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Item Q3BOARD OF COUNTY CO SIGNERS AGENDA M SUNDIARY Meeting Date: February I �. ?I D0 4 IV1sIoI]: County Attorney �_ .� Bulk Item: Yes X No Staff Contact Person: Suzanne Hutton3470 AGENDA ITEM WORDING: Approval to advertise a public hearing to consider approval of an ordinance creating Section 2-346, and amending Section 2-347, of the Monroe County Code to reflect the recently revised and improved Monroe County Purchasing Policy. ITEM BACKGROUND: The Monroe County Purchasing Policy has recently been revised and improved to provide clarification and simplicity for County employees to follow when purchasing goods and services for the County and addressing the increased cost of goods and services. This ordinance revises the Monroe County Code to reflect the recent revisions to the Monroe County Purchasing Policy and provides definitions to further clarify the County's competitive bidding procedure. PREVIOUS RELEVANT BOCC ANION: CONTRACT/AGREEMENT CHANGES. STAFF RECO NDATIONS: Approval to advertise. TOTAL COST: N/A BUDGETED: Yes No COST TO COUNTY: NIA SOURCE OF S: NIA REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing _____ Risk Management DO NTATION: Included X Not Required DISPOSITION: AGENDA ITEM # AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CREATING SECTION 2-346 AND AMENDING SECTION 2-347 OF THE MONROE COUNTY CODE; PROVIDING FOR DEFINITIONS; PROVIDING FOR AN INCREASE IN PURCHASING AUTHORITY; PROVIDING FOR AN INCREASE TO THE AMOUNT OF CONTRACTS SUBJECT TO THE COMPETITIVE BIDDING PROCEDURE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Monroe County Purchasing Policy has been revised and improved to provide clarification and simplicity for County employees to follow in purchasing goods and services for the County; and WHEREAS, the Monroe County Code should be revised to mirror the revisions to the Purchasing Policy and to provide definitions to further clarify the competitive bidding procedure; and WHEREAS, the cost of goods and services has increased since the competitive bidding procedure was created and in consideration of these increased costs and to provide some economy of scale, the amount of county contracts required to be bid should be increased; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTIONI: Sec. 2-346 of Article VI PURCHASING AND CONTRACTS shall be created to read as follows: Sec. 2-346 Definitions. Addendum. Additional directions or modifications during the count procurement process to a solicitation which is issued as a se agate advisor document after issuance of such solicitation by the vurchas in a director or their designee., Comvetitive bidding. Two or more bids or proposals submitted for the same item or services by responsible bidders. Competitive solicitation. Request for bids (RFB) Request for proposals (RFP). Request for quaycations (M), Requests for applications (RFA) or Request for information (RFn. Consultant's Competitive Negotiation Act (CCNA) The official name for F.S. 287.055, relating to the procurement of architectural en in�eeringlandscape architecture, and registered land surveying services These services shall be procured by request for qualifications, and competitive selection and negotiation Contract. A written agreement between two or more competent parties to perform or not perform a specific act or acts Any type of agreement regardless of what it is called for the procurement or disposal of supplies services or construction. Contractor. Any person or firm having a contract with the count Department head. The person responsible for the operations of the department and employees within that department Evaluation or Selection committee. The committee approved to review offers and responses to requests for proposals (RFP) and requests for qualifications (MI -in accordance with the policies and procedures of the purchasing , devartment. and when required. in accordance with the Mate of Florida Competitive Consultants Negotiation Act (CCNA) Le al services. Services of legal counsel authorized by the Office of the County Attorney, including, but not limited to. expert witnesses_ conflict counsel. Division of Admuustrative Hearings (DOAH) services and other services required by the Office of the County Attorney. OMB. The County's office of management and bud eft Pre -bid conference for pre -proposal con erence . A meeting -held with prosipective bidders vrior to solicitation of or the date for recei t of bids or proposals, to reco ' ze state of the art limits technical asiDects, s ecifications and standards relative to the sub'ect and to elicit expertise and bidders' interest in submitting a bid or pursuing, the task. Provosal. An executed formal document submitted to the county stating the goods and/or services offered to satisfy the need as requested in the request for proposal. Professional Services. An independent contractor in one of more of the following professional fields: appraisal services (as per F S 125 355)• audit and accounting services: consultants in planning, management and technolo 'cal or scientific advisors: financial services in rating and underwriting of bonds and investment services and medical services. Purchase order. A document which authorizes the delivery of specific merchandise or the rendering of certain services and the making of a charge for them. PurchasinP director. The person holdingthe position as head of the purchasingdepartment. Request for applications (RFA). A solicitation for applications for funding which from time to time maybe issued by the county or tourist development council for various nroparams. Request for bids (RFB). A solicitation of the responses for prices and terms for procurement of goods and/or services for which the scope of work specifications or contractual terms and conditions can be closely defined Evaluation of a bid is based upon price conformance with the specifications and deemed submitted by a responsible bidder. Request for information (RFI). A written or electronically posted request made by an agency to vendors for information concerning commodities or contractual services. Responses to these request are not offers and may not be accented by the agency to form a binding contract A letter of interest mav or may not be required as part of the RE process Request for proposal (RFP). A solicitation of the responses for prices and terms for procurement of goods and/or services for which the scope of work specifications or contractual terms and conditions cannot reasonably be closely defined by the County. Evaluation of a proposal is based on prior established criteria which may include but may or may not be totally limited to price Request for qualifications &FQ). A solicitation of responses from vendors whereby vendors are invited to submit a summary of their particular qualifications and to state their interest in performing a specific job or service for the countx From such submissions, the county selection committee determines which of such vendors shall be short-listed, interviewed and recommended to the board of countX commissioners for permission to negotiate for scope of work and fees Responsible bidder. An individual or business which has submitted a bid offer, proposal quotation. or response which as determined by the county has the capability in all respects to perform fully the contract requirements and the exuerience. inteQriri, reliability and capacity facilities equipment and credit which give reasonable assurance of food faith and performance The county maX also consider and give weight to the bidder's previous conduct and performance under previous contracts with the county and other agencies (includin but not limited to delinquency) and determine the quality of the bidder's previous work Responsive bidder. An individual or business which had submitted a bid offer, proposal, quotation or response which as determined by the count confornis in all material respects to the solicitation which may include but is not limited to nricine, surety, insurance specifications of the foods or services requested or any other matter unequivocally stated in the invitation for bids as a determinant of responsiveness. Alack of conformity in these matters which is nonsubstantive in nature may be considered a technicalitv or irregularity which may be waived by the county Responsive bid. A bid or proposal which conforms in all material respects to the request to bid or request for proposals Sole source. The only source of the item(s) which meets the needs of the using department as determined by the required process under the Monroe Count Purchasing Policies and Procedures. The county. Monroe County,a political subdivision of the State of Florida or any of its authorized representatives pursuant to ordinance resolution or administrative code. Utilitv/local telephone services. Services from a utility whose rates are determined and controlled by the Public Service Commission or other overnmental authority. including but not limited to electricity, natural eas, Ovate sewer, wastewater, to enhone. telecommunicationsand cable television servic SECTION 2: Sec. 2-347(e) shall be amended to read as follows: (e) This section applies to all county contracts, exce t as otherwise stated in this article, for services • • . 7 goods, and public works, that are, in accordance with generally accepted accounting principles, expected to cost $50,000 or more. A contract may not be split into multiple contracts for services, goods or public improvements for the purpose of evading the requirements of this section. (1) The county administrator may, in his discretion, require that contracts for services, goods or public works that are expected to cost less than $50,000�AA9 comply with the terms of this section. (2) When the goods or services sought are expected to cost $50,000 25 100 r more and are available to theaE county through an existing contract between a vendor and the state. the United States, or another county of the state, municipality or special distract, then compliance with the terms of this section is not required. However, before the purchase is made through an existing contract, the department head pu; 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 of the existing contract. If the goods or services are available from another vendor at a lower price then 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 ' • ete� department head offered the goods or services at a price lower than the price of the existing contract. The results of the requests from vendors shall be submitted to the purchasing director for verification before the contract is approved by the count (3) When the goods or services to be purchased are only available from a sole source then the purchase may be exempt from this section However the department head of the reauestine department must provide written just cation as outlined in the Monroe Countv Purchasing Policies and Procedures before approval of the contract or purchase is made. 4 (4) Persons who design county construction projects, or provide the specifications to the county for such projects or provide the specifications for any goods or services, are prohibited from bidding on the project construction work and are prohibited from bidding on the provision of the goods or services. This prohibition does not apply to design build contracts and design/build/operate contracts, when authorized by general law and when the board of county commissioners has specifically elected to proceed under those provisions of general law. (5) The comuetitive bidding procedures are not required to apply to the following; a. Professional service covered by the Consultants' Competitive Ne otiation Act (F.S. &287.055). Other professional services may be exempted by the BOCC from the competitive biddingprocess when price is only a minor concern compared to qualitative considerations• b. All purchases of services controlled by the public service commission including but not limited to utility/local telephone services• c. Cellular telephone services: on -going payments and fees for maintenance and support of existing software technology which has been purchased in accordance with existingprocurement requirements-, software packages for personal computers approved by the countv's IT department-, d. Legal services, lobbying services interpreter services; court reporter services: and advertising services: and e. Change orders authorized under a lawfully executed county/contractor contract SECTION 3. Sec. 2-347t fj shall be amended to read as follows: �f} The com 'tive solicitations Jor contracts covered by this section must be made through published notice (1) The published notice of comiDetitive solicitations must set forth a brief summation of the sem*ce, goods or public work desired together with a description of where and from whom a potential bidder or proposer may obtain more detailed information. d EM AA7 A...l7 �AM !l.wrl: w�1� �� l___ _-_--_ -L --- - 1 1• •_ _ • _y _ . The notice must state that all responses to competitive solicitations submitted must be sealed and must be submitted to the purchasing department AM .The notice must state the date, time, and placewhere the responses to competitive solicitations will be (2) The competitive solicitations notices shall comply with any applicable statutes and the requirements of the Monroe County Purchasing Policies and Procedures. 5 SECTION 4. Sec. 2--347(g) shall be amended as follows: (g) County departments must prepare the bid specifications in advance of the publication dates. The specifications must include, where applicable, plans, descriptions of the service or description of the goods, the estimated quantities, the contract format, insurance and bonding requirements, all as appropriate to the services, goods, or public improvements desired. The specifications may not be drafted or structured in a way that only one person is capable of submitting a bid that meets such specifications. The specifications must be sufficiently detailed, definite, and precise upon all the essential elements that are to be a part of the contract so that a bid received will constitute a defuute offer for the contract that may be accepted by the board of county commissioners without further negotiation. when the bid specifications are in final form, and before the publication date, the original specifications includm an electronic version must be delivered to the custody of the county purchasing director by the department that prepared them. The purchasing director will retain custodyuntil after the bids are opened. P The department may retain a copy of the specifications for its use but, if there is a conflict between the terms of the specifications in the director's custody and the department's, the specifications in the director's custody are controlling. Any amendments to the specifications or addendum must be made through the purchasing director who shall be responsible for notifying prospective bidders l ro osers of the amendments or addendum. SECTION 5. Sec. 2-347(h) shall be amended as follows: (h) In order to determine if the persons or entities submitting responses to com etitive solicitations are responsible, all responses to com etitive solicitations ems; for contracts to be awarded under this section must contain, at a minimum, the following information: (1) A list of the person's or entity's shareholders with five M percent or more of the stock or, if a general partnership, a list of the general partners, or, if a limited liability company, a list of its members, or if a solely owned proprietorship, names(s) of owners); (2) A list of the officers and directors of the entice; (3) The number of years the person or entity has been operating and, if different, the number of years it has been providing the service, goods, or construction services called for in the specifications (include a list of similar ro ects); (4) The number of years the person or entity has operated under its present name and any prior names; (5) Answers to the following, ' ' questions regarding claims and suits: a. Has the person, princivals., entity,, or anv entity reviousl owned operated or directed bv anv of its officers ma'or shareholders or directors 0 ever failed to complete work or provide the goods for which it has contracted? If yes, provide details; b. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the person rinci al of the entit or entity or any gnfity lDreviouslvowned o erated or directed by any of its officers, directors, or general partners? If yes, provide details; c. Has the person, princiDal of the entitL entitV, or an entit reviousl owned o erated or directed by any of its officers major shareholders or directors within the last five M years, been a party to an law suit, or -arbitration, or mediation with regard to a contract for services, goods or construction services similar to those requested in the specifications with rivate or Dublic entities? If yes, provide details; d. Has the person rinc i a1 of the entit or an entit rev ious 1 owned o erated or directed by anv of its officers ownerspartners,, ma' or shareholders or directors ever initiated litigation against the county or been sued by the county in connection with a contract to provide services, goods or construction services? If yes, provide details; e. whether, within the last five fQ years, the owner, an officer, general partner, principal, controlling shareholder or major creditor of the person or entity was an officer, director, general partner, principal, controlling shareholder or major creditor of any other entity that failed to perform services or furnish goods similar to those sought in the request for com etitive solicitation; f. Customer references um of three including name current address and current tel a hone number; g, Credit References minimum of three including name current address and current tele hone number; h. Financial statements for the iDrior three vears for the res ondm" entity or for any entity that is a subsidi'ary to the resiDondigg entity. Lmw Any financial information requested by the county department involved in the com etitive solicitation ' ' ' ,related to the financial qualifications, technical competence, the ability to satisfactorily perform within the contract time constraints, or other information the department deems necessary to enable the department and board of count commi s s loners to determine if the person res ondm* i s responsible. The department requesting competitive solicitations ,and the 9A4�-rum eEef county attorney reviewing the competitive solicitations must make sure that all bid solicitations request the information required by subsection (h). The department requesting the competitive solicitations ,must evaluate the information received, then prepare a recommendation to the board of county commissioners f f e,.e.:: ;,f the thr-ee lautaq h'aa as to whether the lowest bidder or the highest ranked proposer is responsible in the view of the information received. In evaluating the information received, the requestingtidepartment is directed to give greater weight in preparing their recommendation to the 7 bidder's/ proposer's responses to subsection (h) (5) a=i of this section. The y e� department head is directed to investigate any prior business entities or associates of the person or entity submitting the bid in order to determine if the inquiries enumerated in subsection (h) (5)a-h-a-i* of this section, should be applied to any of the business entities or associates involved in the person's prior business associations. If the department, A4'�� a=���•�-, or county attorney have a reasonable belief that any information furnished by a bidder/proposer is false, misleading or omits relevant fact, the department pis directed to investigate any lawfully available information resource in order to be able to adequately advise the board as to whether a bidder/proposer is responsible. If after the responses to competitive solicitations are received it is discovered that abidder/ ro oser misrepresented or omitted information required by firms subsection (h), then his bid/proposal -wilshall be automatically disqualified. If the misrepresentation or omission is discovered after the contract is awarded, the board of county commissioners may, in its discretion, terminate the contract with no liability to the county other than to pay the contract price or unit price for work that is satisfactorily completed and useful to the county up to the date of the meetin�of the board of county commissioners terminating the contract AAA ;Hetiefg-� The foregoing must appear in all " � "''' t him addecl ` "contracts covered by this article. SECTION 6: Sec. 2-347(i) shall be amended as follows: (i) Each bid for construction projects estimated to exceed $200,000 must be accompanied by a bid security in an amount equal to five percent of the bid price either in the form of a certified check made payable to the county or in a bond from a surety company authorized to do business in the state. A project may not be divided into subparts to avoid the requirement for the bid security. The County,in its discretion ma re uire a bid securit for construction ro'ects estimated to be less than $200,000. The bid securities will remain in the custody of the OMM director until forfeited or released as provided elsewhere in this %ibsection. If, after the board accepts the bid the bidder refuses to execute the contract or commence the work or provide the goods called for, then the bid security will be forfeited to, and become the property of, the county as liquidated damages for the county's loss of bargain. If the successful bidder executes the contract and commences performance, then the bid security will be returned. The bid securities of unsuccessful bidders and bid securities in the county's possession for more than 90 days from the date of bid opening must also be returned. The follow shall also apply: (1) ill fill 9 0 . All bids are irrevocable for 90 days from the bid opening date However if a bidder discovers an error in his bid,, he may withdraw the bid and obtain a refund of the bid security if the bid has not yet been accepted by the board of co +unty_ commissioners. However, the securit may be returned only if the bidder can show, to the satisfaction of the county OMB director, the following equitable factors: a. The bidder acted in good faith in submitting the bid; b. In vrenaring the bid there was an error of such magnitude that enforcement of the bid would work a severe hardship upon the bidder• and c. The error was not a result of gross nepligence or willful inattention C. off was not �2) All bids must be sealed and submitted to the purchasing director before the time described in the published notice for the bid opening All bids must be opened at the time and place described in the published notice Any bid submitted after that time shall not be considered. (3) In order for a bid to be accepted by the board of county commissioners and a contract awarded, the bid must be the lowest in pace must conform to the specifications, and have been submitted by a responsible bidder. For the purposes of this section. the following terms have the following meaning• a. The term "lowest in price" means the lowest total economic cost to the county incluclin& but not limited to., the contract price and demands upon county equipment and county staff time b. The term "conform to the specifications" means that there is no substantial variation between the bid submitted and the county spec cations Slight or immaterial variations from the specifications do not create a nonconforming bid. However, any variation that destroys the competitive character of the biddingprocess causes or confers a material change more favorable to one bidder than the others or furnishes one bidder an advantage or benefit not ejoved by the other bidders is a substantial variation and result in a nonconforniiniz bid pp. In Cow Y. rr. ► R• .. ■ . r r . • . a r . . a ■ a . r w ■ . ■ OR ., ■ . . r i . ■ a ■ w■ r ■ 9 q WJ 9 Yw r.III, ► r r 1 , ■ 9 119 It NIM .■ 01 4 r . . R. r . ws a a 1 ! ■■ 11■ r ■ . .� .. a r . ■ . . r a . a a ■ w. was a r. r . a Wr r r a■ . a ■■� • ! ■ A .. .. a .. ■ w a .. ■ A ■ ■ ■ . r ■ rr ■WIN ■ ■ w I ■■ ■ • s w a . . 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MK I I LjvAW,,lK`N6-�M . . + ;;k;AL1L:Mi 111, 11 1 11 V fW . a ■ 0 9% J& I'll A AP 9 k IP -1199W a a . w a W *j W 09% RIP ■ a w■ ■■ w OUR ■*--j IP qLW A"ML■I Lin ■It■J■ ■ ■ w •■ ■ ■ w ■ ■ w ■ • a WL. • • ■ ■■—M■ ■ . w r ■ ■ ■ w• ■ ■■ ■ ■ • f rW IMN i ■ • • . ■ •• •y US .■ a k a a . r w . • . . ■ ■ ■ r i.J■ . ■ s a a ■alm drM'v■ 14 F . .T . T M ■ ► IV■■ • • a A ■ ■ ■ r R . ■ . a ■ , a ■ .■ w w w i ■ ■ . A . . ■ a • ■ . ■■ ■ ■. . . r a , ■ ■ ■ • i ■ . . a w ■ r ■ y . ■■ . ■ r .y J MI. . ■ . ■ w 1 tR11•1t�+■.�■�1■�■ r ■ . ■* J3 J . 1 1■I _ wzA ML11 i _EM -r., • r ■ w ■ . ■ . a . IN ■ ■ ■ J■ ■ r Rv► + ■ pro. ■ a . ■■ ■ • r w r r w a w e • w i S�I►1! ■ ■ ■ ■ dIN ■y ■ SECTION 7. Sec. 2-3470") shall be amended to read as follows: (j) All responses must be sealed and submitted to the office of the count vurchasin�department before the time described in the published notice for the bid opening +�res_ponses submitted after that time shall not be considered. All of the responses must be opened at the time and place described in the published notice. All responses are irrevocable for 90 days from the bid opening date. However, if the proposer discovers an error in his response, he may withdraw his response in good faith (1) The board of county commissioners' determination as to the following is discretionary with the board and is final: ; 10 to whether a bid is the lowest in price, based upon the same criteria set forth in subsection i 3 • whether a proposal is the highest ranked with price as a consideration when a licable; whether a bid variation from the county's specification is slight and immaterial or substantial and materials whether a response is submitted by a responsive bidder and responsible bidder, as defined in this cha ter.; ., (2) once the board of count commissioners has determined which response shall be awarded the contractLai A.west the board may vote to accept that b idl ro o s al and authorize the mayor to execute a written contract reviewed and approved by the county attorne ' s office on behalf of the county. If the initially successful y � bidderlproposer refuses to execute the contract or, if after the execution, refuses to commence performance, then the board may vote to accept the bid of the next lowest. conforming responsible bidder or the next highest ranked responsive responsible bidder and so on. However, the board of county commissioners at all times reserves the right to waive variations from the specification that do not render a bid nonconforming, to reject all competitive solicitations, readvertise for competitive solicitations, or to abandon any project, purchase of goods, or request for com etitive solicitations. A contract is not entered into until the board of county commissioners votes to accept a bid or proposal and directs the mayor to execute a contract on behalf of the county. Regardless of any representations made by any county officer, employee or county contractor or consultant, and regardless of any funds expended or work performed by the bidder or a prospective contractor, the county is not liable or obligated to pay the bidder/prospective contractor any money until the bid/pio osal has been accepted by the board of county commissioners. SECTION S. SEVERABILITY. If any portion of this ordinance is for any reason held invalid or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. SECTION 9. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. SECTION 109 INCLUSION IN CODE OF ORDINANCES. The provisions of this ordinance sha11 be included and incorporated in the Code of Ordinances of the County of 11 Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. SECTION 11. TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be filed with the Department of state and shall be effective as provided in section 125.66(2), Florida Statutes. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the th day of 92012. Mayor David Rice Mayor Pro Tem Kim Wigington Commissioner Heather Carruthers Commissioner George Neugent Commissioner Sylvia Murphy (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAOE, Clerk OF MONROE COUNTY, FLORIDA a Deputy Clerk Wo 12 Mayor/Chairperson