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10/13/1999 Agreement Between Monroe County and Clean Florida Keys, Inc. This Agreement is made as of the 1st day of October, 1999, between the Board of County Commissioners of Monroe County, Florida, hereinafter referred to as the "Board" and Clean Florida Keys, Inc. WHEREAS, Monroe County has millions of visitors each year, and the small permanent population is faced with managing and controlling or preventing the litter, both land and water borne from these visitors, and WHEREAS, the County faces severe litter problems throughout all areas of the Keys, and WHEREAS, Clean Florida Keys, Inc. provides services in the form of program management, including educational programs and community action programs; and WHEREAS, in Fiscal Year 2000, the Florida Department of Environmental Protection has awarded Monroe County $17,500.00 to coordinate Florida's mandated goal to reduce litter by 50% through a local Keep America Beautiful affiliate. Clean Florida Keys, Inc. is Monroe County's local Keep America Beautiful affiliate. IN CONSIDERATION of such services rendered, Clean Florida Keys, Inc. and the Board agree as follows: 1. The Board shall allocate the total grant to Clean Florida Keys, Inc. toward payment of administrative and operating expenditures shown on the Clean Florida Keys monthly budget and specified in Option 1 of the grant. 2. The Board will compensate Clean Florida Keys, Inc. on a reimbursement basis, for providing the measurable objectives as specified in the scope of work in the Litter control and Prevention Grant application program budget. The Litter control and Prevention Grant application program budget is attached and made a part of this agreement. 3. Records, checks and receipts of the use of the funds shall be kept by the Executive Director of Clean Florida Keys, Inc. Records, checks and receipts shall be kept in accordance with Monroe County Policies, and the general conditions of the grant, under the direction of the Department of Environmental Protection. A copy of the applicable County policies, the grant and the applicable Department of Environmental Protection Policies are attached hereto and incorporated by reference. Records and receipts will be available for inspection during regular business hours. 4. The term of this agreement is October 1, 1999 through September 30, 2000. 5. Clean Florida Keys, Inc. shall indemnify Monroe County for all claims of any sort that arise from the use of this funding. In this respect, Clean Florida Keys, Inc. shall hold Monroe County harmless and assume all responsibility for any claims or damage resulting from the use of this funding during the time wherein the funding continues. IN WITNESS THEREOF, the parties hereto have executed this Agreement as of the day and year first above written. Mayor Wilhelmina Harvey Yes Mayor Pro Tem Freeman Yes Commissioner Neugent Yes Commissioner Williams Yes Commissioner Reich Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA C /------;'; J ( I . l:al q. ~\\ "\ , - '" ,,~ '!'I " ,..,.~~,....~ ~ '--A.__<q:1l..,W!....:..~~~.~....~~........""'_ ; "\ 'I "r"-- '.'\ Mayor/Chairman \0 - \~ -~ <\ Attest: t IO-\~-\~~<=t (SEAL) ANNE A. HUTTO lofu /'1'" I ~I .. ~~fi r ' __n__::~1 CLEAN FLORIDA KEYS INC. PO Box 1528, Key West FL 33041-1528 Phone (305) 296-3791 * Fax (305) 296-6132 * Email: KeysBeauty@aol.com JUN 1 1 June 8, 1999 Mr, James Roberts Monroe County Administrator 5100 West College Road Key West, FL 33040 Dear Mr, Roberts: Clean Florida Keys, Inc. (CFK) continues to be actively involved in solid waste management and recycling in Monroe County, For more than five years our community service programs, especially the Adopt-a-Shore program, have been an important strategy for informing Monroe County residents about litter, solid waste prevention and for organizing regular cleanup campaigns throughout the Florida Keys, The objectives of our organization set forth in our Articles of Incorporation, parallel those of Monroe County as outlined in Florida's Solid Waste Management Act of 1988, The objectives of Clean Florida Keys, Inc, are: · To promote public interest in the general improvement of the environment by initiating, planning, directing and coordinating programs for litter control in Monroe County · To study, investigate and develop plans for improving the health, sanitation, safety and cleanliness of Monroe County · To encourage the planting and preservation of trees and other objects and ornamentation in Monroe County · To advise and make recommendations to various local government departments for the beautification and general improvement of the environment of Monroe County · To implement and maintain the Keep America Beautiful, Inc, System in Monroe County Over the past several years, Clean Florida Keys has: · Carried out litter cleanup campaigns throughout Monroe County, Florida through the donation of approximately 2000 hours annually from over 350 volunteers resulting in 360,000 pounds of trash and debris removed from Monroe County; · Vigorously developed and promoted the Adopt-a-Shore Program in Monroe County so that it is one of the largest in the state of Florida with 30 active groups, The 1999 Spring cleanup in Monroe County was the largest ever with nearly 475 individuals participating, . · The Adopt-A-Shore program involves: · communications with coordinators · ongoing recruitment of new volunteers and groups; · media campaigns to promote cleanups; · information and materials delivered to all groups · participation in two major cleanup campaigns, plus additional cleanups designated annually by each group. Page Two Clean Florida Keys programs (continued): · Performed the Keep America Beautiful, Inc. cost benefit analysis to determine government's return on dollars invested in Clean Florida Keys programs · Partnered with Florida A&M Graduate Students - cooperating with the City of Key West, CFK enabled students to donate time and resources to develop a draft master plan for beautification of selected areas in Key West-would like to repeat this effort in other Monroe County areas · Encouraged businesses and individuals to sponsor tree plantings (worked with City Electric on a tree give-a-way program April 1999 for Monroe County) · Designed and conducted educational programs and community action programs on litter prevention and control for businesses, schools and civic groups. Activities included speeches and programs such as Earth Day Educational Fair and a 5K Run/Walk program to promote shore cleanups. CFK plans to continue these and other new programs in 1999-2000 and we look forward to working together with Monroe County on litter prevention and control, effective waste handling, and beautification efforts. In order for Clean Florida Keys to maintain and expand its programs, we request the use of the state litter grant funds. We are confident that our programs are responsive and parallel the objectives for litter prevention in Monroe County. We appreciate the opportunity to work with Monroe County and its residents to ensure a cleaner, more beautiful environment for the future. Recent cost benefits analysis determined that CFK returns $9.82 for every dollar allocated by government sources to carry out litter prevention, cleanups and beautification. Also enclosed is a copy of our 1999-2000 budget for your review. Sinqerely, ~/}~ cdl!&~ Marie W. Klemann Executive Director Enclosure Copies to CFK Board of Directors An Affiliate of Keep America Beautiful, Inc. & Keep Florida Beautiful, Inc. FROM CLEAN FL KEYS FAX NO. 3135 296 6132 Aug. 25 1999 l(J:37AM P1 ~ Clean Florida Keys. Inc. Revised August 24.1999 INCOME Grants Keep Florida Beautiful ACBPG.. --ApprOved Community Based Program Grant State LItter Grant. Admin by Monroe County Total Income Granla 1999-2000 1"9.2000 Other Income Metl"lt)er'SI'I,p O\Jes OOt\~liOt\$ Earth Day 5K RunlWalk Dumpster Art PrOject TOlallncome Olher. 1999.2000 In-Kind Donalion of OffICe Renl Totallneome General EXPENSES Consulling ~f:1!lS eqUipICOl"lI)"ler/C~fSul)pl~s TelephoneIF axlEmail Postage & Oehvel)' (50% for cleanups) Meetings FeesrrraYllI litter Pravteduc PrOQrams In.Klnd 00n3t1on of ()ffl~ Rent $6.000 Total Expenses General Adopt-a-Palm Project Restricted- Income Expenses 1999.2000 Tol.lls ZQ.ooO.OO 17.500.00 S )7.500.00 S 2.500.00 $1.500.00 S 1,500.00 $4.000.00 S~ S6.000 $47.000 531.200.00 SS.OOO.OO $2.000.00 S2,AOO.00 S1.6oo.00 $4.800.00 S47.0oo.oo $140000 $1.40000 *Funds restricted for use in Adopt-a-Palm Program Phase II Pojected for 2000.2001 Monroe County Board of County Commissioners Purchasing Policy Mayor Wilhelmina Harvey, District 1 Mayor Pro tem Shirley Freeman, District 3 George Neugent, District 2 Nora Williams, District 4 Mary Kay Reich, District 5 James L. Roberts County Administrator John Carter, Senior Director Office of Management & Budget Monroe County Purchasing Policy Table of Contents CHAPTER 1 -I NTR 0 DU CTI ON.................................................. .......... ...........................3 CHAPTER 2 -AUTHORITY & DUTIES............................................................................ 3 A. Boa rd 0 f Co u n ty Co m miss io n e rs . ........ ........... ..................... ..... ....... .......... .......... ................... .....................3 B. Co u n ty Ad m i n istra to r ...... ..... ...... ..................... ..... ................ ........................................................................3 C. 0 fflce 0 f Ma na ge m en t & Bud get ... ............... ................ ............... ....... ................... ...................................... 3 D. Req u es tin g Depa rtm en t ............ .............................................. ...................................................................... 4 E. Delega tio n 0 f Au th 0 ri ty ............... .............................. ............................ ........................................................ 5 F. Pu rc h asin g Au th 0 rity ....................................................... ..................... ........................................................ 5 G . No n -d isc ri m in a tio n ...... ..... ............... .......... ....... ................. .............. ........................ ...................................... 6 CHAPTER 3 -COMPETITIVE BID PROCESS ................................................................ 6 A. Notice In vitin g Bids ....................................................................................................................................... 6 B. Proced u re for Bids ..................... ...................................... .............. ................................................................ 7 C. Tie Bids........... .......................... ......... ....................... ............ ................. ........... ........ ........................ ......... ..... 8 D. Re j ectio n 0 f Bids ..............................................-............................................................................................ 9 E. Waive r 0 f I rregu la ri ties .. .............................................................................................................................. 9 F. A wa rd 0 f Bid Co n tract.................................................. ................................................................................ 9 CHAPTER 4 -PURCHASE OF PROFESSIONAL SERVICES ........................................ 9 A. Deflnitio n ........................................................................................................................................................9 B. Methods 0 f acq uisition ................................................................................................................................1 0 CHAPTER 5 -DESIGN/BUILD CONTRACTS ...............................................................10 A. Prima ry Proced u re ......................................................................................................................................10 CHAPTER 6 -CONTRACTS/AGREEMENTS ...............................................................15 A. Co n tract Review ..........................................................................................................................................15 B. Req u ire men ts ............................................................ ................... ................................................................15 ~l'YfB Re\ii$Ccll7.2SI99 ~ Page 1 Monroe County Purchasing Policy c. c P I Co m p u ta t io n........................ ............................................... ..... ........ .......... .......... ....... ....... ...... ............. 16 D. Ex cep t io ns .. ...... .................. .............. ....... ....... .............. ...... ............ ................................. ........ ..................... 16 C HA PTER 7 -EX CLU S IONS.................................................. ...........................:........... 17 A. So Ie So u rce .......... ............... .......................... .......................... ........ .............................................................. 17 B. S ta te 0 r G SA Co n t ra cts.... .......... .................. ................................. .............................................................. 1 7 C. Prev io us Iy A P proved Projects ..... ............................................ ...................................................................1 7 D. Piggy ba cki n g ............. ............ .......................................................................................................................1 7 CHAPTER 8 -BLANKET PURCHASE AGREEMENTS ................................................ 18 A. Types 0 f B P As ..............................................................................................................................................18 B. BP A terms and conditions ..........................................................................................................................18 CHAPTER 9 -RETURN OF PURCHASES ....................................................................19 CHAPTER 10 -SMALL BUSINESS & DISADVANTAGED BUSINESSES................... 19 CHAPTER 11 -PURCHASE OF INSURANCE .............................................................. 20 CHAPTER 12 -RECYCLED CONTENT PRODUCTS ................................................... 20 , CHAPTER 13 -SURPLUS ITEMS .................................................................................20 CHAPTER 14 -CENTRAL STORES .............................................................................21 A. Pu rpose ......................................................................................................................................................... 21 B. Req u is itioos fro m Ceo tra I Sto res ...............................................................................................................21 OMB Revised 1/25/99 Page 2 Monroe County Purchasing Policy CHAPTER 1 - INTRODUCTION The purpose-ofthe County's Purchasing policy is to secure economy in the construction of County public works and in the expenditure of County funds for services, materials, supplies, and equipment. The policy is intended to promote actual, honest and effective competition and protect the taxpayers from collusive contracts, favoritism, fraud, extravagance, and improvidence. The policies and procedures outlined herein:aregoverned by Florida'Statutes.and ' Monroe County Ordinances most recently in effect. CHAPTER 2 - AUTHORITY & DUTIES A. Board of County Commissioners The Procurement Policy Office consists of the Monroe County Board of County Commissioners which is hereinafter referred to as the BOCC. 1. The BOCC shall decide all matters of policy including those referred to it by the Chief Procurement Officer. ~~~.1r:;-::t'>N(j'rotitI'actin-excess.'of$1~OOO,fori,goOdsotsetVices'lma:Y.be~awanled i without the approval of the Policy Office. ',' y B. County Administrator 1. The County Administrator is the Chief Procurement Officer and shall have the authority and responsibility to adopt administrative instructions for the procurement of supplies, services, and construction in accordance with policy adopted by the BOCC. 2. County Administrator has contract approval authority of$I,OOO.OO M.C. ordinance Section 2-1. C. Office of Management & Budget 1. There is a Purchasing Section, within the Office of Management and Budget (OMB). The OMB Director shall head the Purchasing Section and in such capacity be additionally referred to as the Purchasing Director. 2. The OMB Director, with the approval of the County Administrator, may originate or modify a Monroe County Administrative Instruction that delineates specific procedures for governing the procurement process as defined by County Ordinance and this Policy. 3. The OMB Department must conform to its unique status: government OMS Revised 1125/99 Page 3 Monroe County Purchasing Policy procurement is an "act in agency," a special relationship which calls for the OMS Department to act for others, to commit their budgets, and to influence their programs. 4. Reviews all requests for purchase and contracts for goods and services prior to creation of purchase orders or submission to the BOCC for review and execution. OMS checks convicted/suspended vendor list prior to issuance of any purchase orders. 5. Assures that supplies used by various departments will be uniform whenever consistent with operational goals and in the interest of efficiency or economy. The requesting department must justify the need for a special type of item. 6. The OMB Department maintains a list of potential bidders for the various types of materials, equipment and supplies to be used in the development of a mailing list for distribution of specifications and invitations to bid. Any supplier may be included in the list upon request. 7. Makes alternative suggestions to the requesting department if requested specifications would restrict competition or otherwise preclude the most . economical purchase of the required items." In case of disagreement as to' the content of the specifications.rthe County Administrator shall make the' final determination. · 8. Makes the determination ~hen a low bidder proposes an alternative as "an equal" to that specified, whether the proposed substitution is, in fact, an equal. 9. Seeks purchases through State, Federal Agencies, or other governmental agencies if such purchases are in the best interest of the County. 10. The OMB Department develops standard lists of commonly used items for all categories of supplies. These lists shall be used as a basis for determining the feasibility of obtaining quantity/bulk purchases. D. Requesting Department 1. Must submit a written or electronic "Request to Purchase" to the OMB Department for all purchases of goods and services. 2. Provides adequate description of needed items so the OMB Department can assist in preparing specifications to procure the desired items and or servIces. Page 4 OMB Revised 1/25/99 Monroe County Purchasing Policy 3. Provides written justification for a special type of item and or "Sole i Source" vendor for which only the BOCC, County Administrator or.~ Director ofOMB may approve at the appropriate level ofpurchasingt authority. The OMB Department must in all cases evaluate the request for any such commodity, service or source. 4. Secures original invoicing on all purchases made during an emergency, and must be signed by the required authority, then forwarded to Finance. E. Delegation of Authority Subject to the limitations ofthese policies and any additional procedures of the County Administrator, the OMB Director may delegate authority when and where such action is deemed necessary . F. Purchasing Authority Purchasing Authority is defined as signature verification of original invoicing for receipt of the ordered goods or services for payment by Purchase Order, Audit Slip, or other fiscal documents. 1. Purchasing Authority shall be limited:to the County Administrator, OMB Director, Division Directors, Department Directors.and/oIftheir,properly II authorized designees in order to insure proper fiscal control. 2. Purchasing Authority dollar level may be elevated to a higher level if County Administrator or OMB Director determines such to be in the County's best interests. , PURCHASING LEVELS WHAT TO DO? PURCHASING AUTHORITY FOR TOTAL DOLLAR AMOUNT WHO APPROVES? $.0 I - $5,000.00 "Request to Purchase" form to 'Depfffitie:m:.Director . Purchasing. or their desigriees. of $5,000.0 I - $10,000.00 Request to Purchase form along with Division Director or their designees.~' two (2) or more written price quotes. $10,000.01 - $25,000.00 Request to Purchase form along with County Administrator two (2) or more written price quotes. Requesting Department will solicit bids in conjunction with the Purchasing Department. $25,000.0 I AND OVER Competitive Bid process BOCC prior approval required Governed by County Ordinance G. Non-discrimination It is the policy of Monroe County to provide equal opportunity to all qualified persons in gaining entry to do business with the County. To help achieve an optimum level of competitiveness, Page 5 OMB Revised 1/25/99 Monroe County Purchasing Policy Monroe County does not discriminate on the basis of race. color. sex, national origin. religion, age or disability in its purchase of goods and services. CHAPTER 3 - COMPETITIVE BID PROCESS Any purchase or contract estimated to cost $25,000.01 or greater shall be awarded by competitive sealed bid. A ward of Bid shall be made by the BOCC to the lowest responsible bidder. A ward of contracts for professional services are covered elsewhere in this policy. A. Notice Inviting Bids I f f I , , , , I OMB Revised 1125/99 1. Specifications: The Requesting Department must prepare bid specifications and deliver them to the Purchasing Section and County Attorney's office in advance of the Advertisement publication date. Bid specifications should be written broadly enough to ensure response from a range of bidders. Bid specifications should not be written to steer business toward or "rig" the bid for anyone particular vendor. 2. Advertisement: Notice inviting bids shall be published in one (1) or more local newspapers qualifying under Florida Statutes Chapter 50.031. Notice also shall be publicly posted by the OMB Department in a consistent public location at least twenty-one (21) days preceding the last day established for the receipt of bids. 3. Scope of Notice: The public notice required herein shall include a general description of the articles to be purchased or sold, shall state where bid instructions and specifications may be secured, and the time and place for opening bids. 4. , All bids received must remain valid for a period of ninety (90) days. 5. Bidder's List: The Purchasing Section shall also solicit sealed bids from qualified prospective vendors/contractors who have requested their names be placed on a bidders' list, which the Director ofOMB shall maintain, by sending them a copy of such a notice as will acquaint them with the proposed purchase or sale. 6. Bid Deposit: Each bid must be accompanied by a bid security in an amount equal to 5% of the bid price either in the form of a certified check made payable to the County or in a bond from surety company authorized to do business in Florida. The bid securities will remain in the custody of the OMB Director until forfeited or released. If, after the Board accepts the bid the bidder refused to execute the contract or commence the work or provide the goods called for, ~ei1 the bid security will be forfeited. The bid securities of unsuccessful bidders and bid securities in the County's Page 6 Monroe County Purchasing Policy possession for more than 90 days from the date of bid opening must also be returned. - 7. Bid Addenda: An addendum to a specification shall be defined as an addition or change in the already prepared specifications for which an invitation has been mailed for formal quotations'or an announcement has been posted for a formal sealed bid. a) Any addendum to a request for formal sealed bids shall be approved by the Requesting Department Director, Division Director or designee and the OMB Director or designee. The addendum shall clearly point out any addition or change to the specifications. b) OMB shall be responsible for notifying all prospective bidders who have received specifications of the addendum(s) in writing five (5) calendar days prior to opening date of bids. Specifications and addenda in the possession ofOMB are controlling. B. Procedure for Bids 1. All public notices calling for bids under the signature of the Director of OMB will include a notification of the date, time and place that the bids will be accepted and opened. Any and all bids received after the time and date of acceptance will not be considered and will be (if so requested) returned (at the Bidders expense) unopened to the sender. 2. All sealed bids shall be opened at the office of the Director ofOMB unless another location for doing so was designated in the applicable Public Notice. The OMB Director shall receive and retain all original bid documents and addenda on file in his office. All bids shall remain valid for a period of 90 days. 3. The date and time of bid acceptance and bid opening shall be the same. All Bidders submitting bids for construction, improvement, remodeling or repair of public buildings, will furnish evidence that the bidder holds an appropriate current certificate or registration per Ch. 489.131 F.S. unless exempt under Ch. 489.103 F.S. 4. All bid openings shall be open to the public and the Director of OMB shall certify and keep a record of said openings. All bids shall be stamped with date and time of receipt by the OMB staff and remain under lock. 5. The committee authorized to open the bids shall consist of the County Page 7 OMS Revised 1125/99 - 6. Monroe County Purchasing Policy Administrator, County Attorney, Requesting Division Director and the Director of OMB or their designees. A comprehensive review of the bids will be conducted by the Requesting Department in conjunction with the OMB Department. OMR will prepare a tabulation of the bid opening and certify whether or not the bidder appears on the State of Florida Convicted or Suspended Vendor list. 7. A BOCC meeting agenda item shall be prepared by the Requesting Department and attached to the recommended bid. 8. Upon approval by the County Administrator, the proposal/bid will be submitted for BOCC consideration on a future regular meeting agenda (within sixty (60) calendar days of selection) as an "awarding of bids" item. 9. The County Administrator and/or appropriate Division or Department Director will be responsible for presenting recommendations to the BOCC. 10. Once the BOCC has made a decision, the Requesting Division Director or Department Head or their designated contract manager will be responsible for ensuring the accomplishment of that which was approved. 11. Non-Collusion Statement: Each bid proposal shall contain the appropriately worded non-collusion certification. 12. Drug Free Workplace: All formal contracts or agreements with vendors supplying goods and services to Monroe County shall execute a "Drug Free Workplace" form. c. Tie Bids In the event the same bid amounts are received from two or more bidders who are considered by the BOCC to be equally qualified and responsive, the award shall be to the bidder who has a principal place of business located in Monroe County, FL. Otherwise the tie will be resolved by lot. D. Rejection of Bids 1. The BOCC shall have the authority to reject any and all bids. 2. If the lowest, responsible bid ex~eeds budgeted amount and the BOCC does not appropriate additional funds, the requesting authority may solicit approval from the BOCC and, if granted, may appropriately amend the OMB Revised 1/25/99 Page 8 Monroe County Purchasing Policy project specifications and re-advertise the request for bids. If no bid is received, the BOCC may be requested to authorize the County Administrator to undertake direct negotiations to purchase the item/service. The BOCC would then consider the results of said negotiations and determine whether acquisition of these goods or services at the negotiated price would be in the County's best interest, and if so, authorize the requisition. 4. Late bids. Any and all bids received after the time and date of acceptance will not be considered and will be (if so requested) returned (at the Bidders expense) unopened to the sender. Eo Waiver of Irregularities The BOCC shall have the authority to waive any and all irregularities in any and all formal bids. F. Award of Bid Contract The Mayor, when authorized by majority vote of the BOCC, shall execute formal contracts having a binding effect upon the County. CHAPTER 4 - PURCHASE OF PROFESSIONAL SERVICES A. Definition A professional service shall be defined as assistance obtained in support of county operations from an independent contractor in one or more of the following professional fields: 1. Appraisal Services - real and personal property appraisers (as per Chapter 125.355, FS). 2. Architecture, professional engineering, landscape architecture, or registered land surveying services (as per Chapter 287.055, FS). 3. Audit and Accounting Services - auditors and accountants (excepting the selection of the annual auditor which shall be conducted as per Chapter 11.45, FS). 4. Consultants - planning, management, technological or scientific advisors. 5. Financial Services - bond counsel, rating and underwriting, financial advisor, and investment services. 6. Legal Services - attorneys and legal professionals. Page 9 OMB Revised 1125/99 Monroe County Purchasing Policy 7. Medical Services - medicine, psychiatry, dental, hospital, and other health professionals. B. - Methods of acquisition Because differences in price may only be a minor concern compared to qualitative considerations, professional services may be exempted by the BOCC from the competitive bidding process. Instead, professional services will be typically acquired through one of the following methods: 1. Competitive Selection and Negotiation - per Chapter 287.055, (4) & (5) FS a) A Request for Qualifications (RFQ) is publicly announced. b) Responding firms are ranked and may be required to make public presentations to the BOCC. c) The County will negotiate a contract with the firm selected by the BOCC. d) The negotiated contract will be reviewed and placed before the BOCC for approval. 2. Requests for outside legal services will be referred to the County Administrator and the County Attorney for review and comment as to whether said services are necessary and/or appropriate. Requests for outside legal services may be exempted from formal competition by the BOCC at the request of the County Administrator or County Attorney. CHAPTER 5 - DESIGN/BUILD CONTRACTS A. Primary Procedure 1. Procurements for the design and construction of public construction projects may be obtained through a single contract with a firm selected in a manner permitted under Chapter 287.055, FS and the procedures set forth in this section. 2. For the purpose ofthis section, the following definitions shall apply: a) A "designlbuild firm" means a partnership, corporation, or other legal entity which is: (1) Certified under Chapter 489.119, FS, to engage in Page 10 OMB Revised 1/25/99 Monroe County Purchasing Policy contracting through a certified or registered building contractor as the qualifying agent: and; (2) Certified under Chapter 471.023, FS, to practice or to offer to practice engineering; certified under Chapter 481.219 FS, to practice or to offer to practice architecture; or certified under Chapter 481.319 FS, to practice or to offer to practice landscape architecture. b) A "designlbuild 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 de\{elopment requirements, provisions for utilities, storm water retention and disposal, and parking requirements, as may be applicable to the project. d) A "design criteria professional" means a firm that holds a current certificate of registration under Chapter 481 FS to practice architecture or landscape architecture or a firm who holds a current certificate as a registered engineer under Section 471 FS to practice engineering and provide professional architect services, landscape architect services, or engineering services in connection with the preparation of the design criteria package. 3. The design criteria package shall be prepared and sealed by a design criteria professional employed or retained by the agency. If the agency elects to enter into a professional services contract for the preparation of the design criteria package, then the design criteria professional shall be selected and contracted with in accordance with the requirements of Chapter 287.055 FS The design criteria services of a firm under continuing contract may also be utilized if the project construction costs Page 11 OMS Revised 1/25/99 Monroe County Purchasing Policy are estimated to be less than $500,000 and provisions for design criteria services are included within or added to such contracts. All solicitations for professional services to prepare a design criteria package(s) shall inform the recipient firms of the following information: a) A description of the project; b) The work to be performed; c) Written notification that the design criteria professional who has been selected to prepare the design criteria package shall not be eligible to render services under a design-build contract executed pursuant to the design criteria package. 4. Upon completion of the Design Criteria Package, procurements of Design/Build services shall be processed in a manner consistent with the section entitled "Competitive Proposals". 5. The BOCC may appoint, direct and empower a technically qualified screening committee to review, analyze, evaluate and rank/rate the applicable Design/Build proposals and report their findings and recommendations back to the BOCC for consideration and contract award. 6. The BOCC may declare a public emergency, where appropriate and authorize the using agency to negotiate an agreement for BOCC approval with the best-qualified design-build firm available at that time. 7. In lieu of the designlbuild contractor selection procedure described above, the following selection process may be used at the option of the OMB Director for the selection of a firm for the design and construction or renovation of buildings when the scope of work is flexible and identifies an end result that the County wants to achieve rather than just dictating specific methods and materials. a) Bid proposals must consist of a technical proposal and a price proposal. The two proposals must be segmented into separate sealed packages and clearly marked. An original and five copies of both proposals must be received by the deadline stipulated in the Purchasing Department's public announcement. (1) The technical proposal must include all the information requested in response to the scope of services described in the design criteria package. Examples of such information are: design draWing documents, outline specifications, and Page 12 OMS Revised 1/25/99 OMB Revised 1/25/99 Monroe County Purchasing Policy special requirements, construction details, schematic mechanical, plumbing and electrical, and schedules. (2) The price proposal must include one lump sum cost for all costs of the project as defined by the scope of services of the design criteria package. Examples of such services are: design, permits, construction engineering, and inspection and construction of the proposed project. b) The selection committee consists of the County Engineer, the County Construction Manager, and a representative of the department requesting the project selected by the County Administrator. Depending on the projection, the County Administrator may replace the County Engineer or the Construction Manager with a more appropriately qualified individual. At the time and place stated in the public announcement, the committee will publicly unseal the technical proposals, and distribute the proposals to the individual committee members for study and evaluation. The sealed price proposals must be keep in the custody of the OMB Director until unsealed under the procedure described below. At the time the technical proposals are unsealed, the OMB Director or his designee must also state the time and place where the technical scores will be publicly announced and the adjusted score calculated. The technical scores must be established according to the following criteria: Technical Criteria: Maximum Score 45 Structural System Exterior Finish Roof System MechanicallPlumbing Electrical Interior Finish Interior Hardware and Fixtures Interior Doors/Walls Ceiling/Lighting Systems Management Criteria: Maximum Score 35 Contractors Experience Location of Firm Experience of Firm with DesignlBuild Page 13 Monroe County Purchasing Policy Experience of Architect/Engineer Project Schedule: Maximum Score 20 Contractor's Ability to Meet Schedule Consultant's Ability to Meet Schedule Length of Project Schedule TOTAL MAXIMUM SCORE 100 c) The selection committee members must calculate a score for each of the criteria. The maximum scores are an average of the committee member's score. The total maximum score is the sum of the averages. d) At the time and place previously announced, the OMB Director or his designee will publicly announce the technical scores. The OMB Director will then unseal the price proposals and arrive at an adjusted score for each firm by dividing each firm's price by the technical review score. An example of how the selection formula works is shown below: FIRM TECHNICAL BID ADJUSTED SCORE SCORE A 90 $300,000 3333 B 80 $230,000 2875 C 70 $400,000 5714 (In this example, Firm B would be recommended fQr selectIon.) e) The selection committee must recommend to the BOCC that the firm with the lowest adjusted score be awarded the contract unless the committee's recommendation is to reject all the proposals. The BOCC reserves the right to reject all proposals. CHAPTER 6 - CONTRACTS/AGREEMENTS A. Contract Review 1. All Contracts, leases and/or agreements shall be reviewed by Risk Management, OMB, the appropriate Division Director, and the County Attorney's Office prior to being placed on the agenda for BOCC approval. A contract summary will be attached to each contract/agreement. Page 14 OMB Revised 1/25/99 Monroe County Purchasing Policy 2. The Division Director of an approved contract/agreement shall designate a Contract Manager who shall be responsible for enforcing performance of said contract/agreement terms and conditions. B.- Requirements 1. Per Fla. Statutes, Chapter 287.0582 all contracts which bind Monroe County for the purchase of services or tangible personal property for a period in excess of one (I) fiscal year must have the following statement included in the contract. "Monroe County's performance and obligation to pay under this contract, is contingent upon an annual appropriation by the BOCC." 2. Public Entity Crime Statement. All invitations to bid, request for proposals and any contract document shall contain a statement which reads as follows (Section 287.133 FS): "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CA TEGOR Y TWO for a period of 36 months from the date of being placed on the coqvicted vendor list." 3. Ethics Clause. Each contract/agreement entered into by the County shall contain in accordance with Section 5 (b) Monroe County Ordinance No. 010-1990 the following ethics clause; "(person or business entity) warrants that he/it had not employed, retained or otherwise had act on his/its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee." C. CPI Computation The contract/agreement (lease) amount agreed to herein might be adjusted annually in accordance with the percentage change in the Consumer Price Index for all urban consumers (CPI-U) for the most recent 12 months available. Page 15 OMB Revised 1/25/99 Monroe County Purchasing Policy D. Exceptions 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 beiRg sent to Clerk's Finance Department for payment: a) Employee expenses such as conference expenses, hotel expenses, mileage and other reimbursable expenses in performance of day-to- day duties. b) Interdepartmental charges - billings for specific office repairs, fuels from bulk storage, County vehicle maintenance or repairs, etc. 2. The Purchase of the following goods and or services requires a purchase order and shall be regulated by the appropriate Administrative Instruction. a) All radio communications service and equipment - including but not limited to two-way personnel and vehicle radios, beepers and etc. Monroe County Administrative Instruction #5800. b) All telephone systems, lines, services, equipment and audit costs for same. Monroe County Administrative Instruction #4401. c) All computers and or data communications hardware, software, product and services. Monroe County Administrative Instruction #4401. >- d) Business cards are subject to Monroe County Administrative Instruction #4800. e) All travel shall be approved and/or regulated by the Monroe County Administrative Instruction #1003. f) All purchase of vehicles, rolling equipment or emergency generators (excluding fIre trucks and ambulances) shall conform to Monroe County Administrative Instruction #6403. CHAPTER 7 - EXCLUSIONS A. Sole Source Purchase of commodities and services from a single source may be exempted from formal competition by written justification from the requesting- department of the following conditions: Page 16 OMB Revised 1/25/99 Monroe County Purchasing Policy 1. The public emergency for the requirements will not permit a delay resulting from competitive solicitation. _ 2. All Single Source purchases are subject to approval by either the BOCC, County Administrator or Director of OMB at the authorized level of authority. The OMB Department must in all cases evaluate the request for such commodity, service or source: Any waiver of competition in a specific instance shall not serve to waive competition of future purchases of a similar or exact nature. B. State or GSA Contracts Purchases over $25,000 from vendors holding current "State" and or "GSA" contracts are still' subject to the competitive bidding process:' The price of the existing contract will be tht maximum price for such goods or service in any bids received by the COunty.f The published 1 notice must so state the maximum price.- If no bids are received at or below the maximum price, then the County may use the existing contract. ' C. Previously Approved Projects Once the BOCC has approved a project, concept, and/or specific capital budget item, subsequent additional, redundant approval by the BOCC is specifically not required for advertisements, Requests for Qualifications (RFQ's) or Bids. (BOCC action 5-26-93, Page 93/254 #1). D. Piggybacking The County has the option to "piggyback" on another governmental entity's competitively awarded bid to take advantage of the pricing received: 1. The requesting department, in conjunction with the OMB Department must first verify specifications and award information and receive permission- from both the entity and the vendor to piggyback.' 2. Piggyback purchases over $25,000 are still subject to the competitive< bidding process! The price of the existing contract will be the maximum price for such goods or service in any bids received by the County. The published notice must so state the maximum price. If no bids are received at or below the maximum price, then the County may use the existing contract. 3. Conversely, Monroe County will allow other governmental entities to piggyback on Monroe County's quotes when requested. 4. Please note the term "piggyback" only applies when the items(s) or services( s) being purchased are exactly the same as the original award. Page 17 OMB Revised 1125/99 Monroe County Purchasing Policy CHAPTER 8 - BLANKET PURCHASE AGREEMENTS A Blanket Purchase Agreement (BP A) is a simplified method of filling anticipated repetitive requirements for supplies or services by established "Charge Accounts" with qualified vendors during a specified period (not to exceed 12 months or one (1) fiscal year whichever is less). BPAs are-designed to reduce administrative costs in accomplishing purchases (up to $25,000) by eliminating the need of issuing individual written purchase orders. A. Types of BPAs 1. Un-priced BP As are issued when there is a wide variety of items in a broad class of goods (e.g., hardware) that are generally purchased but the exact items, quantities and delivery requirements are not known in advance and may vary. An un-priced BPA will be established without a purchase requisition or a commitment of funds. To the extent practical, Un-priced BPAs for items of the same type should be placed concurrently with more than one vendor. All competitive sources should be given an equal opportunity to furnish supplies or services under BP As. Orders in excess of $1 ,000 placed against un-priced BP As are subject to competitive solicitation. 2. Pre-priced BP As, also identified as Required Contracts, are issued when there are repetitive needs for specific items or services and when the exact quantities and delivery requirements are not known in advance and may vary. A purchase requisition containing (1) description of the required items or services, (2) specified period, and (3) estimated quantities for the specified period, is required to establish a pre-priced BP A Requirement Contract. B. BPA terms and conditions 1. Description of agreement - A statement that the vendor shall furnish supplies or services when requested by the authorized individual (s) during a specified period. 2. Extent of obligation - A statement that the County is obligated only to the extent of authorized purchases actually made under the BP A. 3. Pricing (Un-priced BPA) - A statement that the prices to the County shall be as low or lower than those charged to the vendor's most favored customer for comparable quantities. 4. Purchase limitation (Un-priced BP A) - Dollar limitation for each call order under the BP A. Page 18 OMB Revised 1/25/99 Monroe County Purchasing Policy 5. Authorization - A statement specifying who may place calls against the BPA (OMB Director). CHAPTER.g - RETURN OF PURCHASES The Policy Office's basic policy is to reject all nonconforming goods or services. All personnel charged with contractor surveillance shall document findings/reviews/inspections in writing and assure that one (1) copy of each is forwarded to the OMB Department for inclusion in the purchase transaction file. Nonconforming goods or services shall be corrected as follows (in order of preference): 1. Request vendor to restock/re-perform any unacceptable quantities/portions of the contract. 2. Allow contract performance after obtaining some form of consideration. 3. Agree to an equitable adjustment and modify the contract accordingly. 4. Repurchase any unacceptable quantities/portions of the contract and collect excess cost from the delinquent vendor. 5. Terminate the contract. 6. All corrections for nonconforming goods and services shall be subject to approval at the appropriate level of purchasing. CHAPTER 10 - SMALL BUSINESS & DISADVANTAGED BUSINESSES On all contracts or contract modifications of over $500,000 ($1,000,000 for construction) and that have subcontracting possibilities, the OMB Director and/or the DivisionlDepartment having project management/oversight responsibilities, should submit an acceptable subcontracting plan. Under such a plan, maximum practicable opportunities must be afforded to small and small minority firms. This plan must include: 1. Separate percentage goals for using small business concerns and small disadvantaged business concerns, 2. Name of an individual employed who will administer the firm's subcontracting program. 3. Description of efforts to be made to insure that such firms have an equitable opportunity to compete for subcontracts. 4. Assurance that the clause at FAR 52.219-8 will be included in all subcontracts that offer subcontract opportunities. Page 19 OMS Revised 1/25/99 Monroe County Purchasing Policy 5. Assurance to cooperate on surveys for compliance. CHAPTER 11 - PURCHASE OF INSURANCE Any purchase of insurance by the Monroe County HaCC shall be treated as the purchase of a commodity and regulated the same. This includes the methods of solicitation for coverage: by selection from RFP's; by RFQ's; by sealed bids. All policies for insurance coverage and contracts for insurance service agencies shall be renewable yearly for a total of not to exceed three (3) years with BOCC review. CHAPTER 12-RECYCLED CONTENT PRODUCTS The OMB department shall on a continuing basis encourage the use of products and materials with recycled content. Preference shall be given to the procurement of recycled content products and materials when it can be determined that such purchases are cost effective, meet specifications required and are in the best interest of Monroe County. For the purposes of this section "recycled content" means materials that have been used, recycled and are contained in the products or materials to be procured as "post" recycled. CHAPTER13-SURPLUSITEMS All using county agencies shall submit to the Clerk to the BOCC's Property Clerk at such times and in such form as shall be prescribed, reports showing stocks of all tangible personal property which are no longer used or which have become obsolete, worn out or scrapped. 1. Transfer: The Director of OMB shall have the authority to transfer surplus stock and equipment to other using county agencies. 2. The Director of OMB shal! have authority to sell, trade or exchange all supplies and equipment of a value less than the limits proscribed under Chapter 274 FS ($500.00), which have become unsuitable for County use. Sales of Surplus Property equal to or in excess of the referenced statutory limits ($500.00) shall require prior approval of the BOCC. 3. Employees of Monroe County and their immediate families are expressly forbidden to bid on sales of surplus Monroe County property .(BOCC 93/77,2-10-93) CHAPTER 14-CENTRAL STORES The OMB Department shall, where economically feasible, maintain a complete inventory of stockpiled, consumable materials and supplies A. Purpose 1. Permit more effective control and consolidation of purchases; Page 20 OMB Revised 1/25/99 Monroe County Purchasing Policy 2. Permit advance procurement of certain items, frequently purchased in small quantities for immediate consumption, thus making these items readily available as issued; and B.- Requisitions from Central Stores The individual departments shall submit orders for inventory items on a requisition form. The request will be forwarded to the Purchasing Section. Page 21 OMB Revised 1/25/99 Monroe County Purchasing Policy -A- addendum ...... ..... ~... .... ............ ......... ... ... ............... .............. 7 Advertisement..................................................................... 6 Architecture.... ... ........ .......... ...... ............ ............................. 9 -8- Bid Addenda. ......... ..................... ............ ............................ 7 Bid Deposit................................................ .........................6 bid specifications....................................................... .........6 Bidder's List .................... ....................... ............................ 6 Blanket Purchase Agreement............................................ 18 Business cards ..................................................................16 -C- Competitive Selection....................................................... 10 computers .,. .............................................. ............. ........... 16 Contract Manager .............................................................15 Contract Review ...............................................................14 contracts.. ...... ............. ..... ..... ..... ........... ....... ..... ............... 4, 8 County Administrator ........ ....................... ........... ............... 3 CPI Computation.............................................................. 15 -D- DELEGATION OF AUTHORITY.....................................5 DESIGNIBUlLD CONTRACTS...................................... 10 direct negotiations ..............................................................9 Drug Free Workplace .........................................................8 -E- equal opportunity ...... .......... ..... ..... ........ .... ..... ...... ..... .......... 6 ethics clause......................................................................15 Exceptions. ...... ....... ......... ............... ...... ................. ........... 16 EXCLUSIONS .................................................................16 -G- GSA Contracts.................................................................. 17 -1- insurance.. ...... ................. ..... .......... ....... .... ........... ..... ........ 20 -L- Late bids ............................................................................. 9 legal services ....................................................................10 OMB Revised 1/25/99 low bidder .......................................................................... 4 -M- Monroe County Board of County Commissioners............. 3 -N- Non-Collusion................. ..... ........... ...... .... ...... ........... ........ 8 nonconfonning goods ...................................................... 19 Notice Inviting Bids ........................................................... 6 -0- OMB..................................................................................3 -p- piggyback.. ............................... ....................... ....... .......... 17 Procurement Policy Office................................................. 3 professional service.... ....................................... ..... ..... ....... 9 professional services ........................................................ 10 proposals ..... ................................. ...... ..... ........................... 6 Public Entity Crime Statement......................................... IS Public Notice. ..... ...... ...... ........... ..... ...... .............................. 7 public notices ..................................................................... 7 Purchasing Authority ......................................................... 5 -R- radio communications ...................................................... 16 recycled content ............................................................... 20 Rejection of Bids................................................................ 8 Request to Purchase ........................................................... 4 -S- sealed bids......... ...... ...... ........... .... ....... ..... .......................... 7 signature verification....... ........ ..... ..... ...... ........... ................ 5 software .......... ...... ........... ...... ........................... ................ 16 Sole Source ..................................................................5, 16 SURPLUS items .............................................................. 20 -T- telephone systems ............................................................ 16 Tie Bids.............................................................................. 8 travel................................................................................ 16 -w- Waiver of Irregularities ......................................................9 Page 22