Sec. 2-91. - Short title.

This division shall be known as the Purchasing Ordinance of Pasco County, Florida.

(Code 1970, § 1-31; Ord. No. 92-06, § 1, 5-19-92)

Sec. 2-92. - Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Contractual services means and includes all telephone; gas; water; electric lights and power service; towel and cleaning services; lease and concession services; services involving demolition of buildings; rental, repair or maintenance of equipment, machinery and other county-owned properties; and other like services. The term "services" shall not include professional services which are unique in their nature and not subject to competition nor does it include insurance policies, insurance consultants or administrative services nor those services covered by the state Consultants' Competitive Negotiations Act (F.S. § 287.055). Professional services include but are not limited to attorneys, physicians, real estate appraisers, insurance consultants, insurance administrators, geologists, hydrogeotechnical consultants and certified public accountants.

Public works or improvements means and includes, but is not necessarily limited to construction contracts for: county-owned buildings; roads, highways, drainage; storm sewers; wastewater treatment plants; water treatment plants; water production facilities; utility lines; parks and recreational facilities; any and all facilities for the county's solid waste disposal and resource recovery system, including the operations thereof; and other public works and improvements of a similar nature.

Purchasing director or director is that person responsible for purchasing and procurement for the county as designated by the county administrator. If the county administrator makes no designation, the county administrator shall function as director.

Request for proposals means all documents, whether attached or incorporated by reference, utilized for soliciting proposals.

Responsible bidder means a person who has capability in all respects to perform fully the contract requirements and the tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment and credit which will ensure good-faith performance.

Responsive bidder means a person who has submitted a bid or quote which conforms in all material respects to the requirements set forth in the invitation for bids or request for quotes.

Supplies means and includes all supplies, materials and equipment.

Using agency means any department, division, agency, commission, board, committee, authority or other unit under the direct or indirect control of the board of county commissioners using supplies or procuring contractual services as provided in this division. Nothing contained in this division shall be construed as requiring the county's constitutional officers (clerk of the circuit court, property appraiser, sheriff, elections supervisor and tax collector) to be covered by this division. However, the services of the county purchasing department and purchasing director shall be made available for their use, at their option.

(Code 1970, § 1-33; Ord. No. 92-06, § 3, 5-19-92)

Cross reference— Definitions generally, § 1-2.

Sec. 2-93. - Purposes.

Purposes of this division are to:

(1)

Prescribe the manner in which the county shall control the purchase of materials, supplies, equipment and certain contractual services of the county;

(2)

Provide for the fair and equitable treatment of all persons involved in public purchasing by the county;

(3)

Maximize the purchasing value of public funds in such procurement;

(4)

Provide safeguards for maintaining a purchasing system of quality and integrity; and

(5)

Maintain a high ethical standard for all officers and employees of the county in connection therewith.

(Code 1970, § 1-32; Ord. No. 92-06, § 2, 5-19-92)

Sec. 2-94. - Responsibility for purchasing.

The purchasing director shall direct and supervise all purchasing for the county as provided in this division.

(Code 1970, § 1-34; Ord. No. 92-06, § 4, 5-19-92)

Sec. 2-95. - Purchasing director.

(a)

Appointment. The purchasing director shall be appointed by the county administrator in accordance with personnel policies and laws in effect.

(b)

Powers and duties. The director shall direct and supervise all county purchasing functions provided for in this division, shall perform all duties required by law and shall have the powers and duties prescribed by this division. The director may appoint a designee or designees to perform any of the director's powers and duties set out in this division.

(c)

Scope of purchasing authority. The director shall have the following powers and duties:

(1)

Purchase or contract. The director shall perform the duties specified in this division in connection with the purchase or contract for all materials, supplies, equipment and contractual services needed by any using agency which derives its support wholly or in part from the county, when duly authorized, in accordance with purchasing procedures as prescribed by this division and such rules and regulations as may be adopted for the internal management and operation of purchasing by the county as shall be prescribed by the county administrator or his designee. The term "contract" also means purchase orders and agreements utilized by the county to bind the parties to a specific purchase.

(2)

Exceptions prohibited. The authority of the director to negotiate all purchases for all using agencies shall not be abridged, except as required by law.

(3)

Public improvement contracts. All contracts involving public construction and improvements shall be approved by the board of county commissioners and shall adhere to either the formal bid and contract procedures contained in this division or the alternative procedure set forth in this division for public works and improvements.

(d)

Other powers and duties. In addition to any other powers and duties conferred by this division, the director shall:

(1)

Minimum expenditure. Act to procure for the county the highest quality supplies and contractual services meeting the needs of the county in a cost-efficient manner, while protecting the county's interest in procuring quality supplies and contractual services.

(2)

Encourage competition. Endeavor to obtain as full and open competition as possible on all purchases and sales.

(3)

Regulations. Establish and amend when necessary operational regulations for standards concerning purchasing requisition; purchase orders; field purchase orders; emergency orders; invoices; receiving; surplus and obsolete property; central stores; quotations and bids; and other matters concerning purchasing which are instrumental to the implementation of the purchasing procedures provided by this division. The regulations shall become effective only when approved in writing by the county administrator. Copies of the regulations shall be on file in the office of the director.

(4)

Purchasing analysis. Keep informed of current developments in the field of purchasing, prices, market conditions and new products and secure for the county the benefits of research conducted in the field of purchasing by other governmental jurisdictions, national technical societies, trade associations having national recognition and private businesses and organizations.

(5)

Purchasing manual. Prescribe and maintain a standard purchasing manual for all using agencies.

(6)

Forms. Prescribe and maintain such forms as shall be found reasonably necessary to the operation of this division.

(7)

Standard nomenclature. Prepare and adopt a standard purchasing nomenclature for using agencies and suppliers.

(8)

Vendors catalog file. Maintain a catalog file. The catalogs shall be filed according to materials offered.

(9)

Bulk purchases. Exploit the possibilities of buying in bulk to take full advantage of discounts.

(10)

Tax exemptions. Act to procure for the county all tax exemptions to which it is entitled.

(11)

Cooperation. Cooperate with using agencies to secure for the county the maximum efficiency in budgeting and accounting.

(12)

Disqualification of bidders. Have the responsibility to ascertain the identity of all vendors who default their quotations or bids to the county and to make no purchases from such vendors for a period of up to three years unless this prohibition is expressly waived by the board of county commissioners.

(Code 1970, § 1-35; Ord. No. 92-06, § 5, 5-19-92; Ord. No. 96-02, § 2, 1-9-96; Ord. No. 00-11, § 1, 7-25-00)

Sec. 2-96. - Standardization, cooperative purchasing and governmental contracts.

(a)

Where standardization is determined to be desireable by the purchasing director, the purchase of materials, supplies and equipment and certain contractual services may be by negotiation with the written approval of the county administrator.

(b)

The director shall have the authority to join with other units of governments in cooperative purchasing ventures when the best interest of the county would be served thereby and such cooperative purchasing is in accordance with the county and state law.

(c)

Section 2-122 shall not apply to established state contracts or federal General Services Administration contracts. Purchases in any amount may be made against those contracts, provided they are in the best interest of the county and approved as set forth in section 2-125

(Code 1970, § 1-46; Ord. No. 92-06, § 16, 5-19-92)

Sec. 2-97. - Inspection and testing.

(a)

Generally. The purchasing director shall inspect or supervise the inspection or cause to be inspected all deliveries of supplies or contractual services to determine their conformance with the specifications set forth in the order or contract.

(b)

Inspection by using agency. The director shall have the authority to authorize using agencies having the staff and facilities for adequate inspection to inspect all deliveries made to such using agencies under rules and regulations which the director shall prescribe.

(c)

Tests. The director shall have the authority to require chemical and physical tests of samples submitted with bids and samples of deliveries which are necessary to determine their quality and conformance with the specifications. In the performance of such tests, the director shall have the authority to make use of laboratory facilities of any agency of the county or of any outside laboratory without the approval of the county administrator or board of county commissioners.

(Code 1970, § 1-54; Ord. No. 92-06, § 24, 5-19-92)

Sec. 2-98. - Surplus stock.

(a)

Report of surplus stock. Pursuant to F.S> ch. 274, as amended, all agencies under this division shall submit to the purchasing director, at such times and in such form as shall be prescribed, reports showing stocks of all supplies which are no longer used or which have become obsolete, worn out or scrapped.

(b)

Transfer. The director shall have the authority to transfer surplus stock to other using agencies.

(c)

Sale. The director shall have authority to sell all supplies of a value less than $5,000.00, which have become unsuitable for county use, or to exchange the supplies for or trade in the supplies on new supplies. Sales under this section shall be made to the highest responsive, responsible bidder and in conformance with state law and competitive conditions. Sales in excess of $5,000.00 shall require approval of the board of county commissioners. All sales of personal property, except trade-in personal property, which property has become obsolete and unusable, shall be accomplished by sale to the highest responsive and responsible bidder or by public auction, after due notice inviting bids has been published as required by law.

(Code 1970, § 1-55; Ord. No. 92-06, § 25, 5-19-92; Ord. No. 96-02, § 3, 1-9-96; Ord. No. 00-11, § 2, 7-25-00)

Sec. 2-99. - Central stores.

(a)

Control and supervision. The purchasing director shall control and supervise central stores and shall administer the central stores.

(b)

Accounting procedure. Requisitions for supplies in central stores shall be credited by the director to central stores revolving fund by a charge against the appropriation of the using agency.

(c)

Inventory. The director shall maintain a perpetual inventory record of all materials, supplies or equipment stored in central stores.

(Code 1970, § 1-56; Ord. No. 92-06, § 26, 5-19-92)

Sec. 2-100. - Price agreement contract procedure.

The head of the using agency shall have the authority to submit requisitions to the purchasing director for supplies available under the terms of a price agreement contract entered in accordance with this division.

(Code 1970, § 1-57; Ord. No. 92-06, § 27, 5-19-92)

Sec. 2-101. - Unauthorized purchases.

(a)

Generally. It shall be unlawful for any county commissioner or employee to order the purchase of any materials, supplies, equipment and contractual services or make any contract within the purview of this division other than through the purchasing director, unless otherwise authorized in this section, and any purchase, order or contract made contrary to this division shall not be approved and the county shall not be bound thereby.

(b)

Exceptions prohibited. There shall be no exception by any using agency under the board of county commissioners to subsection (a) of this section, except as may be specifically authorized by the county administrator, in writing, stating the reasons for the exception.

(c)

Emergency. This section shall not apply to any emergency purchase which is subsequently approved by the director or county administrator upon justification by the using agency.

(Code 1970, § 1-48; Ord. No. 92-06, § 18, 5-19-92)

Sec. 2-102. - Subdividing contract or purchase.

No contract or purchase shall be subdivided to avoid the requirements of this article.

(Code 1970, § 1-49; Ord. No. 92-06, § 19, 5-19-92)

Sec. 2-103. - Conflict of interest.

No county employee shall contract with or have any business dealings with the county whereby he may derive income or benefits other than those provided as remuneration from the county for his employment. However, no county employee or officer shall be prohibited from purchasing, at public auction authorized by law, used goods or materials from the county on the same basis as are all members of the public, provided that the employee or officer was not involved in the process of declaring property to be surplus. Further, the county may purchase from any employee or officer any real or personal property owned by such officer or employee which it is determined at any regular public meeting to be needed for county business, provided that no other source of such real or personal property is available and provided further that the consideration paid for such property does not exceed its market value.

(Code 1970, § 1-37; Ord. No. 92-06, § 7, 5-19-92)

Sec. 2-104. - Requisitions and estimates.

(a)

Filing of requirements. All using agencies, either by or with the authorization of the head of the department under which the using agency operates, shall file with the purchasing director detailed requisitions of their requirements in supplies and contractual services in such manner, at such times and for such future period as the director shall require.

(b)

Unforseen requirements. A using agency shall not be prevented from filing in the same manner with the director at any time a requisition or estimate for any supplies and contractual services, the need for which was not foreseen when the detailed estimates were filed.

(Code 1970, § 1-36; Ord. No. 92-06, § 6, 5-19-92)

Sec. 2-105. - Encumbrance of funds.

Except in an emergency, as defined under section 2-107, the purchasing director shall not issue any order for delivery on a contract or open market purchase until the office of the clerk of the circuit court shall have certified, after preaudit, that there is to the credit of the using agency concerned a sufficient unencumbered appropriation balance in excess of all unpaid obligations to defray the amount of such order.

(Code 1970, § 1-38; Ord. No. 92-06, § 8, 5-19-92)

Sec. 2-106. - Performance and payment bonds.

A contractor or vendor under this division shall provide a corporate surety bond from a surety company authorized to do business in the state to guarantee the full and faithful performance of his contract obligations and the payment of labor and material expended pursuant to the contract whenever and in amounts as required under state law. Nothing in this section shall preclude alternative methods of security authorized under state law. All such bonds shall be approved as to form by the risk manager and filed with the clerk to the board of county commissioners. If no surety bond is required under state law, the director shall have the discretion to require a surety bond in an amount sufficient to protect the county.

(Code 1970, § 1-47; Ord. No. 92-06, § 17, 5-19-92)

Sec. 2-107. - Emergency purchases.

(a)

Authority. In an apparent emergency which requires immediate purchase of supplies or contractual service, of which is not expected to exceed $15,000.00, the purchasing director shall have the authority to secure, by open market procedure as set forth in this division at the lowest obtainable price, any supplies or contractual services necessary to alleviate the immediate emergency. In an apparent emergency which requires immediate purchase of supplies or contractual service, the county administrator or his designee shall be empowered to secure, by open market procedure as set forth in this division, at the lowest obtainable price, any supplies or contractual services, the price of which do not exceed $100,000.00 total, which are necessary to alleviate the immediate emergency. The county administrator or his designee shall have the authority to act in any emergency that might affect the health, safety and welfare of the county. Such action, if the purchase(s) exceeds $50,000.00, shall be reported at the next regularly scheduled meeting of the board of county commissioners, if possible, but no later than the second regularly scheduled meeting of the board of county commissioners following the date of the emergency purchase.

(b)

Disaster preparedness. In a potential disaster, the county administrator may give the purchasing director unequivocal authority to bypass the purchasing procedures in this division to seek items required for a disaster at maximum competition. Awards for the supply of foods, goods and services made in contemplation and preparation for the occurrence of a natural or manmade disaster or of civil unrest, where availability rather than price is the controlling factor, are exempt from this division.

(c)

Emergency procedure. The director, pursuant to section 2-95(d)(3), shall prescribe by regulation the procedure under which emergency purchases by heads of using agencies may be made.

(Code 1970, § 1-52; Ord. No. 92-06, § 22, 5-19-92; Ord. No. 00-11, § 3, 7-25-00; Ord. No. 10-03, § 2, 2-24-10)

Sec. 2-108. - Alternative procedure for public works, utilities, solid waste and improvements.

Unless otherwise precluded by state or federal law, construction contracts for public works, utilities and improvements, including operations or service agreements for the county's solid waste disposal and resource recovery program, may be awarded by the board of county commissioners in accordance with the following procedures in lieu of utilizing the formal contract procedures set forth in this division:

(1)

Solicitation of competitive proposals or bids. Upon authorization from the board of county commissioners, the county administrator may solicit competitive proposals or bids for the construction of public works and improvements based upon request for proposals or invitation for bids prepared by or on behalf of the county outlining the nature and scope of the particular public works or improvement. The purchasing director shall maintain an accurate record of all proposals or bids received pursuant to the county's request for proposals or invitation for bids. All such competitive proposals or bids shall be sealed and delivered on or before the time specified in the county's request or invitation.

(2)

Negotiations. Upon receipt of the competitive proposals or bids in accordance with the procedures in subsection (1) of this section, the board of county commissioners may accept the lowest and best proposal or bid or authorize the county administrator to conduct further negotiations with any or all of the vendors submitting competitive proposals or bids. The board of county commissioners may require that negotiations are conducted based upon a priority ranking of vendors or simultaneously with those vendors approved by the board of county commissioners to participate in negotiations. Upon authorization from the board of county commissioners, the county administrator or his designee shall conduct negotiations with vendors authorized by the board of county commissioners to participate in such negotiations in order to determine whether the public works or improvements may be acquired at a price lower than the lowest proposal or bid received or upon terms more advantageous to the county than those set forth within the county's request for proposal or invitation for bids. If such negotiations are commenced, the following guidelines shall apply:

a.

A record of any change in specification requirements as a result of negotiation shall be maintained.

b.

A record of all negotiated prices lower than the lowest proposal or bid price shall be maintained.

c.

A negotiated price which is higher than the lowest and best proposal or bid obtained in the competitive proposal or bid process shall not be accepted unless the board of county commissioners determines additional advantageous terms and conditions of the negotiated price outweigh any price differential.

d.

The lowest responsive and responsible proposal or bid or negotiated price with the most advantageous terms shall be reduced to a written offer and submitted to the board of county commissioners for consideration of award.

(3)

Award. Upon receipt of the lowest responsive and responsible proposal/bid or negotiable price, the board of county commissioners shall determine the award for the public works or improvement project and execute a formal written agreement containing the specific terms and conditions of construction. The board of county commissioners specifically reserves the right to reject any and all proposals/bids, negotiated prices or other formal offers submitted to the county. In any event, the board of county commissioners shall not be required to make the award to the vendor with the lowest proposal/bid or negotiated price, but shall determine, in its own discretion, the lowest responsible proposal/bid or negotiated price which is most favorable to the county.

(Code 1970, § 1-53; Ord. No. 92-06, § 23, 5-19-92; Ord. No. 00-11, §§ 4—6, 7-25-00)

Sec. 2-109. - Competitive sealed proposals.

(a)

When the purchasing director determines, in writing, that the use of competitive sealed bidding under this division is either not practicable or not advantageous to the county, the contract may be entered into by use of the competitive sealed proposals method.

(b)

Proposals shall be solicited through a request for proposals.

(c)

Adequate public notice of the request for proposals shall be given in the same manner as provided for competitive sealed bidding.

(d)

A register of proposals shall be prepared containing the name of each offeror, the number of modifications received, if any, and a description sufficient to identify the item offered.

(e)

Request for proposals shall state the relative importance of price and other evaluation factors.

(f)

As provided in the request for proposals, discussions may be conducted with responsible offerors who submit proposals determined to be reasonably susceptible of being selected for award for the purpose of clarification to ensure full understanding of and conformance to the solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals and such revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers.

(g)

Awards shall be made to the responsible offeror whose proposal is determined in writing to be the most advantageous to the county, taking into consideration price and the evaluation factors set forth in the request for proposals. No other factors or criteria shall be used in the evaluation. The contract file shall contain the basis on which the award is made.

(Code 1970, § 1-44; Ord. No. 92-06, § 14, 5-19-92; Ord. No. 00-11, § 7, 7-25-00)

Sec. 2-110. - Sole source procurement.

A contract may be awarded without competition when the purchasing director determines in writing, after conducting a good faith review of available sources, that there is only one source of the required supply or contractual service. The purchasing director shall conduct negotiations, as appropriate, as to price, delivery and terms.

(Code 1970, § 1-45; Ord. No. 92-06, § 15, 5-19-92; Ord. No. 96-02, § 5, 1-9-96)

Sec. 2-111. - Open market procedures.

(a)

Generally. All purchases of supplies and contractual services of a total estimated value of less than $25,000.00 may be made in the open market without newspaper advertisement and without observing the procedure prescribed by this division for formal purchasing or sales procedures.

(b)

Minimum number of quotes. All open market purchases in excess of $2,500.00 and less than $25,000.00 shall, whenever possible, require at least three businesses be solicited to submit quotations. All open market purchases of $2,500.00 or less shall not require three businesses be solicited to submit quotations. wherever practical or advantageous, the purchasing director may require quotes be solicited from at least three businesses. Award shall be made to the lowest, responsive, responsible vendor in accordance with the standards set forth in this division.

(c)

Invitation for quotes. The director may solicit either oral or written quotes for open market purchases, but shall use all reasonably available and current vendors and suppliers' lists. All quotes in excess of $1,000.00 shall, whenever possible, be confirmed in writing.

(d)

Public record. The director shall keep a record of all open market quotes submitted in competition thereon and such records shall be open to public inspection.

(e)

Field purchase orders. Field purchase orders for certain purchases, with the approval of the director, may be used by the departments for immediate need of supplies, materials and contractual services not to exceed the maximum value of $50.00, provided that the purchasing director, with the approval of the county administrator, may establish a maximum amount for use of field purchase orders less than $50.00. All purchases in the open market in excess of the amount established shall be in accordance with subsection (b) of this section.

(f)

Waiver of requesting quotes. The requirements for requesting quotes or bids from three or more sources are waived for the purchase of library books, education and personnel tests, textbooks, printed instructional materials, films, filmstrips, videotapes, disc or tape recordings or similar audiovisual materials and for reference books, periodicals and printed library cards where such materials are purchased directly from the producer, publisher or authorized distributor, the owner of the copyright or patent, an exclusive agent within the state, a governmental agency or a recognized educational institution, provided they are in the best interest of the county and approved as set forth in section 2-125

(Code 1970, § 1-50; Ord. No. 92-06, § 20, 5-19-92; Ord. No. 96-02, § 6, 1-9-96; Ord. No. 00-11, §§ 8—10, 7-25-00)

Sec. 2-112. - Miscellaneous exemptions.

(a)

A contract for materials or services may be awarded without competition if the purchasing director determines in writing that one or more of the following conditions exist:

(1)

There exists only one responsible source;

(2)

Although there exists more than one responsible source, a competitive process cannot reasonably be used or, if used, will result in a substantially higher cost to the county, will otherwise injure the county's financial interests or will substantially impede the county's administrative functions or the delivery of services to the public;

(3)

A particular material or service is required to maintain interchangeability or compatibility as a part of an existing integrated system;

(4)

A particular material or service is required in order to standardize or maintain standardization for the purpose of reducing financial investment or simplifying administration;

(5)

The material is perishable;

(6)

The material qualifies as an object of fine art;

(7)

A particular material is required to match materials in use, so as to produce visual harmony;

(8)

A particular material is prescribed by a professional advisor or consultant;

(9)

A particular material is required to enable use by a specific individual; or

(10)

The material or service is the subject of a change order.

(b)

The purchasing director shall have the authority to approve all procurement under this subdivision if the amount is $15,000.00 or less. The county administrator, or his designee, shall have the authority to approve all procurement under this subdivision, if the amount is less than $25,000.00. The board of county commissioners shall approve all procurement under this subdivision if the amount is greater than $25,000.00. The board of county commissioners shall have the authority to approve all procurement under this subdivision under all circumstances.

(Ord. No. 00-11, § 11, 7-25-00)

Secs. 2-113—2-120. - Reserved.