Sec. 2-188. - Constitutional officers.
Sec. 2-189. - Duties and authority of the purchasing director.
Sec. 2-190. - Conflict of interest.
Sec. 2-191. - Adoption of purchasing policy.
Secs. 2-192—2-395. - Reserved.
There is hereby established the Collier County Purchasing Department in the administrative service of the county.
(Ord. No. 87-25, § 1)
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:
Artist means an individual or group of individuals who profess and practice a demonstrated creative talent and skill in the area of music, dance, drama, folk art, creative writing, painting, sculpture, photography, graphic arts, craft arts, industrial design, costume design, fashion design, motion pictures, television, radio, or tape and sound recording or in any other related field.
Commodity means any of the various supplies, materials, goods, merchandise, printing, equipment and other personal property purchased, leased or otherwise contracted for by the county and its agencies. "Commodity" also includes interest on deferred payment commodity contracts entered into by the county for the purchase of other commodities. However, commodities purchased for resale are excluded from this definition.
Contractual services means the rendering by a contractor of its time and effort rather than the furnishing of specific commodities. The term applies only to those services rendered by individuals and firms who are independent contractors; and such services may include but are not limited to evaluations; consultations; maintenance; accounting; security; management systems; management consulting; educational training programs; research and development studies or reports on the findings of consultants engaged thereunder; and professional, technical, and social services. "Contractual service" does not include:
(1)
Artistic services;
(2)
Academic program reviews or lectures by individuals;
(3)
Health services involving examination, diagnosis, treatment, prevention, medical consultation, or administration;
(4)
The acquisition of services from other governmental agencies and the performance of services in-house, other than those performed by an employee in an authorized position, wherein the rate of pay for the performance of such services does not exceed the rate of pay for an equivalent authorized position.
County administrator means the county administrator of the county, or his designee.
Extension means an increase in the time allowed for the contract period due to circumstances which, without fault of either party, make performance impracticable or impossible, or which prevent a new contract from being executed. Any increase in the total dollar amount of the contract for which an extension is granted shall be based on the method and rate previously established in the contract.
Invitation to bid means a written solicitation for sealed competitive bids with the title, date and hour of the public bid opening designated and specifically defining the commodity, group of commodities or services for which bids are sought. It includes instructions prescribing all conditions for bidding and shall be distributed to all prospective bidders simultaneously. The invitation to bid is used when the county is capable of specifically defining the scope of work for which a contractual service is required or when the county is capable of establishing precise specifications defining the actual commodity or group of commodities required.
Minority-owned firm or company means any legal entity, other than a joint venture, which is organized to engage in commercial transactions and which is at least 51 percent owned and controlled by minority persons. The term "minority person" means a member of a socially or economically disadvantaged group which, for the purposes of this section, includes Blacks not of Hispanic origin, Hispanics, American Indians, Alaska Natives, Pacific Islanders, women, and physically or mentally disabled persons. As used in this section, the term "physically or mentally disabled person" means a person who has a physical, mental or emotional impairment, defect, disease, ailment or disability of a permanent nature which in any way limits the type of employment for which the person would otherwise be qualified.
Professional services is 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.
(2)
Architecture and engineering services: Architecture, professional engineering, landscape architecture, or registered land survey services (as per F.S. § 287.055).
(3)
Audit and accounting services: Auditors and accountants.
(4)
Consultants: Planning, management or scientific advisors.
(5)
Financial services: Bond counsel, rating and underwriting, financial advisor, and investment services.
(6)
Legal services: Attorneys and legal professionals.
(7)
Medical services: Medicine, psychiatry, dental, hospital, and other health professionals.
Professional services obtained by or paid for by the county for the benefit of indigent clients shall be considered grants and not professional services.
Purchasing director or director is the purchasing director of the county.
Qualified bidder or qualified offeror means a person who has the capability in all respects to perform fully the contract requirement and has the integrity and reliability which will assure good-faith performance.
Renewal means contracting with the same contractor for an additional contract period after the initial contract period, only if pursuant to contract terms specifically providing for such renewal.
Request for proposals means a written solicitation for sealed proposals with the title, date and hour of the public opening designated. The request for proposals is used when the county is incapable of specifically defining the scope of work for which the commodity, group of commodities or contractual service is required and when the agency is requesting that a qualified offeror propose a commodity, group of commodities or contractual service to meet the specifications of the solicitation document. A request for proposals includes, but is not limited to, general information, applicable laws and rules, functional or general specifications, statement of work, proposal instructions, and evaluation criteria.
Responsive bidder or responsive offeror means a person who has submitted a bid which conforms in all material respects to the invitation to bid or request for proposals.
Using agency is any department, division, agency, commission, board, committee, authority or other unit under the direct or indirect control of the board of county commissioners using commodities or procuring services as provided for in this division.
(Ord. No. 87-25, § 2)
Cross reference— Definitions generally, § 1-2.
Sec. 2-188. - Constitutional officers.
Nothing contained in this article shall be construed as requiring the county's constitutional officers (clerk of the circuit court, property appraiser, sheriff, supervisor of elections and tax collector) to be covered by the provisions of this division. However, the services of the county purchasing department and purchasing director may be made available for their use.
(Ord. No. 87-25, § 3)
Sec. 2-189. - Duties and authority of the purchasing director.
The director shall have the authority to negotiate all purchases for all using agencies except as required by state, federal or local law.
(Ord. No. 87-25, § 4)
Sec. 2-190. - Conflict of interest.
No officer of the county shall contract with or have any business dealings with the county whereby they may derive income or benefits other than those provided as remuneration from the county for their employment. However, no officer or employee of the county shall be prohibited from purchasing, at public auction authorized by law or pursuant to procedures outlined in F.S. § 274.06, surplus property alternative procedures, used goods or materials from the county on the same basis as are all other members of the public. Sale of surplus goods or materials as outlined above shall be subject to the approval of the board of county commissioners prior to implementation. 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 to be needed for county business, provided that the consideration paid for such property does not exceed its fair market value.
(Ord. No. 87-25, § 5; Ord. No. 00-54, § 1, 9-12-00)
State law reference— Conflicting contractual relationships between public officers and employees and their employers, F.S. § 112.313(7).
Sec. 2-191. - Adoption of purchasing policy.
The Board of County Commissioners shall adopt by resolution the purchasing policy of the County. Said adopted policy shall have the full force and effect of law and shall be binding upon all County employees. The Board of County Commissioners may amend said purchasing policy by resolution approved by the Board of County Commissioners at regularly advertised Commission meetings.
(Ord. No. 87-25, § 6)