PAGE NO. ^^ MINUTE BOOK NO. Sz^Z. RESOLUTION R-01-36 ...€¦ · rgcorqgd a^if^l page no. _____^^...

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MINUTE BOOK NO. __Sz^Z.

RESOLUTION R-01-36

A RESOLUTION OF THE BOARD OF COUNTY

COMMISSIONERS OF MANATEE COUNTY FLORIDA

PROVIDING POLICIES TO IMPLEMENT ORDINANCE 99-

37, THE PURCHASING ORDINANCE; AND PROVIDING

THE POLICIES WITH RESPECT TO SOURCE SELECTION

AND TRANSACTION AND CONTRACT REQUIREMENTS;

ESTABLISHING MINIMUM CONDITIONS REQUIRED FOR

SOURCE SELECTION BASED UPON EXPENDITURES;

PROVIDING FOR MINIMUM REQUIREMENTS FOR

TRANSACTIONS AND CONTRACTS FOR THE

ACQUISITION OF GOODS AND SERVICES; PROVIDING

FOR DELEGATION OF AUTHORITY TO COMPLETE

SPECIFIED TRANSACTIONS AND ENTER INTO CERTAIN

CONTRACTS; PROVIDING FOR THE DEVELOPMENT OF

ADMINISTRATIVE RULES AND PROCEDURES; AND

PROVIDING AN EFFECTIVE DATE.

WHEREAS, Manatee County Ordinance 99-37 establishes for legal parameters for

solicitations and contracts for the procurement of goods, services, the acquisition of real property

and construction by the County; and

WHEREAS, Section 4-101 provide for the adoption of policies governing a selection of

sources by the Board of County Commissioners; and

WHEREAS, Sections 4-105 and 4-106 provide for the adoption of policies pertaining to the

types of contracts and the administration of contracts; and

WHEREAS, the Board of County Commissioners of Manatee County, Florida have

determined that it is necessary and in the best interest of the County to adopt policies that will

provide for delegation of authority to acquire the goods and services required to serve the needs of

the County and County Government in an efficient and timely manner.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY

COMMISSIONERS OF MANATEE COUNTY, FLORIDA, as follows:

1. The purchasing polices attached hereto as Exhibit" 1" are hereby adopted.

2. Exceptions to the policies provided herein or contracts or transactions not covered

by the policies provided herein may be authorized or approved by the Board of County

Commissioners.

^ZMi

3. This Resolution shall take effect upon approval of written rules, procedures, policies

and instructions by the County Administrator and the Clerk of the Circuit Court. The policies

provided in Ordinance 84-02 which were retained as policies of the Board until replaced by the

policies covering the topics provided for therein, pursuant to Section 11-102 of Ordinance 99-37,

shall continue in effect until such approval has been provided.

/ ^

^/ ADOPTED with a quorum present and voting this the (^ day of-^^^L^ 2001.

0

BOARD OF COUNTY COMMISSIONERS

OF MANATEE COUNTY, FLORIDA

^ ^ m

'cJ^

,,M»1'""»1,,,

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ATTEST: R.B. SHORE ^°-- ••%^

i^ SEAL m

[y Chairman

is." m •i,0., ,3- .•<•?? ^••.Y ^.'S

\ •^IEE^' ^

/L^Lt^^'/^Yh^^ ^"^..^

Clerk of the Circuit Court

2

MANATEE COUNTY GOVERNMENT PURCHASING

POLICIES IMPLEMENTING ORDINANCE 99-37

Section 1 Purpose, Intent, General Provisions

Section 2 Definitions

Section 3 Authority and Delegation of Authority

A. Source Selection

B. Transactions and Contracts

Section 4 Source Selection Methods/Competition

A. Category One

B. Category Two

C. Category Three

D. Category Five

(1) Bidding

(2) Proposals

E. Exceptions, Limitations and Additional Requirements

Section 5

Section 6

Transactions, Contracts: Formation & Style

A. Minimum Requirements

(1) Category One and Category Two

(2) Category Three and Category Four

(3) Category Five

Types of Contracts B.

C.

(1) Multi Term Contracts

(a) Specified Period

(b) Determination Prior to Use

(c) Cancellation Due to Unavailability of Funds in

Succeeding Fiscal Periods

(2) Multiple Source Contracting

(a) General

(b) Limitations on Use

(c) Contract and Solicitation Provisions

(d) Intent to Use

(e) Determination Required

General Requirements for Transactions and Contracts

Administrative Rules and Procedures

A. General

B. Contract Administration

C. Records

Exhibit 1 - Adopted pursuant to Resolution R-01-36

February ^2001

Page 1 of 16



Section 1 Purpose, Intent, General Provisions

A. Purpose & Intent: In addition to the purposes set forth in Ordinance 99-37, the Purpose of

these policies is to provide policies that enhance efficiency and productivity in the use of

public funds and the delivery of services to the public.

B. General Provisions:

(1) The solicitation and contracting authority provided herein requires strict compliance

with each and every requirement of the policies established in this resolution,

additional policies adopted by the Board of County Commissioners and any

applicable provisions of state or federal law as well as requirements imposed by the

County Administrator.

(2) The policies provided in this part do not apply to the exceptions provided in

Ordinance 99-37 or to the following:

(a) Any purchase or lease purchase that is a financing arrangement.

(b) The acquisition of professional architectural engineering, landscape

architectural or surveying and mapping services governed by Section

287.055, Florida Statutes.

(c) Any contract for construction, except repairs and remodeling, where total

project costs do not exceed $100,000.00

(d) Purchases otherwise governed by County Ordinance or State law.

(3) The CEO as defined herein, or the designee of the CEO shall be responsible for

initial development of all plans and specifications and final review and approval of

the specifications and terms and conditions related thereto.

(4) The availability of funds shall be confirmed prior to any transaction or execution of

any contract.

(5) No contract shall be signed or transaction authorized for an amount in excess of

Category Two or for any purchase pursuant to an RFQ, RFP or IFB until the source

selected has been announced and the time for filing an appeal has run.

(6) No contracts for Category One, Category Two or Category Three purchases shall be

permitted where the goods and services are available under a contract that has been

Page 2 of 16



entered into pursuant to the requirements established for Category Four or Category

Five contracts.

(7) The Purchasing Director shall conduct periodic reviews of the County's purchasing

records in all categories.

(a) Where recurring purchases from all sources result in a significant

expenditure, consideration shall be given to acquiring such goods and

services under a master or term agreement. When goods and services are

available under a master or term agreement or through a central source such

as Central Stores, knowingly purchasing such goods and services from other

sources shall not be permitted except under limited circumstances as

provided by rules and procedures adopted pursuant to this Resolution.

(b) The Purchasing Director shall advise the CEO of misuse, inappropriate use

or purchasing activities that are inconsistent with the purpose and intent

under the delegated authority provided in the Board's policies and any other

requirement. The CEO may provide further instruction, limit or restrict any

delegated authority, provide for the assignment of purchasing authority to

other personnel, or take such other actions as may be authorized under the

County's personnel policies.

(8) Nothing herein shall limit the authority of the Board to approve any solicitation or

contract otherwise in compliance with any requirements of law.

Section 2 - Definitions

Unless otherwise provided herein, the definitions set forth in Ordinance 99-37 shall apply to these

policies.

A. Chief Executive Officer or CEO: As used herein. Chief Executive Officer shall refer to the

highest official working under the Board of County Commissioners or other governing body

when these policies are used by any governmental unit other than the Board of County

Commissioners. Example: The County Attorney would be considered the Chief Executive

Officer for the County Attorney's Office; the County Administrator is the Chief Executive

Officer of the departments under the Board of County Commissioners; the Port Director is

the Chief Executive Officer of the Port; Chief Executive Officer shall also mean any

independent office such as a county constitutional officer. Chief Executive Officer shall also

include the person designated to act in the absence of the CEO.

Page 3 of 16



B. Category or Purchasing Category: Category or Purchasing Category means purchases not

exceeding the amount established for the specific category. The following categories are

hereby created:

Category One: Under $5,000.00

Category Two: $5,000.01 to $25,000.00

Category Three: $25,000.01 to $50,000.00

Category Four: $50,000.01 to $100,000.00

Category Five: Over $100,000.01

Section 3: Authority and Delegation of Authority

A. Source Selection: The selection of a source for goods, services or a combination thereof, if

covered under Ordinance 99-37, and if not within an exception provided herein, shall comply

with and meet the minimum conditions provided in this section. The Purchasing Director

may recommend and the CEO may require that a specific purchase or purchases of a specific

nature comply with the standards set for a higher purchasing category.

(1) Category One: The chief executive officer or his designees, shall determine, based

upon cost, need, time available, and familiarity with the market for the goods or

services to be acquired, whether competition is required for any purchase under

$1,000.00. Notation of three price quotations for purchases over $1,000.00 is

required.

(2) Category Two: For category two purchases, three written price quotations must be

obtained and the source selected or approved by the purchasing director or his

designee. The Purchasing Director may provide written conditions for advanced

approval.

(3) Category Three: For category three purchases, source selection shall be made after

obtaining three written price quotations and approved by the purchasing director.

The written price quotations shall be obtained pursuant to written request for

quotations under direction of the Purchasing Director.

(4) Category Four and Category Five: Source selection shall be made pursuant to a

written invitation for bids or request for proposals.

Page 4 of 16



B. Transactions and Contracts: This section provides for the delegation of authority to enter

into contracts or complete transactions provided all other requirements of law. County

Policies and administrative rules and procedures have been followed. The delegation of

authority from the CEO shall not exceed the limitations provided in these policies but can

be more limited and include additional restrictions.

(1) Category One: The CEO may delegate authority to make purchases within this

category to key employees and provide rules and procedures for the delegation of

portions of this authority to additional employees where such key employee

determines that the delegation is required. The delegation, and additional delegations

of authority may be more limited than herein provided with respect to both source

selection and form of contract or transaction that is permitted.

(2) Category Two: The CEO may delegate all or a portion of the authority to make

purchases and enter into contracts within the maximum amount for Category 2

Selected Key Personnel.

(3) Category Three and Category Four: The CEO may delegate authority to the

Purchasing Director to make purchases and sign contracts on behalf of the County

for purchases not exceeding the maximum amount established for Category Four.

(4) Category Five: All contracts for the purchase of goods, services or a combination

thereof over the maximum amount for Category five must be explicitly authorized

by motion or resolution of the Board of the County Commissioners.

Section 4; Source Selection Methods/Comparison/Minimum Requirements

A. Category One: For purchases in Category One notation of price quotations, which may

include verbal quotations or prices otherwise observed, shall be documented by a brief

statement signed by the employee receiving or observing the quotation with a brief

description of the goods or services, the source and the date.

B. Category Two: Written price quotations as required for Category Two shall mean published

prices found in any media from which a hard copy can be retained, including but not limited

to price lists, advertisements, the internet and original, faxed or e-mail communications and

include a brief description of the goods or services and the price.

C. Category Three: Purchases in Category Three shall be by Requests for Quotations (RFQ).

Each RFQ, at a minimum shall clearly state the County's requirements, and basis for

Page 5 of 16


i POLICIES IMPLEMENTING ORDINANCE 99-37

selection of a source. If requested, the matter of terms, delivery, pricing and other options

may be considered. The quantity of responses to the RFQ shall meet the minimum

requirements for theSategory of purchase undertaken. In the absence of a sufficient number

of responses, the file wHI include a description of the steps taken to secure competition and

with the approval of the Purchasing Director the purchase may be made.

Category Four and Category Five: Purchases within Category Four and Category Five

shall comply with either the Biclding or Proposal requirements provided herein.

(1) Bidding: Solicitations shall be titled an Invitation for Bids (IFB). This document

shall include specifications^land all contractual terms and conditions applicable to the

procurement. \

(a) Public Notice: Public notice of the invitation for bids shall be given not less

than five (5) business Slays for purchases in Category Three or lower (if

bidding is followed for Category Three or lower), and ten (10) calendar days

for purchases, in Categorytfour and higher, prior to the date set forth in the

notice for the opening of ©ids. Such notice may be given by mail, the

Internet, or by publication in aoiewspaper of general circulation in the County

or other appropriate media. Tnfe notice shall include the place, date, time and

method for obtaining bid information and the planned date of bid opening.

(b) Bid Opening: Bids shall be opened publicly in the presence of one or more

witnesses at the time and place designated in the invitation for bids or any

addenda to the IFB. The amount of each bid and such other relevant

information as the Purchasing Direcror deems appropriate, together with the

name of each bidder, shall be recorded.

(c) Bid Evaluation: Bids shall be evaluates based on the requirements set forth

in the invitation for bids, which may include criteria to determine

acceptability such as inspection, testing, qtiality, workmanship, delivery, and

suitability for a particular purpose. The criteria that will affect the bid price

shall be quantitatively measurable. The RJT shall include any additional

criterial that shall be used in the evaluation ©fan invitation for bids and the

relative importance of such criteria as it rerates to the price criteria. No

criteria may be used in bid evaluation that was^iot set forth in the IFB.

(d) Withdrawal of Bids: Cancellation of Awards: Misiiakes discovered before bid

opening, may be withdrawn by written notice^received in the office

designated in the invitation for bids prior to tune se^for bid opening.

Page 6 of 16



After the bid opening or award of bid, but before a contract is signed, a low

bidder alleging a material mistake of fact may be permitted to withdraw his

bid if:

(i) the mistake is clearly evident on the face of the bid document;

or

(ii) the bidder submits evidence which clearly and convincingly

demonstrates that a mistake was made.

(e) All decisions to permit the correction or withdrawal of bids, or to cancel

awards or contracts based on bid mistakes, shall be supported by a written

determination made by the Purchasing Director or a designee of the

Purchasing Director.

(f) Award: Except as provided under Tie Bids, the contract shall be awarded

with reasonable promptness by appropriate written notice to the bidder whose

bid is determined to be the best bid, meeting the requirements and criteria set

forth in the DFB.

(g) Tie Bids - Preference to Local Business: Except where federal or state law

mandates to the contrary, determination of award of tie bids shall be as

follows:

(i) Whenever two or more bids which are equal with respect to price,

quality, and service are received, a bid received from a local business

shall be given preference in award. Whenever two or more bids

which are equal with respect to price, quality and service are received,

and both bids or neither of these bids are received from a local

business, the award shall be determined by a chance drawing

conducted by the Purchasing Office and open to the public.

(ii) Nothing herein shall be deemed to prohibit the inclusion of

requirements with respect to operating and maintaining a local place

of business in anyEFB when the bidder's location materially affects

the provision of the services or supplies that are required by the

invitation.

(iii) Local business is defined as a business duly licensed and authorized

to engage in the sale of goods and/or services to be procured, which

Page 7 of 16


POLICES IMPLEMENTING ORDINANCE 99-37

has a place of business in Manatee County with full-time employees

at that location.

(h) When the Award of an Invitation for Bids is Delayed: When award of an IFB

is not made within the time established in the IFB all bids may be withdrawn.

The Purchasing Director may offer to contract to the lowest bidder whose

price is not withdrawn and when the Purchasing Director and CEO determine

it is appropriate, offer an increase in the prices based on criteria such as the

CPI, appropriate Federal Price Indexes or other similar data.

(2) Proposals: Solicitations shall be titled Requests for Proposals (RFP). This document

shall include all criteria for evaluating the proposal and proposer and selecting or

ranking proposals for further consideration or negotiations.

(a) Conditions for Use: When the Purchasing Director determines that the use of

competitive sealed bidding is either not practicable or not advantageous to the

County, a contract may be entered into by use of an RFP.

(b) Public Notice: Public notice of the RFP shall be given in the manner provided

for IFB's.

(c) Receipt of Proposals: No proposals shall be opened until the time designated

in the public notice of the RFP. A register of proposals shall be prepared

containing the name of each respondent and the number of sealed proposals

received.

(d) Evaluation Factors: The request for proposals shall state the relative

importance of price and other evaluation factors.

(e) Discussion with Selected Proposers: As provided in the RFP, discussions and

investigations may be conducted with selected proposers who submit

proposals determined to be reasonably susceptible of being ranked for further

consideration, for the purpose of clarification, and to assure full

understanding of the proposal and the capabilities of the proposer.

(f) Rights of County: The County shall have the right, at any time, to accept or

reject any or all proposals (with or without cause), to waive irregularities and

technicalities, to request resubmission, or to terminate the Request for

Proposals process. Any sole response received by the first submission date

may or may not be rejected by the County, depending on available

competition and the needs of the County. The County shall be the sole judge

Page 8 of 16



of all proposals and its decisions shall be final. Also, the County shall

reserve the right to make such investigation as it deems necessary to

determine the ability of any proposer to perform the work or service

requested. The proposer shall provide all information the County deems

reasonably necessary to make this determination.

(g) Methods of Negotiation and Contracting:

(i) Category Five Purchases

1. Negotiation with Top Ranked Proposer(s): The proposer(s)

whose ability and proposal is determined to be the most

advantageous to the County, taking into consideration the

evaluation factors set forth in this Request for Proposals, shall

be recommended to the Board of County Commissioners for

authorization to negotiate an agreement for the goods and

services set forth in the solicitation. Selection of a proposer

for negotiation shall not be construed as vesting any

contractual or other rights of any nature in the proposer.

2. The Board of County Commissioners shall determine whether

to (a) continue negotiations, (b) accept or reject a

recommended contract, or (c) take other appropriate action as

may be in the best interests of the County, to include

negotiations with other proposers.

3. Category Four: For Category Four RFP solicitations, the

Purchasing Director is authorized to proceed as provided for

Category Five in place of the Board of County

Commissioners.

E. Exceptions. Limitations and Additional Requirements

(1) Prohibited Sources:

(a) No source shall be selected if the person or business entity is known to have

been in violation of the public contracting limitations or environmental laws

as provided in Article 6 of Ordinance 99-37, or is not willing to certify that

such person or business entity operates a drug free work place as provided in

§287.087, Florida Statutes. For Category Four and higher, an affidavit

Page 9 of 16



attesting to compliance with the aforementioned requirements shall be

required.

The Purchasing Director shall maintain information on persons or business

entities who are known to be in violation of Article 6 of Ordinance 99.37 or

have refused to provide affidavits of compliance with §287.087, Florida

Statutes, in the past. The status of the person or business must be confirmed

with the Purchasing Director prior to selecting a source for purchases under

Category Two and Category Three.

(b) No source shall be selected if the vendor has been debarred or suspended

under Ordinance 99-37.

The drug free workplace provisions shall not apply:

(i) if the special characteristics of the product or service offered by a firm

make it necessary for the operation of the County; or for the health,

safety, welfare, economic benefits or well-being of the public. The

CEO or his designee shall develop administrative procedures to

implement this report; or

(ii) to contracts involving funding which is provided, in whole or in part,

by the United States or the State of Florida shall be exempted from

the provisions of those instances where restrictions provided in this

policy are in conflict with the requirements of those governmental

entities.

(2) Limited Competition or Non-Competitive Purchases

(a) A source selection may be made with limited or no competition when the

Purchasing Director determines in writing, after conducting a good faith

review of available sources, that:

(i) There is only one available source for the required commodity or

service. If the purchase is above Category Three, the non-competitive

purchase, the purchase must be presented to the Board for

authorization to proceed or;

(ii) There are insufficient sources to provide the required number of price

quotations; or

Page 10 of 16



(iii) Cooperative contracts or solicitations with other governmental

agencies, entities, or associations acting on behalf of another

governmental entity exist which provide reasonable competition.

(b) The CEO determines that Emergency conditions as defined in the Purchasing

Ordinance 99-37 exist, the CEO may limit or waive the source selection

based on the nature of the emergency after considering the known sources

requirement, reasonable consideration of time, and the estimated amount of

the transaction. Emergency purchases shall be reported to the Board

subsequent to the purchase.

(c) The procedures for documentation of all Limited Competition or Non-

competitive purchases shall be established by the Purchasing Director. The

records shall list each contractor's name, the amount and type of each

contract, a listing of the item(s) procured under each contract, and the

encumbrance of the transaction in the County's Financial System.

(3) Variations From Lowest Price: The source selected shall be the one with the lowest

price unless the CEO or his designee with respect to Category One purchases, and the

Purchasing Director or his designee with respect to Category Two and Three

purchases, can document good reasons why it is in the County's best interest to select

a higher priced source. Source Selection for Category Four and higher shall be

consistent with the terms of the IFB or RFP.

. (4) Contacting Interested Vendors: For Categories below the maximum amount for

Category Three Purchases, the Purchasing Director shall develop procedures for

contacting interested vendors. Such procedures shall provide for reasonable

flexibility based on the amount of the purchase, efficiency in acquiring the goods and

services in a timely manner, the likelihood of obtaining the best price and providing

a fair opportunity for those interested in selling goods and services to the County.

The procedures for IFB's and RFP's shall be followed for Category Four and higher.

Section 5: Form of Transaction or Contract

A. Minimum requirements: This subsection establishes the minimum requirements for

completing transactions or entering into contracts after selecting sources in compliance with

Section 4.

(1) Category One and Category Two: The purchase of goods and services below the

maximum amount set for Category Two may be completed, without a written

contract. The use of direct expenditure vouchers (DEVs), Credit or Purchasing

Page 11 of 16



Cards, Purchase Orders or other arrangements as provided in rules and procedures

approved by the CEO and the Clerk to the Board are authorized. Where the party

with delegated purchasing authority determines that a written agreement is required,

the terms shall be limited to specifications for the goods and services, delivery or

completion dates, the purchase amount and the payment due date unless the

agreement is consistent with forms approved herein or adopted as authorized herein.

(2) Category Three and Category Four: The purchase of goods and services below the

maximum level for Category Four shall be pursuant to a purchase order issued by the

Purchasing Director or his designee, a purchase order confirming the award of a bid,

or a contract consistent with contract terms authorized by the Board of County

Commissioners. The Purchasing Director or his designee may request legal review

of forms of contracts, and with documented legal review, modify the form to meet

the needs of any acquisition of goods and services or a combination thereof provided

such modification is not inconsistent with policies adopted by the Board of County

Commissioners.

(3) Category Five: All category five contracts shall be in such form as is authorized by

the Board of County Commissioners.

B. Types of Contracts

(1) Multi Term contracts.

(a) Specified Period. Unless otherwise provided by law, a contract for supplies

or services may be entered into for any period of time deemed to be in the

best interests of the County, provided the term of the contract and conditions

of renewal or extension, if any, are included in the solicitation and funds are

available for the first fiscal period at the time of contracting. Payment and

performance obligations for succeeding fiscal periods shall be subject to the

availability and appropriation of funds therefor in the budget of the County,

as determined by the Board of County Commissioners.

(b) Determination Prior to Use. Prior to the utilization of a multi-term contract,

it shall be determined in writing that estimated requirements cover the period

of the contract and are reasonably firm and continuing.

(c) Cancellation Due to Unavailability of Funds in Succeeding Fiscal Periods.

A multi term contract shall provide for cancellation when funds are not

appropriated or otherwise available to support continuation of performance

in a subsequent fiscal period.

Page 12 of 16



(2) Multiple Source Contracting.

(a) General. A multiple source award is an award of an indefinite quantity

contract for one or more similar supplies or services to more than one bidder

or proposer.

(b) Limitations on Use. A multiple source award may be made when award to

two or more bidders or proposer for similar products is necessary for

adequate delivery, service, or product compatibility. Multiple source awards

shall not be made when a single award will meet the County's needs without

sacrifice of economy or service. Awards shall not be made for the purpose

of dividing the business, making available product or supplier selection to

allow for user preference unrelated to utility or economy, or avoiding the

resolution of tie bids. Any such awards shall be limited to the least number

of suppliers necessary to meet the valid requirements.

(c) Contract and Solicitation Provisions. All eligible users of the contract shall

be named in the resulting contract(s), and the actual requirements of such

users that can be met under the contract shall be obtained in accordance with

the contract, provided that:

(i) the County shall reserve the right to take bids separately if a particular

quantity requirement arises which exceeds its normal requirement or

an amount specified in the contract; and

(ii) the County shall reserve the right to take bids separately if the

Purchasing Director approves a finding that the supply or service

available under the contract will not meet a nonrecurring special need

of the County.

(d) Intent to Use. If a multiple source award is anticipated prior to issuing a

solicitation, the County shall state in the solicitation the right to make such

an award and the criteria for determining such an award.

(e) Determination Required. The Purchasing Director shall make a written

determination setting forth the reasons for a multiple source award, which

shall be made part of the procurement file.

Page 13 of 16



C. General Requirements for Transactions and Contracts:

(1) The Purchasing Director, along with the County Attorney, shall prepare documents

appropriate for the transactions and contracts authorized by these policies.

(2) All County contracts for supplies and services shall include provisions necessary to

define the responsibilities and rights of the parties to the contract. The Purchasing

Director, after consultation with the County Attorney, may issue procedures detailing

clauses appropriate for goods, services or a combination thereof.

(3) The Purchasing Director shall promulgate regulations setting forth cost principles

which shall be used to determine the allowable types of reimbursable services and

rates to be used under contract provisions providing for the reimbursement of costs.

(4) Bid, performance and payment bonds or other security may be requested for supply

contracts or service contracts as the Purchasing Director or head of a using agency

deems advisable to protect the County's interests. Any such bonding requirements

shall be set forth in the solicitation. Bid, performance or payment bonds shall not be

used as a substitute for a determination of a bidder or proposer's responsibility.

(5) Each contract or transaction in the amounts above the minimum for level three shall

provide for suspension of payments, or termination, or both, if the drug free

workplace requirements, the CEO, Purchasing Director or Contract Administrator

determines that:

(a) such person or entity has made false certification; or

(b) such person or entity violates such certification by failing to carry out the

requirements; or

(c) such a number of employees of such person or entity have been convicted of

violations occurring in the workplace as to indicate that such person or entity

has failed to make a good faith effort to provide a drug free workplace.

(6) No transaction or contract shall include any promise or condition that would reduce

the protection of the County from the duty to provide care owed by the provider of

such goods and services, or the standard of care for the industry or profession, except

computer technology related contracts may include limitations with respect to

performance of the technology and waive any damages in excess of actual damages

such as consequential, indirect, special, punitive or exemplary damages.

Page 14 of 16



(7) No transaction or contract shall include a promise from the County that would

indemnify or hold harmless any vendor, supplier, service provider, professional party

to the contract or third party.

(8) Any purchasing, including service, shall not commence until all insurance under this

section, or alternative insurance coverage as might be required by guidelines from the

County's Risk Management Division, has been obtained. Minimum amounts of

insurance (inclusive of any amounts provided by an umbrella or excess policy) shall

be as follows:

(a) Workers' Compensation:

All contractors shall maintain at least the minimum coverage required by

Florida or federal law.

(b) Commercial General Liability and Business Auto Policies:

The limits are to be applicable only to work performed under this contract on

County property, and shall be those that would be provided with the standard

ISO policies and endorsements

(i) For Category One and Two Purchases:

None

(ii) For Category Three and Four Purchases:

$ 25,000 per occurrence

$ 100,000 aggregate

(iii) For category Five Purchases and Specified Contracts

$ 300,000 for each occurrence

$1,000,000 aggregate

(c) Certificates of Insurance and Copies of Policies:

The contractor shall file certificates of insurance, evidencing the insurance

coverage specified in the above paragraphs a and b, with the Purchasing

Manager before operations are begun. The required certificates of insurance

shall specify the types of policy, policy number, date of expiration, amount

Page 15 of 16



of coverage, companies affording coverage, the quote number, project title

and the location of the project. Insurance shall remain in force at least one

(1) year after completion and acceptance of the project by the County in the

amounts and types as stated herein, including coverage for all products and

services completed under this contract. If the initial insurance expires prior

to completion of operations and or services, the quoter shall furnish renewal

certificates of insurance and required copies of policies to the Purchasing

Manager at least thirty (30) days prior to the date of the expiration of the

initial coverage.

(d) Additional Insured:

County of Manatee shall be specifically named as additional insured.

Section 6

A. General: The Purchasing Director shall develop written rules, policies, procedures and

instruction for the approval of the Clerk to the Board and the County Administrator.

B. Contract Administration: A contract administration system shall be designed to insure that

a contractor is performing in accordance with the solicitation under which the contract was

awarded, and the terms and conditions of the contract shall be maintained.

C. County Procurement Records: All determinations and other written records pertaining to the

solicitation, award, or performance of a contract shall be maintained for the County in a

contract file by the Purchasing Director, and shall be retained and disposed of by the County

in accordance with records retention guidelines and schedules approved by the Clerk to the

Board of County Commissioners.

Page 16 of 16

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