Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - September 23, 2014
REVISED September 23, 2014 - Regular Meeting
Agenda Item #44

Procurement Code Amendments

Briefing Provided Upon Request

Contact and/or Presenter Information
Robert Eschenfelder, Assistant County Attorney (x3750)

Melissa M. Wendel, CPPO, Purchasing Official (x3054)

Action Requested
Motion to adopt Ordinance 14-32 and Resolution 14-135

Enabling/Regulating Authority
Florida State Statutes, Chapter 125:  Home Rule Authority

Background Discussion
The Purchasing Division and County Attorney's Office regularly examine the Procurement Code for improvements in efficiency, to enhance integrity, or to further legal compliance in County procurement activities. As a result of changes in the law, current industry best practice recommendations, practical experience, and the need to address new circumstances there are several revisions to the Procurement Code brought forth for approval. 

A summary of the revisions to policy contained in the attached recommended ordinance and in the resolution are as follows:

  • Health services such as fitness or nutrition instructors and  veterinary services frequently involve smaller dollar purchases and unique local services where price is not the sole factor upon which a selection may be based.  The methods of procurement which are qualification based as opposed to price based are complex and time consuming and bring about too much process causing a negative impact on competitiveness.
  • The County desires to incentivize its vendor community to focus on recycle and reuse policies so as to improve the environment and preserve resources.  This revision to the Code will allow those vendors with reuse and recycling policies and practices an advantage in consideration for award where all other evaluative factors are equal. 
  • In the event of an acquisition made pursuant to emergency purchasing procedures, there is clarification made in the Code to set forth the requirement for the Administration to bring forth the agreement entered into on the agenda of the next scheduled meeting of the Board of County Commissioners in order that the Commission may ratify the Administrator's action.
  • The County desires to implement the provisions of Florida Statutes, Section 119.0701 concerning public records, and Florida Statutes, Section 287.05712 concerning State policy on local government public private partnerships. 
  • Section 119.0701 was created by legislature to require a contractor acting on behalf of a County to bear the burden of keeping and maintaining public records. 
  • Section 287.05712 is the legislatures fairly recent statutory inclusion which recognizes there is a public need for the construction or upgrade of facilities that are used predominantly for public purposes and that it is in the public's interest to provide for the construction or upgrade of such facilities.  The ordinance incorporates the statutory requirements into our Code. 
  • This agenda item also includes a fee resolution. The resolution is in response to the portion of Section 287.05712 which allows the county to establish a reasonable application fee to accompany an unsolicited proposal to absorb the costs of evaluating the proposal. 
  • The County wishes to clarify the periods covered by its anti-lobbying provision to make clear that the anti-lobbying provision does not apply to presentations made to evaluation committees or at a county commission meeting where the commission is considering approval of a proposed contract.
  • Consistent with industry best practices the County wishes to authorize the use of alternative methods of procurement including the best-value and cooperative procurement methods.  Cooperative procurement and piggybacking allow for a demonstrable and substantial reduction of administrative time and expense.  Examples of cooperative procurement includes joint solicitations or use of a third party aggregator or broker.  Piggybacking utilizes the competitive agreements of other entities provided the purchase is substantially the same, the contract is consistent with its solicitation and contract parameters and restrictions.  Best value procurement takes costs and benefits into consideration.  This involves a comparison of all the benefits from what the county receives and how it uses what it receives, against the costs to purchase, use and where relevant dispose of it. 
  • Clarification is made to Section 2-26-61 governing protests by clarifying that protest procedures are not available to protest the award of purchase orders based upon the informal solicitation of at least three price quotes.
  • Section 2-26-70 which sets forth policies on suspension and debarment has been substantially revised to cure inconsistencies, and better reflect the best practice recommendations of the American Bar Association's model procurement code. 

The County Attorney's office and County Administrator recommend approval of this item.

County Attorney Review
Formal Written Review (Opinion memo must be attached)

Explanation of Other

Reviewing Attorney

Instructions to Board Records
Original to: Board Records
Copies to: Melissa.wendel@mymanatee.org

Cost and Funds Source Account Number and Name

Amount and Frequency of Recurring Costs

Attachment:  P3ApplicationFeeRES.pdf
Attachment:  14-134 Purchasing Code Amendments RLS.pdf
Attachment:  PurchasCodeAmend2014ORD.pdf
Attachment:  Ord 14-32 Affidavit of Publication.pdf