Okaloosa County BOCC — May 4, 2013 — Compare version 5 with original — reading text

term agreement does not include grant agreements. AWARD – The acceptance, by the County, of the successful bidder’s proposal. BID – The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the work or service to be performed. BIDDER – Any individual, partnership, firm or corporation, acting directly or through a duly authorized representative, who submits a proposal for the work or service contemplated. BIDDING DOCUMENTS – The advertisement or invitation to bid, instruction to bidders, the bid form and the proposed contract documents, including all addenda issued prior to receipt of bids. BIDDING REQUIREMENTS – The advertisement or invitation to bid, instruction to bidders and the bid form. BOARD OF COUNTY COMMISSIONERS (“Board”) – The public body or authority with whom the Contractor or Lessee has entered into the agreement and for whom the work or service is to be provided. BONDS – Performance and payment bonds and other instruments of security. CENTRAL REPOSITORY – File of all Board of County Commissioner fully executed contracts, leases and non-grant agreements maintained in auditable format by the Purchasing Services Coordinator in support of the Finance Department’s Contracts & Grant Office original file. CERTIFICATES OF COMPLIANCE – Written statements by the manufacturer stating the material furnished is in conformance with the work specifications. CHANGE ORDERS – A document recommended by Managing Department, which is signed by the Contractor, approved by the Board (following authorization levels) and fully executed by the Chairman. Authorizes additions, deletions or revision in the work or an adjustment in the contract price or contract times and issued on or after effective date of agreement. CONTRACT – The written agreement covering the work or service to be performed. The awarded contract shall include, but not limited to: the advertisement, contract form, the proposal, 6 Revised – 11/09/98, 03/21/00, 09/18/01, 03/19/02, 09/07/04, 05/15/07, 09/04/07, 09/03/08, 09/12/2011 10 performance bond, payment bond, certificates of compliance, required insurance certificates, the specifications, plans and any addenda issued to bidders. CONTRACTOR – The person, firm or corporation with whom the managing department has entered into the agreement (non-grant). CONTRACT/LEASE CONTROL NUMBER – A systemized unique number assigned to each fully executed contract, lease or agreement providing ready reference, status and totality of the agreement. CONTRACT/LEASE DATABASE – Computer automated agreement file in numerical contract/lease control number sequence, affording organized rapid search and retrieval of specific agreements. COPIES – Reproduced signed contracts, leases, agreements, amendments or change orders and supporting documentation maintained in the repository. DEPARTMENT MONITOR – The Department Director, or designee, responsible for oversight and review of contracts within the issuing/managing County Department. EFFECTIVE DATE OF AGREEMENT – The date indicated in the agreement on which it becomes effective. EXECUTION OF AGREEMENT – Successful bidder shall sign the necessary agreements for entering into the contract, lease or agreement and return to the Managing Department. EXPIRED FILES – File of agreements that final payment has been approved by the Board or the time period fixed in the contract, lease or agreement has expired. Retention is 15 years for capital improvements and 5 years non-capital improvements. FINAL PAYMENT – Payment issued upon satisfactory completion and final close-out of agreement or lease. FINANCE DEPARTMENT CONTRACTS & GRANTS OFFICE – The section under the Clerk of Court mandated by State Statute to file and keep all original contract documents. FULLY EXECUTED AGREEMENT – Contract, lease or agreement executed by the Contractor or Lessee submitted with all required supporting contractual documentation, approved by the Board and signed by the Chairman. ISSUING DEPARTMENT – The Department from which the bidding document, agreement or lease are to be issued and where the agreement procedures are to be administered. LESSEE – Tenant or Renter, person paying rent and to whom a lease is given. LESSOR – One who leases to a tenant. Owner or Landlord. MANAGING DEPARTMENT DIRECTOR – Issuing Department official responsible for administration of the Agreement. NOTICE OF COMMENCEMENT – The form required by Growth Management for construction/improvements involving all unincorporated areas of the County. 7 Revised – 11/09/98, 03/21/00, 09/18/01, 03/19/02, 09/07/04, 05/15/07, 09/04/07, 09/03/08, 09/12/2011 10 NOTICE OF AWARD – The written notice by the Purchasing Department to the successful bidder stating that upon compliance by the bidder with the conditions enumerated therein the agreement, within the time specified. Purchasing Department will sign and deliver the award. NOTICE TO PROCEED – A written notice given by the managing department fixing the date on which the agreement times will commence. The Contractor shall begin to perform his/her obligation according to the agreement documents on this date. ORIGINAL – Initial, non-reproduced signed agreements, amendments, change orders, task orders from Purchasing Department. Required to be retained by the Finance Department Contracts & Grants Office. PAYMENT BOND – The approved form of security furnished by the Contractor and his/her surety as a guaranty that he will pay all bills and accounts for materials and labor used in the work or services. PERFORMANCE BOND – The approved form of security furnished by the Contractor and his/her surety as a guaranty that the Contractor will complete the work or service in accordance with the terms of the agreement. PURCHASING SERVICES COORDINATOR – Purchasing Department assigned person whose function is to establish, maintain and track status of all Board of County Commission fully executed contracts, leases and agreements (non-grant). SPECIFICATIONS – Those portions of the agreement documents consisting of written technical descriptions of material, equipment, construction systems, standards and workmanship as applied to the work and administrative details as applicable. SUCCESSFUL BIDDER – The lowest, responsible and responsive bidder to whom the Purchasing Department, based on evaluation, is awarded the fully executed agreement. TASK ORDER – Task Order is synonymous with the term “new work” against an existing task-order specific contract approved by the BOARD. Selected contractor will be given a scope of work by the managing department. Contractor will prepare and submit a written technical and cost proposal addressing the scope of work. The managing department will review, negotiate and forward to Purchasing for authorization. The next consecutive task order # will be assigned and the document forwarded for the appropriate level of approval. WORK – The entire completed service, construction or the various separately identifiable parts thereof required to be furnished under the agreement documents. 8 Revised – 11/09/98, 03/21/00, 09/18/01, 03/19/02, 09/07/04, 05/15/07, 09/04/07, 09/03/08, 09/12/2011 10 4. To strive consistently to maintain a high degree of knowledge pertaining to materials and supplies required for use by the County, and to establish practical methods of obtaining same. 5. To cooperate with all organizations and individuals engaged in activities designed to enhance the development and standing of public purchasing. 9 Revised – 11/09/98, 03/21/00, 09/18/01, 03/19/02, 09/07/04, 05/15/07, 09/04/07, 09/03/08, 09/12/2011 10 C. CODE OF ETHICS AND CONDUCT A County Purchasing Agent has, perhaps, more contact with manufacturers and dealers than any other County officer; he has the opportunity and duty to cultivate goodwill between Okaloosa County and its’ suppliers. In any consideration of public relations, there must be understanding and agreement with reference to ethical concepts of public purchasing and, for our purposes; these are well expressed in Chapter 112, Part III, Florida Statutes, 1975, thereby obligating every purchasing official to an impeccable standard of ethics and conduct. A. “Procurement employee” means any employee of an officer, department, board, commission, or council of the executive branch or judicial branch of state government who participates through decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, or auditing or in any other advisory capacity in the procurement of contractual services or commodities as defined in s.287.012, if the cost of such services or commodities exceeds $1,000 in any year. B. A reporting individual or procurement employee is prohibited from soliciting any gift from a political committee or committee of continuous existence, as defined in s.106.011, or from a lobbyist who lobbies the reporting individual’s or procurement employee’s agency, or the partner, firm, employer, or principal of such lobbyist, where such gift is for the personal benefit of the reporting individual or procurement employee, another reporting individual or procurement employee, or any member of the immediate family of a reporting individual or procurement employee. C. General Standards of Ethical Conduct The provisions of Section 112.113, Florida Statutes, pertaining to the standards of conduct for public officers and employees shall expressly apply to the Okaloosa County Purchasing Manual and all county officials and employees. A violation of Section 112.313, Florida Statutes, pertaining to purchasing or contractual relationships shall also be deemed a violation of this Manual. Specific statutory provisions pertaining to purchasing and contracting include, but are not limited to: Section 112.313 (standards of conduct); Section 180.24 (bids on construction contracts); Section 218.70, et. seq. (the Florida Prompt Payment Act); Section 225.20 (local bid law), Section 287.055 (consultants’ competitive negotiation act); Sections 336.41 and 336.44 (county roadwork). Conflict of Interest 1. Any attempt to realize personal gain through public employmentservice by conduct inconsistent with the proper discharge of the official/employee’s duties is a breach of a public trust. In addition, it shall be unethical for any official/employee to fail to meet any other applicable standards set forth in this section or to participate directly or indirectly in aany procurement when the official/employee knows that:-: 10 Revised – 11/09/98, 03/21/00, 09/18/01, 03/19/02, 09/07/04, 05/15/07, 09/04/07, 09/03/08, 09/12/2011 10  a. The official/employee or any member of the official/employee’s immediate family has a financial interest pertaining to the procurement; b. Any other person, business, or organization with whom the official/employee or any member of an official/employee’s immediate family is negotiating or has an arrangement concerning prospective employment is involved in the procurement.