Okaloosa County BOCC — May 4, 2013 — reading text

the Agreement. NOTICE OF COMMENCEMENT – The form required by Growth Management for construction/improvements involving all unincorporated areas of the County. 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. 4 Packet Pg. 538  9.10.c.a 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. Attachment: Purchasing Manual-6 (post 3-19-13 meeting) CLEAN COPY (1553 : Revisions to the Purchasing Manual) P-Card – County-issued credit cards also referred to as Purchasing Cards. 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. 5 Packet Pg. 539  9.10.c.a C. CODE OF ETHICS The provisions of Section 112.113, Florida Statutes, pertaining to the standards of conduct for Attachment: Purchasing Manual-6 (post 3-19-13 meeting) CLEAN COPY (1553 : Revisions to the Purchasing Manual) 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). Anyone violating these provisions of ethics and standards of conduct may be subject to appropriate disciplinary action up to and including a written reprimand and or termination of employment. Conflict of Interest 1. Any attempt to realize personal gain through public service 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 any procurement when the official/employee knows that: 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. c. Any official/employee or any member of an official/employee’s immediate family who holds a financial interest in a disclosed blind trust shall not be deemed to have a conflict of interest with regard to matters pertaining to that financial interest. 2. A Conflict of Interest Disclosure Form, see Form Appendices, shall be included in all procurements of goods and services which are competitively bid. Additionally, any purchase of goods or services in excess of $2,500 made by any contractor on behalf of the County, shall require a Conflict of Interest Disclosure Form to be submitted to the County by the supplier. Gratuities It shall be unethical for any person, entity or committee to offer, give or agree to give any official/employee or former official/employee, or for any official/employee or former official/employee to solicit, demand, accept or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation or any part of a program requirement or a 6 Packet Pg. 540  9.10.c.a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefore. National Institute of Governmental Purchasing (NIGP) Code of Ethics Attachment: Purchasing Manual-6 (post 3-19-13 meeting) CLEAN COPY (1553 : Revisions to the Purchasing Manual) The Okaloosa County Purchasing Department supports the following NIGP Code of Ethics and adheres to their philosophy of protecting the public trust: NIGP CODE OF ETHICS The Institute believes, and it is a condition of membership, that the following ethical principles should govern the conduct of every person employed by a public sector procurement or materials management organization. Seeks or accepts a position as director (or employee) only when fully in accord with the professional principles applicable thereto and when confident or possessing the qualifications to serve under those principles to the advantage of the employing organization. Believes in the dignity and worth of the service rendered by the organization, and the societal responsibilities assumed as a trusted public servant. Is governed by the highest ideals of honor and integrity in all public and personal relationships in order to merit the respect and inspire the confidence of the organization and the public being served. Believes that personal aggrandizement or personal profit obtained through misuse of public or personal relationships is dishonest and not tolerable. Identifies and eliminates participation of any individual in operational situations where a conflict of interest may be involved. Believes that members of the Institute and its staff should at no time, or under any circumstances, accept directly or indirectly, gifts, gratuities, or other things of value from suppliers, which might influence or appear to influence purchasing decisions. Keeps the governmental organization informed, through appropriate channels, on problems and progress of applicable operations by emphasizing the importance of the facts. Resists encroachment on control of personnel in order to preserve integrity as a professional manager. Handles all personnel matters on a merit basis, and in compliance with applicable laws prohibiting discrimination in employment on the basis of politics, religion, color, national origin, disability, gender, age, pregnancy and other protected characteristics. Seeks or dispenses no personal favors. Handles each administrative problem objectively and empathetically, without discrimination. Subscribes to and supports the professional aims and objectives of the National Institute of Governmental Purchasing, Inc. 7 Packet Pg. 541  9.10.c.a GUIDELINES TO THE NIGP CODE OF ETHICS I. RESPONSIBILITY TO YOUR EMPLOYER o Follow the lawful instructions or laws of the employer. Understand the authority granted by the employer. Attachment: Purchasing Manual-6 (post 3-19-13 meeting) CLEAN COPY (1553 : Revisions to the Purchasing Manual) o Avoid activities, which would compromise or give the perception of compromising the best interest of the employer. o Reduce the potential for any charges of preferential treatment by actively promoting the concept of competition. o Obtain the maximum benefit for funds spent as agents of the employer. II. CONFLICT OF INTEREST o Avoid any private or professional activity that would create a conflict between your personal interest and the interests of your employer. o Avoid engaging in personal business with any company that is a supplier to your employer. o Avoid lending money to or borrowing money from any supplier. III. PERCEPTION o Avoid the appearance of unethical or compromising practices in