Okaloosa County BOCC — May 4, 2013 — Purchasing Manual-6 (post 3-19-13 meeting) — reading text

vendors. STEP 5: Negotiations between the selection committee and the priority vendor (the top- ranked vendor) shall proceed as follows: A. Negotiations shall be held with the top-ranked vendor. B. If no tentative agreement can be reached, then negotiations will commence with the second vendor on the priority list. C. If no tentative agreement can be reached, then negotiations shall commence with the third vendor. D. If no tentative agreement can be reached with the third vendor, then the committee shall return to the Board and seek direction from the Board. STEP 6: The selection committee shall prepare an Executive Summary of the tentative agreement, which shall contain the terms, conditions and costs associated with the contract. The Executive Summary shall be presented to the Board. STEP 7: Upon approval of the agreement by the Board, a purchase order and formal, written agreement must be executed prior to commencement of the work associated with the contract. O. BID/PROSPOSAL PROTESTS 46 Any bid/proposal award recommendation may be challenged on the grounds of material irregularities in the procurement procedure, or material irregularities in the evaluation of the bid/proposal. Such notice of intent to challenge shall be made in writing and delivered to the County Administrator within 72 hours after posting of the intended recommendation of award. A formal written challenge shall be filed with the County Administrator within 5 business days after the date on which the notice of intent to challenge has been submitted. Failure to file a timely notice of intent to challenge or failure to file a timely formal written challenge shall constitute a waiver of challenge proceedings. Challengers who do not submit a legitimate bid/proposal do not have standing to file a protest. Furthermore, challengers who would not be awarded the subject contract even if the protest were successful lack standing. The notice of intent to challenge shall contain at a minimum; the name of the challenger, the challenger’s address, fax number and phone number, the name of the challenger’s representative to whom notices may be sent, the name and bid/proposal number of the solicitation, and a brief factual summary of the basis of the intended challenge. The formal written challenge shall: identify the challenger and the solicitation involved, include a clear statement of the grounds on which the challenge is based, refer to the statutes, laws, ordinances, or other legal authorities which the challenger deems applicable to such grounds, and specifically request the relief to which the challenger deems itself entitled by application of such authorities to such grounds. The challenger shall mail a copy of the notice of intent to challenge and formal written challenge to the apparent best bidder/proposer. The County Administrator shall, within ten (10) business days of receipt of the formal written challenge, cause the challenge to be reviewed and provide a written recommendation as to the challenge. In the event the challenge is not resolved, the Board shall, within a reasonable time, be presented with the written challenge and the County Administrator’s analysis and recommendation to the challenge prior to award of the contract. The procurement, which is the subject of the protest, shall not proceed until a final decision has been made, unless the Board makes a determination that the contract must proceed without delay to protect substantial interest of the County. The Board shall consider the challenge and the County Administrator’s analysis and recommendation and issue a written determination as to the challenge. Nothing herein relinquishes the County’s right to waive irregularities and formalities in accordance 47 with its procurement package and instructions. Further, nothing herein shall create any rights in the unsuccessful challenger. All decisions of the Board shall be final. 48 P. WIRELESS COMMUNICATION POLICY A. AUTHORIZATION & ISSUANCE: 1. County-owned wireless communication devices shall only be issued to the following County personnel: a. County officials or employees whose responsibilities require the use of such technology for the efficient provision of County services or for the safety of employees in the provision of County services; b. County officials or employees whose responsibilities include emergency response or on-call duties; c. Other personnel as approved by the Department Director. 2. Purchases of wireless communication devices shall be approved, in advance, by the receiving Department Director in coordination with the Information Systems Department. B. COUNTY ISSUED WIRELESS COMMUNICATION DEVICES: 1. Usage: a. All County officials or and personnel shall be required to sign a “Usage Agreement” with the County denoting the receipt of the wireless communication device and acknowledgment of the usage guidelines. b. The Purchasing Department, in coordination with the Information Systems Department, shall serve as Contract Administrator for the County Wireless Communication Device Program and administer wireless provider contracts and employee Usage Agreements. c. All County officials or and employees shall use the wireless communication device primarily for County related business. However, if such employee makes or receives a personal call on a County issued wireless communication device, then such employee shall pay for all personal calls. Employees shall assist the wireless communication device representative for their Department/Division in differentiating between business and personal calls and shall remit the full amount owed for personal calls within 30 days of first notification. Reimbursements shall be made at the contract rate per minute established by the County Administrator. For reimbursements of personal calls, a copy of the invoice highlighting personal calls indicating a total for each month and cash or a check payable to Okaloosa County Board of County Commissioners shall be submitted to the respective department (to be forwarded to the Finance Department). d. The County reserves the right to monitor and audit the use of all County- issued wireless communication devices. 49  e. Reasonable precautions shall be made to prevent theft and vandalism. f. Wireless communication devices shall not be used when a less costly alternative is safe, convenient, and readily available. g. All expenses for the use of such wireless communication device for County related use shall be paid from the operating budget of the receiving department or division. 2. Monitoring & Control: a. Immediate supervisors and Department Directors shall review monthly schedules of wireless communication device activity, b. Each user shall review monthly service billings to determine and remit, as appropriate, a payment at the rate listed per minute per call under item 1.c. that is of a non-county related purpose. c. Inappropriate use of wireless communication devices shall be reported to the respective Department Director. 3. County Officials, Employees and/or Department Division Responsibilities: a. County officials and employees who are issued a wireless communication device shall be responsible for the operation, condition and security of that device while it is in their possession. The County official or employee shall take all necessary precautions to ensure that the device is not subjected to conditions that would adversely affect the device or for which it was not designed. b. Each department shall be responsible for maintaining inventory for each wireless communication device purchased by or for their department. c. Upon termination of employment or upon the termination of tenure in office with Okaloosa County, it shall be the responsibility of the County official or employee to return said device to their supervisor or to their Department Property Custodian prior to their last date of employment or service in office. Failure to do so may result in the cost of the device being withheld from the County official’s or employee’s final paycheck until such time as the wireless communication device is returned to Okaloosa County. C. RATE The wireless communication device minute rate shall be established by the County Administrator and may be based upon comparable industry standards for wireless communication device service or on the standard basic service level rates, minutes, and features provided for County issued wireless communication devices from an approved County wireless communication device service provider. NOTE: Personal calls that are Mobile to Mobile (MM) or Link to Link (PTT) do not require reimbursement. 50 Q. CONTRACTS, LEASES & NON-GRANT AGREEMENTS POLICIES AND PROCEDURES I. SCOPE This policy governs management procedures of all contracts, leases and (non-grant) agreements (hereinafter referred to as Agreements) entered into by the various issuing departments and approved by the Board. II. OBJECTIVE To establish uniform procedures to be used countywide to ensure oversight and improved management of all Board-approved agreements including the establishment of a Board of County Commissioner’s Central Repository in the Purchasing Department. These procedures provide guidelines to ensure the following: 1) Agreements are properly authorized by the appropriate county officials (e.g., Board, County Administrator, Purchasing Director and/or Department Director). 2) The business interests of the County are protected in compliance with the terms of the fully- executed agreement and throughout the term of such agreement. 3) The County has a system to identify and evaluate potential injury, property loss and liability exposure. 4) Original agreements are maintained in the Finance Department Contracts & Grants Office. 5) Copies of all agreements, amendments, change orders, task orders, supplements, renewals and supporting documentation are maintained in an auditable format in the central repository. 6) Prior to expiration, agreements are reviewed in a timely fashion to determine if renewal or re-bid is required. III. HISTORIC AND LEGAL AUTHORITY 1) Institute for Senior Professionals Review of Okaloosa County Contracts, report dated December 1996. 2) 1997 Annual Comprehensive Audit 3)