HomeMy WebLinkAbout08.c EDB Resolution No. 2024-2025-07 Procurement Policy CLAY COUNTY UTILITY AUTHORITY
RESOLUTION NO. 2024/2025-07
A RESOLUTION OF CLAY COUNTY UTILITY AUTHORITY, AN
INDEPENDENT SPECIAL DISTRICT OF THE STATE OF
FLORIDA ("AUTHORITY"), INCORPORATING FINDINGS;
ADOPTING THE AUTHORITY'S PROCUREMENT POLICY;
SUPERSEDING AND REPEALING PRIOR AUTHORITY
RESOLUTION NO. 2013/2014-07 RE PURCHASING POLICIES
AND PROCEDURES; SUPERSEDING AND REPEALING PRIOR
AUTHORITY RESOLUTION NO. 2024/2025-05 RE PUBLIC BIDS,
BID OPENINGS, AND PROTESTS; PROVIDING FOR
CONFLICTS, SEVERABILITY,AND EFFECTIVE DATE.
WHEREAS, the AUTHORITY previously adopted the most current version of its
resolution providing for purchasing policies and procedures by its adoption of Resolution No.
2013/2014-07 on June 17, 2014; and
WHEREAS, the AUTHORITY previously adopted the most current version of its
resolution providing for public bids, bid openings, and protests by its adoption of Resolution No.
2024/2025-05 on December 3, 2024; and
WHEREAS, the AUTHORITY wishes to supersede and repeal those prior resolutions,
policies, and procedures by the adoption of its updated, comprehensive "Procurement Policy"
(herein so called) in the form as attached hereto as Exhibit "A" and hereby incorporated by this
reference.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF THE AUTHORITY
AS FOLLOWS:
SECTION I. The foregoing findings are incorporated herein by reference and made a
part hereof.
SECTION II. The AUTHORITY hereby adopts the Procurement Policy attached hereto
as Exhibit "A" as its official Procurement Policy relating to all of the subject matter set forth
therein.
SECTION III. Prior AUTHORITY Resolution Nos. 2013/2014-07 and 2024/2025-05,
and the subject matter contained therein, are hereby expressly superseded and repealed by this
Resolution.
SECTION IV. In addition to the foregoing, all other resolutions or part of resolutions in
conflict with any of the provisions of this Resolution are hereby repealed.
CCUA Resolution No. 2024/2025-07
SECTION V. If any section or portion of a section of this Resolution proves to be
invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity,
force, or effect of any other section or part of this Resolution.
SECTION VI. This Resolution shall become effective immediately upon its passage and
adoption.
PASSED and ADOPTED this 4th day of February, 2025.
CLAY COUNTY UTILITY AUTHORITY,
BY ITS BOARD OF SUPERVISORS
By:
Anna Lebesch, Ed.D., Chairman
ATTEST: APPROVED AS TO FORM AND
LEGALITY:
By: By:
Janice Loudermilk, Secretary Grady H. Williams, Jr., LL.M.,
Clay County Utility Authority General Counsel
(Seal)
CCUA Resolution No. 2024/2025-07
Exhibit "A"
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CLAY COUNTY UTILITY AUTHORITY
PROCUREMENT POLICY
Table of Contents
Section 1. Introduction
Section 2. Definitions
Section 3. Purchasing Mechanisms
Section 4. Purchasing Thresholds
Section 5. Solicitation Types
Section 6. Procedures for Formal Competitive Bid Process
Section 7. Exceptions
Section 8. Emergency Purchases
Section 9. Debarment
Section 10. Prohibitions
Section 11. General Law and Enabling Act
Section 12: Effective Date
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Section 1.Introduction
1.1. Purpose
1.1.1. The Clay County Utility Authority (the "Authority") establishes this Procurement Policy
for procuring materials, goods, and services. The Authority itemizes below the specific
objectives for this policy.
1.1.1.1. Strengthen transparency for the Authority's Board of Supervisors related to the
expenditure of public funds for the operation of the utility and the construction of
capital infrastructure.
1.1.1.2. Ensure fair and equitable treatment of all persons and businesses seeking to do
business with the Authority.
1.1.1.3. Support board-based competition in the marketplace among Suppliers the Authority
procures goods and services from.
1.1.1.4. Improve operational efficiency.
1.1.1.5. Establish standards and controls for the procurement of materials, goods, and
services.
1.1.2. The Board of Supervisors considers open and fair competition for the Authority's business
essential to obtaining the best value goods and services in exchange for the rate payer's
money. The Board expects all transactions to be conducted in the open subject to Florida's
Public Records laws and scrutiny. The Authority considers integrity central to the public's
confidence in how the Authority's Staff conducts business.
1.1.3. This Procurement Policy shall supersede all prior Procurement Policies and procedures.
1.2. Responsibility
1.2.1. Board of Supervisors
1.2.1.1. The Authority's enabling legislation,Chapter 94-491,Laws of Florida, Special Acts
of 1994 (Special Act),which is duly recorded for public access and reference at OR
BK 1524, PG 1798, current public records of Clay County, Florida, establishes the
duties and responsibilities of the Board of Supervisors.
1.2.1.2. The Authority's Board of Supervisors shall establish with this Procurement Policy,
standards and purchase thresholds for the use by the Authority's Staff. In
accordance with the enabling legislation, the Board of Supervisors shall expect the
Executive Director to execute this policy in general conformance with industry
standards and the laws, ordinances, rules, and regulations of the United States of
America, the State of Florida, and Clay County, Florida.
1.2.1.3. The Board of Supervisors reserves exclusively unto itself the power and authority
to waive the policies contained herein. The Board of Supervisors shall not delegate
this authority. The Authority's Staff shall submit any and all requested waivers of
this Procurement Policy to the Board of Supervisors for consideration and approval.
All requested waivers submitted by the Authority's Staff shall contain an
explanation of the facts, circumstances, and reasons why such waiver is necessary.
1.2.2. Executive Director
1.2.2.1. The Executive Director serves as the agent of the Board of Supervisors in
accordance with the Special Act.
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1.2.2.2. The Executive Director shall execute the business of the Authority in conformance
with the Procurement Policy adopted by the Board of Supervisors.
1.2.2.3. To properly execute this Procurement Policy,the Executive Director shall establish
an organizational hierarchy with positions to carry out clearly defined duties and
responsibilities.
1.2.2.4. The Executive Director shall establish written Standard Operating Procedures
(SOPs) for the proper execution of this policy guiding procurement activities.
1.2.2.4.1. The Executive Director, or their designee, shall maintain controls for all
Purchasing Mechanisms described in Section 3.
1.2.2.4.1.1. Controls for Purchasing Mechanisms shall maintain numerical
sequenced files.
1.2.2.4.2. The Executive Director, or their designee, shall maintain controls for all
Warrants.
1.2.2.4.2.1. The Authority's Staff shall provide a list of all warrants for issuance
and voiding to the Board of Supervisors for approval.
1.2.2.4.2.2. The Executive Director, or their designee, shall maintain records for
all warrants used.
1.2.2.5. The Executive Director shall also prepare for approval by the Board of Supervisors
standard contract templates for use with the SOPs.
1.2.2.6. The Executive Director shall ensure the Procurement Policy and SOPs remain
readily available to the Authority's Staff, the public, and any party interested in
engaging in business with the Authority. The policy considers readily available to
mean either accessible on the Authority's website, publicly accessibly public
records, electronic copy on the Authority's network, or hard copies ready for
release.
1.3. The Authority shall retain, make available, and dispose of all Procurement Records in accordance
with the State of Florida public records law, Chapter 119, Florida Statutes.
1.4. Nondiscrimination Compliance: The Authority is a public body which does not discriminate
regardless of race, religion, nationality, or gender in the bidding and award process for contracts
and commodities. Pursuant to s. 287.05701, Florida Statutes, as amended, the Authority may not
request documentation of or consider a Supplier's social, political, or ideological interests when
determining if the Supplier is a responsible Supplier and may not give preference to a vendor based
on the Supplier's social, political, or ideological interests.
1.5. The Authority continuously works to improve policies, procedures, and the systems used. The
Authority's Board of Supervisors intends for the Procurement Policy to be subject to continuous
quality improvement. To achieve this objective, the Authority's Board of Supervisors and the
Executive Director invite and encourage the Authority's Staff and Suppliers to provide feedback
and suggested improvements to better service the Authority's customers.
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1.5.1.1. Section 2. Definitions
2.1. Definitions: The following words, terms and phrases, when used in this Procurement Policy, shall
have the meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
2.1.1. Addendum; Addenda: An addition or supplement to a document, for example, items or
information added to a solicitation, contract, or agreement.
2.1.2. Additional Insured:An individual or entity that is covered under another party's insurance
policy.
2.1.3. Agreement: A duly executed and legally binding Contract. See definition of Contract
below.
2.1.4. Amendment: A revision or change to a document such as, any written alteration in
specifications, delivery point, rate of delivery, period of performance, brand or model,
price, quantity, scope, term, or other provisions of any Contract accomplished by mutual
action of the parties to the Contract. Such a modification if not provided for in the original
Contract must be effective by a formal revision to the Contract.
2.1.5. Authority's Employee Handbook: The Board of Supervisors' currently adopted policies
and practices that provide direction and guidance to employees.
2.1.6. Authority's Attorney: Legal counsel for the Board of Supervisors or legal counsel
appointed by the Board of Supervisors.
2.1.7. Authority's Staff: Employees of the Authority.
2.1.8. Award:Approval by the Authority's Board of Supervisors of a submitted bid, proposal, or
qualifications.
2.1.9. Best Final Offer: The final proposal submitted after negotiations are completed, which
contains the bidder's most favorable terms for price and goods or services to be delivered.
2.1.10. Best Interest of the Authority: The rationale granting discretion in taking action most
advantageous to the Authority in compliance with the Laws, Rules, Regulations, and
Ordinances that regulate the Authority.
2.1.11. Best Value: The highest overall value to the state based on factors that include, but are not
limited to,price, quality, design, and workmanship. (Florida Statutes 287.012 (4)).
2.1.12. Bid: A competitive price offer made by an intended seller, normally by written notice,
offered in response to a formal request to prospective bidders.
2.1.13. Bid Bond: Certified check, cashier's check, bank money order, bank draft of any national
or state bank, surety bond or cash deposited with and as instructed by the prospective
purchaser to guarantee the bidder will, if selected, accept the Contract in accordance with
the Bid. If the bidder does not accept the contract, he forfeits the amount of deposit.
2.1.14. Bidder:Any person or business submitting a response to a Request for Bids, or Alternative
Formal Competitive Process(as defined in Section 6.2 below),and shall include all owners,
shareholders, principals, officers, employees and agents thereof.
2.1.15. Proposed Bidders List:A computerized database of businesses that have expressed interest
in submitting quotes and bids to the Authority.
2.1.16. Board; Board of Supervisors: The governing body of the Authority, as defined by, and
whose duties and responsibilities are established by, the Special Act.
2.1.17. Budget: A financial plan for a specified period of time (usually a single fiscal year) that
balances anticipated revenues with proposed expenditures.
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2.1.18. Budget Amendment: A change to an adopted budget that may increase or decrease a fund
total.
2.1.19. Business:Any corporation,partnership, individual, sole proprietorship,joint venture,joint
stock company, or any other legal entity engaged in the commercial provision of goods or
services.
2.1.20. Business Day:Any 24-hour day that is not a Saturday, a Sunday, or a holiday observed by
the Authority.
2.1.21. Calendar Day: Every day shown on the calendar, Saturdays, Sundays, and holidays
included.
2.1.22. Capital Improvement Program (CIP): The Authority's systems and processes to identify,
scope, budget, plan, design, permit, bid, construct, and implement either new, expanded,
or rehabilitated utility infrastructure. The Board of Supervisors adopts the five(5)year CIP
with an annual resolution.
2.1.23. Change Order: A written amendment, extension, renewal, modification, or similar type of
document that affects a change to the original contract, agreement, or purchase order.
2.1.24. Chief Financial Officer: The member of the Authority's Staff who reports to the Executive
Director and maintains budgeting and financial reporting responsibilities.
2.1.25. Competition: The process by which two (2) or more bidders vie to secure the business of a
purchaser by offering the most favorable terms as to price, quality, delivery and/or service.
2.1.26. Construction: The process of building, altering, improving, expanding, or demolishing any
pipelines, wells, structures, buildings, facilities, or other improvements including
roadways, utilities, and facility site work.
2.1.27. Construction Contractor: Any person, business, company, firm, corporation, organization,
etc., appropriately licensed by the State of Florida to provide construction services.
2.1.28. Consultant: Independent contractors who are considered to have education, specialized
knowledge, experience or abilities not generally available within the CCUA.This includes,
but is not limited to, accountants, actuaries, appraisers, architects, artists, auditors,
counselors, designers, economists, educators, engineers, financial analysts, legal advisors,
lobbyists, management and systems analysts, medical practitioners, planners, promoters,
researchers, scientists, sociologists, surveyors, or trainers.
2.1.29. Consultants' Competitive Negotiation Act (CCNA): The definitions and procedures
established by Florida Statutes Section 287.055 setting the requirements for acquisition of
professional architectural, engineering, landscape architectural, or surveying and mapping
services.
2.1.30. Cone of Silence Rule: A prohibition from contact during the formal competitive bidding
process specifically set forth in Section 6.4 of this Procurement Policy.
2.1.31. Contract: Contractual instrument, including,but not limited to, contracts, leases, interlocal
agreements, grants, sales agreements, service agreements, joint participation agreements,
maintenance agreements, attachments, change orders, addenda, bonds, fee schedules, and
any other related or similar types of documents for incorporation into the contractual
agreement.
2.1.32. Contract Piggybacking: A form of intergovernmental cooperative purchasing in which an
Agency of the State of Florida requests competitive sealed bids, enters into a Contract, and
arranges, as part of the Contract, for another Agency of the State of Florida(as defined in
Section 3.2.7.2.1.1) to purchase from the selected bidder under the same terms and
conditions as itself.
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2.1.33. Contractor: A person who contracts to sell commodities or contractual services to the
Authority(Florida Statutes Section 287.012 (7)).
2.1.34. Contractual Services: Services provided to the Authority under contract, agreement, or
purchase order in which charges, effective periods, and scope of work are defined.
Examples of contractual services are janitorial services, maintenance services, mechanical
services, and construction services.
2.1.35. Continuing Contract:A contract for any of the following: (i) Professional services entered
into in accordance with all the procedures of the CCNA between an agency and a firm
whereby the firm provides professional services to the agency for projects in which the
estimated construction cost of each individual project under the contract does not exceed
$7.5 million. Beginning July 1, 2025, and each July 1 thereafter, the Department of
Management Services for the State of Florida(DMSSF) shall adjust the maximum amount
allowed on the preceding June 30 for each individual project in a continuing contract by
using the change in the June-to-June Consumer Price Index for All Urban Consumers
issued by the Bureau of Labor Statistics of the United States Department of Labor. DMSSF
shall publish the adjusted amount on its website; (ii) Study activity if the fee for
professional services for each individual study under the contract does not exceed
$500,000; or (iii) Work of a specified nature as outlined in the contract required by the
agency, with the contract being for a fixed term or with no time limitation except that the
contract must provide a termination clause. Firms providing professional services under
continuing contracts may not be required to bid against one another.
2.1.36. Cost Center Manager: See Department Managers.
2.1.37. Counsel:An attorney who is a member of the Florida Bar in good standing.
2.1.38. County: Clay County, Florida.
2.1.39. Debarment: The exclusion of a person or company from participating in a procurement
activity for an extended period of time.
2.1.40. Department: The divisions within the organizational hierarchy defined by the Executive
Director within the annual Budget for the execution of Authority business and delivery of
services to customers.
2.1.41. Department Managers: The professionals hired by the Executive Director to lead and
manage the Departments within the organizational hierarchy.
2.1.42. Design-build:A project delivery method in which the Authority enters into a single contract
with a single entity or company to complete the design, permitting, and construction of a
single project.
2.1.43. Design-Build Contracts: This term has the same meaning as stated in Section 287.055,
Florida Statutes (the CCNA), or its successor in function.
2.1.44. Designee:A duly authorized representative of the person holding a superior position.
2.1.45. Discount: Supplier's deduction from the selling price, usually contingent upon some cost
reducing condition such as prompt payment.
2.1.46. Emergency: Any condition that may affect the health, safety, and welfare of the citizens
within the service area of or the facilities of the Authority. An Emergency may include
conditions stopping or seriously impairing the necessary functions of the Authority.
2.1.47. Employee:An individual employed by the Authority drawing a salary or wages.
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2.1.48. Evaluation Committee: A committee of qualified Authority Staff established by the
Executive Director to conduct evaluations of responses to procurement Solicitations to
provide recommendations to the Executive Director and the Authority's Board of
Supervisors.
2.1.49. Executive Director: The Chief Executive Officer of the Authority appointed by the Board
of Supervisors as their agent in accordance with the Special Act.
2.1.50. Expenditure: Disbursement of financial resources for the procurement of materials, goods,
or services.
2.1.51. Expense: the cost required for something; the money spent on something.
2.1.52. Finance Committee: The collegial body consisting of members of the Authority's Board of
Supervisors appointed by the Chairperson of the Board each Fiscal Year to hear financial
and audit issues prior to consideration by the full Board of Supervisors.
2.1.53. Fiscal Year: The Authority established October 1 through September 30 as the Fiscal Year
for budgeting and financial operations purposes.
2.1.54. Formal Written Protest:
2.1.55. Goods: An article of trade, a movable article of value, something that is bought or sold;
any movable or tangible thing that is produced or used as the subject of barter or sale;
includes but is not limited to supplies, materials, equipment.
2.1.56. Grant: A contribution of assets (usually cash) by one governmental unit or other
organization to another for a specific purpose and frequently made conditional upon
specific performance by the grantee.
2.1.57. Infrastructure: The buildings, structures, pipes, pumps, controls (hardware and software),
parts, materials, and equipment to provide potable water, wastewater, reclaimed water
services to customers within the Authority's service area.
2.1.58. Invitation to Negotiate (ITN): 1. A competitive negotiation process that is used when the
procurement authority deems it is in their best interest to negotiate with proposers to
achieve "best value." 2. A form of source selection that is similar to the Request for
Proposals process. In this process, a short list of acceptable proposers is created. Two
negotiation methods are permitted: single and concurrent. (source:
https://www.nigp.org/dictionary-of-terms?search=Invitation+to+Negotiate+%28ITN%29)
2.1.59. Invoice:An itemized bill stating prices,quantities of goods,and/or earned value of services
provided.
2.1.60. Inventory:The supply of materials,parts,tools,and equipment the Authority keeps in stock
to maintain operations.
2.1.61. Lease: A contract conveying from one person to another real estate or goods for a term in
return for a specified rent, payment, or other compensation.
2.1.62. Maintenance: The act of keeping equipment, structures, buildings, facilities in good
working condition.
2.1.63. No Bid:A response to a Request for Bids or other Alternative Formal Competitive Process
(as defined in Section 6.2 below) stating that the bidder does not wish to submit a bid.
2.1.64. Notice of Intended Decision: A written announcement of an intended decision concerning
a solicitation, contract award, or exceptional purchase by the Authority.
2.1.65. Notice of Intent to Award:A written announcement of award of a contract by the Authority
to Supplier(s).
2.1.66. Notice of Protest: A written notice by any person who is adversely affected by the
Authority's Notice of Intended Decision, including any Notice of Intent to Award, or with
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respect to the terms, conditions, and specifications contained in a solicitation, including
any provisions governing the methods for ranking bids, proposals, replies, awarding
contracts, reserving rights of further negotiation, or modifying or amending any contract,
which is required to be filed with the Authority within 72 hours after the posting of the
Notice of Intended Decision, including any Notice of Intent to Award, or of the solicitation,
as provided for under s. 120.57(3)(b), Florida Statutes.
2.1.67. Notice of Rejection:A written announcement of the rejection by the Authority of submitted
bids, proposals, or qualifications by Supplier(s).
2.1.68. Over the Counter(OTC)Transaction:An authorized purchase performed by the Authority's
Staff at a local business purchasing goods or services using a P-Card, within the purchase
authorization limits established in Section 4 of this Procurement Policy.
2.1.69. P-Card Administrator: Individual(s) appointed by the Procurement Manager to support the
administrative functions of the Procurement Card Program within the Authority.
2.1.70. P-Card Holder: The individual issued a Procurement Card that is responsible for all
transactions made on the card account.
2.1.71. Performance Evaluation: A process of evaluating, measuring, and monitoring the quality,
delivery, timeliness, and responsiveness of a Supplier,Vendor, Consultant, Contractor, etc.
2.1.72. Pre-Bid Conference:A meeting that is scheduled in a request for the purpose of providing
clarification as needed. Substantive questions raised at a pre-bid conference are answered
in writing and may modify the request.
2.1.73. Procurement Manager: A member of the Authority's staff who the Executive Director has
charged with the responsibility of properly executing procurement activities consistent
with this Procurement Policy.
2.1.74. Professional Services: Any service provided by an individual or company requiring a
specialized area of education, knowledge, skill, or licensure to complete. Professional
services may include, but are not limited to, lawyers, accountants, auditors, computer
programmers, computer scientists, cybersecurity analysts, data scientists, environmental
scientists, geologists, hydrogeologists, insurance brokers, etc.
2.1.74.1. Those services within the scope of the practice of architecture, professional
engineering, landscape architecture, or registered surveying and mapping, as
defined by the laws of the state, or those performed by any architect, professional
engineer, landscape architect,or registered surveyor and mapper in connection with
his or her professional employment or practice. In the event of any statutory change
in the definition of Professional Services under s. 287.055(2)(a), Florida Statutes,
such change shall be self-executing, and such statutory definition shall thereafter
apply under this Procurement Policy to the Authority.
2.1.75. Project: A single project within the CIP the Authority Staff manages from scoping,
budgeting, planning, designing, permitting, biddings, constructing, and implementing for
either new, expanded, or rehabilitated utility infrastructure.
2.1.76. Proposal: An offer made by one party to another as a basis for negotiations for entering
into a contract, agreement, or purchase order.
2.1.77. Protest Period: A period that commences with the Authority's posting of its Notice of
Intended Decision, including any Notice of Intent to Award, or the posting of a solicitation,
and which ends upon the earlier of (i) 72 hours thereafter, excluding any Saturdays,
Sundays, and state holidays in the computation of such 72-hour period, without any
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adversely affected person timely filing with the Authority its Notice of Protest, or (ii) 10
days after the timely filing of an adverse person's Notice of Protest.
2.1.78. Protest Petition: The statutorily required formal written protest by any person adversely
affected by the Authority's decision or intended decision regarding contract solicitation or
award process, who has timely filed its Notice of Protest with the Authority. The Protest
Petition shall state with particularity the facts and law upon which the protest is based, and
is required to be filed with the Authority within 10 days after the date the corresponding
Notice of Protest is filed. See s. 120.57(3), Florida Statutes, for additional requirements.
2.1.79. Purchase Order (P.O.): A written contract between the Authority and a Supplier using a
standardized form clearly stating either the services to be rendered or quantity of goods
purchased with reference the Authority's standard terms and conditions for the transaction.
2.1.80. Procurement: The procedures for obtaining goods or services, including all activities from
the planning steps and preparation and processing of a requisition, through receipt and
acceptance of delivery and processing of a final invoice for payment.
2.1.81. Purchase in Bulk: Purchasing in large quantities to seek a lower price per unit(i.e., volume
purchasing).
2.1.82. Procurement Card (P-Card) Program: A payment method used by the Authority's Staff to
buy goods or services directly from Suppliers within pre-approved Authority levels and
spending limits (as defined in Section 4 of this Procurement Policy).
2.1.83. Quote; Quotation:A statement of price, terms of sale, and description of goods or services
offered by a prospective Supplier to a prospective purchaser, usually for purchases below
the amount requiring formal bidding. A written "no quote" shall count as a quote for
procurement purposes.
2.1.84. Repair: The act of returning equipment, structures, building, or facility to their original
functionality or state.
2.1.85. Request for Bids(RFB) or Invitation for Bids (IFB):A procurement method used to solicit
competitive sealed bid responses, sometimes called formal bids,when price is the basis for
award. (Source: https://www.nigp.org/dictionary-of-terms?letter=i&page=9)
2.1.86. Request for Proposal (RFP): The document used to solicit proposals from potential
providers (proposers) for goods and services. Price is usually not a primary evaluation
factor. An RFP provides for the negotiation of all terms, including price, prior to contract
award.May include a provision for the negotiation of best and final offers.May be a single-
step or multistep process. (Source: https://www.nigp.org/dictionary-of-
terms?search=Request+for+Proposals&page=1)
2.1.87. Request for Qualification (RFQ): A document that is issued by a procurement entity to
obtain Statements of Qualifications (SOQ) of responding businesses or companies
(development teams or consultants) with specific expertise or licensing to complete
assignments for the Authority.
2.1.88. Requisition:An internal Authority document completed by the Authority's Staff requesting
either the issuance from existing Authority inventory or the purchase of specific goods and
services needed to maintain operations or complete assigned tasks, assignments, or
projects.
2.1.89. Resolution:A legislative enactment by the Board of Supervisors of the Authority, requiring
less legal formality than an ordinance or statute.
2.1.90. Responsible Bidder: A person who has the capability in all respects to perform in full the
contract requirements, along with the experience, capacity, facilities, equipment, credit,
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sufficient qualified personnel, and having a record of timely and acceptable past
performance and the integrity and reliability that will assure good faith performance.
2.1.91. Responsive Bidder:A Responsible Bidder that has submitted a bid, proposal, or reply that
conforms in all material affects to the bid request.
2.1.92. Sealed Bid: A bid that has been submitted in a sealed envelope, or procurement portal, to
prevent its contents from being revealed or known before the deadline for the submission
of all bids.
2.1.93. Senior Leadership Team ("SLT"): The Authority's executive leadership team established
by the Executive Director.
2.1.94. Service: The furnishing of labor, time, or effort by a contractor, consultant, or similar
person or entity to accomplish a contracted task or assignment.
2.1.95. Single Source:An award for a good or service that can be purchased from multiple sources,
but in order to meet certain functional or performance requirements(repair parts, matching
existing equipment or materials), there is only one economically feasible source for the
purchase. Single Source procurements shall comply with Florida Statutes Section 287.057.
2.1.96. Sole Source: An award for a good or service that can be purchased from the only known
capable Supplier, occasioned by the unique nature of the requirement.
2.1.97. Solicitation: A Request for Bids, Invitation for Bids, ITN, Request for Proposals, Request
for Qualifications, or any document used to obtain bids,proposals, or qualifications for the
purpose of entering into a contract.
2.1.98. Solicitation Decision:A decision by the Board of Supervisors either to award a Solicitation
contract or to reject all Solicitation Responses.
2.1.99. Solicitation Evaluation: The approach for recommended selection of the Solicitation
Award, which shall be based on the requirements set forth in the Solicitation documents.
The evaluation may include criteria to determine acceptability such as inspections, testing,
quality, workmanship, delivery, and suitability for a particular purpose and to existing
systems and equipment. It may also be based on total and life cycle costs as well as freight,
set-up, or installation charges.
2.1.100. Solicitation Response Opening: The process of opening and reading of submitted
Solicitation Responses and/or advertisement, and in the presence of all who wish to
attend.
2.1.101. Solicitation Period: A period that commences upon the publication of the notice of a
Solicitation and ends upon the Authority's Board of Supervisors Notice of Intended
Decision, including any Notice of Intent to Award, becoming final (i.e. after the
termination of the Protest Period, without both a Notice of Protest and Protest Petition
having been timely filed with the Authority by an adversely affected person.).
2.1.102. Solicitation Protest: The statutory and procedural process for an adversely affected
person to legally object to the Authority's contract solicitation or award process with the
intention of achieving a remedial result, which is filed under Section 6.14 and s.
120.57(3), Florida Statutes.
2.1.103. Solicitation Response: A Supplier's formal written response to a Solicitation,which may
be in the form of a proposal, qualifications,bid, or other document corresponding to that
specific Solicitation.
2.1.104. Solicitation Tabulation: A recording of responding Suppliers and abstract of their
submitted bids, proposals, or qualifications listing items offered, prices, deliveries, etc.,
10
in response to specific requests in a Solicitation, made for purposes of comparison and
record-keeping.
2.1.105. Special Act: The enabling legislation which created CCUA (the Authority) as an
independent special district of the State of Florida, being Chapter 94-491, Laws of
Florida, Special Acts of 1994, which is duly recorded for public access and reference at
OR BK 1524, PG 1798, current public records of Clay County, Florida.
2.1.106. Splitting Purchases: The prohibited act of separating a single purchase into two (2) or
more purchases to avoid the limitations and requirements set forth in this Procurement
Policy.
2.1.107. Staff: See Authority Staff or Employee
2.1.108. Statute:A written law enacted by a duly organized and constituted legal body.
2.1.109. Supplemental Agreements:Additional agreements made to a Continuing Contract related
to specific scopes of work, fees, and schedules.
2.1.110. Supplier: An individual or business that provides goods or services, usually for other
than low cost, low-risk, and short-term engagements. See also: Vendor (Source:
https://www.nigp.org/dictionary-of-terms?search=Supplier&page=1)
2.1.111. Vendor: A seller of goods or services whereby the exchange is solely transactional.
"Supplier"is the preferred term when a longer-term or strategic relationship is involved.
See also: Supplier. (Source: https://www.nigp.org/dictionary-of-
terms?search=Vendor&page=1).
2.1.112. Warrants: The established form or forms by the Executive Director and Chief Financial
Officer for the disbursement of Authority funds.
2.2. Procurement Process Diagrams
Over the Counter(OTC) Transactions
Local P-Card Submit Accounts
Business Purchase Receipt Payable
Supplies Flow Diagram
Supplier Receipt of Receipt of Accounts
Need Requisition Contract/ Matierals Invoice Payable
PO
Supplier Services Flow Diagram
Need Requisition Services Receipt of Receipt of Accounts
Contract/PO Services Invoice Payable
11
Professional Services Flow Diagram
211.
Services Supplemental Services Monthly Accounts
Requisition Contract Agreement Provided Invoice of Payable
Progress
Construction Services Flow Diagram
21 1 I I I I 1,211.
niEN� "2 la_
Section 3. Purchasing Mechanisms
3.1. The Authority intends to use industry standard practices and contracting mechanisms to procure
goods and services to provide safe, reliable, and cost-effective water, wastewater, and reclaimed
water services to our customers.
3.2. The Authority's Staff shall use one of the following contracting mechanisms to procure goods and
services.
3.2.1. Purchasing Card(P-Cards)
3.2.1.1. The Authority's Staff may use P-Cards for transactions with local businesses.
3.2.1.2. The Authority's Staff may use P-Cards for on-line purchases of goods, supplies, or
equipment if sufficient due diligence described in Section 4 is provided.
3.2.1.3. The Authority's Staff may use P-Cards for approved business travel expenditures.
3.2.1.4. The Authority's Staff will use P-Cards within the purchase authorization limits
established in Section 4 of this Procurement Policy.
3.2.2. Credit Card
3.2.2.1. The Authority's Staff may use approved credit cards, including fleet fueling cards,
to conduct the business of the Authority.
3.2.2.2. The Authority's Staff may use the credit cards for purchases of goods, supplies, or
equipment from on-line vendors so long as sufficient due diligence described in
Section 4 (of this Procurement Policy) is provided.
3.2.2.3. The Authority's Staff may use P-Cards for approved business travel expenditures.
3.2.3. Purchase Order(PO)
3.2.3.1. The Authority's Staff may use POs to conduct the business of the Authority.
3.2.3.2. The Authority's Staff may use POs for individual purchases or purchases under an
approved supplier contract.
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3.2.3.2.1. If a PO is used to purchase goods or services under a supplier Contract, the
PO shall reference the specific supplier Contract.
3.2.3.3. The Authority's Staff shall identify specific quantities of goods, parts, material, or
equipment being purchased with a PO.
3.2.3.4. If the Authority's Staff uses a PO for services from a supplier or vendor, the
Authority's Staff shall list the specific services and associated fees on the PO.
3.2.3.5. POs shall reference the Authority's standard terms and conditions established for
POs. (https://www.clayutility.org/projects/documents/CCUA_PO_Terms.pdf)
3.2.3.6. Other than negotiated price, quantity, payment methods, delivery dates, and
description of materials or services, the Authority's Staff shall not accept the terms
and conditions from a supplier without the express written approval by the
Authority's Procurement Manager, the Executive Director, and if the Executive
Director deems a review necessary by the Authority's legal counsel.
3.2.3.7. The Authority's Staff will use POs within the purchase authorization limits
established in Section 4 of this Procurement Policy.
3.2.4. Contracts
3.2.4.1. The Authority's Staff may use contracts to conduct the business of the Authority.
3.2.4.2. The Authority's Staff shall establish standard contract templates for use under this
policy.
3.2.4.2.1. The Authority's Board of Supervisors shall approve the standard contract
templates developed by the Authority's Staff prior to use.
3.2.4.2.1.1. The Authority's standard contract template shall establish standard
terms and conditions.
3.2.4.2.1.1.1. The Authority's Staff shall recommend standard insurance
requirements appropriate for the work contracted.
3.2.4.2.2. For construction contracts,Builders Risk Insurance shall always remain the
responsibility of the contractor. All contracts outside the standard contract
templates shall be approved by the Authority's Board of Supervisors.
3.2.4.3. Contracts shall include specific time periods identified for the performance by the
supplier, vendor, contractor, etc.
3.2.4.3.1. Contract time periods may be extended upon written mutual agreement
between the two parties.
3.2.4.3.2. The Authority prohibits the automatic renewal of Contracts.
3.2.4.3.3. The Authority establishes a maximum duration of five (5) years for
Contracts.
3.2.4.4. The Authority's Staff may engage suppliers to purchase specific goods, parts,
materials, or equipment on a unit price basis for a specified period(e.g. a year).
3.2.4.4.1. Exclusive contracts are prohibited.
3.2.4.4.2. The Authority's Staff shall establish internal controls to requisition, order,
receive, and pay for purchases of goods, parts, materials, or equipment
under a supplier Contract.
3.2.4.4.3. The Authority's Staff shall re-bid supplier contracts at a maximum of every
three (3) years for goods, parts, materials, or equipment considered
commodities to ensure competitive pricing.
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3.2.4.4.3.1. The Authority does not consider specialty equipment such as meters,
Process Logic Controllers (PLCs), and other such devices a
commodity. Specialty equipment suppliers are exempt for the re-
bidding on an annual basis requirement.
3.2.4.4.3.2. The Authority's Staff shall review market pricing of commodity
goods, parts, materials, or equipment every fiscal year to confirm
and document the Authority is receiving competitive pricing.
3.2.5. Continuing Contract with Supplemental Agreements
3.2.5.1. The Authority's Staff may use Continuing Contracts to conduct the business of the
Authority.
3.2.5.2. The Authority's Board of Supervisors shall approve all Continuing Contracts.
3.2.5.3. Once a Continuing Contract is approved by the Authority's Board of Supervisors,
the Authority's Staff shall use Supplemental Agreements for specific tasks,
assignments, or projects.
3.2.5.3.1. The Authority's Board of Supervisors shall approve Supplemental
Agreements.
3.2.5.3.2. Supplemental Agreements shall include specific scopes of work, schedules,
and fees.
3.2.5.4. Continuing Contracts shall include specific time periods identified for the
performance by the supplier, vendor, contractor, etc.
3.2.5.4.1. Contract time periods may be extended upon written mutual agreement
between the two parties.
3.2.5.4.1.1. The Authority prohibits the automatic renewal of contracts.
3.2.5.4.2. The Authority establishes a maximum period of five (5) years for
Continuing Contracts.
3.2.5.5. The Authority's Staff shall procure Continuing Contracts for the professional
services of Architects, Landscape Architects, Engineers, Surveyors consistent with
the State of Florida's Consultants' Competitive Negotiation Act(CCNA).
3.2.5.5.1. The definitions and procedures established by Florida Statutes Section
287.055 sets the requirements for acquisition of professional architectural,
engineering, landscaping architectural or land-surveying services.
3.2.6. Other State or Government purchasing contracts
3.2.6.1. The Authority's Staff may use other State of Florida or Government purchasing
contracts or support organization bid lists with advance approval by the Board of
Supervisors.
3.2.6.1.1. Such State or Government contracts should have been publicly advertised
and competitively bid.
3.2.6.1.2. Such State or Government contracts or support organization bid lists
include, but not limited to, those listed below.
3.2.6.1.2.1. Florida Department of Management Services
3.2.6.1.2.2. Florida League of Cities
3.2.6.1.2.3. Florida Association of Counties
3.2.6.1.2.4. Florida Sherriff's Association
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3.2.6.2. The Authority's Staff may use the Cooperative Purchasing Program offered by the
U.S. General Services Administration with advance approval by the Board of
Supervisors.
3.2.6.2.1. The Authority's Staff shall document how the use of the Cooperative
Purchasing Program is cost effective and in the Best Interest of the
Authority as permitted by applicable law.
3.2.6.3. When using a State or Government purchasing contract, the Authority's Staff shall
use a PO referencing the purchasing contract name, number, etc. for proper
identification along with either the specific items and quantities or services being
procured.
3.2.7. Contract"Piggybacking"
3.2.7.1. The Authority's Staff,with prior written approval of the Board of Supervisors,may
"piggyback"the contracts with the State of Florida, or with any agency thereof.
3.2.7.2. Such contracts the Authority would "piggyback" must have been publicly
advertised and competitively bid consistent with the Authority's enabling
legislation, Chapter 94-491.
3.2.7.2.1. Such State agency or subdivision of include, but are not limited to, those
listed below.
3.2.7.2.1.1. Agencies of the State of Florida
3.2.7.2.1.2. Departments of the State of Florida
3.2.7.2.1.3. Political subdivisions
3.2.7.2.1.4. Public boards
3.2.7.2.1.5. Public universities
3.2.7.2.1.6. Community colleges
3.2.7.2.1.7. Special districts
3.2.7.2.1.8. Municipalities
3.2.7.2.1.9. Community Development Districts
3.2.7.2.1.10. School districts
3.2.7.2.1.11. School boards
3.2.7.3. The Authority's use of Contract "Piggybacking" may require either: (i) a
contractual provision in the subject Contract authorizing the Authority to
"piggyback" that Contract, (ii) an interlocal agreement, or (iii) a letter from the
agency possessing the Contract the Authority desires to "piggyback" on.
3.2.7.4. Chapter 287 and s. 189.053, Florida Statutes grant the authority to piggyback the
purchase of Goods and Contractual Services.
3.2.7.4.1. Professional Services subject to the CCNA, Section 287.055, Florida
Statutes, and Public Construction Works, Sections 255.0525 and 255.20,
Florida Statutes, are excluded from the authority to piggyback.
3.2.7.4.2. Note: Piggybacking is an efficiency exception and not really an exception
to competition. If another agency has already conducted a competitive
procurement, piggybacking exception recognizes that at times it may be
more efficient for other agencies to use the preexisting contract. This may
result in both time and cost savings,particularly in a period of rising prices.
Piggybacking is limited to circumstances in which the terms and conditions
of the new contract,including scope,must be substantially the same as those
15
of the existing contract. Use of the piggyback exception is not appropriate
if the piggyback contract increases the volume of goods or services
procured.An agency may not use the preexisting contract as a basis to begin
negotiations for a broader or materially different contract. See Accela, Inc.
v. Sarasota County, 993 So.2d 1035 (Fla. 2d DCA 2008), holding that the
terms, including scope, of the new contract must be substantially the same
as those of the existing contract. The above Note is an abridged summary
of the corresponding provision of s. 3:4, Florida Procurement Handbook,
Goldstein, pp. 58-59 (2010-2011).
3.2.8. Design-Build or Construction Manager at Risk(CMAR) Contracts
3.2.8.1. The Authority may elect to use Design-Build or CMAR Contracts when
circumstances warrant for the design and construction of infrastructure to be owned
and operated by the Authority.
3.2.8.1.1. The Executive Director shall provide the Board of Supervisors an advanced
briefing regarding the use of a Design-Build Contract for a particular CIP
Project.
3.2.8.1.2. The Board of Supervisors shall make the final decision regarding the use of
a Design-Build or CMAR Contract prior to its use.
3.2.8.1.3. The Authority shall award Design-Build or CMAR Contracts in accordance
with the requirements of Section 287.055, Florida Statutes (the CCNA), or
its successor in function.
3.3. The Executive Director shall conduct emergency operations or responses as necessary to protect
public health and safety. Emergency purchases made in the course of emergency operations or
responses shall be ratified by the Board of Supervisors after the fact in accordance with Section 8
of this policy.
Section 4. Purchasing Threshold Amounts
4.1. Formal Purchases
4.1.1. Procurements shall be considered Formal Procurements under this policy following the
criteria listed below.
4.1.1.1. The procurement of supplies or services with an aggregate of estimated costs and
fees that exceed an annual threshold of$300,000 per individual supplier.
4.1.1.2. The procurement of operations and maintenance services or supplies when the
estimated cost and fees exceed an annual threshold of $300,000 per individual
supplier.
4.1.2. Formal Purchases require competitive publicly advertised solicitations.
4.1.3. Public Construction Works including Public Facility Improvements and Electrical Work.
4.1.3.1. All Contracts for: (1) the Construction or improvement of a public building or
structure, or for any other public Construction work, that is estimated to cost more
than$300,000 or(2)electrical work for a project that is estimated to cost more than
$75,000, must be competitively awarded pursuant to the requirements of Section
255.20,Florida Statutes,unless a)the proposed Construction falls within one of the
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exemptions listed in Section 255.20(1)(c)1.-8., Florida Statutes, or b) the Board
determines that it is in the public's best interest to utilize the exemption procedures
contained in Section 255.20(1)(c)9.-10., Florida Statutes, relating to the use of its
own Services, Employees and equipment, or the award of work to a private
Contractor, respectively.
4.1.3.1.1. The threshold amounts of $300,000 for construction or $75,000 for
electrical work, as specified above, must be adjusted by the percentage
change in the Engineering News Record's Building Cost Index from
January 1, 2009, to January 1 of the year in which the project is scheduled
to begin.
4.1.3.1.2. The Executive Director shall release annually the corresponding adjusted
threshold amounts referenced above, adjusted to the current calendar year.
4.1.3.1.3. The Authority is authorized to rely on the provisions of s. 255.20, Florida
Statutes, as the threshold for requirement of compliance with competitive
bidding requirements under Section 17 of the Special Act, by virtue of
Sections 3.(1), 21.(1) and(3), and Section 23 of the Special Act, s. 1.01(8),
Florida Statutes, Chapter 189, Florida Statutes, and Applicable Law.
4.1.3.2. In the event the subject work falls within one of the exemptions to the formal
solicitation process listed in this subsection, the Authority's Board of Supervisors
shall determine on a case-by-case basis whether to competitively award the work
or not.
4.1.3.2.1. In making a determination that it is in the public's best interest to use its
own Services, Employees and equipment to perform such work, the
Executive Director shall identify the project: provide the Authority's Board
of Supervisors a full cost estimate for using such resources, to include the
components and scope of the work, and the estimated cost of the project
fully accounting for all costs associated with performing and completing the
work, including employee compensation and benefits, equipment cost and
maintenance, insurance costs, and the cost of direct materials to be used in
the construction of the project, including materials purchased by the local
government, and other direct costs, plus a factor of 20 percent for
management, overhead, and other indirect costs; certify in writing to the
Authority's Board of Supervisors that sufficient technical expertise exists
in-house to engage in and substantially complete such Construction
projects; present the Authority's Board of Supervisors with a detailed
project plan describing critical elements, objectives and timelines; and
cause all funds to be segregated into a separate project account.
4.2. Informal Purchases
4.2.1. Procurements under the threshold established in 4.1.1 shall be considered Informal
Purchases.
4.2.2. Informal Purchases do not require competitive publicly advertised solicitations.
4.2.3. Informal Purchases may be procured consistent with the Standard Operating Procedures
established under 1.2.2.4. of this Procurement Policy.
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4.2.3.1. The Authority's Staff may use any of the standard contract mechanisms to procure
goods or services within the Informal Purchase threshold.
4.2.3.2. Procurement of goods or services using a P-Card shall be limited to a maximum of
$4,999.99 for a single purchase.
4.2.3.3. Informal Purchases under $9,999.99 require one (1) properly documented
quotation.
4.2.3.4. For Informal Purchases over $10,000.00, the Authority's Staff will provide three
(3)properly documented quotes.
4.2.3.4.1. If the Authority's Staff is unable to obtain three(3) documented quotes, the
Authority's Staff shall provide written documentation of their due diligence
to procure the goods or services sought.
4.2.3.5. The Authority's Staff shall post written notice in the Authority's procurement
electronic platform and website of Informal Purchases over$50,000 for a minimum
of seven (7) calendar days.
4.2.3.6. The Authority's Staff shall provide the Board of Supervisors a monthly report of all
Informal Purchases over $50,000.
4.3. In-House Construction: The Authority uses an in-house construction crew for improvements to its
utility systems, to the greatest extent possible under Florida Statutes Section 255.20, as amended
from time to time, and as further specifically authorized and approved by the Board of Supervisors
from time to time.
4.3.1. The Authority may use material, parts, equipment, tools, etc. from its existing inventory.
4.3.1.1. The Authority's use of material, parts, equipment, tools, etc. from its existing
inventory shall be billed against the in-house construction crew project.
4.3.2. The Authority's Staff may use POs or Contracts to purchase material, parts, equipment,
tools, etc. consistent with the Purchase Thresholds defined in Sections 4.1.1 and 4.2 of this
Procurement Policy, to complete their in-house construction crew assignments.
4.3.3. The Authority's Staff shall use competitively bid contracts to purchase material, parts,
equipment, tools, etc. when an in-house construction crew single purchase will exceed the
threshold established in Section 4.1.1. of this Procurement Policy.
4.4. Change Orders to PO's, Contracts, Contracts with Supplemental Agreements
4.4.1. The Executive Director, or their designee, may approve Change Orders to either 5% of the
contract price or$50,000, whichever is less.
4.4.2. The Authority's Board of Supervisors shall approve all Change Orders greater than
$50,000.
Section 5. Solicitation Types
5.1. P-Cards, Credit Cards, and OTC transactions
5.1.1. P-Cards, Credit Cards, and OTC transactions do not require solicitations.
18
5.1.2. The Authority expects its Staff to complete reasonable due diligence to demonstrate work
to provide value to customers by purchasing goods or services at low or reasonable costs.
5.2. Invitation to Bid(ITB) or Request for Bids (RFB)
5.2.1. The Authority shall advertise ITBs to secure supplier contracts for goods considered
commodities such as materials, parts, equipment, tools, vehicles, etc.
5.2.2. The Authority shall award Contracts through ITB based on price.
5.2.2.1. Businesses responding to ITBs shall demonstrate in their response their ability to
deliver the requested goods or services reliably and consistent with requirements in
the solicitation.
5.2.2.2. A Business' past performance shall demonstrate whether a business is a
Responsible Bidder.The Board of Supervisors may consider a Responding Bidder's
past performance when determining whether to award a Contract to that business.
5.2.2.2.1. The Board of Supervisors may elect, at its discretion, to award a contract
through an ITB to the next lowest bidder if the lowest, or all lower bidders'
past performance are considered poor.
5.2.3. The Authority shall follow the solicitation process established in Section 6 of this
Procurement Policy.
5.3. Request for Proposals (RFP)
5.3.1. The Authority shall advertise RFPs for either services or performance criteria that are
known or established.
5.3.2. The Authority shall award contracts through an RFP based on a grading matrix provided in
the solicitation.
5.3.2.1. The Authority considers qualifications, experience, performance, and price all
relevant to selecting businesses through an RFP.
5.3.2.2. Businesses responding to RFPs shall demonstrate in their response to a solicitation
their ability to deliver the requested services reliably and consistent with
requirements in the solicitation.
5.3.2.2.1. The Board of Supervisors may elect, at its discretion, to award a contract
through an RFP to the next highest scored business if the best, or higher,
scoring businesses'past performance are considered poor.
5.3.3. The Authority shall follow the solicitation process established in Section 6 of this
Procurement Policy.
5.4. Request for Qualifications (RFQ)
5.4.1. The Authority shall advertise RFQs for when professional expertise, experience, and
licensure are paramount to the services sought.
5.4.2. The Authority shall award contracts through RFQ based on a grading matrix provided in
the solicitation.
5.4.2.1. The Authority considers qualifications, experience, performance, and licensure
within the State of Florida all relevant to selecting businesses through an RFQ.
19
5.4.2.2. Businesses responding to RFQs shall demonstrate in their response to a solicitation
their ability to deliver the requested services reliably and consistent with
requirements in the solicitation.
5.4.2.2.1. The Board of Supervisors may elect, at its discretion, to award a contract
through an RFQ to the next highest scored business if the best, or higher,
scoring businesses'past performance are considered poor.
5.4.3. The Authority shall follow the requirements of the CCNA, Section 287.055, Florida
Statutes, when securing the Professional Services of Architects, Landscape Architects,
Professional Engineers, and Professional Surveyors.
5.4.4. The Authority shall follow the solicitation process established in Section 6 of this
Procurement Policy.
Section 6. Procedures for Formal Competitive Bids, Proposals, or Qualifications Process
6.1. Purpose: The purpose of this chapter is to specify procedures for the submittal, receipt, opening,
and recording of all responses to all formal Request for Bids, Proposals, or Qualifications required
by all of the various laws, ordinances, and other procedures and manuals governing the request for
and awarding of public Bids, Proposals, or Qualifications by the Authority, including but not
limited to:
6.1.1. Section 287.055, Florida Statutes.
6.1.2. Section 255.20, Florida Statutes.
6.2. Alternative Formal Competitive Processes: Although the use of a formal competitive Request for
Bids process is the preferred process, another process should be used when it is difficult or
inappropriate to define the scope of the work required, when the service or purpose of the
acquisition may be satisfied in several different ways, when the qualifications and quality of
service are considered primary factors instead of price, or when responses contain varying levels
of service which may require subsequent negotiation to prescribe the required specificity. Many
times, the potential need for presentations, discussions, or negotiations, and use of evaluation
factors in addition to price must be considered to determine what is in the Best Interest of the
Authority. In such circumstances, the Executive Director shall determine whether the Authority
should use a competitive process other than the formal Request for Bids process, such as a Request
for Proposal (RFP), Request for Qualification (RFQ), Invitation to Negotiate (ITN), Best Final
Offer, or Design-Build.
6.2.1. If an alternative process is chosen, the alternative process shall utilize and be subject to the
same procedures and rules, with any necessary modifications, as outlined in this Section 6.
6.3. Request for Bids, Proposals, or Qualifications (simply referred to as Request for Bids):
6.3.1. The Authority's Staff may procure all items included in or provided for in the current fiscal
year Budget. Items not included in the current fiscal year Budget must come before the
Executive Director for a recommendation to the Authority's Board of Supervisors for
consideration prior to any solicitation being released to potential suppliers.
20
6.3.2. The Authority's Staff shall provide to the Procurement Department a Solicitation
Authorization form approved by the Executive Director, or their designee. The Authority's
Staff shall provide a detailed written scope of work, schedule, and current approved budget
for the Solicitation Authorization form. Upon receipt, the Procurement Department staff
shall prepare the Solicitation and assign a specific and discrete number and title to each
Solicitation, which shall be contained in the Solicitation documents, the newspaper
publication, the specifications, and any Bid form.
6.3.3. Prior to the public advertisement of any Solicitation involving the review of performance
or qualification criteria, the Authority's Executive Director shall establish an Evaluation
Committee of qualified Authority Staff to review, evaluate, and score Supplier responses
to the Solicitation.
6.3.4. Authority solicitations shall include the following statements.
6.3.4.1. FOLLOWING THE BID OPENING AND TABULATION, A "NOTICE OF
INTENT TO AWARD" OR A "NOTICE OF REJECTION OF ALL
SOLICITATION RESPONSES" WILL BE POSTED ON THE INTERNET AT:
(https://procurement.opengov.com/portal/clayutility ). THIS WEBPAGE CAN
ALSO BE ACCESSED FROM THE HOMEPAGE OF THE AUTHORITY'S
WEBSITE AT: Clay County Utility Authority(www.clayutility.org).
6.3.4.2. PROSPECTIVE SUPPLIERS ARE NOTIFIED THAT THE FAILURE TO
INCLUDE A PROPER BOND OR OTHER SECURITY APPROVED UNDER
THE AUTHORITY'S PROCUREMENT POLICY, IF REQUIRED FOR THIS
REQUEST, WILL RESULT IN REJECTION OF THE SOLICITATION
RESPONSE.
6.3.4.3. PROSPECTIVE SUPPLIERS ARE FURTHER NOTIFIED THAT THE FAILURE
TO FILE A WRITTEN NOTICE OF PROTEST AND TO FILE A WRITTEN
PETITION INITIATING A FORMAL PROTEST PROCEEDING WITHIN THE
TIMES AND IN THE MANNER PRESCRIBED IN SECTION 6.13 OF THE
AUTHORITY'S PROCUREMENT POLICY SHALL,CONSTITUTE A WAIVER
OF THE RIGHT TO PROTEST THE SOLICITATION REQUEST, ANY
ADDENDUM THERETO, OR THE SOLICITATION DECISION, AS
APPLICABLE, AND TO INITIATE A FORMAL PROTEST PROCEEDING
UNDER THE PROCUREMENT POLICY. THE AUTHORITY'S
PROCUREMENT POLICY CAN BE VIEWED AT THE AUTHORITY'S
WEBSITE BY FOLLOWING THE APPROPRIATE LINKS FROM THE
HOMEPAGE ADDRESS SET FORTH ABOVE.
6.3.4.4. IF A PROSPECTIVE SUPPLIER IS IN DOUBT WHETHER THIS REQUEST
REQUIRES ANY FORM OF A BOND, SUCH PROSPECTIVE SUPPLIER IS
SOLELY RESPONSIBLE FOR MAKING APPROPRIATE INQUIRY TO THE
AUTHORITY.
6.3.4.5. THE AUTHORITY'S BOARD OF SUPERVISORS RESERVES THE RIGHT TO
REJECT ANY AND ALL SOLICITATION RESPONSES WITHOUT CAUSE.
21
6.3.4.6. THE AUTHORITY'S BOARD OF SUPERVISORS RESERVES THE RIGHT TO
WAIVE TECHNICAL AND NON-TECHNICAL OR NON-MATERIAL
DEFECTS IN THE REQUEST OR SUBMITTAL OF ANY RECEIVED
SOLICITATION RESPONSE.
6.3.5. The Authority's Staff will include the Solicitation Request in the Authority's electronic
procurement system, publish a notice of the Solicitation Request in a newspaper as well as
on the Authority's website, and forward the Solicitation Request to any requesting
Suppliers by electronic notification.
6.3.6. Published Notice. Notice of each Solicitation shall be posted in a newspaper of general
circulation within Clay County for a minimum of twenty-one (21) Calendar Days or as
required by Florida Statutes prior to the Solicitation Response Opening date.
6.3.7. Solicitation Addenda. All Addenda distributed subsequent to the initial distribution of the
Solicitation shall be distributed in the same manner as the initial distribution of the
Solicitation. It is the responsibility of the interested Suppliers to verify if any Addendum
has been issued prior to submitting a Response to a Solicitation. No Addendum shall be
issued later than five (5) Business Days prior to the scheduled Solicitation Opening date.
6.4. Cone of Silence: Each procurement solicitation shall include the following "cone of silence"
provision in substantially the following form: "From the date of the initial publication of this
procurement solicitation until the Contract is awarded and the Protest Period has expired, all
communication relating to this procurement solicitation shall be sent to
procurement@clayutility.org. Consistent with Florida procurement practices, the Authority
prohibits all other communication, outside the methods described in this solicitation, with the
Authority or any Authority Employee, Evaluation Committee Member, or member of the
Authority's Board of Supervisors concerning this procurement solicitation. The Authority shall
disqualify the submission of any firm which makes or causes to be made, directly or indirectly,
any such improper communication. Nothing contained in this paragraph prohibits the Authority
personnel from initiating contact with a firm and subsequent communication related thereto for the
purpose of obtaining additional information that is related to this procurement solicitation."
6.5. Official Receipt of Solicitation Responses: Each solicitation and its accompanying materials shall
be publicly advertised and posted on the Authority's Procurement Portal. The link on the
Authority's website will direct bidders to the Procurement Portal.
6.5.1. Respondents will download the solicitation documents and upload a submission and
required documentation to the Authority's Procurement Portal.
6.5.2. The Procurement Portal will notify the Authority's Procurement Department when a
solicitation has been received and fully completed.
6.5.3. All submissions received into the Procurement Portal will remain sealed until the
advertised solicitation opening.
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6.6. Time of Opening of Solicitation Responses:The submissions will be opened at the prescribed time,
or as soon as possible thereafter, at a public meeting conducted in compliance with s. 286.011,
Florida Statutes, and any successor statute thereto, in the presence of the Procurement Manager or
designee. Respondents as well as members of the public are welcome to attend solicitation
openings, and all subsequent committee and Board of Supervisors meetings related to the
solicitation. Submissions will not be opened until Proof of Publication has been confirmed by the
Procurement Manager or their designee. Consistent with s. 255.0518 (2), Florida Statutes, and any
successor statute thereto, the Procurement Manager or designee shall announce at the submission
opening the name of each respondent and the price submitted in the bid. Only the name of the
respondents will be announced for Request for Qualifications and Request for Proposals.
6.7. Place of Opening of Solicitation Responses: All submissions received shall be opened at the
designated area stated within the solicitation, which includes, virtual meetings, a designated
conference room, or Board room, of the Clay County Utility Authority, 3176 Old Jennings Road,
Middleburg, Florida 32068.
6.7.1. Attendance will be completed to verify attendance.
6.7.2. Upon opening of a submission, the Procurement Manager or designee will review the
responses to deem the respondents as Responsive and Responsible.
6.7.3. Within the Authority's Procurement Portal, the Procurement Manager will release each
Responsible and Responsive Bidder's response to the Project Manager and Evaluation
Committee assigned to the solicitation for evaluation and scoring.
6.8. Tabulation of Solicitation Responses: The Authority's Procurement Portal will tabulate the
responses for immediate download and a detailed audit report to be saved in the submission
package file.The Procurement Manager or their designee will review the information for accuracy,
export the tabulation document, and save the document in the Procurement folder. In addition, and
consistent with s. 255.0518 (3), Florida Statutes, upon request, the Procurement Manager or their
designee will make available the name of each respondent and the price submitted in the
submission.
6.8.1. Evaluation of Solicitation Responses: All responses to an advertised Solicitation shall be
submitted as specified in the Solicitation (and if applicable only on the forms provided by
the Authority) through the Authority's electronic procurement system and may not be
submitted physically, by facsimile transmission, or by email. All Solicitation responses
shall comply with the following requirements to be considered an eligible Supplier:
6.8.1.1. Public Entity Crimes: Each Bid shall conform to the requirements of Section
287.133, Florida Statutes, regarding public entity crimes.
6.8.1.2. Contractor Certification:All Contractors must be certified or registered pursuant to
Chapter 489, Florida Statutes, at the time of responding to a Request for Bids and
must submit evidence of such at the time of submission of any Bid.
6.8.1.3. Supplier's Insurance Requirements: Any prospective Supplier submitting a
response to an advertised Solicitation must include, within the initial Solicitation
response submittal, proof of the insurance complying with the solicitation
requirements.
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6.8.1.4. Bid Bond: If the advertised Solicitation requires a Bid Bond, this Bond must be
provided in the Supplier's response to the Solicitation.
6.9. The Authority's Staff's Recommendation: The Procurement Manager or designee will receive a
concurrence from the Evaluation Committee and report their recommendation to the Executive
Director. At the next regularly scheduled meeting of the Board of Supervisors or Finance
Committee, the Executive Director or their designee will submit the recommendation for approval
of posting a notice of intent to award, deferring action, or rejecting any ineligible submissions or
all submissions and shall state the rationale for the recommendation. The Executive Director or
their designee shall cause to be filed in the public record for such Board of Supervisors or Finance
Committee meeting a list of all submissions and their responses, together with the written report
and recommendation of the Executive Director or their designee.
6.10. Board of Supervisors Action: The Board of Supervisors shall act on the recommendation of the
Executive Director or their designee or shall refer a submission to the Finance Committee for its
recommendation, at the next regularly scheduled Board meeting following the bid opening,unless
tabled by the Board or earlier action is taken at an emergency meeting of the Board. The Board of
Supervisors may act on a submission by voting to post Notice of Intent to award, subject to no
valid protest being filed within the time provided for by law, by rejecting any nonconforming
submissions and any conforming submissions which are not selected, or by rejecting all
submissions. In voting to post Notice of Intent to Award the solicitation to a specific respondent,
the Board shall be voting to award such bid, and for the Executive Director or their designee to
proceed to reduce the approved submission to the form of a binding written contract with the
successful respondents without further action of the Board, absent a timely protest being filed with
the Executive Director or designee of the Authority in the manner provided by law.
6.11. Posting: Each respondent to a solicitation shall be promptly notified via the Authority's
Procurement Portal of the Authority's Notice of Intent to Award, action to award, and/or action to
reject submissions, and by posting the notice of intent to award the selected respondent on such
project at a conspicuous location within the public access areas of the Authority's offices. Each
notice shall contain the following statement:
6.11.1. "Failure to file a protest within the time prescribed in s. 120.57(3), Florida Statutes, or
failure to post the bond or other security required by law within the time allowed for filing
a bond shall constitute a waiver of proceedings under chapter 120, Florida Statutes, and
under the adopted policies of the Authority for solicitation protests."
6.11.2. If no notice of protest and formal written protest are filed as required in Section 6.13 below
within time provided by law, the selected solicitation shall be deemed awarded to the
specified respondent, and the Executive Director or their designee shall proceed to reduce
the selected submission to the form of a legally binding written Contract without further
action of the Board.
6.12. Protest Period: A Supplier, who timely submitted a response to an advertised Solicitation, or any
other adversely affected person, seeking to protest the Authority's Notice of Intended Decision,
including any Notice of Intent to Award, or decision related to the Solicitation, or to the posting of
a solicitation by the Authority, is required to timely file with the Authority both its (i) Notice of
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Protest and(ii)Protest Petition, in accordance with the provisions hereof and s. 120.57(3),Florida
Statutes. Failure to do so within the Protest Period shall result in the waiver of proceedings under
chapter 120, Florida Statutes, and under these adopted policies of the Authority for solicitation
protests.
6.13. Protests to Actions related Solicitation of Bids, Proposal, and Qualifications: In the event that a
written notice of protest and formal written protest are timely filed in the manner prescribed by
Section 6.13, the Executive Director shall refer the solicitation back to the Board of Supervisors
for further action and review and shall commence such additional response on behalf of the
Authority as is required by the protest procedure set forth in Section 6.13. Upon such a referral
back to the Board of Supervisors, the Board shall direct the Executive Director to take whatever
action the Authority is permitted to take hereunder or by applicable law, including without
limitation (i) the rejection of all submissions and the rebidding of the solicitation, (ii) the
emergency award of the solicitation to the selected respondent under the circumstances and in the
manner provided by law, (iii) the defense of the selection of the respondent chosen by the Board
pursuant to this protest procedure, or(iv)both(ii) and(iii). The Authority adopts and incorporates
by reference the protest procedure set forth in s. 120.57(3), as if fully set forth herein, or its
successor statute, as its policy and procedure to be followed with respect to any protests. The
Executive Director or their designee, and the Procurement Manager, of the Authority are hereby
designated as the appropriate parties to receive all filed notice of protests and formal written
protests within the time periods required therein. The Finance Committee of the Authority is
hereby designated as the quasi-judicial body to hear the informal proceeding required under s.
120.57(3)(d)2, in the event of protests involving no disputed issue of material fact. The Division
of Administrative Hearings of the State of Florida shall hear any protests involving a disputed issue
of material fact pursuant to s. 120.57(3)(d)3.
6.14. Ineligible Bids, Proposals, or Qualifications: Any submissions that do not meet the requirements
of the Solicitation advertisement will be rejected and the reasons therefor stated. Notwithstanding
the foregoing,however, the Authority reserves the right to waive formalities in any submission, to
reject any or all submissions with or without cause, and/or to accept the submission or any portion
thereof that, in its judgment, will be in the Best Interest of the Authority.
6.15. Authority Authorized to Competitively Award: For purposes of local bids and contracts for public
construction works, this Resolution authorizes the Authority to "competitively award" in the
broadest sense of that defined term, as set forth in s. 255.20(1), Florida Statutes, which is hereby
incorporated by this reference. Without limitation to the generality of the foregoing, the Authority
shall be authorized hereby to award Contracts based on submission of sealed bids, proposals
submitted in response to a Request for Proposals, proposals submitted in response to a Request for
Qualifications, or proposals submitted for competitive negotiation. The Authority may elect to
evaluate the qualifications of respondents based upon advertised specifications prior to requesting
submissions. The Authority may use qualifications to determine the responsible and competent
firms. In that case, the Authority will then request sealed competitive firms from those short-listed
firms qualified as responsible and competent. For example, the Authority may, but shall not be
required to, combine the qualification of responsible and competent firms, and the later solicitation
of the bid offering the lowest costs to the Authority from those qualified, responsible and
competent firms,in a single advertised procurement,with Board action to be taken both to approve
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the selection of the qualified firms allowed to bid, and the subsequent award of the bid of the
qualified, responsible and competent bidder at the lowest costs to the Authority.
Section 7. Exceptions and Exemptions
7.1. The following categories and groups of procurement and contractual goods and services are either
exceptions or exempt from the competitive solicitation and selection process described in this
policy.
7.2. Government and Legal
7.2.1. The Authority exempts the transactions listed below from competitive procurement
requirements.
7.2.1.1. Engagement with and payments to other government agencies (all types of taxes,
assessments, fees, permits,utilities, utility deposits, contractual obligations, etc.)
7.2.1.2. Postage (U.S. Post Office only)
7.2.1.3. Court ordered payments
7.2.1.4. Risk Management, Insurance, or Workers' Compensation Claims Settlements
7.2.1.4.1. Individual Workers' Compensation Claims Payment and Settlement: The
Executive Director may authorize settlements of Workers' Compensation
claims not exceeding $50,000. Uninsured settlements above this amount
require approval by the Board of Supervisors.
7.2.1.4.2. Property & Casualty Insurance Program (property, general liability, auto,
crime, stop loss, public official's liability, employment practices liability
and storage tank liability): The Executive Director shall have authority to
settle all personal injury, and property claims against Clay County not
exceeding uninsured amounts of$50,000. Settlements of uninsured claims
above this amount require approval by the Board of Supervisors.
7.3. Security
7.3.1. The Authority exempts the security related transactions listed below from competitive
procurement requirements.
7.3.1.1. Engagement of off-duty Clay County Sheriff's Office officers
7.4. Professional Services
7.4.1. The Authority's Board of Supervisors empowers the Executive Director to seek out and
engage professional services necessary to conduct the business of the Authority outside of
a competitive procurement process. We list the professional services considered exempt of
the competitive procurement process due to the specific expertise or services provided.
7.4.1.1. Attorneys
7.4.1.2. Financial Advisor, Financial Expert, Financial Services
7.4.1.3. Accountants
7.4.1.4. Auditors
7.4.1.5. Lobbyists
7.4.1.6. Cybersecurity Specialist or Experts
7.4.1.7. Computer Programmers
7.4.1.8. Software Developers
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7.4.1.9. Information Technology Specialists or Experts
7.4.1.10. Operational Technology Specialists or Experts
7.4.1.11. Laboratory Services
7.4.1.12. Security Specialists or Experts
7.4.2. Professional Services require a contractual mechanism described in Section 3 of this
Procurement Policy.
7.5. Proprietary Services
7.5.1. The Authority's Board of Supervisors understands the need to procure services that are
proprietary in nature. In such cases, the Authority's Staff shall prepare reasonable due
diligence demonstrating the performance criteria and the business case for securing such
proprietary services. The business case prepared by the Authority's Staff shall include an
evaluation of the value of such proprietary services provided to the Authority's customers.
With reasonable documented due diligence and business case evaluation prepared by the
Authority's Staff, the Authority exempts proprietary services from competitive
procurement requirements.
7.6. Sole Sources
7.6.1. The Authority's Board of Supervisors may designate a supplier or vendor a"sole source".
The Authority's Staff must provide the Board of Supervisors written documentation a
supplier or vendor is either legally or practically established as the undisputed sole source
of such material, commodity, or service.
7.6.1.1. The Authority's Staff shall maintain a current list of Board of Supervisors approved
"sole sources."
7.7. Single Sources
7.7.1. The Authority's Board of Supervisors may designate a supplier or vendor a"single source".
The Authority's Staff must provide the Board of Supervisors written documentation as to
why a supplier or vendor should be designated as a single source provider of material,
commodity, or service.
7.7.1.1. For a supplier or vendor to be designated a"single source"provider, the Authority's
Staff must present a written business case to the Board of Supervisors for approval.
The business case must demonstrate the value including, but not limited to, costs,
time, reliability, responsiveness, etc.
7.7.1.2. The Authority's Staff shall either update or reconfirm the business case for"single
source"providers every fiscal year.
7.7.1.3. The Authority's Staff shall submit a written request to the Board of Supervisors to
the remove the "single source" designation from suppliers or vendors when the
business case no longer demonstrates value to the Authority's customers.
7.8. Authority recognitions, occasions, ceremonies, programs, trainings, and similar events
7.8.1. Authority funds may be expended for the purpose of providing, coordinating, and/or
hosting Authority events, ceremonies, programs, training and similar activities. Such
purchases may include but are not limited to promotional material or items, decorations,
tools and/or related items used for an event,ceremony,program,training or similar activity,
food and nonalcoholic beverages, commemoratives, incentives, and other items customary
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and reasonably necessary for Authority events, ceremonies,programs, training and similar
activities. These expenditures must be reasonable in the circumstances and necessary to the
accomplishment of authorized public purposes of the Authority. The Executive Director,
or their designee,must authorize such purchases with funds budgeted therefor and/or funds
received by donation.
7.8.2. The Executive Director,or their designee, shall manage and control spending and oversight
of such expenditures for Authority events, ceremonies, programs, trainings, or similar
activities.
7.8.2.1. The Executive Director,or their designee, shall coordinate and manage all incentive
items such as gift cards, prize packages, or event tickets either purchased by or
donated to the Authority.
7.9. Miscellaneous exemptions
7.9.1. The Authority exempts the transactions listed below from competitive procurement
requirements.
7.9.1.1. Real Property Interest
7.9.1.2. Land purchases and related costs
7.9.1.3. Easement acquisition and related costs
7.9.1.4. Insurance
7.9.1.5. Employee reimbursements
7.9.1.5.1. Tuition or training classes
7.9.1.5.2. Professional memberships
7.9.1.5.3. Conferences or seminars
7.9.1.5.4. Workshops
7.9.1.6. Hotel and travel expense reimbursements
7.9.1.7. Pre-approved interview and/or moving expenses
7.9.1.8. Instructor fees
7.9.1.9. Insurance, Benefits, and Administrative Services procured through the services of
the Authority's contracted Agent of Record or Broker
7.9.1.10. License plates
7.9.1.11. Communication Services
7.9.1.12. Telecommunication Services
7.9.1.13. Product testing or evaluations (with the approval of the Executive Director or their
designee)
7.9.1.14. Subscriptions and periodicals
7.9.1.15. Utilities
7.10. Impracticality
7.10.1. The Authority's Board of Supervisors, unless otherwise required by general law or
ordinance, authorizes any purchase or entering into any Contract for Construction of any
facility when the circumstances are such as to render notice and solicitation impractical or
unlikely to produce valid or cost-effective solicitations, as judged by the Board of
Supervisors and approved by separate action thereof based upon what they deem is in the
Best Interest of the Authority.
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7.10.2. Due to the impracticality of forecasting every repair of heavy and treatment facility
equipment, the Authority's Board of Supervisors authorizes the Executive Director to
conduct such repairs to such existing equipment without further action of the Board.
7.10.2.1. The Executive Director shall disclose such existing heavy and treatment facility
equipment repairs exceeding $50,000 in the FYI section of the next regularly
scheduled Board of Supervisors meeting agenda.
7.10.2.2. The Authority's Staff shall maintain an official list of such heavy and treatment
facility equipment.
7.10.2.3. This exemption does not include routine maintenance and replacement parts.
7.10.2.4. The Authority defines heavy and treatment facility equipment based on the criteria
listed below.
7.10.2.4.1. Public Safety, Construction and Material Handling Equipment with a rating
of more than 85 horsepower
7.10.2.4.2. Transportation Equipment with a GVWR(Gross Vehicle Weight Rating) of
more than 10,000 pounds
7.10.2.4.3. Generators, portable pumps, OEM Services and Repairs, Standardized
equipment outlined in the CCUA Standardization Manual, and Lift Station
and Treatment Facility Electrical Panels
7.11. Used Goods and Public Auctions
7.11.1. The Authority's Board of Supervisors authorizes the Executive Director to purchase
previously owned goods, including equipment,whenever the same shall be offered for sale
at public auction or otherwise and below the normal cost for the same or similar new or
unused items, whenever the purchase shall be deemed to be in the Best Interest of the
Authority.
7.11.1.1. The Executive Director shall disclose such purchases exceeding$50,000 in the FYI
section of the next regularly scheduled Board of Supervisors meeting agenda.
Section 8. Emergency Purchases
8.1. The Board of Supervisors empowers the Executive Director to act as necessary to respond to events
threatening public health and safety, as well as the safety of the Authority's Staff. Such events
include, but are not limited to, acts of God, riots, fires, floods, hurricanes, tornadoes, accidents,
malevolent acts, or other circumstances threatening public health and safety, and/or the safety of
the Authority's Staff.
8.2. The Executive Director is also empowered to act as necessary to protect Authority property,public
property, and right of ways, as well as private property from further damage from emergency
events.
8.3. The Executive Director's Emergency Actions or Emergency Purchase Declarations shall aim to
mitigate or reduce the potential loss against the following:
8.3.1. Immediate dangers to public health and safety;
8.3.2. Other loss to public or private property which requires emergency action by or on behalf
of the Authority; and/or
8.3.3. Interruption of an essential service provided by the Authority.
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8.4. The Executive Director shall clearly state all emergency actions,purchases, disaster responses, etc.
in writing through either an Emergency Action or Emergency Purchase Declaration.
8.4.1. Through an Emergency Action or Emergency Purchase Declaration,the Executive Director
will direct activities, purchases, contracts, etc.
8.4.2. Because Emergency Actions may require immediate responses to events, the Executive
Director may complete those written authorizations within a reasonable timeframe
following the events causing the emergency.
8.4.3. The Executive Director shall report to the Board of Supervisors on Emergency Actions and
Purchase Declarations at the next regularly scheduled Board of Supervisors meeting.
8.5. The Authority maintains guidance documents for hurricane and tropical storm responses in the
annual Hurricane Preparedness and Storm Recovery Manual.
8.5.1. The Authority's Staff shall document the purchases of goods, materials, equipment,
services, etc. for storm preparedness, response, and recovery operations to meet Federal
Emergency Management Agency (FEMA) requirements for reimbursement.
8.5.1.1. The requirement to document the purchase of goods, materials, equipment,
services, etc. in accordance with FEMA requirements extends to all natural
disasters, malevolent acts, etc. that may be eligible for FEMA reimbursement.
Section 9. Debarment
9.1. The Authority intends to subject suppliers, vendors, consultants, and contractors to performance
evaluations. Poor performance may lead to debarment from the CCUA's procurement process for
a specified period.
9.1.1. The Board of Supervisors shall approve the debarment of suppliers, vendors, consultants,
and contractors.
9.1.2. The Board of Supervisors shall specify the period of debarment up to a maximum of three
(3) years.
9.1.3. The Authority's Staff shall provide the Board of Supervisors with a recommendation
regarding debarment based upon documented performance issues with the suppliers,
vendors, consultants, and contractors.
9.2. The Authority's Staff shall clearly state the causes for debarment of suppliers,vendors,consultants,
and contractors in all advertised solicitations.
9.2.1. The Authority's Staff shall post the causes for debarment of suppliers,vendors,consultants,
and contractors on the Authority's website.
9.2.2. The Authority establishes the causes for debarment include,but are not limited to,the cases
stated below.
9.2.2.1. Conviction of a Public Entity Crime and inclusion on the State of Florida Convicted
Supplier List pursuant to Section 287.133, Florida Statutes;
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9.2.2.2. Violation of any current or former Authority Contract or Purchase Order terms or
requirements of a character that is regarded by the Executive Director to be so
serious to justify debarment action;
9.2.2.3. Deliberate failure, without good cause, to perform in accordance with the Contract,
specifications, performance levels, warranty provisions, bonding and insurance
requirements, or to comply within the time limits provided in the Contract and/or
Purchase Order, or failure to pay subcontractors;
9.2.2.4. A recent record of failure to perform or of an unsatisfactory Performance
Evaluation in accordance with the terms of one or more Authority Contracts or
Purchase Orders, including the delivery of Goods, provided that the failure to
perform or unsatisfactory performance was not caused by acts beyond the control
of the Supplier;
9.2.2.5. Debarment by another government agency;
9.2.2.6. Fraudulent or bad faith actions; or
9.2.2.7. Violations of this Procurement Policy.
9.3. The Authority's Staff shall provide the performance evaluation criteria to suppliers, vendors,
consultants, and contractors prior to finalizing the contractual mechanism (e.g. PO, Contract,
Contract with Supplemental Agreements, Other Government Purchasing Contract, etc.).
9.4. The Authority's Staff shall establish processes of written performance evaluations of suppliers,
vendors, consultants, and contractors.
9.4.1. The Authority's Staff shall post the processes of written performance evaluations of
suppliers, vendors, consultants, and contractors on the Authority's website.
9.4.2. The processes of written performance evaluations shall include notifications to the
suppliers, vendors, consultants, and contractors failing to perform their contracted duties
and responsibilities.
9.4.2.1. The Authority's Staff shall consider suppliers,vendors, consultants,and contractors
with a minimum of three (3) written notifications of failing performance eligible
for a recommendation to debar for the Board of Supervisors to consider.
9.5. The Authority's Staff shall notify suppliers, vendors, consultants, and contractors of when a
recommendation to debar will be presented to the Board of Supervisors for consideration.
9.5.1. Suppliers, vendors, consultants, and contractors may challenge debarment
recommendations by the Authority's Staff to the Board of Supervisors.
9.6. The Board of Supervisors debarment decisions shall be considered final.
9.6.1. The Board of Supervisors retains the right to re-evaluate or re-consider debarment
decisions upon the written request of the suppliers, vendors, consultants, or contractors.
Section 10. Prohibitions
10.1. The Authority shall prohibit personal purchases of any kind.
10.1.1. The Authority defines personal purchases of goods, items, materials, services, etc.,
intended for non-Authority use or purposes.
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10.2. The Authority shall prohibit purchases unrelated to Authority business, activities, or public
purposes.
10.3. The Authority's Staff shall never procure goods or services without a standard mechanism listed
in Section 3.2 of this Procurement Policy.
10.3.1. This policy strictly prohibits the practice of securing goods or services prior issuing a
standard mechanism such as a contract or PO.
10.4. The Authority's Staff shall not split purchases for a specific project, assignment, task, etc. to avoid
the requirements and purchasing thresholds established in this Procurement Policy.Any employee
reasonably deemed to have split purchases shall be subject to the disciplinary process described in
the Employee Handbook up to and including termination.
10.4.1. Example 1:A potable water line extension project will need to remove and replace ten(10)
driveways along the course of the new potable water pipeline. In this example,the removal
and replacement of the ten(10)driveways are within the scope of a single project requiring
the engagement of a single contractor to complete this work. The Authority's Staff will be
prohibited from breaking the driveway work into ten (10) different PO's.
10.4.2. Example 2: The Authority repeatedly purchases office supplies throughout a fiscal year.
The Authority's Staff routinely ordering office supplies is general business and not directly
tied to a specific project, assignment, or task. The Authority Staff's routine ordering of
office supplies shall not be considered splitting of purchases.
Section 11. General Law and Enabling Act
11.1. This Resolution is adopted pursuant to general laws of the State of Florida, including without
limitation ss. 120.57(2) and (3), 189.053, 255.0518, 255.20, 286.011, and 287.055, Florida
Statutes, and pursuant to the Authority's enabling act, Section 17 of Chapter 94-491, Laws of
Florida, Special Acts of 1994, which is hereby incorporated by reference and made a part hereto,
and which provides in pertinent part:
11.1.1. Section 17. CONTRACTS FOR CONSTRUCTION OF IMPROVEMENTS; SEALED
BIDS. —All contracts let, awarded, or entered by the AUTHORITY for the construction,
reconstruction, or improvements to the system or any part thereof, if the amount thereof
shall exceed $10,000, except for emergency repairs, shall be awarded only after public
advertisement and call for sealed bids therefor, in a newspaper published and circulated in
Clay County, such advertisement to be published at least once, three (3) weeks before the
date set for the receipt of such bids. Such advertisements for bids, in addition to the
necessary and pertinent matters, shall state in general terms, the nature and description of
the improvement or improvements to be undertaken and shall state that detailed plans and
specifications for such work are on file for inspection in the office of the Authority and
copies thereof shall be furnished to any interested party upon payment of reasonable
charges to reimburse the Authority for its expenses in providing such copies. The award
shall be made to the responsible and competent bidder or bidders who shall offer to
undertake the improvements at the lowest costs to the Authority,and such bidder or bidders
shall be required to file bond for the full and faithful performance of such work and the
execution of any such Contract in such amount as the Authority shall determine, and in all
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other respects the letting of such construction Contracts shall comply with applicable
provisions of the general laws relating to the letting of public Contracts.
11.2. Additional Provisions from the Special Act
11.2.1. The prior incorporation by reference of Section 17 of the Special Act does not prohibit or
limit the full application of general law to the AUTHORITY as an independent special
district of the State of Florida,pursuant to the applicable provisions of Chapter 189,Florida
Statutes, as amended, or as a public body,body politic, or political subdivision of the State
of Florida,pursuant to the applicable provisions of s. 1.01(8),Florida Statutes, as amended.
Moreover, the following provisions of the Special Act are hereby specifically identified
and hereby incorporated by this reference as if set forth verbatim herein, to clarify and
explain the powers,privileges,immunities,and exemptions pertaining to the AUTHORITY
as are relevant to the subject matter of this Resolution:
11.2.1.1. Section 3. PURPOSES., subsection (1), which provides in pertinent part that the
AUTHORITY"... is created for the purpose of acquiring, constructing, financing,
owning, managing, operating, regulating, ... and otherwise having plenary
authority, with respect to certain utility systems within the territorial limits of Clay
County, and areas adjacent thereto. It is further the purpose of this act to repose in
the Authority all powers with respect to water and sewer, and such other additional
utilities as may be hereafter designated which are now, in the future could be, or
could have been but for this act, exercised by Clay County.
11.2.1.2. Section 21. CONSTRUCTION OF LAW., subsection (1), which provides in
pertinent part that"[t]he provisions of this act shall be liberally construed to effect
its purposes and shall be deemed cumulative, supplemental, and alternative
authority for the exercise of powers provided herein.... In the event of any conflict
between this act and any other applicable law or laws providing cumulative,
supplemental and/or alternative authority to counties for the exercise of the powers
provided herein,the least restrictive in favor of the authority's powers shall apply."
11.2.1.3. Section 21. CONSTRUCTION OF LAW., subsection (3), which provides in
pertinent part that "[i]f any section, sentence, clause, phrase, or word of this act is
for any reason held or declared to be unconstitutional, inoperative, or void, such
holding or invalidity shall not affect the remaining portions of this act, and it shall
be construed to have been the legislative intent to pass this act without such
unconstitutional, invalid, or inoperative part herein, and the remained of this act,
after the exclusion of such part or parts, shall be deemed and held to be valid as if
such parts had not been included herein."
11.2.1.4. Section 23. PRIVILEDGES, IMMUNITIES AND EXEMPTIONS., which
provides in pertinent part that"[t]he authority shall have all privileges, immunities,
and exemption accorded political subdivisions of this state under the provisions of
the constitution and laws of the state...."
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Section 12. Effective Date
Adopted by
Date CLAY COUNTY UTILITY AUTHORITY, BY ITS
BOARD OF SUPERVISORS
By:Anna Lebesch, Ed.D., Chairman
February 4, 2025
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