Purchasing

This code applies to the procurement of commodities, supplies, contractual services, and equipment by the Clerk of Court and shall apply to the expenditure of public funds irrespective of its source. When applicable, procurement shall also be conducted in accordance with State and Federal laws.

The Purchasing Division has been established in order to centralize the Clerk of Court purchasing functions and to carry out the provisions of this code. The Purchasing Division is charged with the responsibility to procure all goods and services for divisions under the supervision of the Broward County Clerk of Court.

Authority: Authority granted by the Clerk of Court, to abide by the rules and regulations set forth herein in accordance with applicable State and Federal laws.

• To purchase or supervise the purchasing of all commodities, supplies, contractual services, and equipment.
• To supervise employees in the Purchasing Division regarding purchasing and inventory control.
• To inform the Clerk of Court regarding vendors, proposers, and bidders, in accordance with the spending of taxpayer dollars.

Operational Policies: Operational policies relating to the execution of this code shall be documented in the Clerk of Court purchasing policy manual.

Fill out the Vendor Registration Form to:

• register as a new vendor
• update vendor contact information
• indicate change of ownership

Send completed form and inquiries, to purchasing@browardclerk.org, or mail to the address listed under the Contact Information section on this page.

Upon receipt, you will be added to the Broward Clerk of Court vendor registration list, and notified of any upcoming bids or requests, as they become available and posted on the Clerk of Courts Purchasing Current Bids and Request page.

When it is in the best interest of the Clerk of Court and providing that requirements are not artificially divided to constitute a small purchase, purchases of commodities, supplies, contractual services, and equipment may be made without competitive bids or proposals when the cost does not exceed one thousand dollars ($1,000.00).

When the aggregate dollar amount of commodities, supplies, contractual services and equipment is between one thousand dollars and one cent ($1,000.01) and nine thousand, nine hundred and ninety-nine dollars and 99 cents ($9,999.99), micro-purchases may be awarded without soliciting competitive price or rate quotations if the price is reasonable based on research, experience, purchase history or other information and documents it accordingly. Purchases related to Information Security should go through the established procedures.

When the aggregate dollar amount of commodities, supplies, contractual services and equipment is between ten thousand dollars ($10,000.00) and twenty-nine thousand, nine hundred and ninety-nine dollars and 99 cents ($29,999.99), three (3) competitive bids, proposals, or replies shall be required by fax, mail, or email. The bid of the lowest responsible vendor shall be accepted. Purchases related to Information Security should go through the established procedures.

All commodities, supplies, contractual services, and equipment, when the aggregate dollar amount shall exceed thirty thousand dollars ($30,000.00) shall be purchased by written and sealed bids, proposals, or replies, as applicable, and as determined by the Clerk's Office. After due notice inviting bids, proposals, or replies, a contract shall be awarded to the lowest and best responsible and responsive vendor. However, the Clerk of Court has the discretion to waive formal competitive solicitation procedures in cases where he/she deems it advisable and in the best interest of the Clerk's Office to do so under conditions stated in PUR 15.

The formal procurement method employed by the Clerk's Office shall be determined in the best interest of the Clerk of Court, subject to the guidelines describing the methods of procurement established in PUR 02 above.

When determining whether to utilize the Invitation to Negotiate method of procurement, one or more of the following criteria may be considered:

• The scope of work cannot be accurately and completely defined by the Clerk. This often occurs for acquisitions of rapidly changing technology, outsourcing, or complex services.
• The commodities or contractual services can be provided in several ways, any of which could be acceptable. This often occurs for acquisition of emerging technologies or complex services.
• Contractor qualifications and the quality of the commodities or contractual services to be delivered can be considered more important than the contract price.
• The responses may contain innovative solutions that differ from what the Clerk's Office may have requested, permitting alternatives to be considered.
• The responses may contain a different level of commodities and contractual services than that requested, requiring negotiation to reduce price or services to match available contract funds or increase price to meet a higher level of quality. Award may be made to the vendor with the best combination of proposal and price qualifications.

Notice inviting bids, proposals, or replies shall be subject to the following:

• List of vendors. Sealed bids, proposals, or replies shall also be solicited from responsible prospective vendors. Invitations sent to vendors on the list maintained by the Clerk's Office shall be limited to supplies or services that are ordinarily handled by the vendor to which the invitations are sent.
• Internet posting. A notice posted on the Clerk of Courts website shall also advertise all pending purchases exceeding $30,000.00.
• Performance bonds. When deemed appropriate by the Clerk of the Court, a performance bond, with a surety company authorized to do business in the State, shall be included as a requirement in the solicitation.

Procedure for opening bids, proposals, or replies. The following procedure shall be used:

• Sealed bids, proposals, or replies shall be submitted to the Purchasing Division within the designated time period and shall be clearly identified as such on the envelope.
• Opening of bids, proposals, or replies shall be done in front of a chosen committee, if a committee has been convened for such purpose.
• Compiled list of bids, proposals, or replies. A compiled list of all bids, proposals, or replies received shall be available for public inspection.
• Awarding the contract. The conditions of PUR 10 shall apply.
• Rejection of bids, proposals, or replies. All bids, proposals, and replies received shall be reported to the Clerk of Court. The Clerk shall have the discretion to reject all or parts of bids, proposals, or replies when the best interest of the Clerk's Office and the public interest will be served. Any bid, proposal, or reply that does not meet specifications will be reported to the Clerk.
• Correction or withdrawal of bids, proposals, or replies and cancellation of awards. Correction before opening, withdrawal of erroneous bids, proposals, or replies before or after opening, or cancellation of awards based on mistakes may be permitted. Written notice of mistakes that are discovered prior to opening must be received in the Clerk’s Office prior to the time set for opening. After opening, corrections shall be permitted only to the extent that the corrections do not substantially affect the terms, conditions, and specifications and may be subject to approval by the Clerk’s Legal Counsel.
• Late bids, proposals, or replies. Bids, proposals, or replies received and clocked in after the date and hour specified in the proposal form will not be opened but will be reported to the Clerk of Court. Only the Clerk can authorize the opening of a late bid, proposal, or reply after considering all the circumstances involved.
• Commodities, contractual services, supplies, and equipment to be provided over a period of time may be subject to a formal contract signed by the Clerk of Courts and the successful bidder, proposer, or responder.

The Purchasing Division maintains a vendor registration mailing list for most commodities and services purchased by the Clerk’s Office.

To be added as a vendor, complete the Vendor Registration Form.

Send completed form and inquiries, to purchasing@browardclerk.org, or mail to the address listed under the Contact Information section on this page.

* In compliance with the Code of Federal Regulations, the vendor agrees that it will operate with integrity, in compliance with public policy, and that it is neither suspended nor debarred in SAM.gov nor ineligible for participation in federal assistance programs or activities.

Awarding of contracts and/or purchases shall be made to the lowest responsible bidder, if the invitation to bid method of procurement is used, meeting the criteria of the Clerk’s Office. In addition to the price, the Clerk of Court and Purchasing Facilities Coordinator shall determine the lowest responsible bidder by considering, but not limited to, the following:

• The ability of the bidder to successfully perform under the terms of the solicitation requirements. For example, can the commodities, supplies, or services be provided accurately and on time.
• The reputation, experience, and efficiency of the bidder. For example, the quality of performance in previous contracts with the Clerk’s Office and their other customers.
• The ability of the bidder to provide maintenance and services for the supplies or services that are the subject of the contract.
• The number and scope of conditions attached to the bid.

When only one bid is received, negotiation is permitted in order to obtain a fair and reasonable price. Additionally, if the low bid is considered to be high, negotiating to obtain lower pricing is permitted.

All formal multiple party contracts covered by this code shall be approved by the Clerk of Court Legal Counsel.

The Clerk prohibits the use of statutorily or administratively imposed geographical preferences in the evaluation of bids or proposals; except where permissible. The Clerk of Court and the chosen committee are prohibited from giving preference to a vendor based on the vendor's social, political, or ideological interests.

When an award is not made to the lowest responsible bidder, a statement of the reason shall be prepared and made a part of the record when bids are obtained through the formal bid process.

If the same price, quality, and service are received from more than one bidder, the purchase, or contract shall be awarded to a local responsible bidder. A local bidder is defined as a bidder whose business is located within Broward County. If there is a tie bid among local bidders, then the Clerk of Court shall determine which bid is selected.

It shall be prohibited for any Clerk of Court employee to order the purchase of or enter into any contracts for any commodities, supplies, contractual services, or equipment, within the scope of this code and in accordance with other Clerk of Court policies, other than through the Purchasing Division. The Clerk of Court shall not be bound by any purchases or contracts made contrary to the provisions of this code. Furthermore, it is required for the Purchasing Division to avoid acquisition of unnecessary or duplicative items. Consideration should be given to consolidating or breaking out the procurements to obtain a more economical purchase.

The Clerk of Court may authorize noncompetitive procurement if one or more of the following circumstances apply:

• The acquisition of property or services, the aggregate dollar amount of which does not exceed the micro-purchase threshold;
• The item is available only from a single source;
• The public exigency or emergency for the requirement will not permit a delay resulting from publicizing a competitive solicitation;
• The Federal awarding agency or pass-through entity expressly authorizes a noncompetitive procurement in response to a written request from the non-Federal entity; or
• After solicitation of a number of sources, competition is determined inadequate.

A statement of the reason shall be prepared and made a part of the record when a sole source or proprietary purchase is made. All sole source or proprietary purchases will be processed using all other Clerk of Court policies appropriate to the type of purchase being made.

When the estimated cost of commodities, supplies, contractual services, or equipment is thirty thousand dollars ($30,000.00) or over, the Clerk of Court may award a contract and waive the formal solicitation procedures, under the following circumstances:

• When time is of the essence, or a sole source vendor is the only option; bids, proposals, or replies may be obtained by email, fax, or mail. The notice of invitation for competitive solicitation shall be posted on the Clerk of Court website and the reply must be submitted by email, fax, or mail by a specified date.
• Records of all bids, proposals, or replies submitted shall be kept and reported to the Clerk of Court and shall be available for public inspection.
• All provisions of the Formal Solicitation Procedure, PUR 08, related to the list of vendors, performance bonds, and opening of bids, proposals, or replies shall be applicable.
• The Clerk of Court shall waive formal solicitation procedures and award the contract to the lowest or best responsible bidder, if applicable.
• The conditions of PUR 10 shall apply.
• The Clerk of Court may purchase from another governmental agency, e.g., Broward County, when that agency followed a bid process that included sealed written bids or proposals, public opening, and legal advertising.
• Bids, proposals, or replies received and clocked in after the date and hour specified in the proposal form will not be opened but will be reported to the Clerk of Court. Only the Clerk can authorize the opening of a late bid, proposal, or reply after considering all the circumstances involved.
• In the event of an Act of God or Force Majeure, the Clerk of Court may suspend normal purchasing procedures and authorize the purchase of any needed emergency services, equipment, or supplies. If the cost exceeds the mandatory bid amount, a written report of the circumstances and each purchase shall be provided to the Clerk as soon as practical after the emergency situation.

No employee of the Clerk of Court shall issue a purchase order or enter into a contract for supplies, services, or equipment until it has been determined by the Purchasing Facilities Coordinator or his/her designee that sufficient appropriation balances are available, in excess of all unpaid obligations.

Specific responsibilities include, but are not limited to, the following:

• Establish an inventory control system, which will safeguard the Clerk's assets, provide a source of standards, office-operating supplies, with a “stockless inventory” and provide off-site storage and delivery of copy paper and printed forms. Maintain an audit trail of all procurement and disbursements, and process requisitions in a timely manner.
• Maintain purchasing records, but not limited to, the following:
  • One part Purchase Order
  • Copy of each requisition received by Purchasing Division.
• Maintain accurate inventory records of stock items stored on and off site. This includes, for example, the following items: copy paper, computer paper, stationery, envelopes, and specific pin feed court ordered forms. Records will include a description, stock identifier numbers), stock on hand, receipts, unit price.
• Maintain any other documents pertaining to the acquisition of goods or service for the Clerk of Court.
• Prepare a physical inventory twice a year according to established procedures.
• Obtain three price quotes prior to processing any Purchase Requisitions for items exceeding $10,000.00 up to $29,999.99 according to established procedures.

CONFLICTS OF INTEREST

Employees engaged in the purchasing process are expected to be free of interests that are potentially unfavorable or detrimental to the best interests of the Clerk. Employees shall not engage nor participate in any commercial transaction involving any company in which they have a significant, undisclosed financial interest.

Any employee engaged in purchasing, who has assumed or is about to assume, a financial or outside business relationship that might involve a conflict of interest must immediately inform the next level of management. The information will be reviewed by management to determine if a conflict of interest is present and what course of action is to be taken.

A conflict of interest exists when an employee:

• Has a direct or indirect relationship with an outsider that is inherently unethical or that might be implied or construed to be, or allow personal gain to accrue to the employee due to the employee's ability to influence dealings, or place the employee or the organization in an equivocal, embarrassing, or ethically questionable position, or reflect adversity on the integrity of the organization.
• Takes personal advantage of an opportunity that properly belongs to the Clerk of Court office.
• Has an outside interest that materially encroaches on time or attention that should be devoted to the affairs of the Office of the Clerk of Court.

CODE OF ETHICS

The Broward County Clerk of Court employees seek to provide responsive, effective and efficient governmental services to the citizens of Broward County by exercising prudent fiscal management and safeguarding Clerks records.

To further these goals, all Clerk of Court employees are enjoined to adhere to ethical standards of conduct as set forth in the fulfillment of their official responsibilities.

PERSONAL STANDARDS

Clerk of Court employees shall devote their time, skills, and energies toward goals and objectives of the Clerk's Office, both independently and in cooperation with other employees. They shall strive to provide the highest quality of performance. They shall abide by professional practices and recommended standards as applicable. Furthermore, they shall be accountable for their actions and responsibilities as employees in the public sector.

RESPONSIBILITY AS PUBLIC EMPLOYEES

They shall uphold the letter and the spirit of the Constitution, legislation, and regulations governing their actions.

The goal and mission of the Purchasing Division is to safeguard the assets of the Clerk of Court. To establish an internal control on the stock items secured in Rooms 18130 and 18150, the following procedures have been implemented:

• It is the responsibility of the employees of the Purchasing Division not to allow any unauthorized personnel, nor the general public, access to the Clerk's supply room.
• It is the responsibility of the Copy Center Operator to secure the Clerk's Copy Center at the end of each business day.

The Clerk of Court, or in his/her stead, the Chief Operating Officer and the Purchasing Director are the only ones authorized to make an exception to the above procedures.

The Clerk’s office has the right to utilize bids or contracted prices that are provided to State and Government Agencies, unless specific provisions have been negotiated. These agencies include, but are not limited to, Broward County, the Broward County School Board and the State of Florida.

The following are Broward County Clerk of Courts standard purchase order requirements.

The vendor, in accepting this purchase order, agrees to and shall be bound by all of the following terms and conditions:

• Specific Terms Control: All terms and conditions, specifications, title, labels and otherwise, set forth upon the face page hereof shall be deemed “Terms and Conditions” as if fully set forth herein. In the event of a conflict between the face page of this Purchase Order (“PO”) and the terms and conditions outlined below, the terms and conditions set forth below shall control.
• Pricing: The purchase price for the goods purchased under this PO, unless otherwise specifically set forth in this PO, includes all packing, handling, and delivery charges. The purchase price shall not be subject to any form of escalation or price increase, regardless of the date on which the goods or services to be provided are actually delivered or performed, unless written approval is provided by the Clerk.
• Payment: (A) All payments for the goods or services provided under the proposed contract shall be made in accordance with the Florida Local Government Prompt Payment Act, Chapter 218, Florida Statutes (“Prompt Payment Act”) upon receipt and acceptance of the goods. (B) A proper invoice must be submitted to APClerk@browardclerk.org. (C) Any travel expenses incurred as a result of fulfillment of this PO must be pre-approved by the Clerk in writing. (D) The Clerk is exempt from Florida State Sales and Use Taxes, but the vendor will not be exempt from paying sales tax for any material purchased to fulfil this PO and the vendor is further responsible for payment of its own withholding and other employment taxes. (E) A proper invoice must include: (i) the Clerk’s purchase order number, and the invoice shall correlate to the Clerk’s purchase order number under which the purchase was made; (ii) the name of the business organization that is recited in the Clerk’s purchase order; (iii) the date of the preparation of the invoice; (iv) the Vendor's federal identification number; (v) a description of the goods or services or property provided to the Clerk; (vi) the Vendor’s part or item number for each item or part delivered; (vii) the quantity of the goods or services or property provided to the Clerk; (viii) the unit price of the goods or services or property provided to the Clerk; (ix) the total price of the goods or services or property provided to the Clerk; and (x) Any applicable discounts.
• Condition and Packaging: The goods ordered or shipped as a result of this PO shall be new (current production model at the time of this PO) and all containers shall be suitable for storage and shipment.
• Risk of Loss and Title: The risk of loss or damaged goods purchased under this PO shall remain with the Vendor until they are accepted by the Clerk pursuant to the Prompt Payment Act, including during transportation and delivery. Title to the good shall pass to the Clerk upon acceptance by the Clerk of the good, pursuant to the Prompt Payment Act. Questions regarding acceptance should be addressed to Purchasing Division at purchasing@browardclerk.org.
• Termination: The Clerk may terminate this PO at any time and for any reason, both with and without cause.
• Indemnification: Notwithstanding any other agreement, the Vendor shall be liable for and shall indemnify, defend and hold the Clerk harmless from and against all demands, claims, actions, losses, damages, and expenses, including reasonable attorney’s fees from tangible property damage or personal injury (including death) or resulting from any action or arising from the negligence or wrongdoing by Vendor, or any employee, agent, or representative, in performing its duties and responsibilities under this PO. The Vendor shall not settle such claim or litigation in any way that could impose any obligation or liability on the Clerk without express written consent. This indemnity survives the completion of the services rendered by the Vendor under this PO.
• Insurance: The vendor agrees to maintain all required liability insurance policies required by Federal and Florida Law.
• Maintenance of Records: Vendor agrees to maintain all of its records and documents in connection with the PO as required by Florida Law.
• Non-Discrimination: Vendor agrees to comply with the requirements of both Federal and Florida Law and not engage in, nor permit, any employee or subcontractor to engage in discrimination in the employment of persons because of race, color, sex, religion, pregnancy, national origin, age, disability, sexual orientation, gender identity or orientation, marital status, or political affiliation.
• E-Verify: The vendor agrees to comply with the provisions of Florida Statutes 448.095, as to the E-Verify System operated by the United States Department of Homeland Security.
• Code of Federal Regulations: The vendor agrees that it will operate with integrity, in compliance with public policy, and that it is neither suspended nor debarred in SAM.gov nor ineligible for participation in federal assistance programs or activities.
• Assignment: Vendor may not assign any of its duties and responsibilities to any other individual, business, or practice without the prior written consent of the Clerk.
• Public Records: The Vendor agrees to comply with all Public Records Laws pursuant to FLORIDA STATUTES - CHAPTER 119, and agrees and warrants that it has reviewed FLORIDA STATUTES - 119.0701 (2)(b)(1)-(4), to ensure compliance with Florida Law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF FLORIDA STATUTES - CHAPTER 119, TO CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT publicrecords@browardclerk.org, (954) 831-5849, 201 Southeast Sixth Street, Fort Lauderdale, Florida 33301.
• Governing Law: This PO shall be exclusively governed by and construed in accordance with the laws of the State of Florida, and venue shall be exclusively in Broward County, Florida.
• Entire Agreement: This PO contains the entire understanding and agreement of the Parties. No modifications hereof shall be effective, unless made in writing and issued with the same formalities as this PO. The failure of either party to insist upon strict performance of any provision hereof, or to exercise any right granted in any provision thereof, will not be construed as waiving that provision or any other provision, and the provision will continue in full force and effect.