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Backup Documents 10/27/2015 Item #11E ISE y 6yC-g November 12, 2013 Do we agree or disagree? I 1 En MS. PRICE: To the extent that this language was written, I think the Clerk has no objection to this little bit of rewrite. We've made it the County Manager who would do the approval, we added the words exigent circumstance as well as valid public emergency. And I don't believe that we've got any disagreements on how to use that. It's really just how often this is going to be used, based on some of those other factors that we're going to have to come to some resolution on. CHAIRWOMAN HILLER: Well, I think first of all exigent circumstances should be defined. And then it does become the burden of the County Manager to approve it and bring it to the Board for ratification before it goes to the Clerk for payment. And again, one thing that's missing from this policy is that, you know, the ratification has to occur before it goes to the Clerk for payment. And as long as the County Manager has the discretion, I mean, we will defer to the County Manager for, you know, properly administering the decision to make a purchase which falls under an exigent circumstance. But just define it. Can that be defined? MR. KLATZKOW: Exigent? You could use the dictionary definition. I mean -- CHAIRWOMAN HILLER: Come up with -- so there has to be some common understanding as to, you know, what is considered extreme to justify triggering this. COMMISSIONER FIALA: Like for instance one of the pipes that blew up underground in the water department, that was -- CHAIRWOMAN HILLER: Like for example -- right, like exigent would be something that compromises public health and safety. MR. BROCK: That's an emergency under the statute. COMMISSIONER FIALA: I was going to say -- CHAIRWOMAN HILLER: Right. MR. BROCK: All of the purchasing policy statutes have the Page 90 November 12, 2013 emergency. The only thing that is important in this to me is that it gets approved by the Board when the bill comes to me. CHAIRWOMAN HILLER: So again, so let's just add, you know, the statutory definition of emergency, and then make sure that we add that it comes to the Board for ratification prior to going to the Clerk for payment. And then that resolves that issue, doesn't it, because it gives the County Manager the discretion to handle that issue as it arises and then the Board ratifies your judgment. MR. OCHS: Yes, ma'am. As long as you know that it's -- COMMISSIONER NANCE: Doesn't the Board commonly do this with the County Manager when the Board is on sabbatical over the summer on numerous decisions, not particularly related to spending? MR. OCHS: Yes, sir. Your current policy says in effect that if there's an emergency purchase made that we have the authority to do that and bring it back for Board ratification at the next available meeting. CHAIRWOMAN HILLER: So it basically -- so there should be no problem, there should be no disagreement on this issue. We're just, you know, making it clear as to -- MS. PRICE: Correct. CHAIRWOMAN HILLER: -- the timing and the definition of an emergency. MR. OCHS: I don't know about -- if the payment issue has cropped up or not. MS. PRICE: Well, we were certainly aware that by bringing it to the first available Board meeting we'd be bringing it as soon as we possibly can. More often than not it would be well within time to make the payment. The only time that that would be an issue would be during the Board's recess which we've managed to deal with for the last umpty ump years, so I'm sure we can continue with that. Page 91 r." November 12, 2013 COMMISSIONER HENNING: It's on our agenda today. CHAIRWOMAN HILLER: Right. And it's going to be brought back. The advertised format will be brought back in December with the first advertising in December, and then the second advertising at the first meeting in January. MR. KLATZKOW: No, no, no, no. One advertising. COMMISSIONER FIALA: I'm sorry? MR. KLATZKOW: We do one advertising. Do you want -- my question is -- CHAIRWOMAN HILLER: Oh, I didn't -- I thought you did two. MR. KLATZKOW: No, City of Naples does two, we do one. CHAIRWOMAN HILLER: Okay, sorry. MR. KLATZKOW: Do you want me to advertise? I mean, I've got the title. It's in your packet. That's the title. CHAIRWOMAN HILLER: Right. MR. KLATZKOW: All right? The rest of the ordinance you can change on the floor. So the question I have is because the item was to ask you to direct whether or not you wanted to advertise this. CHAIRWOMAN HILLER: Yeah. I mean, the changes are like I said, you agree on contract administration; you're adding the definition of scope; you agree on emergency; you're adding the definition of exigent; you're eliminating surplus; you're eliminating contracts under 50; you're eliminating P card; you're not including the local vendor because we'll make that a modification in the future; and you're adding one policy that basically provides it has to be approved by the Board and the Board has to find a valid legal purpose. MR. BROCK: You're not suggesting that they have to not use P cards. CHAIRWOMAN HILLER: No, that's -- for the 25th time, I'm saying that how you make a purchase will be determined in the purchasing manual by staff. If they want to use P cards, they can use Page 168