Agenda 02/12/2013 Item #10G 2/12/2013 10.G.
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners ("Board") direct the County
Attorney and the Clerk of Courts to jointly develop a county Purchasing Ordinance, to
review the proposed Purchasing Ordinance with county staff, and to bring the final draft of
the Purchasing Ordinance to the Board in the first meeting in March, 2013 for approval to
advertise, and for final Board adoption at the second meeting in March, 2013. Ensuring
that all county expenditures approved by the Board "shall" rather than "may" satisfy what
is required by both legal and governmental accounting standards is an obligation, not an
option of the Board.
OBJECTIVE: That the Board of County Commissioners ("Board") direct the County Attorney
and the Clerk of Courts to jointly develop a county Purchasing Ordinance, to review the
proposed Purchasing Ordinance with county staff, and to bring the final draft of the Purchasing
Ordinance to the Board in the first meeting in March, 2013 for approval to advertise, and for
final Board adoption at the second meeting in March, 2013. Ensuring that all county
expenditures approved by the Board "shall" rather than "may" satisfy what is required by both
legal and governmental accounting standards is an obligation, not an option of the Board.
CONSIDERATIONS: To avoid legal challenges with respect to county procurement practices,
and to further ensure that the expenditures made by the Board are legally valid so as to allow the
Clerk to make payment, it is necessary that the purchasing policies of the Board be formalized
into an ordinance. Over the years, challenges have been raised ranging from bid protests based
on local preference guidelines, noncompliance with RFP guidelines and conflicts in the selection
processes, to claims that the Board improperly delegated discretionary spending authority, and
that county expenditures approved by the Board were otherwise not legally valid. As such, it is
recommended that the County Attorney and the Clerk of Courts work together to develop a
county Purchasing Ordinance to satisfy both legal and governmental accounting standards to
consider at a minimum that: the expenditures of public funds are made using fair bidding
practices; elimination of conflicts of interest; avoiding the improper delegation of authority from
the Board to staff and from within staff's own ranks; and providing for such other direction to
avoid illegal expenditures from being Board approved. The County Attorney and the Clerk shall
solicit input from staff to ensure that the provisions of the proposed ordinance can by practically
implemented. It is of the utmost importance in the public's best interest that the current
purchasing policies be amended as recommended and codified into law, rather than remain
limited policy direction. Ensuring that all county expenditures approved by the Board "shall"
rather than "may" satisfy what is required by both legal and governmental accounting standards
is an obligation, not an option of the Board.
FISCAL IMPACT: None
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is legally
sufficient, and requires majority support for approval. Although this Office will endeavor in
working with the Clerk and Staff to have a proposed Purchasing Ordinance to the Board at its
first meeting in March, I believe that it is far more likely that this will take additional time. -JAK
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2/12/2013 10.G.
RECOMMENDATION: That the Board of County Commissioners ("Board") direct the
County Attorney and the Clerk of Courts to jointly develop a county Purchasing Ordinance, to
review the proposed Purchasing Ordinance with county staff, and to bring the final draft of the
Purchasing Ordinance to the Board in the first meeting in March, 2013 for approval to advertise,
and for final Board adoption at the second meeting in March, 2013. Ensuring that all county
expenditures approved by the Board "shall" rather than "may" satisfy what is required by both
legal and governmental accounting standards is an obligation, not an option of the Board.
PREPARED BY: Commissioner Georgia Hiller, Chair
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2/12/2013 10.G.
COLLIER COUNTY
Board of County Commissioners
Item Number: 10.10.G.
Item Summary: Recommendation that the Board of County Commissioners ("Board")
direct the County Attorney and the Clerk of Courts to jointly develop a county Purchasing
Ordinance,to review the proposed Purchasing Ordinance with county staff, and to bring the
final draft of the Purchasing Ordinance to the Board in the first meeting in March, 2013 for
approval to advertise, and for final Board adoption at the second meeting in March, 2013.
Ensuring that all county expenditures approved by the Board "shall" rather than "may" satisfy
what is required by both legal and governmental accounting standards is an obligation, not an
option of the Board. (Commissioner Hiller)
Meeting Date: 2/12/2013
Prepared By
Name: BrockMaryJo
Title:Executive Secretary to County Manager, CMO
2/6/2013 8:29:09 AM
Submitted by
Title:Executive Secretary to County Manager, CMO
Name: BrockMaryJo
2/6/2013 8:29:10 AM
Approved By
Name: OchsLeo
Title: County Manager
Date: 2/6/2013 12:20:15 PM
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