Agenda 04/14/2009 Item #16E 6
Agenda Item No. 16E6
April 14, 2009
Page 1 of 6
EXECUTIVE SUMMARY
Recommendation to correct a scrivener's error within the County's Purchasing Policy
regarding the hiring of legal experts and consultants pertaining to matters involving on-
going litigation.
OBJECTIVE: To properly incorporate a prior Board-approved rCVlslon of the County's
Purchasing Policy; which previously approved language was omitted during subsequent
submissions to the Board to amend other sections of the Purchasing Policy.
CONSIDERATIONS: On February 10, 2004, the Board of County Commissioners voted to
amend Sections VI.B and VII of the County's Purchasing Policy to clarify the procedures
governing the hire of legal experts and consultants pertaining to active litigation undertaken by
the County. The approved language served to exempt the hiring of legal experts from fonnal
competition and clarified the authorization process regarding the use of legal experts by the
Office of the County Attorney.
Subsequent to that action, the Board voted to amend other separate portions of the Purchasing
Policy. On at least two of those occasions, an incorrect version of Section VILH (the version that
~- existed prior to the Board's approval to amend Section Vll.H on February 10, 2004) was
inadvertently included as part of the approval of those other subsequent recommended changes
to the Purchasing Policy. At no time during the Board approved revisions to the Purchasing
Policy subsequent to the February 10, 2004, vote did staff request or recommend any further
amendment to the language in Section VII, Staff is bringing this matter forth at this time to
merely clarify the existing Board-approved policy,
A copy of the executive summary, the approved language and companion resolution from the
2004 action is enclosed. Staff is requesting that the Board correct an apparent scrivener's error
under Section VII.H and re-affinn its previous approval of the enclosed language from Section
V11.H pursuant to its action taken on February 10,2004.
FISCAL IMP ACT: None associated with this item.
GROWTH MANAGEMENT IMPACT: There is no impact on the Grov.th Management Plan.
LEGAL CONSIDERATION: This item is legally sufficient for Board action, is not quasi-
judicial and as such, ex-parte disclosure is not required. This item requires only a majority vote.
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RECOMMENDATION: That the Board of County Commissioners correct the scrivener's error
identified under Section V11.1-1 of the Purchasing Policy by ratifying the language it previously
approved on February 10,2004.
PREPARED BY: Steve Carnell, Purchasing/General Services Director
Page 1 of 1
Agenda Item No. 16E6
April 14, 2009
Page 2 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16E6
Correct Scrivener's Error in Purchasing Policy regarding the hiring of legal experts and
consultants pertaining to on-going litigation.
Meeting Date:
4/14/200990000 AM
Approved By
Steve Carnell
Purchasing/General Svcs Director
Date
Administrative Services
Purchasing
4/1/2009 3:39 PM
Approved By
Len Golden Price
Administrative Services Administrator
Date
Administrative Services
Administrative Services Admin.
4/1/2009 4:57 PM
Approved By
OMS Coordinator
OMS Coordinator
Oate
County Manager's Office
Office of Management & Budget
4/2/2009 9:26 AM
A pproved By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney Office
4/2/200910:49 AM
Approved By
Jeff Klatzkow
County Attorney
Date
County Attorney
County Attorney Office
4/2/2009 11: 36 AM
Approved By
Laura Davisson
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
4/2/20092:56 PM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
4/2/2009 6:09 PM
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AG.ENDA TRANSMITTAL SLIP I
Date Submitted: 1121/04
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o 1 Invocation and Pled e of Aile iance
o 4 Proclamations
o (7 Board of Zonin A eals
o 10 Coun Mana er's Re ort
0(13) Other Constitutional Officers
X 16 Consent A enda
Requested by:
Er
Stephen Y. Carnell
Purchasing/General Services Director
Division Head:
Len Golden Price
Administrative Services Administrator
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Requested Agenda Date: 2/10/04
2. Resolution
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Presentations
Advertised Public Hearin s
Public Comments on General To les
Airport Authority
(17 Summa A enda
Date: (/1( fei{ Reviewed by:
David C. Weigel
Cou nty Attorney
Date:
County Manager:
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3 Service Awards
o 6 Public Petitions
o (9 Board of Coun Commissioners
o 12 Count Attorne 's Re ort
o (15) Stall and Commission
General Communications
Date:
Date
I
Item Title: APPROVE RESOLUTION TO AMEND COUNTY'S PURCHASING POLICY REGARDING THE RETENTtON OF
EXPERT WITNESSES AND CONSULTANTS TO AID IN ON-GOING LITIGATION
List of Documents Attached:
1. Executive Summary (required)
3. Policy Change
5.
Fiscal Impact: No fiscal impact
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Agenda Item No. i6E6
/\Drll 14. 2009
, Pa;J8 4 of 6
EXECUTIVE SUMMARY
APPROVE RESOLUTION TO AMEND COUNTY'S PURCHASING POLICY REGARDING THE
RETENTION OF EXPERT WITNESSES AND CONSULTANTS TO AID IN ON-GOING
LITIGATION
OBJECTIVE: To enable the Office of the County Attorney to acquire expert and consultant
services pursuant to litigation and administrative proceedings in a timely and proper manner.
CONSIDERATIONS: The Office of the County Attorney, in conjunction with departments and
divisions within the County Manager's agency, routinely engage the services of experts and
consultants in the course of representing the County in civil litigation and various administrative
proceedings. These engagements are frequently entered into on short notice and without the
opportunity for competitive selection to occur.
The purchasing policy, as presently written, provides direction regarding the acquisition of legal
services in general, but does not distinctly address services provided by experts and
consultants for litigation-related purposes. Hence, it is the recommendation of both the County
Attorney and the Purchasing Director that the current policy be modified to address these
situations. Specifically, the enclosed resolution modifies the existing policy to exempt such
services from the requirements for informal and formal competition, Further, the County
Attorney would formally be given the authority to hire experts and consultants up to $50,000.
Engagements exceeding $50,000 would be reported to the Board for subsequent ratification.
FISCAL IMPAGT: Funds for these expenditures are budgeted with the operating budget of the
Office of the County Attorney or within the operating or capital budgets of the various operating
departments and divisions.
GROWTH MANAGEMENT IMPACT: There is no impact on growth management as a result of
this action.
RECOMMENDATION: That the Board of County Commissioners approve and adopt a
resolution amending the purchasing policy to clarify the requirements for acquiring the services
of experts and consultants pursuant to litigation and various administrative proceedings and
authorize the Chairman to sign the enclosed resolution on behalf of the Board.
SUBMITTED BY:
QAnri21 ~ Cz/I!!- Date:~ h.-II 0 '-f
~~ar~~II, .., . d
Purchasing/General Services Director
REVIEWED BY:
Date:
David C. Weigel,
County Attorney
REVIEWED BY:
Len Golden Price,
Administrative Services Administrator
Date:
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VII.
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!~pri:i 4 2009
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IV.
B. The requirements for requesting quotes from three (3) or more sources are
waived and do not require Board action for:
1. Purchase of library books, education and/or Personnel tests, similar
audio visual materials, periodicals, printed library cards, etc.
2. Professional services; and, in instances when authorized by the
Purchasing Director where commodities or services are purchased
directly from the owner of a copyright or patent, a govemmental
agency, a recognized educational institution, a not-for-profit entity or
when there are no other identifiable sources available.
3. Purchases that the Director has determined to be legitimate single
source purchases.
4. Valid public emergencies or other instances deemed by the Director to
be in the best interests of the County.
5. Purchase of services from experts or consultants by or throuoh the
Office of the County Attorney for purposes of preparino for or defendino
aoainst imminent or pendino civillitioation or administrative
proceedinos.
G. Requests for outside legal services will be referred to the County Manager
and the County Attorney for review and comment as to whether said
services are necessary and/or appropriate. Requests for outside legal
services may be exempted from formal competition by the Board of County
Commissioners at the request of the County Manager or County Attorney.
H. The acouisition of services from experts or consultants for purposes of
preparino for or defendino aoainst imminent or pendino Iitioation or
administrative proceedinos shall be exempt from all competitive
reouirements of this policv. Any such acouisitions that do not exceed
$50,000 may be approved by the County Attorney and the Purchasino
Department without further action. Acouisitions that exceed $50.000 may
be authorized by the County Attorney and the Purchasino Department, but
will be reported at a reoular meetino of the Board for ratification.
Agenda :tern No.1 -6
April 14. 09
Page 6 6
RESOLUTION NO. 2004- ~
A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING COLLIER COUNTY RESOLUTION 2001-
482 AND THE PURCHASING POLICY REFERENCED THEREBY TO
CLARIFY THE PROCESS REGARDING THE ACQUISITION OF LEGAL
EXPERTS AND CONSULTANTS.
WHEREAS, Collier Couoty Ordinance 87-25 provides for tbe establisbment of a
purchasing policy to govern all aspects of purchasing administration; and
WHEREAS, tbe Board of County Commissioners on December 11. 2001 adopted a
purcbasing policy by Resolution 2001-482; and
WHEREAS. the Collier County Attorney's Office is seeking to clarify tbe purcbasing
policy regarding litigation support and to facilitate effective litigation strategy:
NOW, THEREFORE. BE IT RESOL YED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that:
Resolution 2001-482 and sections IV. B.5 and YII H. of the purcbasing policy attacbed
thereto and incorporated herein are hereby amended by this Resolution, attached hereto and
incorporated herein by reference.
Tbis Resolution adopted this _ day of
, 2004 after motion, second
and majority vote favoring same.
ATfEST:
DWIGHT I,t BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
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