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Agenda 09/22/2020 Item #16E12 (Advertise an Ordinance amending the Procurement Ord.)09/22/2020 EXECUTIVE SUMMARY Recommendation to authorize the County Attorney to advertise an ordinance amending Procurement Ordinance No. 2013-69, as amended, to incorporate references pertaining to the County's Direct Materials Purchase cost -savings program. OBJECTIVE: To authorize the County Attorney to advertise an amendment to Ordinance No. 2013-69, as amended, commonly known as the Collier County Procurement Ordinance. CONSIDERATIONS: On December 10, 2013, the Board adopted Ordinance No. 2013-69, which was subsequently amended through the adoption of Ordinance No. 2015-37, Ordinance No. 2015-51, Ordinance No. 2016-11, Ordinance No. 2016-19, and Ordinance No. 2018-38. Staff is now seeking Board authorization to advertise an amendment to the Procurement Ordinance to expressly adopt a Direct Materials Purchase Program, to formally incorporate a cost savings measure in the procurement of goods and materials on County projects through the sales tax exemption savings. This approach is considered a procurement best practice implementation. Staff has informally applied the sales tax exemption in FY19 and FY20 with a total costs savings of approximately $953,036. The proposed amendment seeks to adopt the following revisions: SECTION THREE: Applicability and Approved Thresholds. 5. The Board of County Commissioners encourages the implementation of cost savings measures, processes, and procedures as part of its various adopted procurement methods including but not limited to Direct Material Purchase (DMP), P-Card purchases, and bulk purchases as may be in the best interest of the County. In furtherance of implementing cost saving measures, such as Direct Material Purchases and the Board of County Commissioner's other adopted methods of procurement, the Board delegates to the Coun , Manager or his designee, the authority to manage and administer the procedures, processes and measures necessary to maximize the purchasing value of public funds expended in the procurement of materials. SECTION FOUR: Definitions. Direct Material Purchase is a cost savings measure to achieve sales tax savings through the Count, sales tax exemption by purchasing materials directly with a supplier or vendor. Other savings may be achieved in the Direct Materials Purchase process through the use of Purchasing Cards, rebates, discounts, and other cost savings measures. SECTION SIX: Duties of Procurement Services Division. 7. Tax Exemption: Procuring items for the County to exercise its tax exemption status when eligible, to include: a. Establishing and administering of a Direct Materials Purchasing Program that includes processes and procedures to encourage implementation of such savings programs and the gpplication of such related cost savings measures where it is in the best interest of the Packet Pg. 1846 16.E.12 09/22/2020 County. b. Developing and implementing other tax saving and cost saving_ opportunities and means related to purchasing and procurement. SECTION EIGHT: Exemptions from Competitive Process. 13. Direct purchase orders issued when it is in the best interest of Collier County. Collier County may make direct purchases of goods and services when the County can procure these items at a lower cost and/or realize a tax or delivery savings. Direct Material Purchase Orders derived out of Direct Material Purchases and/or other cost savings measures may be administered through contracts procured through Requests for Quote RFQ), Invitation to Bid (ITB), Construction Invitation to Bid (ITB), Request for Proposals (RFP), Invitation for Qualifications (IFQ), Construction Manager at Risk (CMAR , Design Build, Progressive Design Build, and Invitation to Negotiate ITN, as mabpplicable and or available. SECTION SIXTEEN: Payment of Invoices. Agencies under the purview of the Board of County Commissioners shall be in compliance with F.S. § 218.70, otherwise known as the "Local Government Prompt Payment Act." Pursuant to this, the requirements of this section shall apply to the following transactions: d. Direct Material Purchases. Staff recommends that the Board authorize the County Attorney to advertise the attached proposed Amendment, which incorporates the above identified revisions, to promote cost -savings in the procurement of materials on County projects and increase the efficiency and ease of administration in implementing such purchases. FISCAL IMPACT: The only negative fiscal impact will be the expense in advertising the amendment to the Ordinance. The County will see a significant savings as the program continues to expand through the agency during this period of extensive capital construction. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this action. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT RECOMMENDATION: To authorize the County Attorney to advertise an amendment to Ordinance No. 2013-69, as amended, commonly known as the Collier County Procurement Ordinance and direct staff to bring the amended ordinance back for the Board's consideration at a future meeting. (See Copy of proposed Ordinance, attached) Prepared by: Sandra Herrera, Director, Procurement Services Division Packet Pg. 1847 09/22/2020 ATTACHMENT(S) 1. Ordinance Amending Procurement Ordinance No. 2013-69 (PDF) Packet Pg. 1848 16.E.12 09/22/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.E.12 Doe ID: 13472 Item Summary: Recommendation to authorize the County Attorney to advertise an ordinance amending Procurement Ordinance No. 2013-69, as amended, to incorporate references pertaining to the County's Direct Materials Purchase cost -savings program. Meeting Date: 09/22/2020 Prepared by: Title: Manager - Procurement — Procurement Services Name: Sandra Herrera 09/04/2020 10:05 AM Submitted by: Title: Manager - Procurement — Procurement Services Name: Sandra Herrera 09/04/2020 10:05 AM Approved By: Review: Procurement Services Procurement Services Administrative Services Department Administrative Services Department County Attorney's Office Office of Management and Budget County Attorney's Office Office of Management and Budget County Manager's Office Board of County Commissioners Opal Vann Level 1 Purchasing Gatekeeper Sandra Herrera Additional Reviewer Paula Brethauer Level 1 Department Reviewer Len Price Level 2 Department Head Review Scott Teach Level 2 Attorney Review Debra Windsor Level 3 OMB Gatekeeper Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Laura Wells Additional Reviewer Nick Casalanguida Level 4 County Manager Review MaryJo Brock Meeting Pending Completed 09/04/2020 10:08 AM Completed 09/04/2020 10:10 AM Completed 09/04/2020 11:48 AM Completed 09/08/2020 4:40 PM Completed 09/09/2020 9:48 AM Completed 09/09/2020 11:23 AM Completed 09/09/2020 11:56 AM Completed 09/09/2020 1:05 PM Completed 09/16/2020 8:57 AM 09/22/2020 9:00 AM Packet Pg. 1849 16.E.12.a ORDINANCE NO.2020 - AN ORDINANCE AMENDING ORDINANCE NO.2013-69, AS AMENDED, NOW KNOWN AS THE COLLIER COUNTY PROCUREMENT ORDINANCE, BY SPECIFICALLY AMENDING SECTION THREE, "APPLICABILITY AND APPROVED THRESHOLDS," TO ADOPT A DIRECT MATERIALS PURCHASE PROGRAM; SECTION FOUR, "DEFINITIONS," TO INCLUDE THE DEFINITION FOR A DIRECT MATERIAL PURCHASE; SECTION SIX, "DUTIES OF PROCUREMENT SERVICES DIVISION," TO ADD CLARIFICATION TO THE TAX EXEMPTION PROVISION AS IT PERTAINS TO THE DIRECT MATERIALS PURCHASE PROGRAM; AND SECTION SIXTEEN, "PAYMENT OF INVOICES," TO INCLUDE A REFERENCE TO DIRECT MATERIAL PURCHASES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners (the `Board") desires to seek the maximum value for the County by procuring the best value in obtaining commodities and contractual services; and WHEREAS, to better effectuate this desire, on December 10, 2013, the Board adopted Ordinance No. 2013-69, now known as the "Collier County Procurement Ordinance"; and WHEREAS, the Board subsequently amended Ordinance No. 2013-69 through its adoption of Ordinance No. 2015-37, Ordinance No. 2015-51, Ordinance No. 2016-11, Ordinance No. 2016-19, and Ordinance No. 2018-38; and �4 M WHEREAS, the Board now seeks to further amend Ordinance No. 2013-69 to adopt a Direct N Materials Purchase Program, to provide for and promote a formal cost savings measure in the Procurement Ordinance for County projects through the application of the sales tax exemption on the County's direct purchase of materials. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Ordinance No. 2013-69, as amended, is further amended as follows: SECTION ONE: AMENDMENT TO SECTION THREE OF THE COLLIER COUNTY PROCUREMENT ORDINANCE. Section Three is hereby amended to add subparagraph number 5, as follows: SECTION THREE: Applicability and Approved Thresholds 5. The Board of Coun Commissioners encourages the implementation of cost sayings measures processes.,...and procedures as part of its various adopted procurement methods includin but not limited to Words Underlined are added; Words cfmek T4 fough are deleted. Pagel of4 Packet Pg. 1850 16.E.12.a Direct Material Purchase (DMP), P-Card purchases, and bulk purchases as mAy be in the best interest of the County. In furtherance of implementing cost saying measures, such as Direct Material Purchases and the Board of Coupjy Commissioner's other adopted methods of procurement, the Board delegates to the CouM Manner or his designee, the authoriy to manage- and administer the procedures, processes and measures necessmy to maximize the purchasing value of public funds ex ended in the procurement of materials. SECTION TWO: AMENDMENT TO SECTION FOUR OF THE COLLIER COUNTY PROCUREMENT ORDINANCE, Section Four is hereby amended to add the following additional definition: SECTION FOUR: Definitions Direct Material Purchase is a cost savings measure to achieve sales tax savings through the Coun 's sales tax exemption by purchasingmaterials directly with a..supplier or vendor. Other savings. m4y be achieved in the Direct Materials Purchase process through the use of Purchasing Cards rebates discounts and other cost savings measures. SECTION THREE: AMENDMENT TO SECTION SIX OF THE COLLIER COUNTY PROCUREMENT ORDINANCE. Section Six, subparagraph 7, is hereby amended as follows: SECTION SIX: Duties of Procurement Services Division Within the constructs of this Ordinance, the Procurement Services Division shall be responsible for: 7. Tax Exemption: Procuring items for the County to exercise its tax exemption status when eligible, to include: a. Establishing and administering a Direct Materials Purchasing Program that includes processes and procedures to encourage the implementation of such savings programs -and the application of such related cost savings measures where it is in the best interest of the Coun . Words Underlined are added, Words Struok ThFengh are deleted. Page 2 of Packet Pg. 1851 16.E.12.a b. Developing and implementing other tax saving and cost saving opportunities and means related to purchasing and procurement. SECTION FOUR: AMENDMENT TO SECTION EIGHT OF THE COLLIER COUNTY PROCUREMENT ORDINANCE. Section Eight, subparagraph 13, is hereby amended as follows: SECTION EIGHT: Exemptions from Competitive Process 13. Direct purchase orders issued when it is in the best interest of Collier County. Collier County may make direct purchases of goods and services when the County can procure these items at a lower cost and/or realize a tax or delivery savings. Direct Material Purchase Orders derived out of Direct Material Purchases and/or other cost savings measures may be administered through contracts procured through Requests for Quote RF Invitation to Bid (ITB), Construction Invitation to Bid ITB Request for Pro osals (RFP), Invitation for Oualifications Ip Construction Mana er at Risk CMAR Design Build Progressive Design Build, and Invitation to Negotiate (ITN) as may be applicable and or available. SECTION FIVE: AMENDMENT TO SECTION SIXTEEN OF THE COLLIER COUNTY o ME PROCUREMENT ORDINANCE. r 0 N Section Sixteen, subparagraph 1, is hereby amended to add subsection "d," as follows: SECTION SIXTEEN: Payment of Invoices 1. Agencies under the purview of the Board of County Commissioners shall be in compliance with F.S. § 218.70, otherwise known as the "Local Government Prompt Payment Act." Pursuant to this, the requirements of this section shall apply to the following transactions: a. The purchase of commodities and services; b. The purchase or lease of personal property; C. The lease of real property. d. Direct Material Purchases. Words Underlined are added; Words Strac ^ T-hfou^h are deleted. Page 3 of Packet Pg. 1852 16.E.12.a SECTION SIX: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION SEVEN: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinance of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION EIGHT: EFFECTIVE DATE. This Ordinance shall apply to the procurement of goods and services by the County as of the below date of adoption by the Board of County Commissioners, and shall be effective upon filing with the Department of State. co A 0 N PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Z Florida, this day of ATTEST: Crystal K. Kinzel, Clerk of Courts & Comptroller M. , Deputy Clerk Approved as to form and legality: Scott R.Teach Deputy County Attorney 2020. U c �a L O BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 0- By: BURT L. SAUNDERS, CHAIRMAN Words Underlined are added; Words del' Through are deleted. Page 4 of 4 c m E U �a r -Q Packet Pg. 1853