Ordinance 2020-028 ORDINANCE NO.2020-2 g
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
WHEREAS, the Board now seeks to further amend Ordinance No. 2013-69 to adopt a Direct
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
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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
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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
County 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.
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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
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Direct Material Purchase is a cost savings measure to achieve sales tax savings through the County's
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 THREE: AMENDMENT TO SECTION SIX OF THE COLLIER COUNTY
PROCUREMENT ORDINANCE.
Section Six,subparagraph 7,is hereby amended,as follows:
e SECTION SIX:Duties of Procurement Services Division
Within the constructs of this Ordinance, the Procurement Services Division shall be responsible
for:
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r:.
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
County.
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b. Developing and implementing other tax saving and cost saving opportunities and
means related to purchasing and procurement.
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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
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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(IFO), Construction Manager 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
PROCUREMENT ORDINANCE.
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.
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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.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida,this (341‘ day of 2020.
ATTEST: „ , BOARD OF COUNTY COMMISSIONERS
Crystal IS erkpf Courts COLLIER COUNTY,FLORIDA
&Compfroller • . !,
i
By: By, t14
Attest as to Chailan's epu erk BURT L.SAUNDERS,CHAIRMAN
signature only.
This ordinance fi'ed with the
A o ed as to fop gality: t< fia s Offic? the
Se�U Y of��`� �-,�� `_
�- rt+ertt !ha!
Scott R.Teach and i r cewi'd�'
filing re�tei kd this _ day
Deputy County Attorney of Obt
By Clerk
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M.LEE
Governor Secretary of State
October 19, 2020
Ms. Martha S. Vergara, BMR& VAB Senior Deputy Clerk
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite#401
Naples, Florida 34112
Dear Ms. Vergara:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2020-28, which was filed in this office on October 19,
2020.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270