Item N4BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 1/16/2014
Department: County Attorney's Office
Bulk Item: Yes X No
Staff Contact: Christine Limbert- Barrows 292 -3470
AGENDA ITEM WORDING:
Approval of the revised Purchasing Policies and Procedures Manual
ITEM BACKGROUND:
The Purchasing Policies and Procedures Manual is being revised to reflect correct, updated and
improved administrative instructions; to clearly outline the purchasing authority levels and modify the
requisite request to purchase forms from $250 to $1,000.01; to include all updated forms and other
minor changes.
PREVIOUS RELEVANT BOCC ACTION:
3/21/12, approval of Section 2 -346 and 2 -347 of the Monroe County Code regarding competitive
bidding procedures. 9/21/12, approval of revisions to the Purchasing Policies and Procedures Manual.
CONTRACT /AGREEMENT CHANGES:
The changes are reflected with S#r4ket-hough text for deletions and underline text for additions.
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: N/A INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No
APPROVED BY: County A
AMOUNT PER MONTH Year
OMB /Purchasing Risk Management
DOCUMENTATION: Included X
Not Required
DISPOSITION: AGENDA ITEM #
Monroe County
Purchasing Policy
Monroe County Purchasing Policy and Procedures
Table of Contents
CHAPTER 1 - INTRODUCTION ........................................................ ..............................4
CHAPTER 2 - AUTHORITY & DUTIES ............................................. ..............................4
A. Board of County Commissioners ................................................................................... ..............................4
B . County Administrator ..................................................................................................... ..............................4
C. Office of Budget and Finance ........................................................................................ ..............................5
D . Requesting Department .................................................................................................. ..............................6
E . Delegation of Authority ................................................................................................... ..............................7
F. Purchasing Authority ...................................................................................................... ..............................7
G. Non - discrimination .......................................................................................................... ..............................9
CHAPTER 3 - COMPETITIVE SOLICITATION PROCESS .............. ..............................9
A. Notice Inviting Competitive Solicitation ........................................................................ ..............................9
B. Procedure for Competitive Solicitation ........................................................................ .............................13
C. Tie Bids /Proposals .......................................................................................................... .............................15
D . Rejection of Bids /Proposals ........................................................................................... .............................15
E . Waiver of Irregularities ................................................................................................. .............................16
F. Award of Contract .......................................................................................................... .............................16
CHAPTER 4 - PURCHASE OF PROFESSIONAL SERVICES ........ .............................16
A. Definition ......................................................................................................................... .............................16
B . Methods of acquisition ................................................................................................... .............................17
CHAPTER 5 - DESIGN /BUILD CONTRACTS ................................. .............................17
A. Procedure ........................................................................................................................ .............................17
CHAPTER 6 - CONTRACTS /AGREEMENTS ................................. .............................20
A. Contract Review ............................................................................................................. .............................20
B . Requirements .................................................................................................................. .............................20
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C . CPI Computation ........................................................................................................... .............................21
D . Exceptions ....................................................................................................................... .............................21
E . Preference to Florida businesses (FS 287. 084) ............................................................. .............................22
F. Preference to businesses with drug -free workplace programs (F.S.
287. 087) .. ............................122
CHAPTER7 - EXCLUSIONS ........................................................... .............................22
A. Sole Source ...................................................................................................................... .............................22
B . Emergency Purchases ....................................................................... .............................23
C. State Contracts, GSA Contracts or SNAPS ................................................................. .............................25
D . Previously Approved Projects ....................................................................................... .............................26
E . Piggybacking ................................................................................................................... .............................25
CHAPTER 8 - BLANKET PURCHASE ORDERS ............................ .............................26
CHAPTER 9 - MINORITY BUSINESS ENTERPRISE (MBE), SMALL BUSINESS
& DISADVANTAGED BUSINESSES ......................... .............................27
CHAPTER 10 - PURCHASE OF INSURANCE ................................ .............................27
CHAPTER 11 - RECYCLED CONTENT PRODUCTS ................... ............................... 27
CHAPTER 12 - SURPLUS ITEMS ................................................... .............................28
CHAPTER 14 - PURCHASING CARD POLICY ...................... .............................33
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MISSION STA TEMENT
Purchasing Section Monroe County Administrative Services
Our mission is to provide quality purchasing and contracting support to all county departments
in a timely, cost effective and professional manner. As purchasing professionals:
• We follow a strict Code of Ethics, avoiding the appearance of and preventing the
opportunity for favoritism.
• We seek to maximize the purchasing power of the public funds, while promoting fair and
open competition.
• We strive to create a work environment that demonstrates teamwork, respect, integrity
and honest communication.
The purpose of the County's Purchasing Policy (policy) is to secure economy in the construction
of County public works and in the expenditure of County funds for services, materials, supplies,
and equipment. The policy is intended to promote actual, honest and effective competition and
protect the taxpayers from collusive contracts, favoritism, fraud, extravagance, and
improvidence. The policies and procedures outlined herein are governed by Florida Statutes and
Monroe County Ordinances, most of which are codified in the Monroe County Code (MCC),
most recently in effect.
CHAPTER 2 - AUTHORITY & DUTIES
A. Board of County Commissioners
The Procurement Policy Office consists of the Monroe County Board of County Commissioners
which is hereinafter referred to as the BOCC.
The BOCC shall decide all matters of policy including those referred to it
by the Chief Procurement Officer.
2. No contract for goods or services may be awarded without the approval of
the BOCC, unless authorized by MCC or this policy.
B. County Administrator
The County Administrator is the Chief Procurement Officer and shall have
the authority and responsibility to adopt administrative instructions for the
procurement of supplies, services, and construction in accordance with
policy adopted by the BOCC. The purpose of such administrative
instruction shall be to clarify or refine the provisions of the County code
on purchasing and /or the Purchasing Policies and Procedures. In the event
of any inconsistencies, the County Code provisions shall prevail over
Policies and Procedures, the Policies and Procedures shall prevail over
Administrative Instructions.
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2. The County Administrator has contract approval authority as set forth in
Monroe County Code section 2 -58 subsections (b) through (e).
C. Office of Budget and Finance
There is a Purchasing Section within the Department of Budget and
Finance. The Director of Budget and Finance shall head the Purchasing
Section and in such capacity be additionally referred to as the Purchasing
Director.
2. The Purchasing Director, with the approval of the County Administrator,
may originate or modify a Monroe County Administrative Instruction that
delineates specific procedures for governing the procurement process as
defined by County Ordinance and this Policy.
3. The duties of the Purchasing Section are as follows:
(a) Assures that supplies used by various departments will be uniform
whenever consistent with operational goals and in the interest of efficiency
or economy. The Requesting Department must justify in writing the need
for a special type of item.
(b) Makes alternative suggestions to the Requesting Department if
requested specifications would restrict competition or otherwise preclude
the most economical purchase of the required items. In case of
disagreement as to the content of the specifications, the County
Administrator shall make the final determination.
(c) Seeks purchases through State, Federal Agencies, Associations or
other governmental agencies if the Requesting Department makes a
request for same and such purchases may be in the best interest of the
County.
(d) Reviews all request for purchases of goods and services. Upon
review and receipt of a request to purchase from the requesting
department, the purchasing section will issue the purchase order with a
copy to the Clerk's finance department, including the request for purchase
if the purchase is for X58- $1,000.01 or more or is approved by
the BOCC. In the event of an irregularity or departure from policy,
the purchase order will be referred to the Division Director or
County Administrator.
(e) The Purchasing Section will post procurement opportunities on
DemandStar. In the event a department maintains a list of potential
bidders /proposers (with fax number or email address) that list should be
provided to the purchasing section for upload to DemandStar.
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(f) Checks convicted /suspended vendor list prior to issuance of a bid
tabulation.
(g) Tabulate the responses to RFBs and submit the tabulation to the
Requesting Department for determination of the low bidder. When one or
more bidders propose(s) an alternative as "an equal" to that specified in
the competitive solicitation. Whether the proposed substitution is, in fact,
an equal is to be determined by the Requesting Department.
(h) Reviews all requests for contracts for goods and services prior to
submission to the BOCC for review and execution.
(i) Issue purchase orders in response to request to purchase, and
forwards the purchase orders to the Clerk's Finance Department unless the
item is below $2-50 $1,000.01 dollar value or the purchase has been made
through a competitive solicitation which has been approved by the BOCC.
D. Requesting Department
1. Must submit a written or electronic "Request to Purchase" to the
Purchasing Section for all purchases of goods and services that exceeds
$250.00 $1,OOO.Provides adequate description of needed items so the
Purchasing Section can assist in preparing specifications to procure the
desired items and or services.
2. Provides written justification for a special type of item and or "Sole
Source" vendor for which only the BOCC, County Administrator or
Director of Purchasing may approve at the appropriate level of purchasing
authority. The Purchasing Section must in all cases evaluate the request
for any such commodity, service or source.
3. Ensures that internal controls are present within the department that
include, at a minimum, that there are a minimum of two people involved
in the initiation of the Request to Purchase through the verification of
receipt of goods or services with a person other than the one who order the
item verifying receipt by signing the invoice, bill of lading or other similar
document. For goods that are purchased in any individual purchase order
for which the total dollar amount equals or exceeds $2,500 internal
controls should be increased either through additional employees involved
in the process and /or through thorough documentation of the receipt and
application of the goods.
4. Secures P.O.'s on all purchases made during an emergency, and must be
signed by the required authority. Provides the E.O.C. with a list of P.O.
numbers to be utilized in the event that the normal County operations are
closed.
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The Requesting Department or the vendor must complete a "Vendor
request form" and "W -9" if such documentation is not already maintained
in the finance system.
E. Delegation of Authority
Subject to the limitations of these policies and any additional procedures of the County
Administrator, the Purchasing Director may delegate authority when and where such action is
deemed necessary.
F. Purchasing Authority
Purchasing Authority is defined as signature verification of original invoicing for receipt of the
ordered goods or services for payment by Purchase Order, Audit Slip, or other fiscal documents.
The Purchasing form shall Unless specifically authorized by ordinance, all contracts, however
titled — Memorandum of Agreement, Agreement, Memorandum of Understanding, Contract etc.
— shall be approved by the Board of County Commissioners.
1. In order to ensure pier fiscal control purchasing Authority shall be
limited to the County Administrator, Deputy County Administrator,
Purchasing Director, Division Directors, and Department Director, unless
a designee is approved and authorized by the County Administrator or
Deputy County Administrator. 111 Vili{✓ a°-- to easufe proper fiseal ee
The County Administrator and Deputy County Administrator shall have
authority to sign request to purchase up to $49,999.99. The Purchasing
Director and Division Directors shall sign off on all purchase orders and
shall have authority to sign purchase orders up to —$ 0,000 $25,000
without the Administrator or Deputy Administrator signatures.
PURCHASING LEVELS
WHAT TO DO?
PURCHASING AUTHORITY
FOR TOTAL DOLLAR
(WHO APPROVES /PAYS)
AMOUNT
$-01-$1,000.00
Purchase Order not required
Department Director or their
designees
$1,000.01 - $5,000.00
Requires Request to Purchase form written or
Department Director only
electronic to Purchasing.
$5,000.01 - $25,000.00
Request to Purchase form along with two (2) or
Purchasing Director and Division
more written price quotes as documented by
Director only
Requesting Departments.
$25,000.01 - $49,999.99
Request to Purchase form along with two (2) or
County Administrator only
more written price quotes. Requesting
Department will solicit bids in conjunction with
the Purchasing Department.
$50,000.00 AND OVER
Competitive Bid process
BOCC
BOCC prior approval required. Governed by
County ordinance, as supplemented by the
Purchasing Policies and Procedures Manual.
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2. If the County Administrator or Purchasing Director determines such to be
in the County's best interests, the requirements for two or more written
quotes or competitive solicitation may be required for purchasing goods
or services at a lower level of procurement requirements than shown in the
£twin chart.
3. A contract may not be split into multiple contracts for services, goods or
public improvement for the purposes of evading the requirements of this
section. Where a procurement of services, goods or public improvement
are cyclical in nature or have to be procured in phases, the requesting
department shall, to the maximum extent practicable, contract for the full
scope of the service, good or public improvement based on an estimate of
the full scope of service, good or public improvement anticipated to be
required at the time of bidding. For purposes of this section when
consecutive multiple contracts for services, goods or public improvement
are issued because the full scope of the service, good or public
improvement are unknown or cannot be determined or is a function of the
funding source (e.g. grant funding available for a portion and further grant
funding unknown) or as a result of other agency requirements (e.g. sewer
connection notices), such contracts shall not be considered as split and
each contract shall stand alone for purposes of purchasing level
classification.
4. The following purchase thresholds shall be applied to all purchases based
on the cumulative value of the purchase regardless of whether the
purchase is a one -time, one event, purchase or a recurring, multiple event
purchase which may exceed a 12 month period.
5. The actual amount of the invoice, bill of lading or similar document shall
not exceed the purchase order amount by more than 20 %.
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G. Non - discrimination
It is the policy of Monroe County to provide equal opportunity to all qualified persons in gaining
entry to do business with the County. To help achieve an optimum level of competitiveness,
Monroe County does not discriminate on the basis of race, color, sex, national origin, religion,
age or disability in its purchase of goods and services.
CHAPTER 3 - COMPETITIVE SOLICITATION PROCESS
A. Notice Inviting Competitive Solicitations
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The competitive solicitations notices shall comply with any applicable
statutes and the following shall also apply:
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C) The competitive solicitations for services, goods or public works
that are projected to cost $500,000.00 or more must be publicly
advertised in a newspaper of general circulation in the County, on
a date that is no later than 45 days (excluding the publication date)
before the date established for the for the b - o Ueti iy
s olicitation opening
In addition, Notice shall also be publicly posted by the Purchasing QLfic
Se -in a consistent public location for the same time periods shown
above.
4. All , cqjg1Wityg received must remain valid for a
minimum period of ninety (90) days from the a %4 gqm share
solicitation, opening.
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6. Addenda: An addendum to a specification shall be defined as an addition
or change in the already prepared specifications for which an invitation
has been mailed for formal quotations or an announcement has been
posted for competitive solicitation.
A ddenda must b e 1) d anA ava ablq o
no later.than i s e s ar t d�legj e a g
p . cat UgjLt the )p i n , nd /o in (Ir it , c, yvi :h
gl tl 2 _ pll al I t i ent: .r. q _,
to eaeh cogs ° -et tiY
solicitation.
C) Each r Mme j W diW-propoaff shall examine all competitive
solicitation documents and shall judge all matters relating to the
adequacy and accuracy of such documents. Any inquiries,
suggestions, or requests concerning interpretation, clarification, or
additional information pertaining to the competitive solicitation
shall be made to the Requesting Department. The issuance of a
written addendum is the only official method whereby
interpretation, clarification or additional information can be given.
If any addenda are issued, Monroe County will attempt to notify all
prospective t esd c 4id who have secured the
same.
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B. Procedure for Competitive Solicitation
3. All Respondents submitting 1 for
construction, improvement, remodeling or repair of public buildings, will
furnish evidence that they bidden p -*jw*',ef holds- the r til ed 1 t an
appropriate current certificate or registration per Ch. 489.131 F.S. unless
exempt under Ch. 489.103 F.S.
4. All openings shall be open to the public and the Purchasing Office
kfima gtv. shall certify and keep a record of said openings. All � pjnp(Lt Ltive
solicitations hids shall be stamped with the date and
time of receipt by the Purchasing Office4affand remain under lock.
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6. The Requesting Department shall review the information submitted
pursuant to MCC Section 2- 347(h) in determining a responsible r ondg
a ., ti ., w The Department head/Requesting Department may
consult with the County Attorney or other departments to assist with the
evaluation or investigation of this information.
a) The Requesting Department may use a selection committee
appointed by the Department or Division director to review,
analyze, evaluate and rank/rate the applicable solicitation
responses received and report their findings to the BOCC for
consideration and approval. In the event a selection committee is
to be used, the solicitation shall so specify.
Selection committees shall be comprised of no less than three(3),
and no more than seven (7), members.
Each selection committee shall have at least one member who is
employed by the requesting department and at least one member
who is not employed by the requesting department. Depending on
the extent of technical information that may be contained in any
solicitation, the Department or Division director may appoint
several members from his department, but no more than 2/3 of the
members may be from the same department. There shall be no
consultants contracted by the County and no County
Commissioners on a selection committee. Generally, no County
Attorney shall be a voting member of a selection committee unless
the County Attorney's office is the requesting department.
If the issue(s) involve any other government agency, the
Department or Division director may appoint someone from an
affected agency to be on the committee.
7. A BOCC meeting agenda item shall be prepared by the Requesting
Department and attached to the recommended bid. A hard copy and
electronic file of the agenda item summary sheet should be forwarded to
the Purchasing Qffice ` to be retained in the competitive solicitation
file.
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9. The County Administrator and/or appropriate Division or Department
Director will be responsible for presenting recommendations to the
BOCC.
10. Once the BOCC has made a decision, the Requesting Division Director or
Department Head or the designated contract manager will be responsible
for ensuring the accomplishment of that which was approved and issuing a
P.O. for the full contract purchase amount.
11. When the BOCC directs staff to provide for oral presentations to be made
on a competitive solicitation all the procedures in F.S. 286.0113, F.S.
119.07(1) and Section 24(a), Art I. of the State Constitution shall control.
C. Tie Responses idslRrepesal�
D. Rejection of Responses Bk1S44WGsals
1. The BOCC shall have the authority to reject any and all
af+y-othtT-responses to a competitive solicitation request.
2. If the lowest, responsible p� pons `., s l exceeds the budgeted
amount and the BOCC does not appropriate additional funds, the
requesting authority may solicit approval from the BOCC to amend the
project specifications and re- advertise the competitive solicitation.
3. If no res cn bidqwoposal is received, the BOCC may be requested to
authorize the County Administrator to undertake a different level of
competitive selection, including but not limited to a request for letters of
interest, and, upon receipt of any response to get approval from the BOCC
to proceed with a second mechanism, which may include direct
negotiations to purchase the item/service. The BOCC would then consider
the results of said negotiations and determine whether acquisition of these
goods or services at the negotiated price would be in the County's best
interest, and if so, authorize the requisition.
4. Late responses &,--p"iesals-er-fetAies. Any and all pqsponsqs bids,-
pfopeial ° , s, received after the time and date of acceptance will not
be accepted.
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E. Waiver of Irregularities
The BOCC shall have the authority to waive any and all irregularities in any and all formal bids,
proposals or other responses to competitive solicitation requests.
F Award of Contract
The Mayor, when authorized by majority vote of the BOCC, shall execute formal contracts
having a binding effect upon the County.
CHAPTER 4 - PURCHASE OF PROFESSIONAL SERVICES
A. Definition
A professional service shall be defined as assistance obtained in support of County operations
from an independent contractor in one or more of the following professional fields:
1. Appraisal Services - real and personal property appraisers (as per Chapter
125.355, FS).
2. Architecture, professional engineering, landscape architecture, or
registered land surveying services (as per Chapter 287.055, FS).
3. Audit and Accounting Services - auditors and accountants (excepting the
selection of the annual auditor which shall be conducted as per Chapter
11.45, FS).
4. Consultants - planning, management, technological or scientific advisors.
5. Financial Services - bond counsel, rating and underwriting, financial
advisor, and investment services.
6. Legal Services - attorneys and legal professionals authorized by the Office
of the County Attorney, including expert witnesses, conflict counsel,
Division of Administrative Hearings (DOAH) services, lobbying services,
interpreter services, court reporting services or advertising services and
any other services required by the Office of the County Attorney.
7. Medical Services - medicine, psychiatry, dental, hospital, and other health
professionals.
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B. Methods of acquisition
Because differences in price may only be a minor concern compared to qualitative
considerations, professional services may be exempted by the BOCC from the competitive
bidding process. When purchasing professional services below $50,000.00, obtaining price
quotes as set forth in Chapter 2 of this policy is strongly recommended, but are not required. The
Requesting Department should document why price quotes are not provided. The County
Administrator may require competitive solicitation bidding in the form of an RFQ or RFP.
Professional services, subject to the competitive solicitation process, will be typically acquired
through one of the following methods:
1. Competitive Selection and Negotiation - per Chapter 287.055, (4) & (5)
F.S. Consultants Competitive Negotiations Act ( "CCNA ").
2. Request for Qualifications (RFQ).
a) Responding firms are ranked based upon criteria set forth in the
RFQ. If presentations are requested by the County they will be
held in compliance with F.S. 286.0113.
b) The County will negotiate a contract with the firm selected by the
BOCC as the highest ranked firm /individual.
C) The negotiated contract will be reviewed and placed before the
BOCC for approval.
Requests for outside legal services will be referred to the County Administrator 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 BOCC at
the request of the County Administrator or County Attorney.
CHAPTER 5 - DESIGN /BUILD CONTRACTS
A. Procedure
Procurements for the design and construction of public construction
projects may be obtained through a single contract with a firm selected in
a manner permitted under Chapter 287.055, F.S. and the procedures set
forth in this section.
2. For the purpose of this section, the following definitions shall apply:
a) A "design/build firm" means a partnership, corporation, or other
legal entity which is:
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(1) Certified under Chapter 489.119, F.S., to engage in
contracting through a certified or registered building
contractor as the qualifying agent: and;
(2) Certified under Chapter 471.023, F.S., to practice or to
offer to practice engineering; certified under Chapter
481.219 F.S., to practice or to offer to practice architecture;
or certified under Chapter 481.319 F.S., to practice or to
offer to practice landscape architecture.
b) A "design/build contract" means a single contract with a design
build firm for the design and construction of a public construction
project.
C) A "design criteria package" means concise performance - oriented
drawings or specifications of the public construction project. The
purpose of the design criteria package is to furnish sufficient
information so as to permit design -build firms to prepare a bid or a
response to a Department request for proposal, or to permit a
Department to enter into negotiated design -build contract. The
design criteria package shall specify such performance -based
criteria for the public construction project, including, but not
limited to, the legal description of the site, survey information
concerning the site interior space requirements, material quality
standards, schematic layouts and conceptual design criteria of the
project, cost or budget estimates, design and construction
schedules, site development requirements, provisions for utilities,
storm water retention and disposal, and parking requirements, as
may be applicable to the project.
d) A "design criteria professional" means a firm that holds a current
certificate of registration under Chapter 481 F.S. to practice
architecture or landscape architecture or a firm who holds a current
certificate as a registered engineer under Section 471 F.S. to
practice engineering and provide professional architect services,
landscape architect services, or engineering services in connection
with the preparation of the design criteria package.
3. The design criteria package shall be prepared and sealed by a design
criteria professional employed or retained by the BOCC. If the BOCC
elects to enter into a professional services contract for the preparation of
the design criteria package, then the design criteria professional shall be
selected and contracted with in accordance with the requirements of
Chapter 287.055 F.S. The design criteria services of a firm under
continuing contract may also be utilized if the project construction costs
are estimated not to exceed $2million and provisions for design criteria
services are included within or added to such contracts. All solicitations
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for professional services to prepare a design criteria package(s) shall
inform the recipient firms of the following information:
a) A description of the project;
b) The work to be performed;
C) Written notification that the design criteria professional who has
been selected to prepare the design criteria package shall not be
eligible to render services under a design -build contract executed
pursuant to the design criteria package.
4. Upon completion of the Design Criteria Package, procurements of
Design/Build services shall be processed in a manner consistent with
Chapter 3 Competitive Solicitation Process.
5. The BOCC may appoint, direct and empower a technically qualified
screening committee to review, analyze, evaluate and rank/rate the
applicable Design/Build proposals and report their findings and
recommendations back to the BOCC for consideration and contract award.
6. The BOCC may declare a public emergency, where appropriate and
authorize the using Division or Department to negotiate an agreement for
BOCC approval with the best - qualified design -build firm available at that
time.
7. In lieu of the design/build contractor selection procedure described above,
the Division or Department may use a process established by statute and
authorized by the BOCC, however, for all design/build competitive
selection documents the following shall apply:
a) Proposals must consist of a technical proposal and a price
proposal. The two proposals must be segmented into separate
sealed packages and clearly marked
(1) The technical proposal must include all the information
requested in response to the scope of services described in
the design criteria package
(2) The price proposal must include one lump sum cost for all
costs of the project as defined by the scope of services of
the design criteria package.
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CHAPTER 6 - CONTRACTS /AGREEMENTS
A. Contract Review
1. All Contracts, leases and /or agreements shall be reviewed by Risk
Management, Purchasing, the appropriate Division Director, and the
County Attorney's Office prior to being placed on the agenda for BOCC
approval. A contract summary will be attached to each
contract /agreement. All agenda item summaries and contract summaries
accompanying agenda items shall be prepared by the Requesting
Department.
2. The Division Director of an approved contract/agreement shall designate a
Contract Manager who shall be responsible for enforcing performance of
said contract/agreement terms and conditions.
B. Requirements
1. Per Fla. Statutes, Chapter 287.0582 all contracts which bind Monroe
County for the purchase of services or tangible personal property for a
period in excess of one (1) fiscal year must have the following statement
included in the contract. "Monroe County's performance and obligation
to pay under this contract is contingent upon an annual appropriation by
the BOCC."
2. Public Entity Crime Statement. All requests for competitive solicitation
and any contract document shall
contain a statement which reads as follows (Section 287.133 FS): "A
person or affiliate who has been placed on the convicted vendor list
following a conviction for public entity crime may not submit a bid,
proposal, or reply on a contract to provide any goods or services to a
public entity, may not submit a bid, proposal, or reply on a contract with a
public entity for the construction or repair of a public building or public
work, may not submit bids on leases of real property to public entity, may
not be awarded or perform work as a contractor, supplier, subcontractor,
or consultant under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided
in Section 287.017, for CATEGORY TWO for a period of 36 months
from the date of being placed on the convicted vendor list."
3. Ethics Clause. Each contract/agreement entered into by the County shall
contain in accordance with Section 5 (b) Monroe County Ordinance No.
010 -1990 the following ethics clause; "(Person or business entity)
warrants that he /it had not employed, retained or otherwise had act on
his /its behalf any former County officer or employee subject to the
prohibition of Section 2 of Ordinance No. 010 -1990 or any County officer
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or employee in violation of Section 3 of Ordinance No. 020 -1990. For
breach or violation of this provision the County may, in its discretion,
terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover the full
amount of any fee, commission, percentage, gift, or consideration paid to
the former County officer or employee."
4. Non - Collusion Statement: Each bid shall contain the appropriately
worded non - collusion certification.
5. Drug Free Workplace: Each bid shall contain an executed "Drug Free
Workplace" form.
C. CPi Computation
A multi -year contract/agreement amount agreed to herein may be adjusted annually in
accordance with the percentage change in the Consumer Price Index for all urban consumers
(CPT -U), for the year ending December 31 of the previous year.
D. Exceptions
1. There are certain expenditures for which the processing of a purchase
order is unnecessary. The following should be made without purchase
orders, but audit slips must be attached to invoices before being sent to
Clerk's Finance Department for payment:
a) Employee expenses such as conference expenses, hotel expenses,
mileage and other reimbursable expenses in performance of day -
to -day duties.
b) Interdepartmental charges - billings for specific office repairs,
fuels from bulk storage, County vehicle maintenance or repairs,
etc.
2. The Purchase of the following specific goods and or services requires a
purchase order and in addition shall be regulated by the appropriate
Administrative Instruction.
a) All radio communications service and equipment - including but
not limited to two -way personnel and vehicle radios, beepers and
etc. Monroe County Administrative Instruction #5511.
b) All telephone systems, lines, services, equipment and audit costs
for same. Monroe County Administrative Instruction #4401.
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c) All computers and or data communications hardware, software,
product and services. Monroe County Administrative Instruction
#4401.
d) Business cards are subject to Monroe County Administrative
Instruction #4800.
e) All travel shall be approved and/or regulated by the Monroe
County Administrative Instruction #4716.
f) All purchase of vehicles, rolling equipment or emergency
generators (excluding fire trucks and ambulances) shall conform to
Monroe County Administrative Instruction #6402.
E. Preference to Florida businesses (FS 287.084)
When required to make purchases of personal property through competitive solicitation and the
lowest responsible and responsive Les cans l " , , . is a vendor whose principal
place of business is in the State of Florida, then the County may award a preference to the lowest
responsible and responsive vendor having a principal place of business within the State of
Florida. However, this section does not apply to transportation projects for which federal aid
funds are available.
F. Preference to businesses with drug -free workplace programs (F.S.
287.087)
Whenever two or more s ones W ns� , _ �° that are equal with respect to price,
quality, and service are received by the County for the procurement of commodities or
contractual services, a rgj � hip � x , or ° y received from a business that certifies that
it has implemented a drug -free workplace program shall be given preference in the award
process.
CHAPTER 7 - EXCLUSIONS
A. Sole Source
Purchase of commodities and services from a single source may be exempted from
formal competition under the following conditions:
1. All Sole Source purchases are subject to approval by either the BOCC,
County Administrator or Purchasing Director in accordance with
purchasing level authority. The Purchasing Office , %n must in all
cases evaluate the request for such commodity, service or source. The
Purchasing Director shall be authorized, after initial sole source
certification, to make additional purchases from a sole source vendor for
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not more than one year or until such time as contrary evidence is presented
regarding sole source eligibility, whichever period is less.
2. There must be a documented determination from the Requesting
Department or person that there is no other source readily available prior
to the initiation of the sole source procurement.
a. The Requesting Department shall document the search conducted
to ascertain that there is no other source available. The search
shall include phone calls, e- mails, and letters to procurement
offices or the Requesting Department's counterpart in other Florida
counties as well as to entities listed in the County's vendor list and
the phonebooks for Monroe County and Miami -Dade County in
business classifications which might reasonably be expected to
provide the goods or services desired. The documentation shall
include a log of phone calls made and the emails and letters sent
with a compilation of results from all phone calls, responding
letters and other correspondence.
b. Where the procurement itself, due to the nature of the goods or
services (i.e. in order to obtain conformity to existing contracted
goods or services, in order to avoid the loss of warranty coverage,
proprietary licensing, equipment capability, etc.), dictates sole
source acquisition, the Requesting Department shall provide
written justification as to the sole source nature of the
procurement.
C. Upon approval from the BOCC, County Administrator, or
Purchasing Director that the proposed provider is a sole source
provider, the Requesting Department may proceed with the
procurement process.
B. Emergency Purchases
The term "emergency" is as defined in Section 2- 347(k)(1) of the Monroe County Code.
Purchase of commodities and services in the event of a public emergency may be obtained under
the following conditions:
1. The public emergency for the requirements will not permit a delay resulting from
competitive solicitation.
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2. With respect to an emergency as defined in Section 2- 347(k)(1)a. -c. of the
Monroe County Code:
a. Where the value of the goods or services to be purchased is less than
$50,000.00, emergency purchases may be approved up to the spending
levels outlined in Chapter 2 Section F, above without the need for
obtaining competitive price quotes.
b. Where the value of the goods or services to be purchased equals or
exceeds $50,000.00, the purchase may be approved by the Mayor, or if the
Mayor is not available then the Mayor Pro Tem, or if the Mayor and the
Mayor Pro Tem are not available then County Commissioners in order of
priority based on longest consecutive tenure on the Board of County
Commission, but the purchase must be ratified after- the -fact by the Board
of County Commissioners at the next practicable meeting of the BOCC.
3. With respect to an emergency as defined in Section 2- 347(k)(1)d. of the Monroe
County Code, the purchase may be approved up to the spending levels outlined in
Chapter 2 of this Manual, including the requirement to obtain competitive price
quotes, where necessary.
4. Where the purchase of goods or services requires a contract, the contract must be
ratified after -the -fact by the Board of County Commissioners at the next
practicable meeting of the BOCC.
5. Authorization During Normal Business Hours. In the case of emergencies that
require the immediate purchase of goods, equipment, or services, the County
Administrator, Purchasing Director, Department Director Mead, or his a properly
authorized designee shall be empowered to secure such goods or services
without competitive selection. In this event, all measures reasonably possible
under the circumstances shall be taken to assure the maximum cost benefit to the
County of the goods or services procured.
6. Authorization Outside of Normal Business Hours. A department or division
head Director , during non - business hours, is authorized to make purchases
without competitive solicitation, when an emergency arises.
7. Documentation and Approval. Documentation for emergency purchases pertaining
to the above shall be submitted to the Purchasing Office with a detailed
explanation, and support material attached, if applicable, within ten (10)
workdays after the event occurred. Emergency purchases below the competitive
solicitation thresholds shall be approved by the County Administrator after -the-
fact. All emergency purchases equal to or exceeding $50,000.00 must be
approved by the BOCC after - the -fact.
8. All emergency purchases are subject to approval by either the BOCC, County
Administrator or Director of Purchasing at the authorized level of authority. Any
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waiver of competition in a specific instance shall not serve to waive competition
of future purchases of a similar or exact nature.
Emergency purchases are to be used only when unforeseen circumstances occur. Poor planning
does not constitute an emergency.
C. State Contracts or GSA Contracts
Purchases equal to $50,000 or more from vendors holding current "State" and Government
Services Administration herein after ( "GSA ") contracts are exempted from the competitive
bidding process. However, before any purchase is made through an existing contract, the
Requesting Department must first contact other South Florida vendors in order to determine if
the goods or services sought are available at a lower price than the price(s) of the existing
contract. If the goods or services are available from another vendor at a pr c lower than the
price of the existing contract, then the contract for the goods or services must be awarded to that
vendor. The purchase of the goods or services sought may be made through the existing contract
if none of the other vendors contacted by the Requesting Department offered the goods or
services at a price lower than the price of the existing contract. The Purchasing Directo Manager-
will review and verify the Requesting Department's information or documentation.
E. Piggybacking
The County has the option to "piggyback" on another governmental entity's or not for profit
association's competitively awarded bid to take advantage of the pricing received:
1. The Requesting Department in conjunction with the Purchasing Section
must first verify specifications and award information and receive
permission from both the entity and the vendor to piggyback.
2 Piggyback purchases equal to $50,000 or more are not subject to the
competitive solicitation process. However, before any purchase is made
through an existing contract, the Requesting Department must first contact
other South Florida vendors in order to determine if the goods or services
sought are available at a lower price than the price(s) of the existing
contract. If the goods or services are available from another vendor at a
lower than the price of the existing contract, then the contract for the
goods or services must be awarded to that vendor. The purchase of the
goods or services sought may be made through the existing contract if
none of the other vendors contacted by the Requesting Department offered
the goods or services at a price lower than the price of the existing
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contract. The Purchasing Qjrector Manager will review and verify the
Requesting Department's information or documentation.
3. Conversely, Monroe County will allow other governmental entities to
piggyback on Monroe County's quotes when requested.
4. Please note the term "piggyback" only applies when the items(s) or
services(s) being purchased are exactly the same as the original award.
5. The following is intended as an exception to paragraph (E)2., above. In the
case of the purchase of vehicles and tires by piggybacking on the bid
program organized by the Florida Sheriff's Association or any other not-
for- profit corporation that has issued a request for competitive solicitation
in order to assemble bids or proposals for the purchase of goods through
public procurement process that meets the essential requirements of
Section 287.057, F.S., an item will be eligible for purchase only if the
Requesting Department can demonstrate that: (a) the specifications and
price for the base vehicle being purchased, without options, match exactly
with the base vehicle shown in the operative bid award issued by the
Florida Sheriff's Association; (b) the specifications and price for the
options being purchased as an add -on to the basic vehicle match exactly
with one or more of the options available for that basic vehicle as shown
on the operative bid award issued by the Florida Sheriffs Association;
(c) the vehicle is being purchased from a dealer approved in the bid award;
and (d) in all other respects, the purchase conforms with the procedure laid
out in the bid award.
CHAPTER 8 - BLANKET PURCHASE ORDERS
A Blanket Purchase Order (BPO) is a simplified method of filling anticipated repetitive
requirements for supplies or services with qualified vendors during a specified period (not to
exceed 12 months or one (1) fiscal year whichever is less). BPOs are designed to reduce
administrative costs in accomplishing purchases (up to $50,000) by eliminating the need of
issuing individual written purchase orders.
1. BPOs are issued when there are repetitive needs for specific items or
services and when the exact quantities and delivery requirements are not
known in advance and may vary. A purchase requisition containing (1)
description of the required items or services, (2) specified period, and (3)
estimated quantities for the specified period, is required to get a pre -priced
BPO. BPOs cannot be issued without a maximum dollar amount. A BPO
shall be authorized in writing by the Division or Department Director or
their designee.
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CHAPTER 9 - MINORITY BUSINESS ENTERPRISE (MBE), SMALL BUSINESS &
DISADVANTAGED BUSINESSES
On all contracts or contract modifications of over $500,000 ($1,000,000 for construction) and
that have subcontracting possibilities, and for all federally funded contracts, the Purchasing
Director and /or the Division/Department having project management /oversight responsibilities,
should submit an acceptable subcontracting plan. Under such a plan, maximum practicable
opportunities must be afforded to small and small minority firms. This plan must include:
Separate percentage goals for using small business concerns and small
disadvantaged business concerns.
2. Name of an individual employed who will administer the firm's
subcontracting program.
3. Description of efforts to be made to insure that such firms have an
equitable opportunity to compete for subcontracts.
4. Assurance that the clause at FAR 52.219 -8 will be included in all
subcontracts that offer subcontract opportunities (as applicable).
5. Assurance that federally funded contracts comply with the provisions
contained therein.
6. Assurance to cooperate on surveys for compliance.
CHAPTER 10 - PURCHASE OF INSURANCE
Any purchase of insurance by the Monroe County BOCC shall be treated as the purchase of a
commodity and regulated the same.
All policies for insurance coverage shall have an initial term and shall thereafter be renewable
yearly for up to three (3) additional years with BOCC review.
CHAPTER 11 -RECYCLED CONTENT PRODUCTS
The County shall on a continuing basis encourage the use of products and materials with
recycled content. Preference shall be given to the procurement of recycled content products and
materials when it can be determined that such purchases are cost effective, meet specifications
required and are in the best interest of Monroe County.
For the purposes of this section "recycled content" means materials that have been used, recycled
and are contained in the products or materials to be procured as "post" recycled. To the extent
feasible each department shall keep a compilation of the number and amount of recycled product
or materials it purchases each fiscal year.
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CHAPTER 12 - SURPLUS ITEMS
The objective of this policy is to ensure that all County assets are properly tracked and disposed
of in compliance with Florida statutes.
The following rules apply to all departments and divisions in possession of fixed assets
belonging to Monroe County. The rules also apply to constitutional officers, contracting parties,
and third party entities in possession of fixed assets belonging to Monroe County. (Each such
department, division, or office shall be known as a "using agency ".)
Contracting parties in possession of tangible non - consumable property owned by Monroe
County which is no longer used or which has become obsolete, worn out or which the parties
believe should be scrapped shall submit reports identifying such property to the division or
department responsible for their contract, which in turn shall forward the reports to the Clerk of
the Court, Property Clerk.
1. Each using agency shall assign a person who will be primarily
responsible for maintaining the fixed assets of the Department, Office, or
Division ( "Property Custodian ").
2. Classification of Surplus Property:
a) Property may be designated as surplus by the using agency for
any of the following reasons:
(1) It becomes inoperable and cannot be repaired;
(2) It is more economical to replace the asset than to repair
it;
(3) Property become obsolete;
(4) The department or division or office no longer has need of
the item; or
(5) It is scheduled for replacement as a matter of policy.
b) All property that is declared surplus shall be designated into
one of four (4) categories:
(1) Vehicles;
(2) Property with a historical purchase value equal to or greater
than $1,000 (fixed asset, with property ID #);
(3) Property with a historical purchase value less than $1,000
(non -fixed asset, no property ID #);
(4) Computers, computer - related, and telecommunication
equipment.
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3. After the property has been placed into a specific category the
following procedures will be used for disposition:
(1) If the asset has a useful life, it will be offered to all other
County departments and divisions by use of County e -mail
for a period of 10 days, on a first come, first serve basis. A
Fixed Asset Transfer Form will be completed by the
receiving and transferring department, office or division
and submitted to the Property Clerk with a copy to Risk
Management.
(2) Property estimated to have a fair market value equal to or
greater than $5,000 shall be sold by goulp i v sci tl l
I loo : n to the highest responsible � z l° 4kkle =
after publication of notice of at least one week and not
more than two weeks in a newspaper of general circulation
within the county, and additional notice if in the opinion of
the using agency it will serve the best interests of the
county.
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Monroe County Purchasing Policy and Procedures
(b) CrtaC1 a rora re t
compt,fitiv solicitations for sale of Ins
Prop
R art > - — 1H V RLiLf — the - fully
executed on
Deletion
ter
&. Form or Monroe UL�L -- f2my
Related !"qy4) )��' t , In w eFntcar 1 - D,eletion _tReqyeA
L
Form by the Monroe Count
jer
gik,, the Clerk County dministf4er- of his
designee will place an the item on the agenda to
obtain -fef4 C"C "-ate feeeives the approval of
the BOGG to seek .... c�cMgftfive soli6tations for the
sale of the su LL', iterms listed Oil thefujI3LM=jp)yq�I
AIM
)n tLy ntc
c -A? zta,.-st For"?
and/or UIV_, tq Monroe
Related
Fot.'M? s.
(c �dt a
_ Coordination (if Camno, itive
Solicitation for Sale of Sur lus Proppx - be
deleted from Monroe County Prod p rty
ventor Foflo. Dg C - )f
as the
kge the official, inventory jecords_ for
BOCC/Motiroe Countv_ owned rp i t�y, the
Monroe
L(: LuUt 1 .. j!r(njgrty ln% Clerk initiates
and coordinates Lii�
_p0qWC 1�) -11 ,
t fi ve solicitati S
41-
for the sale of BOCC/Monroe Count
at intervals
prMg,Lly t —igDL
- L(,I -- be deleted frorn invent
thr0jLghoqt_jhL,y 15 ede( , oMcat roIjngtj Li&MjjLI
the RKqp!qy Custodians in each of the BC CC user
Ligg!'Ci BOCC Infonnation Technot
the
Countv Attom Office and the
ur
Pc hasi (L
--Eg offig.
Page 30
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Monroe County Purchasing Policy and Procedures
R_qp)rtqj. The Purchasing Director c°tor er places
the item(s) on 1. emand tar,
(3) All assets with a fair market value lower than $5,000 may
be sold at auction in accordance with the procedure set
forth above, or may be donated to another governmental
entity or not - for - profit organization. Assets with a fair
market value equal to or greater than $5,000 for which no
bid was received at public auction may also be donated to a
governmental entity or not - for - profit organization.
(4) Property deemed to have no further use to the county due to
obsolescence, inefficiency, or being uneconomical may be
donated to another governmental entity within the county
or a private not- for -profit organization within the county.
(5) Only assets estimated to have no value or which have been
advertised for bid and for which no bid was received, or for
which attempts to donate were unsuccessful, may be
destroyed. If an asset is destroyed, the surrendering using
agency is responsible for submitting a copy of the Asset
Destruction Certification to Finance with a copy to Risk
Management.
(6) All assets under a lease agreement will be disposed of in
accordance with the terms of the agreement.
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(7) If it is determined that the trade -in value is more beneficial
to the County, a vehicle or piece of equipment may be used
as a trade -in for the purchase of replacement equipment.
(8) If it is determined that it is useful and economical to retain
a portion, or a component, of the asset for future use, then
the portion or component can be retained and the balance of
the asset sold, donated, or destroyed. In such case the
portion retained and the portion sold, donated, or destroyed
shall be noted on appropriate forms.
4. Subject to the procedures noted above, responsibility for disposition
is as follows:
a) Fleet Management is responsible for the disposition of
vehicles.
b) Property Custodians are responsible for the disposition of fixed
assets of any value, other than vehicles, computers, computer -
related, and telecommunication equipment.
C) Technical Service is responsible for the disposition of computers,
computer - related, and telecommunication equipment.
5. Employees of Monroe County are expressly forbidden to bid on sales of
surplus Monroe County property. No employee's relative, as defined by
Florida Statute Section 112.312(21), shall be allowed to bid on surplus
property over which the employee had custody or authority to initiate or
authorize the decision to surplus.
F.S. 112.312(21):
"Relative," unless otherwise specified in this part, means an individual
who is related to a public officer or employee as father, mother, son,
daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband,
wife, father -in -law, mother -in -law, son -in -law, daughter -in -law, brother -
in -law, sister -in -law, stepfather, stepmother, stepson, stepdaughter,
stepbrother, stepsister, half brother, half sister, grandparent, great
grandparent, grandchild, great grandchild, step grandparent, step great
grandparent, step grandchild, step great grandchild, person who is engaged
to be married to the public officer or employee or who otherwise holds
himself or herself out as or is generally known as the person whom the
public officer or employee intends to marry or with whom the public
officer or employee intends to form a household, or any other natural
person having the same legal residence as the public officer or employee.
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[CHAPTER 13 RESERVED]
CHAPTER 14 PURCHASING CARDS (P-CARDS)
The Monroe County Purchasing Card Policy & Procedures establishes detailed procedures and
policies which control the use of Purchase Cards. The Purchasing Card Policy & Procedure is to
be followed and is attached hereto as Attachinctit C. There shall be absolutely no personal
purchases made with the County issued P-Card.
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ATTACHMENT A.
MEMORANDUM
To: Purchasing Department VIA:
County Attorney's Office (for prior legal review /approval)
From:
Date
Subject: Request for Competitive Solicitations
(Name as appears on the cover page of the Competitive Solicitation)
1. SOCC Approval Date: Date Received for Legal Review /Approval:
Legal Approval Date: Reviewing Attorney
Opening Date Assigned by Purchasing: Date assigned:
Date Notice Transmitted to Papers by Legal /Memo Returned to Department:
2. Require vendors submit 2 sicined originals and one copy of their bids (minimum required) or as
specified below.
3. Contact person /phone # for questions regarding specifications:
4. Advertising expenses are to be charged against account:
5. Notice to run 21 30 45 60 (circle one) or days prior to bid opening.
6. To add "supplemental suppliers" please provide company name and fax number
(attach list if more than one or more room needed).
7. In addition to the 3 local newspapers, please place notice in the following advertising
newspapers.
Must have Division Director approval for additional advertising
Division Director Date
Enclosures: One (1) copy of approved competitive solicitation and one (1) CD
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ATTACHMENT B.
(Sample Form)
NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS
NOTICE IS HEREBY GIVEN that on January 11, 2012 at 3:00 P.M. the Monroe
County Purchasing Office will receive and open sealed responses for the following:
HARBOR CHANNEL
1 PROJECT
DUCK KEY, MONROE ! 1' 1•
Requirements for submission and the selection criteria may be requested from DemandStar by
Onvia at www.demandstar.co OR rw.n onroecount vhid .co or call toll -free at 1 -800-
711 -1712. The Public Record is available at the Monroe County Purchasing Office located at
The Gato Building, 1100 Simonton Street, Room 2 -213, Key West, Florida. All Responses must
be sealed and must be submitted to the Monroe County Purchasing Office.
Publication dates
Reporter (Fr) 12/9/2011
Keynoter (Sa) 12/10/2011
Citizen (Fr) 12/9/2011
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ATTACHMENT C.
APPROVAL TO ISSUE ADDENDUM
All addenda to a request for sealed competitive solicitations must be available for viewing
on Demandstar no later than five (5) days prior to the advertised opening (not counting the
day of the opening) and/or in compliance with any other applicable requirements. Addenda
shall clearly point out any addition or change to the specifications.
It is the responsibility of the requesting Department and/or Division Director to
ensure that all addenda is reviewed and approved by legal prior to submission to
Purchasing.
All addenda must be accompanied by this Approval to Issue Addendum form which must
be executed by the reviewing County Attorney or Assistant County Attorney and the
requesting Department and /or Division Director (as applicable) or their designee PRIOR to
submission to Purchasing for approval and execution by the Purchasing Director or
designee. Addenda received by Purchasing without this form or without proper execution
will be returned to the requesting Department/Division Director.
County Attorney or Assistant County Attorney Date
Department Director (or designee) Date
Division Director (or designee) Date
Purchasing Director (designee) Date
FIRM
(Name as appears on the cover page of the Competitive Solicitation)
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MONROE COUNTY
&a 4 0 MI 112 : W Reis DI r
PURPOSE To establish those procedures under which departments will control the
use of Purchase Cards assigned to and utilized by Board of County Commissioners
(BOCC) employees for purchasing non - restricted commodities and services on behalf of
the BOCC. These procedures are intended to accomplish the following:
1. To ensure that the procurement with Purchasing Cards is accomplished win
accordance with the policy and procedure established within this and other
sections of this manual.
2. To enhance productivity, significantly reduce paperwork, improve controls, and
overall cost associated with purchases.
3. To ensure appropriate internal controls are established within each department
procuring with Purchasing Cards so that they are used only for authorized
purposes.
4. To have timely and meaningful management reports which detail and summarize
periodic activity.
5. To ensure that the BOCC bears no legal liability from inappropriate use of
Purchasing Cards.
6. To provide a convenient method for purchases, consolidate payments, improve
customer service, reduce transaction cost, streamline processes, and capture
spending information.
7. Ensure prompt payment to vendors.
8. Provide hard data on purchase activity with vendors in order to achieve savings
by negotiated discounts based upon the volume of business with the vendor.
9. Specific advantages within the Purchasing Card Program itself include the
various ways that limits and restrictions can be established that allow the
tailoring of individual cards to fit the needs of the user. This will extend
purchasing responsibility to more individuals than in the current purchasing
environment, while maintaining or even increasing accountability.
The success of the BOCC Purchasing Card Program relies on the cooperation and
professionalism of all personnel associated with this initiative. The most important
participant is the Cardholder. The individual user is the key element in making this
program successful.
Finally, it is intended that the procedures established herein are viewed as minimum
standards for each department, who may wish to establish additional controls beyond
those suggested by the procedures.
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SCOPE This procedure will be applicable to those departments who have selected
employees to use Purchasing Cards to purchase goods, services, travel and training, or
for specific expenditures incurred under conditions approved by these procedures, i.e.
emergencies. The decision of when a Purchasing card is issued, to whom, and the dollar
limitations will be as requested by the Department Director and approved by the Budget
& Finance Division Director and /or the Purchasing Card Program Administrator.
APPLICABILITY This procedure applies to all departments of the BOCC.
BACKGROUND A number of unique controls have been developed for this program
that do not exist in a traditional credit card environment. These controls ensure that each
card can be used only for specific purposes and within specific dollar limits.
In addition, certification of all purchases is required by each Cardholder, with
verification performed by their immediate supervisor before payment is made to the
vendor.
LIMITS AND RESTRICTIONS The following limits can be uniquely established:
1. Spending amount per day, billing cycle, and month. The Cardholder can only
incur transactions totaling a predetermined dollar amount within any defined
period.
2. Number of transactions per day, billing cycle and month. The Cardholder can
only incur a predetermined number of transactions within a predefined period.
3. Single Purchase Amount. A limited dollar amount for any single transaction.
Cardholders shall not split transactions to stay within their limits.
4. Merchant Category Codes (MCC). The MCC are assigned by VISA to a
merchant which identifies the primary type of goods or service they provide.
The MCC are designed to offer every combination possible and restrictions are
imposed at the point of sale if the blocked merchant requests authorization for
the transaction.
BENEFITS: There are many benefits to using the Purchasing Card including:
1. Board of County Commissioners Benefits
a. Simplifies the purchasing process for the large number of low dollar
purchases, freeing up time for large dollar purchases.
b. Significantly reduces the overall transaction processing cost per purchase.
C. Increased accountability.
d. Provides management information electronically which is currently
unavailable.
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2. Cardholder Benefits
a. Convenience of purchasing without an intensive Requisition/Purchase
Order processing system.
b. Expedites the delivery of goods or services to the job site.
C. Expands the list of merchants from whom purchases can be made.
3. Merchant Benefits
a. Expedites payment to the merchant within 48 hours
b. Expedites the delivery of goods or services to the job site.
C. Expands the list of merchants from whom purchases can be made.
TRAINING All Cardholders will complete training before they are issued a
Purchasing Card.
1. Participating in the Purchasing Card Program is a privilege being offered by the
BOCC. If the County Administrator through the Purchasing Card Program
Administrator and/or the Clerk of the Court becomes aware of any inappropriate
or late approval of transactions, Cardholder privileges may be cancelled.
2. It is expected that the Purchasing Card Procedures and training program will
assist you in making this program a success.
1. CARDHOLDER SPENDING LIMITS
1.1. The Delegation of Authority that has been provided to each Cardholder
will set the maximum dollar amount for each single transaction up to a
maximum amount of $999.99 at the Director Level for the small non-
stocked products and services or for travel and training. Each time a
Cardholder makes a purchase with his/her Purchasing Card, this limit will
be checked, and the authorization request will be declined should the
amount exceed the limitation.
1.2. Purchasing Cards issued to the Mayor and County Commissioners,
County Administrator, Deputy County Administrator, Division Directors,
Purchasing Card Program Administrator, Purchasing Agents /Buyers may
be authorized for a higher maximum amount per purchase.
1.3. Purchasing Card Program Administrator or Backup Purchasing Card
Administrator may establish different limits for each employee with the
recommendation of the employee's Division Director and approval by the
County Administrator or Deputy County Administrator.
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2. USE OF PURCHASING CARD
2.1. THE PURCHASING CARD IS TO BE USED FOR BOCC
PURCHASES ONLY. CASE ADVANCES THROUGH BANK
TELLERS OR AUTOMATED TELLER MACHINES ARE
PROHIBITED.
2.2. CARDHOLDER RESPONSIBILITY — The Purchasing Card that the
Cardholder receives has his/her name embossed on it and the card shall
not be lent to any other person.
2.2.1. Every Cardholder is responsible for the security of their
Purchasing Card. All precautions shall be used to maintain confidentiality
of the Cardholder's account number and expiration date of the
Purchasing Card.
2.3. CONDITIONS FOR USE — The total of a single purchase to be paid for
using the card may be comprised of multiple items but cannot exceed the
authorized single invoice limitation. Purchases will be denied if any
preset limits are exceeded. Payments for purchases are not to be split
in order to stay within the single purchase limit.
2.4. When using the Purchasing Card, Cardholders should:
2.4.1. Ensure that the goods or services to be purchased are allowable.
2.4.2. Determine if the intended purchase is within Cardholder's
Purchasing Card limits.
2.4.3. Advise the supplier /merchant that the purchase will be made
using the VISA Purchasing Card in advance.
2.4.4. Inform the merchant that the purchase is tax - exempt
2.4.5. If using the Purchasing Card for travel, membership dues,
conference, training or other transactions that require prior
approval, make sure all appropriate forms are completed and
approved prior to making the purchase.
2.5. When placing telephone or mail orders, Cardholders should notify the
merchant and request that a credit be processed for the amount of the tax
charged
2.5.1. If you place a telephone or mail order and sales tax was charged,
contact the merchant and request that a credit be processed for
the amount of the tax charged
2.5.2. Purchases made in Florida and for use in Florida are exempt
from Florida sales and use taxes. The BOCC tax exempt
identification number is printed on the Purchasing Card.
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2.5.2.1. As with all BCOC purchases, the Cardholder must be
diligent when dealing with the merchant regarding taxes.
2.5.3. Make sure the merchant understands that charges are not to be
billed until the item(s) are actually received by the Cardholder.
2.5.4. If an item(s) is not currently in stock, and is back ordered,
remind the merchant that the Purchasing Card cannot be billed
until the back ordered item(s) are actually received by the
Cardholder.
2.5.5. To ensure prompt delivery of items ordered by telephone or by
mail, provide the merchant with the appropriate delivery of
information — do not use Post Office Box or "Ship To" address.
Request that you name and "Ship To" address with room number
(where applicable) are clearly marked on the outside of the
package.
2.5.6. Instruct the merchant to send the sales receipt directly to the
Cardholder and not to send an invoice to the Clerk's Office,
since the merchant will be paid by the merchant's financial
institution
2.5.7. Tell the supplier /merchant that any shipping or delivery fees
must be included in the unit price — FOB: Destination. (A
delivery point in Monroe County.)
2.6. Returning Merchandise Purchased with the Card — Cardholder is
responsible for managing any returns /exchanges and ensuring that proper
credit is received for returned merchandise.
2.6.1. Contact the vendor and obtain instructions for return.
2.6.2. Review your next card statement to ensure that your account is
properly credited for the return.
2.6.3. A patter of returns and exchanges that indicate improper or
inaccurate initial product selection shall be reviewed and may
result in loss of privileges for the card holder.
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3. DOCUMENTATION, RECONCILIATION AND PAYMENT PROCEDURES
3.1. Documentation — Any time a purchase is made that will be paid using the
Purchasing Card, the Cardholder is to obtain a customer copy of the
charge slip, which will become the accounting document. Make sure all
carbons, if used, and any excess copies are destroyed.
3.2. Missing Documentation — Missing documentation may result in the
cancellation of the employee's purchasing card. NO exceptions will be
made. Cardholders must keep all receipts, boarding passes and any other
documentation such as packing slips registration, etc. as normally
required by the Clerk of the Court for payment.
3.3. Payment and Invoice Procedures — Purchases made by employees will be
paid by the Clerk's Office once the Cardholder's certification and the
approving official's verification has been completed and the account
number has been assigned for each transaction.
3.3.1. Receipts: The Purchasing Card receipt or vendor's sales receipt
for purchases must be supplied When purchases are conducted
by telephone, you must fill out the Telephone Order Forms and
request the vendor to forward the receipt to you. These receipts,
and any Telephone Order Forms, are to be stapled to the Daily
Purchase Card Purchase Report. Failure to keep adequate
receipts will lead to the loss of Purchasing Card privileges.
3.3.2. The Purchasing Card issuer, Bank of America, will provide one
copy of the billing statement to the Program Card Administrator
and one copy to the clerk's Office, at the end of the billing cycle.
The Cardholder may request a copy of the billing statement at
any time. This statement will have a listing of all items processed
with the billing cycle. In addition to the monthly billing
statement, the Purchase Card Administrator or designee will
periodically review the Cardholder's statement using Bank
of America's on -line services.
3.3.3. Immediately following a purchase, the Cardholder must submit
the charge slip to his/her department's director, via their
immediate supervisor. The charge slip must be stapled to a
completed daily Purchase Card Purchase Report. Non
compliance may mean denial of future use, or other disciplinary
action.
3.3.4. The department's director reviews the Daily Purchase Card
Purchase Report received from the Cardholder and where
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applicable, a "Statement of Dispute ", is attached. Once review is
completed, the department's director will forward to the
Purchasing Card Program Administrator within two (2) days
after receipt from Cardholder. The department's director will fax
all "Statement of Disputes" to Bank of America.
3.3.5. Travel: The Purchasing Card Issuer will issue the "Statement"
on a scheduled basis each month. It will be the responsibility
of the Cardholder to provide his/her designated representative
with the receipt for that month should travel or extended leave be
scheduled at the time the statement is due and he /she will not be
able to complete the statement. The designated representative
will complete and make a copy of the statement for the absent
employee, and shall forward the copy of the statement to the
Purchasing Card Administrator with the rest of the Cardholder's
statements. The original Cardholder statement will be
signed by the employee at the time he /she returns and
submitted.
3.3.6. The Purchasing Card Administrator will be responsible for
reviewing completed statements from all Cardholders, verifying
approval of purchases, resolving any questions on the purchases,
and signing the cover letter that accompanies the statements and
forwarding completed package with all attachments to the
Clerk's Office within three (3) working days after receipt from
the department directors. All statements should be furnished to
Clerk's Office at the same time. Should the Purchasing Card
Program Administrator not receipt all of the statements, it will be
his/her responsibility to contact the appropriate department
director and have the statements furnished at once. If, however,
one or more statements are for some reason not received, the
remaining statements shall not be held while that one or more are
pending.
3.3.6.1. All attachments to the Statement must be stapled to the
statement and be sent to the Clerk's Office not later than the
third working day after being received by the Card
Administrator.
3.3.7. If a Cardholder had no purchase activity on his/her credit card
for a particular billing cycle, no Statement will be generated for
the Cardholder (unless adjustments for previously billed
transactions are processed during that cycle).
4. TRANSACTION APPROVAL
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4.1. Approval of the transactions that a Cardholder had made using their
Purchasing Cards, will not be totally defined in this procedure.
Department Directors, because of his/her knowledge of the job
responsibilities of Cardholder, are required to look at each Cardholder's
purchases, and at the merchant who made the sale in order to determine if
these items were for Official Use and if they were items allowed to be
purchased in accordance with the instructions provided.
4.1.1. If for any reason the Department Director questions the
purchase(s), ti is his/her responsibility to resolve the issue with the
Cardholder. If they cannot be satisfied that the purchase was necessary
and for Official Use then the Cardholder must provide a Credit Voucher
proving item(s) had been returned for credit.
4.2. The County Administrator will be responsible for resolving abuses by
each Cardholder. Appropriate disciplinary action will be taken against
any Cardholder who misuses their privileges of up to and including
dismissal.
4.2.1. Should it be evident that an unauthorized purchase was
knowingly made, the County Administrator will determine what action
will be taken based on the facts presented by the Purchasing Card
Program Administrator.
5. DISPUTESIUNAUTHORIZED CHARGES
5.1. If a suspicious charge appears on a monthly statement, the Cardholder
should first attempt to verify the charge with records of purchase. If the
Cardholder does not agree with the charge posted on the statement, the
Cardholder must notify the bank in writing, using the "Cardholder
Dispute Form ". A copy of the "Cardholder Dispute Form" will be
forwarded with the statement through the end -of -month processing cycle
for the statement. The bank will research the disputed charge and make
the necessary adjustments.
5.2 Credit to Account — When the bank receives proper notification of a
disputed charge, the charge amount will be removed from the total owed
by BOCC and shown on the monthly statement (if the charge was
improper) or charged to the Cardholder's department (if research shows
the charge was valid).
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5.3. If items purchased with the Purchasing Card are found defective or the
repair or services faulty, the Cardholder has the responsibility to return
item(s) to the merchant for replacement or to receive a credit on the
purchase. (Returns that require shipping will be coordinated through the
Purchasing Department.) CASH REFUNDS WILL NOT BE
PERMITTED. If the merchant refuses to replace or correct the faulty
item, then the purchase of this item will be considered to be in DISPUTE.
5.4. A disputed item must be noted on the Cardholder's Statement. In
addition, a "Cardholder's Statement of Disputed Item" form must be
completed by the Cardholder with appropriate documentation attached, if
necessary. This form will be forwarded with the statement through the
end -of -month processing cycle for the statement.
5.5. Disputed items are items that the customer (County) does not believe
he /she has received the item purchased, or the item has a defect. The
dispute must be resolved between the merchant and the cardholder before
any payment can be made.
5.6. It is essential that the time frames and documentation requirements
established by the Purchasing Card Issuer be followed to protect the
Cardholder's rights in dispute. Dispute policies and procedures issued by
the Purchasing Card Issuer will be provided at the time Purchasing Cards
are issued to Cardholder.
5.7. Fraudulent or improper items may be covered by the Liability Waiver.
However, disputed items are not considered fraudulent.
6. REQUEST FOR INTIIAL. ADDITIONAL OR CHANGES TO
PURCHASING CARD
6.1. Requests for a new Cardholder or changes to a current Cardholder will be
done by submitting "Request for Purchasing Card" form. The Form will
be processed by the affected Department Director, who will forward the
request to the Purchasing Card Program Administrator.
6.2. All requests for Purchasing Cards must be approved by the Purchasing
Card Program Administrator and /or the Budget & Finance Division
Director.
6.3. The Purchasing Card Program Administrator's name must be provided to
Clerk's Accounts Payable /Receivable Division and kept current.
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6.4. When Purchasing Card Program Administrator receives the Purchasing
Card from the credit card issuer, they shall print on the back of the card
the following statement:
"SEE DRIVER'S LICENSE"
7. ANNUAL INVENTORY OF PURCHASING CARDS
On an annual basis, the Purchasing Card Program Administrator will provide a
list of Purchasing Cards issued to employees for each department. The
Purchasing Card Program Administrator will conduct a physical inventory of
Purchasing Cards and prepare a report on the results of the physical inventory.
8. LOST OR STOLEN PURCHASING CARDS
8.1. Should an employee lose or have their Purchasing Card stolen, it is the
responsibility of the Cardholder to immediately notify the credit card
issuer, their Department Director, the Purchasing Card Program
Administrator and the Clerk's Accounts Payable /Receivable Division of
the loss. The telephone number of the credit card issuer will be provided
when the Purchasing Card is issued to the Cardholder.
8.2. To report a lost/stolen card:
The Cardholder must call Bank of America, Customer Service, at 800-
538 -8788 immediately upon discovering that the card has been lost or
stolen. Help is available 24 hours a day. Also call the BOCC Purchasing
Card Administrator as early as possible on the first available business day
during normal business hours at (305) 292 -4470.
8.3. Failure to promptly notify the issuing bank of the theft, loss, or
misplacement of the Purchasing Card could make the BOCC and /or the
Cardholder responsible for any fraudulent use of the card and result in
loss of privileges and/or disciplinary action for the Cardholder.
9. EMPLOYEE TERMINATION/TRANSFER
9.1 A Cardholder who terminates their employment must relinquish their
Purchasing Card at the time of th separation from BOCC to their
Department Director who will forward the card to the Purchasing Card
Programs Administrator. The Purchasing Card Program Administrator
will notify the bank and the Cardholder's card will be immediately
deactivated. A Cardholder who fraudulently uses the Purchasing Card
after separation from BOCC will be subject to legal action.
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9.2. Transfer of an employee within their Department — If a Cardholder is
transferred with their department, it will be the responsibility of the
Department Director to determine if the Cardholder should retain his/her
current Purchasing Card. If it is determined that the Purchasing Card
should be kept by the Cardholder, the master file will be changed upon
notification to the Purchasing Card Program Administrator, using the
New Card/Change From, thereby eliminating the need for issuing a new
Purchase Card.
9.3. Transfer of an employee to another BOCC Department. If a Cardholder
is transferred to another BOCC department, it will be the responsibility of
the new Department Director to determine if the Cardholder should retain
his/her current Purchasing Card. If it is determined that the Purchasing
Card should be kept by the Cardholder, the master file will be changed
upon notification to the Purchasing Card Program Administrator, using
the New Card /Change Form, thereby eliminating the need for the issuing
of a new Purchasing Card.
10. AUDITS /REVIEWS
10.1. The Card Program Administrator may randomly review Card activity and
usage and receipt retention for compliance.
10.2. The Clerk's office may conduct random audits on card activity and usage
and receipt retention, reconciliations, compliance, etc.
11. FEEDBACK
Your feedback regarding this program is important. The Purchasing Card
Program Administrator needs to know if you have any issues and we welcome
suggestions for improvement.
12. ACCOUNTING /PURCHASING PROCEDURES AND ACCOUNTING /TRAVEL
AND TRAINING PROCEDURES
These procedures must be in compliance with Monroe County's Purchasing
Policy and Procedures and must be incorporated with the State of Florida
Purchasing Card Guidelines, where applicable.
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13. MERCHANT SIGN -UP
It is important to the success of the Purchasing Card Program that merchants
interested in doing business with the BOCC via the Purchasing Card receive
assistance in doing so. If merchants currently accept VISA credit cards, they are
already equipped to accept BOCC Purchasing Cards. A merchant who is not
currently accepting VISA credit cards should contact the Bank of America
merchant service provider, their own financial institution, or other merchant
service provider.
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QUICK REFERENCE
1. What is a Purchasing; Card
■ A credit card that is used as an alternative payment method for small
dollar and travel and training expenditures for non - stocked products and
services, for travel and training, or as otherwise approved for the
individual Cardholder.
2. What re the advantages of using the Purchasing Card
■ Improved user satisfaction due to prompt order confirmation and
accelerated product receipt.
■ Improved vendor relations by eliminating the potential for late payments;
the vendor is paid within 48 hours.
3. Who may have a Purchasing Card, and how do you obtain one
■ Any Commissioner and/or employee responsible for making purchases
that is recommended by their Department Director and is approved by
the Purchasing Card Program Administrator.
4. What is the responsibility of the Cardholder
■ Upon acceptance of the Purchasing Card, employee must sign a
"Cardholder Agreement ". Signing this agreement, acknowledges
employee receipt of the card and acceptance of responsibility for abiding
by the terms and conditions of the agreement.
■ Ensure that usage of the card conforms to procedures and that the card is
used only for official business purposes.
■ Cardholder will obtain and verify charge receipts after each purchase and
attach to the Daily Purchase Card Purchase Report.
■ Cardholder must obtain their Department Director's approval on the
Daily Purchase Card Purchase Report.
■ Initiate and handle disputed charges.
5. What is the Department Director's responsibility
■ Identify and recommend employees who should be issued a Purchasing
Card.
■ Identify and recommend limitations.
■ Ensure that the Purchasing Cards used in their department conform to
BOCC policy and program guidelines as well as the Purchasing manual.
■ Review and sign detailed Daily Purchase Card Purchase Report.
■ Forward Reports with receipts to the Purchasing Card Program
Administrator.
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6. What is the responsibility of the Purchasiniz Card Program Administrator?
■ Manage, authorize, terminate, and maintain a file of individuals
authorized to conduct Purchasing Card transactions.
■ Respond to questions concerning Purchase Card expenditures.
■ Periodically review Cardholder's activity using Bank of America's on-
line services.
7. How are purchases made?
■ Cardholder calls or visits vendor and places order.
■ Cardholder provides the vendor with the Purchasing Card number and
delivery instructions.
8. Does the Purchasing Card have a spending limit?
■ Individual transactions limited up to a pre - approved amount for small
non- stocked products and services, for travel and training, or as
otherwise approved by the Purchasing Card Program Administrator
under the direction of the Budget & Finance Division Director and the
County Administrator.
9. What happens if the statement is incorrect or an item needs to be returned?
■ Cardholder notifies credit card issuer if incorrect charge is identified on
the statement.
■ Cardholder works with the vendor to arrange for returns and credit.
■ Cardholder verifies that credit appears on next statement.
10. What types of purchases are allowable?
■ The Purchasing Card is to be used for purchases of small dollar
expenditures . These items can be purchased and picked up directly at
the vendor, or can be ordered by telephone or fax and delivered to the
Cardholder.
11. What purchases are disallowed?
■ The Purchasing Card cannot exceed limitations placed on the individual
card for non- stocked products and services, for travel and training or as
otherwise approved by the Purchasing Card Program Administrator.
■ Splitting of requirements — not allowed.
■ Entertainment
■ Meals — The County has an ordinance in effect with respect to meals,
please see 004 -2004. Restaurant commodity codes will be excluded and
meals are prohibited.
■ Personal use.
■ Cash advance.
■ Gasoline.
■ Vehicle Repairs (excluding Fleet Management).
■ Alcoholic beverages.
■ Tobacco products.
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Non -work or personal use items and services.
Services such as consultants or construction.
Telephone Credit Card.
12. It should be noted that the Purchasing Card will be used by designated personnel
to pay for issued Purchase Orders and other purchases not available to the
general users.
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