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Item C10' CM ounty of onroe BOARD OF COUNTY COMMISSIONERS Mayor Heather Carruthers, District 3 Mayor Pro Tem George Neugent, District 2 TheFloridaKeys Danny L. Kolhage, District 1 David Rice, District 4 Sylvia J. Murphy, District 5 County Commission Meeting September 21, 2016 Agenda Item Number: C.10 Agenda Item Summary #2013 BULK ITEM: DEPARTMENT: Yes Fire TIME APPROXIMATE:STAFF CONTACT: James Callahan (305) 289-6088 N/A AGENDA ITEM WORDING: Approval to waive BOCC policy with respect to surplus property as stated in Chapter 12 of the Purchasing Policy (attached), and follow Florida State Statute 274.06 (attached) which allows for the disposal of property estimated under $5,000 in value by the governmental unit in the most cost-efficient and cost-effective means, and authorization for MCFR to dispose of five (5) obsolete, inoperable and fully depreciated fire vehicles (4 tanker-pumpers and 1 pumper) to transfer title to the 5 vehicles to the company that towed and has been storing the vehicles in return for a waiver of the towing and storage charges. ITEM BACKGROUND: MCFR has five (5) tanker/pumpers; three (3) of the vehicles are 35 years old; two (2) are 26 years old. The vehicles engines, drive trains, and fire pumps are all inoperable and cannot be moved. The items have been fully depreciated and have no value according to the or advertise the items for bid; the County has had no success in disposing of the obsolete vehicles. The vehicles were stored at Jack London Fire Training Academy on Crawl Key awaiting disposal. Prior to the construction starting on the new training academy, MCFR was asked to move the pieces of apparatus off County property. In July 2015, MCFR had the tanker/pumpers towed to a vendor who had the facilities to store the pieces of apparatus: County Purchasing Policy would only allow these items to be sold at auction or donated to another governmental entity or a not-for-profit organization. However, F.S. 274.06 is slightly broader, and allows the BOCC to dispose of items valued at less than $5,000.00 in the most cost-efficient and cost-effective means as determined by the government unit. agreed to accept the vehicles for whatever scrap value they have, and will waive the towing and storage charges in return for title to the vehicles. The transfer of titles of these vehicles to the towing company in return for the waiver of storage and towing fees by the towing company constitutes the most cost-efficient and cost-effective means of disposing of the vehicles; no potential storage fees nor towing fees would be incurred by the County. PREVIOUS RELEVANT BOCC ACTION: On June 11, 2014, the BOCC gave approval to the to dispose of the five (5) vehicles via disposal or to advertise them for bid. As of that vehicles to have no value. 4EGOIX4K ' CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Waive BOCC policy and follow the state statute. DOCUMENTATION: Florida State Statute 274.06 Clerk of Court - Item L5 - Approved 6.11.14 FINAL REVISED PURCHASING POLICY app by BOCC 9 16 15 FINANCIAL IMPACT: Effective Date: 9/21/16 Expiration Date: N/A Total Dollar Value of Contract: N/A Total Cost to County: N/A Current Year Portion: N/A Budgeted: N/A Source of Funds: N/A CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: If yes, amount: N/A Grant: County Match : Insurance Required: Additional Details: N/A REVIEWED BY: Cynthia Hall Completed 08/25/2016 5:02 PM Gary Boswell Completed 08/26/2016 11:21 AM James Callahan Completed 08/26/2016 11:47 AM Budget and Finance Completed 08/30/2016 12:44 PM Maria Slavik Completed 08/30/2016 1:34 PM Kathy Peters Completed 08/30/2016 2:33 PM Board of County Commissioners Pending 09/21/2016 9:00 AM 4EGOIX4K Chapter 274 Section 06 -2011 Florida Statutes -The Florida SenatePage 1of 1 The Florida Senate 'E 2011 Florida Statutes Title XVIIIChapter 274SECTION 06 PUBLIC LANDS AND PROPERTYTANGIBLE PERSONAL PROPERTY Alternative procedure. OWNED BY LOCAL GOVERNMENTS Entire Chapter 274.06Alternative procedure.ȯ rests of the county or district, a ȱȂȱ¢ȱȱȱsolete or the continued use of which is uneconomical or inefficient, or which serves no useful function, which property is not otherwise lawfully disposed of, may be disposed of for value to any person, or may be disposed of for value without bids to the state, to any governmental unit, or to any political subdivision as defined in s. 1.01, or if the property is without commercial value it may be donated, destroyed, or abandoned. The determination of property to be disposed of by a governmental unit pursuant to this section instead of pursuant to other provisions of law shall be at the election of such governmental unit in the reasonable exercise of its discretion. Property, the value of which the governmental unit estimates to be under $5,000, may be disposed of in unit estimates to be under $5,000, may be disposed of in its discretion. Property, the value of which the governmental the most efficient and costeffective means as determined by the governmental unit. Any sale of property the value of the most efficient and costeffective means as determined by the government al unit. Any sale of property the value of which the governmental unit estimates to be $5,000 or more shall be sold only to the highest responsible bidder, or by public auction, after publication of notice not less than 1 week nor more than 2 weeks prior to sale in a newspaper having a general circulation in the county or district in which is located the official office of the governmental unit, and in additional newspapers if in the judgment of the governmental unit the best interests of the county or district will better be served by the additional notices; provided that nothing herein contained shall be construed to require the sheriff of a county to advertise the sale of miscellaneous contraband of an estimated value of less than $5,000. History.ȯǯȱŜǰȱǯȱśş163; s. 22, ch. 94226; s. 7, ch. 96209. Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2000- 2016 State of Florida. 4EGOIX4K https://www.flsenate.gov/Laws/Statutes/2011/274.0823201 6//6 'F 4EGOIX4K 'F 4EGOIX4K 'F 4EGOIX4K 'F 4EGOIX4K 'F 4EGOIX4K 'F 4EGOIX4K 'F 4EGOIX4K 'G Monroe County Purchasing Policy (As Revised 9/16/2015) Table of Contents 170 Page of 4EGOIX4K 'G C.CPI Computation........................................................................................................................................21 D.Exceptions....................................................................................................................................................22 E.Preference to Florida businesses (FS 287.084)..........................................................................................22 F.Preference to businesses with drug-free workplace programs (F.S. 287.087)…………………………23 ',%48)6)<'097-327 A.Sole Source...................................................................................................................................................23 B.Emergency Purchases……………………..….……………………………………………………………24 C.State Contracts, GSA Contracts or SNAPS..............................................................................................25 D.Previously Approved Projects....................................................................................................................25 E.Piggybacking................................................................................................................................................26 ',%48)6&0%2/)8496',%7)36()67 ',%48)61-236-8=&97-2)77)28)646-7) 1&) 71%00&97-2)77 (-7%(:%28%+)(&97-2)77)7 ',%48)6496',%7)3*-2796%2') ',%48)66)'='0)('328)28463(9'87 ',%48)67964097-8)17 ',%48)67964097-8)17 ',%48)6496',%7-2+'%6(430-'=iiiiiiiiiiiii %88%',1)287 %XXEGLQIRX%1IQSVERHYQSJ6IUYIWXJSV'SQTIXMXMZI7SPMGMXEXMSRiiiii %XXEGLQIRX&2SXMGISJ6IUYIWXJSV'SQTIXMXMZI7SPMGMXEXMSRWiiiiiiii %XXEGLQIRX&%TTVSZEPXS-WWYI%HHIRHYQiiiiiiiiiiiiiii %XXEGLQIRX&-RZIRXSV](IPIXMSR6IUYIWXiiiiiiiiiiiiiiii %XXEGLQIRX&'SQTYXIV6IPEXIH)UYMTQIRX-RZIRXSV](IPIXMSR6IUYIWXii %XXEGLQIRX&*M\IH%WWIX8VERWJIV*SVQiiiiiiiiiiiiiiii %XXEGLQIRX'4YVGLEWMRK'EVH4SPMG] iiiiiiiiii %XXEGLQIRX(*SVQWiiiiiiiiiiiiiiiiiiiiiiiii %XXEGLQIRX(1SRVSI'SYRX]4YVGLEWMRK%YXLSVM^EXMSR*SVQiiiiiii %XXEGLQIRX(1SRVSI'SYRX]6IUYIWXXS4YVGLEWI*SVQiiiiiiiii %XXEGLQIRX(1SRVSI'SYRX]&3''%YHMX7PMTiiiiiiiiiiiii %XXEGLQIRX(&YWMRIWW'EVH3VHIV*SVQiiiiiiiiiiiiiiii %XXEGLQIRX(:IRHSV*MPI6IUYIWX*SVQiiiiiiiiiiiiiiiii %XXEGLQIRX('SRXVEGX7YQQEV]*SVQJSV'SRXVEGXW0IWW8LERi 370 Page of 4EGOIX4K 'G 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 Countyshall 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. CHAPTER 12.SURPLUS ITEMS CHAPTER 12SURPLUS ITEMS . The objective of this policy is to ensure that all County assets are properly tracked and disposed The objective of this policy is to ensure that all County assets are properly tracked and disposed of in compliance with Florida Statutes. of in compliance with Florida S tatutes. The following rules apply to all departments 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, 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 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 DepartmentorOffice(“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; (1)It becomes inoperable and cannot be repaired; (2)It is more economical to replace the asset than to repair it; (3)Property becomesobsolete; (4)The department or office no longer has need of the item; or (5)It is scheduled for replacement as a matter of policy. 2870 Page of 4EGOIX4K 'G b)All property that is declared surplus shall be designated into one of four (4) categories: (1)Vehicles; (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. 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 by use of County e-mail for a period of 10 days, on a first come, first serve basis. A Fixed Asset Transfer Form(See Attachment B.4)will be completed by the receiving and transferring department or office and submitted to the Property Inventory Clerkwith 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 competitive solicitation/public auction to the highest responsible responderafter 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. Requiredformstoinitiatethe competitive solicitation/public (a) auction of surplus property: The Property Custodian within the using agencyis responsible for preparing and submitting an Inventory Deletion Request Form (See AttachmentB.2.), executed by the Property Custodian and the DepartmentDirector of the using For computer related agency,to the Property Inventory Clerk. equipmentvalued over $1,000, the Property Custodian in the usingagency is responsible for preparing andsubmitting the Computer Related Equipment required Inventory Deletion Request Form(See Attachment B.3). The Information Technology Department willsend the completed form to the Property Inventory Clerk and coordinate directly with the Property Inventory Clerk and the using agency for the competitive solicitation/public auction and/or transfer, donation or disposal of the surplus computer equipment. (See Administrative Instruction 4725. Effective June 18, 2012). 2970 Page of 4EGOIX4K 'G BOCC must approve the request to advertise for competitive (b) solicitation/public auction for the sale of surplus property. Upon receipt of the fully executed Inventory Deletion Request Formor Computer Related Equipment Inventory Deletion Request Form, the Property Inventory Clerk or using agency, will place an item on the BOCC agenda for approval of competitive solicitation/public auction for the sale of the surplus items. Scheduling and Coordination of Competitive Solicitation/Public (c) Auction :Following BOCC approval, the Property Inventory Clerk initiates and coordinates the competitive solicitation process for the saleof surplus property at intervals throughout the year as needed, coordinating with the Property Custodians in each using agency, the County Attorney’s Office and the BOCC Purchasing Office. In addition to the Property Inventory Clerk’s sale of surplus property, the using agency may schedule and coordinate a competitive solicitation/public auction for the sale of specific surplus property when it is necessary or beneficial for the County. Notice (d):Atthe request of the Property Inventory Clerkor using agency,the County Attorney’s OfficepreparesaNotice of Request for Competitive Solicitation(see Attachment B,.using the surplus property inventory data provided by the Property Inventory Clerk or using agency.The County Attorney’s Office transmits the notice requesting publication one time in the Key West Citizen (as the local newspaper qualifying under Florida Statutes Chapter 50.031) and, per BOCC direction, one time in the Middle and Upper Keys area newspapers (Keynoter and Reporter).The Notice shall also be posted to the County’s website. The Purchasing Director places the item(s)on DemandStar. (e)Once the opening is held and the responses are reviewed, the Property Custodian within the using agency places anitem on the BOCCagenda,requesting approval to award/sell specific item(s)to the highest responsibleresponder. (f)After paymentis received,the Property Inventory Clerkis responsible for preparing and transmitting aBill of Sale,Absoluteto the County Attorney’s Office for each individual surplus itembeing sold. The County Attorney’s Officetransmitsthe Bill of Sale, Absoluteto the Clerk for execution by the Mayorand recording of the document in BOCC records.The Clerk then transmits the fully executed original Bill of Sale, Absolute (s)to the Property Inventory Clerk to transfer title and possessionof the item(s)to the successful bidder, coordinatingwith the usingagency as needed. 3070 Page of 4EGOIX4K 'G (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 which value is estimated by the BOCC to be under $5,000.00 deemedto have no further use to the County due to obsolescence, inefficiency, or being uneconomical may be donated to another governmental entity within the County, may be donated toa private not- for-profit organization within the Countyor may be disposed of for value in compliance with 274.06, Florida Statutes and as amended. The determination of property to be disposed of by the BOCC shall be at the election of the BOCC in the reasonable exercise of its discretion pursuant election of the BOCC in the reasonable exercise of its discretion pursuant 274.06, Florida Statutes. Property, the value of which the BOCC estimates 274.06, Florida Statutes. Property, the value of which the BOCC estimates 274.06, Florida Statutes. Property, the value of which the BOCC estimates to be under $5,000.00, may be disposed of in the most efficient and cost- to be under $5,000.00, may be disposed of in the most efficient and cost - to be under $5,000.00, may be disposed of in the effective means as determined by the BOCC pursuant to F.S. 274.06. effective means as determined by the BOCC pursuant to F.S. 274.06. (5)Only assets estimated to have no value or which havebeen advertisedfor 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. (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, excluding Fire Rescue vehicles. b)Property Custodians are responsible for the disposition of fixed assets of any value, other than vehicles, computers, computer-related, and telecommunication equipment. 3170 Page of 4EGOIX4K 'G c)Information Technology isresponsible 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 theemployee 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. CHAPTER 13. 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 Attachment C be followed and is attached hereto as . There shall be absolutely no personal purchases made with the County issued P-Card. 3270 Page of 4EGOIX4K