§ 2-51. General provisions  


Latest version.
  • (a) Authority. The provisions of sections 2-51 through 2-58 are based upon the authority granted to the Board of County Commissioners and the County Administrator, in Article VIII, Section 1, of the Florida Constitution; F.S. Ch. 125, Pt. IV; and the Palm Beach County Charter.

    (b) Short title. The provisions of sections 2-51 through 2-58 shall be known and cited as the "Palm Beach County Purchasing Code."

    (c) General purpose. The purpose of the purchasing code is to place the county's purchasing function under a centralized system which will enable the county and the county's Purchasing Department to:

    (1) Establish policies and procedures governing the purchase of goods and services, including those goods and services that are revenue generating;

    (2) Provide, encourage, and promote fair and equitable treatment for all persons desiring to do business and who currently do business with the county; and

    (3) Obtain goods and services of satisfactory quality and quantity at a reasonable cost.

    (d) Policy decision. The authority granted hereunder shall not include fundamental policy decisions regarding the county's purchasing functions and procedures. These powers, including the determination of the total funds to be spent pursuant to the purchasing code by user county departments and the setting aside of those funds, shall remain solely with the Board of County Commissioners and are not and shall not be delegated. User county departments may not request procurements that are not budgeted or that are beyond the limitations imposed in the county's budgetary process, and shall make annual accountings to the Board of County Commissioners of their expenditure of these funds.

    (e) Requirements of good faith. The purchasing code requires all parties involved in procuring goods or services, or in administering the contracts for procured goods or services to act in good faith.

    (f) Application/exemptions. Except as otherwise specified herein or by law, the purchasing code shall apply to every purchase by the Board of County Commissioners to be paid from county funds, including those purchases made by the county with state and federal assistance moneys.

    (1) The purchasing code shall not apply to:

    a. Agreements between the Board of County Commissioners and nonprofit organizations or other governments that provide for the transfer, sale or exchange of goods or services.

    b. Procurement of dues and memberships in trade or professional organizations; subscriptions to periodicals; advertisements; postage; utility services; copyrighted materials; professional medical services; authorized hospitality expenses; fees and costs of job-related seminars and training, including materials provided with, or as an integral part of, that training; and, admission fees for amusement parks and entertainment activities included in county recreational programs for youth, teens, adults, seniors, and persons with disabilities.

    c. Presenters and lecturers for county library programs.

    d. Recreational instructors and sports officials.

    e. Procurements for constitutional officers, specifically the clerk and comptroller, sheriff, supervisor of elections, property appraiser, state attorney, public defender, and tax collector.

    f. Selection of professional services that are governed by the provisions of the "Consultants Competitive Negotiations Act" ("CCNA"), F.S. § 287.055, and by county policies and procedures. Selection of professional services that are exempt from the requirements of F.S. § 287.055 shall be made in accordance with the purchasing code.

    g. Real property interests.

    h. Food service and retail leases and concessions.

    i. Vending machines.

    j. Goods or services purchased with donations, gifts, or bequests containing restrictions that would interfere with or prevent the application of the requirements of the purchasing code.

    k. Goods purchased with petty cash in accordance with established County procedures.

    l. Any purchase of value less than one thousand dollars ($1,000.00); however, the total dollar amount of such purchases shall not be exempt from the county's small business enterprise ordinance or from resource manager approval. These goods or services are not exempt in and of themselves but for the dollar value being less than one thousand dollars ($1,000 00).

    m. Legal services, expert witnesses, court reporter services, and other expenses pertaining to claims or litigation.

    n. Insurance policies costing less than the mandatory bid or proposal amount.

    o. Artwork as defined by applicable policy and procedure.

    p. Full or part-time contractual employees of the board.

    q. Event specific stage production or programming including individuals or groups providing musical or theatrical performances or lectures.

    r. Solicitation of sponsorships.

    (2) Procurement of exempt purchases. Exempt purchases shall, where possible, be competitively procured by the user county department. The procurement of exempt purchases shall be made by written contract between the vendor and the board or authorized designee; by direct payment in accordance with applicable policy and procedure; or, by purchase order.

(Ord. 05-062, § 2, 12-20-05; Ord. No. 08-009, § 1, 4-15-09)