§ 2-195. Exemptions from competitive procurement.

(a)

The provisions of this section shall not limit the ability of the board to follow any competitive procurement procedures in the procurement of goods or services listed in any of the exemptions in this section, if desired and directed by the board or the county coordinator, or if otherwise allowed or required by law. In addition, contracts for procurement of any of the goods or services listed in the exemptions contained in subsections (b)(2) through (b)(18) below, the cost of which to the county is $20,000.00 or more, shall be subject to the approval of the board. The procurement of any goods or services listed as exemptions in this section must still comply with the requirements and other provisions of this article unrelated to competitive procurement procedures, including but not limited to the provisions of section 2-196(a) that such procurement be performed through the procurement department with the cooperation of the applicable county department.

(b)

Unless the procurement is to be funded or reimbursed using federal funds, or unless otherwise required by state or federal law, the competitive procurement procedures set forth in this article will not apply to procurement of any of the following:

(1)

Dues or memberships in trade or professional organizations; pharmaceutical products; perishable items such as fresh vegetables, fruit, fish, meat, eggs, and milk; fuel; petroleum products; medically related professional services; transport, funeral or burial/cremation related services for deceased persons; water, sewer, electrical, cable television, satellite television, or other utility services; internet service provider services; advertising services for ads or notices required by law or ordinance; payroll, personnel, full or part time; any fees and costs, tuition, meals, rooms, or registration for job-related seminars or training for county officers, officials, volunteers, or employees; subscriptions for periodicals; books (maps, pamphlets and similar material); promotional materials; books, periodicals or other published materials not available by competitive pricing; copyrighted materials; patented materials; and computer software or computer software systems, including but not limited to licensing, maintenance or training for such software or systems.

(2)

Contracts between the board and nonprofit organizations, other governments, or other public entities.

(3)

Appraisals for real or personal property; abstracts of titles or title reports for real property; title insurance for real property; real estate brokering; or real property.

(4)

Works of art for public display; artistic services; or performances, shows, exhibits, cultural events or special events.

(5)

Employment agreements.

(6)

Supplies, materials, or services procured under an open purchase order, or annual or other time contract awarded by the board.

(7)

Goods or services pursuant to procurement agreements or contracts entered into with vendors and the State of Florida, federal GSA (or its equivalent), Florida Sheriffs Association, or other similar governmental purchasing agency.

(8)

Goods or services as part of the process of apprehending persons suspected of violating the law.

(9)

Services of attorneys or other legally related services, including but not limited to expert witnesses, court reporters, paralegals, or other professional services related to litigation or to a program, project, or policy in support of legal services acquired for such litigation, program, project or policy.

(10)

Banking or financial services, or credit card or purchasing card providers.

(11)

Non-audit accounting services.

(12)

Services of the county medical director.

(13)

Appraisers and expert witnesses for condemnation matters, and similar services.

(14)

Sponsorships.

(15)

Used vehicles or equipment, or of state or federal surplus vehicles or equipment.

(16)

Parts, repairs, upgrades, modifications, or maintenance services for vehicles, computer systems or components, or other equipment, from the original manufacturer, seller, or an original manufacturer-authorized facility.

(17)

Any goods or services when the board waives adherence to the requirements of this article or takes other appropriate action by majority vote; provided that the exemption of such procurement from this article, or such procurement itself shall not be otherwise prohibited by law. In addition, any such waiver shall be made only in response to the presentation of unique, exceptional, or extraordinary circumstances for the procurement of the applicable goods or services.

(Ord. No. 2018-005 , § 2, 10-2-2018)