Clay County Utility Authority Resolution No. 2013/ PART RESOLUTION NOS. 94/ 95-6 AND 94/ 95-12; AMENDING AND RESTATING THE

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1 Clay County Utility Authority Resolution No. 2013/ A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE CLAY COUNTY UTILITY AUTHORITY SUPERSEDING IN PART RESOLUTION NOS. 94/ 95-6 AND 94/ 95-12; AMENDING AND RESTATING THE PURCHASING PROCEDURES FOR THE AUTHORITY PREVIOUSLY ADOPTED BY RESOLUTION NO. 94/ 95-26, AS AMENDED AND SUPERSEDED IN PART BY RESOLUTION NO. 2007/ , AND AS AMENDED AND SUPERSEDED IN PART BY RESOLUTION NO. 2012/ ; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Clay County Utility Authority ( the " Authority "), came into existence on October 1, 1994, and on that date undertook the ownership and operation of the water and sewer utility referenced in Section 27 of Chapter , Laws of Florida ( the " Act "), as well as of the Pier Station community water treatment and distribution system; and WHEREAS, on October 1, 1994, the Board of Supervisors ( the " Board") of the Authority did, in its Resolution No. 94/ 95-6, declare that all policies and procedures, including all those related to personnel and operations and the standard developer agreement, implemented by the Clay County Water and Sewer Authority, a dependent special district created and existing under Clay County Ordinance 93-7, as amended ( the " Water and Sewer Authority "), on an interim basis only as, the personnel and operations policies of the Authority, to extent consistent with the Act and general law; and WHEREAS, the said policies and procedures were so adopted by the Authority to remain in effect for a period not to exceed ninety ( 90) days from the effective date hereof, with the caveat that they could be modified or terminated in whole or in part prior thereto or could temporarily be extended by formal resolution of the Board; and WHEREAS, on December 20, 1994, the Board, in its Resolution No. 94/ 95-12, did extend the said policies and procedures for an indefinite time period, in order to permit Diversified Utility Services, Inc., with which the Authority had then contracted to provide to the Authority all services of the position of Executive Director of the Authority excluding those then being provided by the Clerk of the Circuit Court for Clay County, to develop permanent policies and procedures for the Authority; and WHEREAS, at all times during its existence the Authority has followed purchasing policies and procedures consistent with the Special Act and its previously adopted tentative policies; and

2 WHEREAS, by Board action by Resolution 94/ 95-26, and Resolution No. 2007/ , the Board of the Authority has previously adopted, confirmed, amended and restated the purchasing policy and procedures for the Authority, including the determination of sole source vendors and providers for the Authority; and WHEREAS, the Executive Director has developed the attached amended and restated written purchasing procedures in order to address the Authority' s Purchasing Policy for issuing minor change orders to construction contract; and WHEREAS, the Board informally approved revised, amended and restated policies and procedures at its regular scheduled meeting of May 7, 2013; and WHEREAS, by Board action by Resolution 2012/ , the Board of the Authority previously adopted, confirmed, amended and restated the purchasing policy and procedures for the Authority, including the determination of sole source vendors and providers for the Authority; and WHEREAS, the Board informally approved the procurement of supplies, services, goods, and products from time to time through the Cooperative Purchasing Program offered by the U.S. General Services Administration, at its regularly scheduled meeting of June 3, 2014; and WHEREAS, the Board desires to formally approve said purchasing policies and procedures as the official purchasing policies, procedures and guidelines of the Authority, inclusive of the more detailed, updated justification for sole source vendor and supplier determinations provided for therein. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE CLAY COUNTY UTILITY AUTHORITY, an independent special district created and existing under Chapter , Laws of Florida, as follows: Section 1. The Board does hereby formally adopt Schedule A hereto, titled " CLAY COUNTY UTILITY AUTHORITY: PURCHASING PROCEDURES ", which is hereby incorporated by reference in its entirety, as the Authority' s official written policies and procedures covering the purchasing of goods and services not requiring compliance with the formal bid process, as more fully set for therein. Section 2. This Resolution shall become effective immediately upon its adoption.

3 17th DULY ADOPTED, by the Board of Supervisors of the Clay County Utility Authority this day of June, CLAY COUNTY UTILITY AUTHORITY, BY ITS BOARD OF SUPERVISORS By: Dr. Al Rize Chairman ATTEST: Jame udermil ecretary k I

4 Schedule A CLAY COUNTY UTILITY AUTHORITY PURCHASING PROCEDURES Revised 2014) 1. PURCHASE REQUISITIONS Authorized employees have the authority to request purchase orders in the name of Clay County Utility Authority ( the " Authority "). The encumbered amount of each account is checked by the Controller at least once each month and is reported to the Board. Any budget account balances that do not appear to be adequate to cover anticipated expenditure are reviewed and the appropriate budget transfers are made on a monthly basis. If an invoice is in excess of the amount of the purchase order, this must be noted and approved by the Executive Director or his designee prior to being sent to the Controller for final disposition and payment. Any errors or corrections to invoices shall also have to be made before invoice goes to the Controller. It will be the responsibility of the accounts payable clerk to audit all purchases. A. Purchases that exceed $ but are equal to or less than $ 1, require that a formal purchase order be issued by the authorized supervisor prior to the purchase, and do not require that any advance quotes be obtained. B. Purchases that exceed $ 1, but are equal to or less than $ 2, require that a formal purchase order be issued by the authorized supervisor, require at least three 3) telephone quotes, and a memorandum with the quotes noted thereon must be submitted with the successful bidder' s invoice for payment. C. Purchases that exceed $ 2, but are equal to or less than $ 10, require that a formal purchase order be issued by the authorized supervisor, require at least three 3) written proposals, which may be effective for up to one year if so specified therein, and the three ( 3) written proposals must be submitted with the successful bidder' s invoice for payment. D. Purchases for $ 10, and over are required to comply with the Authority' s formal bid process and staff shall obtain a Private Crime Entity Form completed by each bidder. There is an exception for emergency repairs, which shall be handled under the Authority' s emergency repairs contract, if at all possible. After a contract has been awarded and ratified by the Board of Supervisors, the Executive Director, or his designee, is authorized to approve minor change orders to

5 the contract to address unforeseen conditions which were not anticipated in the original scope of work up to a cumulative value of all minor change orders of ten 10) percent of the original contract award less any change orders for direct purchases of materials, but not to exceed $ 100, 000. If a single proposed change order exceeds ten ( 10) percent of the original contract award ( less any change orders for direct purchases of materials), or the value of a proposed change order will cause previously processed minor change orders to exceed the ten ( 10) percent cumulative value threshold, the Board of Supervisors must approve such proposed change orders prior to contract modification. All contract change orders must be approved or ratified by the Board of Supervisors. Staff shall prepare a concise, one page summary of the issue and the corrective action required. In addition, staff shall prepare a summary of contract status. The contract status summary shall include the original contract award and a summary of all change orders previously issued. Minor contract change orders, processed by the Executive Director or his designee under the limitations described above, shall be considered by the Board of Supervisors for subsequent ratification under the consent agenda. All other change orders will be considered Supervisors approval. as an individual action item and require prior Board of 2. FIELD PURCHASE ORDERS A field purchase order may be issued for all purchases of $ or less if approved by the Executive Director or the authorized supervisor. The purchase order may be completed after the fact in such instance, but must include the account fund and a complete description of materials purchased and must be accompanied by a signed invoice. No quotes are required. 3. NEW VENDORS New vendor numbers will be assigned and input into the system. At this time the new vendor form will include the TIN number, or in the case of an individual, the social security number. The vendor form will also show whether or not a Form 1099 will be required. 4. PURCHASE ORDER CONTROLS A purchase order numerical sequence file shall be maintained by the Controller, and any out of order or missing purchase orders shall be noted by memo in the accounts payable files with a copy thereof filed to complete the purchase order numerical sequence file. Periodic reviews shall be made of this control procedure by the Controller to ensure compliance. 5. WARRANT CONTROLS All warrants for issuance and voided warrants shall be listed on the warrant report and properly noted. The books of original entry should be used by the Controller to account for all warrants used.

6 6. EXCEPTIONS TO PURCHASING PROCEDURES A. Purchases from legally or practically established " sole sources" shall be made by staff as directed by the prior action of, or ratification at the next following meeting of, the Board of Supervisors. This exception shall be limited to bona fide instances in which a supplier or vendor is legally or practically established as the undisputed sole source of such material, commodity or service. An example would be Clay Electric Cooperative, Inc. for electrical service. Staff shall review and keep current the list of approved sole sources. B. Emergency purchases and contracts are authorized in all instances, regardless of cost, if the Executive Director certifies in writing to the Board of Supervisors prior to the next Board of Supervisors meeting following the expenditure that such purchase or contract was necessitated due to a sudden unexpected turn of events, such as an act of God, riot, fire, flood, accident, insurrection, terrorist threat or attack, or other urgent circumstances, and such event reasonably created any one or more of the following, which the emergency expenditure mitigated or reduced the risk or potential of loss against: 1. An immediate danger to the public health or safety; 2. Other loss to public or private property which requires emergency action by or on behalf of the Authority; and/ or 3. An interruption of an essential service provided by the Authority. Any such emergency expenditures shall be promptly reported to the Board of Supervisors in writing at the next meeting thereof for ratification or other action, and when determined to be reasonably practical under the circumstances by the Executive Director, prior Board of Supervisors approval shall be sought for such emergency expenditures. C. Upon advance Board of Supervisors approval, purchases from current state or other Florida governmental agency or support organization bid lists, which have been established through the use of public advertisement and competitive bidding, are authorized for personal property purchases and for services determined to be generic in nature by the Executive Director or the Board of Supervisors. Such bid lists shall include, without limitation, any such bid lists so established by the Florida Department of Management Services, the Florida League of Cities, the Florida Association of Counties, and the Florida Sheriffs Association. D. With advance approval of the Board of Supervisors, the Authority is authorized to procure supplies, services, goods, and products from time to time through the Cooperative Purchasing Program offered by the U. S. General Services Administration, as may be cost effective and in the best interest of the Authority, and as permitted by applicable law.

7 E. Upon advance Board of Supervisors approval, purchases by " piggyback" arrangement with the State of Florida, or with any agency or subdivision thereof, including without limitation any state agency, department, division, board, public university, community college, special district, municipality, community development district, county, or school district, is permitted for any personal property and for services determined to be generic in nature by the Executive Director or the Board of Supervisors. However, the agency or other governmental entity upon which the Authority relies must have publicly advertised such contract and awarded the same in reference to competitive bidding requirements consistent with Chapter , and the contract upon which the " piggyback" purchase or contract relies must be in force at the time that the purchase or contract is ordered by the Authority, and must consent in writing to the Authority' s use and reliance on the unit pricing under the underlying agreement. The Executive Director or his designee shall coordinate the preparation and execution of an interlocal agreement to document that the Authority' s reliance on the underlying contract established by the cooperating governmental entity has been within the scope and effective duration of that agreement, and with the consent of both the cooperating governmental entity and the vendor. F. Professional services, as permitted under Section 17 of Chapter , are excluded from the public advertisement and competitive bidding requirements. Except in the case of an emergency, as described in section A. above, such services shall be approved in advance by the Board of Supervisors. G. When the Board of Supervisors determines that it is in the best interest of the ratepayers of the Authority, or in the best interest of the public at large, to do so, the Board of Supervisors, to the extent otherwise permitted by applicable law, may vote to waive their own purchasing procedures, and to immediate authorize the contract award or purchase then before the Board of Supervisors for its action and approval. H. Renewals of existing purchasing contracts, contracts for services, and/ or contracts for professional services, which renewals were expressly contemplated in the original contract, and which contracts themselves have been entered into after compliance with the Authority' s purchasing procedure, or pursuant to an exception thereto permitted hereunder or under Chapter The Authority utilizes an in house construction crew for improvements to its utility system, to the greatest extent permitted under F. S. s , as amended from time to time, and as further specifically authorized and approved by the Board of Supervisors from time to time.