Broward County Commission Regular Meeting
Director's Name: Monica Cepero
Department: County Administration Division: Libraries
Information
Requested Action
title
A. MOTION TO INCREASE Director of Purchasing’s award authority limit to procure exempted library materials for Fiscal Years 2024 through 2026, up to the budgeted amount in the Libraries Division’s applicable budget line item, which is approximately $7.1 million per Fiscal Year.
ACTION: (T-10:44 AM) Approved.
VOTE: 8-0. Mayor Rich voted in the affirmative telephonically. Commissioner Ryan was not present.
B. MOTION TO AUTHORIZE Director of Purchasing to negotiate and execute Participating Addenda to permit the County to purchase library materials pursuant to Florida Alternate Contract No. 55000000-23-NY-ACS, utilizing the original competitive procurement by the State of New York, Award No. 23260, for specific purchases of exempt library materials, in accordance with Broward County Procurement Code Section 21.5(b), under the Florida Department of Management Services Alternate Contract Source Books, Serials, Databases, and Library Resource Management Products (No. 55000000-23-NY-ACS) (“Florida ACS”), including without limitation with vendors Baker and Taylor, LLC, Ingram Library Services, LLC, and Midwest Tape, to procure library materials and subscriptions, for the duration of the Florida ACS (currently through August 31, 2027, but subject to extensions of up to five years), in an amount not to exceed the allocated budget for exempt library material purchases, and subject to review for legal sufficiency by the Office of the County Attorney.
ACTION: (T-10:44 AM) Approved.
VOTE: 8-0. Mayor Rich voted in the affirmative telephonically. Commissioner Ryan was not present.
C. MOTION TO APPROVE OverDrive Digital Library Reserve Access Agreement and the associated order form with OverDrive, Inc., a digital content provider for libraries and schools, to procure content and services for the Libraries Division, for the period from March 27, 2024, for an initial term of two years and annual renewals through March 26, 2034; and authorize the Director Purchasing to approve purchases under the agreement provided the aggregate purchases each Fiscal Year, together with all like purchases from other sources, are within the applicable budgeted amounts for the Libraries Division for that Fiscal Year.
(Per the Tuesday Agenda Memorandum, the Board’s consideration of Motion C is based on the Motion Statement amended by the Additional Material submitted by the Libraries Division.)
ACTION: (T-10:44 AM) Approved as amended with Regular Meeting Additional Material, dated April 16, 2024, submitted at the request of Libraries Division.
VOTE: 8-0. Mayor Rich voted in the affirmative telephonically. Commissioner Ryan was not present.
D. MOTION TO AUTHORIZE Purchasing Director to approve, execute, and ratify agreements with suppliers of exempt goods and services for the Libraries Division for terms of up to ten years, provided the total cost to County under each contract individually will not exceed $1,000,000 over the duration of the contract, provided the total aggregate spend of all similar nonexempt purchases for the Libraries Division does not exceed the then-current Fiscal Year budget for the applicable line item, and subject to review for legal sufficiency by the Office of the County Attorney.
ACTION: (T-10:44 AM) Approved.
VOTE: 8-0. Mayor Rich voted in the affirmative telephonically. Commissioner Ryan was not present.
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Why Action is Necessary
Motion A is necessary to increase the Director of Purchasing’s award authority. In accordance with the Broward County Procurement Code, Section 21.5(b) certain goods and services (library materials) are exempt from the requirements of this Code and may be purchased by the Director of Purchasing, up to the Director of Purchasing’s award authority (currently $500,000).
Motion B is necessary for authority to execute participating addenda for the procurement of exempted goods and services pursuant to the Florida ACS for purchases that exceed the Purchasing Director’s award authority.
Motion C is necessary for authority to approve the referenced agreement and order form.
Motion D is necessary to authorize the Director of Purchasing to approve and execute contracts for library exempt purchases for terms of up to ten years and up to $1,000,000 total cost per contract.
What Action Accomplishes
Motion A increases the Director of Purchasing’s award authority to the amount of the annual allocation for library materials, for the purchase of library materials that are exempt from the Procurement Code.
Motion B authorizes participating addenda to the Florida ACS to procure library materials that are exempt from the provisions of the Procurement Code.
Motion C authorizes approval and ratification of the referenced agreement.
Motion D authorizes the Purchasing Director to approve and execute contracts for exempt purchases for the Libraries Division, subject to certain fiscal and legal parameters.
Goal Related Icon(s)
☐County Commission
☐Go Green
☐MAP Broward
Previous Action Taken
None.
Summary Explanation/Background
THE LIBRARIES DIVISION RECOMMENDS APPROVAL OF THE ABOVE MOTIONS.
This item supports the Division’s mission to provide in a cost-effective manner a full range of quality library services to its diverse community.
Annually, the Libraries Division purchases library materials for public use, including books, magazines, trade journals, databases, and other copywritten materials, either in hard copy or electronically. Pursuant to Section 21.5(b) these items are exempt from the Procurement Code and may be purchased by the Director of Purchasing, either competitively or non-competitively, up to his award authority.
Approval of Motion A will increase the Purchasing Director’s authority for library materials for Fiscal Years 2024 thru 2026, up to the amount of the Libraries Division’s annual budget allocated for this purpose; the average annual expenditure for exempt Library materials is $7.1 million.
Approval of Motion B would permit the Director of Purchasing to negotiate and execute participating addenda (Exhibit 1) with the approved contractors for procuring library materials through suppliers that are available through the Florida ACS No. 55000000-23-NY-ACS. The major suppliers for library materials thru this contract are Baker & Taylor, LLC, Ingram Library Services, Inc., and Midwest Tape, which collectively represent approximately 50% of the library materials purchased annually. A 1% transaction fee is imposed for utilizing the Florida ACS.
Approval of Motion C approves the agreement with Overdrive, Inc. (Exhibit 2) for digital library content and associated order form. The County has purchased content and services from Overdrive since 2008; this agreement would be for the period from March 27, 2024, for an initial two-year term and then annual renewals through March 25, 2034. This item would also authorize the Purchasing Director to approve purchases under this agreement that, when combined with all other like purchases for Libraries Division, do not exceed the applicable line item in the Libraries Division approved budget for the then-current Fiscal Year budget.
Motion D authorizes the Purchasing Director to approve, execute, and ratify individual contracts with terms of up to ten years for exempt purchases that do not exceed $1,000,000 for the duration of the contract, subject to review for legal sufficiency by the Office of the County Attorney, and provided the total purchases are within the applicable line item of the approved budget for the Libraries Division for the then-current Fiscal Year. This item would authorize the Purchasing Director to ratify existing contracts and approve new contracts for the continuation of ongoing services and subscriptions available to library patrons, such as Libraries Ideas, which provides a music subscription service, Data Axle, which provides subscriptions to certain databases, and Kanopy, which is an on-demand video platform.
The Libraries Division and Purchasing Division have determined that approval of these actions support exempt procurement of library materials for public use.
Source of Additional Information
Allison Grubbs, Libraries Director, 954-357-7377
Fiscal Impact
Fiscal Impact/Cost Summary
The adopted operating budget in any Fiscal Year will govern expenditures related to motions A through D. These amounts in total will be within the approved budget amounts, the current Libraries Divisions’ collection management budget of $7.1 million.