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HomeMy WebLinkAbout10-067 ~y ~~n p~~ch . RESOLUTION 10-067 A RESOLUTION BY ST. LUCIE COUNTY, FLORIDA TO AMEND THE ST. LUCIE COUNTY PURCHASING MANUALTO INCLUDE ENVIRONMENTALLY PREFERRED PURCHASING WHEREAS, in January 2008, the Board of County Commissioners for St. Lucie County (the "Board") directed staff to pursue the Florida Green Building Coalition's "Green Local Government" certification to further the County's sustainability goals; and WHEREAS, one of the goals outlined in the Greenprint was to strengthen green government policies and practices, including adoption of Environmentally Preferred Purchasing (EPP) policies, consistent with price, performance, availability, and safety considerations; and WHEREAS, EPP is procurement of products or services that have a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose; NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1. This Board amends the Purchasing Manual to include EPP as set out in Exhibit "A". Section 2. All other sections of the Purchasing Manual shall remain the same. PASSED AND DULY ADOPTED this 23`d day of February 2010. BOARD OF COI,011TY COMMISSIONERS q'I'TE ST. LUCIE-CO Y, FLORIDA f P / Deputy Clerk Chairm n C'd~O~d~ APPROVES AS TO FORM AND " ~ COR CTN SS: rr.~~ ° O ~i' ~ ~ ~ ~"r ~ H t Co ty Attorn * t~ `{.r r... . r SECTION 2 -GENERAL PURCHASING OVERVIEW 2.1 VALUE OF CENTRALIZED PURCHASING The strength of the Central Purchasing System is its ability to serve the Departments without requiring them to maintain their own internal purchasing process. The Value of Centralized Purchasing has long been recognized in both government and private business. a. Centralized Purchasing promotes economy and efficiency by facilitating accounting and finance control and by enabling quantity purchasing and the standardization of frequently used items. b. Also, Centralized Purchasing facilitates public advertising and competitive bidding by channeling the purchasing process through a specialized Purchasing Division. 2.2 ROLE OF THE PURCHASING DIVISION The role of the Purchasing Division in the purchasing process is to serve the Departments. a. The Purchasing Division is responsible for verifying that the departments have adhered to County Purchasing Policies in locating and ordering goods and services, and more particularly, as follows: 1. Conform to the specifications provided by the Department; 2. Are the lowest reasonable cost; 3. Are available within the time requested by the Department, or as soon as possible; and, 4. Conform to the procedures of a professional and ethical purchasing process. b. The Purchasing Division is also responsible for insuring proper authorization and recording of all purchase transactions by its personnel. 2.3 ROLE OF OPERATING AGENCIES The role of Departments in the purchasing process is to utilize the services of the Purchasing Division. a. Departments are responsible for: 1. Identifying, as soon as possible and sufficiently in advance, their needs for goods and services in their County Operations and Activities. 2. Notifying the Purchasing Division of all purchasing needs, utilizing the proper forms and procedures as described in this manual. 3. Providing clear and precise specifications far each item or service being ordered. 4. Determining that sufficient funds are available in their authorized budgets to pay for each item or service that they order. 5. Inspecting all items or services as delivered, and notifying. the Finance Department of the receipt in order to authorize payment to the Vendor. b. Departments shall adhere to proper procedures for all purchase transactions initiated by their personnel 2.4 ROLE OF THE FINANCE DEPARTMENT The role of the Finance Department, as an agent of the Clerk to the Board, is to serve as the Accountant and Treasurer to the Board of County Commissioners. In the purchasing process, the Finance Department is responsible for: a. Pre-auditing all payment requisitions, prior to disbursement, to determine accuracy, legality, and propriety, and to determine that appropriate policies and procedures have been followed. b. Rejecting any payment requisition for a purchase transaction in which the policies and procedures outlined in this manual have not been followed. c. Disbursing funds for purchase transactions that are legal and proper, and in compliance with all appropriate policies and procedures. d. Recording all disbursements in the County's Accounting Records. 2.5 GENERAL PURCHASING POLICIES The adoption of this Purchasing Manual formalizes the General Purchasing Policies of the Board of County Commissioners, as follows: a. All purchases shall be made by the Purchasing Division, except as otherwise provided hereinafter. b. A County employee acting in a private capacity shall not rent, lease, or sell any realty, goods, or services to the County. A County employee, for the purposes of this section only, shall not include any member of the St. Lucie County Board of County Commissioners. With regard to the receipt of any benefit or profit from any contract or purchase made by the County, the actions of the County Commissioners as well as the Director of Management and Budget or any other County employee having the authority to commit the expenditure of County funds through the issuance of a purchase order shall be governed by Chapter 112, Florida Statutes. c. No County employee shall solicit or accept anything of value to the employee including a gift, loan, reward, promise of future employment, favor, or service based on any understanding that the judgment of the employee would be influenced thereby. d. The Purchasing Division strives to maintain a strong and enduring relationship with vendors of proven ability. To accomplish this, purchasing activities will be conducted so that vendors will value County business and make an effort to meet our requirements on the basis of quality, service, and price. e. The County will buy only from suppliers who have adequate financial strength, high ethical standards, and a record of adhering to specifications, maintaining shipping promises, and giving a full measure of service. New sources of supply shall be given due consideration as multiple sources of supply are necessary to ensure availability of materials. f. All Bidders must be afforded equal opportunities to furnish price quotations and are to compete on equal terms. g. The Director of Management and Budget shall act as the County Representative on all matters pertaining to Purchasing. h. The Director of Management and Budget shall not knowingly issue a Purchase Order when there is evidence of a conflict of interest. In instances when a conflict may exist, but its existence is not clearly established, the Director of Management and Budget shall refer the matter to the County Attorney whose opinion shall be final in the absence of any specific action by the Board of County Commissioners. All contracts between the County and any vendor or consultant shall contain the following clause: CONFLICT OF INTEREST The CONTRACTOR represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Section 112.311, Florida Statutes. The CONTRACTOR further represents that no person having any interest shall be employed for said performance. The CONTRACTOR shall promptly notify the COUNTY, in writing, by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the CONTRACTOR'S judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the CONTRACTOR may undertake and request an opinion of the COUNTY as to whether the association, interest or circumstance would, in the opinion of the COUNTY, constitute a Conflict of Interest if entered into by the CONTRACTOR. The COUNTY agrees to notify the CONTRACTOR of its opinion by certified mail within 30 days of receipt of notification by the CONTRACTOR. If, in the opinion of the COUNTY, the prospective business association, interest or circumstance would not constitute a Conflict of Interest by the CONTRACTOR, the COUNTY shall so state in the notification and the CONTRACTOR shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in Conflict of Interest with respect to services provided to the COUNTY by the CONTRACTOR under the terms of this Agreement. i. The County has established a policy that any Professional Consultant that contracts with the COUNTY as an advisor as to the feasibility of any County capital project, shall not be eligible to participate in any future design work on that project that might become necessary as a result of the Consultant's advice. This policy shall be included in any request for proposals requesting advice as to the feasibility of any County Project. The Board of County Commissioners may determine to waive this policy by majority vote if the Board determines that there is a compelling reason to waive the policy. ~es+*e~ent: 2.6 SPECIFIC PURCHASING POLICIES AND PROCEDURES Specific purchasing policies and procedures will vary depending on the type and cost of the item or service being purchased. This manual is organized into a number of sections describing policies and procedures applicable to different purchasing transactions and controls. a. Primary Purchasing Transactions Primary Purchasing Transactions are divided into a number of mutually exclusive categories. These categories are as follows: 1. Petty Cash Purchases -Section 3 2. Outside Purchases -Section 5 3. Construction Contracts -Section 9 4. Professional Services Contracts -Section 10 5. Emergency Purchases -Section 11 6. Travel and Educational Expenses -Section 15 7. Miscellaneous Obligations -Section 16 b. Purchasing Controls Various Purchasing Controls are utilized by the Purchasing Division and Finance Departments and other Central Management Agencies to oversee various purchasing transactions. These controls are as follows: 1. Requisition Procedure -Section 6 2. Vendor Selection -Section 7 3. Professional Services Negotiations -Sections 10.5 4. Contract Procedure -Section 8 5. Purchase Orders -Section 12 6. Receiving -Section 13 7. Payment Procedures -Section 14 2.7 CONFLICT OF INTEREST -FEDERALLY-FUNDED GRANT PROJECTS In addition to the provisions of Section 2.5 of this Purchasing Manual, the following standards of conduct apply to all federally supported grant projects: No elected official, employee, or agent of the County shall participate in selection or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent would be involved. Such a conflict would arise when: a. The elected official, employee, or agent b. Any member of his or her immediate family, c. His or her partner, or d. An organization which employs, or is about to employ, any of the above, has a financial or other interest in the firm selected or considered for award. The County's elected officials, employees, or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, potential contractors, or parties to sub-agreements. Violations of these standards of conduct may result in disciplinary action as set forth in Section 112.317, Florida Statutes, provided that such disciplinary action does not conflict with the jurisdiction of the State of Florida Commission on Ethics. 2.8 VENDOR REFERENCE REQUESTS From time to time, the County receives requests for references regarding vendors, contractors, and professional services providers with whom the County does business. All such requests are to be handled by the Purchasing Division. In the event an employee receives a verbal request for a reference, the employee should refer the person making the request to the Director of Management and Budget for response. If the request is in writing, the employee should forward the written request to the Director of Management and Budget for response. 2.9 ENVIRONMENTALLY PREFERRED PURCHASING a. The County will seek to increase acquisition and utilization of environmentally preferred products and services consistent with puce performance, availability and safety considerations Environmentally preferred purchases are products or services that have a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose. b. The County may consider paving a reasonable premium for environmental preferred products. c. Such purchasing should be taken into account as early as possible in the plannin~c and decision making process Environmentally preferred purchasing shall be considered in tannin and desi n hases of new construction and renovation Qrojects including energy conservation green building technologies and Florida- friendly landscaping The County will seek to increase the purchase and use of environmentally preferred office and cleaning supplies and electrornc and computer equipment including but not limited to the purchase or lease of duplex punters and copiers consistent with price performance availability and safety considerations. Anv vendor contracting with the County is reguired to purchase products or materials with rec cled content when those products or materials are available at reasonable prices within a reasonable period of time unless the products or materials fail to meet reasonable performance standards If the decision was made not to use recycled products the vendor shall provide the County with a written statement indicating the basis for the decision.