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HomeMy WebLinkAbout09-005ORDINANCE NO. 09-005 AN ORDINANCE AMENDING CHAPTER i-2 "ADMINISTRATION" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA; AMENDING SECTION 1-2- 2~ "CREATION OF PURCHASING DEPARTMENT; HEADED BY PURCHASING AGENT" AN~ SECTION 1-2-29 "PURCHASING ~EPARTMENT POWERS, DUTIES AND FUNCTIONS" TO PI20VIDE FOR A PURCHASING ~IVISION NEADED BY THE MANAGEMENT AND BUDGET DIRECTOR; CREATING SECTION 1-2-51 TO INCLU~E A LOCAL PREFERENCE POLICY AND PROCE~URE FOR LOCAL BUSINESSES IN COUNTY CONTRACTS; PROVI~ING FOR FILING, CO~IFICATION, ADOPTION AND AN EFFECTIVE DATE ~O~N~ m~rDO c)~mZt~ oo~~m °~wrx wC Zw~nm G~oN_• AprnN O~i-DO (7 ~ `°DAO~ om~C2 Z ~ ,o~ W o~m ~~ ~ A O ~ O W O p~ T ~ ~ ~ ~~ m m c> ~ ~ z ~ ~ ~ 0 c ~ ~ WHEREAS, on September 24, 1985, the Board of County Commissioners For St. Lucie County, (the "Board") adopted Ordinance No. 85-06 which created a purchasing department and established the purchasing regulations and procedures for St. Lucie County, Florida, as set forth in the St. Lucie County Manual of Purchasing Regulations and Procedures (the "Purchasing Manual"); and WHERE~S, the Board of County Commissioners desires to amend the Ordinance to conform the organizational structure of the purchasing division to the recent reorganization approved by the Board; and WHERE~S, the Board of County Commissioners desires to amend the purchasing policy to include a local preference policy and procedure for local businesses; and . WHERE~45, St. Lucie County is home to many great locally owned companies, large and small, and these local companies employ many local citizens; and WHERE~S, diversification and expansion of the County's economy is essential to its economic and fiscal stability; and WHEREAS, numerous other local governments in Florida offer their local firms similar local preferences, limiting opportunities for St. Lucie County local businesses; and WHERE~OS, in an effort to provide a positive impact on our local economy and expand the capabilities and capacities of our local companies, the Board of County Commissioners Underlined passages are added. 1 ~5#rwt~ttg~ passages are deleted. desires to provide locally owned and operated companies preference in the purchasing policy system within St. Lucie County 6overnment; and WHEREAS, County government and county residents will benefit from local business retention as these companies pay local real estate taxes and are more (ikely to employ local residents who live in our County and spend in our local economy; and WHEREAS, local businesses contribute to the local tax base and reinvest their dollars back to local communities through jobs and the support of local not-for-profit organizations; and WHEREAS, the Board feels this is an important public policy to show (oyalty and respect to the owners and employees of local companies; and WHEREAS, it is the Board's intent to promote the expansion of St. Lucie County's loca) business capabilities and capacity. NOW, TMEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Fl~rida: ARTICLE IV. PURCHASING DIVISION 1. GENERALLY PART A. SECTIONS 1-2-28 AND 1-2-29 OF ARTICLE IV "PURCHASING" ARE HEREBY AMENDED AS FOLLOWS: Section 1-2-28. Creation of purchasing de~p~r#me+*t division: heuded by F~n9 argcrr~ management nnd budget director. There shal I be a county eFepai°#-rnet~ division known as the purchasing el~ert-~ division which shctll be h~aded by the p management and budget director. Section 1-2-29. Purchasing dcper#nte+tf division powers, duties and functions. The purchasing d~ep~rtet~# division shall have the fol lowing powers, duties and functions pertaining to th~ purchasing or procurement of al) supplies, materials and services: (1) To canvass al) sources of supply and contract for the purchasing or acquisition of al) supplies or services required by all county departments, divisions, and agencies, under competitive bidding or by contractual negotiation; Underlined passages are added. 2 S#wa~ passages are deleted. (2) To plan and coordinate purchases in volume and to coordinate purchasing agreements and contracts from which all county departments as described in the first paragraph shall r°eceive supplies, materials and services; (3) To implement the procedures for securing bids or negotiating and awarding contracts; (4) To determine items and quantities to be purchased locally; (5) To regulate the purchase by any department of any commodity; to establish standards and specifications for any commodity; and to set fair prices that may be paid for any commodity; (6) To furnish copies of any purchasing regulation to all county departments; (7) T~ require that every department and office furnish information relative to a proposed purchase to the Management and Budget Director; (8) Tm arrange for a disposal of surplus materials and equipment for public sale; (9) To act as agent for the clerk, sheriff, tax collector, property appraiser or supervisor of elections from time to time upon request of such officer or officers. ~IVISION 4. LOCAL PREFERENCE PART 6. SECTION 1-2-51 "LOCAL PREFERENCE IN PURCHASING OR CONTRACTING" AND "DIVISION 4 LOCAL PREFERENCE" IN ARTICLE IV "PURCHASING" OF CHAPTER 1-Z "ADMINISTRATION" IS CREATED AS FOLLOWS: Section 1-2-51 LOCAL PREFERENCE IN PURCHASING OR CONTRACTING Except where otherwise provided by federal or state law or other funding source restrictions or as otherwise set forth in the purchasing policy, St. Lucie County shall give preference to local businesses in the following manner: ~a,~ "Local Business" defined: "L~cal business." For purposes of this section, "local business" shall mean a business which meets all of the following criteria: Underlined passuges are added. 3 S#r~tek-#~treagl~ passages are deleted. .~ Has had a fixed office or distribution~oint located in and having a street address within St Lucie Indian River Martin or Okeechobee County for at (east one vear immediatel~prior to the issuance of the re~c uest for competitive bids or request for proposals ~ the count~ The fixed office or distribution ~oint must be staffed. Post office boxes are not verifiable and shall not be used for the purpose of establishing a physical address; and ~ Holds an~ business (icense required by St. Lucie County; and 3~ Is the principal offeror who is u single offeror; a business which is the prime contractor and not a subcontractor• or a partner or joint venturer submitting an offer in con junction with other businesses. ~ Certification Any vendor claiming to be a local business as defined by subsection 1-2-51a) above shall so certif~ in writi~ to the Purchasing Division. The certification shall provide all necessary information to meet the re~uirements of subsection 1-2-51(a) above. The purchasing agent shall not be re~uired to verify the accuracy of any such certifications, and shall have the sole discretion to determine if a vendor meets the definition of a"local business." ~ The bidder/proposer and all lower tiered subcontractors under the bidder/~proposer must pro,perly classify employees as employees rather than independent contractors and treat them accordinglv for purposes of workers' compensation insurance cover~e unem~loyment taxes social security taxes and income tax withholdina. ~ "I~lon-local business" means a bidder which is not a loca) business. ~ Preferenceinpurchaseofcommoditiesandservicesbymeansofcompetitivebid. Under a~ such a~plicable solicitation bidders/proposers desirinq to receive local preference will be invited and required to affirmatively state and provide documentation as set forth in the solicitation in su~port of their status as a local business. Any bidder who fails to submit sufficient documentation with their bid offer shall not be granted local preference consideration for the pur~oses of that specific contract award. Except where federal or state law or any other funding source mandates to the contrary St. Lucie County and its agencies and instrumenta9ities will give~reference to local businesses in the following manner: Competitive bid (local price match option) Each formal competitive bid solicitation (i e sealed bids shall clear~ identify how the price order of the bids received will be evaluated and determined When a qualified and res~onsive non-local business submits the lowest price bid and the bid submitted by one or more qualified and responsive local businesses is within five percent of the price submitted ~ the non-local business, then the local business with the a~parent lowest bid offer (i e• the lowest (oca) bidder) shall have the opportunity to Underlined passages are added. 4 `~`-~•-~~gFr passages nre deleted. submit an offer to match the~riceL) offered by the overall lowest, qualified and responsive non-local bidder In such instances staff shall first verify if the lowest non-local bidder and the lowest local bidder are in fact aualified and responsive bidders Next, the Purchasing Division shall determine if the lowest local bidder meets the requirements of Section 287.087, Florida Statutes If the lowest local bidder meets the requirements of 287.087, Florida Statutes the Purchasing Division shall invite the (owest local bidder in writing to submit a matching offer to the Purchasing Division which shall be submitted in writing to the Purchasina Division within five (5Lbusiness days thereafter If the lowest local bidder submits a written offer that does not fully match the lowest bid from the lowest non-local bidder tendered previously the next lowest fully aualified local bidder will be given the opportunity to match if they are within 5% This cycle shall be repeated until there are no remaining local bidders within 5% then award shall be made to the non-local bidder. If the lowest local bidder does not respond declines or is unable to match the lowest non-local bid price(s), then award will be made to the lowest overal~ualified and responsive bidder If the lowest local bidder does not meet the requirement of Section 287 087 Florida Statutes, and the lowest non-local bidder does the lowest loca) bidder will be disqualified and the next lowest local bidder will be considered if they are within 5% award will be made to the bidder that meets the requirements of the referenced state Inw In the event a local bidder is awarded a contract pursuant to this section all reauests for change orders increasing the cost of the pro ject must be approved by the Board of County Commissioners. ~ Preference in requests for proposa/s In purchasing of or letting of contracts for procurement of personal proper~ materials contractual services, and construction of improvements to real property or existing structures for which a request for proposals is developed with evaluation criteria a local preference of the total score may be assigned for a local preference, as follows: Local businesses which meet all of the criteria for a local business as set forth in this article shall be aiven a preference in the amount of five percent of the total score of the local business. Based u~on analysis of the marketplace for each~ro ject staff shall make a recommendation for or against inclusion of a local preference in the criteria for consideration bv the Board as ~art of the pre-publication process for each request for proposal or bid. ~ Notice Both bid documents and request for proposal documents shall include notice to vendors of the local preference policy. Underlined passages are added. ~J `y'°•-~~gHt passages are deleted. ~ Waiver of the application of local preference The application of Local Preference to a particular~purchase or contract for which the Board of County Commissioners is the awarding authorit~ may be waived upon approval of the Board of County Commissioners. ~ Comparison of qualifications The ~references established herein in no way prohibit the ri~ht of the Board of County Commissioners to compare quality of materials proposed for purchase and compare~ualifications character responsibility and fitness of all persons firms or corporations submittinq bids Further the preferences established herein in no wa~prohibit the ri~ht of the board from giving any further preference permitted by law instead of the preferences granted herein. ~ Reciprocity In the event any other Florida county or municipality ("local government") deemed a~propriate by the St Lucie County Board of County Commissioners, extends preferences to local businesses St Lucie County may enter into an interlocal ~reement with such local government wherein the preferences of this section may be extended and made available to vendors that have a valid occu~ational license issued by that specific local government to do business in that local government that authorizes the vendor to provide the commodities and services to be purchased and a physica) business address located within the limits of that local~overnment Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. Vendors must also be authorized to do business in St L~cie County Vendors shall affirm in writing their compliance with the foregoina at the time of submitting their bid to be eligible for consideration as a"local business" under this section In no event shall the amount of the ~preference accorded other local government firms exceed the amount o~preference that such local government extends to St. Lucie County firms competina for its contracts. ~ Pcerview and administration of this poli~ This policy shall apply to all departments and units under the direct~urview of the Board of County Commissioners. The Management and Bu~et ~epartment shall be res~onsible for developing implementina and maintaining administrative procedures in su~.port of this ~olic~ ~ Subsequent Review and Sunset Provision. Pursuant to this ordinance, this local preference section is being added to the purchasing policy in support of the local economy during difficult economic times in St Lucie County On or about six months after the effective date the Management and Bu~et De,partment will provide the Board with an update of the results and impacts to date of this local preference ~olicy as well as the status of regional reciprocity for St Lucie County businesses in Indian River County. Martin County and Okeechobee County Within one year of the first bid award under this policy is awarded, the Board shall receive a similar report from the Management and Budget Department and shall Underlined passages nre added. 6 ~a-~n-eagkt pnssages are deleted. determine whether to continue or modify this poli ~ Nothing in this section shall prevent the Board from taking action sooner to revise or remove this local preference policy. ~ Limitations. ~ The ~rovisions of this Ordinance shal) apply only to procurements which are above the formal bid threshold as set forth in the St Lucie County Purchasing Manual. ~2 The provisions of this Ordinance shall not apply where prohibited by federal or Florida law or where prohibited under the conditions of any grant. ~ The provisions of this Ordinance shal I not apply to any purchase exempted from the provisions of the St. Lucie County Purchasing Manual. ~4,~ The~rovisions of this Ordinance shall not apply to contracts made under the Consultants ~ompetitive Negotiation Act (CCNA) Section 287.055, Florida Statutes. ~5 The provisions of this Ordinance shall not be applied to any procurement where the local nature of a business has been addressed through the scoring criteria. ~ Irrcorporation into Purchasiny Manua/ Upon adoption the provisions of the local preference policy and procedures shall be incorporated into the Purchasing Manual. PART C. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART D. EFFECTIVE DATE. This ordenance shall take effect upon filing with the Department of State. The ordinance shall not affect Request for Bids or Requests for Proposals that were issued before the effective date. Underlined passages are added. 7 ~nreagM- passages are deleted. PART E. ADOPTION. After motion and second, the vote on this ordinance was as follows: Paula A. Lewis, Chair AYE Charles Grande, Vice Chair AYE Commissioner Chris Craft AYE Commissioner poug Coward AYE Commissioner Chris Dzadovsky AYE PART F. CODIFICATION. Provisions of this ordinance shal) be incorporated in the St. Lucie County Code and Compiled Laws, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B through F shall not be codified. PASSE~ AND ~ULY A~OPTED this 21st day of April, 2009. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORI~A BY: • Chnir AS TO FORM AND BY: County Underlined passages are added. $ "-~'-~m;gl~ passnges are deleted. CHARLIE CRIST Governor May 4, 2009 STATE LIBRARY AND ARCHIVES OF FLORIDA Honorable Edwin M. Fry, Jr. Clerk of the Circuit Court St. Lucie County Post Office Drawer 700 Fort Pierce, Florida 34954 Attention: Ms. Millie Delgado -Feliciano, Deputy Clerk Dear Mr. Fry: F MAY 14 20 AT&0 KURT S. BROWNING Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated April 27, 2009 and copies of St. Lucie County Ordinance Nos. 09-008 and 09-005, which were filed in this office on April 30, 2009. Sincerely, e_�� U" Liz Cloud Program Administrator LC/srd DIRECTOR'S OFFICE RA. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 850.245.6600 • FAX: 850.245.6735 • TDD: 850.922.4085 • http://diis.dos.3tate.fLus COMMUNITY DEVELOPMENT STATE LIBRARY OF FLORIDA STATE ARCHIVES OF FLORIDA 850.245.6600 • FAX 850.245.6643 850.245.6600 • FAX: 850.245.6744 850.245.6700 • FAX: 850.488.4894 LEGISLATIVE LIBRARY SERVICE RECORDS MANAGEMENT SERVICES ADMINISTRATIVE CODE AND WEEKL 850.488.2812 • FAX: 850.488.9879 850.245.6750 • FAX: 850.245.6795 850.245.6270 • FAX: 850245.6282