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HomeMy WebLinkAbout22-014 RESOLUTION NO. 22-014 A RESOLUTION AMENDING THE ST. LUCIE COUNTY MANUAL OF PURCHASING REGULATIONS; TO CLARIFY THE POLICY PERTAINING TO FEASIBILITY STUDIES IN SECTION 2.3B OF THE MANUAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the Board of County Commissioners of St. Lucie County, Florida has made the following determinations: 1. 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. 2. On October 7, 1985, the Board adopted Resolution No. 85-212 which 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 since that date the Purchasing Manual has been amended from time to time. 3. On August 17, 2021, the Board adopted Resolution No. 21-324 which is the most recent of the numerous resolutions that amended the Purchasing Manual. 4. It is necessary to further amend the Purchasing Manual to clarify the policy pertaining to feasibility studies in Section 2.3b of the Manual. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The St. Lucie County Manual of Purchasing Regulations is hereby amended as set forth in Exhibit "A" attached. 2. This resolution shall become effective upon adoption. After motion and second the vote on this Resolution was as follows: Commissioner Sean Mitchell, Chair AYE Commissioner Frannie Hutchinson,Vice-Chair AYE Commissioner Chris Dzadovsky AYE Commissioner Linda Bartz AYE Commissioner Cathy Townsend ABSENT 1 PASSED AND DULY ADOPTED this 25th day of January, 2022 ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE NTY�CIi �� �'��GL' '!1 NSY Cpy BY: DEPUTY CLERK O ��s► CHAIR virfr to * � m CO * APPROVED AS TO FOR ND oG�rr,nocte CORRECTN S : COUNTY A : ORNEY 2 b. Any professional consultant that contracts as the prime consultant with the County to perform a study as to the feasibility of any County capital project shall not be eligible to participate as the prime consultant 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 related to the feasibility of any County project. The Board may waive this policy by majority vote. For the purpose of this policy a feasibility study is an analysis that considers all of a capital project’s relevant factors – including economic, technical, legal, and scheduling considerations – to ascertain the likelihood of completing the project successfully. A feasibility study does not include a project development and environmental (PD&E) study required by the state or federal government. c. In addition to the provisions of Section 2.3(a)(b), federal standards of conduct apply to all federally supported grant projects, including but not limited to: 1. 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. 2. Such a conflict would arise when the elected official, employee, or agent, any member of his or her immediate family, partner, or 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. 3. 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. d. Violations of the standards of conduct in this Manual 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. 2.4 ENVIRONMENTALLY PREFERRED PURCHASING a. The County will seek to increase acquisition and utilization of environmentally preferred products and services, consistent with price, 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 paying a reasonable premium for environmentally preferred products and services. c. Environmentally preferred purchasing should be taken into account as early as possible in the planning and decision-making process. Environmentally preferred purchasing shall be considered in planning and design phases of new construction and renovation projects 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 electronic and computer equipment, including but not limited to the purchase or lease of duplex printers and copiers, consistent with price, performance, availability, and safety considerations. d. Any vendor contracting with the County is required to purchase products or materials with recycled 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. 2.5 VENDOR REFERENCE REQUEST From time to time, the County receives requests for references regarding vendors, contractors, and professional services providers with whom the County does business. In the event an employee receives a request for a reference, the employee should refer the request to the Department Director or Project Manager, for response. 9