HomeMy WebLinkAbout24-169 RESOLUTION NO. 24-169
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST.
LUCIE COUNTY, FLORIDA, REPEALING RESOLUTION NO. 09-352
RELATING TO THE CREATION OF APPRENTICESHIP PROGRAM
REQUIREMENTS AND AMENDING SECTIONS 8, 9, AND 19 OF THE
ST. LUCIE COUNTY PURCHASING POLICY MANUAL TO REMOVE
APPRENTICESHIP PROGRAM REQUIREMENTS;AND PROVIDING FOR
AN EFFECTIVE DATE
WHEREAS,the Board of County Commissioners of St. Lucie County, Florida, has made the
following determinations:
1. 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.
2. On December 8, 2009,the Board adopted Resolution No. 09-352 which amended
the Purchasing Manual to establish Apprenticeship Program Requirements.
3. On January 25, 2022, the Board adopted Resolution No. 22-014 adopting the
current version of the Purchasing Manual.
4. Effective July 1, 2024, the Florida Legislature adopted Chapter 2024-208, Laws of
Florida, which amended Section 255.0992(1)(b), Florida Statutes to add projects that are funded
with local funding to the definition of a "public works project".
5. The effect of this new law is to prohibit the County from requiring that a
contractor, subcontractor, or material supplier or carrier engaged in a public works project
funded with local or state dollars:
a. Pay employees a predetermined amount of wages or prescribe any wage rate;
b. Provide employees with a specified type, amount, or rate of employee
benefits;
c. Control, limit, or expand staffing; or
d. Recruit, train, or hire employees from a designated, restricted, or single
source.
6. Because the new state law now includes locally funded public works projects, it
appears that the state has prohibited the County from implementing its apprenticeship program.
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7. The Board has determined that it is appropriate to repeal Resolution No. 09-352
and amend Sections 8, 9, and 19 of the Purchasing Manual to remove Apprenticeship Program
Requirements.
NOW, THEREFORE, be it resolved by the Board of County Commissioners of St. Lucie
County, Florida:
1. Recitals. The foregoing recitals are true and correct and are incorporated herein
by reference.
2. Purchasing Manual Amendments. Sections 8, 9, and 19 of the St. Lucie County
Purchasing Policy Manual are hereby amended as shown in Exhibit "A" attached
hereto and incorporated herein. Except as otherwise amended by this Resolution
No. 24-169, the St. Lucie County Purchasing Policy Manual as adopted by
Resolution 22-014 remains in full force and effect.
3. Repeal. Resolution 09-352 is hereby repealed. All other Resolutions or parts of
Resolutions in conflict with this Resolution 24-169 or inconsistent with the
provisions of this Resolution 24-169 are hereby repealed.
4. Effective Date. This resolution shall become effective on adoption.
After motion and second, the vote on this resolution was as follows:
Commissioner, Cathy Townsend, Chair Absent
Commissioner Chris Dzadovsky, Vice Chair AYE
Commissioner Larry Leet AYE
Commissioner Linda Bartz AYE
Commissioner Jamie Fowler AYE
PASSED AND DULY ADOPTED this 1st day of October 2024.
ATTEST: d G SS/O
' BOARD OF COUNTY COMMISSIONERS
�OMM'' Z� T. LUCIE COUNTY, FLORIDA
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t dhit s
DEPUTY CLERK Gc� �ouNfl�E��� JI(4CHA
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APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
COUNTY ATTO EY
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SECTION 8 - PURCHASES GREATER THAN $50,000 - INVITATIONS TO BID
Except as provided elsewhere in the Manual, purchase of goods and services for more than $50,000
shall be acquired through Invitations to Bid (1TB) which requires submission of formal sealed bids or
under a State Contract, or Federal General Services Administration Contract pursuant to Chapter 287,
Florida Statutes.
BID WAIVER
Certain purchases for more than $50,000 shall be acquired through quotations if there is a waiver of the
requirement for formal sealed bids by the Board of County Commissioners.
a. The waiver of formal sealed bids may be requested based on o�of the following:
1. If an emergency exists which would result in a direct loss to the County or imminent damage to
public property, safety or health by requiring competitive bids due to the time loss inherent in the
bidding procedures, or there is an interruption of an essential governmental service. In cases of
emergency, the County Administrator may approve the bid waiver and submit the waiver request
to the Board at the next scheduled meeting or a special meeting.
2. If there is only a single source for the goods or service.
3. If used items are available that would provide substantial savings over purchase of new items.
4. If quotations indicate that the item may be purchased for a price which is less than the price if
purchased through State Contract as provided by Chapter 287, Florida Statutes.
5. If the product is available from the State Department of Corrections Nonprofit Corporation for
Correctional Work Programs organized under Chapter 946, Florida Statutes, as it may be
amended.
7. If no bids or only one bid is received in response to a request for formal sealed bids.
8. Direct or competitive negotiations for construction services authorized by Section 255.20 of the
Florida Statutes and including negotiations for Construction Management Services authorized by
Section 255.103 and design-build services authorized by 287.055 of the Florida Statutes.
9. If the funding source for the project or contract will be diminished or lost because the time required
to competitively award the project or contract after the funds become available exceeds the time
within which the funds must be spent, or project completed.
10. If the Board determines that it is in the best interests of the County to do so.
b. All bid waiver requests for construction projects must be approved by the County Attorney's office to
ensure compliance with FS 255.20 prior to scheduling the public hearing. No bid waiver shall be
required for procurements using the prequalification or shortlisting methods, set forth in Section 11,
followed by sealed bids by the prequalified or shortlisted firms.
INVITATIONS TO BID
Invitations to Bid (1TB) are formal sealed bids and will normally be used for purchases of goods and
services more than $50,000.
a. Except as stated herein, St. Lucie County follows the general criteria set forth in Section 287.057,
Florida Statutes, for the acquisition of commodities (i.e., goods) and contractual services (i.e.,
construction contracts, maintenance, and repair contracts).
b. A public announcement of the 1TB shall be made through a local newspaper for one day (required)
and other approved media, including an agreement with an outside provider of such services. The
announcement shall include a description of the project and/or goods required, and where interested
bidders may apply for consideration. All bid information will be available on the internet.
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d-c.As allowed by law,the 1TB must include Local Preference criteria provided in Section 5 unless waived
by the Board.
e d. If the specifications for an 1TB are changed after the original advertising and mailing to vendors,
the addendum procedure will be implemented. The addendum shall clearly point out any addition or
change to the specifications. All prospective bidders who have received specifications are to be
notified of the addendum by email or fax. The vendor is responsible to obtain and incorporate all
addenda into their bid. No addendum shall be issued five (5) days prior to a bid opening without
extending the bid opening date unless the change or clarification does not materially affect the bid.
f e. The bid shall be considered responsive if it answers all required information, contains any and all
required bonds, and is duly signed by an authorized officer of the entity on behalf of the entity. Only
complete bids shall be considered. Any incomplete bid shall be deemed as non-responsive.
0_The Board reserves the right to:
1. Waive any informalities or minor irregularities;
2. Reject any and all bids which are incomplete, conditional, obscure, or which contain additions not
allowed for in the bid;
3. Cancel, accept or reject any and all bids in whole or in part with or without cause;
4. Disqualify any and all bidders if there is any reason to believe that collusion or fraud exists among
bidders; or
5. Accept the bid which best serves the County.
h c _ The bids will be received until the prescribed time and will be opened immediately thereafter. The
following minimum criteria shall be considered in order of importance in evaluating bids.
1. Price;
2. Compliance with 1TB specifications, including delivery date, materials, processes, etc.Should the
low bid be responsive but deviate from the specifications contained in the 1TB, such deviation
shall be reviewed for suitability to achieve the County's purpose; and
3. Compliance with other Board purchasing policies such as the Local Preference policy and-the
as applicable.
j. The Department Director or designee shall make a recommendation to the Board regarding the award
of the 1TB.
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SECTION 9 - REQUEST FOR PROPOSALS
A Request for Proposal (RFP) is a purchasing method that is utilized when a variety of relevant factors
in addition to price will be evaluated.
RFP CONTENTS
a. A public announcement of the RFP shall be made through a local newspaper for one day (required),
and other approved media and shall include a description of the project, services and/or goods
required, and where interested bidders may apply for consideration.
b. The RFP shall include, but is not limited to, the following:
1. Description of the scope of services requested. The description shall be sufficient to assure that
all proposers have the same understanding of the requested services, material or product
specifications, time schedule and expectations.
2. Request for specific and general information on how the proposer will proceed with the project
including written documentation of the proposer's expertise and ability to perform the requested
service.
3. Requirements for submission of concept plans or approaches, if applicable.
4. The criteria upon which the proposal will be evaluated, including the Local Preference criteria as
provided in Section 5 and the Apprenticeship requirement as provided in Section 18, as
applicable.
5. Specific instructions on how, when and where the proposals shall be submitted, including the date
the proposal will be opened.
6. Requirement that the proposal be submitted as a sealed package and contain all required
information, documents and signatures.
7. Statement that the Board reserves the right to reject all irregular proposals or to reject all
proposals if it is deemed by the Board to be in the best interest of the County.
RFPAWARD
a. The County Administrator or designee shall approve the appointment of a selection committee which
shall not be composed of more than 50% of members from the user department unless approved by
the County Administrator in advance. If multiple departments will be utilizing the contract, no single
department shall compose more than 50% of the committee members. The Board may exercise its
option to appoint itself to serve as the selection committee.
b. The Department Director or the Purchasing Division shall make a recommendation to the Board
regarding the award of the RFP if the cost is more than $50,000.
c. The Board reserves the right to:
1. Waive any informalities or minor irregularities;
2. Reject any and all proposals which are incomplete, conditional, obscure, or which contain
additions not allowed for in the proposal;
3. Cancel, accept or reject any and all proposals in whole or in part with or without cause;
4. Disqualify any and all proposers if there is any reason to believe that collusion or fraud exists
among proposers; or
5. Accept the proposal which best serves the County.
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SECTION 19 - CONSTRUCTION CONTRACTS
19.1 CONSTRUCTION CONTRACTS AND AMENDMENTS
a. Construction contracts shall comply with all Board policies for contracts with additional appropriate
conditions as approved by the County Attorney. Per F.S. 255.20, construction contracts are to be
utilized when a public entity contracts to construct or improve a public building, structure or other
public construction works.
b. Change orders are utilized to amend construction contracts when only time and/or price is involved.
All other amendments to construction contracts must be accomplished through a contract amendment
and approved by the original signing authority. For purposes of contract amendments, scope of work
for construction contracts generally is defined to include any work that is required to construct the
project.
c. Construction contracts will be awarded only to a contractor who is certified or licensed by the County
and/or State, as appropriate, and has provided proof of insurance in amounts satisfactory to the
County.
d. Except as provided in (e), the County Administrator is authorized to approve change orders or
contract amendments up to cumulative total of $50,000. Once the cumulative total of $50,000 is
exceeded, all subsequent amendments must go before the Board for approval.
e. Construction contracts may include a project contingency up to 10% of the contract amount. Use of
funds from the project contingency shall be approved by the Project Manager. When the cumulative
total of change orders or contract amendments exceeds the contract contingency, additional change
orders or contract amendments, other than time extensions, must be approved by the Board.
f. The County Administrator is authorized to approve time extensions.
g. In case of emergency and/or when a delay will result in potential work stoppage or additional costs
to the County as a result of the delay, the Director may seek approval from the County Administrator
to proceed with the work. If Board approval of the change order or contract amendment is required,
it may be processed after-the-fact at the next available Board meeting.
APPRENTICESHIP PROGRAM REQUIREMENTS
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apprentices. Such apprentices shall be students in certified State of Florida Pre
Apprenticeship/Apprenticeship Programs which are located in St. Lucie, Martin, Indian River or
located in St. Lucie, Martin, Indian River or Okeechobee Counties.
c. Unle"s the apprenticeship requirement is waived by the County, the failure of the Contractor to
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d. County
1. Upon request of the contractor, if the contractor can demonstrate that the required apprentices
not sufficient to meet the required 20% and the contractor commits to utilizing a specific
19.319.2 BONDING AND INSURANCE
REQUIREMENTS Public Construction Bond
a. Section 255.05, Florida Statutes, provides that any person entering into a formal contract with the
Board for the construction or repair of any public building or public work shall be required to execute
the usual Penal Bond with good and sufficient sureties. Section 255.05, Florida Statutes, further
provides that the Board, in its discretion, may exempt any person entering into a contract that is for
$200,000 or less from executing the usual penal bonds for construction and repair on public buildings
and public work.
b. The Board has determined to not require a public construction bond for projects under $100,000
unless deemed necessary by the County Administrator or designee. Requests for waiver of the bond
requirements from $100,000 up to $200,000 shall be reviewed and approved by the County
Administrator on a case-by-case basis.
General Insurance Requirements
a. The contractor shall be required to purchase and maintain such insurance as will protect him or her
from claims set forth below that may arise out of or resulting from the contractor's operations under
the contract, whether such operations be by the contractor or by any subcontractor or by anyone
directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable
for:
1. Claims under Workers' or Workmen's Compensation, Disability Benefit, and other similar
employee benefit acts.
2. Claims for damages because of bodily injury, occupational sickness or disease, or death of the
contractor's employees.
3. Claims for damages because of bodily injury, sickness or disease, or death of any person other
than the contractor's employees.
4. Claims for damages insured by usual personal injury liability coverage which are sustained (1) by
any person as a result of an offense directly or indirectly related to the employment of such person
by the contractor, or (2) by any other person.
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5. Claims for damages, other than to the work itself, because of injury to or destruction of tangible
property, including loss of use resulting there from; and;
6. Claims for damages because of bodily injury or death of any person or property damage arising
out of the ownership, maintenance or use of any motor vehicle.
b. The insurance required shall be written for not less than any limit of liability specified in the contract
documents, or required by law,whichever is greater. The insurance required shall include contractual
liability insurance applicable to the contractor's obligations.
c. The contractor shall purchase and maintain property insurance upon the entire work at the site to the
full insurable value (replacement cost). This insurance shall include the interest of the County, the
contractor, subcontractors, and sub subcontractors in the work and shall be insured following the
Basic Causes of Loss form and shall include "all risk" insurance for physical loss and damage
including, without duplication of coverage, theft, vandalism, and malicious mischief. If the County is
damaged by failure of the contractor to purchase or maintain such insurance and to so notify the
County,then the contractor shall bear all reasonable costs properly attributable thereto. If not covered
under all risk insurance or otherwise provided in the contract documents, the contractor shall effect
and maintain similar property insurance on portions of the work stored off the site or in transit when
such portions of the work are to be included in an application for payment.
d. The contractor shall file with the County certificates of insurance acceptable to the County prior to
commencing the work. If the contract exceeds $50,000, the certificate shall name St. Lucie County,
its officers and employees as additional insured with respect to the work performed under the
contract. These certificates shall contain a provision that coverages afforded under the policies will
not be canceled until at least thirty (30) days prior written notice has been given to the County.
i u.41 3 RETAINAGE FOR CONSTRUCTION CONTRACTS
a. Retainage for construction contracts shall be governed by F.S. 218.70, known as the Local
Government Prompt Payment Act,as it may be amended, which contains specific language regarding
the timing and conditions under which retainage must be released.
scr,.` = CLOSE OUT OF CONSTRUCTION CONTRACTS
a. Construction contract projects other than public roads will be closed out after a Certificate of
Occupancy has been issued (if applicable), certification by an architect or engineer that construction
has been completed in accordance with the construction plans and specifications and acceptance by
the County project manager. At the discretion of the project manager, the contractor may be required
to provide consent of surety before any progress payment, including the final payment.
b. Construction contracts for public road projects shall be considered complete upon acceptance by the
Board and certification by an engineer that construction has been completed in accordance with
construction plans and specifications. Such acceptance shall provide for release of construction
retainage. At the discretion of the project manager, the contractor may be required to provide consent
of surety before any progress payment, including the final payment.
c. Final payment and release of retainage shall not occur until close out has been completed and all
liens have been released.
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