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HomeMy WebLinkAboutInformal Agenda & Packet 03-03-2009 ~ -~F" ~j Y ~R~,~C~ffi ~ ~~w~',*l4 I~ S:. ~ • ~ AGENDA Tuesday, March 3, 2009 10:00 A.M. SPECIAL INFORMAL MEETING 1. CALL TO ORDER - COMMISSIONER LEWIS, CHAIRMAN, BOARD OF COUNTY COMMISSIONERS 2. QUEENS ISLAND PRESERVE/FDOT POLICY CHANGE (Urgent - Board direction needed) 3. GREEN COLLAR TASK FORCE 4. PROCUREMENT - PROPOSED LOCAL STIMULUS INITIATIVES 5. FEDERAL STIMULUS FUNDING 6. QUESTIONS AND COMMENTS 7. ADJOURNMENT CONFERENCE ROOM #3 ROGER POITRAS ADMINISTRATION ANNEX 2300 VIRGINIA AVENUE, FORT PIERCE FLORIDA 34982 NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. ~~v~s~~ DIUISIDN OFENGINEERING MEM~RANDUM 09-60 TO: Board of County Commissioners FROM: Michael Powley, County Engineer t~l,~ ~ DATE: February 27, 2009 SUBJECT: Queens Island Preserve FDOT Policy Change Queens Island Preserve is a 16-lot subdivision on North Hutchinson Isiand. it is situated on bath sides of SR A-1-A. Stormwater is collected and routed to a dry detention facility on the west side of SR A-1-A via a pipe crossing the state roadway. After receiving development approval by St. Lucie County, the developer applied for a Florida Department of Transportation (FDOT) right-of-way permit to construct the required pipe crossing. The State's process is similar to the County's in that a bond is posted for all of the construction value, and a maintenance period (and bond) are required at completion of the improvements. The state goes a step further in that they also require funds, to be held in perpetuity, to cover the maintenance of the pipe. The State has now indicated that they are changing this process. They no longer intend to allow private parties to construct private facilities within their rights-of-way. FDOT has indicated that the entity approving the development (in this case, St. Lucie County) must be the applicant on permits for private facilities in their rights-of-way. This is a significant change and would apply to all State roadways. The consequences of this change to St. Lucie County are significant particularly as it relates to long-term maintenance responsibilities. While the discussion between FDOT and the County ensued, the Queens Island Preserve got caught up in the proposed change. After many conversations, we were able to convince FDOT that Queens Island Preserve should be allowed to follow the old process. However, the developer found he was not able to secure the required bond due to the unique economic times we find ourselves in. The applicant has requested the County apply for the permit, although the County would also require a bond. However, the applicant could also locate stormwater on both sides of SR A-1-A and avoid having to install the pipe. It is staff's request that the Board weigh in with their thoughts and concerns. Staff is presently developing a consensus and crafting aur recommendations for presentation to the Board in a formal mseting at a later date. cc: Faye W. Outlaw, County Administrator Daniel Mclntyre, County Attorney ~ Ann Lowery, Assistant County Administrator Don West, Public Works Director Mark Satterlee, Growth Management Director 11~r R o b i n M e y e r, A s s i s t a n t G r o w t h Management Director I~~ 4 it;;; John Frank, Sr. Project Engineer r':~~' I~; i - r~ ~ ~ Ron Harris, County Surveyor , , ~ ~ _ h(, -r~:,,; ~ - ~ = - , • ~ , ~ B~CC Special Informal Meeting March 3, 2009 10:00 AM to 12:00 PM ~ • ; ~ ~ . . Green Collar Task Force 1 ~ • ^ Partnership Concept . . •A consortium, composed of the union trades, Treasure Coast Builders Association and St. Lucie County • Partnership focus is job training and apprenticeship. : • The curriculum will include training in green technologies. = _ ~ ~ ~ nry Proposed County * • ~ ~ ~ Contribution • 10,000 sq.ft. at the Logistics Center • Design and permitting for training area • Housing rehab jobs and other County housing programs; Neighborhood Stabilization Program • Coordination of permits for build-out of training area • Program liaison Needs Board direction 2 ~ - ~ = = - Proposed Consortium ~ ~ ~ ~ ~ ` Contribution •Materials and labor for the space build out •Maintenance and utilities for training area •Slots for County employees in program •In-kind labor for County in-house projects •Program oversight, teachers and curriculum Needs Board direction ~ - ; - Logistics Center . ~ , ~ ~ ~ ~ ~ Space Allocation Plan • Approximately 18,000 square feet for St. Lucie County Health Department - Offices for the School Nurses Program - The Environmental Division - Classrooms - The free clinic , ~ ~ = ~ = = Logistics Center i• ~ ~ ~ ~ ~ - Space Allocation Plan • Plans are in progress. Work expected to be done by end of year. • SLC Employee Clinic (Staff recommending change in initial proposal) ~ _ ~j , • ~ New Recommendation . ~ •Locate SLC Employee Clinic in Fire District Rhode Island Complex •Approximately 3,000 square feet •Need Board direction to pursue with the Fire District 4 S ~ J ~ . . Procurement - Proposed Local Sti m u I us I n itiatives _ . Types of Procurements . . 1. Quotes: • Quotes are used for purchases of items or services. - Informal Quotes - $5,000 to $14,999. Handled over phone or in writing - Formal Quotes - $15,000 to $49,999. Must request from at least 3 vendors Handled in writing 5 ~ = ~ _ • ~ Types of Procurements . . 2. Requests for Proposals (RFP): • Competitive sealed proposals. Both the proposed goods/services and the price are subject to negotiation. • Proposals are evaluated by a panel. • Award based on the proposal most advantageous to the County considering price and other evaluation criteria. • Example: Residential Solid Waste Collection Services ; :a ~ , i ~ _ "~a • * , ~ Types of Procurements 3. Request for Qualifications (RFQ): • Proposals are based on qualifications. • Proposals are evaluated by a panel. • Award based on the proposal deemed most qualified per evaluation criteria. • New evaluation criteria approved by the Board December 9, 2008. • Example: Intermodal Transfer Facility- Architectura/ Design ; 6 ~ ~ - ~~""~j~ Types of Procurements . . . 4. Bids: ~ Competitive sealed bids. Flat price or fixed u n it costs. • Bids are submitted sealed. Opened in public at a predetermined time. • Award based in the lowest bid. • Example: Phase 11-Security Access System Installation . ~ ~ - ~ - ~ Local Stimulus Initiatives . . Local Preference: • Local Preference Ordinance (Proposed) - Version A- Local vendors shall be given preference if their bid is within 5% of the lowest non-local bidder. - Version B- If a non-local vendor submits the lowest bid and the local vendor is within 5% of the lowest bid, then the local vendor shall have the opportunity to match the price of the lowest bidder. ~ . ~ ~ ~ - 4~ Local Stimulus Initiatives . . • Local Economic Emergency Ordinance (Proposed): ' - Contractor must use at least 75% local laborers, local subcontractors, and material suppliers - If a local firm's bid is within 5% of the low bid and includes more than 75% local laborers and ' _ subcontractors, the local firm is eligible to match the low bid and get the contract - If bids or quotes are identical, the contractor with the highest percentage of local laborers and ' subcontractors gets the contract. ~ : i ~ ~ ' ' - Local Stimulus Initiatives . . • All materials & supplies must be purchased locally (clarification) • Option to waive bid/proposal process - If there is a contractor who is uniquely qualified to do a project ' - Time sensitive, material cost increase or ' undue hardship g . ~ Board Direction . . Local Preference: • Limit to St. Lucie County only or regional? • Version A, Version B or Other? • Reciprocity . ~ ' - Board Direction . . Local Economic Emergency: • Limit to St. Lucie County only or regional? • Percent of local laborers - 75% or ? • Residency requirement - 1 year or longer? • Reciprocity • Procurement types? ~ Next Step ' 9 ~ - ~ = . . . . Federal Stimulus Funding a 'F '4 f ~ I J _ ~ ~ • ? Questions & Answers lo Outstanding Bid/RFP/RFQ List 2009.x1s De artment ' Pro'ect Action Bid/RFP/RFQ'' Bids/RFP/RFQ's that have already been out, received and opened but not awarded. Phase II: Security Access System B~d opened 1/28/09; 2 bids received. Airport Recommendation for award to be placed on Bid 09-001 Installation the 3/10/09 a enda. This is a FAA/FDOT Bid opened 1/28/09; 8 bids received. Waterproofing of Various County Recommendation to reject and re-bid to be Bid #09-015 Central Services guildings placed on future agenda. RFP closed 12/10/08, selection committee has evaluated and ranked the proposals. RFP #09-009 GrantslErosion Lobbyist Services Recommendation for award to be placed on 3/17/09 agenda. Solid Waste Radio Advertising RFP closed 1/21/09; 3 proposals received. RFP #09-016 Residential Solid Waste Collection RFP closed 1/21/09; 4 proposals received. RFP #09-020 Solid Waste Services RFQ closed 1/21/09, 18 proposals received; Kings Highway & Angle Road waiting for list of selection committee RFQ #09-005 Engineering Intersection Improvements members from Mike Powley. This is the second time this RFQ has been out. Intermodal Transfer Facility - RFQ closed 2/25/09; 18 ro osals received. RFQ #09-019 Community Services Architectural Design p P Page 1 of 3 Outstanding Bid/RFP/RFQ List 2009.xis ~ D~ artment Pra'ect Action ' 6id/RFR/RFQ Bids/RFP/RFQ's that have not been advertised and are pending direction from Administration Departrnent i 'Project , Action, Bid/RFP/RFQ. Road & Bridge Concrete, Culvert & Asphalt Existing contract expires 3/31/09 Bid Installation - Continuing Contract Information Tech Data & Phone Wiring - Continuing On hold pending direction from Administration Bid Contract Road & Bridge Purchase of Asphalt Existing contract expires 5/22/09 Bid Mosquito Control Purchase & Annual Maintenance of Existing contract expires 4/11/09 Bid Electric Lift Pumps Purchasing Purchase of Chemicals Existing contract expires 6/06/09 Bid ~ Communit Services Residential A praisal Services On hold endin direction from Administration RFP #09-023 " Community Services Residential Real Estate Title On hold pending direction from Administration RFP #09-025 Services ~ Community Services Pre-Qualify Building Construction On hold pending direction from Administration RFP - Contractors - Housin Community Services Housing Inspectors - Rehabilitation On hold pending direction from Administration RFP Projects ~ Community Services HUD Homebuyer Education & On hold pending direction from Administration RFP Housing Counseling ~ Community Services Consultant - Small City CDBG On hold pending direction from Administration RFP Pro ram : OMB Financial Advisor On hold pending direction from Administration RFP z Central Services Architectural Services - Jail Medical On hold pending direction from Administration RFQ Win 5 ~ Central Services General Architectural Services Needs approval for permission to Advertise RFQ Growth Management Traffic Engineering & Was supposed to re-advertise 2/1/09 but was RFQ #09-022 Transportation Planning Services put on hold Growth Management Evaluation & Appraisal Based Was supposed to re-advertise 2/1/09 but was RFQ #09-024 Com rehensive Plan Amendments ut on hold Growth Mana ement Neighborhood Charrette Services Has not been re-advertised RFQ Department prepared an agenda for Engineering Roadway & Intersection Design permission to advertise on 1/20/09 but was RFQ pulled by Administration ' Stormwater Management - Department prepared an agenda for = Engineering Continuing Contract permission to advertise on 1/20/09 but was RFQ ~ pulled by Administration r' Department prepared an agenda for Engineering Bridge Evaluation & Design permission to advertise on 1/20/09 but was RFQ ~ pulled by Administration 'r Department prepared an agenda for Engineering Construction Management permission to advertise on 1/20/09 but was RFQ pulled by Administration Page 2 of 3 Outstanding Bid/RFPIRFQ List 2009.x1s Pro'ect ' Action BidIRFP/RFQ': De ` artment Engineering Surveying Services On hold pending direction from Administration RFQ Department prepared an agenda for Geotechnical Engineering & permission to advertise on 1/20/09 but was RFQ Engineering Construction Materials Testing pulled by Administration Purchasing Pre-Qualify Fencing Contractors Existing contract expires 6/19/09 RFQ Signal System Enhancement On hold pending direction from Administration RFQ #09-021 Road & Bridge Master Plan Utilities Utilities Engineering On hold pending direction from Administration RFQ Page 3 of 3 ~ Federal Stim ' ulus Fund~n g ?$6 Billion (National Allocation) for Transit. (Port St. Lucie Urbanized Area will receive $3.1 million. ? 1.3 Billion (State Allocation) for Highways and Bridges. ; St. Lucie County will receive $2 million for Juanita Avenue Bridge. FDOT may allocate some of these funds for widening of SR 70. ~ ~ ?$50 million (State Allocation) for Airport Improvements. .1 ~ a ?$134 million (State Allocation) to enhance DEP's Wastewater ~ Revolving Loan Program. , ~ ?$88.7 Million (State Allocation) to enhance DEP's Drinking Water ~ { Revolving Loan Program. ~ , ~ ; ?$14 million (State Allocation for Non-Entitlement Counties) for Energy Efficiency and Conservation Block Grants. ; ~ ?$13.2 million (State Allocation) for DEP grants to local governments to _ reduce diesel emissions and enhance petroleum tank cleanup program. : ; ? $111.4 million (State Allocation) for Weatherization. ~ i i ?$7.7 million (State Allocation) for CDBG grants. ~ ; f ?$29.1 million (State Allocation) for CSBG grants for supportive services ~ ~ and activities to assist low-income individuals and families to become self-sufficient . Department of Community Affairs indicates St. Lucie ; County should receive at least $152,800. . ~ ~ ~ , ~ ~~.R ~ ORDINANCE NO. 09-~05A AN ORDINANCE AMENDING CHAPTER 1-2 "ADMINISTRATION" OF THE CO~E OF ORDINANCES OF ST. LUCTE COUNTY, FLORIDA; AMENDING SECTION i-2- 28 "CREATION OF PURCHASING DEPARTMENT; HEA~E~ BY PURCHASIN6 AGENT" AND SECTION 1-2-29 "PURCHASING ~ DEPARTMENT POWERS, ~UTIES AND FUNCTIONS" TO ! PROVI~E FOR A PURCHASING DIVISION HEAOED BY THE MANAGEMENT AND BUD6ET' DIRECTOR; CREATING ; SECTION 1-2-51 T4 INCLUOE A(.OCAl. PREFERENCE POI.ICY AND PROCEDURE FOR l.OCAL BUSINESSES iN COUNTY CONTRACTS; PR01/IDING FOR ~ FILING, CODIFICATION, A~OPTION AND AN EFFECTIVE DATE WHEREAS, on September 24,1985, the Board of County Commissioners For St. l,ucie County, (the "Board") adopted Ordinance No. 85-06 which created a purchasing department and established the purchctsing regulations and procedures for St. Lucie County, Flarida, as set forth in the St. Lucie County Manual of Purehasing Regulations and Procedures (the "Purehasing Manunl"); and WHEREAS, the Board of County Commissioners desires to amend the Ordinance to conform the organizational structure af the purchasing division to the receni' reorganization approved by the Board;: and WHEREAS, the Board of County Commissioners desires to amend the purchas+ng policy to include a lacal preference poficy and procedure far locai businesses; and WHEREAS, St. Lucie County is home to many grent locaf ly owned companies, large and ~ small, nnd these locaf companies employ many local citizens; and WHEREAS, diversification and expansion of the Caunty's economy is essential to its economic and fiscal stability; and WHEREAS, numerous other local governments in Floridu offer their local firms similar 1oca1 preferences, limiting opportunities for St. Lucie Caunty local businesses; cend WHEREAS, in an effort ta provide a positive impact on our local economy and expand the capabilities and capacities of our (ocal companies, the Bourd of Couniy Commissioners Underlined passages are added. 1 "-"~-'''~.~-~agh passages are deleted. A ,1 v I ciesires to provide locnily owned and operated companies prefierence in the purchasing policy system within St. Lucie County Government; and WHEREAS, County government and county residents will benefit from local business retention as these companies pcty local real estate taxes and are more likely to emplay local ~ residents who live in our Counfiy and spend in our local economy; and WHEREAS, local businesses contribufie to the local tax base and reinvest their dallars back to local cammunities through jobs and the support af locnl nat-for-profit organizntions; and WHEREAS, the Board f eels this is an important public policy fio show loyalty und respect to the owners and employees of local companies; nnd WHEREAS, it is the Board's intent to promote the expansion of St. Lucie County's local business capabilities and capQCity. ~ ~ NOW, THERE~ORE, SE IT ORDATNED by the Board of County Commissioners of St. Lucie County, Florida: ARTICl.E N. PURCHASIN6 DI1/ISION 1. 6ENERAl.LY . PART A. SECTIONS i-2-28 AND 1-2-29 OF ARTICl.E TV "PURCHASING" ARE HEREBY AMEN~ED AS FOLLOWS: - Section 1-2-28. Creation of purchasing depar°I•tnen~ division; headed by pttr~cl~esit?g agctr~ mana~ement and budge# director. There shall be a caunty department known as the purchasing ~le}~st~tert~ division which shal) be headed by the pa~e~as~g-e~ger~ management and budget director. Section 1-2-29. Purchasing depat-#ment division powers, duties and functions. The purchasing ~~t~rerr-~ division shal! have the following powers, duties ar?d f unc#ions pertaining to fihe purchasing or procurement of af) supplies, materials and services: {1) Ta canvass all sources of supply and contract for the purchasing or acquisition of ali supplies ar services required by all county departments, divisions, and agencies, under ' competitive bidding or by contractual negotiation; Underfined passages are odded. 2 ~-;,'-,reagh pnssages are deleted. (2) To p~a;~ Gnd c~ordinat2 purchases ir, voluma and to coordinate purrh~sing agreements and contracts fram which all county dep~rtments as described in the first paragraph shall receive supplies, materials and services; {3} To implement the procedur.es 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 stnndards and specifications for any commodity; and to set fair prices that may be paid for ctny commodity; . (6) To furnish copies of any purehasing regulation to all county departments; (7} To require that every department and office furnish information reiative to a proposed purchase to the Management and Budget Oirector; To arrQnge for a disposa! of surplus materinls nnd equipment for public sale; (9) To act as agent for the elerk, sheriff, tax collector,. property appraiser or supervisar of eleetions from time to time upon request:o# such officer or officers. DIVISION 4. LOCAI. PREFERENCE ~ PART 6. SECTZON 1-2-51 "PROCE~URES TO PROV2DE PREFERENC~ TO l~OCAi. 6USINESSES IN COUNTY COt~lTRACTS" AND "~IVISION 4 l.OCAL PREFERENCE" IN ARTICLE IV "PURCHASING" OF CHAPTER 1-2 "ADMINISTRATION" IS CR~ATED AS FOLLOWS: Section 1-2-51 PROCEDURE5 TO PROVIDE PREFERENCE TO LOCAL BUSINESSES TN COUNTY CONTRACTS . Except where otherwise provided bv federal ar state law or other fundinQ source restrictions ar as otherwise set forth in the purchasing policy purchases of commodities and non~rofessional services shat{ aive preference to Iocal businesses in the followin~ manner: ~a~ "Local Business" defined: Underlined passages are added. 3 ~t~ae4e#~x~tgFr passages are deleted. • r 4r i i "Local business" means the vendor has a valid occupationai license issued by 5-t. ~ Lucie Count~at lenst on ~ear ~rior to bid or proposal submission to do business within St. Lucie r County that authorizes the business ta~rovide the commodities or services to be purchased. ~ and a physical business address located within the limits of St. l.ucie County fram which the I vendor operates or performs business Post Office Bvxes are not verifiable and shall not be ~ used for the ~urnose of establishing said~hysicai address. In addition to the fareaoinA, a i vendor shal) not be considered a"tocal business" unless it con#ributes to the economic ' deveEopment anc! well-being of St Lucie Count~in a verifiable and measurable wav. This mav include but not be (imited to the retention and expansion of emploXmen# opportunities, the support and incrense to the County's tax base and residency of employees and principals of the business wifihin St Lucie Count~ Vendors shall affirm in writing their compliance with the ~orego'ina at #he time of submittina their bid or praposal to be efiqible for consideration as a "local business" under this section A vendor who misrepresents the Local Prefierence status ~ its firm in n prop~sal or bid submitted to the Coun#y will lose the privileae ta claim Local Preference status for a_period of u_p to two yeurs and shall be disqualified from the bid or ro osal. ~b,~ "Non-local business" means a 6idder or proposer which is no# a loca! business. ~ Preferenceinpurchaseofcommoditiesandservicesbymeansofcomaetitivebrd or other submittals and competrtive ne4vtiation and se%ction Under anv such applicnbEe solicitation bidders desiring., ta receive local preference will be invited and reauired to affirmativel~state and provide documentation as set forth in the solicitation in support of their status as a local business Any bidder who fails to sutimifi Sufficient documentafiian with their bicl offer shall not be grantecl local preference cansiderat'ron for fihe puraoses of that specific contract auvard Excep# where federal or state law or any other fundin4 source, manda#es fio the contrar~5t Lucie Gountv and its agencies and insfirumentalities will aive areference to , iocal businesses in the following manner: • i ~ . : 1. Competitive bid Each formaf competitive bid solicit~tion (i.e. seaied bids~ ' sha11 clenrl identif how the rice order of the bids received will be evaluated and determined. All Iocal persons firms and cor~orations shall be given a preference in the amount of five percent (5%) of their total bid or Quotation~rice for the purposes of tabulcttion and comparison, In such instances staff shull f~rst verif.~ if the lowest non-focal bidder and the lowest local bidder are in act ualified and res onsive bidders. Next the Purchasin Divis+on shall determine if the lowest local bidder meets the requirements of Section 287:087. Florida ~ Statutes Tf the lowest local bidder does not meet the requirement of Section 287.087, Flori.da 5tatutes and the lowest nan-focal b+dder does awurd will be made to the bidder that meets the requirements of the referenced state (aw. Underlined pnssages are added. 4 ~ek~i~k~eag~t passages are deleted, > ~ ~ Waiver of the apaljcatron af loc~l preference The appficntion af Local Preference to a particular~urchase or contract for which fihe 8oard of Countv Commissioners is the awardinq authorit~ maKbe waived upon a~proval of the Board of Counfiv Commissioners. Comparison of r~ualifrcations The preferences established herein in no wav prohibit the right of the Board of Countv Commissioners to compare Qualitv of materials ~ ~roposed for purchase and compare ~ualifications chnracter responsibilitv and fitness of all persons firms or corporations submittinq bids or proposals Further the preferences established herein in no wa~prohibit #he riaht of the board from giving any further preference i permi#ted b.~r law instead af the preferences granted herein. ~ Reciprocrtv In the event anv other Florida county or municipalitY ("iocal ~avernment") deemed anpro~riate b~ the St 4ucie Count~ Board af Countv Gommissioners. ~ extends ~references to Iocal businesses St. Lucie County mny enter into an interlocal_ ~reet~ent with such loca~overnment wherein the preferences of this section mav be exfiendec! ' and mnde avai lable to vendors that have a valid occupational license issued bv that specific local government to do business in that loca~overnment that authorizes #he vendor to vrovide the commodities and services fio be purchased and a physical business address located wi~hin the limits of that local aovernment Post Off ice Baxes are not verifiable and sha1) not be used for the purpose of establishing said physical address In addition to the foreaaina, a vendor shnll not be cansidered a"iocal business" unless it canfiributes to the economic deuelopment and well- bein~of the said local governmenf whichever is applicable in a verifiable and measurnble wav. This may include but not be limited to the refiention and expansion of emvlovment o~portunities the s~,pport and increctse to St Lucie County's tax base, and residencv of em~lo~ees and princ~als of the business within St Lucie County Vendors shall affirm in writina their complinnce with the fore~oina at the time of submitfiing their bid or proposal ta be eliQible for considera#ion as a"local business" under this section In no event shal) the amount of the preference accorded other focal aovernment f irms exceed the amoun# of preference_that such local government extends to St Lucie County firms competing for its contracts. ~ Purview and administration of this po/icy This policy shall apply fio all departments and units under the dire~t purview of the Board of CountX Commissioners. The Management and 8udget Department shall be responsible for developina, imqlementina and maintaining administrative procedures in support af fihis policv. ~ ~ Su6sequent Review and Sunset Provision Pursuant to fihe adoptina resoiution, ~ this local preference section is beinct added to the ~urchasing policy in support of the local ~ economy during_difficult economic times in St. Lucie Coun#y. On or aboufi one Xear after the ~ first bid under this policX is awarded the Manaaement and Budget Department will provide the ~ Board with an u~date of the results and im~ac#s to date of this locnl preference policv. Within ~ j Underlined pnssages are added. ~J b~ek-$krattqh passages are deleted. i I i i I ' two years of the ef fecfiive date the Board snali receive a similor report from the Management i and Budget Department and shall determine whether to continue or modifv this policy Shauld I the Board nafi elect to continue the lacal preference policy it wil) expire at that time Nofihing ~ in this section shall prevent the Board from taking action sooner to revise or remove this (ocal f preference ~,olicv. ~ f ji~ Limitations. i . ~ ~ The provisions of this Ordinance shall apply only to procurements which. ' are above the formal bid threshold as sefi forth in the Sfi. l.ucie County Purchasing Manua! ~ I ~ The provisions of this Ordinance shal( not apply where prohibited b~ I federal or Florida law or where prohibited under the conditions af an~qrant. ~ ; L3,~ The provisions of this Ordinance shail not npply to any purchase exempted from the provisions of the St. Lucie Countv Purchasina Manual. ~ ; ~ The provisions of this Ordinance shall not apply to contracts m4de under i fihe Consultqnts Competitive Negotiation Act (CCNA?~ Section 287.055. Florida Statutes. ' i j5~ The~rovisions of this Ordinance shaU not be 4~plied to an~pracurement where the Ioca! nature of a business has been addressed through the scoring criteria. ; j j~ Incorporation into f'urchasinq Manual. Upon adoption, the provisions of the focal preference policv and procedures shall be incorporated into the Purchnsing~Manual. PART C. FILING WITH THE DEPARTMENT OF STATE. • The Clerk be ctnd is hereby directed forthwith to send a certified capy of this ordinance to the Bureau af Administrative Code and l.aws, Departmentofi Sfiate, The Cupi#o{, Tailahassee, Florida 32304. ~ ' PART D. EFFEC7TVE DATE. This ordinance shal! take effect upon filing with the Department af Si-ate. PART E. ADOPTION. After motion and second, the vote on this ordinance was as follows: Underlined passages are odded. 6 6#rtiek-#~a~k pussages are deleted, . ~ Puula A, Ge.vis, Chairmur XXX Charles Grande, Vice Chair XXX Commissioner Chris Crdit XXX Cammissioner .Dvug Coward XXX Commissioner Chris Dzadovsky XXX PART F. CODIFICATION. Provisions of this ordinance shnll be incorporated in the St. Lucie County Code and Compiled Laws, and the word "ardinance" may be chang.ed to "section", "article", ar other appropriate word, nnd the sections of this ordinance may be renumbered or relettereci to accomplish such intention; provided, hawever, thaf parts B through H shall not be todified. PASSE~ AND DULY ADOPTED this day af , 2009: i i ~ BonRa oF couNTY coMMlsszoNE~s i ATTEST: ST. LUCTE COUNTY, Fl.4RIDA ~ . i BY: Deputy Clerk Chairman APPROVED A5 TO FORM AN~ . CORRECTNE55; Bv: Counfiy Attarney Underlined passages are added. 7 y-rnroQgh passages are deleted. t ~ ~ ~ ~ I ORDINANC~ NO. 0$-00058 ~ ; . ~ . AN ORDINANCE AMENOING CHAPTER 1-Z ~ "ADMINISTRATION"' OF THE CODE .OF ORDINANCES OF ST, LVGZE C~UNTY, Fl.ORTDA; AMEN~TNG SECTION 1-2- 28 "CREATION OF PURCHASING DEPARTMENT; HEADED BY PURCHASING AGENT" AND SECTION 1-2-29 "PURCHASING ° DEPARTMENT POWERS, DUTIES AND FUNCTIONS° TO RROVIDE FOR A PURCHASSN6 DIVISION HEADED BY THE MANAGEMENT AND BUDGET DIREGTOR; CREATING SECTION 1-2-51 TD INCI,UDE A LOCAL PREFERENCE POI,.ICY AND PROCEDURE FOR LOGAL BUSINESSES IN COUNIy CONTRACTS; PROVIDING FOR FILTNG, CODIFICAIZON, ADOPTION AND AN EFFECTIVE DATE . WHEREAS, on September 24,1985, the Board of County Commissioners For St. Lucie ~I County, (the "Board") adopted Ordinance No. 85-06 which created a purchasing department and . ; estt~blished the purchasing regulations anc{ procedures for St. Lucie County, FVorida, as set ~ #orth in the St. Lucie County Manual of Purchasing Regulations and Procedures (the "Purchasing ' Manual"); and . WHEREAS, #he Baard of Counfiy Commissioners desires fio amend the Ordinance to _ . conform the organizationa) structure of the purchnsing division to the recent re~rganization approved by the Board; and ~ WHEREAS, the Board of County Commissioners desires to amend the purchasing policy ta include a Iocal preference policy and procedure for local businesses; and WHEREAS, St. Lucie Couniy is home fio many greafi locally owned companies, (arge and small, and these lacal campanies employ mnny local citizens; and WHEREAS, diversification and expansion of the County's economy is essenfiial to its economic and fiscal stability; and WHEREAS, numerous other (ocal governments in Florida offer their local fiirms similar local preferences, limiting oppartunities for St. Lucie Couni'y local businesses; nnd WHEREAS, in an effort to provide a positive impact on our local economy and expand the capabiiifiies and capacities of our local campanies, the Board of County Commissioners Underlined pnssnges are added. 1 ~ek~k+°e~gh passages are de{eted. - 1 uzs~res to provi~e loc~l~y awned and o~,erated ccmNanie~ preferenc~ ;n the purcha~ing pa!icy system within 51'. Lucie County Government; and WHEREAS, Caunty government and county residents wili benefit from local business retention as these companies pay local reai estai'e taxes and are more likely to employ loca) residents who live in our County and spend in our local economy; and WHEREAS, Ioca1 businesses contribute to the Ioca) tax base and reinvest their dollars back ta local communities through jobs and the support of lacal noi'-for-profi# organizations; and WWEREAS, the 8oard feels this is an impartant public policy to show loyalty and respect to the owners and employees of local campanies; and WHEREAS, it is the Board`s intent to promote the expansion of St. Lucie County's local business capabilities and capacity. NOW, THEREFORE, BE TT ORDAINED by the Board of County Commissioners af 5t. Lucie Caunty, Florida: ARTICl.E TV. PURCMASING . . DIVTSION 1. GENERAU.Y ~ PART A. SECTIONS 1-2-28 AND 1-2-29 ~F ARTICI.E IV "PURCHASI3VG" ARE HEREBY AMENDED AS FOLLOWS; Section 1-2-28. Crention of purchnsing depat~#mcn# division; headed by parchasing cgert~ mana4ement nnd budget direci~o~. < There shall be a county department known as the purchasing e{e~~ division which shalf be headed by the pa~el~+r+g-c~gerr~ mana~ement and budqet director, 5ection 1-2-29. Purchasing deperl~mtn~ clivision powers, duties nnd functions. si division shaf) hnve the followin owers, duties and functions I The purcha ng d-e~~ 9 p pertaining to the purchasing or procurement af all supplies, materials and services (1} To canvass all sources of supply and contract far the purchasing or acquisition of al) supplies or services required by al1 county departments, divisions, and agencies, under competitive bidding or by contractual negotiation: Underlined passages are odded. 2 ~raek-#~eagh passages are deleted. I I _ ~ j~ . i ~ (2) Ta plan and coordinate purchases in valume and fio coordinafie purchasing ~ agreements and cantracts from which af) county departments as described in the first paragraph shail receive supplies, materials and services: ~ i bids or ne otiatin and awardin I (3) To implemenfi the procedures for secur ng g g g 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 spec+fications for any commodi~ty; and to set fair prices that may be paid for any commodity; ~ ~ (6} To furnish copies of any purchasing regulation to ail coun-ty departments; ~ i (7) To require that every department and office furnish information relafiive to a ; proposed purchase to the Management and Budget Director; (8) To arrnnge far a disposal of surplus materials and equipment for public sale; ~ (9) To act as agent for the clerk, sheriff, tax. collector, praperty appraiser or . supervisor af elections from time to time upon request o~ such ofificer or officers. ' DIVISION 4. LOCAL PREFERENCE PART B. SECTION 1-2-51 "PROCEDURES TO PROVIDE PREFERENCE TO LOCAL ~ BUSINESSES IN COUNTY CONTRACTS" AND "DIVISION 4 LOCAL PRE~ERENCE" IN ARTICi.E IV "PURCHASING" OF° CHAPTER 1-2 "ADMINISTRATTON" IS CREATEO AS F0l.l..OWS: Section 1-2-51 PROC~DURES TO PROVIDE PREFERENCE TO LOCAI. BUSINESSES IN COUNTY CONTRACTS Except where otherwise ~provided b~ federal or state (aw or other fundinQ source restrictions or as otherwise set forth +n the~urchasing policy purchases of commodifiies and nonprofessionaf services shai~ive preference to local businesses in the followina manner: ~ "Locai 8usiness" def ined: Underlined passages are added, 3 -~~gh pnssages are deleted. { I "Gocai business" means fhe vendor has a vaiid occupation~l license issued bv St. Lucie Coun~ at leasfi one~ear ~rior to bid or proposal submission to do business within St. Lucie County that aufihorizes the business fio provide the commodities or services to be purchased nnd Q phxsical business address located wifihin the limits of St Lucie Countv from which #he vendor o erates or erforms business: Post Office Boxes are not verif.iable and shall nofi be used for the~urpose of establishinc~sqid ~hvsical address In addi#ion ta the foreqoina• a vendor shal4 nat be considered a"loca! business" unless the Board determines it contribu#es to the economic development dnd well beingof St Lucie County in a verifiable and measurable wav. This ma~ include but not be limited to the retent'ron und expansion of embloYment opportunities the su~port and increase to the Caunty's tax base and residencv of employees and principc~ls of the business within 5t Lucie County Vendors shnll affirm in writinq their compliance with the foreaoin~c at the time of submitting their bid or proposal -to be elictible for consideration as a"local business" under this section and include a copy of their occu~ationa) license with their bid A vendor wha misre~resents the Loca) Preference sfiatus of its firm__in ' ~roposal or bid submitted to the Gount~will lose the privileae to clam l.oca! Preference status ~ f or a period of up to two years and shall be disqualified fram the bid or proposai. - ; ~ "Non local business" means a bidder or R,roposer which is nofi a lacnl business. ~ Preferencein,ourchaseofcommoditiesandservicesbYmearrsofcompetitivebid, reQuest for,~,roa_, osals ~ualifications or other submittals and competrtive neaotiation and se%ction Under any such doalicable solicitution bidders/proposers desirina ta receive lacn) _ ~reference wi ll be invited and reguired to affirmatively state and provide documen#ation ds sefi. forth in the solicitation in support of their status ns a local business Anv bidder/p~oposer who fails to submit sufficient documentation wi1'h their bid/proposal offer shnll nat be aranted 1oc41 preference consideration for the purposes of'that s~ecific contract award. Except where federa! or state law or an~other fundinc~souree mandates to the contrarv, St. Lucie Countv and its agencies and instrumentalities wifl qive pre~erence to local businesses in the followina • manner: 1. Competitive bid tlocal price match optionl Each formal campetitive bid , solicitation (i e sealed bids) shull clearlv identify how the ~rice order of the bids received wiil be evaluated and determined When a quali~ied and responsive non-local business submits the lowest price bid and the bid submitfed ~ one or more qualified and responsive local businesses is within five percent of the priee submitted bv the non-local business then the lacal business with the a~parent lowest bid offer {i e~ the lowest local bidder} shall hcive the opportunii~ fio submit nn offer -to rr?ntch the price(s~ offered b~the overatl lowest •qualified and res~ons+ve ' bidder In such ins#ances sfiaff shall first verify if the lowest non-local bidder and the lowest local bidder are in fact Qualified dnd responsive bidders Nex# fihe Purchasina Division shall determine if fihe lowest {ocal b+dder meets the requirements of Section 287.087, Fforida Underlined passages are added. 4 ~e4~#hrernlFt passages are deleted, , .l . ~ i 1 i Statutes. If the lowest local bidder meets the requirements of 287.Q87, Flarida Statufies, the I Purchasing D'rvision shalf invite fihe lowest Iocnl bidder in writing to submit a matching offer to j the Purchasing Division which shall be su6mitted in writing to the Purchasing ~ivision within five i L) business days thereafter If the lowest local bidder submits a written offer that fully 1 matches the lowest bid from the lowest non-local bidder tendered previously. then award shctll ~ be made to the local bidder. If i'he Iowest local bidder declines or is unable to mntch the lowest ~ non-local bid price s~ then award will be made to the lowest overall qualified and respansive ~ i bidder If the lowest (ocal bidder does not meet the requirement of Section 287.087. Florida Statutes and the #owest non-local bidder does award will be made to the bidder that meets the requirements of the referenced state law. In the even# a Iocal bidder is awarded a ~ contract pursuan~t to this section all requests for change orders increasing the cost of the ~ pro jec# must be a~rovec! by the Board of Gaunty Commissioners. . ~ 1 ~ ~ Waiver of the a,~plication of /ocal preference, The applicatian of Lacal ~ Preference to u~4rfiiculur purchase or contract for which the Board of County Commissioners ~ ~ ? is the awarding authority m~ be waived u~on approval of the Baurd of County Commissianers. ~e,~ Comparison af qualifications The preferences established here+n in no way prohibit the riAht of the Board of County Commissioners fio compare auaiity of materials pro~osed fior~urchnse and compare gualificcc#ions charaeter, responsibiiity and fifiness of all persons firms or corparations submittin~ b+ds or ~roposa{s. ~urther, the preferences esfublished herein in no wa~~rohibit the riqht of the board from giving any further preference permitted by law instenc! of the~references granted herein. ~ Recrprocrty Tn the event an,y other Florida county or municipality ("local government"1 deemed a~propriate b~ the St Lucie County Board of Countv Gommissioners, extends preferences to {ocal businesses Sfi Lucie Gounty mQy enter into an in#eriocai aareement with such loeal government wherein the preferences of this section m~y be extended and made available #o vendors that have a valid occupational lieense issued by that specific local government to do business in that loca) ~overnment that authorizes the vendor to provide the ( commodities nnd services to be purchased and a~hvsical business address iocated within the ~ limifis of that loca) government Post Office Boxes are nat verifiable and shall not be used for the purpose of establishing said phKsieal address In addition to the foregoing, a vendor shall ; no# be considered a"local business" unless the Board determines it contributes to the economic development and well-being af the said local Qovernment whichever is applicable, +n averifiabfe and measurable way This may include but not be kimited to, the retentian and expansion of employment opporfiunities the su~port and incrense to St. Lucie Caunty's tax base, and residencX of em~loyees and ~principals of the business within St. Lucie County. Vendors shnll affirm in writinq their comuliance wi-th the foregoing at the time of submitting their bid or pro~asa( to be eiigible for consideration as a"local business" under this section. In no evertt Underlined passages are udded. ~J ~ek~raagh possoges are deleted. r e' shall t4~z amourt of thz_,.pref~rencG accar~ed other local governmenfi finms exceed the amount of preference thnt such lacal aovernment extends ta St Lucie County firms competina for its contracts. ~g,~ Purview and administrQfion of this ao/icY This poficy shall apulv to a11 de~artments and units under the direct~urview of the Board of County Commissioners. The Mana~,ement and Budge# Department shall be responsible for developina implementin~ ctnd mninfiaini~ng administrative procedures in suppo~t of this po(icv. ~h,~ Subseauent Review and Sunset Provision Pursuant to the adop-tina resolution, this local~reference section is beinc~added to the purchasing policy in support of the local econom~durinq difficult economic times in St Lucie County On or about one venr after the effective date the Manauement and Budget ~eparfiment will provide the Board with an update o~the results and im.pacts to date of this lacal pref erence policX Within two vears of the first b+d under this palicy is awarded the Board sha11 receive a simil4r report from the Manac~ement and Budget De~artment and shall defiermine whether to continue or modifv this nolicv. Shoulc! the Baard not elect to continue the local preference policy it will expire at that time. Nothina in this secfiion shall prevent the Board from takin~action sooner to revise or remove this~local ~,reference po(icv. ji~ Limitations. ~ ~ The ~rovisions of this Ordinance shal! apulv only to procurements which ' nre abave the formai bid threshold as set forth in the St Lutie County Purchasinct Manual. ~ The provisions of this Ordinance shall not applv where prohibited by f,ederai or Florida law or where t~rohibited under the conditions af nny grant. The provisions of this Ordinance shall nat app~ to any purchase exempted from the~rovisiot~s af fihe St Lucie County Purchasing Manual. ~ The urovisions of this Ordinance shall not~ply to cantracts made under the Consultants Com~etitive Negotiation Act (CCNA) Section 287.Q55~~lorida Statutes ~ The~rovisions of this Ordinance shall not be applied to any procurement where the local nature of a business has 6een add~essed 1-hrouqh the scorina criteria. ~ IncorporQtion inta PurchasinAManual Upon adaption the provisions of the (ocal preference poiicy and~,rocedures shail be incorporated into the Purchasina Manu41. Underlined passnges are added. f7 ~eagFr pnssages are deleted. '1 ~ • I ~ I ~ PART C. FIISNG WITH THE DEPARTMENT OF STATE. . i , The Clerk be and is hereby directed forthwith to send a certified copy of this ardinance ~ to the Bureau of Adminisfirative Code and Laws, Department of State, The Capitol, Tallahassee, ~ Florida 32304. ; ~ ~ PART EFFECTTVE DATE. ~ This ordinance shal! take effect upon filing with the Dep4r#ment of State. PART E. ADOPTION. i After motion and seconcE, the vote on this ordinance was as follaws: PQUla A. Lewis, Chairman XXX Charles Grande, Vice Chair XXX Commissioner Chris Crqft XXX Cammissioner poug Coward XXX . ~ Commissioner Chris Dzadovsky XXX PART F. CODIFICATION. ~ ~ Provisions af this ordinc~nce shall be incorporated in the St. Lucie Gounty Code and Compiied Laws, and the word "ardinance" may be changed to "section", "article°, or ofiher f appropriate word, nnd the sections of this ordinance may be renumbered or relettered to accompfish such intention; provided, however, thAt parts B through H shall not be codified. ; PASSED AND DULY ADOPTED this day of , 2009. ° BOARD O~ CQUNTY COMMTSSIONERS ATTEST: ST. l.UCIE COUNTY, FLORZDA BY: Deputy Clerk Chairman ~ APPROVED AS TO FORM AN~ ~ CORRECTNE55: . BY: Couniy Attorney ~ Underiined passages nre added. ~ ~#rtx4r#-hrcaghr passnges are delefied. r J 3~d DRAFT 2/25/09 ORDINANCE NO. 09-XXX AN ORDINANCE OF ST. LUCIE COUNTY, FLORIDA, DECLARING A STATE OF LOCAL EMERGENCY; PROVIDING FOR EMERGENCY PROJECTS CRITERIA FOR BID/PROPOSAL AWARD, WAIVER OF BIDS/PROPOSALS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the United Stntes of Americn, the State of Florida, and St. Lucie County nre now experiencing an economic downturn not experienced in the Iast 30-40 yeurs; and WHEREAS, individual citizens and families living in the United Stntes, Florida, and the County are experiencing negative effects from the economic downturn; nnd WHEREAS, becnuse of significant revenue decreases at the Stnte nnd local levels, jobs are being lost, homes nre being foreclosed, and services are being cut; and WHEREAS, St. Lucie County has one of the highest foreclosure rntes in the nation. In 2007, it had 4,945 homes in foreclosure. Indinn River County hnd 1,057 and Martin County hnd 750. In 2008, St. Lucie County hnd 9,571 homes in foreclosure; and WHEREAS, St. Lucie County has the highest local unemployment rnte in the Treasure Const region, increasing to 10.4 percent, up from 6.4 percent Inst year. Martin County has a7.8 percent rnte and Indinn River County has 9.5 percent rnte; and WHEREAS, the construction industry in St. Lucie County hns been hit especially hnrd with a net loss of 700 jobs in 2007 alone. The estimnted unemployment rate for the construction industry in St. Lucie County is percent; and WHEREAS, the United States Congress is working on a federal economic stimulus package to counter the effects of the economic downturn; nnd ' WHEREAS, the efforts at the federnl level are expected to tnke several months to implement; nnd WHEREAS, it is imperative thnt the County take immedinte steps at the locnl level to provide relief to County residents nnd to provide jobs in an effort to decrease the current St. Lucie County unemployment rate; and w WHEREAS, the County's procurement policies will be revised temporarily as stated herein; and, WHEREAS, it is the intent of this ordinnnce to accomplish the initintion and implementation of the described temporary programs to relieve the locol economic emergency to the greatest extent possible. NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1. Short title nnd recitnls. This ordinance shall be known as the Local Economic Emergency ordinance, and the above findings and recitals.are hereby ndopted by reference into this ordinance. Section 2. Declnration of Local Economic Emergency. The Board of County Commissioners of St. Lucie County, Florida, convened in regulnr session, hereby declares and orduins thnt n Local Economic Emergency exists within St. Lucie County, requiring immedinte measures to address the emergency before irreversible hnrm is done to the economic well being of the citizens of St. Lucie County. This ordinance is ndopted after public hearing pursuant to and in nccordance with Section 125.66, Florido Stntutes. Section 3. Emergency Projects. Effective 2009, the County Administrator is authorized to use the competitive bid or quote process provided for in state and local Inw for the following locnl capital projects: (INSERT PROJECT LIST) Section 4. Criteria for Bid/Proposnl Award. Except as provided for herein, the County Administrntor or designee, is authorized to solicit competitive bids or quotes from properly licensed contractors that agree to comply with the following criteria: use n minimum of 75% locnl laborers, materinl suppliers and subcontractors on the project: (n) In order to obtain an awnrd, the contrnctor must agree to use n minimum of 75% local laborers and local subcontractors on the project except when the contractor cnn demonstrate thnt local laborers are not available despite a good faith effort on the contractors pnrt to hire locnl Inborers and subcontractors. (b) Contractors that nre within 5% of the lowest bid or quote that will use more than 75% locnl laborers and subcontrnctors on the project are eligible to match the low bid/quote. (c) If bids or quotes are identical, the contrnctor with the highest percentage of local laborers and subcontractors shnll be nwnrded the bid/quote. (d) All materials nnd suppliers for the pro ject must be purchased from n local materinl supplier except when the contractor cnn demonstrate that local materials and supplies are not available. Section 5. Wniver of Bid/Proposat Process. The Board of County Commissioners may waive the competitive bid or quote process if the Bonrd determines that: (a) There is one nppropriately licensed contractor who is uniquely qunlified to undertnke the pro ject because thnt contractor is currently under contrnct to perform work that is affiliuted with the project; or (b) The time to competitively award the project will jeopardize the funding for the pro ject, or will materinlly incrense the cost of the pro ject or will create nn undue hardship on the public hec?Ith, safety, or welfare. Section 6. Definitions. For the purposes of this ordinnnce, the terms "local laborer" and "local materinl supplier and contractor" shnll mean: (a) "Locnl laborer" means a person residing in St. Lucie County at lenst in the year prior to Jnnuary 29, 2009 that provides labor services. (b) "Locnl material supplier or contractor" means the vendor has a valid occupationnl license issued by St. Lucie County at least one year prior to January 29, 2009 to bid or proposal submission to do business within St. Lucie County that outhorizes the business to provide the commodities or services to be purchnsed and a physical business address locnted within the limits of St. Lucie County from which the vendor operates or performs business. Post Office Boxes nre not verifiable nnd shnll not be used for the purpose of establishing said physical nddress. Section 7. Durntion of Local Economic Emergency. The LocQl Economic Emergency declared in this office shall continue to 2010. Prior to thnt dnte the Bonrd of County Commissioners will determine if the declaration of Local Economic Emergency should be ' ended. If the declaration is not ended, the Bonrd may extend the temporary progrnms initiated in this ordinnnce by resolution approved at a regular meeting. Section 8. Conflicts. All ordinances or pnrts of ordinunces in conflict with this ordinance are hereby repealed to the extend of such conflicts, as of the effective date of this ordinance. Section 9. Severability. If any portion of this ordinnnce is for any reason held or declnred to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinnnce. If this ordinnnce or any provision thereof shall be held to be ~ , inapplicable to nny person, property, or circumstance, such holding shall not nffect its applicability to any other person, property, or circumstnnce. Section 10. Applicnbility of Ordinance. This ordinanceshall be applicable throughout St. Lucie County. Section i l. 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 Administrntive Code nnd Laws, Depurtment of State, The Capitol, Tallahassee, Floridn 32304. Section 12. Effective Date. This ordinance shall take effect upon filing with the Department of State. . Section 13. Adoption. After motion nnd second, the vote on this ordinance wns as follows: ' Pnuln A. Lewis, Chair XXX Charles Grande, Vice Chnir XXX ~ Commissioner poug Coward XXX Commissioner Chris Craft XXX Commissioner Chris Dzndovsky XXX . Section 14. Codification. Provisions of this ordinnnce shall be incorpornted in the St. Lucie County Code and Compiled Lnws and the word "ordinance" mny be changed to "section", "nrticle", or other appropriate word, nnd the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that pnrts B through H shall not be codified. PASSED AND DULY ENACTED this XX day of XX, 2009. ~ BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNE55: BY: County Attorney ~