ORDINANCE NO Section 2C of Polk County Ordinance Number 06-24, as amended by Ordinance 08-63, is hereby amended to read:

Transcription

1 ORDINANCE NO AN ~... ORDINANCE AMENDING POLK COUNTY ORDINANCE AS AMENDED BY ORDINANCE , "THE POLK COUNTY PROCUREMENT ORDINANCE" > BY - AMENDING SECTION 2C. THE WOMENlMlNORlTY BUSINESS ENTERPRISE (W/MBE) PROGRAM. POLICY STATEMENT TO PROVIDE FOR A SHELTERED MARKET AND VENDOR PREFERENCE PROGRAM; PROVIDING FOR REEVALUATION; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF POLK COUNTY, FLORIDA THAT: 1. INTENT Section 2C of Polk County Ordinance Number 06-24, as amended by Ordinance 08-63, is hereby amended to read: C. WOMENIMINORITY BUSINESS ENTERPRISE (WIMBE) PROGRAM POLICY STATEMENT This policy statement of the WIMBE is hereby made a part of this Ordinance and is described as follows: It shall be the policy of the Polk County Board of County Commissioners that WIMBE participants shall have the maximum feasible opportunity to participate in the County's procurement process. The County's Purchasing Division shall do the following: 1. Ensure nondiscrimination in the administration of the County's procurement process; 2. Maintain a procurement environment in which WIMBE participants can compete fairly; 3. Prevent barriers that may obstruct WIMBE participation in the County's procurement activities; 4. Assist in the development of firms so they can compete successfully in the market place outside the W/MBE program; and 5. Implement the Vendor Preference and Sheltered Market programs as set forth below:

2 a. Intent and Pumose. It is the intent and purpose of these programs to encourage the utilization of women and minority owned businesses which have the benefit to the county of assisting the local economy with job formation while also adhering to the County's binding settlement agreement. b. Definitions. Vendor Preference: A program that allows for a local vendor or a WIMBE vendor to match the bid or quote of a non-local or non-wimbe vendor if that local or WlMBE vendor's bid or quote is within a pre-determined percentage as stated in the Vendor Preference Policy. Sheltered Market Program: A program which provides that selected procurement opportunities are designated, before solicitation, for competition between registered WlMBEs and local preference vendors only. Women or Minoritv Owned Entitv: Any business having at least 51% ownership by women or minority group members who independently control the management and day-to-day operations of the firm. Group members are Females, African Americans, Hispanic Americans, Asian-Pacific Americans, Native Americans, and Asian-Indian Americans. For purposes of this Amendment, women and minority owned entities shall be defined as those entities that have businesses in Hardee, Highlands, Hillsborough, Lake, Manatee, Okeechobee, Orange, Osceola, Pasco, Pinellas and Sumter Counties. c. Vendor Preference. The Vendor Preference Policy shall be implemented in the following manner: (i) When written quotations (less than $50,000.00) are received, and the lowest price is offered by a nonwomen or minority owned entity located outside of Polk County, and a price is offered by a women or minority owned entity that is within 5% of the lowest price offered, then the women or minority owned entity shall be given the opportunity to match the lowest price offered, and if agreement to match the lowest price is reached, the women or minority owned entity will be awarded the quote if the women or minority owned entity is otherwise fully qualified and meets all county requirements.

3 (ii) (iii) (iv) (v) When sealed bids are received that do not exceed $3,000, and the lowest price is offered by a non-women or minority owned entity located outside of Polk County, and a price is offered by a women or minority owned entity that is within 2% of the lowest price offered, then the women or minority owned entity shall be given the opportunity to match the lowest price offered, and if agreement to match the lowest price is reached, the women or minority owned entity will be awarded the bid if the women or minority owned entity is otherwise fully qualified and meets all county requirements. When sealed bids are received that are greater than $3,000, but do not exceed $5,000,000.00, and the lowest price is offered by a non-women or minority owned entity located outside of Polk County, and a price is offered by a women or minority owned entity that is within 1% of the lowest price offered, then the women or minority owned entity shall be given the opportunity to match the lowest price offered, and if agreement to match lowest price is reached, the women or minority owned entity will be awarded the bid if the women or minority owned entity if otherwise fully qualified and meets all county requirements. If a contract is being funded in whole or in part by assistance of any federal, state or local agency which disallows this form of preference, the County will adhere to those requirements by not applying this section. This policy in no way supersedes the Local Preference Policy. d. Sheltered Market. The Sheltered Market Policy shall be implemented in the following manner: (i) Where it is determined that there are at least three (3) WIMBE vendors that indicate they are willing and able to bid on a procurement opportunity then that solicitation will be deemed eligible for the Sheltered Market Program. (ii) The Sheltered Market Program will be utilized in all areas that the Board of County Commissioners (BoCC) solicits bids. Areas such as, but not limited to, the purchasing of goods, non-professional services, construction, and construction-related services are all

4 to be included. e. Implementation and Administration Implementation of both the Vendor Preference and Sheltered Market programs will take place as part of the daily responsibility of the County's Purchasing Division. Administration of the Vendor Preference and Sheltered Market programs and effectiveness will be the responsibility of the Office of Supplier Diversity (OSD). OSD will utilize the Purchasing Division, Information Technology Division, Budgeting and Accounts Payable Divisions, the Minority Business lnput Team (MBIT) and any and all other departments needed to insure the proper accounting and utilization of dollars and businesses in these programs for reporting purposes. f. Bid Selection The Minority Business lnput Team (MBIT) will serve as advisors to make the final determination of which bids should be eligible for the Sheltered Market Program based on the monthly report provided by Purchasing, showing monthly and year-to-date activity. The MBIT will provide input on an ongoing basis. g. Re-evaluation Period In order to ensure that the maximum possible positive outcomes are being reached in accordance with these programs, a re-evaluation period will be set for three years after the date of initial implementation. At this time it should be assessed whether the programs are reaching their intended goals and if the validity and need for these programs still exists. The evaluation report is to be done by the Office of Supplier Diversity who will make the recommendation to the County Manager to continue or discontinue the use of the Vendor Preference and Sheltered Market Programs with Polk County BoCC. If any portion of this ordinance is for any reason held unconstitutional or otherwise invalid by a court of competent jurisdiction, such portion shall be

5 deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this ordinance. Ill. EFFECTIVE DATE This ordinance shall become effective upon receipt of the official acknowledgement from the Office of the Secretary of the State of Florida that this ordinance has been filed with said office.

6 STATE OF FLORIDA) COUNTY OF POLK ) I Richard M. Weiss, Clerk of the Board of County Commissioners of Polk County, Florida hereby certify that the foregoing is a true and correct copy of Ordinance No adopted by the Board on Januay 20,2009. WITNESS my hand and omcial real of raid Board this 22'' day of January Richard M. Weiss Clerk to the Board

7 CHARWECRIST STATE LIBRARY AND ARCHIVES OF FLORIDA KURT 8. BROWNlNO Governor Secretary of State January 26,201 0 Ms. Kathryn Courtney Clerk of the Board Polk County Post Office Box 988 Bartow, Florida Dear Ms. Courtney: Pursuant to the provisions of Section , Florida Statutes, this will acknowledge receipt of your letter dated January 22, 2010 and certified copies of Polk County Ordinance Nos and , which were filed in this office on January 25,2010. Sincerely, Liz cloudv Program Administrator DOIECTOR'S OFFICE RA. Gny Buildii. 500 SMh llmm~gh Smn. Talhhurc. Fh& M BIO FAX: BM J TDB )85. wp:iidlbduute.l.r COMMUNIN DNEWPMENT STATE UBRARY OF FLORIDA STATE ARCHIVES OF MRIDA MM. FAX: J FAX: 8JO J0.24J FAX W48t4894 LES7ISLATIVE LIBRARY SERVICE RECORDS MANAGEMENTSERVICES ADMWISTRATNE CODE AND WEEKLY 8M FAX: 8J R JO. FAX: FAX: 8J014S.6282