Bill Text: FL S1456 | 2018 | Regular Session | Introduced

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Bill Title: Disaster Recovery Services Contracts

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2018-03-10 - Died in Community Affairs [S1456 Detail]

Download: Florida-2018-S1456-Introduced.html

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       Florida Senate - 2018                                    SB 1456
       
       
        
       By Senator Garcia
       
       
       
       
       
       36-01550-18                                           20181456__
    1                        A bill to be entitled                      
    2         An act relating to disaster recovery services
    3         contracts; amending s. 252.38, F.S.; authorizing a
    4         political subdivision, under specified circumstances,
    5         to add vendors to a contract or enter into a second
    6         contract for debris removal services after a declared
    7         state of emergency; specifying how additional vendors
    8         are to be selected; authorizing a political
    9         subdivision to enter into an interagency agreement if
   10         a certain condition is met; requiring the political
   11         subdivision to announce the selected vendors in a
   12         specified manner; requiring contracts to comply with
   13         applicable federal public disaster assistance program
   14         requirements under certain circumstances; amending s.
   15         287.057, F.S.; providing an exception to competitive
   16         bidding and procurement requirements for debris
   17         removal service contracts; providing an effective
   18         date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Subsection (4) is added to section 252.38,
   23  Florida Statutes, to read:
   24         252.38 Emergency management powers of political
   25  subdivisions.—Safeguarding the life and property of its citizens
   26  is an innate responsibility of the governing body of each
   27  political subdivision of the state.
   28         (4) CONTRACTS FOR DECLARED STATE OF EMERGENCY.
   29  Notwithstanding any law to the contrary, a political subdivision
   30  may add vendors to an existing contract or enter into a second
   31  contract with additional vendors for debris removal services if
   32  the originally contracted vendor has not made a good faith
   33  effort in fulfilling its obligations under an existing contract
   34  within 14 days after a state of emergency is declared pursuant
   35  to s. 252.36.
   36         (a) In selecting an additional vendor or vendors to perform
   37  the debris removal services, the political subdivision shall use
   38  the most recent competitive solicitation process results under
   39  s. 287.057 to identify and select another responsible and
   40  responsive vendor or vendors to perform the services.
   41         (b) If only one vendor met the criteria as a responsible
   42  and responsive vendor during the most recent competitive
   43  solicitation process, the political subdivision may enter into
   44  an interagency agreement with a neighboring political
   45  subdivision for the provision of debris removal services.
   46         (c) The political subdivision shall announce the vendor or
   47  vendors that will be added to the contract or the neighboring
   48  political subdivision with whom the political subdivision will
   49  enter into an interagency agreement for debris removal services
   50  at a special or regularly scheduled public meeting.
   51         (d) A new or amended contract or interagency agreement
   52  entered into for debris removal services must comply with
   53  applicable federal public disaster assistance program
   54  requirements if the political subdivision anticipates receiving
   55  reimbursement from the Federal Government for the contracted
   56  debris removal services.
   57         Section 2. Paragraph (e) of subsection (3) of section
   58  287.057, Florida Statutes, is amended to read:
   59         287.057 Procurement of commodities or contractual
   60  services.—
   61         (3) If the purchase price of commodities or contractual
   62  services exceeds the threshold amount provided in s. 287.017 for
   63  CATEGORY TWO, purchase of commodities or contractual services
   64  may not be made without receiving competitive sealed bids,
   65  competitive sealed proposals, or competitive sealed replies
   66  unless:
   67         (e) The following contractual services and commodities are
   68  not subject to the competitive-solicitation requirements of this
   69  section:
   70         1. Artistic services. As used in this subsection, the term
   71  “artistic services” does not include advertising or typesetting.
   72  As used in this subparagraph, the term “advertising” means the
   73  making of a representation in any form in connection with a
   74  trade, business, craft, or profession in order to promote the
   75  supply of commodities or services by the person promoting the
   76  commodities or contractual services.
   77         2. Academic program reviews if the fee for such services
   78  does not exceed $50,000.
   79         3. Lectures by individuals.
   80         4. Legal services, including attorney, paralegal, expert
   81  witness, appraisal, or mediator services.
   82         5. Health services involving examination, diagnosis,
   83  treatment, prevention, medical consultation, or administration.
   84  The term also includes, but is not limited to, substance abuse
   85  and mental health services involving examination, diagnosis,
   86  treatment, prevention, or medical consultation if such services
   87  are offered to eligible individuals participating in a specific
   88  program that qualifies multiple providers and uses a standard
   89  payment methodology. Reimbursement of administrative costs for
   90  providers of services purchased in this manner are also exempt.
   91  For purposes of this subparagraph, the term “providers” means
   92  health professionals and health facilities, or organizations
   93  that deliver or arrange for the delivery of health services.
   94         6. Services provided to persons with mental or physical
   95  disabilities by not-for-profit corporations that have obtained
   96  exemptions under s. 501(c)(3) of the United States Internal
   97  Revenue Code or when such services are governed by Office of
   98  Management and Budget Circular A-122. However, in acquiring such
   99  services, the agency shall consider the ability of the vendor,
  100  past performance, willingness to meet time requirements, and
  101  price.
  102         7. Medicaid services delivered to an eligible Medicaid
  103  recipient unless the agency is directed otherwise in law.
  104         8. Family placement services.
  105         9. Prevention services related to mental health, including
  106  drug abuse prevention programs, child abuse prevention programs,
  107  and shelters for runaways, operated by not-for-profit
  108  corporations. However, in acquiring such services, the agency
  109  shall consider the ability of the vendor, past performance,
  110  willingness to meet time requirements, and price.
  111         10. Training and education services provided to injured
  112  employees pursuant to s. 440.491(6).
  113         11. Contracts entered into pursuant to s. 337.11.
  114         12. Services or commodities provided by governmental
  115  entities.
  116         13. Statewide public service announcement programs provided
  117  by a Florida statewide nonprofit corporation under s. 501(c)(6)
  118  of the Internal Revenue Code which have a guaranteed documented
  119  match of at least $3 to $1.
  120         14. Contracts entered into under s. 252.38.
  121         Section 3. This act shall take effect July 1, 2018.