Title: Disaster Recovery Services Contracts

Summary: Authorizes political subdivision to add additional contractors to specified contracts for disaster recovery services for declared state of emergency; provides requirements for advertising & announcing of new or additional contractors; requiring contracts to comply with applicable federal public disaster assistance program requirements.

Full Text:
An act relating to disaster recovery services contracts; amending s. 252.38, F.S.; authorizing a political subdivision, under specified circumstances, to add vendors to a contract or enter into a second contract for debris removal services after a declared state of emergency; specifying how additional vendors are to be selected; requiring the political subdivision to announce the selected vendors in a specified manner;requiring contracts to comply with applicable federal public disaster assistance program requirements under certain circumstances; amending s. 287.057, F.S.; providing an exception to competitive bidding and procurement requirements for debris removal se rvice contracts; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Subsection (4) is added to section 252.38, Florida Statutes, to read: 252.38 Emergency management powers of political subdivision s.-Safeguarding the life and property of its citizens is an innate responsibility of the governing body of each political subdivision of the state. HB 1087 2018 (4) CONTRACTS FOR DECLARED STATE OF EMERGENCY.-Notwithstanding any law to the contrary, a political subdiv ision may add vendors to an existing contract or enter into a second contract with additional vendors for debris removal services if the originally contracted vendor has not made a good faith effort in fulfilling its obligations under an existing contract within days after a state of emergency is declared pursuant to s. 252.36. (a) In selecting additional vendor or vendors to perform the debris removal services, the political subdivision shall use the most recent competitive solicitation process result sunder s. 287.057 to identify and select another responsible and responsive vendor or vendors to perform the services. (b) If only one vendor met the criteria as a responsible and responsive vendor during the most recent competitive solicitation process,the political subdivision may enter into an interagency agreement with a neighboring political subdivision for the provision of debris removal services. (c) The political subdivision shall announce the vendor or vendors that will be added to the contra ct or the neighboring political subdivision with whom the political subdivision will enter into an interagency agreement for debris removal services at a special or regularly scheduled public meeting. (d) A new or amended contract or interagency agreeme nt entered into for debris removal services must comply with HB 1087 2018 applicable federal public disaster assistance program requirements if the political subdivision anticipates receiving reimbursement from the Federal Government for the contracted debris removal services. Section 2. Paragraph (e) of subsection (3) of section 287.057, Florida Statutes, is amended to read: 287.057 Procurement of commodities or contractual services.-(3) If the purchase price of commodities or contractual services exceeds the threshold amount provided in s. 287.017 for CATEGORY TWO, purchase of commodities or contractual services may not be made without receiving competitive sealed bids, competitive sealed proposals, or competitive sealed replies unless: (e) The following con tractual services and commodities are not subject to the competitive-solicitation requirements of this section: 1. Artistic services. As used in this subsection, the term "artistic services" does not include advertising or typesetting. As used in this su bparagraph, the term "advertising" means the making of a representation in any form in connection with a trade, business, craft, or profession in order to promote the supply of commodities or services by the person promoting the commodities or contractual services. 2. Academic program reviews if the fee for such services HB 1087 2018 does not exceed $50,000. 3. Lectures by individuals. 4. Legal services, including attorney, paralegal, expert witness, appraisal, or mediator services. 5. Health services involving examination, diagnosis, treatment, prevention, medical consultation, or administration. The term also includes, but is not limited to, substance abuse and mental health services involving examination, diagnosis, treatment, prevention, or medical consultati on if such services are offered to eligible individuals participating in a specific program that qualifies multiple providers and uses a standard payment methodology. Reimbursement of administrative costs for providers of services purchased in this manner are also exempt. For purposes of this subparagraph, the term "providers" means health professionals and health facilities, or organizations that deliver or arrange for the delivery of health services. 6. Services provided to persons with mental or physic al disabilities by not-for-profit corporations that have obtained exemptions under s. 501(c)(3) of the United States Internal Revenue Code or when such services are governed by Office of Management and Budget Circular A-122. However, in acquiring such services, the agency shall consider the ability of the vendor, past performance, willingness to meet time requirements, and price. 7. Medicaid services delivered to an eligible Medicaid HB 1087 2018 recipient unless the agency is directed otherwise in law. 8. Family placement services. 9. Prevention services related to mental health, including drug abuse prevention programs, child abuse prevention programs, and shelters for runaways, operated by not-for-profit corporations. However, in acquiring such services, the a gency shall consider the ability of the vendor, past performance, willingness to meet time requirements, and price. 10. Training and education services provided to injured employees pursuant to s. 440.491(6). 11. Contracts entered into pursuant to s. 37.11. 12. Services or commodities provided by governmental entities. 13. Statewide public service announcement programs provided by a Florida statewide nonprofit corporation under s. 501(c)(6) of the Internal Revenue Code which have a guaranteed documented match of at least $3 to $1. 14. Contracts entered into under s. 252.38. Section 3. This act shall take effect July 1, 2018.