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Fall Workshop October 23, 2009

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  1. Fall Workshop October 23, 2009

  2. Agenda • Charles Covington • Opening Remarks and Introduction • Sunset Review • American Recovery and Reinvestment Act of 2009 • Legislative Session • Training • Ellen Potts • Florida Climate-Friendly Preferred Products List • Bureau of Commodity Sourcing • Stu Potlock • Bureau of Technology & Special Programs Sourcing • Contact Information • Questions and Answers

  3. Organizational OverviewSunset ReviewPresentation October 23, 2009 Charles W. Covington Director of State Purchasing

  4. State Purchasing • Presenter: • Charles W. Covington, Director CPPO, CPPB, FCPM, FCPA, FCCN, FCCM • Mission: • To provide smarter, better, faster purchasing services to deliver innovative, resource saving solutions

  5. State Purchasing • Program Activities: • Develop State Term Contracts, State Purchasing Agreements and evaluate Alternate Contract Sources • Provide an eProcurement tool-MyFloridaMarketPlace • Develop and administer a purchasing professional training and certification program • Provide guidance on development, interpretation and use of Florida Statutes and Florida Administrative Codes for purchasing and contracting of commodities and services

  6. State Purchasing • Program Activity: • Develop State Term Contracts, State Purchasing Agreements and evaluate Alternate Contract Sources • Description: • Develop contracts in partnership with agencies, political subdivisions and vendors to provide state and local governments with reduced prices for commodities and services • Why the state needs to do it: • To save money, improve quality and service and increase efficiencies

  7. State Purchasing • Program Activity: • Provide an eProcurement tool (MFMP) • Description: • MFMP is a user-friendly Internet portal that connects state agencies buyers with more than 100,000 vendors • Why the state needs to do it: • MyFloridaMarketPlace generates process efficiencies • Provides visibility into what the state buys so we can negotiate better pricing based on aggregation of spend • Provide the state with electronic internet-based transactions • Create a consistent, more efficient way of doing business with the state • Less paperwork and fewer manual steps • Improved compliance with purchasing policies

  8. State Purchasing • Program Activity: • Provide a Training and Certification Program in Procurement, Contract Negotiation and Project Management • Description: • Develop, train and certify purchasing professionals, contract negotiators and project managers • Why the state needs to do it: • This program was created as a result of the Inspector General of the Executive Office of the Governor Audit Report No. 2003-3 and 2006 Senate Bill 2518 signed into Florida Statute 287.057 (17)(b) and 287.076 on June 15, 2006 • The application of the knowledge and skills offered by these programs will increase purchasing and contracting effectiveness

  9. State Purchasing • Program Activity: • Provide guidance on interpretation and use of Florida Statutes and Florida Administrative Codes for purchasing and contracting • Description: • Executive agencies and other eligible users, as defined in s. 287.012, F.S., rely on State Purchasing to provide interpretations of Chapter 287, Florida Statutes, and of Chapter 60A-1, Florida Administrative Code, the statutes and rules applicable to purchasing and contracting • Why the state needs to do it: • To promote fair and open competition. Reducing the appearance and opportunity for favoritism and inspire public confidence in the purchasing and contracting processes within the State

  10. State Purchasing • Customers we serve: • Buyers for • State agencies-13,800 users • Cities and municipalities • Counties • Other eligible users • Vendors • Over 100,000 registered vendors in MyFloridaMarketPlace

  11. Sunset Review - OPPAGA Suggested Validation Procedures Questions • Is the data part of the agency’s performance measurement system? • Do agency managers use the data to monitor staff or contractor performance? • How confident are program staff and other stakeholders in the reliability or accuracy of the data? • Is the data required for federal reporting purposes? If so, does the federal government test the data? • Can program staff or contractors manipulate the data? • How strong are the internal controls over the data?

  12. Sunset Review Agency Report Submission The inspector general should ensure that the agency report answers all the questions set forth in the Legislature’s report instructions and has been signed by the agency head and the inspector general.

  13. The American Recovery and Reinvestment Act of 2009 Energizing Florida’s Economy Seminar on Florida Stimulus Package University of South Florida September 12, 2009 Tampa, Florida www.flarecovery.com

  14. The American Recovery and Reinvestment Act of 2009Purposes (1) To preserve and create jobs and promote economic recovery. (2) To assist those most impacted by the recession. (3) To provide investments needed to increase economic efficiency by spurring technological advances in science and health. (4) To invest in transportation, environmental protection, and other infrastructure that will provide long-term economic benefits. (5) To stabilize State and local government budgets, in order to minimize and avoid reductions in essential services and counterproductive State and local tax increases. 14

  15. OrganizingThe Task • Chief Inspector General • Agency Inspectors • General • Director of Open • Government • Chief Financial Officer • Auditor General • Attorney General • Office of Program • Policy Analysis & • Government • Accountability The People The Governor Working Group Core Team Fiscal Integrity Transparency & Accountability Implementation Team • State Agencies • Office of Policy and • Budget • Florida’s Washington • Office • Local Government • Other Stakeholders 15

  16. Overview of the Act Division A Appropriation Provisions Division B Tax, Unemployment, Health, State Fiscal Relief, and Other Provisions House Ways and Means Committee House and Senate Appropriations Committees House Energy and Commerce Committee Senate Finance Committee 16

  17. Division A Appropriation Provisions • TITLE XII—TRANSPORTATION, HOUSING AND URBAN • DEVELOPMENT, AND RELATED AGENCIES • TITLE XIII—HEALTH INFORMATION TECHNOLOGY • TITLE XIV—STATE FISCAL STABILIZATION FUND • TITLE XV—ACCOUNTABILITY AND TRANSPARENCY • TITLE XVI—GENERAL PROVISIONS—THIS ACT • TITLE I—AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES • TITLE II—COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES • TITLE III—DEPARTMENT OF DEFENSE • TITLE IV—ENERGY AND WATER DEVELOPMENT • TITLE V—FINANCIAL SERVICES AND GENERAL GOVERNMENT • TITLE VI—DEPARTMENT OF HOMELAND SECURITY • TITLE VII—INTERIOR, ENVIRONMENT, AND RELATED AGENCIES • TITLE VIII—DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES • TITLE IX—LEGISLATIVE BRANCH • TITLE X—MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED AGENCIES • TITLE XI—STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS Division B Tax, Unemployment, Health, State Fiscal Relief, and Other Provisions • TITLE I—TAX PROVISIONS • TITLE II—ASSISTANCE FOR UNEMPLOYED WORKERS AND STRUGGLING FAMILIES • TITLE III—PREMIUM ASSISTANCE FOR COBRA BENEFITS • TITLE IV—MEDICARE AND MEDICAID HEALTH INFORMATION TECHNOLOGY; MISCELLANEOUS MEDICARE PROVISIONS • TITLE V—STATE FISCAL RELIEF • TITLE VI—BROADBAND TECHNOLOGY OPPORTUNITIES PROGRAM • TITLE VII—LIMITS ON EXECUTIVE COMPENSATION 17

  18. Education Funding Division A Appropriation Provisions • TITLE XII—TRANSPORTATION, HOUSING AND URBAN • DEVELOPMENT, AND RELATED AGENCIES • TITLE XIII—HEALTH INFORMATION TECHNOLOGY • TITLE XIV—STATE FISCAL STABILIZATION FUND • TITLE XV—ACCOUNTABILITY AND TRANSPARENCY • TITLE XVI—GENERAL PROVISIONS—THIS ACT • TITLE I—AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES • TITLE II—COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES • TITLE III—DEPARTMENT OF DEFENSE • TITLE IV—ENERGY AND WATER DEVELOPMENT • TITLE V—FINANCIAL SERVICES AND GENERAL GOVERNMENT • TITLE VI—DEPARTMENT OF HOMELAND SECURITY • TITLE VII—INTERIOR, ENVIRONMENT, AND RELATED AGENCIES • TITLE VIII—DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES • TITLE IX—LEGISLATIVE BRANCH • TITLE X—MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED AGENCIES • TITLE XI—STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS $2.7 billion in State Fiscal Stabilization Fund Division B Tax, Unemployment, Health, State Fiscal Relief, and Other Provisions $1.36 billion in Education Funds • TITLE I—TAX PROVISIONS • TITLE II—ASSISTANCE FOR UNEMPLOYED WORKERS AND STRUGGLING FAMILIES • TITLE III—PREMIUM ASSISTANCE FOR COBRA BENEFITS • TITLE IV—MEDICARE AND MEDICAID HEALTH INFORMATION TECHNOLOGY; MISCELLANEOUS MEDICARE PROVISIONS • TITLE V—STATE FISCAL RELIEF • TITLE VI—BROADBAND TECHNOLOGY OPPORTUNITIES PROGRAM • TITLE VII—LIMITS ON EXECUTIVE COMPENSATION 18

  19. Infrastructure Funding Division A Appropriation Provisions Over $470 million for Energy • TITLE XII—TRANSPORTATION, HOUSING AND URBAN • DEVELOPMENT, AND RELATED AGENCIES • TITLE XIII—HEALTH INFORMATION TECHNOLOGY • TITLE XIV—STATE FISCAL STABILIZATION FUND • TITLE XV—ACCOUNTABILITY AND TRANSPARENCY • TITLE XVI—GENERAL PROVISIONS—THIS ACT $1.4 billion for transportation • TITLE I—AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES • TITLE II—COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES • TITLE III—DEPARTMENT OF DEFENSE • TITLE IV—ENERGY AND WATER DEVELOPMENT • TITLE V—FINANCIAL SERVICES AND GENERAL GOVERNMENT • TITLE VI—DEPARTMENT OF HOMELAND SECURITY • TITLE VII—INTERIOR, ENVIRONMENT, AND RELATED AGENCIES • TITLE VIII—DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES • TITLE IX—LEGISLATIVE BRANCH • TITLE X—MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED AGENCIES • TITLE XI—STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS Division B Tax, Unemployment, Health, State Fiscal Relief, and Other Provisions • TITLE I—TAX PROVISIONS • TITLE II—ASSISTANCE FOR UNEMPLOYED WORKERS AND STRUGGLING FAMILIES • TITLE III—PREMIUM ASSISTANCE FOR COBRA BENEFITS • TITLE IV—MEDICARE AND MEDICAID HEALTH INFORMATION TECHNOLOGY; MISCELLANEOUS MEDICARE PROVISIONS • TITLE V—STATE FISCAL RELIEF • TITLE VI—BROADBAND TECHNOLOGY OPPORTUNITIES PROGRAM • TITLE VII—LIMITS ON EXECUTIVE COMPENSATION Over $290 million for the environment 19

  20. Fiscal Relief Division A Appropriation Provisions • TITLE XII—TRANSPORTATION, HOUSING AND URBAN • DEVELOPMENT, AND RELATED AGENCIES • TITLE XIII—HEALTH INFORMATION TECHNOLOGY • TITLE XIV—STATE FISCAL STABILIZATION FUND • TITLE XV—ACCOUNTABILITY AND TRANSPARENCY • TITLE XVI—GENERAL PROVISIONS—THIS ACT • TITLE I—AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES • TITLE II—COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES • TITLE III—DEPARTMENT OF DEFENSE • TITLE IV—ENERGY AND WATER DEVELOPMENT • TITLE V—FINANCIAL SERVICES AND GENERAL GOVERNMENT • TITLE VI—DEPARTMENT OF HOMELAND SECURITY • TITLE VII—INTERIOR, ENVIRONMENT, AND RELATED AGENCIES • TITLE VIII—DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES • TITLE IX—LEGISLATIVE BRANCH • TITLE X—MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED AGENCIES • TITLE XI—STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS Over $4 billion from enhanced Medicaid matching funds Division B Tax, Unemployment, Health, State Fiscal Relief, and Other Provisions • TITLE I—TAX PROVISIONS • TITLE II—ASSISTANCE FOR UNEMPLOYED WORKERS AND STRUGGLING FAMILIES • TITLE III—PREMIUM ASSISTANCE FOR COBRA BENEFITS • TITLE IV—MEDICARE AND MEDICAID HEALTH INFORMATION TECHNOLOGY; MISCELLANEOUS MEDICARE PROVISIONS • TITLE V—STATE FISCAL RELIEF • TITLE VI—BROADBAND TECHNOLOGY OPPORTUNITIES PROGRAM • TITLE VII—LIMITS ON EXECUTIVE COMPENSATION 20

  21. How Recovery Act Funds Flow Federal Agencies Local Government State Legislature Community Agencies & Businesses Floridians State Agencies 21

  22. Funding SummaryFlorida 22

  23. Funding from Recovery ActOver $14.1 BillionDoes not include most competitive grants or funds directly to local government $3. 6 B $491.45 M $392.5 M $4.37 B $205.1 M $1.88 B $33 M $86 M $3.1 B * FMAP is the Federal Medicaid Assistance Percentage (the percentage of federal matching funds) 23 Note: fiscal year amounts may change during appropriations process

  24. Competitive Grants Download the “Funding Guide” document from FlaRecovery.com for more tips. • The Recovery Act contains approximately $85 billion in funds that will be awarded competitively by Federal agencies. • To find competitive grants • Check the “Documents” link on FlaRecovery.com. • Register with grants.gov and check that site often. • Register with FBO.gov(Federal Business Opportunities) and check that site often • For State competitive opportunities, register and check the vendor link at MyFloridaMarketplace.com 24

  25. ExamplesCompetitive Opportunities in Progress • Broadband Technologies Opportunity Program • $7.2 billion (NTIA $4.7 B, RUS $2.5 B) • Broadband Policy Strategy Group (DMS) • Phase I applications – August 21, 2009. • High-Speed Rail • Pre-application submitted July 10, 2009 • Full application due October 2, 2009 NTIA - National Telecommunications and Information Administration (Commerce) RUS - Rural Utilities Service (Agriculture)

  26. FlaRecovery.com Documents include copies of the law, detailed lists of projects, helpful guides on applying for funds, official certifications, information on federal competitive grant announcements, and many other resources. 26

  27. Small Business AdministrationRecovery Act Provisions More information at http://training.sba.gov:8000/recoverybill Temporary elimination of loan fees Higher loan guarantees Secondary market liquidity for Section 7(a) loans New small business loan program (ARC Stabilization Loans) Increase availability of micro-loans Surety bond program expansion Secondary market for first mortgages associated with Section 504 CDC loans Expanded refinancing project for Section 504 loans Increase the availability of equity capital (SBIC program expansion) 27

  28. 28

  29. Tax Provisions Comprehensive list of tax provisions available at: http://flarecovery.com/_resources/provisions/prb021209.pdf Tax relief for Individuals and Families Tax incentives for Business Manufacturing Recovery Provisions Economic Recovery Tools Infrastructure Financing Tools Reinvestment in Renewable Energy 29

  30. Tax Provisions 19 page summary of tax provisions compiled by the U.S. Congress, House Ways & Means Committee and the Senate Finance Committee 30

  31. Grants.gov Recovery Act Grant Opportunities

  32. Grants.gov Recovery Act Opportunities

  33. FBO.gov

  34. MyFloridaMarketPlace.com

  35. MyFloridaMarketPlace.com

  36. Florida’s Fair Share Existing Allocation Formulas Education Medicaid Energy

  37. Florida as Percent of U.S.

  38. FL as Percent of U.S. by Age Cohort School Age 9.1%

  39. Percentage Point IncreaseMedicaid Matching Percentage Under Recovery Act Florida - 67.64% minus 55.40 equals 12.24%

  40. Energy Efficiency & Conservation Block Grant Allocation Formula (partial) Energy Grant Florida Share EECBG 6.5% State Energy Program 4.3% Weatherization 3.8%

  41. Accountability and Transparency • Transparency and Oversight Requirements • Certifications for infrastructure investments • Reporting requirements on all recipients of funds (other than individuals) • Review by CBO and GAO • Reviews by Federal Inspectors General • Recovery Accountability and Transparency Board • Recovery Independent Advisory Panel 41

  42. Additional Accountability and Transparency Requirements • SET-ASIDE FOR STATE AND LOCAL GOVERNMENT REPORTING AND RECORDKEEPING • PROTECTING STATE AND LOCAL GOVERNMENT AND CONTRACTOR WHISTLEBLOWERS. • SPECIAL CONTRACTING PROVISIONS. To the maximum extent possible, contracts funded under this Act shall be awarded as fixed-price contracts through the use of competitive procedures. A summary of any contract awarded with such funds that is not fixed-price and not awarded using competitive procedures shall be posted in a special section of the website established in section 1526. • PREFERENCE FOR QUICK-START ACTIVITIES • PERIOD OF AVAILABILITY All funds appropriated in this Act shall remain available for obligation until September 30, 2010, unless expressly provided otherwise in this Act. • LIMIT ON FUNDS None of the funds appropriated or otherwise made available in this Act may be used by any State or local government, or any private entity, for any casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool. • BUY AMERICAN - USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS. • WAGE RATE REQUIREMENTS Laborers and mechanics shall be paid prevailing wages consistent with the Davis-Bacon Act.

  43. Reporting Requirements RECIPIENT REPORTS.—Not later than 10 days after the end of each calendar quarter, each recipient that received recovery funds from a Federal agency shall submit a report to that agency that contains— (1) the total amount of recovery funds received from that agency; (2) the amount of recovery funds received that were expended or obligated to projects or activities; and (3) a detailed list of all projects or activities for which recovery funds were expended or obligated, including— (A) the name of the project or activity; (B) a description of the project or activity; (C) an evaluation of the completion status of the project or activity; (D) an estimate of the number of jobs created and the number of jobs retained by the project or activity; and (E) for infrastructure investments made by State and local governments, the purpose, total cost, and rationale of the agency for funding the infrastructure investment with funds made available under this Act, and name of the person to contact at the agency if there are concerns with the infrastructure investment. (4) Detailed information on any subcontracts or subgrantsawarded by the recipient to include the data elements required to comply with the Federal Funding Accountability and Transparency Act of 2006 . 43

  44. Federal Reporting Process (As Described on Webinars Held July 20 – 23) FederalReporting.gov Recovery.gov FlaRecovery.com Recipient Recipient Recipient Sub-recipient Sub-recipient Sub-recipient

  45. Florida’s Planned Reporting Process FederalReporting.gov Recovery.gov FlaRecovery.com FlaReporting Reviewer Recipient Recipient Recipient • Office of Economic Recovery • OPB Reviewers • IG & Accountability Reviewers Sub-recipient Sub-recipient Sub-recipient 45

  46. GAO Oversight • The U.S. Government Accountability Office (GAO) has been given oversight responsibility by the Congress. • GAO has selected 16 States, including Florida, for special focus during implementation of the Recovery Act. 46

  47. www.FlaRecovery.com 47

  48. Legislative SessionSB 712 (Chapter 2009-217, Laws of FL) • This bill creates Section 189.4221, F.S. The new language will allow municipalities, counties, and special districts to purchase commodities or contractual services by utilizing purchasing agreements from other municipalities, counties and special districts. The purchasing agreements must be competitively procured utilizing competitive bid, requests for proposals, requests for qualifications, competitive solicitation, or competitive negotiations, and must also be in compliance with general laws. The purchasing agreement must also meet the procurement requirements of the municipality, county, or special district attempting to utilize it.

  49. Legislative SessionSB 712 (Chapter 2009-217, Laws of FL) • This bill allows municipalities, counties, and special districts not previously authorized, to “piggyback” on other municipalities, counties, and special district contracts, provided certain criteria are met. • This was signed by the Governor with an effective date of July 1, 2009.

  50. Legislative SessionSB 2694 • This bill prohibits an agency or branch of state government from contracting to pay, without legislative authority, liquidated damages or any other moneys resulting from the breach or early termination of a contract, from contracting to pay interest because of insufficient budget authority to pay an obligation in the current year, or from obligating the state to make future-year payments to cover current-year payments because of an insufficiency of current-year appropriations.