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HomeMy WebLinkAboutO-09-13ORDINANCE NO 0 -09 -13 AMENDED AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, RELATING TO PURCHASING, AMENDING SECTION 2 -11 OF THE CODE OF ORDINANCES, ENTITLED LOCAL VENDOR PREFERENCE, WHICH PROVIDES FOR A LOCAL VENDOR PREFERENCE POLICY; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCE IN CONFLICT HEREWITH. PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Sebastian City Council finds that it is in the public's interest to provide an incentive for maximizing the successful solicitation of goods from vendors that are located in Indian River County, St. Lucie County, Martin County, Okeechobee County, Osceola County, and Brevard County, Florida (hereinafter referred to as the "Local Area and WHEREAS, the Sebastian City Council finds that City funds spent locally, with local businesses, provide an enhanced economic benefit to the City as a whole since recirculation of those tax dollars in the local economy generates taxable transactions, retains and creates local jobs, increases local profits, and increases procurement of local goods and services; and WHEREAS, this ordinance amends Section 2 -11 of the City Code by providing additional criteria for a local vendor preference policy. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: SECTION 1. AMENDING SECTION 2 -11. The City Code of Sebastian, Florida is hereby amended by deleting Section 2 -11 as follows: thrce percent. SECTION 2. CREATING NEW SECTION 2 -11. The City Code of Sebastian, Florida hereby creates a new Section 2 -11 entitled Local Vendor Preference Policy, which reads as follows: 1 Section 2 -11. Local Vendor Preference Policy. (a) Definitions. (1) Local business means the vendor has: a. A valid business tax receipt issued by the City of Sebastian, Indian River County, St. Lucie County, Martin County, Okeechobee County, Osceola County, or Brevard County at the time a bid or proposal is submitted, and b. A physical address located within the Local Area, in an area zoned for the conduct of such business, from which the vendor is operating a significant portion of its business, and at which it maintains full -time employees. (2) Non -local business means any vendor that does not meet the definition of a business within the Local Area. (b) Establishment as Local Area business. To establish that a vendor is a Local Area business a vendor shall provide written documentation of compliance with the definitions for each such local business as defined in subsection (1) herein, at the time of submitting a bid or proposal. Post office boxes are not verifiable and shall not be used for the purpose of establishing the required physical business address. A vendor that misrepresents the Local Area status of its firm in a proposal or bid submittal to the City will lose the privilege to claim local preference status for a period two (2) years. (c) Local preference in purchasing and contracting. The City of Sebastian shall give preference to Local Area businesses in the purchase of commodities, personal property, general services, personal property, general services, professional services, and the purchase of or contract for construction or renovation of public works or other public improvements by means of competitive bid. The City shall give such preference to Local Area businesses in the following manner: (1) Competitive bid. Each formal competitive bid solicitation shall clearly identify how the price order of the bids received will be evaluated and determined. When a qualified and responsive non -local business submits the lowest price bid, and the lowest bid submitted by a qualified and responsive Local Area business is within five percent (5 of the lowest bid, then the lowest bidding Local Area business shall have the opportunity to submit an offer to match the price submitted by the lowest non -Local Area business bidder. 2 Within five (5) working days after the posting of the qualified and responsive bids, any Local Area business that has submitted a bid within five percent (5 of the lowest bid by a non -Local Area business, and that wants the opportunity to match the lowest bid, shall submit a written offer to match the lowest bid. If the lowest Local Area business bidder submits an offer that matches the lowest bid submitted, then the award shall be made to such Local Area business. If the lowest Local Area business bidder declines or is unable to match the lowest bids, then the option to do so moves to the next Local Area business if its bid is within five percent (5 of the lowest bids, and it is a qualified and responsive bidder. If the lowest bid is submitted by a qualified and responsive Local Area business, there is no local vendor preference. If a Local Area business accepts the opportunity to match the lowest bid of a non -Local Area business and that bid is based on unit -price bid items and estimated quantities, then the unit prices for all bid items shall be reduced in proportion to the reduction in the Local Area business's total bid amount required to match the lowest total bid. (2) Ties. In the event of any tie in the final bid price between a Local Area business, and a non -Local Area business, a contract award, or the first opportunity to negotiate, as applicable, shall be made to the Local Area business. In the event of any tie between a business located within the City of Sebastian and a business within the greater Local Area, the business located within the City of Sebastian shall be awarded the contract or receive the first opportunity to negotiate, as applicable. In the event of any two businesses located within the City of Sebastian, or two businesses located within the greater Local Area, the local vendor with the greatest number of full -time employees working in the City of Sebastian or the greater Local Area respectively, shall be awarded the contract or receive the first opportunity to negotiate as applicable. (d) Exception to local vendor preference policy. The local preference policy set forth herein shall not apply to any of the following purchases or contracts: (1) Goods or services provided under a cooperative purchasing agreement or piggyback agreement; or (2) Purchases or contract which are funded, in whole or part, by a governmental entity and the laws, regulations, or policies governing such funding prohibit application of that preference; or 3 (3) Purchases made or contracts let under emergency or noncompetitive situations, or for litigation related legal services, as described in the City's purchasing policies; or (4) Purchases or contracts with an estimated cost of $5,000 or less; or (5) Purchases or contracts where the difference between the amount of the low bid submitted by a qualified and responsive non -Local Area business and the lowest bid submitted by a qualified and responsive Local Area business is greater than $25,000; or (6) Where all bids are rejected. (e) Waiver of the application for local vendor preference policy. Any request for the waiver of local preference to any particular purchase or contract must be heard by the City Council prior to advertising the bid. The City Council, as the awarding authority, may approve the waiver of local preference upon review and at its discretion. (f) Comparison and review of qualifications. The preferences established herein no way prohibit the right of the City of Sebastian to compare and review the quality of materials proposed for purchase, and to compare and review the qualifications, character, responsibility and fitness of all persons, firms or corporations submitting bids or proposals. Furthermore, the local preference established herein shall not prohibit the City from giving any other preference permitted by law in addition to the local preference contained herein. (g) Administration of local preference policy. This policy shall apply to all departments, functions and funds under the governance of the City of Sebastian, unless subsection (d) applies. (h) Dispute Resolution. Any dispute arising under the provision of this section shall first be presented to the City Manager for determination. The decision of the City Manager shall be appealable to the City Council, and the decision of the City Council shall be final and binding on all parties. SECTION 3. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid provisions. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption. 4 The foregoing Ordinance was moved for adoption by Council Member H i 11 The motion was seconded by Council Member c i l lmor and upon being put to a vote, the vote was as follows: Mayor Richard Gillmor Vice Mayor Jim Hill Council Member Andrea Coy Council Member Dale Simchick Council Member Eugene Wolff The Mayor thereupon declared this Ordinance duly passed and adopted this 14 day of October, 2009. ATTE T CITY OF SEBASTIAN, FLORIDA Sally A. M: io, MMC '!char: Gillmor, Mayor City Clerk )1r 5 aye ay e aye aye aye Approved as to form and legality for reliance by the City of Sebastian: