1044 Local Vendor Pref ORDINANCE NO. 1044
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING
THE CITY OF OKEECHOBEE CODE OF ORDINANCES, MUNICIPAL
PURCHASING, SECTION 2 -282, TO ADD DEFINITIONS AND SECTION 2-
290, LOCAL VENDOR PREFERENCE; PROVIDING FOR CONFLICTS
AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Okeechobee, Florida, has adopted Section 2 -282 of the Code of
Ordinances to define words, terms and phrases for Municipal Purchasing; and
WHEREAS, the City of Okeechobee, Florida, has amended Section 2 -282 of the Code of
Ordinances by adding definitions of words, terms and phrases for Municipal
Purchasing; and
WHEREAS, the City of Okeechobee, Florida, has added Section 2 -290 to the Code of
Ordinances, Local Vendor Preference, to establish guidelines and procedures for
those City businesses who respond to invitations to bid, requests for proposals and
quotations for the procurement of general services, goods or professional services,
except where federal or state law mandates to the contrary.
NOW THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida;
presented at a duly advertised public meeting; and passed by majority vote of the
City Council; and properly executed by the Mayor or designee, as Chief Presiding
Officer for the City:
Section 1. Sections 2 -282. Definitions.
The following words, terms and phrases, when used in this division, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning.
Business location means a permanent office or other site where a local
business conducts. enaaaes in or carries on all or a portion of its business;
has personnel. eauipment and materials within the boundaries of the City
sufficient to constitute a present ability to perform the service and /or provide
the aoods. Business stationery and business cards must make a specific
reference to a county address. A post office box or a location at a postal
service center shall not constitute a business location.
City business means any person. firm. partnership. company or corporation
who possesses a current City Business Licence Tax Receipt and is
authorized to enaaae in the particular business for which a proposal is
submitted. and whose principal place of business. in the sole opinion of the
City. is located within the City.
Contractual services means all services involving labor activities, but shall
not include professional services or services provided by franchise.
Goods includes. but is not limited to. supplies. eauipment. materials and
printed matter.
111 Local business means a business located within the City..
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Local vendor means anv persons. firms. sole proprietorships. partnership.
companies. or corporations. located within the City. offerina to contract with
the Citv for aoods and/or services.
Low bid means a vendor qualified to perform the work reauired under the
invitation to bid. request for proposal. or auotation. meetina all conditions and
has submitted the lowest price in the bid response. which shall also include
the consideration as identified under consideration for award.
Professional services means anv services where the City is obtainina advice.
instruction or specialized work from an individual firm or corporation
specifically qualified in a particular area. Such term does not include those
services procured pursuant to (F.S. 287.055).
Qualified local business means a City business satisfvina the reauirements
under the bid. request for proposal. or auotation auidelines and consideration
for award to perform the services or aoods reauested.
Regional business means anv person. firm. partnership. company or
corporation which is duly licensed and authorized to enaaa a in the particular
business for which a proposal is submitted. and whose principal place of
business in the sole opinion of the City. is not located in the City of the
County Okeechobee. but is located within one of the counties of Indian
River. St. Lucie. Martin. and Glades. Florida.
Supplies means materials, equipment, and other tangible and consumable
goods, which terms may be interchangeably used in this division.
Using agency means any department in City government for which a supply
or service is being procured.
Section 2. Section. 2 -290. Local Vendor Preference.
fl The City shall give a five percent preference to qualified City businesses and
a five percent preference to qualified County businesses who respond to
invitations to bid. reauests for proposals and quotations for the procurement
of aeneral services. aoods or professional services. except where federal or
state law mandates to the contrary. No business shall be qualified to receive
a preference amount that exceeds five percent.
f2,1 The City reserves the right to compare. contrast and otherwise evaluate the
quality of materials. qualifications, character. responsibility and fitness of all
Persons. firms. partnerships. companies or corporations submitting formal
bids. requests for proposals. and quotations for the procurement for goods
and/or services when makina an award in the best interest of the City.
L3,) Open market purchases as defined in Section 2 -286. will not necessarily be
subiect to the local vendor preference purchase.
fill The City Council may award at their discretion:
(a) A" local vendor preference in the amount of 5 percent or $25.000.00,
whichever is less. on purchases in excess of $25.000.00 to qualified
City businesses: and
A local vendor preference in the amount of 5 percent or $25.000.00,
whichever is less. on purchases in excess of $25.000.00 to qualified
County businesses.
A local vendor preference shall be afforded to a Regional Business.
as described in Section 1. above. in the following manner:
Competitive bid (Local Price Match Option). Each formal competitive
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bid solicitation (Le. sealed bids) shall clearly identify how the price
order of the bids received will be evaluated and determined. When a
aualified and responsive. non local. non reaional business submits
the lowest price bid. and the bid submitted by one or more qualified
and responsive regional businesses is within 5 percent of the price
submitted by the non -local business. then the regional business with
the apparent lowest bid offer shall have the opportunity to submit an,
offer to match the price(s) offered by the overall lowest aualified and
responsive non local, non regional bidder. In such instances. staff
shall first verify all bidders are in fact qualified and responsive
bidders. If the lowest reaional bidder meets the reauirements of
287.087. F.S. the City Administrator. or his desianee. shall invite the
lowest regional bidder in writina to submit a matchina offer. which
shall be submitted in writina to the City Administrator's Office within,
five business days thereafter. If the lowest regional bidder submits a
written offer that does not fully match the lowest bid from the lowest
non local, non reaional bid tendered previously, that reaional bid shall
be removed from consideration and the next lowest fully qualified
regional bidder will be given the opportunity to match said bid if they
are within 5 percent. This cycle shall be repeated until there are no
remainina regional business bids. If the lowest reaional bidder
declines or is unable to match the lowest non local, non reaional bid
Drice(s). then the award will eventually be made to the lowest overall
qualified and responsive bidder. If the lowest reaional bidder does not
meet the reauirement of Section 287.087. F.S.. and the lowest non
local. non reaional bidder does. the lowest regional bidder will be,
disaualified and the next lowest reaional bidder will be considered if
they are within 5 percent. In the event a regional bidder is awarded a
contract pursuant to this section. all reauests for chance orders
increasina the costs of the proiect must be approved by the City
Council.
a) Local vendor preference awards will be made to responsible aualified local
businesses. The local vendor preference may be waived if the cost of the
award would exceed the budget of the City for the general services and /or
aoods requested.
al The City Council reserves the exclusive right to exercise the option as to
whether or not to apply the local vendor preference to any procurement.
The method outlined for tie bids in the purchasing policies and procedures
manual will be used to determine the final award in the event two or more
formal bids. reauests for proposals. or quotations are received and are equal
after calculating the appropriate local vendor preference.
Persons. firms. partnerships. companies or corporations who desire to be
considered for the local vendor preference must complete an application and
affidavit provided in the solicitation documents and return it with their bid,
reauest for prop osal. or quotation. Upon a finding by the City that the
application and affidavit is sufficient and meets the local vendor criteria. the
Person. firm. partnerships. companies or corporation that provide the
application and affidavit with their solicitation will be allowed to receive a local
vendor preference. Vendors shall not have the opportunity to chanae the
application or affidavit once submitted to the City and shall have the burden
of demonstratina that it meets the definition.
al The local vendor preference as provided in this Section shall not apply to the
following contracts or purchases:
(a) Professional services which are subiect to the State of Florida
Consultants Competitive Negotiations Act (F.S. 6 287.055).
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Purchases or contracts for which fundina is received and local vendor
preference is prohibited pursuant to anv rules. regulations or
policies.
Purchases made utilizing cooperative purchasing aareements with
other governmental entities.
W Purchases made under emergency procedure situations as set forth
in the purchasing policy and procedures manual. on file in the City
Clerk's Office.
(e) Purchases made for items that have been deemed as a single source
and/or standard items utilized by the City.
Section 3. Conflict.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 4. Severability.
If any provision or portion of this ordinance is declared by any court of competent
jurisdiction to be void, unconstitutional, or unenforceable, then all remaining
provisions and portions of this ordinance shall remain in full force and effect.
Section 5. Effective Date.
This Ordinance shall take effect immediately upon its passage.
INTRODUCED for first reading and set for final public hearing on this 7 of April, 2009.
v A// y i
'bowling R.'Watford, Jr'., Mayor Pro Tempore
ATTEST
s
Lane Gamiotea, CMC, City Clerk
PASSED AND ADOPTED after Second and Final Public Hearing this 5' day of May,
2009.
Bowling R. VGatford, Jr., M y r Pro- Tempore
ATT ST:
Ouk
I.
4 7
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SU ICIENCY:
111
63i/
John R. Cook, City Attorney
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