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Item N08 * REVISED BACK-UP * BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 15, 2009 Department: County Attorney Bulk Item: Yes ~ No Staff Contact Person! Phone #:Christine Limbert-Barrows AGENDA ITEM WORDING: Approval to advertise and hold a public hearing to eonsider adoption of a County Ordinance regarding preference to local businesses in bidding procedures. ITEM BACKGROUND: Monroe County Board of County Commissioners supports establishing an Ordinance that provides local businesses a preference in the procurement of goods and services. By giving local businesses a preference it encourages local industry and provides employment opportunities within Monroe County, which benefits the residents and taxpayers of the County. PREVIOUS RELEVANT BOCC ACTION: Discussion regarding establishing local contractor preference policy for sub-contractor, and instruction to staff to draft ordinance for public hearing at BOCC meeting on March 18, 2009. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval. TOTAL COST: unknown INDIRECT COST: _unknown BUDGETED: Yes _No COST TO COUNTY: unknown SOURCE OF FUNDS: REVENUE PRODUCING: Yes No X AMOUNTPERMONTH_ Year APPROVED BY: County Atty --X- OMB/Purchasing _ Risk Management _ DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # N-S Revised 1/09 * OPTION ONE * ORDINANCE NO. - 2009 AN' ORDINANCE CREATING MONROE COUNTY CODE SECTION 2-349, CHAPTER 2, ARTICLE VI; PROVIDING FOR BIDDING PREFERENCE FOR LOCAL BUSINESSES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners for Monroe County finds that it is in the best interest of the residents and taxpayers of Monroe County to support local businesses in that allowing a local preference in the procurement of goods and services encourages local industry, expands employment opportunities and increase the County's overall tax base; and WHEREAS, local businesses contribute to the economic development and well-being of Monroe County; WHEREAS, local businesses are often at a disadvantage when competing with other non-local businesses in that the cost of doing business is higher in Monroe County than in other areas of the State; and WHEREAS, the Monroe County Board of County Commissioners can offset the disadvantage suffered by local businesses by enacting a local preference ordinance; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY CO:Ml\1ISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1. LOCAL PREFERENCE IN BIDDING ORDINANCE. Section 2-349, Chapter 2, Article VI, , Monroe County Code, is hereby created to read: Sec. 1. Le"dslative Intent Monroe County Board of County Commissioners finds that local businesses are often at a disadvantage when competing with other non-local businesses in that the cost of doing business in Monroe County is higher than other areas of the state and giving local businesses a preference in the procurement of goods and services serves a legitimate public purpose for the benefit of the taxpayer and residents of Monroe County as such preference encourages local industry, employment opportunities, and increases the County's overall tax base. Sec. 2. Definitions. * OPTION ONE * As used in this section, unless otherwise specified, the following words or terms shall have the meanings indicated: (a)General services means support services performed by an independent contractor requiring specialized knowledge, experience, or expertise that includes, but is not limited to, pest control, janitorial, laundry, catering, security, law maintenance, and maintenance of equipment. (b)Goods includes, but is not limited to, supplies, equipment, materials and printed matter (c) Local business means the vendor has a valid receipt of the business tax paid as issued by Monroe County tax collector for the business to provide the goods, services or construction to be purchased, and a physical business address located within Monroe County from which the vendor operates or performs business on a day-to-day basis that is a substantial component of the goods or services being offered to Monroe County. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing a physical address. Vendors shall submit a copy of their receipt of the business tax paid and also affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a bid or proposal submitted to the County will lose the privilege to claim local preference status for a period of up to one year. The County Administrator, in his discretion, may also recommend that the firm be referred for suspension of eligibility to claim the privilege of local preference. (d) Professional services includes any services where the County is obtaining advice, instruction, or specialized work from an individual, firm, or corporation specifically qualified in a particular area. Professional services does not include those services procured pursuant to Section 287.055, F.S. (e) responsible bidder means a bidder who is responsible in terms of financial resources; possesses the skills needed to provide high quality services, goods, or public works; and has demonstrated a history of honesty and integrity in his business dealings and in performing his obligations under prior contracts. Sec. 3. Local Preference: Procedure. Except where otherwise provided by federal or state law or other funding source restrictions, purchases of goods, general services, or professional services under the Procurement code shall give preference to local businesses in the following manner: 1) Under a competitive bid solicitation, when a non-local business submits the lowest price bid, and the bid submitted by one or more local businesses is within ten percent (10%) of the price submitted by the non-local business, then that non-local business and each of the aforementioned local businesses shall have the opportunity to submit, within five (5) working days of notice of intent to award, a best and final bid equal to or lower than the amount of the low bid previously submitted by the non-local business. Contract award shall be made to the responsible bidder submitting the lowest best and final bid. In the case of a tie in the best and 2 * OPTION ONE * final bid between a local business and a non-local business, contract award shall be made to the local business. 2) For all other competitive solicitation in which objective factors used to evaluate the responses from vendors are assigned point totals, if, upon the completion of final rankings (technical and price combined, if applicable) by the selection committee, a non-local business is the highest ranked proposer and the ranking of a local proposer is within 5 percent (5%) of the ranking obtained by the non-local proposer, the highest ranked local proposer shall have the opportunity to proceed to negotiations with the county. Sec. 4. Waiver Provision. The application of local preference to a particular purchase, contract or category of contracts for which the Monroe County Board of County Commissioners is the awarding authority may be waived upon written recommendation of the county administrator and approval of the Monroe County Board of County Commissioners. The application of local preference to a particular purchase, contract, Of category of contracts below the award authority of the Monroe County Board of County Commissioners may be waived upon written recommendation of the director of purchasing and approval of the county administrator. Waiver of the application of the local preference is based upon analysis of the marketplace and in consideration of the special or unique quality of goods, services or professional services sought to be purchased by the County. Sec. 5. Notice. Both bid documents and request for proposal documents shall include notice to vendors ofthe local preference policy. SECTION 2. SEVERABaITY. Should any provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this Ordinance as whole, or any part thereof, other than the part declared to be invalid. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. 3 * OPTION ONE * SECTION 3. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. SECTION 4. INCLUSION IN THE CODE OF ORDINANCES. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the code. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on , provided that this Ordinance shall be filed with the Department of State as provided in section 125.66(2), Florida Statutes. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the _ day of , 2009. MayorGeorge Neugent Mayor Pro Tem Sylvia Murphy Commissioner Heather Carruthers Commissioner Mario DiGennaro Commissioner Kim Wigington (SEAL) Attest: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COl\IMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairperson 4 * OPTION TWO * ORDINANCE NO. - 2009 AN ORDINANCE CREATING MONROE COUNTY CODE SECTION 2-349, CHAPTER 2, ARTICLE VI; PROVIDING FOR BIDDING PREFERENCE FOR LOCAL BUSINESSES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners for Monroe County finds that it is in the best interest of the residents and taxpayers of Monroe County to support local businesses in that allowing a local preference in the procurement of goods and services encourages local industry, expands employment opportunities and increase the County's overall tax base; and WHEREAS, local businesses contribute to the economic development and well-being of Monroe County; WHEREAS, local businesses are often at a disadvantage when competing with other non-local businesses in that the cost of doing business is higher in Monroe County than in other areas of the State; and WHEREAS, the Monroe County Board of County Commissioners can offset the disadvantage suffered by local businesses by enacting a local preference ordinance; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY CO:MMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1. LOCAL PREFERENCE IN BIDDING ORDINANCE. Section 2-349, Chapter 2, Article VI, , Monroe County Code, is hereby created to read: Sec. 1. Lesdslative Intent Monroe County Board of County Commissioners finds that local businesses are often at a disadvantage when competing with other non-local businesses in that the cost of doing business in Monroe County is higher than other areas of the state and giving local businesses a preference in the procurement of goods and services serves a legitimate public purpose for the benefit of the taxpayer and residents of Monroe County as such preference encourages local industry, employment opportunities, and increases the County's overall tax base. Sec. 2. Definitions. * OPTION TWO * As used in this section, unless otherwise specified, the following words or terms shall have the meanings indicated: (a) General services means support services performed by an independent contractor requiring specialized knowledge, experience, or expertise that includes, but is not limited to, pest control, janitorial, laundry, catering, security, law maintenance, and maintenance of equipment. (b)Goods includes, but is not limited to, supplies, equipment, materials and printed matter (c) Local business means the vendor has a valid receipt of the business tax paid as issued by Monroe County tax collector for the business to provide the goods, services or construction to be purchased, and a physical business address located within Monroe County from which the vendor operates or performs business on a day-to-day basis that is a substantial eomponent ofthe goods or services being offered to Monroe County. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing a physical address. Vendors shall submit a copy of their receipt of the business tax paid and also affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a bid or proposal submitted to the County will lose the privilege to claim local preference status for a period of up to one year. The County Administrator, in his discretion, may also reeommend that the firm be referred for suspension of eligibility to claim the privilege of local preference. (d) Professional services includes any services where the County is obtaining advice, instruction, or specialized work from an individual, firm, or corporation specifically qualified in a particular area. Professional services does not include those services procured pursuant to Section 287.055, F.S. Sec. 3. Local Preference; Procedure. Except where otherwise provided by federal or state law or other funding source restrictions, purchases of goods, general services, or professional services under the Procurement code shall give preference to local businesses in the following manner: (1) Preferences in Bidding. In purchasing of, or letting of contract for procurement of, personal property, materials, contractual services, and construction of improvements to real property or existing structures in which pricing is the major consideration, the authorized purchasing authority of Monroe County may give a preference to local businesses in making such purchase or awarding such contract, as follows: (a) Individuals or firms which meet all of the criteria for a local business as set forth in this article, shall be given a preference in the amount of_percent L%)ofthe bid price. The maximum cost differential shall not exceed $20,000.00. Total bid price shall include the base bid and all alternatives or options to the base bids which are part of the bid and being recommended for award by the appropriate authority. 2 * OPTION TWO * (2) Preferences in request for proposals. In purchasing of, or letting of contracts for procurement of, personal property, materials, contractual services, and construction of improvements to real property or existing structures for which a request for proposals is developed with evaluation criteria, a local preference of the total score may be assigned for a local preference, as follows: 1) Individuals or firms which meet all of the criteria for a local business as set forth in this article, shall be given a preference in the amount of percent L%). Based upon analysis of the marketplace for each project, staff shall make a recommendation for or against inclusion of a local preference in the criteria for consideration by the Board as a part of the pre-approval agenda item for each request for proposal. Sec. 4. Waiver Provision. The application of local preference to a particular purchase, contract or category of contracts for which the Monroe County Board of County Commissioners is the awarding authority may be waived upon written recommendation of the county administrator and approval of the Monroe County Board of County Commissioners. The application of local preference to a particular purchase, contract, or category of contracts below the award authority of the Monroe County Board of County Commissioners may be waived upon written recommendation of the director of purchasing or division director and approval of the county administrator. Waiver of the application of the local preference is based upon analysis of the marketplace and in consideration of the special or unique quality of goods, services or professional services sought to be purchased by the County. Sec. 5. Notice. Both bid documents and request for proposal documents shall include notice to vendors of the local preference policy. SECTION 2. SEVERABILITY. Should any provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this Ordinance as whole, or any part thereof, other than the part declared to be invalid. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. SECTION 3. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. SECTION 4. INCLUSION IN THE CODE OF ORDINANCES. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the code. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on 3 * OPTION TWO * provided that this Ordinance shall be filed with the Department of State as provided in section 125.66(2), Florida Statutes. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the _ day of , 2009. MayorGeorge Neugent Mayor Pro Tem Sylvia Murphy Commissioner Heather Carruthers Commissioner Mario DiGennaro Commissioner Kim Wigington (SEAL) Attest: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairperson 4