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