HomeMy WebLinkAbout2009-010ORDINANCE NO. 2009- Ljj0
AN ORDINANCE AMENDING CHAPTER 105 (PURCHASING) OF
THE CODE OF ORDINANCES OF INDIAN RIVER COUNTY,
FLORIDA TO CREATE NEW SECTION 105.041 TO PROVIDE A
LOCAL PREFERENCE POLICY AND PROCEDURE FOR LOCAL
BUSINESSES IN COUNTY CONTRACTS; PROVIDING FOR REPEAL
OF OTHER CONFLICTING ORDINANCES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
INDIAN RIVER COUNTY; PROVIDING FOR FILING WITH THE
DEPARTMENT OF STATE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Board of County Commissioners of Indian River County has
adopted a Purchasing Ordinance, codified in chapter 105 of The Code; and
WHEREAS, pursuant to Article VIII, Section 1 of the Florida Constitution and Florida
Statutes section 125.01, the Board of County Commissioners of Indian River County
('Board") has all powers of local self-government to perform County functions.
WHEREAS, the Board of County Commissioners desires to amend the Purchasing
Ordinance to include a local preference policy and procedure to provide locally owned and
operated companies preference in Indian River County procurement, as set forth herein.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Indian River County, Florida:
PART I: AMENDMENTS TO CHAPTER 105 OF THE CODE OF INDIAN RIVER
COUNTY.
SECTION 1. CREATION OF NEW SECTION 105.041. Section 105.041 of the Code is
created to read as follows
Section 105.041 LOCAL PREFERENCE IN PURCHASING OR CONTRACTING
A. DEFINITIONS
(1) "Local business" shall mean a business that meets all of the following criteria:
(a) Has had a staffed
and fixed office or distribution point with a verifiable
street address located within Brevard•
Indian River Martin Okeechobee Osceola; or St.
Lucie County for at least one (1) full calendar
year immediately prior to the issuance of the
request for competitive bids or request
for proposals by the County. Post office boxes shall
not be used or considered for the purpose
of establishing a physical address; and
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(b) Has had for at least 12 months prior to the date of the advertisement
for the particular good or service being solicited a current "Local Business Tax Receipt'
issued by Brevard Indian River: Martin Okeechobee; Osceola: or St. Lucie County, if
applicable; and
(c) Holds any license or competency card required by Indian River County: if
applicable and
(d) if the contract is awarded will be the person or entity in direct privity of
contract with Indian River County and not as subcontractor, or any lower -tier subcontractor,
materialman or supplier.
(2) "Non -local business" means a bidder that is not a local business as defined
herein.
B. CERTIFICATION.
Any person or entity claiming to be a local business as defined herein and desiring to
receive local preference shall complete and submit together with all required attachments
a "Local Business Certification Form " in the form provided by the County and contained
within the bid package accompanying a public notice/advertisement. Any bidder who fails
to complete and submit the "Local Business Certification Form" together with all required
attachments with their bid shall not be granted local preference consideration for the
purposes of that specific contract award The Purchasing Division shall determine if a
person or entity meets the definition of a "local business."
C. LOCAL PREFERENCE IN PURCHASES BY MEANS OF COMPETITIVE BID.
In connection with any solicitation to which this Ordinance applies Indian River County will
give preference to local businesses in the following manner:
1 When
a qualified and
responsive non -local business submits the lowest price bid
(herein
"Apparent Low
Bidder') and the bid submitted by one or more qualified and
responsive local businesses is equal to or within five percent (5%) of the price submitted by
the Apparent
Low Bidder, then the local business with the apparent next -lowest qualified
and responsive
bid offer
(herein the "Lowest Local Bidder") shall have the opportunity to
submit an offer to match
the price(s) offered by the Apparent Low Bidder as follows:
(a) the Purchasing Division shall invite in writing by e-mail, fax or certified mail, the
Lowest Local Bidder to submit a written matching offer to the Purchasing Division (herein
"Invitation");
(b) the Lowest Local Bidder may, but shall not be obligated to submit a written matching
offer to the Purchasing Division within five (5) business days after receipt of the Invitation;
(c) If the Lowest Local Bidder submits a written offer that matches the bid from the
Apparent Low Bidder, such written offer shall be accepted and the Lowest Local Bidder
shall be awarded the contract;
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(d) If the Lowest Local Bidder submits a written offer that does not match the bid from the
Apparent Low Bidder, such written offer shall be refected; and
(e) thereupon the next successive lowest qualified and responsive local bidder, if and only
if their bid is less than or within five percent (5%) of the Apparent Low Bidder will receive
the Invitation.
(f) This cycle shall be repeated until there are no remaining local bidders less than orwithin
five percent (5%) then award shall be made to the Apparent Low Bidder
2 If the Lowest Local Bidder and successive next lowest local bidders do not respond,
decline or are unable to match the Apparent Low Bidder bid price(s), then award will be
made to the Apparent Low Bidder.
D. BOARD APPROVAL OF CHANGE ORDERS.
In the event a Local Bidder is awarded a contract pursuant to this Ordinance, all requests
for change orders increasing the cost of the project must be approved by the Board of
County Commissioners.
E. NOTICE.
All solicitations that are subject to this Ordinance shall include the substance of this local
preference Ordinance and the "Local Business Certification Form".
F. EXCLUSIONS AND LIMITATIONS.
1 Waiver of local preference.
The application of this Ordinance to a particular purchase or contract of the Board of
County Commissioners may be waived only prior to bid solicitation/advertisement and with
the approval of the Board of County Commissioners.
2 The provisions of this Ordinance shall not apply where prohibited by federal law or
Florida law, or under the conditions of any grant or other funding source.
3 The provisions of this Ordinance shall not apply to contracts under the Consultants
Competitive Negotiation Act (CCNA) Florida Statutes Section 287.055, as CCNA allows
consideration of location in the evaluative process.
4 The provisions of this Ordinance shall not apply to any procurement where the local
nature of a business has been addressed through scoring criteria.
5 The General Services Department shall be responsible for developing implementing,
and maintaining administrative procedures in support of this policy.
G. SUBSEQUENT REVIEW AND SUNSET PROVISION.
On or about six months after the Effective Date of this Ordinance the General Services
Department will provide the Board with the results to date of this local preference policy
and the status of regional reciprocity for Indian River County businesses by Brevard;
Martin: Okeechobee: Osceola; and St Lucie Counties Within one year after the first bid
awarded under this policy, the Board shall receive a similar report from the General
Services Department and shall determine whether to continue or modify this policy.
Nothing in this section shall prevent the Board from taking action sooner to revise or
remove this local preference policy.
PART II: GENERAL PROVISIONS
SECTION 1: REPEAL OF CONFLICTING ORDINANCES. The provisions of any other
Indian River County Ordinance that are inconsistent or in conflict with the provisions of this
Ordinance are repealed to the extent of such inconsistency or conflict.
SECTION 2, SEVERABILITY. It is declared to be the intent of the Board, that if any
section, subsection, sentence, clause, or provision of this Ordinance is held invalid, the
remainder of the Ordinance shall be construed as not having contained such section,
subsection, sentence, clause, or provision, and shall not be affected by such holding.
SECTION 3. INCLUSION INTO THE CODE OF ORDINANCES. It is the intent of the
Board that the provisions of this Ordinance shall become and be made part of the Indian
River County Code of Ordinances and that the sections of this Ordinance may be
renumbered or relettered to accomplish such, and the word "ordinance" may be changed
to "section", "article", or any other appropriate word.
SECTION 4. FILING WITH DEPARTMENT OF STATE; EFFECTIVE DATE. A certified
copy of this Ordinance shall be filed with the Department of State by the Clerk to the Board
immediately after adoption of this Ordinance. This Ordinance shall take effect on August 1,
2009. This Ordinance shall not affect any solicitations/advertisements that were issued
before the Effective Date hereof.
This Ordinance was advertised in the Vero Beach Press Journal on July 3, 2009, for a
public hearing to be held on July 14, 2009. During the July 14, 2009, public hearing, this
Ordinance was moved for adoption by Commissioner F1 P char and seconded
by Commissioner Davis and adopted by the following vote:
Chairman
Vice -Chairman
Commissioner
Commissioner
Commissioner
Wesley S. Davis
Joseph E. Flescher
Gary C. Wheeler
Peter D. O'Bryan
Bob Solari
AYF
AYF
NAY
AYE
NAY
DULY PASSED AND ADOPTED THIS 14th DAY OF JULY, 2009.
Attest2J.K. B ,Clerk
BY 44e
Deputy Cle
INDIAN RIVER COUNTY BOARD OF
COUNTY COMMISSIONERS
B
Wesley S;;.' Ja6is,�Chairman,
Approved:
A\Baird, County
Approved as to form
agal suffici/e
Marian E. Fell
Senior Assistant County Attorney
EFFECTIVE DATE: This Ordinance was filed with the Department of State on the a.26—'-
day
2D"day of July, 2009, and becomes effective on August 1, 2009.
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INDIAN RIVER COUNTY
GENERAL SERVICES DEPARTMENT
PURCHASING DIVISION
INTEROFFICE MEMORANDUM
Date: June 29, 2009
To: Will Collins, County Attorney
From: Jerry Davis, Purchasing Manager 96L�
Subject: Local versus non -local bid award comparison
The Purchasing Division has compiled data from FY 08/09 bids for the purpose of comparing bid
award amounts for local vendors versus non -local vendors. The detail below indicates the percentage
amount the local bid exceeds the awarded non -local bid where such a condition exists.
A total of 27 bids were awarded during the period October 2008 to the present. Several road building
material bids were awarded to multiple local vendors therefore are not included in this detail. Request
for Proposals and Request for Qualifications were not considered in this comparison.
Local area considered for this comparison includes the counties of Indian River, St. Lucie, Martin,
Brevard, Okeechobee and Osceola.
Item
Description
Total
# of
Bids
Total # of
Local
Bids
Lowest
Local Bid
Location of
Lowest Local
Bid
Awarded
Bid
Amount
Awarded Bidder
Location
%Difference
of Local Over
Awarded Bid
Cartridge Filters
5
1
$6.05 ea.
Stuart
$5169 ea.
Medley, FL
+63%
Polymer
4
1
$44P360
_
Titusville
$37,409
Riceboro, CA
-1-18.6%-
Aluminum
Signs
7
1
$1705765
Ft. Pierce
$139,914
Jackson
MS
+22°/a
Elevator
Maint
4
1
$31,428
Vero Beach
$21840
Orlando FI
+43.9%
Overhead Doors
7
3
$93450
Vero Beach
$6,450
Apopka, FL
+47%
Road Work
5
5
S72498
Indiantown
$72,498
Indiantown, FL
Labor Contract
6
4
$129404
Indiantown
$129404
Indiantown FL
--
Furnish Sod
4
3
$95,000
Fellsmere
$95,000
Fellsmere FL
--
Caustic Soda
3
0
NIA
N/A
$448,500
Miami, FL
Traffic Signal Equip
Instrument Tech
3
1
0
0
N/A
N/A
N/A
N/A
$81239
$21 600
_§yriniz. TX
Bradenton FL
--
Catch Basins
1
0
NIA
N/A
$1082784
Medley,FL
--
Day Labor Services
4
1
$11.15 hr
Vero Beach
$11.15
hr
Vero Beach, FL
-
TrafficSi nal Wire
2
0
NIA
NIA
$14249
Hallandale FL
-
Annual bid for sidewalks
10
5
$23 s d
Ft. Pierce
$23 S d
Ft. Pierce, FL
-- -
Utilities Pro'ect
7
5
$30 706
Vero Beach
$12,7L6
Vero Beach FL
E
Boat Ram Re airs
9
7
$107,800
Vero Beach
$1072800
Vero Beach,
FL
Biosolids Facili
12
3
S4 687,570
Vero Beach
$4,687,570
Vero Beach FL
--
SR60 Utili Work
Roll -Off Containers
11
3
8
0
$1,098 116
N/A
Ft. Pierce
N/A
$1,0985116
$33,380
Ft. Pierce
Eaton Park, FL
--
Utilities Pum
4
0
N/A
N/A
$9,527
Sanford FL
-
Housing Renovations
Demolitions 3
Aluminum Sulfate
Electric U ade
I 1
24
2
9
3
13
0
1
$2 715,334
$9 144
N/A
1 $24142U
Ft. Pierce
Melbourne
N/A
I Melbourne
$2 715,334
$9 144 Me
$33 Olt
1 $24,420
Ft. Pietce, FL *
1 , FL +
Stafford TX
Melbourne FL *
-
-
--
--
R Indian River County bidder was nor un: row uruucr.
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