HomeMy WebLinkAboutCity of Tamarac Ordinance O-2019-005Temp. Ord. # 2399
May 22, 2019
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-2019- 05-
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, AMENDING CHAPTER 6 OF THE CITY'S
CODE OF ORDINANCES, ENTITLED "FINANCE AND
TAXATION", SPECIFICALLY AMENDING ARTICLE V, ENTITLED
"TAMARAC PROCUREMENT CODE", BY CREATING SECTION
6-146.1, TO BE ENTITLED "LOCAL BUSINESS PREFERENCE";
PROVIDING FOR CODIFICATION; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Tamarac, in response to the
November 2010 amendment to the City Charter, adopted a new Procurement
Code to address form, functionality and operational best practices for procurement
in the City; and
WHEREAS, the City has a significant base of businesses within the
corporate/City Limits of the City of Tamarac that employ many residents of the City
and surrounding sister cities in the Broward County metropolitan area; and
WHEREAS, the City annually spends significant amounts on purchasing
personal property, materials, and contractual services and in constructing
improvements to real property or to existing structures; and
WHEREAS, the dollars used in making those purchases are derived, in
large part, from taxes, fees, and utility revenues derived from local businesses in
the corporate/City Limits of the City of Tamarac, and the City Commission has
determined that funds generated in and from the Tamarac community and from
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May 22, 2019
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those businesses in our sister cities in the Broward County metropolitan area
should, to the extent possible, be placed back into the local Tamarac economy;
and
WHEREAS, the City Commission of the City of Tamarac is supportive of
business with specific ties to the City of Tamarac and the greater Broward County
metropolitan area; and
WHEREAS, the City Commission of the City of Tamarac has determined
that amending the Tamarac Procurement Code to include a local business
preference is in the best interests of the individual and corporate citizens of the
City of Tamarac.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, THAT:
Section 1: The foregoing WHEREAS clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Ordinance upon adoption hereof.
Section 2: The City Commission of the City of Tamarac hereby amends
Chapter 6 of the City's Code Of Ordinances, entitled "Finance and Taxation",
specifically amending Article V, entitled "Tamarac Procurement Code", by creating
section 6-146.1, to be entitled "Local Business Preference", as follows:
Sec. 6-146.1, Local Business Preference.
(A) For the purpose of this section, the following definitions shall apply
unless the context clearly indicates or requires a different meaning.
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May 22, 2019
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BROWARD COUNTY CERTIFIED SMALL BUSINESS VENDOR. A
Broward County Certified Small Business entity must be certified by the
Broward County Office of Economic and Small Business Development and
provide proof of such certification to the city as part of any solicitation
response. The entity must show that it has maintained a permanent place
of business with full-time employees within the Broward County limits for a
minimum of one year prior to the date of issuance of a bid or proposal
solicitation. The permanent place of business may not be a post office box.
The business location must actually distribute goods or services from that
location. In addition, the business must have a current business tax receipt
from the Broward County or the ci!y within Broward County where the
business resides.
LOCAL TAMARAC VENDOR. A business entitv which has
maintained a permanent place of business with full-time employees within
the city limits for a minimum of one year prior to the date of issuance of a
bid or proposal solicitation. The permanent place of business may not be a
post office box. The business location must actually distribute goods or
services from that location. In addition, the business must have a current
business tax receipt from the City of Tamarac.
(B) Process.
(1) Competitive sealed bid. For bid evaluation purposes vendors
that meet the definition of local Tamarac vendor, as defined herein, shall be
given a 5% evaluation credit. This shall mean that if a responsive and
responsible local Tamarac vendor submits a bid/quote that is within 5% of
the lowest price submitted by any responsive and responsible vendor, the
local Tamarac vendor shall have an option to submit a best and final offer
(BAFO) which is at least 1 % lower than the lowest bid/quote. If the local
Tamarac vendor submits a bid which is at least 1 % lower than that lowest
responsive bid/quote, then the award will go to the local Tamarac vendor. If
not, the award will be made to the responsible vendor that submits the
lowest responsive bid/quote. If the lowest responsive and responsible
bidder is a local Tamarac vendor, the award will be made to that vendor and
no other bidders will be given an opportunity to submit additional bids as
described herein.
2) For bid evaluation aurooses. vendors that meet the definition of
Broward County Certified Small Business Vendor, as detailed herein shall
be given a 2.5% evaluation credit. This shall mean that if a responsive and
responsible Broward County Certified Small Business Vendor submits a
bid/quote that is within 2.5% of the lowest price submitted by any responsive
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and responsible vendor, the Broward County Certified Small Business
Vendor shall have an option to submit a BAFO which is at least 1 % lower
than the lowest bid/quote. If the Broward County Certified Small Business
Vendor submits a bid which is at least 1 % lower than that lowest responsive
bid/quote then the award will go to the Broward County Certified Small
Business Vendor. If not, the award will be made to the responsible vendor
that submits the lowest responsive bid/quote. If the lowest responsive and
responsible bidder is a local Tamarac vendor, the award will be made to
that vendor and no other bidders will be given an opportunity to submit
additional bids as described herein.
(3) If there is a local Tamarac vendor and a Broward County
Certified Small Business Vendor participating in the same bid solicitation
and both vendors qualify to submit a second bid as detailed above, the local
Tamarac vendor will be given first option. If the local Tamarac vendor
cannot beat the pricing for the lowest, responsive bid received by at least
1 % an opportunity will be given to the Broward County Certified Small
Business Vendor. If the Broward County Certified Small Business Vendor
cannot beat the pricing for the lowest, responsive bid by at least 1 %, then
the bid will be awarded to the lowest, responsive and responsible bidder
regardless of geographic location of the business.
(4) If multiple local Tamarac vendors submit bids/quotes which are
within 5% of the lowest, responsive bid/quote, then all responsible,
responsive vendors will be asked to submit a BAFO. The award will be
made to the local Tamarac vendor submitting the lowest BAFO providing
that that BAFO is at least 1 % lower than the lowest bid/quote received in
the original solicitation. If no local Tamarac vendor can beat the pricing for
the lowest responsive bid/quote by at least 1 %, then the process will be
repeated with all responsible Broward County Certified Small Business
Vendors who have submitted a responsive bid/quote which is within 2.5%
of the lowest bid/quote. If no local Tamarac vendor and no Broward County
Certified Small Business Vendor can submit a BAFO that is at least 1 %
lower than the lowest bid/quote submitted in the original solicitation, the
award will be made to the lowest, responsive and responsible bidder
regardless of geographic location of the business.
(C) Competitive sealed proposals (request for proposals). For evaluation
purposes local Tamarac vendor and Broward County Certified Small
Business Vendor shall be a criterion for award in any Request for Proposal
unless specifically exempted by the City Manager or the City Commission.
A vendor located outside of the City of Tamarac city limits is considered
equivalent to a Tamarac vendor and accorded the same preference if its
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proposal includes the utilization of subcontracts of at least ten (10) percent
of the scope of work provided for in the proposal for identifiable and
verifiable local Tamarac Vendor(s) as defined herein.
(D) The vendor seeking the local business preference has the burden to
show that it qualifies for the preference to the satisfaction of the City. Any
vendor that qualifies or fails to qualify as a Local Tamarac Vendor or a
Broward County Certified Small Business Vendor may not protest any
competitive solicitation solely on the basis of qualifying or failing to qualify
as a Local Tamarac Vendor or a Broward County Certified Small Business
Vendor.
(D) Exceptions.
(1) No local vendor preference will be included in any competitive
solicitation where the city is the lead agency for the Southeast Florida
Cooperative Purchasing Group or other recognized consortium or
cooperative group to which the City may be a member
(2) Utilization of a state or other agency contract;
(3) State or federal law prohibits the use of local preference;
(4) The work is funded in whole or in part by a governmental entity
where the laws, rules, regulations or policies prohibit the use of local
preferences;
L) Sole source or single source purchases;
(6) The local vendor is either non -responsive or non -responsible;
(7) All bids submitted exceed the budget amount for the project;
(8) Emergency purchases;
(9) The City Manager and/or the City Commission may exempt any
competitive solicitation from the local vendor preference at any point prior
to award of contract by the City Commission. The City Manager and/or the
City Commission shall not exercise this exemption in an arbitrary or
capricious manner.
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SECTION 3: It is the intention of the City Commission of the City of
Tamarac, Florida that the provisions of this Ordinance shall become and be made
a part of the Code of Ordinances of the City of Tamarac, Florida, and that the
Sections of this Ordinance may be renumbered, re -lettered and the word
"Ordinance" may be changed to "Section," "Article" or such other word or phrase
in order to accomplish such intention.
SECTION 4: If any clause, section, or other part or application of this
Ordinance shall be held by any court of competent jurisdiction to be
unconstitutional or invalid, such unconstitutional or invalid part or application shall
be considered as eliminated and so not affecting the remaining portions or
applications remaining in full force and effect.
SECTION 5: All Ordinances or parts of Ordinances, Resolutions or parts of
Resolutions in conflict herewith be and the same are hereby repealed to the extent
of such conflict.
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SECTION 6: This Ordinance shall become effective immediately upon
adoption.
PASSED, FIRST READING this tJ DAY OF , 2019.
PASSED, SECOND READING this DAY OF �`� , 2019.
ATTEST
BY:)4'f7
MAYOk MICHELLE J. 60MEZ
RECORD OF COMMISSION VOTE: 1ST Reading
PATRICIA TEUFE�, CMC MAYOR GOMEZ
CITY CLERK DIST 1: COMM. BOLTON
DIST 2: COMM. GELIN
DIST 3: COMM. FISHMAN
DIST 4: V/M COMM. PLACKO
RECORD OF COMMISSION VOTE: 21'�D Reading
MAYOR GOMEZ 2
DIST 1: COMM. BOLTON
DIST 2: COMM. GELIN�
DIST 3: COMM. FISHMAN
DIST 4: V/M COMM. PLACKO
I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form
n
- , �s
S L S. GORE
CITY ATTORNEY
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