Loading...
HomeMy WebLinkAboutCity of Tamarac Ordinance O-2019-005Temp. Ord. # 2399 May 22, 2019 Page 1 of 7 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 (00296773.4 2704-0501640) CODING: Words in stFike thFough type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. # 2399 May 22, 2019 Page 2of7 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. (00296773.4 2704-0501 "0) CODING: Words in stFike thm uo type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. # 2399 May 22, 2019 Page 3 of 7 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 {00296M.4 2704-0501640) law; �,, CODING: Words in strike +ti,,,,ti type are deletions from the existing Words in underscore type are additions. Temp. Ord. # 2399 May 22, 2019 Page 4 of 7 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 (00296773.4 2704-05016401 CODING: Words in stFike through type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. # 2399 May 22, 2019 Page 5 of 7 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. {00296-173.4 2704-0501640) CODING: Words in strike thFO g type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. # 2399 May 22, 2019 Page 6of7 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. (00296773.4 2704-0501640) CODING: Words in strike throug,14 type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. # 2399 May 22, 2019 Page 7 of 7 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 (00296773.4 2704-0501640) CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions.