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HomeMy WebLinkAboutResolution No. 2026-003R CLERWON-r CITY OF CLERMONT � «— RESOLUTION NO. 2026-003R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, APPROVING AND ADOPTING AMENDMENTS TO THE CITY'S PROCUREMENT PROCEDURES TO ESTABLISH A LOCAL PREFERENCE EVALUATION COMPONENT APPLICABLE ONLY TO REQUESTS FOR PROPOSALS; PROVIDING FOR CONSISTENT APPLICATION; PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR,PUBLICATION AND AN EFFECTIVE DATE. WHEREAS, Chapter 166, Florida Statutes, authorizes municipalities to adopt ordinances and resolutions in the exercise of its municipal powers; and WHEREAS,pursuant to the Florida Constitution,and as described in City of Port Orange v. Leechase Corp., 430 So.2d 534 (Fla. 5th DCA 1983), Marriott Corp. v. Metropolitan Dade County, 383 So.2d 662 (Fla. 3d DCA 1980), and Adolphus v. Baskin, 116 So. 225 (Fla. 1928), municipalities may not engage in certain discriminatory practices in procurement without a proper legislative enactment;and WHEREAS,the City Council of the City of Clermont finds it necessary and appropriate to amend the City's Procurement Procedures to support local businesses by encouraging the retention of public funds generated from local tax revenue within the local economy,while maintaining a fair, transparent, and competitive procurement process through the use of clearly defined evaluation criteria applicable to Requests for Proposals;and NOW, THEREFORE, be it resolved by the City Council of the City of Clermont, Lake County, Florida,that: SECTION 1: AMENDMENT TO PROCUREMENT PROCEDURES The city finds it in the public interest to support local businesses, vendors, and residents by amending the City's Procurement Procedures as described in Exhibit A, attached to this Resolution,to add a new Section G.5.d. SECTION 2: CONFLICT All resolutions or parts of resolutions in conflict with any of the provisions of this Resolution are hereby repealed. SECTION 3: SEVERABILITY If any portion of this Resolution is declared invalid, the invalidated portion shall be severed from the remainder of the Resolution, and the remainder of the Resolution shall continue in full force and effect as if enacted without the invalidated portion, except in cases where such continued validity of the remainder would clearly and without doubt contradict or frustrate the intent of the Resolution as a whole. CAR' �, CITY OF CLERMONT � a« RESOLUTION NO.2026-003R SECTION 4: ADMINISTRATIVE CORRECTION This Resolution may be re-numbered or re-lettered, and/or corrected for typographical and/or scrivener's errors which do not affect the intent of said resolution, as authorized by the City Manager or designee, without need of public hearing,by filing a corrected copy of same with the City Clerk. SECTION 5: EFFECTIVE DATE This Resolution shall be effective on January 13th,2026. S CLE ' NT, CITY OF CLERMONT �fch-4— RESOLUTION NO. 2026-003R NOW, THEREFORE, BE IT RESOLVED, that the above said resolution of the City Council of the City of Clermont, Lake County, Florida be adopted on this 13th day of January 2026. r�.•a '� �ta :^r: CITY OF CLERMONT, FLORIDA ': s` Tim Murry, Mayo y Tracy Ackroyd owe, MC City Clerk Approved as to form and legality Christian . Wau , City Attorney EXHIBIT A Additional Evaluation Factors for RFPs (Local Preference) The City finds it in the public interest to support local businesses by encouraging the retention of public funds generated from local tax revenue within the local economy. Accordingly, for Requests for Proposals (RFPs) only, evaluation criteria may include a local preference component. Proposers located within the City of Clermont may receive up to five (5) evaluation points, and proposers located outside the City of Clermont may receive up to two (2) evaluation points. The availability and allocation of local preference points shall be expressly stated in the applicable RFP. To be considered a proposer located within the City of Clermont and eligible to receive up to five (5) evaluation points, the proposer must meet all of the following requirements: (1) Maintain a headquarters, manufacturing facility, home office, locally-owned franchise, or operating branch physically located within the City of Clermont, Florida; (2) Have been in continuous operation at that location for a minimum of one (1)year prior to the issuance of the applicable Request for Proposals (RFP); and (3) Within the one (1) year period preceding issuance of the Request for Proposals (RFP), have paid commercial real property taxes, filed a tangible personal property tax return, held a valid City of Clermont business tax receipt, or otherwise demonstrated lawful business activity within the City, as determined by the Procurement Director.