2010-08-C CITY OF CLERMONT
ORDINANCE NO. 2010 -08 -C
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, PROVIDING FOR
LOCAL VENDOR PREFERENCE FOR SOUTH LAKE COUNTY
INDIVIDUALS, FIRMS OR COMPANIES WITH REGARD TO
THE PROCUREMENT OF PRODUCTS, MATERIALS AND
SERVICES BY THE CITY OF CLERMONT; PROVIDING THAT
QUALIFIED LOCAL VENDORS SHALL IN CERTAIN
INSTANCES BE PROVIDED AN OPPORTUNITY TO MATCH
THE LOWEST PRICE BID AND BE AWARDED THE CONTRACT
AT THE LOWEST AMOUNT IF THE LOCAL VENDOR IS
OTHERWISE FULLY QUALIFIED TO MEET CITY
REQUIREMENTS; PROVIDING THAT ALL OTHER
PROVISIONS OF THE CITY'S PURCHASING POLICY AND
APPLICABLE LAW SHALL REMAIN IN EFFECT AND APPLY
TO AND GOVERN PURCHASES BY THE CITY; PROVIDING
FOR SEVERABILITY, CONFLICT, EFFECTIVE DATE AND
AUTOMATIC REPEAL.
WHEREAS, the City Council of the City of Clermont, Florida has determined
and does hereby find that there is a need to promote business enterprises that own
property, operate businesses and offices, employ individuals and pay taxes within South
Lake County; and
WHEREAS, the City Council of the City of Clermont, Florida has determined
and does hereby find that it is in the best interest of the City of Clermont, its citizens and
the business community of Clermont and South Lake County to create and establish a
local vendor preference with regard to the procurement of products, materials and
services for a period of two years.
NOW, THEREFORE, BE IT ORDAINED by the City
Council of the City of Clermont, Lake County, Florida, as follows:
SECTION 1.
The City of Clermont Local Preference Purchasing Ordinance is hereby adopted and shall
read as follows:
PREFERENCE
LOCAL PREFERENCE.
There is herby established a local vendor preference that shall apply to all purchases or
acquisitions of products, materials and services of the City of Clermont, except as may be
exempted herein or by applicable State or Federal Law.
CITY OF CLERMONT
ORDINANCE NO. 2010 -08 -C
(1) "Local Preference" applies 10 South Lake County persons, firms,
and /or corporations which meet the established criteria set forth below.
The local preference is subject to the policies and procedures as
established by the City of Clermont Purchasing Policy. In all purchases
or acquisitions of products, materials and services by the City of
Clermont, qualified South Lake County persons, firms, and /or
corporations shall receive a local vendor preference as set forth below:
(a) When written bids, responses to request for proposals or quotations
are received by the City as part of the competitive sealed bid
process, and the lowest price is offered by an individual or entity
that is not a South Lake County person, firm and /or corporation
and the next lowest price bidder is a South Lake County
person, firm and /or corporation, the South Lake County
individual or entity will be given an opportunity to match the
lowest price offered. If an agreement is reached to match the
lowest price and the South Lake County individual or entity is
otherwise fully qualified and meets all City requirements,
the bid shall be awarded to the South Lake County
individual or entity at the lowest price.
(b) For purposes of the preference provided herein, the South Lake
County individual or entity shall be deemed the next lowest
price bidder only if:
1) For proposed contracts with a City determined budget of
less than $200,000, the South Lake County individual or
entity is the next lowest price bidder and that bid is
within six percent (6 %) or less of the lowest price bid.
2) For proposed contracts with a City determined budget of
$200,000 to Tess than $1,000,000, the South Lake
County individual or entity is the next lowest price bidder
and that bid is within four and one -half percent (4.5%) or
less of the lowest price bid.
3) For proposed contracts with a City determined budget of
$1,000,000 to less than $5,000,000, the South Lake
County individual or entity is the next lowest price bidder
and that bid is within three and one -half percent (3.5 %)
or less of the lowest price bid.
4) For proposed contracts with a City determined budget of
$5,000,000 or greater, the South Lake County individual or
entity is the next lowest price bidder and that bid is
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CITY OF CLERMONT
ORDINANCE NO. 2010 -08 -C
within two and three- quarters percent (2.75 %) or less of
the lowest price bid.
(c) In order to receive the local vendor preference provided herein, a
South Lake County individual or entity that qualifies as the next
lowest price bidder hereunder, must unconditionally agree in
writing to match the lowest price bid by 8:30am on the third
regular business day after the date of the bid opening.
(d) For bid responses that include line -item and /or unit pricing, the
qualified South Lake County individual or entity must agree to
reduce each line or unit pricing item by a percentage amount
equal to the applicable percentage difference that qualifies it for
the local vendor preference hereunder.
(2) To qualify as a "South Lake County person, firm, and /or corporation," a
vendor must meet one or more of the following criterion for purposes of
this section 2 "South Lake County" shall be defined as that area set forth
and described in Exhibit "A ", attached hereto and incorporated herein:
(a) Have its headquarters, manufacturing facility, or locally -owned
franchise located in, or having a street address within, the
boundaries of South Lake County, as described in Exhibit "A"
for at least one (1) year immediately prior to the issuance of the
request for quotation, proposal or formal bid solicitation.
Post office boxes do not qualify as a verifiable business
address;
(b) Employs thirty percent (30 %) or more full time employees whose
primary residence is located within the boundaries of South
Lake County, as described in Exhibit "A "; or
(c) The Owner /Principal of the business maintains his or her primary
residence within the boundaries of South Lake County, as
described in Exhibit "A ".
(3) Unless the vendor has been pre - determined by the City to meet the above -
referenced criterion, a Local Vendor Affidavit of Eligibility, in a form
approved by City, shall accompany the quotation, proposal or bid
submittal in order to be considered valid. The City at anytime, for
purposes of validating eligibility hereunder, may request the vendor
provide the following current information:
(a) a physical business address;
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CITY OF CLERMONT
ORDINANCE NO. 2010 -08 -C
(b) a copy of a cuirent Lake County Local Business Tax Receipt;
formerly known as an "occupational license ", to verify the
business location;
(c) proof of payment of real and /or tangible property tax due to Lake
County;
(d) a copy of the firm's or corporation's Articles of Incorporation and
its Florida Certificate of Incorporation. If the company is not
incorporated, a list of names and addresses of all owners /partners
and percentage of ownership for each as well as a Fictitious
Name Registration shall be provided;
(e) a complete list of all employees, an address for each employee, and
proof of payment to each employee such as a payroll and /or
cancelled check;
(f) any additional information necessary to verify local status.
(4) Any South Lake County entity or individual that is awarded a contract by
virtue of this local vendor preference shall maintain the above -
referenced applicable criteria throughout the term of the awarded contract.
As part of the contract, the individual or entity shall agree that if he,
she or it no longer qualifies as an eligible Lake County individual or
entity, that it will credit the City under the applicable contract an
amount equal to the percentage differential referenced above. The
contract shall further provide that in the event that the amount
owed under the terms of the contract at the time the individual or entity
is determined to no longer be eligible for the preference herein, is less
than the percentage differential, the individual or entity shall reimburse
the City for the subject amount.
(5) Exceptions to this policy shall include, but are not limited to, the
following:
(a) purchases that are funded in whole or in part by assistance from
any federal, state, or local agency that disallows local preference;
(b) purchases made through a cooperative agreement (i.e., one or more
agencies combining requirements in order to benefit from
discounts that may be obtained through volume purchasing);
(c) purchases made from another state, federal or other governmental
agency's agreements or contracts (i.e. piggy- backing);
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CITY OF CLERMONT
ORDINANCE NO. 2010 -08 -C
(d) purchases subject to Section 287.055, Florida Statutes, the
Consultants' Competitive Negotiation Act, as amended.
(6) Procurements subject to formal proposal where price is not a primary
factor and /or is not part of the criterion are not subject to local vendor
preference; however, a firm's location may be considered in the evaluation
criterion.
(7) Notwithstanding anything contained herein to the contrary, the City
reserves its right to r41ect any bid received as non - responsive at any time
prior to the award of a contract.
SECTION 2. Severability.
It is declared to be the intent of the City Council that, if any section, subsection, sentence,
clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional
by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision, and such holding shall not affect the validity of the remaining
portions hereof.
SECTION 3. Conflict.
Any portion of the Clermont Code, the Land Development Code or any Ordinance or
Resolution or part thereof in conflict with this Ordinance is hereby repealed to the extent of
such conflict.
SECTION 4. Codification.
The text of this Ordinance shall not be codified, provided, however, that a copy of this
Ordinance shall be maintained in the Office of the City Clerk and the Purchasing Manager.
SECTION 5. Effective Date.
This Ordinance shall take effect upon its adoption as provided by law, thereafter shall sunset
and be automatically repealed two years from the date of its adoption.
5
CITY OF CLERMONT
ORDINANCE NO. 2010 -08 -C
PASSED AND ADOPTED by the City Council of the City of Clermont, this 27 day of
July, 2010.
CITY OF CLERMONT
Harold S. Turville, Jr., Mayor
ATTEST:
Vit '
Tracy Ack n yd, City Clerk
•
•
6
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