§ 2-349. Local preference in bidding.

(a)

Legislative intent. Monroe County Board of County Commissioners finds that local businesses are often at a disadvantage when competing with other non-local businesses in that the cost of doing business in Monroe County is higher than other areas of the state and giving local businesses a preference in the procurement of goods and services serves a compelling public purpose for the benefit of the taxpayer and residents of Monroe County as such preference encourages local industry, employment opportunities, and increases the county's overall tax base.

(b)

Definitions. As used in this section, unless otherwise specified, the following words or terms shall have the meanings indicated:

General services means support services performed by an independent contractor requiring specialized knowledge, experience, or expertise that includes, but is not limited to, pest control, janitorial, laundry, catering, security, lawn maintenance, and maintenance of equipment.

Goods includes, but is not limited to, supplies, equipment, materials and printed matter.

Local business means the vendor has a valid receipt of the business tax paid as issued by Monroe County tax collector at least one year prior to the notice of request for bids or proposals for the business to provide the goods, services or construction to be purchased, and a physical business address located within Monroe County from which the vendor operates or performs business on a day-to-day basis that is a substantial component of the goods or services being offered to Monroe County. The physical business address must be registered with the Florida Department of State as its principal place of business for at least one year prior to the notice of request for bids or proposals. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing a physical address. Vendors shall submit a copy of their current receipt of the business tax paid and also affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section.

Prime contractor means any person who has a contract with the county to provide specific construction services, sales, supplies, materials, professional services, labor and/or equipment.

Professional services includes any services where the county is obtaining advice, instruction, or specialized work from an individual, firm, or corporation specifically qualified in a particular area. Professional services does not include those services procured pursuant to F.S. § 287.055.

Subcontractor means any person providing goods and/or services to a prime contractor for profit, if such goods and/or services are procured or used in fulfillment of the prime contractor's obligations arising from a contract with the county, except persons providing goods to a prime contractor whose contract with the county is for the provision of materials, equipment or supplies.

(c)

Local preference: procedure. Except where otherwise provided by federal or state law or other funding source restrictions, purchases of goods, general services, or professional services under the competitive bidding procedures as set forth in section 2-347 shall give preference to local businesses in the following manner:

(1)

Preferences in bidding. In purchasing of, or letting of contract for procurement of, personal property, materials, contractual services, and construction of improvements to real property or existing structures in which pricing is the major consideration, the authorized purchasing authority of Monroe County shall give a preference to local businesses in making such purchase or awarding such contract, as follows:

a.

Individuals or firms which meet all of the criteria for a local business as set forth in this section, and when the individuals or firms are a responsive and responsible bidder a local preference shall be given in an amount not to exceed two and one-half percent of the lowest nonlocal responsive and responsible bidder. (For notation only: percentage requested by the contractor's association). Total bid price shall include the base bid and all alternatives or options to the base bids which are part of the bid and being recommended for award by the appropriate authority.

b.

Preference as applied in subcontracting of goods, services or construction.

1.

If the prime contractor subcontracts 50 percent or more of the goods, services or construction to other "local businesses" which meet all of the criteria as set forth in this section. The prime contractor shall be given a preference in an amount not to exceed two and one-half percent of the lowest nonlocal responsive and responsible bidder.

2.

If the prime contractor does not maintain its 50 percent minimum subcontracting of "local businesses" which resulted in the award of the contract the penalties of subsection (f) apply.

3.

Vendors that meet the criteria for a "local business" as set forth in this section shall be entitled to a two and one-half percent preference of the nonlocal responsive and responsible bidder. If the "local business" complies with subsection (1)(b) regarding subcontracting of goods, services or construction to other "local businesses" it will be entitled to an additional two and one-half percent preference of the lowest nonlocal responsive and responsible bidder. Any preference under this section shall not exceed five percent of the lowest nonlocal responsive and responsible bidder if all conditions are met.

(2)

Preferences in request for proposals. In purchasing of, or letting of contracts for procurement of, personal property, materials, contractual services, and construction of improvements to real property or existing structures for which a request for proposals is developed with evaluation criteria, the evaluation criteria may include evaluation factors which recognize a preference for "local businesses" including, but not limited to, response time, experience in complying with or applying local regulations, local references, employment of local residents, and familiarity with the local market. A local preference may be assigned as follows:

a.

Individuals or firms which meet all of the criteria for a local business as set forth in this section, may be given a preference by awarding additional points in the overall scoring system as part of the overall evaluation factors of the selection committee.

b.

Based upon analysis of the marketplace for each project, staff shall make a recommendation for or against inclusion of a local preference in the evaluation criteria and set forth the additional points that will be available to "local businesses" as part of the pre-approval agenda item for each request for proposal considered by the board.

(d)

Waiver provision. The application of local preference to a particular purchase, contract or category of contracts for which the Monroe County Board of County Commissioners is the awarding authority may be waived upon written recommendation of the county administrator and approval of the Monroe County Board of County Commissioners at the time of the award. The application of local preference to a particular purchase, contract, or category of contracts below the award authority of the Monroe County Board of County Commissioners may be waived upon written recommendation of the affected department head and approval of the county administrator. Waiver of the application of the local preference is based upon analysis of the marketplace and in consideration of the special or unique quality of goods, services or professional services sought to be purchased by the county.

(e)

Notice. Both bid documents and request for proposal documents shall include notice to vendors of the local preference policy.

(f)

Penalties.

(1)

Misrepresentation. A vendor who misrepresents the local preference status of its firm in a bid or proposal submitted to the county will lose the privilege to claim local preference status for a period of up to one year from the date of the award of the contract or upon completion of the contract whichever is greater. The county administrator, in his discretion, may also recommend that the firm be referred for suspension of eligibility to claim the privilege of local preference.

(2)

Failure to maintain local business preference qualifications. Any vendor that does not maintain its local preference status or its 50 percent minimum subcontracting of local businesses which resulted in the awarded contract shall be in breach of contract and will be subject to termination of the contract, suspension of payments under the contract, and loss of the local preference status on the contract awarded.

(3)

Lack of good faith. The contractor or firm may show that it attempted through reasonable and objective means and in good faith to comply with the terms of the contract relating to local businesses but was unable to comply. If the county determines that the contractor or firm did not act in good faith, all amounts paid to the contractor or firm under the county contract intended for expenditure with the local business shall be forfeited and recoverable by the county. In addition, the contract may be rescinded and the county may return all or a portion of the goods received and recover all amounts paid under the contract for the goods which were returned.

( Ord. No. 023-2009, § 1 ; Ord. No. 004-2015, § 1 ; Ord. No. 025-2015 , § 4)