R17-076 1 RESOLUTION NO. R17-076
2 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
3 FLORIDA, AUTHORIZING THE CITY MANAGER TO
4 IMPLEMENT PROCEDURES FOR LOCAL BUSINESS.
5 PREFERENCE BY ADMINISTRATIVE POLICY NO.
6 10.14.01; AND PROVIDING AN EFFECTIVE DATE
7
8 WHEREAS, the City has determined that increasing the opportunity for businesses
9 within the City's boundaries to provide goods and services to the City serves the general
10 welfare of the residents of the City and in an effort to provide a positive impact to the City's
11 local economy and expand the capabilities and capacities of our local companies, the City
12 desires to provide locally owned and operated companies preference in the purchasing policy
13 system within the City; and
14 WHEREAS, a "local business" is any person, firm, partnership, company or
15 corporation authorized to do business in Florida that has a valid business tax receipt issued by
16 the City for at least one (1) year prior to solicitation and a physical address within the City
17 from which the vendor lawfully performs and operates; and
18 WHEREAS, through the City's local businesses, the City seeks to create pathways to
19 build, retain and transfer economic growth to the local community thereby creating true
20 economic empowerment and increased local economic activity in other small business; and
21 WHEREAS, the City Commission for the City of Boynton Beach approves and
22 authorizes the City Manager to implement procedures for Local Business Preference by
23 Administrative Policy No. 10.14.01.
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
25 THE CITY OF BOYNTON BEACH,FLORIDA THAT:
26 Section 1. The above referenced whereas clauses are incorporated herein by
27 reference.
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28 Section 2. The City Commission for the City of Boynton Beach approves and
29 authorizes the City Manager to implement procedures for Local Business Preference by
30 Administrative Policy No. 10.14.01, a copy of which is attached hereto and may be amended
31 from time to time.
32 Section 3: This Resolution shall become effective immediately upon its passage
33 and adoption.
34 PASSED AND ADOPTED this 15th day of August, 2017.
35 CITY OF BOYNTON BEACH, FLORIDA
36
37 YES NO
38
39 Mayor— Steven B. Grant
40
41 Vice Mayor—Justin Katz
42
43 Commissioner—Mack McCray
44
45 Commissioner—Christina L. Romelus ;f
46
47 Commissioner—Joe Casello
48
49 VOTE
50 ATTEST:
51
52
53
54 Judi#A. Pyle, CMC t t.
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55 Cit Clerk "
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58 (Corporate Seal) •fQ
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•
G YY OF*
rCITY OF BOYNTON BEACH
A ; ADMINISTRATIVE POLICY
!f 7' 0 N.0
MANUAL
CHAPTER: 10 Purchasing POLICY NO: 10.14.01
SECTION: 14 Local Business Preference PAGE: Page 1 of 4
SUBJECT: 01 Procedures for Local Business Preference
PURPOSE:
To provide locally owned and operated companies a competitive advantage when the City
is procuring goods and services.
POLICY:
To provide economic incentive to businesses that maintain a physical location in the City and
a valid City business tax receipt.
(A) Definition of a Local Business. A "Local Business" is any person, firm, partnership,
company or corporation authorized to do business in Florida that has a valid business
tax receipt issued by the City for at least one (1) year prior to solicitation and a
physical address within the City from which the vendor lawfully performs and
operates. Post Office Boxes or location at a postal service center shall not be used for
the purpose of establishing physical address. Home offices shall be considered as
business locations if they otherwise meet all requirements of this Policy.
(B) Certification. Any vendor claiming to be a Local Business shall file a Certification
Statement with the City's Financial Services Department, Purchasing Services. The
certification shall be filed prior to or simultaneous with that vendor's response to a
Competitive Bid where local preference is permitted. All solicitations by the City shall
indicate if local preference is available. The Financial Services Department,
Purchasing Services shall not have an obligation to verify the accuracy of any such
certifications and shall have the sole discretion to determine if a vendor meets the
definition of a Local Business as provided herein.
(C) Qualification selection pursuant to Sealed Competitive Method.
(1) Competitive Bids. For all acquisitions made pursuant to Sealed Competitive Bid,
as provided in Sec. 10.05, the City shall give preference to a Local Business if the
Local Business' bid is determined to be within five percent (5%) or five thousand
dollars ($5,000.00), whichever is less, of the lowest responsible and responsive
Policy 10.14.01 - Local Business Preference. Page 1 of 4
bidder. In revenue generating contracts where award, if any, is to be made to the
bidder returning the highest amount to the City, the same preference set forth
herein shall be applied with respect to the highest bid.
(2) Requests for Proposals, Requests for Qualifications, Requests for Letters of
Interest.
@ For all acquisitions made pursuant to Requests for Proposals, Requests for
Qualifications or Requests for Letters of Interest, as provided in Sec. 10.07, the
solicitation shall include a weighted criterion for Local Businesses of five
percentage points (5%) of the total points in the evaluation criteria published in
the solicitation.
(ii) Local Preference shall not be applied when its application would result in an
award which exceeds the otherwise lowest responsive, responsible bidder by
5% or $5,000 whichever is lower.
(ii) For all acquisitions made pursuant to Requests for Proposals, Requests for
Qualification or Requests for Letters of Interest, as provided in Sec. 10.07,
where the solicitation includes a qualitative ranking rather than a quantitative
selection, the evaluation criteria shall include a Local Business preference, as
reasonably determined by the Financial Services Department, Purchasing
Services, consistent with the intent of this Policy. Each such solicitation shall
clearly define the application of the Local Business preference.
(D) To the extent practicable, for all acquisitions not made pursuant to the Sealed
Competitive Method provided in Sec. 10.00, City departments and staff are strongly
encouraged to utilize Local Businesses if they otherwise meet purchasing policy
requirements.
(E) The City Manager or City Commission may decide to allow a project that would
normally be competitively bid as a whole to be broken into segments in order to
provide opportunities for local vendors.
(F) Exclusions. The preferences established herein in no way limits the rights and
discretion of the City to: evaluate bids and proposals for responsiveness and
responsibility; compare quality of materials and services proposed; or apply other
factors that may be relevant to the award decision. Notwithstanding anything to the
contrary set forth in any policy adopted by the City, the local business preference shall
not be applied to:
(1) Goods or services provided under a cooperative purchasing agreement or the
utilization of other governmental entities' contracts;
(2) Contracts for professional services subject to the Consultants' Competitive
Negotiation Act, Section 287.055, Florida Statutes;
Policy 10.14.01 - Local Business Preference. Page 2 of 4
(3) Purchases or contracts which are funded, in whole or in part, by a government
entity or other entity or grant program in which the laws, regulations or policies
governing such funding prohibit application of local preference.
(4) Purchases under emergency or noncompetitive situations exempt from
competition.
(5) Purchases of goods and/or services in which such preference is prohibited by law,
contract or other regulation applicable to the City.
(6) Competitive solicitations that have been determined by the City Manager to be in
the best interest of the City to waive the local business preference prior to the
advertisement of the solicitation.
(G) Certification Statement
When seeking local business preference status, an applicant must complete and file a
written statement as follows:
WRITTEN STATEMENT REQUESTING LOCAL BUSINESS STATUS [OFFICER OF
COMPANY] Under penalty of perjury, I certify: I am an authorized representative of
[NAME OF BUSINESS] and on behalf of the business request that it be deemed to be
a local business for purposes of the City of Boynton Beach Local Preference Program.
The following answers accurately reflect the status of the business seeking local
preference.
Answering yes to question 1 and question 2 will qualify the business as a local
business. In support of this request I certify the following information as being true and
correct:
Name of Business
(1) Is the business located Yes No Number of Years:
within the City limits of Boynton
Beach, Florida?
(2) Does the business have a Yes No Business License Number:
business tax receipt issued in
the current year?
(3) Is the business registered Yes No
with the Florida Division of
Corporations?
I understand that misrepresentation of any facts in connection with this request may
be cause for removal from the certified local business list. I also agree the business is
required to notify the City in writing should it cease to qualify as a local business.
Policy 10.14.01 - Local Business Preference. Page 3 of 4
PREPARED BY: Procurement Services
EFFECTIVE DATE: August 15, 2016
REVISED:
Lorie LaVerriere
Lori LaVerriere
City Manager
Policy 10.14.01 - Local Business Preference. Page 4 of 4