§ 17-161. Local preference in competitive bidding procedures.

Where competitive bids are received for the purchase, or contract for, personal property or contractual service, the city commission, city manager or purchasing agent may give local preference to local vendors as defined herein and shall implement such policy in the following manner.

Except as exempted in this section, local vendors, defined as any business having a physical location within the City of Winter Haven's utility service area at which employees are located and from which business is regularly transacted, shall be given preference in the procurement of goods and services when bids are sought as follows:

When bids are received and the lowest bid price does not exceed fifteen thousand dollars ($15,000.00) and the vendor offering the low bid is located outside of the City of Winter Haven's utility service area, and the next lowest price is offered by a vendor located within the City of Winter Haven's utility service area and is within six (6) percent of the lowest price offered, then the Winter Haven vendor shall be given the opportunity to match the lowest price offered, and if agreed to, the Winter Haven vendor will be awarded the bid as long as the Winter Haven vendor is otherwise fully qualified and meets all bid requirements as determined by the city, or

When bids are received and the lowest bid price does not exceed twenty-five thousand dollars ($25,000.00) and the vendor offering the low bid is located outside of the City of Winter Haven's utility service area, and the next lowest price is offered by a vendor located within the City of Winter Haven's utility service area and is within five (5) percent of the lowest price offered, then the Winter Haven vendor shall be given the opportunity to match the lowest price offered, and if agreed to, the Winter Haven vendor will be awarded the bid as long as the Winter Haven vendor is otherwise fully qualified and meets all bid requirements as determined by the city, or

When bids are received and the lowest bid price does not exceed fifty thousand dollars ($50,000.00) and the vendor offering the low bid is located outside of the City of Winter Haven's utility service area, and the next lowest price is offered by a vendor located within the City of Winter Haven's utility service area and is within four (4) percent of the lowest price offered, then the Winter Haven vendor shall be given the opportunity to match the lowest price offered, and if agreed to, the Winter Haven vendor will be awarded the bid as long as the Winter Haven vendor is otherwise fully qualified and meets all bid requirements as determined by the city, or

When bids are received and the lowest bid price does not exceed one hundred fifty thousand dollars ($150,000.00) and the vendor offering the low bid is located outside the city limits of Winter Haven, and the next lowest price is offered by a vendor located within the City of Winter Haven's utility service area and is within three (3) percent of the lowest price offered, then the Winter Haven vendor shall be given the opportunity to match the lowest price offered, and if agreed to, the Winter Haven vendor will be awarded the bid as long as the Winter Haven vendor is otherwise fully qualified and meets all bid requirements as determined by the city, or

When bids are received and the lowest bid price does not exceed two hundred fifty thousand dollars ($250,000.00) and the vendor offering the low bid is located outside of the City of Winter Haven's utility service area, and the next lowest price is offered by a vendor located within the City of Winter Haven's utility service area and is within two (2) percent of the lowest price offered, then the Winter Haven vendor shall be given the opportunity to match the lowest price offered, and if agreed to, the Winter Haven vendor will be awarded the bid as long as the Winter Haven vendor is otherwise fully qualified and meets all bid requirements as determined by the city, or

When bids are received and the lowest bid price exceeds two hundred fifty thousand dollars ($250,000.00) and the vendor offering the low bid is located outside of the City of Winter Haven's utility service area, and the next lowest price is offered by a vendor located within the City of Winter Haven's utility service area and is within one (1) percent of the lowest price offered, then the Winter Haven vendor shall be given the opportunity to match the lowest price offered, and if agreed to, the Winter Haven vendor will be awarded the bid as long as the Winter Haven vendor is otherwise fully qualified and meets all bid requirements as determined by the city.

Provided, however, that this allowance for a local preference in no way prohibits the rights of the city commission, city manager or purchasing agent to compare quality of materials proposed for purchase and compare qualifications, character, responsibility and fitness of all persons, firms or corporations submitting bids.

The provisions of this section shall not apply to the procurement of goods and services by the City of Winter Haven involving the following entities and/or situations as follows:

(1)

Agreements between the city and nonprofit organizations or governmental entities;

(2)

Items that are for resale to the general public;

(3)

Bid awards that are based upon state term contracts, State of Florida Purchasing Agreements, Florida Association of Counties and Sheriffs Contracts, and any other public agency, entity or quasi-governmental units' bid process (piggy-backing);

(4)

Purchase and/or sale of real property;

(5)

Bids for contracts that are being funded by an outside source or agency that does not allow for a local preference, or that stipulates the award criteria;

(6)

Proposals related to Florida Statute § 287.055 (Consultants Competitive Negotiation Act);

(7)

The purchase of personal property to the extent governed by Florida Statute § 287.084;

(8)

Any other purchases that are determined by the city to be exempt from the local preference policy established herein.

(Ord. No. 91-23, § 2, 6-24-91; Ord. No. O-10-17, § 2, 4-26-10)

Editor's note

Ord. No. 91-23, § 2, adopted June 24, 1991, did not specifically amend the Code; hence, its inclusion herein as § 17-161 was at the discretion of the editor.