§ 2-30. Local business preference.

(a)

Excepted as provided in this division or as may be exempted by applicable state or federal law, a local business preference shall apply to all purchases or acquisitions of products, materials and services of the City of Palm Coast.

(1)

Local business priority preference applies to Palm Coast persons, firms, and/or corporations, which meet the established criteria, set forth below. In all quotes and formal solicitations covered in section 2-24 of this division, qualified Palm Coast persons, firms, and/or corporations shall receive a local business preference. The local business priority preference as set forth herein shall apply and shall result in the otherwise qualified local Palm Coast business being awarded the contract, at the amount of the submitted quote or bid, if the local Palm Coast vendor's quote or bid is the next lowest bid and the bid amount is within the applicable percentage of the lowest bid submitted by a non-local business, as set forth herein.

(2)

If the local business priority preference does not result in the Palm Coast business being awarded the contract, then the local business preference applies to Flagler County persons, firms, and/or corporations, which meet the established criteria, set forth below. In all quotes and formal solicitations covered in section 2-24 of this division, qualified persons, firms, and/or corporations shall receive a local business preference. The local business priority preference as set forth herein shall apply and shall result in the otherwise qualified local business being awarded the contract, at the amount of the submitted quote or bid, if the local vendor's quote or bid is the next lowest bid and the bid amount is within the applicable percentage of the lowest bid submitted by a non-local business, as set forth herein.

(3)

Local business preference amounts and limit are as follows:

a.

Five percent of the net quote or bid price up to $200,000.00 as referenced on the quote tabulation or bid price schedule.

b.

Three percent of the net bid price above $200,000.00 as referenced on the bid price schedule.

c.

The total local business preference shall be limited to $20,000.00 for each quote or project.

Example: Local business bid of $250,000.00 would be provided a local business preference of $11,500.00. ((5% x $200,000.00) + (3% x $50,000.00))

(4)

To qualify as a Palm Coast person, firm and/or corporation, a vendor must have its headquarters, manufacturing facility, or locally-owned franchise located in, or having a street address within, the legal boundaries of the City of Palm Coast for at least one year immediately prior to the request for a quote or formal bid solicitation (Post office boxes do not qualify as a verifiable business address).

(5)

To qualify as a Flagler County person, firm and/or corporation, a vendor must have its headquarters, manufacturing facility, or locally-owned franchise located in, or having a street address within, the legal boundaries of Flagler County for at least one year immediately prior to the request for a quote or formal bid solicitation (Post office boxes do not qualify as a verifiable business address).

(6)

Local business preference shall not apply to:

a.

Purchases that are funded in whole or part by assistance from any federal, state, or local agency that disallows local preference;

b.

Purchases exempt from obtaining quotes or soliciting formal proposals or bids as described in section 2-25, Exemptions to quotes and formal solicitations.

(7)

The local business preference established in this section does not prohibit the right of the City Council or other purchasing authority to compare quality or fitness for use of supplies, materials, equipment and services proposed for purchase and compare qualifications, character, responsibility and fitness of all persons, firms, or corporations submitting bids or proposals.

(8)

Notwithstanding anything contained herein to the contrary, the City reserves its right to reject any quote, bid, or proposal deemed non-responsive or non-responsible at any time prior to award of a contract.

(9)

Application of local businesses preference to a particular purchase, contract, or category of contracts for which the City Council is the awarding authority may be waived upon written justification and recommendation by the City Manager and approval of the City Council.

(10)

The local business preference established in this section does not prohibit the City Council, or other authorized purchasing authority, from giving any other preference permitted by law in addition to the local business preference.

( Ord. No. 2017-8 , § 2, 6-20-17)