Title
Introduce, waive the reading, and set October 2, 2012 at 10:30 a.m. as the date and time to consider adoption of an ordinance repealing Section 2.32.035 of the Monterey County Code to enable full implementation of the Monterey County Local Preference Policy.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
Introduce, waive the reading, and set October 2, 2012 at 10:30 a.m. as the date and time to consider adoption of an ordinance repealing Section 2.32.035 of the Monterey County Code to enable full implementation of the Monterey County Local Preference Policy.
SUMMARY:
The recommended action of repealing the existing Monterey County Code Section 2.32.035 in its entirety will enable the County to implement the approved Local Preference Policy adopted by the Monterey County Board of Supervisors on Tuesday, August 28, 2012 without conflict. The portion of the newly adopted policy addressing procurement of goods and services in which price is the determining factor cannot be implemented until this section is repealed to the extent that it conflicts with the Section 2.32.035 of the code.
DISCUSSION:
This ordinance repeals Section 2.32.035 of the Monterey County Code relating to preference for local suppliers. This Section proposed to be repealed provides a right of first refusal to local suppliers, allowing the local bidder who is within five percent of the lowest non-local bid to reduce its bid to the amount equal to the non-local bid and be awarded the contract. On August 28, 2012, the Monterey County Board of Supervisors adopted the Monterey County Local Preference Policy which conflicts with the Section 2.32.035 of the code. The Monterey County Local Preference Policy provides, in part, that if a local vendor's bid is within five percent of a non-local bid, the contract for the goods or services will be awarded to the local vendor at the original, higher bid price. The portion of the newly adopted policy addressing procurement of goods and services in which price is the determining factor cannot be implemented until this section is repealed.
The Local Preference Policy was adopted on a one (1) year trial basis, with the caveat that both the Contracts/Purchasing Department and Resource Management Agency would provide the Board of Supervisors with a written report detailing findings of any potential impacts of the implemented policy on departmental budgets during the one (1) year period.
OTHER AGENCY INVOLVEMENT:
County Counsel concurs with the recommendation, which is fully supported by both the Resource Management Agency and the Contracts/Purchasing Department. County Counsel further approves the ordinance as to form.
FINANCING:
The full fiscal impact upon the County of Monterey as a result of the proposed action is unknown at this time.
Prepared by: Jaime Ayala, Buyer II, x-4998
Approved by: Michael R. Derr, Contracts/Purchasing Officer, x-4992
Attachments:
Executed Board Report;
Draft Ordinance 9/11/12
Draft Redline Ordinance 9/11/12