TO: Honorable Mayor & Members of the North Port Commission
FROM: Peter D. Lear, CPA, CGMA, City Manager
TITLE: An Ordinance of the City of North Port, Florida, Amending the Code of the City of North Port, Florida to Establish a Buy American Preference, by Amending Section 2-402 - Definitions and Creating Section 2-421 - Buy American Preference; Providing for Conflicts; Providing for Severability; Providing for Codification; and Providing an Effective Date
Recommended Action
Continue Ordinance No. 2020-23 to second reading on November 10, 2020.
Recommended Action for Second Reading
Approve Ordinance No. 2020-23 as drafted, amending the Code of the City of North Port, Florida to establish a Buy American Preference, by amending Section 2-402 - Definitions and creating Section 2-421 - Buy American Preference; providing for conflicts; providing for severability; providing for codification; and providing an effective date.
Background Information
At the May 12, 2020, City Commission Regular Meeting, the Commission directed by consensus to have Commissioner Hanks work with staff and the City Manager to bring back an ordinance establishing an “America First” initiative in the procurement of goods.
Background Information for Second Reading
On July 14, 2020, the City Commission conducted the first reading of Ordinance No. 2020-23 and continued it to second reading on a date to be determined by staff, to include a process for the regulation, the type of solicitation that would be issued to implement this policy, type of point system to use, setting requirements for items purchased, process for tie breaker decisions in solicitations, and a criteria system to determine the percentage of an item made in America.
In conjunction with the City Attorney’s Office and the City Manager’s Office, it is the recommendation of the Finance Department to maintain the original ordinance language proposed on July 14, 2020. Additional requirements are not practical in terms of the City’s ability to determine which bidders/products are actually made in America. The Finance Department has contacted the comparable entities (from the Budget Book) and surrounding local governments in the areas and most do not have the language in their ordinances or are not going further than what is included in the proposed ordinance language.
Strategic Plan
Efficient & Effective Government
Financial Impact
None
Procurement
N/A
Attachments:
1. Ord 2020-23. First Reading. Buy American Preference
2. Ord 2020-23. Second Reading. Buy American Preference
3. Comparable Agency Examples
4. Affidavit of Publication
Prepared by: Michael Golen, Assistant City Attorney
Department Director: Amber L. Slayton, City Attorney