Backup Documents 09/22/2015 Item #17F September 22, 1015
Ords Amending Ords 75-16, 75-16
J13-69 & Human Trafficking
17F
COLLIER COUNTYI A
FLOR D ,,, r I
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS . , .
•
To: Clerk to the Board: Please place the following as a: 'rpt °'�.\_,
XXX Normal legal Advertisement ❑ Other:
(Display Adv.,location,etc.)
Originating Dept/Div County Attorney Person: Jeffrey A Klatzkow Date: September 1,2015
Petition No.(If none,give brief description):4 Ordinances-NOTE: USE PLURAL IN THE HEADING AND TEXT OF THE AD
Name&Address of any person(s)to be notified by Clerk's Office:(If more space is needed,attach separate sheet) See Above
Hearing before BCC BZA Other
Requested Hearing date:(Based on advertisement appearing 10+days before hearing.) September 22,2015(ad to run no later than
FRIDAY,September 11,2015)
Newspaper(s)to be used: (Complete only if important):
XXX Naples Daily News 0 Other XXX Legally Required
Proposed Text: (Include legal description&common location&Size:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING
SECTION ONE OF ORDINANCE NO. 75-16, AS AMENDED, "MEETINGS OF THE BOARD OF COUNTY
COMMISSIONERS," SPECIFICALLY PARAGRAPH 6, "RECONSIDERATION OF MATTERS GENERALLY," AS IT
RELATES TO THE TIMEFRAME BETWEEN THE BOARD'S ACTION ON AN AGENDA ITEM AND THE
COMMISSIONER'S REQUEST FOR RECONSIDERATION; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING
SECTION ONE OF ORDINANCE NO. 75-16, AS AMENDED, "MEETINGS OF THE BOARD OF COUNTY
COMMISSIONERS," SO AS TO ALLOW FOR "ELECTRONIC MEETINGS" DURING EMERGENCY SITUATIONS;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING
ORDINANCE NO. 2013-69, AS AMENDED, KNOWN AS THE COLLIER COUNTY PURCHASING ORDINANCE, BY
AMENDING SECTION FIFTEEN,"PROCEDURE TO PROVIDE PREFERENCE TO LOCAL BUSINESSES IN COUNTY
CONTRACTS," IN ORDER TO CONFORM WITH RECENT CHANGES IN FLORIDA LAW; PROVIDING FOR
CONFLICT AND SEVERABILITY, PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES,
AND PROVIDING FOR AN EFFECTIVE DATE.
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,TO ENFORCE
THE POSTING OF HUMAN TRAFFICKING PUBLIC AWARENESS SIGNS IN THE BUSINESS ESTABLISHMENTS
DEFINED HEREIN; PROVIDING FOR DEFINITIONS; PROVIDING FOR GENERAL REQUIREMENTS; PROVIDING
FOR ENFORCEMENT; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING
FOR CONFLICT AND SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE OF JANUARY 1,2016
Companion petition(s), if any&proposed hearing date: N/A
Does Petition Fee include advertising cost?0 Yes XXX No If Yes,what account should be charged for advertising costs:
PO#4500153762
Reviewed i :
_ _ Ytlr,I 'Ms
Division A 'i ��'.trator or Designee Date
s
List Attachments: Proposed Ordinances r i 17F
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved,be sure that any necessary legal review,or request for
same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies:
❑ County Manager agenda file: to ❑Requesting Division ❑Original
Clerk's Office
Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file.
FOR CLERK'SS O „II E USE ONLY: n 9
Date Received: G'✓ J Date of Public hearing: '2- Date Advertised: 1 `/
17F
ORDINANCE NO. 2015-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING SECTION ONE OF
ORDINANCE NO. 75-16, AS AMENDED, "MEETINGS OF THE BOARD
OF COUNTY COMMISSIONERS," SPECIFICALLY PARAGRAPH 6,
"RECONSIDERATION OF MATTERS GENERALLY," AS IT RELATES
TO THE TIMEFRAME BETWEEN THE BOARD'S ACTION ON AN
AGENDA ITEM AND THE COMMISSIONER'S REQUEST FOR
RECONSIDERATION; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on April 22, 1975, the Board of County Commissioners (Board) adopted
Ordinance No. 75-16 which established the time,place and conduct of its meetings;and
WHEREAS, subsequent amendments to Ordinance No. 75-16 reflect the evolving
practices and procedures relating to the meetings of the Board of County Commissioners; and
WHEREAS, the Board desires to further amend Ordinance No. 75-16 as it relates to the
timeframe between the Board action on an agenda item and the Commissioner's request for
reconsideration.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that:
SECTION ONE: AMENDMENT TO SECTION ONE, PARAGRAPH 6, OF
ORDINANCE NO. 75-16,AS AMENDED.
Section One,Paragraph 6,is hereby amended as follows:
6. Reconsideration of matters generally.
(a) Any matter which has been voted upon by the Board of County Commissioners
may be reconsidered as follows:
(1) By a motion to reconsider made by a member who voted with the majority if such
motion is made prior to the adjournment of the meeting at which the matter was voted upon. If
there were no public speakers on the item, or if all of the public speakers for the item are still
present in the boardroom following a successful motion to reconsider, the Board may elect to
rehear the matter during that meeting, or direct the County Manager to place the item on the
agenda for a future meeting not later than the second regular Commission meeting following the
meeting at which the motion for reconsideration was adopted. If
there were public speakers for the item, and not all of the public speakers are still present in the
Words Underlined are added;Words Struck hrough are deleted.
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boardroom following a successful motion to reconsider, the County Manager will place the item
on the agenda not later than the second regular Commission meeting following_the meeting at
which the motion for reconsideration was adopted. . . . .. . •• _- •-_ :.. - • •• . .
(2).
:••• • ' . .. . _ • . .. ' . _ : ... . . - t::. . . . _ .. •-
reconsideration.
W(iv) All parties who participated by speaking, submitting registration forms or
written materials at the first hearing, shall be notified by the County Manager of the date of
reconsideration.
(b) This section shall apply to any matters which may lawfully be reconsidered
except those matters which are covered by Paragraph 7 below.
SECTION TWO: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
Words Underlined are added;Words StFuek-Through are deleted.
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SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County,Florida, this day of , 2015.
A 1TEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk TIM NANCE, CHAIRMAN
Approv: . : o orm and legality:
.411
Jeffrey tzkow
County . ey
Words Underlined are added;Words S�eir.--111migh are deleted.
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17F
ORDINANCE NO.2015-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING SECTION ONE OF
ORDINANCE NO. 75-16, AS AMENDED, "MEETINGS OF THE BOARD
OF COUNTY COMMISSIONERS," SO AS TO ALLOW FOR
"ELECTRONIC MEETINGS" DURING EMERGENCY SITUATIONS;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on April 22, 1975, the Board of County Commissioners (Board) adopted
Ordinance No. 75-16 which established the time,place and conduct of its meetings;and
WHEREAS, subsequent amendments to Ordinance No. 75-16 reflect the evolving
practices and procedures relating to the meetings of the Board of County Commissioners; and
WHEREAS, the Board desires to further amend Ordinance No. 75-16 to specifically
provide the Board with the ability to meet electronically during emergency situations.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that:
SECTION ONE: AMENDMENT TO SECTION ONE OF ORDINANCE NO. 75-16, AS
AMENDED.
Section One is hereby amended as follows:
1. Meetings of the Board of County Commissioners:
(a) Regular meetings. The Board of County Commissioners shall normally hold its
regular meeting at 9:00 a.m. each second and fourth Tuesday, except on a day
designated as a holiday, interim recess, or as otherwise directed by an affirmative
vote of the majority of all Board members present. Meetings may be postponed or
cancelled by an affirmative vote of the majority of all Board members present.
Meetings shall normally be held at the Collier County Government Center and
shall be open to the news media and the public. Meetings may be held in other
locations within the County.
(b) Special meetings. When the Chairman or a majority of the Board calls a special
meeting, the County Manager or his designee shall notify the Clerk, the County
Attorney, and issue press releases advising of the place, date and hour of the
meeting and the purpose for which the meeting is called.
Words Underlined are added;Words S ek-Thretegh are deleted.
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f c) Electronic meetings. When a quorum of the Board is unable to meet at the Collier
County Government Center due to extraordinary circumstances, the Chairman or,
in the Chairman's absence, any member of the Board, may call for an electronic
meeting. The electronic meeting shall be conducted by teleconference,
videoconference, or in such other manner as the County Manager deems best
given the existing circumstances and available technologies. The agenda for such
meeting shall be limited to those matters calling for immediate action or attention,
such as a Declaration of a State of Emergency. Prior to hearing the first item on
the agenda, the participating members must first make a fmding that extraordinary
circumstances exist to warrant the electronic meeting. If after exercising due
diligence the County Manager is unable to reach three Board members, then in
such event a quorum shall consist of two members of the Board who may
participate electronically. Notice of the Electronic Meeting shall be given in the
same manner as a Special Meeting.
(e d) Agenda. There shall be an official agenda for each meeting of the Board, which
shall determine the order of business conducted at the meeting.
(1) The Board shall not take action upon any matter, proposal, report or item
of business not listed upon the official agenda, unless a majority of the
Board present consents.
(2) The County Manager shall prepare each agenda in appropriate form
approved by the Board. Matters may be placed on the agenda by the
County Manager, any County Commissioner, the Clerk, the County
Attorney,and the constitutional officers. The agenda shall be prepared and
distributed not later than four days preceding the regular meeting.
(3) Prior to the publishing of the agenda, matters placed on the agenda should
include as much supporting documents, information, and materials as is
needed to aid the Board in its preparation and deliberation of the agenda
item. Documents, information and materials will not be accepted by the
Board following publication of the agenda unless offered by a
Commissioner or the County Manager. Should additional documents,
information and materials be presented to the Board following publication,
the Board may,by a majority vote of those present,elect to either continue
the agenda item to a future Board meeting, or waive this requirement and
hear the matter if it determines that the agenda item is of significant public
importance and should not be postponed.
(4) All requests for a continuance of an agenda item, including matters
advertised for a public hearing, require Board of County Commission
approval. No person shall be entitled to rely for any reason upon any
assurances that an agenda item or public hearing will be continued. A
continuance shall only be granted by an affirmative vote of the majority of
the Board Members present.
Words Underlined are added;Words Samek--Threugh are deleted.
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(d g) Presiding officer, election, duties. The presiding Chairman and Vice-Chairman
shall be elected by a majority of the members of the Board of County
Commissioners and said election shall occur at the first regularly scheduled Board
meeting in January of each year. In the event that the Chairman and/or the Vice-
Chairman are not reelected as Commissioners in any given year, unless a Special
Meeting is called, the Board of County Commissioners shall elect a Chairman
and/or Vice-Chairman, as applicable, at the first regularly scheduled Board
meeting on or after the second Tuesday after the election to temporarily serve
until the first regularly scheduled Board meeting in January at which time the
scheduled election shall take place. However, the Chairman and the Vice-
Chairman shall serve at the pleasure of the Board. The Vice-Chairman shall
preside in the absence of the Chairman. With respect to all matters outside of
meetings (see subsection (e) below), in the absence of both the Chairman and the
Vice-Chairman, the immediate past Chairman shall act as temporary Chairman,
and if there is no immediate past Chairman, then the longest tenured
Commissioner shall so act. The Chairman shall become the presiding officer
immediately after his or her election. The Chairman shall preserve order and
decorum at all meetings. He shall state every question and announce the decision
of the commission on each item of business. The majority vote of the members
present shall determine all questions of order not otherwise covered. The
Chairman may vote on any question, his or her name being called last. The
Chairman shall sign all ordinances, resolutions and legally binding documents
adopted by the Commission during his or her presence. In his or her absence,such
ordinances, resolutions and legally binding documents shall be signed by the
presiding officer.
(e f, Call to Order. At the hour appointed for the meeting, the Chairman shall
immediately call the Commission to order. In the physical absence of the
Chairman, and the Vice-Chairman, the Board members present shall elect a
temporary Chairman and a temporary Vice-Chairman by majority vote, and the
Chairman so elected shall then call the meeting to order and shall serve until
arrival of the Chairman or Vice-Chairman.
(€g) Quorum.A majority of the Board shall constitute a quorum.No resolution, legally
binding document or motion shall be adopted by the Board without the
affirmative vote of the majority of all members present. Should no quorum attend
within 30 minutes after the hour appointed for the meeting, the Chairman, Vice-
Chairman, or in their absence, the Clerk or his designee,may adjourn the meeting.
(g 11) Super-Majority Exception. Whenever provided by general law, special law,
ordinance, or as specified by resolution adopted by a majority of the full
membership of the Board, and notwithstanding subsection (f), a motion,
ordinance, legally binding document or resolution may be required to be adopted
by an affirmative vote of four-fifths(4/5)of the full membership of the Board.
Words Underlined are added;Words Std-Trete are deleted.
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(hi) Rules of debate. The following rules of debate shall be observed by the Board.
Except as herein provided questions of order and the conduct of business shall be
governed by Robert's Rules of Order.
(1) Motion under consideration. When a motion is presented and seconded, it
is under consideration and no other motion shall be received thereafter,
except to adjourn, to lay on the table, to postpone, or to amend until the
question is decided. These countermotions shall have preference in the
order in which they are mentioned, and the first two shall be decided
without debate. Final action upon a pending motion may be deferred until
the next meeting by majority of the members present.
(2) Chairman participation. The presiding Chairman may move, second and
debate from the chair, and shall not be deprived of any of the rights and
privileges of a Commissioner by reason of being the presiding Chairman.
(3) Form of address. Each member shall address only the presiding officer for
recognition, shall confine himself to the question under debate, and shall
avoid personalities and indecorous language.
(4) Interruption. A member, once recognized, shall not be interrupted except
by a call to order or as herein otherwise provided. If a member is called to
order, he shall stop speaking until the question is determined by the
presiding officer. Any member may appeal the decision of the Chairman
to the Board for decision by majority vote.
(5) Privilege of closing debate. The Commissioner moving for the adoption of
an ordinance, resolution or other act shall have the privilege of closing
debate unless otherwise directed by the Chair.
(6) The question. Upon the closing of debate any member may require a roll
call vote. Any member may give a brief statement or file a written
explanation of his or her vote.
(}j) Minutes. The minutes of prior meetings approved by a majority of the members
present shall become the official minutes. Each resolution, ordinance and legally
binding document shall be signed by the presiding officer at the meeting and by
the Clerk and entered in the minutes.
SECTION TWO: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
Words Underlined are added;Words Sigh are deleted.
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i
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separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida,this day of , 2015.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK,CLERK COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk TIM NANCE, CHAIRMAN
Appr ed t' t 4 si, • • legality:
..4i,i
Jeffrey Pl. tzkow
County ey
Words Underlined are added;Words Struck—'Fthreegh are deleted.
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ORDINANCE NO. 2015 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO.
2013-69, AS AMENDED, KNOWN AS THE COLLIER COUNTY
PURCHASING ORDINANCE, BY AMENDING SECTION FIFTEEN,
"PROCEDURE TO PROVIDE PREFERENCE TO LOCAL
BUSINESSES IN COUNTY CONTRACTS," IN ORDER TO CONFORM
WITH RECENT CHANGES IN FLORIDA LAW; PROVIDING FOR
CONFLICT AND SEVERABILITY, PROVIDING FOR INCLUSION
INTO THE CODE OF LAWS AND ORDINANCES, AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, on December 10, 2013, the Board of County Commissioners (Board)
adopted Ordinance No. 2013-69,known as the Collier County Purchasing Ordinance; and
WHEREAS, the Board subsequently amended the Collier County Purchasing
Ordinance through its adoption of Ordinance No. 2015-37; and
WHEREAS, the Florida Legislature recently enacted SB 778, "prohibiting local
ordinances and regulations from restricting competition for the award of a contract for
construction services based upon certain conditions;"and
WHEREAS, the Board wishes to amend its Purchasing Ordinance to conform the
County's Preference to Local Businesses in County contracts to these changes in Florida law.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that:
SECTION ONE: Amendment to Section Fifteen of Ordinance No. 2013-69, as
Amended.
SECTION FIFTEEN: Procedure to Provide Preference to Local Businesses in County Contracts
Except where otherwise provided by federal or state law or other funding source
restrictions or as otherwise set forth in this Purchasing Ordinance,purchases of commodities and
services shall give preference to local businesses in the following manner:
(1) "Local Business"defined. Local business means the vendor has a current Business Tax
Receipt issued by the Collier County Tax Collector for at least one year prior to bid or
proposal submission to do business within Collier County, and that identifies the business
with a permanent physical business address located within the limits of Collier County
from which the vendor's staff operates and performs business in an area zoned for the
conduct of such business. A Post Office Box or a facility that receives mail, or a non-
permanent structure such as a construction trailer, storage shed, or other non-permanent
structure shall not be used for the purpose of establishing said physical address. In
addition to the foregoing, a vendor shall not be considered a "local business" unless it
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contributes to the economic development and well-being of Collier County in a verifiable
and measurable way. This may include,but not be limited to,the retention and expansion
of employment opportunities, support and increase to the County's tax base, and
residency of employees and principals of the business within Collier County. Vendors
shall affirm in writing their compliance with the foregoing at the time of submitting their
bid or proposal to be eligible for consideration as a "local business" under this section. A
vendor who misrepresents the Local Preference status of its firm in a proposal or bid
submitted to the County will lose the privilege to claim Local Preference status for a
period of up to one year.
(2) Preference in purchase of commodities and services by means of competitive bid, request
for proposals, qualifications or other submittals and competitive negotiation and
selection. Under any such applicable solicitation, bidders/proposers desiring to receive
local preference will be invited and required to affirmatively state and provide
documentation as set forth in the solicitation in support of their status as a local business.
Any bidder/proposer who fails to submit sufficient documentation with their bid/proposal
offer shall not be granted local preference consideration for the purposes of that specific
contract award. Except where federal or state law, or any other funding source, mandates
to the contrary,Collier County and its agencies and instrumentalities, will give preference
to local businesses in the following manner:
(a) Competitive bid (local price match option). Each formal competitive bid
solicitation shall clearly identify how the price order of the bids received will be
evaluated and determined. When a qualified and responsive, non-local business
submits the lowest price bid, and the bid submitted by one or more qualified and
responsive local businesses is within ten percent of the price submitted by the non-
local business, then the local business with the apparent lowest bid offer (i.e., the
lowest local bidder) shall have the opportunity to submit an offer to match the
price(s), less one (1) dollar, offered by the overall lowest, qualified and responsive
bidder. In such instances, staff shall first verify if the lowest non-local bidder and
the lowest local bidder are in fact qualified and responsive bidders. Next, the
Purchasing Department shall determine if the lowest local bidder meets the
requirements of F.S. § 287.087(Preferences to businesses with drug-free workplace
programs). If the lowest local bidder meets the requirements of F.S. § 287.087, the
Purchasing Department shall invite the lowest local bidder to submit a matching
offer, less one(1)dollar, within five(5)business days thereafter. If the lowest local
bidder submits an offer that fully matches the lowest bid, less one (1) dollar, from
the lowest non-local bidder tendered previously, then award shall be made to the
local bidder. If the lowest local bidder declines or is unable to match the lowest
non-local bid price(s), then award will be made to the lowest overall qualified and
responsive bidder. If the lowest local bidder does not meet the requirement of F.S. §
287.087, and the lowest non-local bidder does, award will be made to the bidder
that meets the requirements of the reference state law.
(b) Request for proposals, qualifications or other submittals and competitive
negotiation and selection. For all purchases of commodities and services procured
through the Competitive Proposals (Section 12) or Competitive Selection and
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Negotiation (Section 11) methods not otherwise exempt from this local preference
section, the RFP solicitation shall include a weighted criterion for local preference
that equals 10 percent of the total points in the evaluation criteria published in the
solicitation. Purchases of professional services as defined and identified under
subsection 11 B.2 (which are subject to F.S. § 287.055)and subsection 11B.3 (which
are subject to F.S. § 11.45)shall not be subject to this local preference section.
(c) Should a tie bid occur between a non-local bidder and a local bidder, the County
shall award the contract to the local bidder. Should a tie occur between two local
bidders, the County will "flip a coin" between the two lowest bidders. The coin
toss winner will be awarded the contract upon approval by the Board of County
Commissioners.
(3) Waiver of the application of local preference. The application of Local Preference to a
particular purchase or contract may be waived upon approval of the Board of County
Commissioners.
(4) Comparison of qualifications. The preferences established herein in no way prohibit the
right of the Board of County Commissioners to compare quality of materials proposed for
purchase and compare qualifications, character, responsibility and fitness of all persons,
firms or corporations submitting bids or proposals. Further, the preferences established
herein in no way prohibit the right of the County Commission from giving any other
preference permitted by law instead of the preferences granted herein.
(5) Reciprocity. In the event Lee County, or any other Florida county or municipality("local
government") deemed appropriate by the Collier County Board of Commissioners,
extends preferences to local businesses, Collier County may enter into an interlocal
agreement with such local government wherein the preferences of this section may be
extended and made available to vendors that have a valid occupational license issued by
that specific local government to do business in that local government that authorizes the
vendor to provide the commodities and services to be purchased, and a physical business
address located within the limits of that local government. Post Office Boxes are not
verifiable and shall not be used for the purpose of establishing said physical address. In
addition to the foregoing, a vendor shall not be considered a "local business" unless it
contributes to the economic development and well-being of the said local government
whichever is applicable, in a verifiable and measurable way. This may include,but not be
limited to, the retention and expansion of employment opportunities, the support and
increase to that local government's tax base,and residency of employees and principals of
the business located within the limits of that local government. Vendors shall affirm in
writing their compliance with the foregoing at the time of submitting their bid or proposal
to be eligible for consideration as a "local business" under this section. In no event shall
the amount of the preference accorded other local government firms exceed the amount
of preference that such local government extends to Collier County firms competing for
its contracts.
(6) Purview and administration of this Local Preference Policy. This policy shall apply to
all departments and units under the direct purview of the Board of County
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Commissioners. For purchases of $50,000.00 or less, the Purchasing Department shall
systematically encourage departments to include local vendors when soliciting quotations
in accordance with this policy.
(7) This Policy shall not be utilized with respect to any competitive solicitation for
construction services in which 50 percent or more of the cost will be paid from state-
appropriated funds which have been appropriated at the time of the competitive
solicitation.
SECTION TWO: Conflict and Severability.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION THREE: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinance of Collier County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION FOUR: Effective Date.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida,this day of ,2015.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk TIM NANCE,CHAIRMAN
• .on�' to form and legality:
IP/ '
Jeffre / • atzkow
Count orney
Words Underlined are added;Words - off are deleted.
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ORDINANCE NO.2015-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, TO ENFORCE THE POSTING OF
HUMAN TRAFFICKING PUBLIC AWARENESS SIGNS IN THE
BUSINESS ESTABLISHMENTS DEFINED HEREIN; PROVIDING FOR
DEFINITIONS; PROVIDING FOR GENERAL REQUIREMENTS;
PROVIDING FOR ENFORCEMENT; PROVIDING FOR INCLUSION IN
THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR
CONFLICT AND SEVERABILITY AND PROVIDING FOR AN
EFFECTIVE DATE OF JANUARY 1,2016.
WHEREAS, human trafficking is a form of modern-day slavery, which involves the
exploitation of persons for commercial sex or forced labor and often subjects victims to force,
fraud and coercion;and
WHEREAS, while many victims of human trafficking are forced to work in prostitution
or the sexual entertainment industry, trafficking also occurs in forms of labor exploitation, such
as domestic servitude and restaurant,janitorial, sweatshop factory and agricultural work; and
WHEREAS, traffickers use various techniques to instill fear in victims to keep them
enslaved such as isolation, threats of imprisonment and deportation, confiscation of passports,
visas or other identification documents and threats of violence toward victims or their families;
and
WHEREAS, effective January 1, 2016, Section 787.29, Florida Statutes, authorizes
counties to enforce the posting of human trafficking public awareness signs in certain
establishments; and
WHEREAS, the Board of County Commissioners finds that it will serve the public
health, safety and welfare of the citizens of Collier County to inform the public as to the
existence of human trafficking and the reporting thereof.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA,THAT:
SECTION ONE: DEFINITIONS
The following words, phrases, or terms when used in this Ordinance shall, unless the
content otherwise indicates,have the meanings provided below.
1
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Adult Entertainment Establishment means adult bookstores and theaters, special
cabarets and unlicensed massage establishments regulated pursuant to Chapter 847,
Florida Statutes and defined in Section 847.001, Florida Statutes, as may be amended and
strip clubs.
2. Bodywork Services means services involving therapeutic touching or manipulation of
the body using specialized techniques.
3. Business or establishment means any place of business or any club, organization,
person, firm, corporation or partnership, wherein massage or bodywork services are
provided and such establishment is not owned by a health care profession regulated
pursuant to Chapter 456, Florida Statutes, and defined in Section 456.001, Florida
Statutes,as may be amended.
4. Human trafficking means transporting, soliciting, recruiting, harboring, providing,
enticing, maintaining, or obtaining another person for the purpose of exploitation of that
person regulated pursuant to Chapter 787, Florida Statutes, and defined in Section
787.06, Florida Statutes, as may be amended.
5. Massage services means the manipulation of the soft tissues of the human body with the
hand, foot, arm, or elbow, whether or not such manipulation is aided by hydrotherapy,
including colonic irrigation, or thermal therapy; any electrical or mechanical device; or
the application to the human body of a chemical or herbal preparation.
SECTION TWO: GENERAL REQUIREMENTS.
A. The employer at each of the following establishments shall display public awareness
signs in a conspicuous location that is clearly visible to the public and employees of the
establishment:
(1) A strip club or other adult entertainment establishment.
(2) A business or establishment that offers massage or bodywork services for
compensation that is not owned by a health care profession regulated pursuant to
Chapter 456, Florida Statutes,and defined in Section 456.001, Florida Statutes.
2
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B. The required public awareness sign must be at least 8.5 inches by 11 inches in size, must
be printed in at least a 16-point type,and must state substantially the following in English
and Spanish:
"If you or someone you know is being forced to engage in an
activity and cannot leave-whether it is prostitution, housework,
farm work, factory work, retail work, restaurant work,or any other
activity-call the National Human Trafficking Resource Center at 1-
888-373-7888 or text INFO or HELP to 233-733 to access help
and services. Victims of slavery and human trafficking are
protected under United States and Florida law."
Posted Pursuant to Section 787.29, Florida Statutes and Collier
County Code of Laws and Ordinance Section
SECTION THREE: ENFORCEMENT.
It is unlawful to violate any provisions of this Ordinance and any violation hereof shall be
deemed a noncriminal violation, punishable by a fine only as provided in Section 775.083,
Florida Statutes.
SECTION FOUR: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered
or relettered to accomplish such, and the word "ordinance" may be changed to "section,"
"article," or any other appropriate word.
SECTION FIVE: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
3
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SECTION SIX: EFFECTIVE DATE.
This Ordinance shall take effect on January 1, 2016.
PASSED AND DULY ADOPTED by a vote of a majority of the Board of County
Commissioners of Collier County, Florida,this day of ,2015.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK,CLERK COLLIER COUNTY, FLORIDA
By: By:
,Deputy Clerk TIM NANCE, CHAIRMAN
Api'.ove.; .• o form and legality:
Jeifrel• . . latzkow
Coun ., A irney
r
4
17F
Acct. #027354
September 3, 2015
Attn: Legals
Naples Daily News
1100 Immokalee Road
Naples, Florida 34110
Re: Ordinances Amending Ordinances 1975-16, 1975-16, 2013-69 and Human
Trafficking
Dear Legals:
Please advertise the above referenced notice on Friday, September 11, 2015, and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved to this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
PO #4500153762
17F
NOTICE OF INTENT TO CONSIDER ORDINANCES
Notice is hereby given that on Tuesday, September 22 , 2015, in the
Boardroom, Third Floor, Administration Building, Collier County
Government Center, 3299 East Tamiami Trail, Naples, Florida, the Board
of County Commissioners, will consider the enactment of County
Ordinances . The meeting will commence at 9 : 00 A.M. The titles of the
proposed Ordinances are as follows :
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING SECTION ONE OF ORDINANCE NO. 75-16,
AS AMENDED, "MEETINGS OF THE BOARD OF COUNTY COMMISSIONERS, "
SPECIFICALLY PARAGRAPH 6, "RECONSIDERATION OF MATTERS
GENERALLY, " AS IT RELATES TO THE TIMEFRAME BETWEEN THE BOARD' S
ACTION ON AN AGENDA ITEM AND THE COMMISSIONER' S REQUEST FOR
RECONSIDERATION; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES;
AND PROVIDING FOR AN EFFECTIVE DATE.
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING SECTION ONE OF ORDINANCE NO. 75-16,
AS AMENDED, "MEETINGS OF THE BOARD OF COUNTY COMMISSIONERS, "
SO AS TO ALLOW FOR "ELECTRONIC MEETINGS" DURING EMERGENCY
SITUATIONS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING
FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2013-69, AS AMENDED,
KNOWN AS THE COLLIER COUNTY PURCHASING ORDINANCE, BY AMENDING
SECTION FIFTEEN, "PROCEDURE TO PROVIDE PREFERENCE TO LOCAL
BUSINESSES IN COUNTY CONTRACTS, " IN ORDER TO CONFORM WITH
RECENT CHANGES IN FLORIDA LAW; PROVIDING FOR CONFLICT AND
SEVERABILITY, PROVIDING FOR INCLUSION INTO THE CODE OF LAWS
AND ORDINANCES, AND PROVIDING FOR AN EFFECTIVE DATE.
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, TO ENFORCE THE POSTING OF HUMAN TRAFFICKING
PUBLIC AWARENESS SIGNS IN THE BUSINESS ESTABLISHMENTS DEFINED
HEREIN; PROVIDING FOR DEFINITIONS; PROVIDING FOR GENERAL
REQUIREMENTS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR
CONFLICT AND SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE
OF JANUARY 1 , 2016
1 7F
A Copy of the proposed Ordinances are on file with the Clerk to the
Board and is available for inspection. All interested parties are
invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register
with the County administrator prior to presentation of the agenda item
to be addressed. Individual speakers will be limited to 3 minutes on
any item. The selection of an individual to speak on behalf of an
organization or group is encouraged. If recognized by the Chairman, a
spokesperson for a group or organization may be allotted 10 minutes to
speak on an item.
Persons wishing to have written or graphic materials included in the
Board agenda packets must submit said material a minimum of 3 weeks
prior to the respective public hearing. In any case, written
materials intended to be considered by the Board shall be submitted to
the appropriate County staff a minimum of seven days prior to the
public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a
record of the proceedings pertaining thereto and therefore, may need
to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
based.
If you are a person with a disability who needs any accommodation in
order to participate in this proceeding, you are entitled, at no cost
to you, to the provision of certain assistance . Please contact the
Collier County Facilities Management Division, located at 3335 Tamiami
Trail East, Suite #101, Building W, Naples, Florida 34112 , (239) 252-
8380 . Assisted listening devices for the hearing impaired are
available in the County Commissioners' Office .
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TIM NANCE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
17F
Martha S. Vergara
From: ivonne.gori@naplesnews.com
Sent: Tuesday, September 08, 2015 10:14 AM
To: Martha S. Vergara
Cc: ivonne.gori@naplesnews.com
Subject: Ad: 684221, NOTICE OF INTENT TO CONSIDER ORDINAN
Attachments: OFFICEOFTH-25-684221-1.pdf
Attached is the document you requested. Please review and let us know if you have any questions. Thank you.
Ivonne Gori I Legal Advertising Specialist
0: 239.213.6061
F: 239.263.4307
E:ivonne.gori@NaplesNews.com
A: 1100 Immokalee Road ( Naples, FL 34110
1
1 7 F
> Ad Proof
apirs 3ai CW6
Sales Rep:Ivonne Gori(N9103) Phone:(239)262-3161 Email:ivonne.gori@naplesnews.com
Date:09/08/15 This is a proof of your ad scheduled to run on the dates indicated below.
Account Number:525058(N027354) Please confirm placement prior to deadline by contacting your account
Company Name:OFFICE OF THE COUNTY ATTORNEY rep at(239)262-3161 .
Ad Id:684221 P.O.No.: Total Cost:$1,036.89
Contact Name:
Email:NancyBradley@colliergov.net collietgov.net Tag Line:NOTICE OF INTENT TO CONSIDER ORDINAN
Address:3299 TAMIAMI TRL E#700,NAPLES,FL,34112-5749 Start Date:09/11/15 Stop Date:09/11/15
Phone:(239)252-8400 Fax:(239)774-0225 Number of Times:I Class: 16220-Ordinances and Petitions
Publications:ND-Naples Daily News,ND-Intemet-naplesnews.com
1 agree this ad is accurate and as ordered.
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Dank you for your business. Our commitment to a quality product includes the advertising in our publications. As such,Journal Media Group reserves the
right to categorize,edit and refuse certain classified ads.Your satisfaction is important. If you notice errors in your ad,please notify the classified depart-
ment immediately so that we can make corrections before the second print date. The number to call is 239-263-4700. Allowance may not be made for errors
reported past the second print date.The Naples Daily News may not issue refunds for classified advertising purchased in a package rate;ads purchased on the
open rate may be pro-rated for the remaining full days for which the ad did not run.
17F •
Martha S. Vergara
From: Neet, Virginia
Sent: Wednesday, September 09, 2015 4:12 PM
To: Martha S. Vergara
Cc: Klatzkow, Jeff
Subject: RE: Ords Amending Ords (3)
Approved.
From: Martha S. Vergara [mailto:Martha.Vergaracollierclerk.com]
Sent: Wednesday, September 09, 2015 4:07 PM
To: NeetVirginia
Subject: Ords Amending Ords (3)
Importance: High
Dinny,
Attached is the revised ad proof, please review and let me know of any changes.
Thanks,
Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request.do not send
electronic mail to this entity.Instead,contact this office by telephone or in writing.
1
17F • ;
Martha S. Vergara
From: Martha S. Vergara
Sent: Wednesday, September 09, 2015 4:24 PM
To: 'ivonne.gori@naplesnews.com'
Subject: RE: REVISED Ad: 684221, NOTICE OF INTENT TO CONSIDER ORDINAN
Ivonne,
The legal department has reviewed and approved the revisions, please proceed with publishing as requested.
Thanks for all of your help.
Martha
Original Message
From: ivonne.gori@naplesnews.com [mailto:ivonne.gori@naplesnews.com]
Sent: Wednesday, September 09, 2015 4:04 PM
To: Martha S. Vergara
Cc: ivonne.gori@naplesnews.com
Subject: REVISED Ad: 684221, NOTICE OF INTENT TO CONSIDER ORDINAN
Attached is the document you requested. Please review and let us know if you have any questions. Thank you.
lvonne Gori I Legal Advertising Specialist
0: 239.213.6061
F: 239.263.4307
E:ivonne.gori@NaplesNews.com
A: 1100 Immokalee Road I Naples, FL 34110
1
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 4
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO F
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office JAK 9/22/15
/5
4. BCC Office Board of County Tl� NP,--\
Commissioners v‘ /
5. Minutes and Records Clerk of Court's Office
MA) q(2i s 3:4
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Jeffrey A.Klatzkow,County Attorney 252-8400
Contact/ Department
Agenda Date Item was 9/22/15 V Agenda Item Number 17-F
Approved by the BCC
Type of Document Ordinance–Purchasing Ordinance–Local Number of Original One
Attached Preference ZD/S — 57 Documents Attached
PO number or account n/a
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature JAK
2. Does the document need to be sent to another agency for additional signatures? If yes, JAW"-
provide
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAK
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's JAK
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JAK
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAK
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip JAK
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 9/22/15 and all changes made during the JAK
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by th
BCC,all changes directed by the BCC have been made,and the document is ready fo the
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
Teresa L. Cannon
17F
From: Teresa L. Cannon
Sent: Thursday, September 24, 2015 12:09 PM
To: countyordinances@dos.myflorida.com
Subject: CLL Ordinance 2015-0051
Attachments: CLL20150922_Ordinance2015_0051.pdf
SENT BY: COLLIER COUNTY CLERK OF CIRCUIT COURT
BOARD MINUTES& RECORDS DEPARTMENT
SENDER'S PHONE: 239-252-8411
COUNTY: COLLIER(CLL)
ORDINANCE NUMBER: 2015-0051
Teresa L. Cannon, BMR Senior Clerk
Minutes and Records Department
239-252-8411
239-252-8408 fax
Teresa.Cannon@collierclerk.com
1
1 7 F
ORDINANCE NO. 2015 - 51
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO.
2013-69, AS AMENDED, KNOWN AS THE COLLIER COUNTY
PURCHASING ORDINANCE, BY AMENDING SECTION FIFTEEN,
"PROCEDURE TO PROVIDE PREFERENCE TO LOCAL
BUSINESSES IN COUNTY CONTRACTS," IN ORDER TO CONFORM
WITH RECENT CHANGES IN FLORIDA LAW; PROVIDING FOR
CONFLICT AND SEVERABILITY, PROVIDING FOR INCLUSION
INTO THE CODE OF LAWS AND ORDINANCES, AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, on December 10, 2013, the Board of County Commissioners (Board)
adopted Ordinance No. 2013-69, known as the Collier County Purchasing Ordinance; and
WHEREAS, the Board subsequently amended the Collier County Purchasing
Ordinance through its adoption of Ordinance No. 2015-37; and
WHEREAS, the Florida Legislature recently enacted SB 778, "prohibiting local
ordinances and regulations from restricting competition for the award of a contract for
construction services based upon certain conditions;" and
WHEREAS, the Board wishes to amend its Purchasing Ordinance to conform the
County's Preference to Local Businesses in County contracts to these changes in Florida law.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that:
SECTION ONE: Amendment to Section Fifteen of Ordinance No. 2013-69, as
Amended.
SECTION FIFTEEN: Procedure to Provide Preference to Local Businesses in County Contracts
Except where otherwise provided by federal or state law or other funding source
restrictions or as otherwise set forth in this Purchasing Ordinance,purchases of commodities and
services shall give preference to local businesses in the following manner:
(1) "Local Business" defined. Local business means the vendor has a current Business Tax
Receipt issued by the Collier County Tax Collector for at least one year prior to bid or
proposal submission to do business within Collier County, and that identifies the business
with a permanent physical business address located within the limits of Collier County
from which the vendor's staff operates and performs business in an area zoned for the
conduct of such business. A Post Office Box or a facility that receives mail, or a non-
permanent structure such as a construction trailer, storage shed, or other non-permanent
structure shall not be used for the purpose of establishing said physical address. In
addition to the foregoing, a vendor shall not be considered a "local business" unless it
Words Underlined are added;Words Strueli-Through are deleted.
Page 1 of 4
I7F
contributes to the economic development and well-being of Collier County in a verifiable
and measurable way. This may include, but not be limited to,the retention and expansion
of employment opportunities, support and increase to the County's tax base, and
residency of employees and principals of the business within Collier County. Vendors
shall affirm in writing their compliance with the foregoing at the time of submitting their
bid or proposal to be eligible for consideration as a "local business" under this section. A
vendor who misrepresents the Local Preference status of its firm in a proposal or bid
submitted to the County will lose the privilege to claim Local Preference status for a
period of up to one year.
(2) Preference in purchase of commodities and services by means of competitive bid, request
for proposals, qualifications or other submittals and competitive negotiation and
selection. Under any such applicable solicitation, bidders/proposers desiring to receive
local preference will be invited and required to affirmatively state and provide
documentation as set forth in the solicitation in support of their status as a local business.
Any bidder/proposer who fails to submit sufficient documentation with their bid/proposal
offer shall not be granted local preference consideration for the purposes of that specific
contract award. Except where federal or state law, or any other funding source, mandates
to the contrary, Collier County and its agencies and instrumentalities,will give preference
to local businesses in the following manner:
(a) Competitive bid (local price match option). Each formal competitive bid
solicitation shall clearly identify how the price order of the bids received will be
evaluated and determined. When a qualified and responsive, non-local business
submits the lowest price bid, and the bid submitted by one or more qualified and
responsive local businesses is within ten percent of the price submitted by the non-
local business, then the local business with the apparent lowest bid offer (i.e., the
lowest local bidder) shall have the opportunity to submit an offer to match the
price(s), less one (1) dollar, offered by the overall lowest, qualified and responsive
bidder. In such instances, staff shall first verify if the lowest non-local bidder and
the lowest local bidder are in fact qualified and responsive bidders. Next, the
Purchasing Department shall determine if the lowest local bidder meets the
requirements of F.S. § 287.087 (Preferences to businesses with drug-free workplace
programs). If the lowest local bidder meets the requirements of F.S. § 287.087, the
Purchasing Department shall invite the lowest local bidder to submit a matching
offer, less one (1) dollar, within five (5) business days thereafter. If the lowest local
bidder submits an offer that fully matches the lowest bid, less one (1) dollar, from
the lowest non-local bidder tendered previously, then award shall be made to the
local bidder. If the lowest local bidder declines or is unable to match the lowest
non-local bid price(s), then award will be made to the lowest overall qualified and
responsive bidder. If the lowest local bidder does not meet the requirement of F.S. §
287.087, and the lowest non-local bidder does, award will be made to the bidder
that meets the requirements of the reference state law.
(b) Request for proposals, qualifications or other submittals and competitive
negotiation and selection. For all purchases of commodities and services procured
through the Competitive Proposals (Section 12) or Competitive Selection and
Words Underlined are added;Words Stntek—Thr-eugh are deleted.
Page 2 of 4
I7F
Negotiation (Section 11) methods not otherwise exempt from this local preference
section, the RFP solicitation shall include a weighted criterion for local preference
that equals 10 percent of the total points in the evaluation criteria published in the
solicitation. Purchases of professional services as defined and identified under
subsection 11B.2 (which are subject to F.S. § 287.055) and subsection 11B.3 (which
are subject to F.S. § 11.45) shall not be subject to this local preference section.
(c) Should a tie bid occur between a non-local bidder and a local bidder, the County
shall award the contract to the local bidder. Should a tie occur between two local
bidders, the County will "flip a coin" between the two lowest bidders. The coin
toss winner will be awarded the contract upon approval by the Board of County
Commissioners.
(3) Waiver of the application of local preference. The application of Local Preference to a
particular purchase or contract may be waived upon approval of the Board of County
Commissioners.
(4) Comparison of qualifications. The preferences established herein in no way prohibit the
right of the Board of County Commissioners to compare quality of materials proposed for
purchase and compare qualifications, character, responsibility and fitness of all persons,
firms or corporations submitting bids or proposals. Further, the preferences established
herein in no way prohibit the right of the County Commission from giving any other
preference permitted by law instead of the preferences granted herein.
(5) Reciprocity. In the event Lee County, or any other Florida county or municipality ("local
government") deemed appropriate by the Collier County Board of Commissioners,
extends preferences to local businesses, Collier County may enter into an interlocal
agreement with such local government wherein the preferences of this section may be
extended and made available to vendors that have a valid occupational license issued by
that specific local government to do business in that local government that authorizes the
vendor to provide the commodities and services to be purchased, and a physical business
address located within the limits of that local government. Post Office Boxes are not
verifiable and shall not be used for the purpose of establishing said physical address. In
addition to the foregoing, a vendor shall not be considered a "local business" unless it
contributes to the economic development and well-being of the said local government
whichever is applicable, in a verifiable and measurable way. This may include, but not be
limited to, the retention and expansion of employment opportunities, the support and
increase to that local government's tax base, and residency of employees and principals of
the business located within the limits of that local government. Vendors shall affirm in
writing their compliance with the foregoing at the time of submitting their bid or proposal
to be eligible for consideration as a "local business" under this section. In no event shall
the amount of the preference accorded other local government firms exceed the amount
of preference that such local government extends to Collier County firms competing for
its contracts.
(6) Purview and administration of this Local Preference Policy. This policy shall apply to
all departments and units under the direct purview of the Board of County
Words Underlined are added;Words Struck-Through are deleted.
Page 3 of 4
17F
Commissioners. For purchases of $50,000.00 or less, the Purchasing Department shall
systematically encourage departments to include local vendors when soliciting quotations
in accordance with this policy.
(7) This Policy shall not be utilized with respect to any competitive solicitation for
construction services in which 50 percent or more of the cost will be paid from state-
appropriated funds which have been appropriated at the time of the competitive
solicitation.
SECTION TWO: Conflict and Severability.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION THREE: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinance of Collier County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION FOUR: Effective Date.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida,this 2.2.r day of S exrb e.3),r , 2015.
ATTEST: ' .;;,, BOARD OF COUNTY COMMISSIONERS
DWIGHT E.BROCK, Cid COLLIER COUNTY, FLORIDA
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al :�1 v\.4&0- c y: / e.' er
' t, ,'0.epitty Clerk TIM NANCE, CHAIRMAN
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1
• ...A C E�'to form and legality:
II!)7 This ordinance filed with th
`�=,n.retary of fate's Of c. t}
Jeffre 11• Klatzkow a9 J ay of_� Qyevriof"cX C--
Coun 4 orney and acknowledgement,A t;ct
fi; �� re eh/E.-1 this �`In d,:,
Words Underlined are added;Words Struck Through are deleted.
Page 4 of 4
I
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
September 24, 2015
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Ms. Teresa L. Cannon, BMR Senior Clerk
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2015-51, which was filed in this office on September 24,
2015.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270 • Facsimile: (850) 488-9879
www.dos.state.fl.us