Agenda 06/26/2018 Item #16K806/26/2018
EXECUTIVE SUMMARY
Recommendation to authorize the County Attorney to advertise an ordinance amending the Local
Preference Policy as set forth in the County’s Procurement Ordinance.
OBJECTIVE: To eliminate the one-year requirement that a vendor has a current Business Tax Receipt
issued by the Collier County Tax Collector in order to qualify as a local vendor.
CONSIDERATIONS: During the Public Petitions portion of the June 12th Regular Board meeting Mr.
Richard D. Housh, representing Juice Tehnologies, Inc. dba Plug Smart, requested that the Board consider
eliminating the one-year requirement that a vendor has a current Business Tax Receipt issued by the
Collier County Tax Collector in order to qualify as a local vendor. The majority of the Board agreed with
this request, and directed that from a going forward basis this requirement be eliminated. In keeping with
Board direction, the County Attorney has drafted the following proposed amendment to the Procurement
Ordinance:
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 Procurement 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 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.
The proposed amendment further provides that “This Ordinance shall apply to the procurement
of goods and services by the County as of June 12, 2018, and shall be effective upon filing with the
Department of State.
Please note that the proposed amendment does not necessarily mean that Mr. Richard D. Housh
will qualify as a local vendor, as the other requirements in the ordinance, such as the business must be in
an area zoned for the conduct of such business (Mr. Housh listed his residence as the address for his
business), may not be met.
06/26/2018
FISCAL IMPACT: Estimated cost of advertising is $350.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners authorize the County Attorney to
advertise an ordinance amending the Local Preference Policy as set forth in the County’s Procurement
Ordinance.
Prepared by: Jeffrey A. Klatzkow, County Attorney
ATTACHMENT(S)
1. Ordinance - Purchasing - LVP Amendment 061518 (DOC)
06/26/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.8
Doc ID: 6009
Item Summary: Recommendation to authorize the County Attorney to advertise an ordinance
amending the Local Preference Policy as set forth in the County’s Procurement Ordinance.
Meeting Date: 06/26/2018
Prepared by:
Title: Legal Assistant/Paralegal – County Attorney's Office
Name: Virginia Neet
06/19/2018 10:54 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
06/19/2018 10:54 AM
Approved By:
Review:
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/19/2018 11:01 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 06/19/2018 11:20 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/19/2018 11:55 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 06/19/2018 1:23 PM
Board of County Commissioners MaryJo Brock Meeting Pending 06/26/2018 9:00 AM
Words Underlined are added; Words Struck-Through are deleted.
Page 1 of 2
ORDINANCE NO. 2018 - ______
AN ORDINANCE AMENDING ORDINANCE 2013-69, KNOWN AS THE
COLLIER COUNTY PROCUREMENT ORDINANCE, BY
SPECIFICALLY AMENDING SECTION FIFTEEN, “PROCEDURE TO
PROVIDE PREFERENCE TO LOCAL BUSINESSES IN COUNTY
CONTRACTS,” TO REMOVE THE REQUIREMENT THAT A BUSINESS
WAS ISSUED A BUSINESS TAX RECEIPT BY THE COLLIER COUNTY
TAX COLLECTOR AT LEAST A YEAR PRIOR TO A BID OR
PROPOSAL TO BE CONSIDERED A LOCAL BUSINESS; 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 of Collier
County (Board) adopted Ordinance No. 2013-69, now known as the Collier County Procurement
Ordinance, which ordinance has been amended from time to time; and
WHEREAS, at a public meeting on June 12, 2018, the Board directed that the Local
Preference Policy set forth in the Procurement Ordinance be amended to remove the requirement
that a business had been issued a business tax receipt by the Collier County Tax Collector for at
least a year prior to a bid or proposal to be considered a local business, and that the removal of
that requirement be administratively implemented from the date of that meeting forward.
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.
2018-08.
Section Fifteen, subparagraph 1 of Ordinance No. 2017-69 is hereby amended as follows:
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 Procurement 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
Words Underlined are added; Words Struck-Through are deleted.
Page 2 of 2
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 Collier
County in a verifiable and measurable way. This may include, but not be lim ited 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.
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 apply to the procurement of goods and services by the County as
of June 12, 2018, and 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 10th day of July, 2018.
ATTEST BOARD OF COUNTY COMMISSIONERS
LAIRD A. LILE, CLERK AD INTERIM COLLIER COUNTY, FLORIDA
______________________________ By: ________________________________
, Deputy Clerk ANDY SOLIS, CHAIRMAN
Approved as to form and legality:
_______________________________
Jeffrey A. Klatzkow, County Attorney