Ordinance 2018-38 ORDINANCE NO.2018 -3 8
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 Struck4hcough are deleted.
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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.
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
Coity,Florida,this 10th day of July, 2018.
ATTEST' BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL COLLIER CO 1 TY, FLORIDA
INTEItIMICLERK
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BY: . I1
Attest as to Chairma � .lsty Clerk NDY SO IS, CHAIRMAN
Ign. ur only.
Approv,di . tfl orm and legality: This ordinance filed with the
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day of L a-o t
acknowledgement Qf, that
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Jeffrey 4 ' - '�' ow, County Attorney ' ThPilin. r-ceivedathiisC 0-1-""day
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FLORIDA DEPARTMENT Of STATE
c
RICK SCOTT KEN DETZNER
Governor Secretary of State
July 12, 2018
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Teresa Cannon
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. 2018-38, which was filed in this office on July 12, 2018.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.II.us