Loading...
Agenda 07/28/2009 Item #16E 7Agenda Item No. 16E7 July 28, 2009 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to enter into an interlocal agreement with the City of Bonita Springs to mutually extend local preference to vendors within both entities. OBJECTIVE: To enable vendors located in Collier County and the City of Bonita Springs to be recognized as local when doing business with the neighboring entity. CONSIDERATIONS: The City of Bonita Springs is located in Lee County, but its corporate limits are proximate to Collier County's borders. Many of the City's residents work in or do business in Collier County. Similarly, many residents of and businesses located in Collier County conduct business in Bonita Springs. Section XI.(5) of the County's purchasing policy includes a reciprocity clause that enables the County to enter into an interlocal agreement with other local governments that allows the parties to recognize each other's vendors as "local" for the purpose of their respective purchasing practices. Given the close proximity of Collier County and the City of Bonita Springs to one another and the fact that many vendors located in one entity have a significant impact on the economy of the neighboring entity, it is recommended that the Board authorizes the Chairman to sign the enclosed agreement with the City of Bonita Springs. The City does not presently have its own local vendor preference policy. Hence, for the purposes of this agreement, the City intends to use the Lee County Local Preference Policy as its standard for extending preference to its vendors. Under the proposed agreement, vendors located in Collier County would compete for the City's contracts under the terms and conditions of the Lee County local preference policy as a "local" vendor provided that they otherwise meet all requirements of the Lee County policy. Concurrently, vendors located in Bonita Springs would compete for Collier County contracts as a "local" vendor under Collier County's local preference policy assuming that they otherwise meet all requirements of the Collier County policy. Failure to approve this agreement could potentially place vendors located in Collier County at a competitive disadvantage when seeking work with the City. FISCAL IMPACT: There is no direct fiscal impact resulting from this action. GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office, is not quasi - judicial and requires no ex parte disclosure, requires only a majority vote for approval, and is otherwise legally sufficient for Board action. —SRT RECOMMENDATION: That the Board of County Commissioners approves the enclosed local vendor preference reciprocal agreement with the City of Bonita Springs. PREPARED BY: Steve Carnell, Purchasing /General Services Director Agenda Item No. 16E7 July 28, 2009 Page 2 of 6 Page 1 of 1 Agenda Item No. 16E7 July 28, 2009 Page 3 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16E7 Item Summary: Recommendation to enter into an interlocal agreement with the City of Bonita Springs to mutually extend local preference to vendors within both entities. Meeting Date: 7/28/2009 9:00:00 AM Approved By Steve Carneil Purchasing /General Svcs Director Date Administrative Services Purchasing 7/812009 8:29 AM Approved By Scott R. Teach Assistant County Attorney Date County Attorney County Attorney Office 7115/2009 9:20 AM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 7/15/2009 2:44 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 7116/2009 1:39 PM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 7/20/2009 4:11 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County County Manager's Office 7/21/2009 10:53 AM Commissioners file //f •\ Aoent�aTect \F.xnnrtll�;- liilvo /�(l�R 0/7(1'7OOCA1( 0 /7(1('()UCFlxiT0 /"?OAl;FTTT)A \1 7/7)/7(1(10 Agenda Item No. 16E7 July 28, 2009 Page 4 of 6 LOCAL VENDOR PREFERENCE RECIPROCITY AGREEMENT THIS Agreement, made and entered into this day of , 2009, by and between the Board of County Commissioners, Collier County, Florida, a political subdivision of the State of Florida, hereinafter called Collier County, and the City of Bonita Springs, a Florida municipal corporation, hereinafter called Bonita Springs. WITNESSETH WHEREAS, the Board of County Commissioners for Lee County, Florida ( "Lee County "), a political subdivision of the State of Florida, enacted its Ordinance No. 00 -10, which extended specific preference considerations to vendors located in Lee County, Florida, and Collier County through its Resolution No. 2008 -181 extended preference considerations to vendors located within Collier County; and WHEREAS, Collier County and Lee County previously entered into a local vendor preference reciprocity agreement, which was approved by their Board of County Commissioners on October 14, 2008, and November 25, 2008, respectively; and WHEREAS, both Collier County and Bonita Springs understand that there are numerous local vendors that materially affect and significantly impact the economies of their citizens; and WHEREAS, both Collier County and Bonita Springs wish to enter into a reciprocal agreement regarding the status of vendors located within their respective county and municipal boundaries; and WHEREAS, Bonita Springs wishes to follow and adhere to the distinct local vendor preference policy articulated in Lee County Ordinance No. 00 -10 as does Collier County with respect to the local vendor preference policy established in its Resolution No. 2008 -181; and NOW, therefore, in consideration of the promises and mutual covenants hereinafter contained, Collier County and Bonita Springs hereby agree to enter into this Agreement. SECTION L DESCRIPTION OF RECIPROCITY 1.01 Under the terms of this Agreement, Collier County agrees to deem vendors with a physical business address in Bonita Springs to be "local" for preference purposes in Collier County provided they meet all other aspects of the definition of "local" as set forth in Collier County Resolution 2008 -181. Concurrently, Bonita Springs agrees to deem vendors with a physical business address in Collier County to be "local" for preference purposes in Bonita Springs provided they meet all other aspects of the definition of "local" as set forth in under Lee County Ordinance No. 00 -10. SECTION II. TERMS 2.01 Except as this Agreement may otherwise be terminated, this Agreement shall remain in full force from the date first above written until such time as either Collier County or Bonita Page 1 of 3 Agenda Item No. 16E7 July 28, 2009 Page 5 of 6 Springs elects to terminate this Agreement; or such time that Collier County elects to terminate its existing local vendor preference resolution. 2.02 Either Party may terminate this Agreement upon sixty (60) days prior written notice to the other. SECTION III. INDEMNIFICATION 3.01 To the extent permitted by Florida law, each Party shall defend, indemnify and save the other harmless from any and all claims, liability, losses and causes of actions arising out of any act, error, omission, or negligence arising from or incident to the Parties' performance under this Agreement. Neither Party shall be responsible for any incident arising from the sole negligence of the other. This section is not intended to extend the limits of sovereign immunity as provided in § 768.28, Fla. Stat. (2007). This provision shall also pertain to any claims brought against the Parties by any employee of the named Parties, any sub - contractor, or anyone directly or indirectly employed by any of them. The Parties' obligations under this provision shall be limited to the extent provided by Florida law. SECTION IV. NOTICES. 4.01 All notices from Collier County to Bonita Springs shall be deemed duly served if mailed or faxed to Bonita Springs at the following address: Bonita Springs City Hall 9101 Bonita Beach Road Bonita Springs, FL 34135 Attention: City Manager Main Phone Number: (239)949 -6262 Main Fax Number- (239)949 -6239 4.02 All Notices from Bonita Springs to Collier County shall be deemed duly served if mailed or faxed to the following address: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail East Naples, Florida 34112 Attention: Steve Carnell, Purchasing/GS Director Telephone: 239 - 252 -8371 Facsimile: 239- 252 -6584 Either government may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. Page 2 of 3 Agenda Item No. 16E7 July 28, 2009 Page 6 of 6 SECTION V. MISCELLANEOUS 5.01 This Agreement shall be governed by the laws of the State of Florida. In the event any litigation is instituted by way of construction or enforcement of this Agreement the Party prevailing in said litigation shall be entitled to collect and recover from the opposite Party all court costs and other expenses including reasonable attorney's fees. 5.02 It is understood that this Agreement shall be executed by both Parties prior to either local government commencing with the reciprocity described herein. 5.03 This Agreement contains the entire understanding between the Parties and any modifications to this Agreement shall be mutually agreed upon in writing by both local governments. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. AS TO COLLIER COUNTY: ATTEST: DWIGHT E. BROCK, CLERK Approv as to form 1 gal sufficiency Jeffrey latzkow, County Attorney AS TO BONITA SPRINGS: AT TES ES P; - .fern Approved as to form and legal sufficiency City Atto BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Page 3 of 3 Donna Fiala, CHAIRMAN A SPRINGS, FLORIDA Ben Nelson Jr., Mayor