Backup Documents 07/28/2009 Item #16E 7
16E7
MEMORANDUM
Date: July 28, 2009
To: Scott Teach, Deputy County Attorney
County Attorney's Office
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Local Vendor Reciprocity Agreement w/City of
Bonita Springs
Enclosed please find two originals of the document referenced above
(Agenda Item #16E7), approved by the Board of County Commissioners
on Tuesday, July 28, 2009.
If you should have any questions, please call me at 252-8411.
Thank you.
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OFFICE OF THE COUNTY ATTORNEY
MEMORANDUM
DATE: June 10, 2009
TO: Steve Camell, Director, Purchasing ff1
FROM:
Scott R. Teach, Deputy County Attorney
SUBJECT: Local Vendor Reciprocity Agreement
Attached please find a copy of a letter dated June 8, 2009 from Audrey E. Vance and
three original Local Vendor Preference Reciprocity Agreements. Please note that subsequent to
Board approval, one fully executed original agreement must be returned to the City of Bonita
Springs.
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Attachments
04-PRC-0 1 049/951
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, I " . June 8, 2009
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Scott R. Teach, Deputy County Attorney
City of Collier County Attorneys Office
3301 Tamiami Trail East
'Bonita Springs Naples, Florida 34112-4961 ---,
9101 BONITA BEACH ROAD
BONITA SPRINGS, FL 34135
TEL: (239) 949-6262 Re: Local Vendor Preference Reciprocity Agreement --
FAX: (239) 949-6239 -,,-} (--~
www.cityofbonitasprings.org -,- "J. ::r:-
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Ben L. Nelson, Jr. Dear Mr. Teach: Qn-'
Mayor C:'-"J
Cl
Richard Ferreira Enclosed are three (3) originals of the Local Vendor Preference
Councilman
District One Reciprocity Agreement. Following approval by the Collier Board of
Janet Martin County Commissioners, kindly return one fully executed original to the
Councilwoman City of Bonita Springs.
District Two Thank you for your attention to this matter.
Patrick McCourt
Councilman ~?~
District Three
John D. Spear
Councilman
District Four ~y E. Vance
Martha Simons
Councilwoman City Attorney
District Five
William C. Lonkart AEV /dfg
Councilman Enclosure
District Six
Gary A. Price cc: Gary A. Price, City Manager
City Manager Dianne Lynn, City Clerk
Tel. (239) 949-6238 Daryl C. Walk, P.E., Public Works Manager
Audrey E. Vance Lisa Roberson, CPA, Finance Director
City Attorney
Tel. (239) 949-6254
City Clerk/Treasurer
Tel: (239) 949-6250
Public Works
Tel: (239) 949-6246
Code Enforcement
Tel: (239) 949-6257
Parks & Recreation
Tel: (239) 992-2556
U:\City Attorney\Letters\2009 Letters\Teach - ILA Reciprocity.doc
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16E7 '~
LOCAL VENDOR PREFERENCE RECIPROCITY AGREEMENT
~
THIS Agreement, made and entered into this d-f( day of 1'", 7 ' 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 I. 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
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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 S 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.
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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.
.A~ T9t~(9LLIER COUNTY: BOARD OF COUNTY COMMISSIONERS
.< ." ...~;;~{,' , COLLIER COUNTY, FLORIDA
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JATTEST.., .. ~
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. " . Attts.t. U to CNt'nNII . Donna Fiala, CHAIRMAN
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Jef y Klatzkow,
County Attorney
AS TO BONITA SPRINGS: ONITA SPRINGS, FLORIDA
ATTEST:
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Clerk Ben Nelson Jr., Mayor
Approved as to form and legal sufficiency
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City Atto~
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