Agenda 10/14/2008 Item # 9FPage I of I
Agenda Item No. 9F
October 14, 2008
Page 1 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 9F
Item Summary: Recommendation to approve an interlocal agreement with Lee County regarding the
administration of each Countys Local Vendor Preference Policy.
Meeting Date: 10/14,12008 9:00 00 AM
Approved By
Steve Carnell
Purchasing/General Svcs Director
Date
Administrative Services
Purchasing
101712008 4:35 PM
Approved By
Len Golden Price
Administrative Services Administrator
Date
Administrative Services
Administrative Services Admin.
1018,12008 8:15 AM
Approved By
Jeff Klatzkow
Assistant county Attorney
Date
County Attorney
County Attorney Office
10/8!2008 8:38 AM
Approved By
John A. Yonkosky
Director of the Office of N",anagement
Date
County Manager's Office
Office of Management & Budget
101812008 9:01 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
County hr,.anager's Office
10/812008 12:55 PM
Commissioners
file: / /C: \AgendaTest \Expoi-t\ 114- October%2014,%202008\09.%20BOARD%200F%2000... 10/8/2008
Agenda Item No, 9F
October 14, 2008
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EXECUTIVE SUMMARY
Recommendation to approve an interlocal agreement with Lee County
regarding the administration of each County's Local Vendor Preference
Policy.
OBJECTIVE: To enable vendors located in Collier or Lee Counties to be
recognized as local when doing business in the neighboring county.
CONSIDERATIONS: On June 10, 2008, the Board of County Commissioners
voted to amend the County's purchasing policy to include a local vendor
preference policy. Lee County has had a local vendor preference policy in place
for some time. Both are intended to promote economic development within both
counties.
Collier County's local vendor preference policy includes a reciprocity clause that
enables the County to enter into an interlocal agreement with other entities that
allows the parties to recognize each other's vendors as "local" for the purpose of
their respective policies. Given the close proximity of the two counties and the
fact that many vendors located in one county have a significant impact on the
economy of the neighboring county, it is recommended that the Board authorizes
the Chairman to sign the enclosed agreement with Lee County.
Under the proposed agreement, vendors located in Collier County would
compete for Lee County contracts under the terms and conditions of the Lee
County local preference policy as a "local" vendor. Concurrently, vendors located
in Lee County would compete for Collier County contracts as a "local" vendor
under the terms and conditions of Collier County's local vendor policy.
The enclosed agreement was not in final form at the agenda submission deadline
as staff was awaiting final comments and some insertions from Lee County staff.
A completed version of the agreement will be distributed at the Board meeting.
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 agreement has been reviewed by the Office
of the County Attorney and (pending final comments and insertions from Lee
County) is legally sufficient -- -CMG.
RECOMMENDATION: That the Board of County Commissioners approves the
enclosed reciprocal agreement with Lee County to recognize vendors in each
county as being "local" for the purposes of the other County's local vendor
preference policy,
Agenda Item No. 9F:'
October 14.2008
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PREPARED BY:
Steve Carnell, Purchasing/General Services Director
Tom Henning, Chairman, Board of County Commissioners
Agenda Item No. 9F
October 14, 2008
Page 4of6
AGREEMENT
THIS Agreement, made and entered into this day of , 2008
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 Board of County
Commissioners, Lee County, Florida, a political subdivision of the State of Florida, hereinafter
called Lee County.
WITNESSETH
WHEREAS, Lee County Ordinance No. 00 -10 extends specific preference considerations
to vendors located in Lee County and Collier County Resolution 2008 -181 extends preference
considerations to vendors located within Collier County;
WHEREAS, both Collier County and Lee County understand that there are numerous
local vendors that materially affect and significantly impact the economies of both counties;
WHEREAS, both counties wish to enter into a reciprocal agreement regarding the status
of vendors located within their respective counties; and
WHEREAS, both counties wish to continue to otherwise maintain the distinct
characteristics of their respective local preference practices.
NOW, therefore, in consideration of the promises and mutual covenants hereinafter
contained, Collier County and Lee County 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 Lee County 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, Lee County agrees to deem vendors with a physical
business address in Collier County to be "local" for preference purposes in Lee County provided
they meet all other aspects of the definition of "local" as set forth in 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 County elects to terminate
this Agreement; or elects to terminate its existing local vendor preference ordinance or
resolution.
2.02 Either County may terminate this Agreement upon sixty (60) days prior written notice to
the other County.
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Agenda Item No. 9F
October 14, 2008
Page 5 of n
SECTION III. INDEMNIFICATION
3.01 To the extent permitted by Florida law, each county shall each 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 § 76828, 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 Lee County shall be deemed duly served if mailed or
faxed to Lee County at the following address:
Lee County
9
4.02 All Notices from Lee County to Collier County shall be deemed duly served if mailed or
faxed to the following address:
Collier County Govermrrent Center
Purchasing Department - Purchasing Building
3301 Tarniami Trail East
Naples, Florida 34112
Attention: Steve Carnell, PurchasinglGS Director
Telephone: 239 -252 -8371
Facsimile: 239 -252 -6584
Either county 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.
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 county
commencing with the reciprocity described herein.
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Agenda Item No. 9F
October 14, 2008
Page 6 of 6
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 Counties.
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
Approved as to form and legal sufficiency
Colleen M. Greene
Assistant County Attorney
AS TO LEE COUNTY:
ATTEST:
(insert name here), CLERK
Approved as to form and legal sufficiency
(Insert Name Here)
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Tom Henning, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
LEE COUNTY, FLORIDA
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Ray Judah, CHAIRMAN