Loading...
Backup Documents 09/22/2015 Item #17F September 22, 1015 Ords Amending Ords 75-16, 75-16 J13-69 & Human Trafficking 17F COLLIER COUNTYI A FLOR D ,,, r I REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS . , . • To: Clerk to the Board: Please place the following as a: 'rpt °'�.\_, XXX Normal legal Advertisement ❑ Other: (Display Adv.,location,etc.) Originating Dept/Div County Attorney Person: Jeffrey A Klatzkow Date: September 1,2015 Petition No.(If none,give brief description):4 Ordinances-NOTE: USE PLURAL IN THE HEADING AND TEXT OF THE AD Name&Address of any person(s)to be notified by Clerk's Office:(If more space is needed,attach separate sheet) See Above Hearing before BCC BZA Other Requested Hearing date:(Based on advertisement appearing 10+days before hearing.) September 22,2015(ad to run no later than FRIDAY,September 11,2015) Newspaper(s)to be used: (Complete only if important): XXX Naples Daily News 0 Other XXX Legally Required Proposed Text: (Include legal description&common location&Size: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SECTION ONE OF ORDINANCE NO. 75-16, AS AMENDED, "MEETINGS OF THE BOARD OF COUNTY COMMISSIONERS," SPECIFICALLY PARAGRAPH 6, "RECONSIDERATION OF MATTERS GENERALLY," AS IT RELATES TO THE TIMEFRAME BETWEEN THE BOARD'S ACTION ON AN AGENDA ITEM AND THE COMMISSIONER'S REQUEST FOR RECONSIDERATION; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SECTION ONE OF ORDINANCE NO. 75-16, AS AMENDED, "MEETINGS OF THE BOARD OF COUNTY COMMISSIONERS," SO AS TO ALLOW FOR "ELECTRONIC MEETINGS" DURING EMERGENCY SITUATIONS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2013-69, AS AMENDED, KNOWN AS THE COLLIER COUNTY PURCHASING ORDINANCE, BY AMENDING SECTION FIFTEEN,"PROCEDURE TO PROVIDE PREFERENCE TO LOCAL BUSINESSES IN COUNTY CONTRACTS," IN ORDER TO CONFORM WITH RECENT CHANGES IN FLORIDA LAW; PROVIDING FOR CONFLICT AND SEVERABILITY, PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES, AND PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,TO ENFORCE THE POSTING OF HUMAN TRAFFICKING PUBLIC AWARENESS SIGNS IN THE BUSINESS ESTABLISHMENTS DEFINED HEREIN; PROVIDING FOR DEFINITIONS; PROVIDING FOR GENERAL REQUIREMENTS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE OF JANUARY 1,2016 Companion petition(s), if any&proposed hearing date: N/A Does Petition Fee include advertising cost?0 Yes XXX No If Yes,what account should be charged for advertising costs: PO#4500153762 Reviewed i : _ _ Ytlr,I 'Ms Division A 'i ��'.trator or Designee Date s List Attachments: Proposed Ordinances r i 17F DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved,be sure that any necessary legal review,or request for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda file: to ❑Requesting Division ❑Original Clerk's Office Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file. FOR CLERK'SS O „II E USE ONLY: n 9 Date Received: G'✓ J Date of Public hearing: '2- Date Advertised: 1 `/ 17F ORDINANCE NO. 2015- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SECTION ONE OF ORDINANCE NO. 75-16, AS AMENDED, "MEETINGS OF THE BOARD OF COUNTY COMMISSIONERS," SPECIFICALLY PARAGRAPH 6, "RECONSIDERATION OF MATTERS GENERALLY," AS IT RELATES TO THE TIMEFRAME BETWEEN THE BOARD'S ACTION ON AN AGENDA ITEM AND THE COMMISSIONER'S REQUEST FOR RECONSIDERATION; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on April 22, 1975, the Board of County Commissioners (Board) adopted Ordinance No. 75-16 which established the time,place and conduct of its meetings;and WHEREAS, subsequent amendments to Ordinance No. 75-16 reflect the evolving practices and procedures relating to the meetings of the Board of County Commissioners; and WHEREAS, the Board desires to further amend Ordinance No. 75-16 as it relates to the timeframe between the Board action on an agenda item and the Commissioner's request for reconsideration. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: SECTION ONE: AMENDMENT TO SECTION ONE, PARAGRAPH 6, OF ORDINANCE NO. 75-16,AS AMENDED. Section One,Paragraph 6,is hereby amended as follows: 6. Reconsideration of matters generally. (a) Any matter which has been voted upon by the Board of County Commissioners may be reconsidered as follows: (1) By a motion to reconsider made by a member who voted with the majority if such motion is made prior to the adjournment of the meeting at which the matter was voted upon. If there were no public speakers on the item, or if all of the public speakers for the item are still present in the boardroom following a successful motion to reconsider, the Board may elect to rehear the matter during that meeting, or direct the County Manager to place the item on the agenda for a future meeting not later than the second regular Commission meeting following the meeting at which the motion for reconsideration was adopted. If there were public speakers for the item, and not all of the public speakers are still present in the Words Underlined are added;Words Struck hrough are deleted. Page 1 of 3 17F boardroom following a successful motion to reconsider, the County Manager will place the item on the agenda not later than the second regular Commission meeting following_the meeting at which the motion for reconsideration was adopted. . . . .. . •• _- •-_ :.. - • •• . . (2). :••• • ' . .. . _ • . .. ' . _ : ... . . - t::. . . . _ .. •- reconsideration. W(iv) All parties who participated by speaking, submitting registration forms or written materials at the first hearing, shall be notified by the County Manager of the date of reconsideration. (b) This section shall apply to any matters which may lawfully be reconsidered except those matters which are covered by Paragraph 7 below. 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 the 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 Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. Words Underlined are added;Words StFuek-Through are deleted. Page 2 of 3 17F SECTION FOUR: EFFECTIVE DATE. This Ordinance 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 day of , 2015. A 1TEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk TIM NANCE, CHAIRMAN Approv: . : o orm and legality: .411 Jeffrey tzkow County . ey Words Underlined are added;Words S�eir.--111migh are deleted. Page 3 of 3 17F ORDINANCE NO.2015- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SECTION ONE OF ORDINANCE NO. 75-16, AS AMENDED, "MEETINGS OF THE BOARD OF COUNTY COMMISSIONERS," SO AS TO ALLOW FOR "ELECTRONIC MEETINGS" DURING EMERGENCY SITUATIONS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on April 22, 1975, the Board of County Commissioners (Board) adopted Ordinance No. 75-16 which established the time,place and conduct of its meetings;and WHEREAS, subsequent amendments to Ordinance No. 75-16 reflect the evolving practices and procedures relating to the meetings of the Board of County Commissioners; and WHEREAS, the Board desires to further amend Ordinance No. 75-16 to specifically provide the Board with the ability to meet electronically during emergency situations. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: SECTION ONE: AMENDMENT TO SECTION ONE OF ORDINANCE NO. 75-16, AS AMENDED. Section One is hereby amended as follows: 1. Meetings of the Board of County Commissioners: (a) Regular meetings. The Board of County Commissioners shall normally hold its regular meeting at 9:00 a.m. each second and fourth Tuesday, except on a day designated as a holiday, interim recess, or as otherwise directed by an affirmative vote of the majority of all Board members present. Meetings may be postponed or cancelled by an affirmative vote of the majority of all Board members present. Meetings shall normally be held at the Collier County Government Center and shall be open to the news media and the public. Meetings may be held in other locations within the County. (b) Special meetings. When the Chairman or a majority of the Board calls a special meeting, the County Manager or his designee shall notify the Clerk, the County Attorney, and issue press releases advising of the place, date and hour of the meeting and the purpose for which the meeting is called. Words Underlined are added;Words S ek-Thretegh are deleted. Page I of 5 17F f c) Electronic meetings. When a quorum of the Board is unable to meet at the Collier County Government Center due to extraordinary circumstances, the Chairman or, in the Chairman's absence, any member of the Board, may call for an electronic meeting. The electronic meeting shall be conducted by teleconference, videoconference, or in such other manner as the County Manager deems best given the existing circumstances and available technologies. The agenda for such meeting shall be limited to those matters calling for immediate action or attention, such as a Declaration of a State of Emergency. Prior to hearing the first item on the agenda, the participating members must first make a fmding that extraordinary circumstances exist to warrant the electronic meeting. If after exercising due diligence the County Manager is unable to reach three Board members, then in such event a quorum shall consist of two members of the Board who may participate electronically. Notice of the Electronic Meeting shall be given in the same manner as a Special Meeting. (e d) Agenda. There shall be an official agenda for each meeting of the Board, which shall determine the order of business conducted at the meeting. (1) The Board shall not take action upon any matter, proposal, report or item of business not listed upon the official agenda, unless a majority of the Board present consents. (2) The County Manager shall prepare each agenda in appropriate form approved by the Board. Matters may be placed on the agenda by the County Manager, any County Commissioner, the Clerk, the County Attorney,and the constitutional officers. The agenda shall be prepared and distributed not later than four days preceding the regular meeting. (3) Prior to the publishing of the agenda, matters placed on the agenda should include as much supporting documents, information, and materials as is needed to aid the Board in its preparation and deliberation of the agenda item. Documents, information and materials will not be accepted by the Board following publication of the agenda unless offered by a Commissioner or the County Manager. Should additional documents, information and materials be presented to the Board following publication, the Board may,by a majority vote of those present,elect to either continue the agenda item to a future Board meeting, or waive this requirement and hear the matter if it determines that the agenda item is of significant public importance and should not be postponed. (4) All requests for a continuance of an agenda item, including matters advertised for a public hearing, require Board of County Commission approval. No person shall be entitled to rely for any reason upon any assurances that an agenda item or public hearing will be continued. A continuance shall only be granted by an affirmative vote of the majority of the Board Members present. Words Underlined are added;Words Samek--Threugh are deleted. Page 2 of 5 17F (d g) Presiding officer, election, duties. The presiding Chairman and Vice-Chairman shall be elected by a majority of the members of the Board of County Commissioners and said election shall occur at the first regularly scheduled Board meeting in January of each year. In the event that the Chairman and/or the Vice- Chairman are not reelected as Commissioners in any given year, unless a Special Meeting is called, the Board of County Commissioners shall elect a Chairman and/or Vice-Chairman, as applicable, at the first regularly scheduled Board meeting on or after the second Tuesday after the election to temporarily serve until the first regularly scheduled Board meeting in January at which time the scheduled election shall take place. However, the Chairman and the Vice- Chairman shall serve at the pleasure of the Board. The Vice-Chairman shall preside in the absence of the Chairman. With respect to all matters outside of meetings (see subsection (e) below), in the absence of both the Chairman and the Vice-Chairman, the immediate past Chairman shall act as temporary Chairman, and if there is no immediate past Chairman, then the longest tenured Commissioner shall so act. The Chairman shall become the presiding officer immediately after his or her election. The Chairman shall preserve order and decorum at all meetings. He shall state every question and announce the decision of the commission on each item of business. The majority vote of the members present shall determine all questions of order not otherwise covered. The Chairman may vote on any question, his or her name being called last. The Chairman shall sign all ordinances, resolutions and legally binding documents adopted by the Commission during his or her presence. In his or her absence,such ordinances, resolutions and legally binding documents shall be signed by the presiding officer. (e f, Call to Order. At the hour appointed for the meeting, the Chairman shall immediately call the Commission to order. In the physical absence of the Chairman, and the Vice-Chairman, the Board members present shall elect a temporary Chairman and a temporary Vice-Chairman by majority vote, and the Chairman so elected shall then call the meeting to order and shall serve until arrival of the Chairman or Vice-Chairman. (€g) Quorum.A majority of the Board shall constitute a quorum.No resolution, legally binding document or motion shall be adopted by the Board without the affirmative vote of the majority of all members present. Should no quorum attend within 30 minutes after the hour appointed for the meeting, the Chairman, Vice- Chairman, or in their absence, the Clerk or his designee,may adjourn the meeting. (g 11) Super-Majority Exception. Whenever provided by general law, special law, ordinance, or as specified by resolution adopted by a majority of the full membership of the Board, and notwithstanding subsection (f), a motion, ordinance, legally binding document or resolution may be required to be adopted by an affirmative vote of four-fifths(4/5)of the full membership of the Board. Words Underlined are added;Words Std-Trete are deleted. Page 3 of 5 hF (hi) Rules of debate. The following rules of debate shall be observed by the Board. Except as herein provided questions of order and the conduct of business shall be governed by Robert's Rules of Order. (1) Motion under consideration. When a motion is presented and seconded, it is under consideration and no other motion shall be received thereafter, except to adjourn, to lay on the table, to postpone, or to amend until the question is decided. These countermotions shall have preference in the order in which they are mentioned, and the first two shall be decided without debate. Final action upon a pending motion may be deferred until the next meeting by majority of the members present. (2) Chairman participation. The presiding Chairman may move, second and debate from the chair, and shall not be deprived of any of the rights and privileges of a Commissioner by reason of being the presiding Chairman. (3) Form of address. Each member shall address only the presiding officer for recognition, shall confine himself to the question under debate, and shall avoid personalities and indecorous language. (4) Interruption. A member, once recognized, shall not be interrupted except by a call to order or as herein otherwise provided. If a member is called to order, he shall stop speaking until the question is determined by the presiding officer. Any member may appeal the decision of the Chairman to the Board for decision by majority vote. (5) Privilege of closing debate. The Commissioner moving for the adoption of an ordinance, resolution or other act shall have the privilege of closing debate unless otherwise directed by the Chair. (6) The question. Upon the closing of debate any member may require a roll call vote. Any member may give a brief statement or file a written explanation of his or her vote. (}j) Minutes. The minutes of prior meetings approved by a majority of the members present shall become the official minutes. Each resolution, ordinance and legally binding document shall be signed by the presiding officer at the meeting and by the Clerk and entered in the minutes. 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 the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a Words Underlined are added;Words Sigh are deleted. Page 4 of 5 i 17F 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 Ordinances of Collier County, Florida. The sections of the Ordinances 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 be effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida,this day of , 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK,CLERK COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk TIM NANCE, CHAIRMAN Appr ed t' t 4 si, • • legality: ..4i,i Jeffrey Pl. tzkow County ey Words Underlined are added;Words Struck—'Fthreegh are deleted. Page 5 of 5 17F ORDINANCE NO. 2015 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2013-69, AS AMENDED, KNOWN AS THE COLLIER COUNTY PURCHASING ORDINANCE, BY AMENDING SECTION FIFTEEN, "PROCEDURE TO PROVIDE PREFERENCE TO LOCAL BUSINESSES IN COUNTY CONTRACTS," IN ORDER TO CONFORM WITH RECENT CHANGES IN FLORIDA LAW; 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 (Board) adopted Ordinance No. 2013-69,known as the Collier County Purchasing Ordinance; and WHEREAS, the Board subsequently amended the Collier County Purchasing Ordinance through its adoption of Ordinance No. 2015-37; and WHEREAS, the Florida Legislature recently enacted SB 778, "prohibiting local ordinances and regulations from restricting competition for the award of a contract for construction services based upon certain conditions;"and WHEREAS, the Board wishes to amend its Purchasing Ordinance to conform the County's Preference to Local Businesses in County contracts to these changes in Florida law. 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. 2013-69, as Amended. 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 Purchasing 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 Words Underlined are added;Words Sough are deleted. Page 1 of 4 17F 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. (2) Preference in purchase of commodities and services by means of competitive bid, request for proposals, qualifications or other submittals and competitive negotiation and selection. Under any such applicable solicitation, bidders/proposers desiring to receive local preference will be invited and required to affirmatively state and provide documentation as set forth in the solicitation in support of their status as a local business. Any bidder/proposer who fails to submit sufficient documentation with their bid/proposal offer shall not be granted local preference consideration for the purposes of that specific contract award. Except where federal or state law, or any other funding source, mandates to the contrary,Collier County and its agencies and instrumentalities, will give preference to local businesses in the following manner: (a) Competitive bid (local price match option). Each formal competitive bid solicitation shall clearly identify how the price order of the bids received will be evaluated and determined. When a qualified and responsive, non-local business submits the lowest price bid, and the bid submitted by one or more qualified and responsive local businesses is within ten percent of the price submitted by the non- local business, then the local business with the apparent lowest bid offer (i.e., the lowest local bidder) shall have the opportunity to submit an offer to match the price(s), less one (1) dollar, offered by the overall lowest, qualified and responsive bidder. In such instances, staff shall first verify if the lowest non-local bidder and the lowest local bidder are in fact qualified and responsive bidders. Next, the Purchasing Department shall determine if the lowest local bidder meets the requirements of F.S. § 287.087(Preferences to businesses with drug-free workplace programs). If the lowest local bidder meets the requirements of F.S. § 287.087, the Purchasing Department shall invite the lowest local bidder to submit a matching offer, less one(1)dollar, within five(5)business days thereafter. If the lowest local bidder submits an offer that fully matches the lowest bid, less one (1) dollar, from the lowest non-local bidder tendered previously, then award shall be made to the local bidder. If the lowest local bidder declines or is unable to match the lowest non-local bid price(s), then award will be made to the lowest overall qualified and responsive bidder. If the lowest local bidder does not meet the requirement of F.S. § 287.087, and the lowest non-local bidder does, award will be made to the bidder that meets the requirements of the reference state law. (b) Request for proposals, qualifications or other submittals and competitive negotiation and selection. For all purchases of commodities and services procured through the Competitive Proposals (Section 12) or Competitive Selection and Words Underlined are added;Words are deleted. Page 2 of 4 17F Negotiation (Section 11) methods not otherwise exempt from this local preference section, the RFP solicitation shall include a weighted criterion for local preference that equals 10 percent of the total points in the evaluation criteria published in the solicitation. Purchases of professional services as defined and identified under subsection 11 B.2 (which are subject to F.S. § 287.055)and subsection 11B.3 (which are subject to F.S. § 11.45)shall not be subject to this local preference section. (c) Should a tie bid occur between a non-local bidder and a local bidder, the County shall award the contract to the local bidder. Should a tie occur between two local bidders, the County will "flip a coin" between the two lowest bidders. The coin toss winner will be awarded the contract upon approval by the Board of County Commissioners. (3) Waiver of the application of local preference. The application of Local Preference to a particular purchase or contract may be waived upon approval of the Board of County Commissioners. (4) Comparison of qualifications. The preferences established herein in no way prohibit the right of the Board of County Commissioners to compare quality of materials proposed for purchase and compare qualifications, character, responsibility and fitness of all persons, firms or corporations submitting bids or proposals. Further, the preferences established herein in no way prohibit the right of the County Commission from giving any other preference permitted by law instead of the preferences granted herein. (5) Reciprocity. In the event Lee County, or any other Florida county or municipality("local government") deemed appropriate by the Collier County Board of Commissioners, extends preferences to local businesses, Collier County may enter into an interlocal agreement with such local government wherein the preferences of this section may be extended and made available to vendors that have a valid occupational license issued by that specific local government to do business in that local government that authorizes the vendor to provide the commodities and services to be purchased, and a physical business address located within the limits of that local government. Post Office Boxes are not verifiable and 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 the said local government whichever is applicable, in a verifiable and measurable way. This may include,but not be limited to, the retention and expansion of employment opportunities, the support and increase to that local government's tax base,and residency of employees and principals of the business located within the limits of that local government. 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. In no event shall the amount of the preference accorded other local government firms exceed the amount of preference that such local government extends to Collier County firms competing for its contracts. (6) Purview and administration of this Local Preference Policy. This policy shall apply to all departments and units under the direct purview of the Board of County Words Underlined are added;Words ask-Thrcagh are deleted. Page 3 of 4 hF Commissioners. For purchases of $50,000.00 or less, the Purchasing Department shall systematically encourage departments to include local vendors when soliciting quotations in accordance with this policy. (7) This Policy shall not be utilized with respect to any competitive solicitation for construction services in which 50 percent or more of the cost will be paid from state- appropriated funds which have been appropriated at the time of the competitive solicitation. 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 be effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida,this day of ,2015. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk TIM NANCE,CHAIRMAN • .on�' to form and legality: IP/ ' Jeffre / • atzkow Count orney Words Underlined are added;Words - off are deleted. Page 4 of 4 17F ORDINANCE NO.2015- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO ENFORCE THE POSTING OF HUMAN TRAFFICKING PUBLIC AWARENESS SIGNS IN THE BUSINESS ESTABLISHMENTS DEFINED HEREIN; PROVIDING FOR DEFINITIONS; PROVIDING FOR GENERAL REQUIREMENTS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE OF JANUARY 1,2016. WHEREAS, human trafficking is a form of modern-day slavery, which involves the exploitation of persons for commercial sex or forced labor and often subjects victims to force, fraud and coercion;and WHEREAS, while many victims of human trafficking are forced to work in prostitution or the sexual entertainment industry, trafficking also occurs in forms of labor exploitation, such as domestic servitude and restaurant,janitorial, sweatshop factory and agricultural work; and WHEREAS, traffickers use various techniques to instill fear in victims to keep them enslaved such as isolation, threats of imprisonment and deportation, confiscation of passports, visas or other identification documents and threats of violence toward victims or their families; and WHEREAS, effective January 1, 2016, Section 787.29, Florida Statutes, authorizes counties to enforce the posting of human trafficking public awareness signs in certain establishments; and WHEREAS, the Board of County Commissioners finds that it will serve the public health, safety and welfare of the citizens of Collier County to inform the public as to the existence of human trafficking and the reporting thereof. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,THAT: SECTION ONE: DEFINITIONS The following words, phrases, or terms when used in this Ordinance shall, unless the content otherwise indicates,have the meanings provided below. 1 1 7 F Adult Entertainment Establishment means adult bookstores and theaters, special cabarets and unlicensed massage establishments regulated pursuant to Chapter 847, Florida Statutes and defined in Section 847.001, Florida Statutes, as may be amended and strip clubs. 2. Bodywork Services means services involving therapeutic touching or manipulation of the body using specialized techniques. 3. Business or establishment means any place of business or any club, organization, person, firm, corporation or partnership, wherein massage or bodywork services are provided and such establishment is not owned by a health care profession regulated pursuant to Chapter 456, Florida Statutes, and defined in Section 456.001, Florida Statutes,as may be amended. 4. Human trafficking means transporting, soliciting, recruiting, harboring, providing, enticing, maintaining, or obtaining another person for the purpose of exploitation of that person regulated pursuant to Chapter 787, Florida Statutes, and defined in Section 787.06, Florida Statutes, as may be amended. 5. Massage services means the manipulation of the soft tissues of the human body with the hand, foot, arm, or elbow, whether or not such manipulation is aided by hydrotherapy, including colonic irrigation, or thermal therapy; any electrical or mechanical device; or the application to the human body of a chemical or herbal preparation. SECTION TWO: GENERAL REQUIREMENTS. A. The employer at each of the following establishments shall display public awareness signs in a conspicuous location that is clearly visible to the public and employees of the establishment: (1) A strip club or other adult entertainment establishment. (2) A business or establishment that offers massage or bodywork services for compensation that is not owned by a health care profession regulated pursuant to Chapter 456, Florida Statutes,and defined in Section 456.001, Florida Statutes. 2 i7F B. The required public awareness sign must be at least 8.5 inches by 11 inches in size, must be printed in at least a 16-point type,and must state substantially the following in English and Spanish: "If you or someone you know is being forced to engage in an activity and cannot leave-whether it is prostitution, housework, farm work, factory work, retail work, restaurant work,or any other activity-call the National Human Trafficking Resource Center at 1- 888-373-7888 or text INFO or HELP to 233-733 to access help and services. Victims of slavery and human trafficking are protected under United States and Florida law." Posted Pursuant to Section 787.29, Florida Statutes and Collier County Code of Laws and Ordinance Section SECTION THREE: ENFORCEMENT. It is unlawful to violate any provisions of this Ordinance and any violation hereof shall be deemed a noncriminal violation, punishable by a fine only as provided in Section 775.083, Florida Statutes. SECTION FOUR: 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 Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FIVE: 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 the 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. 3 17F SECTION SIX: EFFECTIVE DATE. This Ordinance shall take effect on January 1, 2016. PASSED AND DULY ADOPTED by a vote of a majority of the Board of County Commissioners of Collier County, Florida,this day of ,2015. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK,CLERK COLLIER COUNTY, FLORIDA By: By: ,Deputy Clerk TIM NANCE, CHAIRMAN Api'.ove.; .• o form and legality: Jeifrel• . . latzkow Coun ., A irney r 4 17F Acct. #027354 September 3, 2015 Attn: Legals Naples Daily News 1100 Immokalee Road Naples, Florida 34110 Re: Ordinances Amending Ordinances 1975-16, 1975-16, 2013-69 and Human Trafficking Dear Legals: Please advertise the above referenced notice on Friday, September 11, 2015, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk PO #4500153762 17F NOTICE OF INTENT TO CONSIDER ORDINANCES Notice is hereby given that on Tuesday, September 22 , 2015, in the Boardroom, Third Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida, the Board of County Commissioners, will consider the enactment of County Ordinances . The meeting will commence at 9 : 00 A.M. The titles of the proposed Ordinances are as follows : AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SECTION ONE OF ORDINANCE NO. 75-16, AS AMENDED, "MEETINGS OF THE BOARD OF COUNTY COMMISSIONERS, " SPECIFICALLY PARAGRAPH 6, "RECONSIDERATION OF MATTERS GENERALLY, " AS IT RELATES TO THE TIMEFRAME BETWEEN THE BOARD' S ACTION ON AN AGENDA ITEM AND THE COMMISSIONER' S REQUEST FOR RECONSIDERATION; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SECTION ONE OF ORDINANCE NO. 75-16, AS AMENDED, "MEETINGS OF THE BOARD OF COUNTY COMMISSIONERS, " SO AS TO ALLOW FOR "ELECTRONIC MEETINGS" DURING EMERGENCY SITUATIONS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2013-69, AS AMENDED, KNOWN AS THE COLLIER COUNTY PURCHASING ORDINANCE, BY AMENDING SECTION FIFTEEN, "PROCEDURE TO PROVIDE PREFERENCE TO LOCAL BUSINESSES IN COUNTY CONTRACTS, " IN ORDER TO CONFORM WITH RECENT CHANGES IN FLORIDA LAW; PROVIDING FOR CONFLICT AND SEVERABILITY, PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES, AND PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO ENFORCE THE POSTING OF HUMAN TRAFFICKING PUBLIC AWARENESS SIGNS IN THE BUSINESS ESTABLISHMENTS DEFINED HEREIN; PROVIDING FOR DEFINITIONS; PROVIDING FOR GENERAL REQUIREMENTS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE OF JANUARY 1 , 2016 1 7F A Copy of the proposed Ordinances are on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance . Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite #101, Building W, Naples, Florida 34112 , (239) 252- 8380 . Assisted listening devices for the hearing impaired are available in the County Commissioners' Office . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIM NANCE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) 17F Martha S. Vergara From: ivonne.gori@naplesnews.com Sent: Tuesday, September 08, 2015 10:14 AM To: Martha S. Vergara Cc: ivonne.gori@naplesnews.com Subject: Ad: 684221, NOTICE OF INTENT TO CONSIDER ORDINAN Attachments: OFFICEOFTH-25-684221-1.pdf Attached is the document you requested. Please review and let us know if you have any questions. Thank you. Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.263.4307 E:ivonne.gori@NaplesNews.com A: 1100 Immokalee Road ( Naples, FL 34110 1 1 7 F > Ad Proof apirs 3ai CW6 Sales Rep:Ivonne Gori(N9103) Phone:(239)262-3161 Email:ivonne.gori@naplesnews.com Date:09/08/15 This is a proof of your ad scheduled to run on the dates indicated below. Account Number:525058(N027354) Please confirm placement prior to deadline by contacting your account Company Name:OFFICE OF THE COUNTY ATTORNEY rep at(239)262-3161 . Ad Id:684221 P.O.No.: Total Cost:$1,036.89 Contact Name: Email:NancyBradley@colliergov.net collietgov.net Tag Line:NOTICE OF INTENT TO CONSIDER ORDINAN Address:3299 TAMIAMI TRL E#700,NAPLES,FL,34112-5749 Start Date:09/11/15 Stop Date:09/11/15 Phone:(239)252-8400 Fax:(239)774-0225 Number of Times:I Class: 16220-Ordinances and Petitions Publications:ND-Naples Daily News,ND-Intemet-naplesnews.com 1 agree this ad is accurate and as ordered. Irons Of MAW TOWNSMAN oO»wlNpo nett:BOWVorfn 7.1 tOiom:all` x`t;u lw c»I1 F,7,11.57=,`=,cp�.:mr>,m�.:i,wnI cwnleM IM dmbow.:iw cin:`1ika�l lM pm`a o �.rca..e N ws ref =000n`N x' 11 011 011f AmdXOYY13H0 q.MlCG[l AAT m Nirui.l AM TM TM ON AM`W1«M IT(M,W TM IMSfgx1Cfn1[117 4 Migi O1 hall NCMS10M m Mi11CCFON M000f a LAWS WM oip011W1[k »M[O IFFMTIVI NAM �ALAAAMEMcucn oN of«i,Iit°AO NO.isaf,As MEM.,"1141111.0 uM[roAfp Or C nz c rk.a OWR ITI1N°.21C NbCI ANI Of LAWS nTIOMMAO S. INN PROW II rx[.CD» R[CT K Gi[Ovp IIYMCIf.AMO IlprIplMO fOf AN Writ"'"C 5NWY 0#7111: M MSD NwmaiMCNN Ci1N xO[W»t0 'IirOtfa TOcO0WOLSWSINGOSo,fIW ✓anFOR CONFLICT • 1OnrTOuuc ouNla S. AWARMISS fLISM AINTS 000140.1 1M POSTING OF NUINAN MAfFICIOM MINX �I1N IM: IW TIONS; py SON 61q»MR,77,YMI1NYpY01 CUY 1�oN o01M 0.Wnt��Ia�nsNnbn N MrtreNM W n1n . Ind-Bea:o,".°«a.m M I,Nra IVmIINn MnxN`,WanN XN[�TM tektllWrW `rbMVN1EuY X e"tppntrM Or IM CMNm,�n aAfpp[e10 mm Ind,qwp w NNd»IIN m.,M amlM to dm»t»tp rN..pp m Nep[ ni po[ra.p[:g°WMtini m«:i=p�1n:,`m""mii:i:I1m10e1:m1m Whre.Y.palm 1p lM resmCmr.yu0klur�l . c : No�mMerd.a.p Ntpcnp«erM lr��a eil,:i tan Mlpr.Ore p0an0 MS Oetw e`,Nrm,mm Nm rvpr of Ow rrtwl and retd rettap d�M p1n'""Irlp,Nr1,1n 'thee= ae4Nur MM to mane INT,meat.Wo010 d:M 04.IB m,de.WiM ranvO lrctudw tM tntllrou,and addenda upN adv.IM mmol b MINA t,Nr,onwlVIr OftlX. ,rN«uomr t) Grpp <epkp.rNu rn�MO..Iro MrCdSw•W xaW na ye���N,rrt«We,NtOMM tlli T,rnd,rm lr W[N[�Srbl,8101.BU W NN r b e pt.�� )toll.(!M»[fltl In MfC[nm'MANislo1a•.O AN urM.re,.,Mx41n 1M Counov CommMNaMn'Olrk.. BMI®WCWNT,CO 7"'"'1S cau[1 coun...[oNM rM MNa..AIN1AM n w:tlup w :wn CM[ Dank you for your business. Our commitment to a quality product includes the advertising in our publications. As such,Journal Media Group reserves the right to categorize,edit and refuse certain classified ads.Your satisfaction is important. If you notice errors in your ad,please notify the classified depart- ment immediately so that we can make corrections before the second print date. The number to call is 239-263-4700. Allowance may not be made for errors reported past the second print date.The Naples Daily News may not issue refunds for classified advertising purchased in a package rate;ads purchased on the open rate may be pro-rated for the remaining full days for which the ad did not run. 17F • Martha S. Vergara From: Neet, Virginia Sent: Wednesday, September 09, 2015 4:12 PM To: Martha S. Vergara Cc: Klatzkow, Jeff Subject: RE: Ords Amending Ords (3) Approved. From: Martha S. Vergara [mailto:Martha.Vergaracollierclerk.com] Sent: Wednesday, September 09, 2015 4:07 PM To: NeetVirginia Subject: Ords Amending Ords (3) Importance: High Dinny, Attached is the revised ad proof, please review and let me know of any changes. Thanks, Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request.do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 17F • ; Martha S. Vergara From: Martha S. Vergara Sent: Wednesday, September 09, 2015 4:24 PM To: 'ivonne.gori@naplesnews.com' Subject: RE: REVISED Ad: 684221, NOTICE OF INTENT TO CONSIDER ORDINAN Ivonne, The legal department has reviewed and approved the revisions, please proceed with publishing as requested. Thanks for all of your help. Martha Original Message From: ivonne.gori@naplesnews.com [mailto:ivonne.gori@naplesnews.com] Sent: Wednesday, September 09, 2015 4:04 PM To: Martha S. Vergara Cc: ivonne.gori@naplesnews.com Subject: REVISED Ad: 684221, NOTICE OF INTENT TO CONSIDER ORDINAN Attached is the document you requested. Please review and let us know if you have any questions. Thank you. lvonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.263.4307 E:ivonne.gori@NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 4 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO F THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office JAK 9/22/15 /5 4. BCC Office Board of County Tl� NP,--\ Commissioners v‘ / 5. Minutes and Records Clerk of Court's Office MA) q(2i s 3:4 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Jeffrey A.Klatzkow,County Attorney 252-8400 Contact/ Department Agenda Date Item was 9/22/15 V Agenda Item Number 17-F Approved by the BCC Type of Document Ordinance–Purchasing Ordinance–Local Number of Original One Attached Preference ZD/S — 57 Documents Attached PO number or account n/a number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature JAK 2. Does the document need to be sent to another agency for additional signatures? If yes, JAW"- provide provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAK signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's JAK Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JAK document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAK signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip JAK should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 9/22/15 and all changes made during the JAK meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by th BCC,all changes directed by the BCC have been made,and the document is ready fo the Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 Teresa L. Cannon 17F From: Teresa L. Cannon Sent: Thursday, September 24, 2015 12:09 PM To: countyordinances@dos.myflorida.com Subject: CLL Ordinance 2015-0051 Attachments: CLL20150922_Ordinance2015_0051.pdf SENT BY: COLLIER COUNTY CLERK OF CIRCUIT COURT BOARD MINUTES& RECORDS DEPARTMENT SENDER'S PHONE: 239-252-8411 COUNTY: COLLIER(CLL) ORDINANCE NUMBER: 2015-0051 Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com 1 1 7 F ORDINANCE NO. 2015 - 51 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2013-69, AS AMENDED, KNOWN AS THE COLLIER COUNTY PURCHASING ORDINANCE, BY AMENDING SECTION FIFTEEN, "PROCEDURE TO PROVIDE PREFERENCE TO LOCAL BUSINESSES IN COUNTY CONTRACTS," IN ORDER TO CONFORM WITH RECENT CHANGES IN FLORIDA LAW; 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 (Board) adopted Ordinance No. 2013-69, known as the Collier County Purchasing Ordinance; and WHEREAS, the Board subsequently amended the Collier County Purchasing Ordinance through its adoption of Ordinance No. 2015-37; and WHEREAS, the Florida Legislature recently enacted SB 778, "prohibiting local ordinances and regulations from restricting competition for the award of a contract for construction services based upon certain conditions;" and WHEREAS, the Board wishes to amend its Purchasing Ordinance to conform the County's Preference to Local Businesses in County contracts to these changes in Florida law. 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. 2013-69, as Amended. 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 Purchasing 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 Words Underlined are added;Words Strueli-Through are deleted. Page 1 of 4 I7F 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. (2) Preference in purchase of commodities and services by means of competitive bid, request for proposals, qualifications or other submittals and competitive negotiation and selection. Under any such applicable solicitation, bidders/proposers desiring to receive local preference will be invited and required to affirmatively state and provide documentation as set forth in the solicitation in support of their status as a local business. Any bidder/proposer who fails to submit sufficient documentation with their bid/proposal offer shall not be granted local preference consideration for the purposes of that specific contract award. Except where federal or state law, or any other funding source, mandates to the contrary, Collier County and its agencies and instrumentalities,will give preference to local businesses in the following manner: (a) Competitive bid (local price match option). Each formal competitive bid solicitation shall clearly identify how the price order of the bids received will be evaluated and determined. When a qualified and responsive, non-local business submits the lowest price bid, and the bid submitted by one or more qualified and responsive local businesses is within ten percent of the price submitted by the non- local business, then the local business with the apparent lowest bid offer (i.e., the lowest local bidder) shall have the opportunity to submit an offer to match the price(s), less one (1) dollar, offered by the overall lowest, qualified and responsive bidder. In such instances, staff shall first verify if the lowest non-local bidder and the lowest local bidder are in fact qualified and responsive bidders. Next, the Purchasing Department shall determine if the lowest local bidder meets the requirements of F.S. § 287.087 (Preferences to businesses with drug-free workplace programs). If the lowest local bidder meets the requirements of F.S. § 287.087, the Purchasing Department shall invite the lowest local bidder to submit a matching offer, less one (1) dollar, within five (5) business days thereafter. If the lowest local bidder submits an offer that fully matches the lowest bid, less one (1) dollar, from the lowest non-local bidder tendered previously, then award shall be made to the local bidder. If the lowest local bidder declines or is unable to match the lowest non-local bid price(s), then award will be made to the lowest overall qualified and responsive bidder. If the lowest local bidder does not meet the requirement of F.S. § 287.087, and the lowest non-local bidder does, award will be made to the bidder that meets the requirements of the reference state law. (b) Request for proposals, qualifications or other submittals and competitive negotiation and selection. For all purchases of commodities and services procured through the Competitive Proposals (Section 12) or Competitive Selection and Words Underlined are added;Words Stntek—Thr-eugh are deleted. Page 2 of 4 I7F Negotiation (Section 11) methods not otherwise exempt from this local preference section, the RFP solicitation shall include a weighted criterion for local preference that equals 10 percent of the total points in the evaluation criteria published in the solicitation. Purchases of professional services as defined and identified under subsection 11B.2 (which are subject to F.S. § 287.055) and subsection 11B.3 (which are subject to F.S. § 11.45) shall not be subject to this local preference section. (c) Should a tie bid occur between a non-local bidder and a local bidder, the County shall award the contract to the local bidder. Should a tie occur between two local bidders, the County will "flip a coin" between the two lowest bidders. The coin toss winner will be awarded the contract upon approval by the Board of County Commissioners. (3) Waiver of the application of local preference. The application of Local Preference to a particular purchase or contract may be waived upon approval of the Board of County Commissioners. (4) Comparison of qualifications. The preferences established herein in no way prohibit the right of the Board of County Commissioners to compare quality of materials proposed for purchase and compare qualifications, character, responsibility and fitness of all persons, firms or corporations submitting bids or proposals. Further, the preferences established herein in no way prohibit the right of the County Commission from giving any other preference permitted by law instead of the preferences granted herein. (5) Reciprocity. In the event Lee County, or any other Florida county or municipality ("local government") deemed appropriate by the Collier County Board of Commissioners, extends preferences to local businesses, Collier County may enter into an interlocal agreement with such local government wherein the preferences of this section may be extended and made available to vendors that have a valid occupational license issued by that specific local government to do business in that local government that authorizes the vendor to provide the commodities and services to be purchased, and a physical business address located within the limits of that local government. Post Office Boxes are not verifiable and 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 the said local government whichever is applicable, in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to that local government's tax base, and residency of employees and principals of the business located within the limits of that local government. 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. In no event shall the amount of the preference accorded other local government firms exceed the amount of preference that such local government extends to Collier County firms competing for its contracts. (6) Purview and administration of this Local Preference Policy. This policy shall apply to all departments and units under the direct purview of the Board of County Words Underlined are added;Words Struck-Through are deleted. Page 3 of 4 17F Commissioners. For purchases of $50,000.00 or less, the Purchasing Department shall systematically encourage departments to include local vendors when soliciting quotations in accordance with this policy. (7) This Policy shall not be utilized with respect to any competitive solicitation for construction services in which 50 percent or more of the cost will be paid from state- appropriated funds which have been appropriated at the time of the competitive solicitation. 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 be effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida,this 2.2.r day of S exrb e.3),r , 2015. ATTEST: ' .;;,, BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK, Cid COLLIER COUNTY, FLORIDA "} al :�1 v\.4&0- c y: / e.' er ' t, ,'0.epitty Clerk TIM NANCE, CHAIRMAN ?O OM ''4 , 1 • ...A C E�'to form and legality: II!)7 This ordinance filed with th `�=,n.retary of fate's Of c. t} Jeffre 11• Klatzkow a9 J ay of_� Qyevriof"cX C-- Coun 4 orney and acknowledgement,A t;ct fi; �� re eh/E.-1 this �`In d,:, Words Underlined are added;Words Struck Through are deleted. Page 4 of 4 I ( 1+t1'1 pg 2 .`" .s Via. y ' 7 F \I„,.-, - _ - ''.z.„ .,,.,Wµ"f Tn, FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State September 24, 2015 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Ms. Teresa L. Cannon, BMR Senior Clerk 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. 2015-51, which was filed in this office on September 24, 2015. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 • Facsimile: (850) 488-9879 www.dos.state.fl.us