Agenda 09/08/2015 Item #16K 49/8/2015 16.K.4.
EXECUTIVE SUMMARY
Recommendation to authorize the County Attorney to advertise an ordinance for future
consideration which would amend Section Fifteen of the Board's Purchasing Ordinance
(Ordinance No. 2013 -69, as amended), to conform the County's Preference to Local
Businesses in County contracts to recent changes in Florida law.
OBJECTIVE: To conform the County's Preference to Local Businesses in County contracts to
Florida law by adding the following provision to the County's Purchasing Ordinance:
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 qppropriated at the time of the competitive
solicitation.
CONSIDERATIONS: This past Session the Legislature enacted SB 778, "prohibiting local
ordinances and regulations from restricting competition for the award of a contract for
construction services based upon certain conditions." The proposed change tracks the language
of this new legislation. A copy of SB 778 is included as back -up.
Staff has advised me that due to the multiple funding streams applied to many construction
projects and the attendant administrative burden of determining on an individual project basis
whether 50 percent or more of cost will be paid from state - appropriated funds, staff will remove
local vendor preference language from construction solicitations in order to insure compliance
with the new legislation.
FISCAL IMPACT: None
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: The proposed amendment has been drafted by the County
Attorney and is legally sufficient for Board action. This item requires majority vote. — JAK
RECOMMENDATION: That the Board approves the proposed amendment to the Purchasing
Ordinance and authorizes the County Attorney to advertise this amendment and return to the
Board for approval.
Prepared by: Jeffrey A. Klatzkow, County Attorney
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.4.
Item Summary: Recommendation to authorize the County Attorney to advertise an
ordinance for future consideration which would amend Section Fifteen of the Board's
Purchasing Ordinance (Ordinance No. 2013 -69, as amended), to conform the County's
Preference to Local Businesses in County contracts to recent changes in Florida law.
Meeting Date: 9/8/2015
Prepared By
Name: NeetVirginia
Title: Legal Assistant/Paralegal, CAO Office Administration
8/11/2015 1:50:55 PM
Submitted by
Title: County Attorney,
Name: KlatzkowJeff
8/11/2015 1:50:56 PM
Approved By
Name: KlatzkowJeff
Title: County Attorney,
Date: 8/12/2015 9:05:42 AM
Name: IsacksonMark
Title: Division Director - Corp Fin & Mgmt Svc. Office of
Date: 8/13/2015 11:05:50 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 8/14/2015 4:28:46 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 8/19/2015 4:08:12 PM
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ENROLLED
2015 Legislature
1
9/8/2015 16.K.4.
CS for CS for SB 778, 2nd Engrossed
2015778er
2 An act relating to local government construction
3 preferences; creating s. 255.0991, F.S.; defining
4 terms; prohibiting local ordinances and regulations
5 from restricting competition for the award of a
6 contract for construction services based upon certain
7 conditions; requiring a state college, county,
8 municipality, school district, or other political
9 subdivision of the state to make specified disclosures
10 in competitive solicitation documents; providing
11 applicability; providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Section 255.0991, Florida Statutes, is created
16 to read:
17 255.0991 Contracts for construction services; prohibited
18 local government preferences. -
19 (1) For purposes of this section, the term:
20 (a) "Competitive solicitation" has the same meanina as in
21 s. 255.248.
22 (b) "State- appropriated funds" means all funds appropriated
23 in the General Appropriations Act, excluding federal funds.
24 (2) For a competitive solicitation for construction
25 services in which 50 percent or more of the cost will be paid
26 from state - appropriated funds which have been appropriated at
27 the time of the competitive solicitation, a state college,
28 county, municipality, school district, or other political
29 subdivision of the state may not use a local ordinance or
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2015778er
30 regulation that provides a preference based upon:
31 (a) The contractor's maintaining an office or place of
32 business within a particular local jurisdiction;
33 (b) The contractor's hiring employees or subcontractors
34 from within a particular local jurisdiction; or
35 (c) The contractor's prior payment of local taxes,
36 assessments, or duties within a particular local jurisdiction.
37 (3) For any competitive solicitation that meets the
38 criteria in subsection (2), a state college, county,
39 municipality, school district, or other political subdivision of
40 the state shall disclose in the solicitation document that any
41 applicable local ordinance or regulation does not include any
42 preference that is prohibited by subsection (2).
43 (4) Except as provided in subsection (2), this section does
44 not prevent a state college, county, municipality, school
45 district, or other political subdivision of the state from
46 awarding a contract to a contractor in accordance with
47 applicable state laws or local ordinances or regulations.
48 Section 2. This act shall take effect July 1, 2015.
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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 -
pennanent structure such as a construction trailer, storage shed, or other non- pennanent
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 Struck Threug" are deleted.
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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 fog° 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 Stfuel- T" .,...a,, are deleted.
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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 I IB.2 (which are subject to F.S. § 287.055) and subsection 1113.3 (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 Stfuek T4..., ugh are deleted.
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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
wo
Deputy Clerk
Approved as to form and legality:
Jeffrey A. Klatzkow
County Attorney
ma
TIM NANCE, CHAIRMAN
Words Underlined are added, Words Stf-dek Through are deleted.
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