Agenda 09/22/2015 Item #17F 9/22/2015 17.F.
EXECUTIVE SUMMARY
Recommendation to adopt an Ordinance amending 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 appropriated 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.
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.
At its September 8, 2015, regular meeting, the Board of County Commissioners authorized the
County Attorney to advertise the proposed Ordinance for future consideration.
FISCAL IMPACT: The cost of advertising the proposed Ordinance was $305.00.
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 adopts the attached amendment to the Purchasing
Ordinance (Ordinance No. 2013-69, as amended).
Prepared by: Jeffrey A. Klatzkow, County Attorney
Attachments: 1) Amended Ordinance; 2) SB 778; and 3) Legal Advertisement
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.17.F.
Item Summary: Recommendation to adopt and Ordinance amending 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: 9/22/2015
Prepared By
Name:NeetVirginia
Title: Legal Assistant/Paralegal, CAO Office Administration
9/10/2015 4:18:20 PM
Submitted by
Title: County Attorney,
Name: KlatzkowJeff
9/10/2015 4:18:21 PM
Approved By
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/11/2015 7:44:04 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/11/2015 7:48:41 AM
Name: IsacksonMark
Title: Division Director-Corp Fin &Mgrnt Svc, Office of Management&Budget
Date: 9/11/2015 10:44:34 AM
Name: KlatzkowJeff
Title: County Attorney.
Date: 9/11/2015 1:16:20 PM
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9/22/2015 17.F.
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 9/13/2015 10:23:29 AM
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9/22/2015 17.F.
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 Struslcough are deleted.
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9/22/2015 17.F.
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 ask- orb 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 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 sic eat*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
By: By:
, Deputy Clerk TIM NANCE, CHAIRMAN
• ..��I •+' . to form and legality:
"I ,
Jeffre I • Klatzkow
Coun' ' orney
Words Underlined are added;Words rough are deleted.
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ENROLLED 9/22/2015 17.F.
2015 Legislature CS for CS for SB 778 , 2nd Engrossed
2015778er
1
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 meaning 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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CODING: Words stricken are c Packet Page -2505-5s underlined are additions .
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2015 Legislature CS for CS for SB 778•, 2nd Engrossed
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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CODING: Words ctrickcn are c i ds underlined are additions .
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Ordinances/Petitions Ordinances/Petitions •;:>
•
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 ORDINANCEOFTHEBOARDOFCOUNTYCOMMISSIONERS
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 OFTHE BOARD OFCOUNTY COMMISSIONERS
OF COLLIER COUNTY,FLORIDA,AMENDING ORDINANCE NO.
2013-69,AS AMENDED, KNOWN AS THE COLLIER COUNTY
PURCHASING ORDINANCE, BY AMENDING SECTION
v FIFTEEN, "PROCEDURE TO PROVIDE PREFERENCE TO
m LOCAL BUSINESSES IN COUNTY CONTRACTS," IN ORDER
Ln 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.
m
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
A Copy of the proposed Ordinances are on file with the Clerk to
the Board and are available for inspection. All interested parties
CD 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
cr' 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.
to
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
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