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Agenda 06/26/2018 Item #16K806/26/2018 EXECUTIVE SUMMARY Recommendation to authorize the County Attorney to advertise an ordinance amending the Local Preference Policy as set forth in the County’s Procurement Ordinance. OBJECTIVE: To eliminate the one-year requirement that a vendor has a current Business Tax Receipt issued by the Collier County Tax Collector in order to qualify as a local vendor. CONSIDERATIONS: During the Public Petitions portion of the June 12th Regular Board meeting Mr. Richard D. Housh, representing Juice Tehnologies, Inc. dba Plug Smart, requested that the Board consider eliminating the one-year requirement that a vendor has a current Business Tax Receipt issued by the Collier County Tax Collector in order to qualify as a local vendor. The majority of the Board agreed with this request, and directed that from a going forward basis this requirement be eliminated. In keeping with Board direction, the County Attorney has drafted the following proposed amendment to the Procurement Ordinance: 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 Procurement 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 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. The proposed amendment further provides that “This Ordinance shall apply to the procurement of goods and services by the County as of June 12, 2018, and shall be effective upon filing with the Department of State. Please note that the proposed amendment does not necessarily mean that Mr. Richard D. Housh will qualify as a local vendor, as the other requirements in the ordinance, such as the business must be in an area zoned for the conduct of such business (Mr. Housh listed his residence as the address for his business), may not be met. 06/26/2018 FISCAL IMPACT: Estimated cost of advertising is $350. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners authorize the County Attorney to advertise an ordinance amending the Local Preference Policy as set forth in the County’s Procurement Ordinance. Prepared by: Jeffrey A. Klatzkow, County Attorney ATTACHMENT(S) 1. Ordinance - Purchasing - LVP Amendment 061518 (DOC) 06/26/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.K.8 Doc ID: 6009 Item Summary: Recommendation to authorize the County Attorney to advertise an ordinance amending the Local Preference Policy as set forth in the County’s Procurement Ordinance. Meeting Date: 06/26/2018 Prepared by: Title: Legal Assistant/Paralegal – County Attorney's Office Name: Virginia Neet 06/19/2018 10:54 AM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 06/19/2018 10:54 AM Approved By: Review: Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/19/2018 11:01 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 06/19/2018 11:20 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/19/2018 11:55 AM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 06/19/2018 1:23 PM Board of County Commissioners MaryJo Brock Meeting Pending 06/26/2018 9:00 AM Words Underlined are added; Words Struck-Through are deleted. Page 1 of 2 ORDINANCE NO. 2018 - ______ AN ORDINANCE AMENDING ORDINANCE 2013-69, KNOWN AS THE COLLIER COUNTY PROCUREMENT ORDINANCE, BY SPECIFICALLY AMENDING SECTION FIFTEEN, “PROCEDURE TO PROVIDE PREFERENCE TO LOCAL BUSINESSES IN COUNTY CONTRACTS,” TO REMOVE THE REQUIREMENT THAT A BUSINESS WAS ISSUED A BUSINESS TAX RECEIPT BY THE COLLIER COUNTY TAX COLLECTOR AT LEAST A YEAR PRIOR TO A BID OR PROPOSAL TO BE CONSIDERED A LOCAL BUSINESS; 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 of Collier County (Board) adopted Ordinance No. 2013-69, now known as the Collier County Procurement Ordinance, which ordinance has been amended from time to time; and WHEREAS, at a public meeting on June 12, 2018, the Board directed that the Local Preference Policy set forth in the Procurement Ordinance be amended to remove the requirement that a business had been issued a business tax receipt by the Collier County Tax Collector for at least a year prior to a bid or proposal to be considered a local business, and that the removal of that requirement be administratively implemented from the date of that meeting forward. 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. 2018-08. Section Fifteen, subparagraph 1 of Ordinance No. 2017-69 is hereby amended as follows: 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 Procurement 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 Words Underlined are added; Words Struck-Through are deleted. Page 2 of 2 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 Collier County in a verifiable and measurable way. This may include, but not be lim ited 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. 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 apply to the procurement of goods and services by the County as of June 12, 2018, and 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 10th day of July, 2018. ATTEST BOARD OF COUNTY COMMISSIONERS LAIRD A. LILE, CLERK AD INTERIM COLLIER COUNTY, FLORIDA ______________________________ By: ________________________________ , Deputy Clerk ANDY SOLIS, CHAIRMAN Approved as to form and legality: _______________________________ Jeffrey A. Klatzkow, County Attorney