Agenda 07/10/2018 Item #17H07/10/2018
EXECUTIVE SUMMARY
Recommendation to adopt 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 o f 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.
At its June 26, 2018 regular meeting, the Board authorized the County Attorney to advertise the proposed
ordinance for future consideration.
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FISCAL IMPACT: The cost of advertising was $377.82.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners adopts the attached 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. Proposed Ordinance - Local Preference (PDF)
2. Legal Ad - Procurement Ordinance (2) (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.H
Doc ID: 6147
Item Summary: Recommendation to adopt an ordinance amending the Local Preference Policy as
set forth in the County’s Procurement Ordinance.
Meeting Date: 07/10/2018
Prepared by:
Title: Legal Assistant/Paralegal – County Attorney's Office
Name: Virginia Neet
07/02/2018 9:31 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
07/02/2018 9:31 AM
Approved By:
Review:
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 07/02/2018 9:40 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/02/2018 9:44 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 07/02/2018 9:54 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 07/02/2018 1:46 PM
Board of County Commissioners MaryJo Brock Meeting Pending 07/10/2018 9:00 AM
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17.H.1
Packet Pg. 2969 Attachment: Proposed Ordinance - Local Preference (6147 : Adopt Amendment to Procurement Ordinance - Local Preference)
17.H.1
Packet Pg. 2970 Attachment: Proposed Ordinance - Local Preference (6147 : Adopt Amendment to Procurement Ordinance - Local Preference)
17.H.2
Packet Pg. 2971 Attachment: Legal Ad - Procurement Ordinance (2) (6147 : Adopt Amendment to Procurement Ordinance - Local Preference)