Agenda 01/13/2009 Item #10FAgenda Item No. 1 O
January 13, 2009
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation for the Board of County Commissioners to correct an
apparent scrivener's error within Section XI. (5) of the County's purchasing
policy regarding local preference reciprocal agreements with other
counties.
OBJECTIVE: To ensure that all affected parties clearly understand the
standards for applying local vendor preference to vendors located in counties
that have entered into reciprocal agreements with Collier County.
CONSIDERATIONS:
On June 10, 2008, the Board of County Commissioners adopted a local vendor
preference policy intended to give local businesses an advantage in competing
for County contracts. The policy was incorporated into the County's existing
purchasing policy resolution under Section XI. Under the added policy language,
if the lowest overall qualified and responsive bidder is not "local" and a local
bidder who is qualified and responsive tenders a bid within 10 percent of the
lowest bidder, that local bidder is given the opportunity to match the lowest bid
offer and if they do so, are awarded the contract.
In order for a bidder to qualify as "local" under the policy, the bidder must sign
and submit with their bid offer a written affidavit attesting to the following:
1. A physical business address in Collier County;
2. A Collier County occupational license received at least one year prior to
claiming local preference; and
3. A verifiable and measurable impact upon the Collier County economy.
Section XI (5) of the local preference language establishes general authority to
enable the Board to enter into reciprocal local vendor preference agreements
with other counties. In such instances, vendors from the reciprocating county
who attest to complying with the aforementioned requirements of the Collier
County policy in their county would be considered "local" under the Collier
County local preference policy. On October 14, 2008, the Board approved such a
reciprocal agreement with Lee County.
Subsequent to approval of that reciprocal agreement, staff identified an apparent
scrivener's error at the end of the fourth sentence of Section XI. (5) of Collier
County's local preference policy which inadvertently references "Collier County'
rather than the reciprocating county. In order to clarify the Board's intent, staff is
requesting that the Board approve the corrected language as highlighted in the
enclosed document
FISCAL IMPACT: There are no direct costs associated with the recommend
actions.
Agenda Item No. 10F
January 13, 2009
Page 2 of 4
GROWTH MANAGEMENT IMPACT: There is no impact on the Growth
Management Plan.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the
County Attorney's Office. This item is not quasi judicial and a ssuch ex parte
disclosure is not required. This items requires majority vote only. This item is
legally sufficient for Board approval. - - -CMG
RECOMMENDATION: That the Board of County Commissioners approves the
correction of the scrivener's error in the fourth sentence of the Collier County
Local Vendor Preference Policy as recommended in the enclosed language.
PREPARED BY: Steve Carnell, Purchasing /General Services Director
Page I of 1
Agenda Item No. 1 OF
January 13, 2009
Page 3 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 1OF
Item Summary: Recommendation for the Board of County Commissioners to correct an apparent scrivener's
error within Section XI (5) of the County's purchasing policy regarding local preference
reciprocal agreements with other counties. (Steve Carrell, Director, Purchasing)
Meeting Date: 1/1312009 9:00:00 AM
Approved By
Steve Carnell
Administrative Services
Approved By
Colleen Greene
County Attorney
Approved By
Len Golden Price
Administrative Services
Approved By
Laura Davisson
County Manager's Office
Approved By
James V. Mudd
Board of County
Commissioners
Purchasing /General Svcs Director
Purchasing
Assistant County Attorner
County Attorney Office
Administrative Services Administrator
Administrative Services Admin.
Management & Budget Analyst
Office of Management & Budget
County Manager
County Manager's Office
Date
1/6/2009 9:36 AM
Date
1/612009 9:49 AM
Date
1/6/2009 4:35 PM
Date
117/2009 3:31 PM
Date
11712009 3:40 PM
file:HC:AAgendaTest \Export\l 21- January %2013 %202009\ 10. %2000UNTY %20MANAGE... 1/7/2009
Agenda Item No. 10F
January 13, 2009
Page 4 of 4
(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 Geller Se611;Fy 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.