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Backup Documents 07/28/2009 Item #16E 7 16E7 MEMORANDUM Date: July 28, 2009 To: Scott Teach, Deputy County Attorney County Attorney's Office From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Local Vendor Reciprocity Agreement w/City of Bonita Springs Enclosed please find two originals of the document referenced above (Agenda Item #16E7), approved by the Board of County Commissioners on Tuesday, July 28, 2009. If you should have any questions, please call me at 252-8411. Thank you. ",".~=-.....,__""n_~'._~""""""'""'_'^"'_~"'_^_~""'~_""'____~__""'_. ",,,,,,~-,--~-"'~"~-"'" ,~ 16E7 ~ OFFICE OF THE COUNTY ATTORNEY MEMORANDUM DATE: June 10, 2009 TO: Steve Camell, Director, Purchasing ff1 FROM: Scott R. Teach, Deputy County Attorney SUBJECT: Local Vendor Reciprocity Agreement Attached please find a copy of a letter dated June 8, 2009 from Audrey E. Vance and three original Local Vendor Preference Reciprocity Agreements. Please note that subsequent to Board approval, one fully executed original agreement must be returned to the City of Bonita Springs. \'TeM (CQE.i-. SRT/kc Attachments 04-PRC-0 1 049/951 ~_."'W'" ..__~.~ __e~___ ......."'11' .....w. I!I\I ~ '..'~O"..~ '._. . --sp-" 16E7-- ~,'1:~---~~~... ~. . ~\ ~ / '. <1'\ , I " . June 8, 2009 it .' ~~ t 3 ~ Scott R. Teach, Deputy County Attorney City of Collier County Attorneys Office 3301 Tamiami Trail East 'Bonita Springs Naples, Florida 34112-4961 ---, 9101 BONITA BEACH ROAD BONITA SPRINGS, FL 34135 TEL: (239) 949-6262 Re: Local Vendor Preference Reciprocity Agreement -- FAX: (239) 949-6239 -,,-} (--~ www.cityofbonitasprings.org -,- "J. ::r:- -~"i ::-.r:. Ben L. Nelson, Jr. Dear Mr. Teach: Qn-' Mayor C:'-"J Cl Richard Ferreira Enclosed are three (3) originals of the Local Vendor Preference Councilman District One Reciprocity Agreement. Following approval by the Collier Board of Janet Martin County Commissioners, kindly return one fully executed original to the Councilwoman City of Bonita Springs. District Two Thank you for your attention to this matter. Patrick McCourt Councilman ~?~ District Three John D. Spear Councilman District Four ~y E. Vance Martha Simons Councilwoman City Attorney District Five William C. Lonkart AEV /dfg Councilman Enclosure District Six Gary A. Price cc: Gary A. Price, City Manager City Manager Dianne Lynn, City Clerk Tel. (239) 949-6238 Daryl C. Walk, P.E., Public Works Manager Audrey E. Vance Lisa Roberson, CPA, Finance Director City Attorney Tel. (239) 949-6254 City Clerk/Treasurer Tel: (239) 949-6250 Public Works Tel: (239) 949-6246 Code Enforcement Tel: (239) 949-6257 Parks & Recreation Tel: (239) 992-2556 U:\City Attorney\Letters\2009 Letters\Teach - ILA Reciprocity.doc ~~. ... ",,"N _,.u_~_~" <_.,."""" ^' - _""""'~""" _, '_~"W_'_""__"."_'_' . '_"h_ 16E7 '~ LOCAL VENDOR PREFERENCE RECIPROCITY AGREEMENT ~ THIS Agreement, made and entered into this d-f( day of 1'", 7 ' 2009, by and between the Board of County Commissioners, Collier County, Florida, a political subdivision of the State of Florida, hereinafter called Collier County, and the City of Bonita Springs, a Florida municipal corporation, hereinafter called Bonita Springs. WITNESSETH WHEREAS, the Board of County Commissioners for Lee County, Florida ("Lee County"), a political subdivision of the State of Florida, enacted its Ordinance No. 00-10, which extended specific preference considerations to vendors located in Lee County, Florida, and Collier County through its Resolution No. 2008-181 extended preference considerations to vendors located within Collier County; and WHEREAS, Collier County and Lee County previously entered into a local vendor preference reciprocity agreement, which was approved by their Board of County Commissioners on October 14,2008, and November 25,2008, respectively; and WHEREAS, both Collier County and Bonita Springs understand that there are numerous local vendors that materially affect and significantly impact the economies of their citizens; and WHEREAS, both Collier County and Bonita Springs wish to enter into a reciprocal agreement regarding the status of vendors located within their respective county and municipal boundaries; and WHEREAS, Bonita Springs wishes to follow and adhere to the distinct local vendor preference policy articulated in Lee County Ordinance No. 00-10 as does Collier County with respect to the local vendor preference policy established in its Resolution No. 2008-181; and NOW, therefore, in consideration of the promises and mutual covenants hereinafter contained, Collier County and Bonita Springs hereby agree to enter into this Agreement. SECTION I. DESCRIPTION OF RECIPROCITY 1.01 Under the terms of this Agreement, Collier County agrees to deem vendors with a physical business address in Bonita Springs to be "local" for preference purposes in Collier County provided they meet all other aspects of the definition of "local" as set forth in Collier County Resolution 2008-181. Concurrently, Bonita Springs agrees to deem vendors with a physical business address in Collier County to be "local" for preference purposes in Bonita Springs provided they meet all other aspects of the definition of "local" as set forth in under Lee County Ordinance No. 00-10. SECTION II. TERMS 2.01 Except as this Agreement may otherwise be terminated, this Agreement shall remain in full force from the date first above written until such time as either Collier County or Bonita Page I of3 BSC-09-06-73 .,-,,------ ~-~"...- __~'_____'M'~._"_" . 16E7 Springs elects to terminate this Agreement; or such time that Collier County elects to terminate its existing local vendor preference resolution. 2.02 Either Party may terminate this Agreement upon sixty (60) days prior written notice to the other. SECTION III. INDEMNIFICATION 3.01 To the extent permitted by Florida law, each Party shall defend, indemnify and save the other harmless from any and all claims, liability, losses and causes of actions arising out of any act, error, omission, or negligence arising from or incident to the Parties' performance under this Agreement. Neither Party shall be responsible for any incident arising from the sole negligence of the other. This section is not intended to extend the limits of sovereign immunity as provided in S 768.28, Fla. Stat. (2007). This provision shall also pertain to any claims brought against the Parties by any employee of the named Parties, any sub-contractor, or anyone directly or indirectly employed by any of them. The Parties' obligations under this provision shall be limited to the extent provided by Florida law. SECTION IV. NOTICES. 4.01 All notices from Collier County to Bonita Springs shall be deemed duly served if mailed or faxed to Bonita Springs at the following address: Bonita Springs City Hall 9101 Bonita Beach Road Bonita Springs, FL 34135 Attention: City Manager Main Phone Number: (239)949-6262 Main Fax Number- (239)949-6239 4.02 All Notices from Bonita Springs to Collier County shall be deemed duly served if mailed or faxed to the following address: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail East Naples, Florida 34112 Attention: Steve Carnell, Purchasing/GS Director Telephone: 239-252-8371 Facsimile: 239-252-6584 Either government may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. Page 2 of3 "....-.,,"' __h 16E7 SECTION V. MISCELLANEOUS 5.01 This Agreement shall be governed by the laws of the State of Florida. In the event any litigation is instituted by way of construction or enforcement of this Agreement the Party prevailing in said litigation shall be entitled to collect and recover from the opposite Party all court costs and other expenses including reasonable attorney's fees. 5.02 It is understood that this Agreement shall be executed by both Parties prior to either local government commencing with the reciprocity described herein. 5.03 This Agreement contains the entire understanding between the Parties and any modifications to this Agreement shall be mutually agreed upon in writing by both local governments. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. .A~ T9t~(9LLIER COUNTY: BOARD OF COUNTY COMMISSIONERS .< ." ...~;;~{,' , COLLIER COUNTY, FLORIDA ; . .:'}:t')~ JATTEST.., .. ~ .:...~~~. ~ d~ . " . Attts.t. U to CNt'nNII . Donna Fiala, CHAIRMAN 5111'.t.... -.'1 Ii j 7::;:iency Jef y Klatzkow, County Attorney AS TO BONITA SPRINGS: ONITA SPRINGS, FLORIDA ATTEST: ~~ Clerk Ben Nelson Jr., Mayor Approved as to form and legal sufficiency ~;~ /f:~/ City Atto~ Page 3 of3 _~~,",'_'H,_~.__.,.'n" __".",.._,_,,__. .._.,--. --. ~._.-