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Agenda 10/14/2008 Item # 9FPage I of I Agenda Item No. 9F October 14, 2008 Page 1 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 9F Item Summary: Recommendation to approve an interlocal agreement with Lee County regarding the administration of each Countys Local Vendor Preference Policy. Meeting Date: 10/14,12008 9:00 00 AM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 101712008 4:35 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 1018,12008 8:15 AM Approved By Jeff Klatzkow Assistant county Attorney Date County Attorney County Attorney Office 10/8!2008 8:38 AM Approved By John A. Yonkosky Director of the Office of N",anagement Date County Manager's Office Office of Management & Budget 101812008 9:01 AM Approved By James V. Mudd County Manager Date Board of County County hr,.anager's Office 10/812008 12:55 PM Commissioners file: / /C: \AgendaTest \Expoi-t\ 114- October%2014,%202008\09.%20BOARD%200F%2000... 10/8/2008 Agenda Item No, 9F October 14, 2008 Page 2 of 6 EXECUTIVE SUMMARY Recommendation to approve an interlocal agreement with Lee County regarding the administration of each County's Local Vendor Preference Policy. OBJECTIVE: To enable vendors located in Collier or Lee Counties to be recognized as local when doing business in the neighboring county. CONSIDERATIONS: On June 10, 2008, the Board of County Commissioners voted to amend the County's purchasing policy to include a local vendor preference policy. Lee County has had a local vendor preference policy in place for some time. Both are intended to promote economic development within both counties. Collier County's local vendor preference policy includes a reciprocity clause that enables the County to enter into an interlocal agreement with other entities that allows the parties to recognize each other's vendors as "local" for the purpose of their respective policies. Given the close proximity of the two counties and the fact that many vendors located in one county have a significant impact on the economy of the neighboring county, it is recommended that the Board authorizes the Chairman to sign the enclosed agreement with Lee County. Under the proposed agreement, vendors located in Collier County would compete for Lee County contracts under the terms and conditions of the Lee County local preference policy as a "local" vendor. Concurrently, vendors located in Lee County would compete for Collier County contracts as a "local" vendor under the terms and conditions of Collier County's local vendor policy. The enclosed agreement was not in final form at the agenda submission deadline as staff was awaiting final comments and some insertions from Lee County staff. A completed version of the agreement will be distributed at the Board meeting. FISCAL IMPACT: There is no direct fiscal impact resulting from this action. GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan. LEGAL CONSIDERATIONS: This agreement has been reviewed by the Office of the County Attorney and (pending final comments and insertions from Lee County) is legally sufficient -- -CMG. RECOMMENDATION: That the Board of County Commissioners approves the enclosed reciprocal agreement with Lee County to recognize vendors in each county as being "local" for the purposes of the other County's local vendor preference policy, Agenda Item No. 9F:' October 14.2008 Page 3 of 6 PREPARED BY: Steve Carnell, Purchasing/General Services Director Tom Henning, Chairman, Board of County Commissioners Agenda Item No. 9F October 14, 2008 Page 4of6 AGREEMENT THIS Agreement, made and entered into this day of , 2008 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 Board of County Commissioners, Lee County, Florida, a political subdivision of the State of Florida, hereinafter called Lee County. WITNESSETH WHEREAS, Lee County Ordinance No. 00 -10 extends specific preference considerations to vendors located in Lee County and Collier County Resolution 2008 -181 extends preference considerations to vendors located within Collier County; WHEREAS, both Collier County and Lee County understand that there are numerous local vendors that materially affect and significantly impact the economies of both counties; WHEREAS, both counties wish to enter into a reciprocal agreement regarding the status of vendors located within their respective counties; and WHEREAS, both counties wish to continue to otherwise maintain the distinct characteristics of their respective local preference practices. NOW, therefore, in consideration of the promises and mutual covenants hereinafter contained, Collier County and Lee County 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 Lee County 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, Lee County agrees to deem vendors with a physical business address in Collier County to be "local" for preference purposes in Lee County provided they meet all other aspects of the definition of "local" as set forth in 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 County elects to terminate this Agreement; or elects to terminate its existing local vendor preference ordinance or resolution. 2.02 Either County may terminate this Agreement upon sixty (60) days prior written notice to the other County. Page 1 of 3 Agenda Item No. 9F October 14, 2008 Page 5 of n SECTION III. INDEMNIFICATION 3.01 To the extent permitted by Florida law, each county shall each 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 § 76828, 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 Lee County shall be deemed duly served if mailed or faxed to Lee County at the following address: Lee County 9 4.02 All Notices from Lee County to Collier County shall be deemed duly served if mailed or faxed to the following address: Collier County Govermrrent Center Purchasing Department - Purchasing Building 3301 Tarniami Trail East Naples, Florida 34112 Attention: Steve Carnell, PurchasinglGS Director Telephone: 239 -252 -8371 Facsimile: 239 -252 -6584 Either county 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. 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 county commencing with the reciprocity described herein. Page 2 of 3 Agenda Item No. 9F October 14, 2008 Page 6 of 6 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 Counties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. AS TO COLLIER COUNTY: ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency Colleen M. Greene Assistant County Attorney AS TO LEE COUNTY: ATTEST: (insert name here), CLERK Approved as to form and legal sufficiency (Insert Name Here) Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Tom Henning, CHAIRMAN BOARD OF COUNTY COMMISSIONERS LEE COUNTY, FLORIDA Page 3 of 3 Ray Judah, CHAIRMAN