TITLE
RESOLUTION AUTHORIZING EXECUTION OF INTERLOCAL AGREEMENT WITH BROWARD COUNTY FOR RECIPROCITY IN THE EXTENSION OF LOCAL PREFERENCE TO COUNTY VENDORS

BODY
WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board approves the execution of the Interlocal Agreement with Broward County for reciprocity in the extension of local preference to County vendors, in substantially the form attached hereto and made a part hereof; and authorizes the County Manager to exercise same for and on behalf of Miami-Dade County and to exercise the cancellation and renewal provisions contained therein.
.. HEADER TO: Honorable Chairperson and Members Board of County Commissioners
SUBJECT: Interlocal Agreement FROM: Steve Shiver Between Miami-Dade and
County Manager Broward County for
Reciprocity of Local Preference Ordinances and
Programs

STAFF RECOMMENDATION

MANAGER'S BACKGROUND
The Agreement has undergone legal review and approval by both counties. It will apply equally to the vendors of each county. In no event shall the amount of preference accorded by one county exceed the amount of preference extended by the other. Broward County has drafted substantial amendments to its local preference ordinance to make it compatible with our Miami-Dade County legislation governing local preference. The Agreement will become effective upon the execution of a statement by both the Administrator for Broward County and me to the effect that Broward County has adopted a local preference ordinance that is substantially similar to that of Miami-Dade County.
Operation of Local Preference The Board's adoption of Ordinance No. 01-21 in January 2001, and more recently Ordinance No. 02-38 in February 2002, dramatically revised Miami-Dade County's Local Preference Ordinance to improve its operation and effect to the advantage of both local vendors and the County, while authorizing the engagement of interlocal agreements with neighboring counties.
The County's Local Preference Ordinance operates in the following manner:
* Competitive Sealed Bids: When one or more local firms bid within 5% of a non-local firm's low bid price, the opportunity to submit a "best and final bid" equal to or lower than the low bid is extended to the local and non-local firms. Award is made to the low bidder in this "run-off" competition, at a price equal to or lower than the initial low bid. * Negotiated Contracts: When a local proposer is ranked within 5% of the total points received by a top-ranked non-local proposer, the local proposer is recommended for selection subject to final price negotiation. * Architectural/Engineering Solicitations: The preference is applied in the same manner as for negotiated contracts.
Operation of Interlocal Agreement Each county, Miami-Dade and Broward, will extend and apply its Local Preference Ordinance to the local vendors of both counties. For this reason, the features of each county's legislation must be substantially the same. The Interlocal Agreement will apply to neither cooperative purchases (conducted by or on behalf of more than one public entity), nor professional services (i.e. Architect/Engineer) procured pursuant to Section 287.055, Florida Statutes. An annual reporting provision has been added to enable the Commissions of each county to assess the effectiveness of the Agreement.

OTHER

INTERLOCAL AGREEMENT

Between

BROWARD COUNTY

and

MIAMI-DADE COUNTY

for

RECIPROCITY OF LOCAL PREFERENCE
ORDINANCES AND PROGRAMS

















INTERLOCAL AGREEMENT

Between

BROWARD COUNTY

and

MIAMI-DADE COUNTY

for

RECIPROCITY OF LOCAL PREFERENCE
ORDINANCES AND PROGRAMS

This is an Interlocal Agreement, made and entered into this _______ day of _____________, 2002, by and between: BROWARD COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "BROWARD COUNTY," or "BROWARD,"

AND

MIAMI-DADE COUNTY, a political subdivision of the state of Florida,hereinafter referred to as "MIAMI-DADE COUNTY" or "MIAMI-DADE."

WHEREAS, it is the purpose and intent of this Interlocal Agreement, the parties hereto, and the Florida Interlocal Cooperation Act of 1969, as amended, to make the most advantageous and efficient use of their respective powers, resources, and capabilities by enabling them to cooperate on the basis of mutual advantage that will best accord with the existing resources available to each of them and with the needs and developments within their respective jurisdictions; and

WHEREAS, both BROWARD and MIAMI-DADE, by and through their local legislative bodies: their respective Boards of County Commissioners, have each duly enacted codified ordinances which, as amended, provide for a preference on county-let contracts to bidders or proposers who are local businesses within the respective counties, and further, provide for reciprocity with each other, in the event they each extended preferences to local businesses located in either MIAMI-DADE or BROWARD County; and

WHEREAS, such legislation has been duly adopted and enacted in both BROWARD and MIAMI-DADE counties, which additionally authorizes each county to enter into an lnterlocal Agreement wherein the preferences provided for by law shall be extended and made available to local vendors, provided herein; and


WHEREAS, MIAMI-DADE COUNTY has amended its ordinance to substantially revise its approach to the award of local preference, and it is BROWARD County's intent to amend its ordinance to substantially conform to the MIAMI-DADE local preference program;

NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, BROWARD and MIAMI-DADE agree as follows:

ARTICLE 1
BACKGROUND, APPLICABILITY, PURPOSE, AND INTENT

1.1 The above recitals are true and correct and made a part of this Interlocal Agreement as if set forth in full herein.

1.2 It is the purpose of BROWARD and MIAMI-DADE Counties, pursuant to the Florida Interlocal Cooperation Act of 1969, as amended to cooperate and provide for a means by which each governmental entity may exercise its respective powers, privileges, and authorities which they each share in common, and which each might exercise separately in order to further the common goals of promoting the stability, health, and vitality of the local economy of BROWARD and MIAMI-DADE Counties, stimulating the local economies by their expenditures to create jobs for residents of BROWARD and MIAMI-DADE counties, and to help reduce the unemployment rates in both counties.

1.3 Sections 1-74 through 1-80 of the BROWARD County Code, and Sec. 2-8.5 of the MIAMI-DADE County Code, as they are each amended through the effective date of this Interlocal Agreement, are deemed as being incorporated by reference herein as though set forth in full. The parties will notify each other in writing of any amendments to these ordinances proposed after the effective date of this Interlocal Agreement.

1.4 BROWARD and MIAMI-DADE Counties, respectively, will each implement and effectuate such local preferences, as they each provide by virtue of the foregoing legislation, to local businesses located in BROWARD and MIAMI-DADE counties, as provided herein.

1.5 The County Administrator's Office of BROWARD County and the County Manager's Office of MIAMI-DADE County agree to issue and implement any memoranda or other written documents, as needed, to promptly commence the reciprocity of local preferences provided by law to qualifying local businesses.

1.6 In the event of an express conflict between this Interlocal Agreement and the BROWARD or MIAMI-DADE County Codes and ordinances quoted above, the Codes and ordinances will prevail.


1.7 Except as provided elsewhere in this Agreement, the terms of the BROWARD County Ordinance, as amended, and the MIAMI-DADE County Ordinance, as amended, shall be applicable within their respective jurisdictions for public works, contracts, goods, or services, including, without limitation, support services, supplies, equipment, and materials, and professional services encompassed by each county's ordinance.

1.8 The applicability of this Agreement shall be for all awards where a local county preference is invoked. BROWARD and MIAMI-DADE Counties will each accord local preferences on their respective contracts to local businesses located in the other's county as that term is defined in the awarding county's ordinance. In no event shall the amount of the preference accorded BROWARD vendors exceed the amount of preference that BROWARD County extends to MIAMI-DADE County vendors. Likewise, in no event shall the amount of preference accorded MIAMI-DADE vendors exceed the amount of preference that MIAMI-DADE County extends to BROWARD County vendors.

1.9 The following definitions will apply to this Interlocal Agreement:

A. "Local business" shall be as defined in the parties' respective ordinances to be applied in their respective jurisdictions.

B. "Local Preference" in the context of this Interlocal Agreement shall mean the preferences granted by BROWARD County to a MIAMI-DADE County local business or by MIAMI-DADE County to a BROWARD County local business, pursuant to the preference programs established by MIAMI-DADE or BROWARD, respectively.

ARTICLE 2
GENERAL OBLIGATIONS

2.1 The Counties agree to employ their best efforts through their purchasing, procurement, and similar practices and procedures to implement this Interlocal Agreement, and its enabling legislation, at their own cost and expense. This Agreement shall not apply to cooperative purchases. "Cooperative purchases" shall mean procurement conducted by or on behalf of more than one public entity. This Agreement shall not apply to professional services procured pursuant to Section 287.055, Florida Statutes.


2.2 Semiannually, commencing six months after the effective date of this Agreement, the County Manager of MIAMI-DADE County and the County Administrator of BROWARD County shall each forward a report to each other and to both County Commissions describing each occasion during the previous six months that a contract award was made by that county to a vendor of the other county due to the application of the provisions of this Agreement. The reports are due within thirty (30) days after the end of the applicable semiannual period.

ARTICLE 3
GENERAL

3.1 Governmental Immunity: The parties are political subdivisions as defined in Chapter 768.28, Florida Statutes, and agree to be fully responsible for acts and omissions of their agents or employees to the extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity by either party. Nothing herein shall be construed as consent to be sued by third parties in any matter arising out of this Agreement or any other contract.

3.2 Term: This Interlocal Agreement shall only be effective upon fulfillment of the following condition subsequent not later than 60 days following the date of execution by both parties. Within that period, the County Administrator of BROWARD County and the County Manager of MIAMI-DADE County shall, in turn and using their reasonable discretion, execute a statement that BROWARD County has duly adopted a local preference ordinance that is substantially similar to the local preference ordinance of MIAMI-DADE County. In the event that the statement has not been executed within the stated period, this Agreement shall be null and void without further action of either party. In the event that the statement is executed, this Interlocal Agreement shall take effect upon the date of signature by the County Manager of MIAMI-DADE County, and shall expire at 5 p.m. on September 30, 2005, unless earlier canceled as provided herein. This Agreement shall not apply to solicitations advertised prior to the effective date of the Agreement.

3.3 Cancellation: Either county, acting by and through its County Administration, following a motion or resolution by the applicable Board of County Commissioners, requesting cancellation, may cancel this Interlocal Agreement by providing thirty (30) days' written notice of its intention to cancel this Interlocal Agreement, at which time this Agreement shall be canceled as of that date. The cancellation shall not affect the applicability of this program to any bids or proposals solicited by either county prior to the effective date of cancellation.

3.4 Recordation/Filing: The County Administrator and Ex-Officio Clerk of the BROWARD County Board of County Commissioners and the Clerk of the Board of the MIAMI- DADE County Commissioners shall each, subsequent to execution of this Interlocal Agreement, file it with the Clerk of the Circuit Court in each county, and record it in the Public Records of the respective counties, as provided by Section 163.01 (11), Florida Statutes.


3.5 Notices: Whenever either County desires to give notice to the other, such notice must be in writing, sent by certified or registered United States mail, return receipt requested, addressed to the County to whom it is intended at the place last specified, and the place for giving of notice shall remain such until it may have been changed by a written communication in compliance with the provision of this section. BROWARD County and MIAMI-DADE County respectively designate the following as respective places for giving written notice:

FOR BROWARD COUNTY:

County Administrator
Governmental Center, Room 409
115 South Andrews Avenue
Fort Lauderdale, Florida 33301

WITH A COPY TO:

Director, BROWARD County Purchasing Division
Governmental Center, Room 212
115 South Andrews Avenue
Fort Lauderdale, Florida 33301

FOR MIAMI-DADE COUNTY:

County Manager
111 Northwest First Street
Miami, Florida 33128-5121

Director, Department of Procurement Management
111 Northwest First Street
Miami, Florida 33128-5121

3.6 All Prior Agreements Superseded; Amendments: BROWARD County and MIAMI-DADE Counties agree that this document incorporates, includes, and supersedes all prior and contemporaneous negotiations, correspondence, conversations, agreements, or understandings applicable to the subject matter contained herein.

BROWARD and MIAMI-DADE Counties further agree that no modification, amendment, or alteration in the terms contained in this written document shall be effective unless contained in a written instrument executed after being duly approved by the Board of County Commissioners of each respective county.


3.7 Assignment: BROWARD County and MIAMI-DADE Counties agree not to assign any right, title, or interest hereunder without, the prior written consent of the other county. Any attempt by either county to assign, transfer, or sell any of the rights, duties, or obligations under this Interlocal Agreement without first obtaining such consent is null and void.

3.8 Joint Preparation: The preparation of this Interlocal Agreement has been a joint effort of the parties hereto, and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other.

3.9 Third Party Beneficiaries: The parties agree that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a claim against either of them based upon this Agreement.

3.10 Severability: If any portion (or part thereof) of this Interlocal Agreement is found to be invalid, then it shall be stricken and have no effect. The remaining provision(s) shall continue in full force and effect.

3.11 Multiple Originals: Multiple copies of this Agreement may be fully executed by all parties, each of which bearing original signatures, shall have the force and effect of an original document.


[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.]

IN WITNESS WHEREOF, the parties have made and executed this Interlocal Agreement on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chair or Vice Chair, authorized to execute same by Board action on the _________ day of _______________, 2002, and MIAMI-DADE COUNTY, signing by and through its County Manager, duly authorized to execute same.

BROWARD COUNTY

ATTEST: BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS

____________________________ By______________________________
County Administrator and Chair
Ex-Officio Clerk of the Board of
County Commissioners of BROWARD _____ day of ________________, 2002
County, Florida

Approved as to form by
Office of County Attorney
BROWARD County, Florida
EDWARD A. DION, County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-7641

By____________________________
REBECCA L. KEELER
Assistant County Attorney

INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND MIAMI-DADE COUNTY FOR RECIPROCITY OF LOCAL PREFERENCE ORDINANCES AND PROGRAMS


ATTEST: MIAMI-DADE COUNTY, through its
BOARD OF COUNTY COMMISSIONERS


____________________________ By______________________________
County Administrator and County Manager
Ex-Officio Clerk of the Board of
County Commissioners of Miami- _____ day of ________________, 2002
Dade County, Florida


Approved as to form and
legal sufficiency

By__________________________
Assistant County Attorney



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