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Item N08BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: August 19, 2009 ,KLL Division: _County Attorney Bulk Item: Yes X No _ Department: Staff Contact Person/Phone #: Suzanne Hutton AGENDA ITEM WORDING: Request Approval to advertise a public hearing for an Ordinance prohibiting lobbying of County officials and employees from the time a solicitation is advertised until the award of contract, and adding to the bases for debarment the violation of the lobbying prohibition. ITEM BACKGROUND: The State Attorney and commissioners have indicated an interest in regulation of lobbying to render the procurement of goods and services more transparent to the public. PREVIOUS RELEVANT BOCC ACTION: Enactment of Ordinances No. 10-1990, No.' 20-1990, and No. 22-2004, prohibiting current and former employees and officials from lobbying activities. CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval. TOTAL COST: INDIRECT COST: BUDGETED: Yes —No COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty _�c OMB/Purchasing Risk Management DOCUMENTATION: Included DISPOSITION: Revised 1/09 Not Required AGENDA ITEM # Commissioner Wigington ORDINANCE NO. — 2009 AN ORDINANCE AMENDING MONROE COUNTY CODE CHAPTER 2, ARTICLE VI, PURCHASING AND CONTRACTS; PROVIDING FOR PROHIBITED LOBBYING TO BE REASON FOR DEBARMENT; PROVIDING PROHIBITION OF LOBBYING ACTIVITIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the lobbying of County officers and employees in connection with the procurement of goods and services often consumes many hours of the officers and employees who can better devote such time to other matters in the best interest of the public; and WHEREAS, the lobbying of County officers and employees in connection with the procurement of goods and services surrounds the procurement process with an appearance of impropriety even when there have been no violations of state law; and WHEREAS, the Board of County Commissioners of Monroe County, Florida, finds it in the best interests of the residents and taxpayers of this County to reduce, if not eliminate, the potential for improper activity in the procurement process and the unnecessary use of County resources in addressing the lobbying activities; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1. LOBBYING FOR PROCUREMENT OF GOODS AND SERVICES PROHIBITED. Section 2-349, Monroe County Code, shall be created to read: Sec. 2-349. LOBBYING FOR PROCUREMENT OF GOODS AND SERVICES PROHIBITED. O Lobbying of evaluation committee members, county government employees, appointed officials including; members of advisory bodies and contract employees, or elected officials regarding requests for proposals, requests for qualifications, bids, or contracts or during the pendency of bid protest b the bidder ro oser rotestor or an member of the bidder's ro oser's rotestor's staff, an agent of the bidder, ro oser rotestor or any person em to ed by any legal entiM affiliated with or Lobbying Ord. 2009 representing a business entity, as defined in Section 2-148 of this Code, that is responding to the requests for proposal, requests for qualification, bid or contract, or has _a_ pending bid protest is strictly prohibited from the date of advertisement or a date established b the board of county,commissioners and shall be prohibited until either a contract is ,., approved by the Board or the protest is finally resolved; provided, however, nothing herein shall prohibit a prospective bidderZproposer from contacting the purchasin department to address situations such as clarification and/or questions related to the procurement process. For purposes of this provision, lobbying activities shall include but not be limited to, influencing or attempting to influence action or non -action in connection with any requests for proposal, requests for qualification, bid or contract through direct or indirect oral or written communication or an attempt to obtain goodwill of persons and/or entities specified in this provision. b Lobbying activity in violation of subsection a may cause any requests for proposal, requests for qualification, bid or contract to be rejected, or for a contact entered by an entity who is found to have violated this Section to be voidable, at the sole discretion of the Board. (1) Upon receipt of allegations of any person engaged in lobbying activities in violation of this ordinance, the county attorney or county administrator, or their designee, shall conduct an investigation and report the results to the board. (2) if a business entity is determined to have violated the provisions of this Section through the actions of its principals, officers,.,employees or agents, the board may warn reprimand or censure the entity,or may suspend or prohibit the entity or an of its principals, officers employees or agents deemed to have violated this Section from Lobbying Ord. 2009 a ea ing on behalf of any entity before the board or any county advisory body or from otherwise lobbying for any principal concerning any County business including legislative and quaaizilldicial as well as procurement matters fora period of time; rovided however, that any suspension or prohibition mgy not exceed a period of one 1 ear, unless the person allegedly in violation has been afforded reasonable notice and an o.pportunity to be heard through debarment proceedings. The failure or refusal of an person to comply with any order of the board suspending or prohibiting he lobbyist from lobo in shall be punishable as provided by law and shall otherwise be subject to such civil remedies as the county may ursue including injunctive relief. 3 If a vendor is determined to have violated the provisions of this Section on three 3 occasions the Purchasing Director shall initiate debarment proceedings pursuant to Section 2-347(I) of the Monroe County „Code. (4) The board of county commissioners may void a contract in connection with which there has been lobbying in violation of this ordinance. SECTION 2. REASONS FOR DEBARMENT TO INCLUDE LOBBYING PROHIBITED BY THIS ORDINANCE. Section 2-347(1)(1) shall be amended by adding subparagraph h as follows: h. Determination that lobbying by any bidderlproposer/protestor or any member of the . bidder's/proposer's/protestor's staff, an agent of the bidder proposer/protestor, or any person employed by any legal entity affiliated with or representing_a business entity that is responding to the requests for proposal, requests for qualification, bid or contract, or has a pending bid protest has occurred in violation of Section 2-349. Lobbying Ord. 2009 SECTION 3. SEVERABILITY. Should any provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this Ordinance as whole, or any part thereof, other than the part declared to be invalid. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. SECTION 4. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. SECTION 5. INCLUSION IN THE CODE OF ORDINANCES. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall .be appropriately renumbered to conform to the uniform numbering system of the code. SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect on , provided that this Ordinance shall be filed with the Department of State as provided in section 1.25.66(2), Florida Statutes. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the _th day of , 2009. Mayor George Neugent Mayor Pro Tem Sylvia Murphy Commissioner Heather Carruthers Commissioner Mario DiGennaro Commissioner Kim Wigington (SEAL) Attest: DANNY L. KOLHAGE, Clerk Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor/Chairperson MONROE COUNTY ATTORNEY APPROVED A5 T 9M- TOR Y Lobbying Ord. 2009