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