Ordinance 006-2012 ,
ORDINANCE NO. 006 - 2012
AN ORDINANCE OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
CREATING SECTION 2 -346 AND AMENDING
SECTION 2 -347 OF THE MONROE COUNTY
CODE; PROVIDING FOR DEFINITIONS;
PROVIDING FOR AN INCREASE IN
PURCHASING AUTHORITY; PROVIDING FOR
AN INCREASE TO THE AMOUNT OF
CONTRACTS SUBJECT TO THE COMPETITIVE
BIDDING PROCEDURE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF
ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORATION INTO THE
MONROE COUNTY CODE OF ORDINANCES;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Monroe County Code should be revised to address statutory
changes, purchasing issues which occurred under the current language, and to provide
definitions to further clarify the competitive bidding procedure; and
WHEREAS, the cost of goods and services has increased since the competitive
bidding procedure was created and in consideration of these increased costs and to
provide some economy of scale, the amount of county contracts required to be bid should
be increased;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1. Sec. 2 -346 of Article VI. PURCHASING AND CONTRACTS shall be
created to read as follows:
Sec. 2 -346 Definitions.
Addendum. Additional directions or modifications during the county
procurement process to a solicitation which is issued as a separate advisory
document after issuance of such solicitation by the purchasing director or his
designee.
Competitive bidding. Two or more bids or proposals submitted for the same
item or services by responsible bidders.
Competitive solicitation. Request for bids (RFB), Request for proposals
(RFP), Request for qualifications (RFQ), Requests for applications (RFA), Request
for information (RFI) or any other competitive solicitations authorized by general
law to be exercised by non - charter counties.
CLEAN ORD Rev Purchasing Policy (KP) 2/29/12 Page 1 of 11
Consultant's Competitive Negotiation Act (CCNA). The official name for F.S.
§ 287.055, relating to the procurement of architectural, engineering, landscape
architecture, and registered land surveying services. These services shall be
procured by request for qualifications, and competitive selection and negotiation.
Contract. A written agreement between two or more competent parties to
perform or not perform a specific act or acts. Any type of agreement regardless of
what it is called for the procurement or disposal of supplies, services or
construction.
Contractor. Any person or firm having a contract with the county.
County. Monroe County, a political subdivision of the State of Florida, or any
of its authorized representatives pursuant to ordinance, resolution, or
administrative code.
Department head. The person responsible for the operations of the
department and employees within that department.
Evaluation or Selection committee. The committee approved to review offers
and responses to requests for proposals (RFP) and requests for qualifications
(RFQ) in accordance with the policies and procedures of the purchasing
department, and when required, in accordance with the State of Florida
Competitive Consultants Negotiation Act (CCNA).
Legal services. Services of legal counsel authorized by the Office of the
County Attorney, including, but not limited to, expert witnesses, conflict
counsel, Division of Administrative Hearings (DOAH) services and other
services required by the Office of the County Attorney.
OMB. The County's office of management and budget.
Pre -bid conference (or pre - proposal conference). A meeting held with
prospective bidders prior to solicitation of or the date for receipt of bids or
proposals, to recognize state of the art limits, technical aspects, specifications, and
standards relative to the subject, and to elicit expertise and bidders' interest in
submitting a bid or pursuing the task.
Proposal. An executed formal document submitted to the county stating the
goods and/or services offered to satisfy the need as requested in the request for
proposal.
Professional Services. An independent contractor in one of more of the
following professional fields: appraisal services (as per F.S. 125.355); audit and
accounting services; consultants in planning, management, and technological or
scientific advisors; financial services in rating and underwriting of bonds and
investment services and medical services.
CLEAN ORD Rev Purchasing Policy (KP) 2/29/12 Page 2 of 11
Purchase order. A document which authorizes the delivery of specific
merchandise or the rendering of certain services and the making of a charge for
them.
Purchasing director. The person holding the position as head of the
purchasing department.
Request for applications (RFA). A solicitation for applications for funding
which from time to time may be issued by the county or tourist development council
for various programs.
Request for bids (RFB). A solicitation of the responses for prices and terms
for procurement of goods and/or services for which the scope of work,
specifications or contractual terms and conditions can be closely defined.
Evaluation of a bid is based upon price, conformance with the specifications and
deemed submitted by a responsible bidder.
Request for information (RFI). A written or electronically posted request
made by an agency to vendors for information concerning commodities or
contractual services. Responses to these requests are not offers and may not be
accepted by the agency to form a binding contract. A letter of interest may or may
not be required as part of the RFI process.
Request for proposal (RFP). A solicitation of the responses for prices and
terms for procurement of goods and/or services for which the scope of work,
specifications or contractual terms and conditions cannot reasonably be closely
defined by the County. Evaluation of a proposal is based on prior established
criteria which may include but may or may not be totally limited to price.
Request for qualifications (RFQ). A solicitation of responses from vendors
whereby vendors are invited to submit a summary of their particular qualifications
and to state their interest in performing a specific job or service for the county.
From such submissions, the county selection committee determines which of such
vendors shall be short- listed, interviewed, and recommended to the board of county
commissioners for permission to negotiate for scope of work and fees.
Responsible bidder. An individual or business which has submitted a bid,
offer, proposal, quotation, or response which, as determined by the county, has the
capability in all respects to perform fully the contract requirements and the
experience, integrity, reliability and capacity, facilities, equipment and credit
which give reasonable assurance of good faith and performance. The county may
also consider and give weight to the bidder's previous conduct and performance
under previous contracts with the county and other agencies (including but not
limited to delinquency), and determine the quality of the bidder's previous work.
Responsive bidder. An individual or business which had submitted a bid,
offer, proposal, quotation or response which, as determined by the county,
conforms in all material respects to the solicitation which may include but is not
limited to pricing, surety, insurance, specifications of the goods or services
CLEAN ORD Rev Purchasing Policy (KP) 2/29/12 Page 3 of 11
•
requested or any other matter unequivocally stated in the invitation for bids as a
determinant of responsiveness. A lack of conformity in these matters which is
nonsubstantive in nature may be considered a technicality or irregularity which
may be waived by the county commission.
Responsive bid. A bid or proposal which conforms in all material respects to
the request to bid or request for proposals.
Sole source. The only source of the item(s) which meets the needs of the
using department as determined by the required process under the Monroe County
Purchasing Policies and Procedures.
Utility/local telephone services. Services from a utility whose rates are
determined and controlled by the Public Service Commission or other
governmental authority, including but not limited to electricity, natural gas, water,
sewer, wastewater, telephone, telecommunications, and cable television services.
SECTION 2. Sec. 2- 347(e) shall be amended to read as follows:
(e) This section applies to all county contracts, except as otherwise stated in this
article, for services, goods, and public works, that are, in accordance with generally
accepted accounting principles, expected to cost $50,000 or more. A contract may not be
split into multiple contracts for services, goods or public improvements for the purpose of
evading the requirements of this section.
(1) The county administrator may, in his discretion, require that contracts for
services, goods or public works that are expected to cost less than $50,000
comply with the terms of this section.
(2) When the goods or services sought are expected to cost $50,000 or more
and are available to the county through an existing contract between a
vendor and the state, the United States, or another county of the state,
municipality, special district, or other governmental entity or not for profit
association's competitively awarded contract, then compliance with the
terms of this section is not required. However, before any purchase is
made through an existing contract, the department head must first contact
other South Florida vendors in order to determine if the goods or services
sought are available at a lower price than the price of the existing contract.
If the goods or services are available from another vendor at a lower
price than the existing contract, then the contract for the goods or services
must be awarded to that vendor, unless the price is only of minor concern
compared to the qualitative considerations. The purchase of the goods or
services sought may be made through the existing contract if none of the
other vendors contacted by the department head offered the goods or
services at a price lower than the price of the existing contract. The results
of the requests from vendors shall be submitted to the purchasing director
for verification before the contract is approved by the county.
CLEAN ORD Rev Purchasing Policy (KP) 2/29/12 Page 4 of 11
(3) When the goods or services to be purchased are only available from a sole
source, then the purchase may be exempt from this section. However, the
department head of the requesting department must provide written
justification, as outlined in the Monroe County Purchasing Policies and
Procedures, before approval of the contract or purchase is made.
(4) Persons who design county construction projects, or provide the
specifications to the county for such projects or provide the specifications
for any goods or services, are prohibited from bidding on the project
construction work and are prohibited from bidding on the provision of the
goods or services. This prohibition does not apply to design/build
contracts and design/build/operate contracts, when authorized by general
law and when the board of county commissioners has specifically elected
to proceed under those provisions of general law.
(5) The competitive bidding procedures are not required to apply to the
following:
a. Professional service covered by the Consultants' Competitive
Negotiation Act (F.S. §287.055). Other professional services may
be exempted by the BOCC from the competitive bidding process
when price is only a minor concern compared to qualitative
considerations;
b. All purchases of services controlled by the public service
commission including but not limited to utility /local telephone
services;
c. Cellular telephone services; on -going payments and fees for
maintenance and support of existing software technology which
has been purchased in accordance with existing procurement
requirements; software packages for personal computers approved
by the county' s Technical Services Department;
d. Legal services, lobbying services, interpreter services, court
reporter services, and advertising services; and
e. Change orders authorized under a lawfully executed
county /contractor contract
SECTION 3. Sec. 2- 347(f) shall be amended to read as follows:
(f) The competitive solicitations for contracts covered by this section must be made through
published notice.
(1) The published notice of competitive solicitations must set forth a brief
summation of the service, goods or public work desired together with a
description of where and from whom a potential bidder or proposer
may obtain more detailed information. The notice must state that all
responses to competitive solicitations submitted must be sealed and
must be submitted to the purchasing department. The notice must state
the date, time, and place where the responses to competitive
solicitations will be opened.
(2) The competitive solicitations notices shall comply with any applicable
statutes and the requirements of the Monroe County Purchasing
Policies and Procedures.
CLEAN ORD Rev Purchasing Policy (KP) 2/29/12 Page 5 of 11
SECTION 4. Sec. 2- 347(g) shall be amended as follows:
(g) County departments must prepare the bid specifications in advance of the
publication date. The specifications must include, where applicable, plans, descriptions of
the service or description of the goods, the estimated quantities, the contract format,
insurance and bonding requirements, all as appropriate to the services, goods, or public
improvements desired. The specifications may not be drafted or structured in a way that
only one person is capable of submitting a bid that meets such specifications. The
specifications must be sufficiently detailed, definite, and precise upon all the essential
elements that are to be a part of the contract so that a bid received will constitute a
definite offer for the contract that may be accepted by the board of county commissioners
without further negotiation. When the bid specifications are in final form, and before the
publication date, the original specifications, including an electronic version, must be
delivered to the custody of the county purchasing director by the department that
prepared them. The purchasing director will retain custody until after the bids are opened.
The department may retain a copy of the specifications for its use but, if there is a conflict
between the terms of the specifications in the director's custody and the department's, the
specifications in the director's custody are controlling. Any amendments to the
specifications or addendum must be made through the purchasing director who shall be
responsible for notifying prospective bidders /proposers of the amendments or addendum.
SECTION 5. Sec. 2- 347(h) shall be amended as follows:
(h) In order to determine if persons or entities submitting responses to competitive
solicitations are responsible, all responses to competitive solicitations for contracts to be
awarded under this section must contain, at a minimum, the following information:
(1) A list of the person's or entity's shareholders with five (5) percent or more
of the stock or, if a general partnership, a list of the general partners; or, if
a limited liability company, a list of its members; or, if a solely owned
proprietorship, names(s) of owner(s);
(2) A list of the officers and directors of the entity;
(3) The number of years the person or entity has been operating and, if
different, the number of years it has been providing the services, goods, or
construction services called for in the bid specifications (include a list of
similar projects);
(4) The number of years the person or entity has operated under its present
name and any prior names;
(5) Answers to the following questions regarding claims and suits:
a. Has the person, principals, entity, or any entity previously owned,
operated or directed by any of its officers, major shareholders or
directors, ever failed to complete work or provide the goods for
which it has contracted? If yes, provide details;
b. Are there any judgments, claims, arbitration proceeding or suits
pending or outstanding against the person, principal of the entity,
or entity, or any entity previously owned, operated or directed by
CLEAN ORD Rev Purchasing Policy (KP) 2/29/12 Page 6 of 11
any of its officers, directors, or general partners? If yes, provide
details;
c. Has the person, principal of the entity, entity, or any entity
previously owned, operated or directed by any of its officers, major
shareholders or directors, within the last five (5) years, been a
party to any lawsuit, arbitration, or mediation with regard to a
contract for services, goods or construction services similar to
those requested in the specifications with private or public entities?
If yes, provide details;
d. Has the person, principal of the entity, or any entity previously
owned, operated or directed by any of its officers, owners,
partners, major shareholders or directors, ever initiated litigation
against the county or been sued by the county in connection with a
contract to provide services, goods or construction services? If yes,
provide details;
e. Whether, within the last five (5) years, the owner, an officer,
general partner, principal, controlling shareholder or major creditor
of the person or entity was an officer, director, general partner,
principal, controlling shareholder or major creditor of any other
entity that failed to perform services or furnish goods similar to
those sought in the request for competitive solicitation;
f. Customer references (minimum of three), including name, current
address and current telephone number;
g. Credit References (minimum of three), including name, current
address and current telephone number;
h. Financial statements for the prior three years for the responding
entity or for any entity that is a subsidiary to the responding entity:
and
i. Any financial information requested by the county department
involved in the competitive solicitation, related to the financial
qualifications, technical competence, the ability to satisfactorily
perform within the contract time constraints, or other information
the department deems necessary to enable the department and
board of county commissioners to determine if the person
responding is responsible.
The department requesting competitive solicitations and the county attorney reviewing
the competitive solicitations must make sure that all bid solicitations request the
information required by subsection (h). The department requesting the competitive
solicitations must evaluate the information received, and then prepare a recommendation
to the board of county commissioners as to whether the lowest bidder or the highest
ranked proposer is responsible in the view of the information received. In evaluating the
information received, the requesting department is directed to give particular
consideration in preparing their recommendation to the bidder's /proposer's responses to
subsection (h)(5)a. -i. of this section. If the department or county attorney have a
reasonable belief that any information furnished by a bidder /proposer is false, misleading
CLEAN ORD Rev Purchasing Policy (KP) 2/29/12 Page 7 of 11
or omits relevant facts, the department is directed to investigate any lawfully available
information resource in order to be able to adequately advise the board as to whether a
bidder /proposer is responsible. If after the responses to competitive solicitations are
received, it is discovered that a bidder /proposer misrepresented or omitted information
required by subsection (h), then his bid/proposal shall be automatically disqualified. If the
misrepresentation or omission is discovered after the contract is awarded, the board of
county commissioners may, in its discretion, terminate the contract with no liability to the
county other than to pay the contract price or unit price for work that is satisfactorily
completed and useful to the county up to the date of the meeting of the board of county
commissioners terminating the contract. The foregoing must appear in all contracts
covered by this article.
SECTION 6. Sec. 2- 347(i) shall be amended as follows:
(i) Each bid for construction projects estimated to exceed $200,000 must be
accompanied by a bid security in an amount equal to five percent of the bid price either in
the form of a certified check made payable to the county or in a bond from a surety
company authorized to do business in the state. A project may not be divided into
subparts to avoid the requirement for the bid security. The County, in its discretion, may
require a bid security for construction projects estimated to be less than $200,000. The
bid securities will remain in the custody of the OMB director until forfeited or released as
provided elsewhere in this section. If, after the board accepts the bid the bidder refuses to
execute the contract or commence the work or provide the goods called for, then the
bid security will be forfeited to, and become the property of, the county as liquidated
damages for the county's loss of bargain. If the successful bidder executes the contract
and commences performance, then the bid security will be returned. The bid securities of
unsuccessful bidders and bid securities in the county's possession for more than 90 days
from the date of bid opening must also be returned. The following shall also apply:
(1) All bids are irrevocable for 90 days from the bid opening date. If a bidder
discovers an error in his bid, he may withdraw the bid and request a refund
of the bid security if the bid has not yet been accepted by the board of
county commissioners. The security may be returned only if the bidder
can show, to the satisfaction of the county OMB director, the following
equitable factors:
a. The bidder acted in good faith in submitting the bid;
b. In preparing the bid there was an error of such magnitude that
enforcement of the bid would work a severe hardship upon the bidder;
and
c. The error was not a result of gross negligence or willful inattention.
(2) All bids must be sealed and submitted to the purchasing director before the
time described in the published notice for the bid opening. All bids must
be opened at the time and place described in the published notice. Any bid
submitted after that time shall not be considered.
CLEAN ORD Rev Purchasing Policy (KP) 2/29/12 Page 8 of 11
(3) In order for a bid to be accepted by the board of county commissioners
and a contract awarded, the bid must be the lowest in price, must conform
to the specifications, and have been submitted by a responsible bidder. For
the purposes of this section, the following terms have the following
meaning:
a. The term "lowest in price" means the lowest total economic cost to
the county including, but not limited to, the contract price and
demands upon county equipment and county staff time.
b. The term "conform to the specifications" means that there is no
substantial variation between the bid submitted and the county
specifications. Slight or immaterial variations from the
specifications do not create a nonconforming bid. However, any
variation that destroys the competitive character of the bidding
process, causes or confers a material change more favorable to one
bidder than the others, or furnishes one bidder an advantage or
benefit not enjoyed by the other bidders is a substantial variation
and results in a nonconforming bid.
(4) Once the board of county commissioners has determined which bid
conforms with subsection (i)(3) above, the board may vote to accept that
bid and authorize the mayor to execute a written contract, reviewed and
approved by the county attorney's office, on behalf of the county. If the
initially successful bidder refuses to execute the contract or, if after the
execution, refuses to commence performance, then the board may vote to
accept the bid of the next lowest conforming responsible bidder and so on.
However, the board of county commissioners at all times reserves the right
to waive variations from the specification that do not render a bid
nonconforming, to reject all bids, re- advertise for bids, or to abandon any
project, purchase of goods, or request for bids. A contract is not entered
into until the board of county commissioners votes to accept a bid and
directs the mayor to execute a contract on behalf of the county. Regardless
of any representations made by any county officer, employee or county
contractor or consultant, and regardless of any funds expended or work
performed by the bidder or a prospective contractor, the county is not
liable or obligated to pay the bidder /prospective contractor any money
until the bid has been accepted by the board of county commissioners.
SECTION 7. Sec. 2- 347(j) shall be amended to read as follows:
(j) All responses must be sealed and submitted to the office of the county purchasing
department before the time described in the published notice for the bid opening. Any
responses submitted after that time shall not be considered. All of the responses must be
opened at the time and place described in the published notice. All responses are
irrevocable for 90 days from the bid opening date. However, if the proposer discovers an
error in his response, he may withdraw his response in good faith.
CLEAN ORD Rev Purchasing Policy (KP) 2/29/12 Page 9 of 11
(1) The board of county commissioners' determination as to the following is
discretionary with the board and is final: whether a bid is the lowest in
price, based upon the same criteria set forth in subsection (i)(3); whether
a proposal is the highest ranked, with price as a consideration when
applicable; whether a bid variation from the county's specification is
slight and immaterial or substantial and material; whether a response is
submitted by a responsive bidder and responsible bidder, as defined in
this chapter.
(2) Once the board of county commissioners has determined which response
shall be awarded the contract, the board may vote to accept that proposal
and authorize the mayor to execute a written contract, reviewed and
approved by the county attorney's office, on behalf of the county. If the
initially successful proposer refuses to execute the contract or, if after the
execution, refuses to commence performance, then the board may vote to
accept the next highest ranked responsive responsible bidder and so on.
However, the board of county commissioners at all times reserves the
right to waive variations from the specifications that do not render a bid
nonconforming, to reject all competitive solicitations, re- advertise for
competitive solicitations, or to abandon any project, purchase of goods,
or request for competitive solicitations. A contract is not entered into
until the board of county commissioners votes to accept a proposal and
directs the mayor to execute a contract on behalf of the county.
Regardless of any representations made by any county officer, employee
or county contractor or consultant, and regardless of any funds expended
or work performed by a prospective contractor, the county is not liable or
obligated to pay the prospective contractor any money until the proposal
has been accepted by the board of county commissioners.
SECTION 8. SEVERABILITY. If any portion of this ordinance is for any reason held
invalid or declared to be unconstitutional, inoperative or void, such holding shall not
affect the remaining portions of this ordinance. 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 9. 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 10. INCLUSION IN 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.
CLEAN ORD Rev Purchasing Policy (KP) 2/29/12 Page 10 of 11
SECTION 11. TRANSMITTAL AND EF'F'ECTIVE DATE. This Ordinance shall be
filed with the Department of state and shall be effective as provided in section 125.66(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 21st day of
March , 2012.
Mayor David Rice Yes
Mayor Pro Tem Kim Wigington Yes
Commissioner Heather Carruthers Yes
- Commissioner George Neugent Yes
Sylvia Murphy Yes
f i
TSEAL) ' BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
By By
Deputy Clerk Mayor airpersorl
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CLEAN ORD Rev Purchasing Policy (KP) 2/29/12 Page 11 of 11
MONROE COUNTY COURTHOUSE
BRANCH OFFICE:
500 WHITEHEAD STREET, SUITE 101 .c'c!"-c, 1
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KEY WEST, FLORIDA 33040 i .* °`°'oo;; I PLANTATION KEY
�; GOVERNMENT CENTER
TEL. (305) 294 -4641 • * _ ., '7�•> * 88820 OVERSEAS HIGHWAY
FAX (305) 295 -3663 i'yl' •
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` PLANTATION KEY, FLORIDA 33070
%.** • op_S TEL. (305) 852 -7145
BRANCH OFFICE: I\ Vic"` �` FAX (305) 852 -7146
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY CLERK OF THE CIRCUIT COURT ROTH BUILDING
MARA rIION, FLORIDA 33050 50 HIGH POINT ROAD
TEL. (305) 289 -6027 MONROE COUNTY PLANTATION KEY, FLORIDA 33070
FAX (305) 289 -1745 www.clerk -of- the- court.com TEL. (305) 852 -7145
FAX (305) 853 -7440
April 4, 2012
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399 -0250
Via Certified Mail 7010 1670 0001 0244 7877
Dear Ms. Cloud,
Enclosed please find a certified copy of Ordinance No. 006 -2012 creating Section 2 -346
and amending Section 2 -347 of the Monroe County Code; providing for definitions; providing
for an increase in purchasing authority; providing for an increase to the amount of contracts
subject to the Competitive Bidding Procedure; providing for severability; providing for repeal of
all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code
of Ordinances; and providing for an effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting, held in formal session, on March 21, 2012. Please file for the record. Should
you have any questions please feel free to contact me at (305) 295 -3130.
Respectfully submitted,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: Pamela G. Hancock, D. C
cc: Municipal Code Corporation via e- mail
County Attorney via e -mail
Finance via e -mail
OMB via e -mail
File
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1. Article Addressed to If YES, enter delivery address below: ❑ No
Ms. Liz Cloud, Program Admin.
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399 -0250
3. Service Type
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❑ Registered ❑ Retum Receipt for Merchandise
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00‘. Z o 12, 4. Restricted Delivery? (Extra Fee) ❑ Yes
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,that on?Maal_21 0012at3:00 ',
i P.M.,or as soon thereafter as
' may be heard,at the
P.O.Box 1197,'Tavernier,Fl 33070 I Marathon Government
Centei•,2798Overseas '
92655 Overseas Hwy,Tavernier Fl 33070 Highway;Mile Marker 50, •
Phone 305- 852-3216,Fax 305- 852-0199 Marathon,MonroeCounty,
Florida,the Board of County
www.keysnet.com Commissioners of Monroe
• County,Florida,intends to,
p�
- T A consider the adoption of the
PROOF OF PUBLICATION COI
-ay Ctyordihance: '
, AN ORDINANCE OF THE
MONROE COUNTY BOARD
STATE OF FLORIDA ' OF COUNTY ' - , ,
COMMISSIONERS
COUNTY OF MONROE CREATING SECTION2-346 '
Before the undersigned authority personally appeared AND AMENDING SECTION
• 2-347 OF THE MONROE
WAYNE MARKHAM who on oath, says that he is COUNTY CO
E;PROVIDING
' FORN
PUBLISHER of the THE REPORTER, a weekly PROVIDINGDEFI ION ;
newspaper published in Tavernier, in Monroe INCREASE IN PURCHASING '.
County, Florida: that the attached copy_<of ; AUTHORITY;PROVIDING
advertisement was published in said newspaper in the AMOFOR UN INCREASE TO THE
UNT OF CONTRACTS ' •
issues of: (date(s) of publication) - SUBJECT TO THE
'. COMPETITIVE BIDDING.
•""' `! 02 9 o7O/2J PROCEDURE;PROVIDING
(/�" FOR SEVERABILITY;
PROVIDING FOR REPEAL
' OF ALL ORDINANCES.
INCONSISTENT HEREWITH; -
PROVIDING FOR
INCORPORATION INTO THE •
Affiant further says that the said THE REPORTER is ' MONROE COUNTY CODE OF
ORDINANCES;AND •,
a newspaper published at Tavernier, in said Monroe , PROVIDING FOR AN ,
County, Florida, and that the said newspaper has • EFFECTIVE DATE.
•
heretofore been continuously published in said Pursuant to Section 286.0105; •
Monroe County, Florida, each week (on Friday) and ` Florida Statutes,notice is given'
'that if a person decides to
has been entered as a second class mail matter at the -
appeal any decision made by -
post office in Tavernier, in Monroe County, Florida, , the Board with respect to any , •
matter considered at such, ,
for a period of one year next preceding the first hearings or meetings,he will
publication of the attached copy of advertisement. need a record of the
The affiant further says that he has neither paid nor proceedings,-and that,for such .
purpose,he may need to
promised any person, firm, or corporation any ensure that a verbatim record ' '
discount, rebate, commission or refund for the • of the proceedings is made,-
which record includes the
purpose of securing this advertisement for ; testimony arid evidence upon "
publication in the said newspaper(s) and that The which the appeal is to be;
THE REPORTER is in full compliance with Chapter based_ -
50 of the Florida State Statutes on Legal and Official ADA ASSISTANCE:If you are .
a person with a disability
Advertisements. , who needs special
accommodations in order to
'participate in this
// proceeding;please contact • ,
(/( Q ' the County Administrator's
Office,by.phoning(305)
Wayne Mar P lisher j 292-4441,between the hours
of 8:30 a.m.-5:00 p.m.,no
i later than five(5)calendar
; days prior to the scheduled
Sworn to and subscribed f e me meeting;if you are hearing'or
this Day of :,2012 , ,. _ _I 'I' ; `•;,,'h ! voice impaired,call"7 ' ' •
(SEAL J
•el,`i ';,'; ,.; '','" j Dated at Key West Florida,this
�o RYgss KATHLEEN BRYAN �07- f� r)\: 3 ,ri'•:i'1`'?U j ?1.st day ofFebruary,2012. •
a•
Q NOTARY PUBLIC mum i p DANNY L.KOLHAGE;Clerk of ,
m o FLORIDA to L— U1g" `u� 'the Clerk ircuit Court oftFieBoardofCounty.
tart' Comm#EE140399 9 '9 U+ �; •Commissioners of Monroe
s/4'CE 191� Expires 12/12;2. , I County,Florida ' '
Published.02/24/12 _
• • The Reporter -
0 r 1. ,- Tavernier,FL 33970' T_,.._a_ .
•
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PROOF OF PUBLICATION -- _ -----•-
A MONROE COUNTY BOARD
d#7070500
OF COUNTY " •
•
COMMISSIONERS '
STATE OF FLORIDA ' NOTICE OF INTENTION TO. ' CREATING SECTION 2-346 ;
COUNTY OF MONROE CONSIDER ADOPTION OF AND AMENDING SECTION •
COUNTY ORDINANCE' - 2-347OFTHE MONROE
Before the undersigned authority person- , _ COUNTY CODE;PROVIDING '
all eared WAYNE MARKHAM who on NOTICE IS HEREBY GIVEN FORDEFINITIONS;!
Y appeared pTO WHOM IT MAY CONCERN PROVIDING FOR AN
Oath, says that he is PUBLISHER of the thatoiMarch21,2012at3:00' INCREASE IN PURCHASING
FLORIDA KEYS KEYNOTER a twice P.M.,oras soon thereafteras . AUTHORITY;PROVIDING
may be heard,at the. ' . FOR AN INCREASE TO THE •
weekly newspaper published in Marathon, ' Marathon Government . , AMOUNT OF CONTRACTS
in Monroe County Florida: that the Center,2798Overseas ' SUBJECT TO THE,
' Highway,Mile Marker 50, ' COMPETITIVE BIDDING
attached copy of advertisement was- ' Marathon,Monroe County, . PROCEDURE;PROVIDING
in said in the issues Florida;the Board of County '-FOR SEVERABILITY
publishednewspaper er p P Commissione'rs of Monroe I PROVIDING FOR REPEAL
of: (date(s) of public tion) County,Florida,intends to OF ALL ORDINANCES
' consider the adoption of the' INCONSISTENT HEREWITH;
e���/ following County ordinance: • PROVIDING FOR
/f- a1`i'J "AN ORDINANCE OF THE INCORPORATION INTO THE
MONROE COUNTY CODE OF
(CONTINUED IN THE NEXT COLUMN( ORDINANCES;AND
PROVIDING FOR AN
J EFFECTIVE DATE. -
Affiant further says that the said FLORIDA Pursuant to Section286.0105,
KEYS KEYNOTER is a newspaper published Florida Statutes,notice is given
_ . _ ,, - -- , -. _ -.- that if a person decides to .
at Marathon, in said Monroe County, appeal any decision made by
Florida, and that the said newspaper has ' the Board with respect to any.
matter considered at such
heretofore been continuously published in , hearings or meetings,he will '
neesaid Monroe County, Florida, wice each prodee ings,aecord dth
'proceedings,and that,for such
week (on Wednesday and Saturday) and purpose,he may need to
has been entered as a second class mail ensure thata proceedings
verbatim record
of the proceedings is made,.: •
matter at the post office in Marathon, in whichrecordincludesthe
Monroe County, Florida, foraperiod of `whichthemony anpd elistoceupon
Y ' which the appeal is to be
one year next preceding the first '; based. . {
publication of the attached copy of , ADAASSISTANCE:Ifyouare
advertisement. The affiant further says i a person with a disability
that he has neither paid nor promised any accom who modations
special
in order to
person, firm, or corporation any discount, participate in this
tact
rebate, commission or refund for the :the County
Administrator's
purpose 'the CountyAdminlstrator's
purpose of securing this advertisement for Office,by phoning(305)
publication in the said newspaper(s) and of8:30a.m.441, et :0Op.m.,en the o
p ;of 8:30 a.m.-S:OO;p.m.,no k
that The Florida Keys Keynoter is in full later than five(5)calendar
compliance with Chapter 50 of the Florida days meeting;
if o b ahe Scheduledering
p p meeting;if yob are hearing or
State Statutes on Legal and Official ;voiceimpaired,call711.
Advertisements. Dated at Key West,Florida,this )
r 21 st day of February,2012.
A/ ,DANNY L.KOLHAGE;Clerk of I
the Circuit Court and ex officio
Clerk of the Board of County
Sworn to a sub r' a afore me Commissioners of Monroe
this52s of r , 2012 County,Florida
Published02/25/12' -
(SEAL) / �ptAR qss' KATHLEEN BRYAN ;Florida Keys Keynoter
aQr o NOTARY PUBLIC - --- . .--•
Y` =STATE OF FLORIDA
//�� arm Comm#EE140399 Q r
Expires 12/12/2015 ota y OOLo -20 /0..
KEYS,WEST
- •j.; EN STATE OF FLORIDA
I { `
The F1orlW Keys Only Daily IWwapeper,Est.1878 COUNTY OF MONROE
Cooke Communications,LLC
Florida Keys
PO Box 1800 Before the undersigned authority personally appeared Randy G. Erickson,
Key West Fl 33041 who on oath says that he is Vice-President of Operations of the Key West
Office....305-292-7777 Citizen, a daily newspaper published in Key West, in Monroe County,
Extension x219 Florida; that the attached copy of advertisement, being a legal notice in the
Fax 305-295-8025 matter of
IegalsOkevsnews,com //bA `` n
11— 0(AI
),,v,4A,c„.._
INTERNET PUBLISHING
keywest.com -�
keysnews.com v( 4 �J--./I'k Ik-r) Pup_.1„,,tjAi Po I
floridakeys.com
key-west.com
Web Design Services was published in said newspaper in the issue(s) of
NEWSPAPERS � N,`J,4 Z 9) ZO ) Z,
The Citizen
• Southernmost Flyer I
Solares Hill Affiant further says that the Key West Citizen is a newspaper published in
Big Pine Free Press
Marathon Free Press Key West, in said Monroe County, Florida and that the said newspaper has
Islamorada Free Press heretofore been continuously published in said Monroe County, Florida every
Key Largo Free Press day, and has been entered as second-class mail matter at the post office in Key
MARKETING SERVICES West, in said Monroe County, Florida, for a period of 1 year next preceding
Commercial Printing
Citizen Locals Card the first publication of the attached copy of advertisement; and affiant further
Direct Mail says that he has neither paid nor promised any person, firm or corporation any
, FLORIDA KEYS OFFICES discount, rebate, commission or refund for the purpose of securing this
Printing I Main Facility advertisement for publication in the said newspaper.
3420 Northside Drive
Key West, FL
33040-1800
Tel 305-292-7777
Fax 305-294-0768
citizen(@keywest.com keywest.com „, Signature of Affiant
Internet Division
33040-3328
Tel 305-292-1880 Sworn and subscribed before me this? y day of Feloil..A1,= ., 2012 - -
Fax 305-294-1699
sales@keywest.com
Upper Keys Office Notary Public: DAWN KAWZINSKY
4 91731 Overseas Hwy ma
Tavernier, FL 33070 t.• NOTARY PUBLIC
Tel 305-853-7277 STATE OF FLORIDA
Fax 305-853-0556 Comm#EE157233
freepress@floridakeys.com '
C � SCE i9 Expires 1/4/2016
A\) V\AP
Expires: 1/4/16 Not i :seal m
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Personally Known x Produced Identification _s
Type of Identification Produced
co o
NOTICE OF INTENTION TO '
CONSIDER
ADOPTION OF COUNTY •
ORDINANCR •
NOTICE IS HEREBY GIVEN TO
, WHOM IT MAY CONCERN that
on March 21,2012 at 3:00 P.M.,
or as soon thereafter as may be
heard,at the Marathon
Government Center,2798
Overseas Highway,Mile Marker
50,Marathon,Monroe County, •
Florida,the Board of County
Commissioners of Monroe County,
Florida,intends to consider-.the
adoption of the following County
ordinance:
AN ORDINANCE OF THE
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
CREATING SECTION 2-346 AND
I AMENDING SECTION 2-347 OF
THE MONROE COUNTY CODE;
PROVIDING FOR DEFINITIONS;
• PROVIDING FOR AN INCREASE
IN PURCHASING AUTHORITY; .
PROVIDING FOR AN INCREASE ;
. TO THE AMOUNT OF
- CONTRACTS SUBJECT TO
THE
COMPETITIVE BIDDING
PROCEDURE;PROVIDING FOR
SEVERABILITY;PROVIDING
' FOR REPEAL OF ALL
' ORDINANCES INCONSISTENT
HEREWITH;PROVIDING FOR
,INCORPORATION INTO THE
' MONROE COUNTY CODE OF
ORDINANCES;AND PROVIDING '
FOR AN EFFECTIVE DATE. ,
Pursuant• to...Section 286.0105,
Florida Statutes, notice is given
that if a person decides to appeal
,any decision made by the Board
with respect to any matter
considered 'at such hearings or ,
meetings, he will need a record of
the proceedings, and that, for
• f such' purpose, he may need to ,
ensure that a verbatim record of
the proceedings is•made, which
record includes the testimony and
evidence upon,which the appeal is ,
to be based. '
ADA ASS/STANCE. /f.you are a
person with a d/sability who needs
i spec/a/accommodations in order .
to participate in this proceeding, ,
p/ease contact the County Admire-
istrator's Office, by phoning(305)
- , 292-4441, between the hours of '
, 830a.m. -5.•00p.m.,no later than
• I five(5)calendar days prior to the
scheduled meeting; if you are
hearing or voice. impaired, 'ca//•
711':
Dated at Key West, Florida, this
21st day of February,2012.'
DANNY L.KOLHAGE,
Clerk of the Circuit Court
and ex officio Clerk of '
the Board of County
Commissioners of
• Monroe County,Florida
February 24,2012
aVj I Ke.'t -
FLORIDA DEPARTMENT Of STATE
6 1
RICK SCOTT KEN DETZNER
Governor Secretary of State
April 11, 2012
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Ms. Pamela G. Hancock, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letters
dated April 4, 2012 and certified copies of Monroe County Ordinance Nos. 004 -2012 through 006 -2012,
which were filed in this office on April 9, 2012.
Sincerely,
Liz Clou
Program Administrator
LC /srd
1
CT
ti n CD
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270 • Facsimile: (850) 245 -6282
www.dos.state.fl.us