Loading...
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 ( �! • ' 0 0 y , ,- O 4/11 c 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 o 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' • a • . `„ 0, ` 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 1. . 'ostal Service,, CERTIFIED MAIL,, RECEIPT r ` (Domestic Mail Only; No Insurance Coverage Provided) N For delivery information visit our website at www.usps.com, 1 � , ru Postage $ ° ,V ,SST, F� Certified Fee O Retum Receipt Fee Postmark O 414 (Endorsement Required) AM 1132012 �' Restricted Delivery Fee ° (Endorsement Required) —1:1 Total Postage & Fees r-1 Pro• r. • iwutz It sr �s p 5 ,� Sent To Administr ive Code and ee y �a ° Street, Apt .IV174;A; e 7 City, state, z QQ'$011tiL �[Ol1QU1.a�'1tG @P.t allahassee, Florida 32399 -0250 0 PS Form 3800. August 2006 See Reverse tor Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete Items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. x DEPT. OF STATE° Agent • Print your name and address on the reverse ❑ Addressee so that we can return the card to you. B. Received by ( litt1 LU pl,q C. Date of Delivery • Attach this card to the back of the mailpiece, piny lJ i G or on the front if space permits. D. Is delivery address different from item 1? ❑ Yes 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 iiCertified Mail ❑ Express Mail ❑ Registered ❑ Retum Receipt for Merchandise Ordinance Nos. 004 & 005 -2012 ❑Insured Mall ❑ C.O.D. 00‘. Z o 12, 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7010 1670 0001 0244 7877 (Transfer from service labe0 PS Form 3811, February 2004 Domestic Retum Receipt 102595 - - 154 0 Ad#7056600 • . NOTICE OF INTENTION TO i • CONSIDER ADOPTION OF ' COUNTY ORDINANCE ' ' .THE , REP n RTERvTO WHOM IT MAY CONCERN'' ,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_ . • 0t, 69— 20/ a- ry -T1 c i1 i FLORIDA KEYS - -7, r`' rn _`�-- E f iT 1i sI r s l e� ✓ 1'1:1111A') — . —ri i ,, i I , i ' I o r , I ' ., s Published Twice Weekly L-= F Marathon, Monroe County, Florida '7:1::C71"..,17--L-i7.44r1 coat.. c:::)c::) 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 m J - O I ter} q 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