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Item S11 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 21, 2004 Division: County Attorney AGENDA ITEM WORDING: Approval to advertise an ordinance amending Sec. 2-541(i)(1), Monroe County Code, revising the requirement for bid bonds to apply only to construction projects estimated to exceed $150,000. ITEM BACKGROUND: This revision is requested by the Management Services Division due to cost and efficiency factors. PREVIOUS RELEVANT BOCC ACTION: CONTRACT I AGREEMENT CHANGES: STAFF RECOMMENDATIONS: . Approval to advertise for ONE PUBLIC HEARING on May 19, 2004 in Key Largo. TOTAL COST: BUDGETED: Yes No COST TO COUNTY: Revenue Producing: Amount Per Month - Year APPROVED BY: County Atty YES OMB/Purchasing N/A Risk Management N/A DIVISIONDIRECTORAPPROVAL:Q~~ 03 W-t I.~ J. R. COLUNS DOCUMENTATION: Included x To Follow Not Required AGENDA ITEM # Sll Management Services ORDINANCE NO. - 2004 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AMENDING SECTION 2-541(i)(I) MONROE COUNTY CODE, REVISING THE REQUIREMENT FOR BID BONDS TO APPLY ONLY TO CONSTRUCTION PROJECTS ESTIMATED TO EXCEED $150,000; 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 Management Services Division of the County has recommended revision of the threshold for requiring bid bonds due to cost and efficiency factors; now, therefore BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Sec. 2-541(i)(1), Monroe County Code, is hereby amended to read: (i) (1) Each bid for construction projects estimated to exceed $150.000 must be accompanied by a bid security in an amount equal to five (5) 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 Florida. A project may not be divided into sub-parts to avoid the requirement for the bid security. The bid securities will remain in the custody of the OMB director until forfeited or released as provided elsewhere in this subsection. 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 ninety (90) days from the date of bid opening must also be returned. Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 4. 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 numberin"g system of the Code. Section 5. This ordinance shall take effect immediately upon receipt of official notice from the Office of the Secretary of State of the State of Florida that this ordinance has been filed with said Office. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the day of 2004. Mayor Nelson Mayor Pro Tern Rice Commissioner McCoy Commissioner Neugent Commissioner Spehar (SEAL) Attest: DANNY L.KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairperson jordbidbond