Item Q02 * 3:00 p.m. Public Hearing
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 9/17/13 - MAR Department: County Attorney
Bulk Item: Yes No X Staff Contact: Christine Limbert-Barrows 292-3470
AGENDA ITEM WORDING: A public hearing to consider approval of an ordinance amending
Sections 2-346 and 2-347 of the Monroe County Code clarifying the definition and exception from
competitive bidding relating to utilities OR, alternatively, amending Section 2-347 to add solid waste
services to the exemptions as outlined in subsection (e)(5).
ITEM BACKGROUND: A public hearing approving Ordinance 006-2012 was held at the Board of
County Commissioner's regularly scheduled meeting on March 21, 2012. Ordinance 006-2012 created
definitions under Section 2-346 and amended the competitive bidding procedures under Section 2-347
to reflect revisions to the Monroe County Purchasing Policy and to clarify the County's competitive
bidding procedures. In amending Section 2-347(e), the exception relating to utilities inadvertently
excluded utilities whose rates are determined and controlled by other governmental authorities.
Additionally in creating Section 2-346, the definition of utility/local telephone services unintentionally
omitted solid waste even though this service has been traditionally treated as a utility and exempt from
competitive bidding. To correct this, staff is presenting a proposed ordinance amending Section 2-346
adding "solid waste" to the definition of Utility/local telephone services AND correcting Section 2-
347(e)(5)(b) by adding the language "other governmental authority" and "as defined in 2-346" to
clarify the utility exemption and conform this section to the definition of Utility/local telephone
services.
As an alternative, staff is also presenting an alternative ordinance for the Board's consideration
creating a new subsection f. which would add "All solid waste services including but not limited to
collection franchise agreements and operations and maintenance agreements." to the exemptions
listed under 2-347(e)(5).
PREVIOUS RELEVANT BOCC ACTION:
3/21/2012 Ordinance 006-2012 was approved.
8/21/2013 Board directed staff to draft proposed changes to Code
9/4/2013 BOCC scheduled public hearing for 3:00 p.m. on 9/17/13 in Marathon, FL
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: Advertising Cost BUDGETED: Yes _ No
COST TO COUNTY: N/A SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM#
OPTION 1.
ORDINANCE - 2013
AN ORDINANCE OF THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS AMENDING SECTION
2-346 AND SECTION 2-347 OF THE MONROE COUNTY
CODE; PROVIDING CLARIFICATION OF EXCEPTIONS
FROM COMPETITIVE BIDDING PROCEDURES
RELATING TO UTILITIES; 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, on August 21, 2013, the Board of County Commissioners (BOCC) was briefed
at its regular meeting on the various solid waste contracts; and
WHEREAS, the BOCC was advised that negotiations relating to the County's solid waste
contracts were on-going and that the potential for new contracts exceeding the current terms had
arose during these negotiations; and
WHEREAS, on March 21, 2012, the Board of County Commissioners enacted Ordinance
No. 006-2012, which revised the competitive bidding procedures to provide definitions and
clarification relating to the competitive bidding procedures; and
WHEREAS, in clarifying the exemptions to the competitive bidding procedure, Ordinance
No. 006-2012 created section 2-347(e)(5) to provide further clarification of services exempt
from the competitive bidding requirement and, in doing so, had the unintended consequence of
excluding solid waste as a service that could be exempt from the competitive bidding procedures;
and
WHEREAS, the County has historically treated solid waste franchise agreements as a
service that may be exempt from competitive bidding, as demonstrated by the existing solid
waste franchise agreements; and
WHEREAS, Section 2-347(e)(5)(b) does not conform to the definition of utility/local
telephone services as defined in 2-346 since it excluded"or other governmental authority'; and
WHEREAS, while the exemptions as set forth in Section 2-347(e)(5) are not required to
following the competitive bidding procedures, the Board has the authority to still require
competitive bidding when it finds that it is in the best interest of the County to do so; and
WHEREAS, in order to rectify the Code and again restore discretion to the Board on
whether competitive bidding is required for solid waste services;
1
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,FLORIDA:
SECTION 1: Section 2-346 utility/local telephone services shall be amended to read as
follows:
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, solid waste, wastewater, telephone,
telecommunications, and cable television services.
SECTION 2: Section 2-347(e)(5) shall be amended to read as follows:
(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 or other governmental authority including but not
limited to utility/local telephone services as defined in 2-346;
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.
2.
SECTION 3: 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 4: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict.
SECTION 5: INCLUSION IN CODE OF ORDINANCES. The provisions of this
ordinance shall be included and incorporated in the Code of Ordinances of the County of
Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to
conform to the uniform numbering system of the Code.
SECTION 6: TRANSMITTAL AND EFFECTIVE 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 day of 92013.
Mayor George Neugent
Mayor Pro Tem Heather Carruthers
Commissioner Danny Kolhage
Commissioner David Rice
Commissioner Sylvia Murphy
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: AMY HEAVILIN, Clerk OF MONROE COUNTY,FLORIDA
By By
Deputy Clerk Mayor/Chairperson
MONROE COUNTY ATTORNEY
PPROVED AS TO FORM:
CHRISTINE M. LIMBERT BARROWS
ASSISTAPT COUNTY ATTORNEY
Date
ALTERNATIVE OPTION.
ORDINANCE - 2013
AN ORDINANCE OF THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS AMENDING SECTION
2-347 OF THE MONROE COUNTY CODE; PROVIDING
AN EXCEPTION FROM COMPETITIVE BIDDING
PROCEDURES FOR SOLID WASTE SERVICES;
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, on August 21, 2013, the Board of County Commissioners (BOCC) was briefed
at its regular meeting on the various solid waste contracts; and
WHEREAS, the BOCC was advised that negotiations relating to the County's solid waste
contracts were on-going and that the potential for new contracts exceeding the current terms had
arose during these negotiations; and
WHEREAS, on March 21, 2012, the Board of County Commissioners enacted Ordinance
No. 006-2012, which revised the competitive bidding procedures to provide definitions and
clarification relating to the competitive bidding procedures; and
WHEREAS, in clarifying the exemptions to the competitive bidding procedure, Ordinance
No. 006-2012 created section 2-347(e)(5) to provide further clarification of services exempt
from the competitive bidding requirement and, in doing, so had the unintended consequence of
excluding solid waste as a service that could be exempt from the competitive bidding procedures;
and
WHEREAS, the County has historically treated solid waste franchise agreements as a
service that may be exempt from competitive bidding, as demonstrated by the existing solid
waste franchise agreements; and
WHEREAS, Section 2-347(e)(5)(b) does not conform to the definition of utility/local
telephone services as defined in 2-346 since it excluded "or other governmental authority"; and
WHEREAS, while the exemptions as set forth in Section 2-347(e)(5) are not required to
following the competitive bidding procedures, the Board has the authority to still require
competitive bidding when it finds that it is in the best interest of the County to do so; and
WHEREAS, in order to rectify the Code and again restore discretion to the Board on
whether competitive bidding is required for solid waste services;
ALTERNATIVE OPTION.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1: Section 2-347(e)(5) shall be amended to read as follows:
(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_ or other governmental authority including but not
limited to utility/local telephone services as defined in 2-346;
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.
f. All solid waste services including but not limited to collection
franchise agreements and operations and maintenance agreements
SECTION 2: 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.
2
ALTERNATIVE OPTION.
SECTION 3: 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 4: 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.
SECTION 5: TRANSMITTAL AND EFFECTIVE 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 day of , 2013.
Mayor George Neugent
Mayor Pro Tem Heather Carruthers
Commissioner Danny Kolhage
Commissioner David Rice
Commissioner Sylvia Murphy
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: AMY HEAVILIN, Clerk OF MONROE COUNTY,FLORIDA
By By
Deputy Clerk Mayor/Chairperson
MONROE COUNTY ATTORNEY
PPROVED AS TO FORM:
CHRISTINE M. LIMBERT-BARROWS
ASSIST T COUNTY ATTORNEY
Date
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