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Ordinance 023-2009 ORDINANCE NO. 023 - 2009 AN ORDINANCE CREATING MONROE COUNTY CODE SECTION 2-349, CHAYfER 2, ARTICLE VI; PROVIDING FOR BIDDING PREFERENCE FOR LOCAL BUSINESSES; 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 Board of County Commissioners for Monroe County finds that it is in the best interest of the residents and taxpayers of Momoe County to support local businesses in that allowing a local preference in the procurement of goods and services encourages local industry, expands employment opportunities and increase the County's overall tax base; and WHEREAS, local businesses contribute to the economic development and well-being of Monroe County; WHEREAS, local businesses are often at a disadvantage when competing with other non- local businesses in that the cost of doing business is higher in Monroe County than in other areas of the State; and . WHEREAS, the Monroe County Board of County Commissioners can offset the disadvantage suffered by local businesses by enacting a local preference ordinance; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1. LOCAL PREFERENCE IN BIDDING ORDINANCE. Section 2-349, Chapter 2, Article VI, Monroe County Code, is hereby created to read: Sec. 2-349. Local Preference in Biddioe: (a) Leeislative Intent. Monroe County Board of County Commissioners finds that local businesses are often at a disadvantage when competing with other non-local businesses in that. the cost of doing business in Monroe County is higher than other areas of the state and giving local businesses a preference in the procurement of goods and services serves a compelling public purpose for the benefit of the taxpayer and residents of Monroe County as such preference encourages local industry, employment opportunities, and increases the County's overall tax base. Local Pleferencc Dnfl Ord Option 2 5/J 2/09 CUmbertlKMP with editslwithoul markup (b) Definitions. As used in this section, unless otherwise specified, the following words or terms shall have the meanings indicated: ( 1) General services means support services performed by an independent contractor requiring specialized knowledge, experience, or expertise that includes, but is not limited to, pest control, janitorial, laundry, catering, security, lawn maintenance, and maintenance of equipment. (2) Goods includes, but is not limited to, supplies, equipment, materials and printed matter (3) Local business means the vendor has a valid receipt of the business tax paid as issued by Monroe County tax collector at least one year prior to the notice of request for bids or proposals for the business to provide the goods, services or construction to be purchased, and a physical business address located within Momoe County from which the vendor operates or performs business on a day-to-day basis that is a substantial component of the goods or services being offered to Monroe County. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing a physical address. Veodors shall submit a copy of their current receipt of the business tax paid and also affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. (4) Prime contractor means any person who has a contract with the county to provide specific construction services. sales, supplies, materials, professional services, labor andlor equipment. (j) Professional services includes any services where the County is obt8ining advice, instruction, or specialized work from an individual, fum, or corporation specifically qualified in a particular area. Professional services does not include those services procured pursuant to Section 287.055, F.S. (6) Subcontractor means any person providing goods andlor services to a prime contractor for profit, if such goods and/or services are procured or used in fulfillment of the prime contractor's obligations arising from a contract with the county, except persons providing goods to a prime contractor whose contract with the county is for the provision of materials, equipment or supplies. (c) Local Preference: Procedure. Except where othetwise provided by federal or state law or other funding source restrictions, purchases of goods. general services, or professional services under the competitive bidding procedures as set forth in Sec. 2-347 shall give preference to local businesses in the following manner: (1) Preferences in Bidding. In purchasing of, or letting of contract for procurement of, personal property, materials, contractual services, and construction of improvements to real property or existing structures in which pricing is the major consideration, the authorized purchasing authority of Monroe County shall give a preference to local businesses in making such purchase or awarding such contract, as follows: Local Preference Draft Onl Option 2 5/12/00 CLimbertlKMP with edits/without markup 2 (a) Individuals or fIrms which meet all of the criteria for a local business as set forth in this SectiOD9 and when the individuals or firms are a responsive and responsible bidder a local preference shall be given in an amount not to exceed two and one half percent (2 ~ %) of the lowest nonlocal responsive and responsible bidder. (For Notation only: percentage requested by the conu.actor's association). Total bid price shall include the base bid and all alternatives or options to the base bids which are part of the bid and being recommended for award by the appropriate authority. (b) Preference as applied in subcontracting of goods, services or constmction. (1) If the prime contractor subcontracts 50% or more of the goocls9 services or construction to other "local businesses" which meet all of the criteria as set forth in this section. The prime contractor shall be given a preference in an amount not to exceed two and a half percent (2 ~ %) of the lowest nonloca1 responsive and responsible bidder. (2) If the prime contractor does not maintain its 50% minimum subcontracting of "local businesses" which resulted in the award of the contract the penalties of subsection (f) apply. (3) Vendors that meet the criteria for a "local business" as set forth in this section shall be entitled to a two and one half percent (2 Y2 %) preference of the nonlocal responsive and responsible bidder. If the "local business" complies with section (l)(b) regarding subcontracting of goods, services or construction to other "local businesses" it will be entitled to an additional 2 ~ % preference of the lowest nonlocal responsive and responsible bidder. Any preference under this section shall not exceed five percent (5%) of the lowest nonlocal responsive and responsible bidder if all conditions are met. (2) Preferences in request for proposals. In purchasing of, or letting of contracts for procurement of, personal property t materials, contractual services, and construction of improvements to real property or existing structures for which a request for proposals is developed with evaluation criteria, the evaluation criteria may include evaluation factors which recognize a preference for "local businesses" including, but not limited to, response time, experience in complying with or applying local regulations, local references9 employment of local residents, and familiarity with the local market. A local preference may be assigned as follows: (a) Individuals or firms which meet all of the criteria for a local business as set forth in this section, may be given a preference by awarding additional points in the overall scoring system as part of the overall evaluation factors of the selection committee. (b) Based upon analysis of the marketplace for each project, staff shall make a recommendation for or against inclusion of a local preference in the evaluation criteria and set forth the additional points that will be available to "local businesses" as part of the pre-approval agenda item for each request for proposal considered by the Board. . (d) Waiver Provision. The application of local preference to a particular purchase, contract or category of contracts for which the Monroe County Board of County Commissioners is the awarding authority may be Local Preference Draft Old Option 2 5112/09 CLimbert!KMP with edits/without markup 3 waived upon written recommendation of the county administrator and approval of the Monroe County Board of County Commissioners at the time of the award. The application of local preference to a particular purchase, contract, or category of contracts below the award authority of the Monroe County Board of County Commissioners may be waived upon written recommendation of the affected division director and approval of the county administrator. Waiver of the application of the local preference is based upon analysis of the marketplace and in consideration of the special or unique quality of goods, services or professional services sought to be purchased by the County. (e) Notice. Both bid documents and request for proposal documents shall include notice to vendors of the local preference policy. . (t). Penalties. (1) Misrepresentation. A vendor who misrepresents the local preference status of its fIrm in a bid or proposal submitted to the County will lose the privilege to c1aimlocal preference status for a period of up to one year from the date of the award of the contract or upon completion of the contract whichever is greater. The County Administrator, in his discretion, may also recommend that the firm be referred for suspension of eligibility to claim the privilege of local preference. (2) Failure .to maintain local business preference qualifications. Any vendor that does not maintain its local preference st,tus or its 50% mmunum subcontracting of local businesses which resulted in the awarded contract shall be in breach of contract and will be subject to termination of the contract, suspension of payments under the contract, and loss of the local preference status on the contract awarded. (3) Lack of good faith. The contractor or fJIIll may show that it attempted through reasonable and objective means and in good faith to comply with the terms of the contract relating to local businesses but was unable to comply. If the County determines that the contractor or finn did not act in good faith, all amounts paid to the contractor or firm under the county contract intended for expenditure with the local business shall be forfeited and recoverable by the County. In addition, the contract may be rescinded and the County may return all or a portion of the goods received and recover all amounts paid under the contract for the goods which were returned. SECTION 2. SEVERABILITY. Should any provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this Ordinance as whole, or any part thereof, other than the part declared to be invalid. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. SECTION 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. ~&~~DmftOroO~2 51l2J09 CUmbertlKMP with edirslwilhOUl: markup 4 SECTION 4. INCLUSION IN THE CODE OF ORDINANCES. The provIsIons of this Ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the code. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on 10/1/09, provided that this Ordinance shall be filed with the Department of State 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 17 th day of June , 2009. MayorGeorge Neugent Mayor Pro Tern Sylvia Murphy Commissioner Heather Carruthers em.uussioner Mario Di Gennaro '~6~oner Kim Wigington ~ Yes Yes Yes Yes \'.(',,/\} ~;j (SEAL)~~1,.il"'< Attestf~~r' KOLHAGE, Clerk ~/I.~ ... .. .",.,'.,',.",..' <c"j~ B '" ' Depo y Clerk . BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By ~~ L:. n<i.A4.~~ Mayor/Chairperson 0 II') LiJ 0::: c.:.J C) 52 <r:4-= "; . (..) :ce)" ~ W :c -1,,; a::: ex c:; Lr-__ 0:: (") 0 _,_I ~ ..J >- Lou 0 ~ :;~ -.J t ;:~: W ~u~ -J IS ~ C) 0 ;.c ('00.1 Mor,H10E COUNTY ATTORNEY e&.~fl~~AO~D AS TO FORM: . ,~. d:u 10/ Ii O~/.H-8q rt'1f./tJ JJ CHAISTINE M. LIMBERT-BARROWS A$SISTANT ~OUNTY ATTORNEY Oatt . ':1/ / f)q l.ocal Preference Draft Ord Option 2 5/12/09 CLimbertlKMP witb edits/without markup 5 MONROE COUNTY COURTHOUSE 500 WHITEHEAD STREET, SUITE 101 KEY WEST, FLORIDA 33040 TEL. (305) 294-4641 FAX (305) 295-3663 BRANCH OFFICE: MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 BRANCH OFFICE: PLANTATION KEY GOVERNMENT CENTER 88820 OVERSEAS HIGHW A Y PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 CLERK OF THE CIRCUIT COURT MONROE COUNTY www.clerk-of-the-court.com ROTH BUILDING 50 HIGH POINT ROAD PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 853-7440 July 13, 2009 Ms. Liz Cloud, Program Administrator Administrative Code & Weekly R.A. Gray Building 500 S Bronough Street Tallahassee FL 32399-0250 Via Certified Mail 7005 116000003841 2358 Dear Ms. Cloud, Enclosed is a certified copy of Ordinance No. 023-2009 creating Monroe County Code Section 2-349, Chapter 2, Article VI; providing for bidding preference for local businesses; providing for the repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. This Ordinance was originally sent to you on June 29, 2009, with the incorrect effective date of June 17,2009. The enclosed reflects the correct effective date of October 1,2009. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting, held in formal session, on June 17, 2009. Please file for record. Should you have any questions please feel free to contact me at (305) 295-3130. 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: Via E-Mail to the following: Municipal Code Corporatior. Growth Management Counzv Attorney BOCC File o o o o Return Receipt Fee (Endorsement Required) o ...D Restricted Delivery Fee M (Endorsement Required) r=I U1 o Sent To o I"'- 06 Postmark Here N\ '" . 07/1312009 . Complete Items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Program Administrator Administrative Code and Weekly R .A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 ~ '~"1""~ tJZ~ .1.00 COMPLETE THIS SECTION ON DELIVERY A. Signature o Agent o Addressee C. Date of Delivery x B. Rae . D. Is delivery ad ress different from item 1? 0 Yes If YES. enter delivery address below: 0 No 3. Se9'lce Type []' Certlf\8d Mall 0 Express Mall o Registered 0 Return Receipt for Merchandise o Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 7005 1160 0000 3841 2358 = 2. Article Number (fransfer from service label) ...... r'"___ '=lR11 ~Ahruarv 2004 Domestic Return Receipt 102595-02-M-1540 ~~bWE~ FLORIDA DEPARTMENT or STATE .. . CHARLIE CRIST Governor STATE LIBRARY AND ARCHIVES OF FLORIDA KURT S. BROWNING Secretary of State July 16,2009 Honorable Danny L. Kolhage Clerk of Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Pamela G. Hancock, Deputy Clerk Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated July 13, 2009 and certified copy of Monroe County Ordinance No. 023-2009, which was filed in this office on July 15,2009. Sincerely, ~~R 3: 0 o l> %CJ:Z ::;or:;e:: (2~-< r. .: ,"""h' C"') ::10.: :- oo:x C:::::::o '-:"'" ,r.,J r- .:., n :I: :"'--1)> -""1 . C'> rr1 Liz Cloud Program Administrator LC/srd DIRECTOR'S OFFICE R.A. Gray Building. 500 South Bronough Street. Tallahassee, Florida 32399-0250 850.245.6600 . FAX: 850.245.6735 . TDD: 850.922.4085 . http://dlis.dos.state.fl.us COMMUNITY DEVELOPMENT 850.245.6600 . FAX: 850.245.6643 STATE LIBRARY OF FLORIDA 850.245.6600 . FAX: 850.245.6744 STATE ARCHIVES OF FLORIDA RSO.245.6700 . FAX: 850.488.4894 LEGISLATIVE LIBRARY SERVICE 850.488.2812 . FAX: 850.488.9879 RECORDS MANAGEMENT SERVICES 850.245.6750 . FAX: 850.245.6795 ADMINISTRATIVE CODE AND WEEKLY 850.245.6270 . FAX: 850.245.6282 i F: N o !; a ... CiIt - ,."" .. r't\ o .." o :::0 ::0 ,." n 0> :::0 c::D ORDINANCE NO. 023 - 2009 AN ORDINANCE CREATING MONROE COUNTY CODE SECTION 2-349, CHAPTER 2, ARTICLE VI; PROVIDING FOR BIDDING PREFERENCE FOR LOCAL BUSINESSES; 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 Board of County Commissioners for Monroe County finds that it is in the best interest of the residents and taxpayers of Monroe County to support local businesses in that allowing a local preference in the procurement of goods and services encourages local industry, expands employment opportunities and increase the County's overall tax base; and WHEREAS, local businesses contribute to the economic development and well-being of Monroe County; WHEREAS, local businesses are often at a disadvantage when competing with other non- local businesses in that the cost of doing business is higher in Monroe County than in other areas of the State; and WHEREAS, the Monroe County Board of County Commissioners can offset the disadvantage suffered by local businesses by enacting a local preference ordinance; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1. LOCAL PREFERENCE IN BIDDING ORDINANCE. Section 2-349, Chapter 2, Article VI, Monroe County Code, is hereby created to read: Sec. 2-349. Local Preference in Biddine: (a) Lee:islative Intent. Monroe County Board of County Commissioners finds that local businesses are often at a disadvantage when competing with other non-local businesses in that the cost of doing business in Monroe County is higher than other areas of the state and giving local businesses a preference in the procurement of goods and services serves a compelling public purpose for the benefit of the taxpayer and residents of Monroe County as such preference encourages local industry, employment opportunities, and increases the County's overall tax base. '\. Local Preference Draft Ord Option 2 5/12/09 CLimbertlKMP with edits/without -markup (b) Definitions. As used in this section, unless otherwise specified, the following words or terms shall have the meanings indicated: ( 1) General services means support services performed by an independent contractor requiring specialized knowledge, experience, or expertise that includes, but is not limited to, pest control, janitorial, laundry, catering, security, lawn maintenance, and maintenance of equipment. (2) Goods includes, but is not limited to, supplies, equipment, materials and printed matter ( 3) Local business means the vendor has a valid receipt of the business tax paid as issued by Monroe County tax collector at least one year prior to the notice of request for bids or proposals for the business to provide the goods, services or construction to be purchased, and a physical business address located within Monroe County from which the vendor operates or performs business on a day-to-day basis that is a substantial component of the goods or services being offered to Monroe County. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing a physical address. Vendors shall submit a copy of their current receipt of the business tax paid and also affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. (4) Prime contractor means any person who has a contract with the county to provide specific construction services, sales, supplies, materials, professional services, labor and/or equipment. (~) Professional services includes any services where the County is obtaining advice, instruction, or specialized work from an individual, firm, or corporation specifically qualified in a particular area. Professional services does not include those services procured pursuant to Section 287.055, F.S. (6) Subcontractor means any person providing goods and/or services to a prime contractor for profit, if such goods and/or services are procured or used in fulfillment of the prime contractor's obligations arising from a contract with the county, except persons providing goods to a prime contractor whose contract with the county is for the provision of materials, equipment or supplies. (c) Local Preference: Procedure. Except where otherwise provided by federal or state law or other funding source restnctIons, purchases of goods, general services, or professional services under the competitive bidding procedures as set forth in Sec. 2-347 shall give preference to local businesses in the following manner: ( 1 ) Preferences in Bidding. In purchasing of, or letting of contract for procurement of, personal property, materials, contractual services, and construction of improvements to real property or existing structures in which pricing is the major consideration, the authorized purchasing authority of Monroe County shall give a preference to local businesses in making such purchase or awarding such contract, as follows: Local Preference Draft Ord Option 2 5/12/09 CLimbert/KMP with edits/without markup 2 (a) Individuals or firms which meet all of the criteria for a local business as set forth in this section, and when the individuals or firms are a responsive and responsible bidder a local preference shall be given in an amount not to exceed two and one half percent (2 Y2 %) of the lowest nonlocal responsive and responsible bidder. (For Notation only: percentage requested by the contractor's association). Total bid price shall include the base bid and all alternatives or options to the base bids which are part of the bid and being recommended for award by the appropriate authority. (b) Preference as applied in subcontracting of goods, services or construction. (1) If the prime contractor subcontracts 50% or more of the goods, services or construction to other "local businesses" which meet all of the criteria as set forth in this section. The prime contractor shall be given a preference in an amount not to exceed two and a half percent (2 1;2 %) of the lowest nonlocal responsive and responsible bidder. (2) If the prime contractor does not maintain its 50% minimum subcontracting of "local businesses" which resulted in the award of the contract the penalties of subsection (f) apply. (3) Vendors that meet the criteria for a "local business" as set forth in this section shall be entitled to a two and one half percent (2 Y2 %) preference of the nonlocal responsive and responsible bidder. If the "local business" complies with section (l)(b) regarding subcontracting of goods, services or construction to other "local businesses" it will be entitled to an additional 2 Y2 % preference of the lowest nonlocal responsive and responsible bidder. Any preference under this section shall not exceed five percent (5%) of the lowest nonlocal responsive and responsible bidder if all conditions are met. (2) Preferences in request for proposals. In purchasing of, or letting of contracts for procurement of, personal property, materials, contractual services, and construction of improvements to real property or existing structures for which a request for proposals is developed with evaluation criteria, the evaluation criteria may include evaluation factors which recognize a preference for "local businesses" including, but not limited to, response time, experience in complying with or applying local regulations, local references, employment of local residents, and familiarity with the local market. A local preference may be assigned as follows: (a) Individuals or firms which meet all of the criteria for a local business as set forth in this section, may be given a preference by awarding additional points in the overall scoring system as part of the overall evaluation factors of the selection committee. (b) Based upon analysis of the marketplace for each project, staff shall make a recommendation for or against inclusion of a local preference in the evaluation criteria and set forth the additional points that will be available to "local businesses" as part of the pre-approval agenda item for each request for proposal considered by the Board. . (d) Waiver Provision. The application of local preference to a particular purchase, contract or category of contracts for which the Monroe County Board of County Commissioners is the awarding authority may be Local Preference Draft Ord Option 2 5/12/09 CLimbert/KMP with edits/without markup 3 waived upon written recommendation of the county administrator and approval of the Monroe County Board of County Commissioners at the time of the award. The application of local preference to a particular purchase, contract, or category of contracts below the award authority of the Monroe County Board of County Commissioners may be waived upon written recommendation of the affected division director and approval of the county administrator. Waiver of the application of the local preference is based upon analysis of the marketplace and in consideration of the special or unique quality of goods, services or professional services sought to be purchased by the County. (e) Notice. Both bid documents and request for proposal documents shall include notice to vendors of the local preference policy. (t). Penalties. (1) Misrepresentation. A vendor who misrepresents the local preference status of its firm in a bid or proposal submitted to the County will lose the privilege to claim local preference status for a period of up to one year from the date of the award of the contract or upon completion of the contract whichever is greater. The County Administrator, in his discretion, may also recommend that the firm be referred for suspension of eligibility to claim the privilege of local preference. (2) Failure.to maintain local business preference qualifications. Any vendor that does not maintain its local preference status or its 50% mInImum subcontracting of local businesses which resulted in the awarded contract shall be in breach of contract and will be subject to termination of the contract, suspension of payments under the contract, and loss of the local preference status on the contract awarded. (3) Lack of good faith. The contractor or firm may show that it attempted through reasonable and objective means and in good faith to comply with the terms of the contract relating to local businesses but was unable to comply. If the County determines that the contractor or firm did not act in good faith, all amounts paid to the contractor or firm under the county contract intended for expenditure with the local business shall be forfeited and recoverable by the County. In addition, the contract may be rescinded and the County may return all or a portion of the goods received and recover all amounts paid under the contract for the goods which were returned. SECTION 2. SEVERABILITY. Should any provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this Ordinance as whole, or any part thereof, other than the part declared to be invalid. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. SECTION 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. Local Preference Draft Ord Option 2 5/12/09 CLimbert/KMP with edits/without markup 4 SECTION 4. INCLUSION IN THE CODE OF ORDINANCES. The provIsIons of this Ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the code. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on 6/17/09, provided that this Ordinance shall be filed with the Department of State 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 17thdayof June , 2009. Mayor George Neugent Mayor Pro Tem Sylvia Murphy Commissioner Heather Carruthers Commissioner Mario Di Gennaro :'=<;?!pmissioner Kim Wigington !!~:?:ii~~,. }:'~~1:C. KOLHAGE, Clerk ,\;ig.. ..~:.;,~ "......'.....""'.,','.~,..'..~.,',.-..... \', -ri'~ :t::::;:::.:! ,.;7.' /,;' >Q-V'O ,_.' , ,~~ -i, ,. ::,:-'-' "c-:~':-)"J5(;p y Clerk co 0:: o (..) w a::: a:: o ll- e w -J '-'- ~ Yes Yes ~ ~ BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ~~~..1J~,~ By Mayor/Chairperson C) ., ~ :II: Q... 0"\ N ~ I MONROE COUNTY ATTORNEY APPR VED AS TO FORM: w (!) u.. 4: ..-: ">.: :J:: U ;'.- _I~ ., o :::= ='~i x::: (...) 0 CH ISTINE M. LIMBERT-BARROWS ASSISTANT COUNTY ATTORNEY Date (oJ~}l)q ...",,_i :'lC (....,~) . Cr:: .>~~w Z .-1 0:::: Z u -j,t" <( 0 o L Local Preference Draft Ord Option 2 5/12/09 CLimbert/KMP with edits/without markup 5 BRANCH OFFICE: MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHW A Y MARA THON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 BRANCH OFFICE: PLANTATION KEY GOVERNMENT CENTER 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 MONROE COUNTY COURTHOUSE 500 WHITEHEAD STREET, SUITE 101 KEY WEST, FLORIDA 33040 TEL. (305) 294-4641 FAX (305) 295-3663 CLERK OF THE CIRCUIT COURT MONROE COUNTY www.clerk-of-the-court.com ROTH BUILDING 50 HIGH POINT ROAD PLANTATION KEY, FLORIDA 33070 TEL. (305)852-7145 FAX (305) 853-7440 June 29, 2009 Ms. Liz Cloud, Program Administrator Administrative Code & Weekly R.A. Gray Building 500 S Bronough Street Tallahassee FL 32399-0250 Via Certified Mail 7005 116000003841 2143 Dear Ms. Cloud, Enclosed is a certified copy of Ordinance No. 023-2009 regarding preference to local businesses in bidding procedures. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting, held in formal session, on June 17, 2009. Please file for record. Should you have any questions please feel free to contact me at (305) 295-3130. 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: Via E-Mail to the following: Municipal Code Corporation Growth Management County Attorney BOCC File rn .::t" .-=l rtJ For delivery infor tion visit our website at WWW.usps.COffi(fj; ~ :_(-" rn ,~:::r:c t~~ ?%"<~ t ~ if""",,, U. .; (""% [C~ , ~ t:. Cl Cl Cl Return Receipt Fee Cl (Endorsement Required) Cl Restricted Delivery Fee ...n (Endorsement Required) .-=l .-=l Certified Fee r'--:':f~[:.'" ~~/\_c":~;\ / HEt.~ '-', \ \\ )i_\)~~} ) i!S?V .... - ::-- Total Postage & Fees LI1 Cl Sent To I ~ __~~~!~_~_~_~~~_!.~~_~___g9~_~__~___'i~~~~y.__________________m__j Street, Apt. No.; I ~"-'!1JJ~~~Jir.QJ]._9.ygb.--s..t.:t"-~~.t____u(Q_r_4_._Q_,,_).=_Z_O_Q9..1m~ CIty, State,zlP+1allahassee FL 32399-0250 I ENDER: COMPLETE THIS SECTION Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mail piece, or on the front if space permits. Article Addressed to: Ms. Liz Cloud, Program Admins Administrative Code & Weekly R.A. Gray Building 500 S Bronough Street Tallahassee FL 32399-0250 (Ordinance No. 023-2009) , Article Number (Transfer from service label) Form 3811, February 2004 A Signature COMPLETE THIS SECTION ON DELIVERY x B. Received by ( Printed Name) o Agent o Addressee C. Date of Delivery D. Is deli nt from item 1? 0 Yes i If 1 Y.f;S, enter dr~l)C.ltPd~i'tiow: 0 No t!1. \f 1.S :IV .LQ:IU 3. Service Type ~rtified Mail o Registered o Insured Mail o Express Mail o Return Receipt for Merchandise o C.O.D. " T .,.......... <.~. '. ... ,- 7005 1160 0000 3841"2.143 4. Restricted Delivery? (Extra Fee) DYes Domestic Return Receipt 102595-02-M-1540 i CHARLIE CRIST Governor STATE LIBRARY AND ARCHIVES OF FLORIDA KURT S. BROWNING Secretary of State July 7,2009 Honorable Danny L. Kolhage Clerk of Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Pamela G. Hancock, Deputy Clerk Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated June 29, 2009 and certified copy of Monroe County Ordinance No. 023-2009, which was filed in this office on July 6, 2009. Sincerely, ~~ Liz Cloud Program Administrator :I c..,) ... "Tf - r- ,." o ..." 0-10 ~ ::0 ,." n o ::0 o ~ 51 ~ :J: 0 ~ :t> ::.~ ('"") 2: ;~~~~ LCI srd --; ('") :t: ~-j, :-i ):> ~'l C') j- fTI C) DIRECTOR'S OFFICE R.A. Gray Building . 500 South Bronough Street . Tallahassee, Florida 32399-0250 850.245.6600 . FAX: 850.245.6735 . TDD: 850.922.4085 · http://dlis.dos.state.t1.us COMMUNITY DEVELOPMENT 850.245.6600 . FAX: 850.245.6643 ST ATE LIBRARY OF FLORIDA 850.245.6600 . FAX: 850.245.6744 STATE ARCHiVES OF FLORIDA 850.245.6700 . FAX: 850.488.4894 LEGISLATIVE LIBRARY SERVICE 850.488.28] 2 . FAX: 850.488.9879 RECORDS MANAGEMENT SERVICES 850.245.6750 . FAX: 850.245.6795 ADMINISTRATIVE CODE AND WEEKLY 850.245.6270 . FAX: 850.245.6282 Page 1 of2 Pam Hancock From: To: Sent: Subject: <ords@municode.com> <phancock@monroe-clerk.com> Wednesday, July 01, 2009 2:48 PM Acknowledgment of material received This is a computer generated email, please do not reply to this message. Municipal Code Corporation P.O. Box 2235 1700 Capital Circle Sw. (32310) Tallahassee, FL 32316-2235 850-576-3171 Fax: 850-575-8852 info@mql1i(;Q<:1~...c;Qm Monroe County, FL Code of Ordinances - 2008(14298) Supplement 2 Recorded: 4/23/20093:07:24 PM We have received the following material through Hard Copy/Electronic. ! < /TR> ! < TR> Document Adoption Ordinance No. 009-2009 4/15/2009 Ordinance No. 010-2009 4/15/2009 Ordinance No. 011-2009 4/15/2009 Ordinance No. 012-2009 5/20/2009 Ordinance No. 013-2009 5/20/2009 Ordinance No. 015-2009 5/20/2009 Ordinance No. 016-2009 5/20/2009 Ordinance No. 014-2009 5/20/2009 Ordinance No. 023-2009 6/17/2009 ***CJiGkm_h~r~ to see the full list of recorded ordinances for the next supplement. *** Or point your browsers at: http://www.municode.com/disposition/dislist.asp?jobid=1 09682 If you are sending the ordinances in electronic form and printed form, we assume the electronic version of the ordinances reflects the ordinances as adopted. We do not proofread against the printed version of the ordinance if the printed copy is submitted. Please contact us if you have questions. . You can also "GO GREEN" and reduce the number of supplement copies you receive or just get a PDF of the supplement to print your Own coples.ask uS how - emall inf9@_mJd_niGQu9~,GQr' · ~J>~~~e~~~t~~~ng~ri'~~d~7eOth~oPrit~~~r qr1J~We~~~~~hn1~I:, ~~~~~eekIY. For additional information ema i linfQ_@mul,lniGQg_~~_G9m. . We can post newly enacted ordinances in the online Code after each meeting. E-mail us for more information atinf9@mqni.GQuq_~u&9m. 7/1/2009 .. ................ ~nl J I .... ... Cooke Communications, LLC Florida Keys Marsha F. Kirkwood Advertising Coordinator PO Box 1800 Key West FI33041 Office. . . .305-292-7777 Extension....... .x219 Fax. . . . .. .305-295-8025 leaals@kevsnews.com INTERNET PUBLISHING keywest.com keysnews.com f1oridakeys.com key-west.com Web Design Services NEWSPAPERS The Citizen Southernmost Flyer Solares Hill Big Pine Free Press Marathon Free Press Islamorada Free Press Key Largo Free Press MARKETING SERVICES Commercial Printing Citizen Locals Card Direct Mail FLORIDA KEYS OFFICES Printing I Main Facility 3420 Northside Drive Key West, FL 33040-1800 Tel 305-292-7777 Fax 305-294-0768 c itizen[al,kevwest.com Internet Division 33040-3328 Tel 305-292-1880 Fax 305-294-1699 sales@keywest.com Middle Keys Office 6363 Overseas Hwy Marathon, FL (MM 52.5) 33050-3342 Tel 305-743-8766 Fax 305-743-9977 marathon[al,kevsnews. com Upper Keys Office 91731 Overseas Hwy Tavernier, FL 33070 Tel 305-853-7277 Fax 305-853-0556 freepress@f1oridakeys.com STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared Randy G. Erickson, who on oath says that he is Vice-President of Advertising Operations of the Key West Citizen, a daily newspaper published in Key West, in Monroe County, Florida; that the attached copy of advertisement, being a legal notice in the matter of ~up~ 7~~(9:A~ was published in said newspaper in the issue( s) of 7/)a-7 3~ zt)t19 Affiant further says that the Key West Citizen is a newspaper published in Key West, in said Monroe County, Florida and that the said newspaper has heretofore been continuously published in said Monroe County, Florida every day, and has been entered as second-class mail matter at the post office in Key West, in said Monroe County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said l-~ Signature of Affiant Sworn and subscribed before me this ---1-- day of ./ ~ tf7 , 2009 Notary Public: Marsha F. Kirkwood T1M~~ 3: ....... f~':> "'--J ~~5,CJ~ +~' (~:' i~.',"l ::.~: y.,~ 1'1;:0 ". r-,~' ;:1, f-- _ ." (::::;'C.~l'" - 0 ~:~~e~ ~) C) ::c f'"T1 .. .~;-{ l> W ('"") "1'1 CJ .. 0 ;-- Pl W ::.0 en 0 i ~ :!1 r- f'"T1 o Expires: September 15,2013 ,\!'S:J'I.."" l~~''''~\ MARSHA F. KlRKWOoo ~(~.~):j MYCOMM/ss/ONlOO89QJ80 ~~~~ sEXPIRES: September 15, 2013 'P'f.,r,\. onded Thru NotaIy Public Underwriters I Personally Known x Produced Identification Type of Identification Produced PUBLIC NOTICE NOTICE OF INTENTION Tr)CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on June 17, 2009 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 CREATING MONROE COUNTY CODE SECTION 2-349,CHAPTER 2, ARTICLE VI;PROVIDING FOR BIDDING PREFERENCE FOR LOCAL BUSINESSES; 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. Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decided 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 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 ASSISTANCE: If you are a person with a disability who needs special accommodations in order to participate in this proceeding, please contact the County Administrator's Office, by phoning (305) 292-4441, between the hours of 8:30 a.m. - 5:00 p.m., no later than 2 working days prior to the scheduled meeting; if you are hearing or voice impaired, call "711". Dated at Key West, Florida, this 20th day of May,2009. DANNY L.KOLHAGE, Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida May 31,2009 023 •�A. FLORIDA KEYS.... EFFECTIVE DATE. Pursuant to Section Published Twice Weekly - 286.0105,Florida Statutes,notice is given Marathon, Monroe County, Florida that if a person decided to appeal any decision made by the Board with PROOF OF PUBLICATION respect to any matter considered at such hear- ings or meetings,he will need a record of the pro- STATE OF FLORIDA ceedings,and that,for such purpose,he may COUNTY OF MONROE need to ensure that aver- Before the undersigned authority person- batim record of the pro- ceedings is made,which ally appeared WAYNE MARKHAM who on record includes the testi- oath, says that he is PUBLISHER of the mony and evidence upon FLORIDA KEYS KEYNOTER, a twice which the appeal is to be based. weekly newspaper published in Marathon, ADAASSISTANCE- in Monroe County, Florida: that the If you are a personwitha attached copy of advertisement was disability who needs spe- cial accommodations in published in said newspaper in the issues order to participate in this of: (date(s) of publication) proceeding,please con- tact the County Adminis- �� •O trator's Office,by phon- ing w (305enth hours of be- tween the hours of 8:30 a.m.-5:00 p.m.,no later than 2 working days prior to the scheduled meet- ing; ng or Affiant further says that the said FLORIDA No.0012100 oiif impaired,yop are call y voice call KEYS KEYNOTER is a newspaper published NOTICE OF INTENTION 711 . at Marathon, in said Monroe County, TO CONSIDER Dated at Key West, ADOPTION OF Florida,this 20th day of Florida, and that the said newspaper has COUNTY ORDINANCE heretofore been continuously published inNOTIC May,2oos. EREBY said Monroe County, Florida, twice each GIVEN IS WHOM DANNY L.KOLHAGE, GIVEN TO WHOM IT Clerk of the Circuit Court week (on Wednesday and Saturday) and MAY CONCERN that on and exofficioClerkofthe has been entered as a second class mail June as2009 at Board of County P.M.,or as soon there- Commissioners of matter at the post office in Marathon, in after as may be heard, Monroe County,Florida Monroe County, Florida, for a period of at the Marathon Government Center, Publish May 30,2009 one year next preceding the first 2798OverseasHigh- Florida Keys Keynoter publication of the attached copy of way,Mile Marker 50, Marathon,Monroe advertisement. The affiant further says County,Florida,the that he has neither paid nor promised any Board of County Com- missioners of Monroe person, firm, or corporation any discount, County,Florida,intends rebate, commission or refund for the to consider the adoption of the following County purpose of securing this advertisement for ordinance: publication in the said newspaper(s) and AN ORDINANCE that The Florida Keys Keynoter is in full CREATING MONROE compliance with Chapter 50 of the Florida COUNTY CODE State Statutes on Legal and Official C 2 CHH APTEAPTE R 2,,A A RRTICLE Advertisements. VI;PROVIDING FOR BIDDING PREFERENCE FOR ; © o '*'! LOCAL BUSINESSES; -O«} m r— PROVIDING FOR �O r--fs_ L FriSEVERABILITY; .�CD Sworn to an bsc before me PROVIDING FOR THE 1-*1 this / Day f 2009 REPEAL OF ALL t�' r -71 CDORDINANCES (") (SEAL) INCONSISTENT HEREWITH; '—10 r— PROVIDING FOR �t C'7 at INCORPORATIONHO `� -I W CD INTO THE MONROE r • COUNTY CODE OF GO DO ota ry ORDINANCES;AND Cn ci �Q.0er°�g BEVERLY TRAEGER PROVIDING AN __ I'�-I, MY COMMISSION#DIr_i.;j134 .'�`4' !8 EXPIRES:Apr.18,_UIU �� Florida Notary ciric6.0 ,,, The ap orter P.O. Box 1197 • Tavernier. Florida 33070-1197 (305)852-3216 Fax: (305) 852-0199 PROOF OF PUBLICATION PROVVIDINIDIN ES;R AND' PG AN EFFECTIVE DATE. Pursuant to Section STATE OF FLORIDA 286.0105,Florida COUNTY OF MONROE Statutes,notice is given that if a person decided tc appeal any decision Before the undersigned authority personally made by the Board with appeared DAVID GOODHUE who on oath, says respect to any matter considered at such hear- that he is EDITOR of THE REPORTER, a weekly ingsormeetings,hewill n entitled to publish legal advertisingceedngs,and that,of pro- newspaperg ceedings,and that,for published at Tavernier, Monroe County, Florida: such purpose,he may need to ensure that a ver- that the attached copy of advertisement, being batimrecordofthepro- LEGAL NOTICE in said newspaper in the issue ceedings is made,which record includes the testi- Of' mony and evidence upon May 29, 2009 which the appeal is to be based. Affiant further says that THE REPORTER is a ADAASSISTANCE:If you are a person with a newspaper published at Tavernier, in said 110 disability who needs spe- Monroe County, Florida, and that the said cialaccommodationsin newspaper has heretofore been continuously Legal Notices order to participate in this proceeding,please con- published in the said Monroe County, Florida, tact the County phon- eachAdminis- week (on Friday), and has been entered as Ad#0041200 trator's Office,by ing(305)292-4441,be- second class mail matter at the Post Office in NOTICE OF INTENTION tweenthehoursof8:30 TO CONSIDER a.m.-5:00 p.m.,no later Tavernier, in said County of Monroe, Florida, for ADOPTION OF than 2 working days prior a period of one year next preceding the first COUNTY ORDINANCE to the scheduled meet- publication of the attached copy of NOTICE IS HEREBY ing;ifyouarehearingor voice impaired,call advertisement; and affiant further says that she GIVEN TO WHOM IT "711" MAY CONCERN that on has neither paid nor promised any firm, person, June 17,2009 at 3:00 Dated at Key West,Flori- or corporation any discount, rebate, P.M.,orassoonthereaf- da,this20thdayofMay, ter as may be heard,at 2009. commission or refund for the purpose of the Marathon Govern- securing this advertisement for publication in ment Center,2798 Over- DANNY L.KOLHAGE, seas Highway,Mile Clerk of the Circuit Court the said newspaper and that The Reporter is in Marker50,Marathon, and exofficioClerkofthe full compliance with Chapter 50 of the Florida Monroe County,Florida, Board of County the Board of County Commissioners of Mon- State Statutes on I and Official Commissioners of Mon- roe County,Florida Advertisements. roe County,Florida,in- tends to consider the (SEAL) adoption of the following County ordinance: Published 5/29/2009 i The Reporter AN ORDINANCE Tavernier,FL 33070 Sworn to nd scribed before me 29 th dayof CREATING MONROE COUNTY CODE SEC- May, 2009. TION 2-349,CHAPTER 2,ARTICLE VI;PROVID- ING FOR BIDDING \ L--- .'^/4� PREFERENCE FOR n LOCAL BUSINESSES; �/ PROVIDING FOR SEV — N nc.NOtar ERABILITY;PROVID- 6 cm o - r C ING THE REPEAL q n 1 I\ OF ALL ORDINANCES 7j r-Fi:� � � INCONSISTENT HERE+C,r--, WITH;PROVIDING FORT;�U�` -Ti INCORPORATION INT@-:...X1 p THE MONROE C.C--. 70 COUNTY CODE OF ----.$ MARGARET J.WHISENHUNT iltf, MY COMMISSION#00443753 _ 0 WIRES:JUN 22,2009 i __ r, W Banded through 1st State Insuranel ....... __......., . . 1 ... ... Cooke Communications, LLC Florida Keys Marsha F. Kirkwood Advertising Coordinator PO Box 1800 Key West FI33041 Office... .305-292-7777 Extension....... .x219 Fax...... .305-295-8025 leaals@kevsnews.com INTERNET PUBLISHING keywest.com keysnews.com f1oridakeys.com key-west.com Web Design Services NEWSPAPERS The Citizen Southernmost Flyer Solares Hill Big Pine Free Press Marathon Free Press Islamorada Free Press Key Largo Free Press MARKETING SERVICES Commercial Printing Citizen Locals Card Direct Mail FLORIDA KEYS OFFICES Printing I Main Facility 3420 Northside Drive Key West, FL 33040-1800 Tel 305-292-7777 Fax 305-294-0768 c itizen(al,kevwest.com Internet Division 33040-3328 Tel 305-292-1880 Fax 305-294-1699 sales@keywest.com Middle Keys Office 6363 Overseas Hwy Marathon, FL (MM 52.5) 33050-3342 Tel 305-743-8766 Fax 305-743-9977 marathon(a)xevsnews.com Upper Keys Office 91731 Overseas Hwy Tavernier, FL 33070 Tel 305-853-7277 Fax 305-853-0556 freepress@f1oridakeys.com STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared Randy G. Erickson, who on oath says that he is Vice-President of Advertising Operations of the Key West Citizen, a daily newspaper published in Key West, in Monroe County, Florida; that the attached copy of advertisement, being a legal notice in the matter of ~7'f;'5/JV ~(l#<~ ~~~ was published in said newspaper in the issue( s) of fYJay 3// :wt19 Affiant further says that the Key West Citizen is a newspaper published in Key West, in said Monroe County, Florida and that the said newspaper has heretofore been continuously published in said Monroe County, Florida every day, and has been entered as second-class mail matter at the post office in Key West, in said Monroe County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said n~~ Signature of Affiant Sworn and subscribed before me this L day of AM --e--- / , 2009 Notary Public: - '":~.. 0 .~.;? )> ~ :2.?i ~ c::a l\ooO c.. ~ ." r- fTt o " C) .::-:;; ;:~ ::0 . -" ~;5 j::? ." ::0 ;.:~ ~tarGea~ C) .. <:) rr1 c..,) :::0 en c Marsha F. Kirkwood ~~~~ Expires: September 15,2013 ""'';'~'''' UAn~HA F KIRKWOOD ~..~ IIVVW . I.: L"J;;.~ ~~ MY COMMISSION * DO 8a8O ~~.~.1i EXPIRES: September 15, 2013 ~f,iif.~~<l' Bonded Thru Notary Public Underwriters Personally Known x Produced Identification Type of Identification Produced NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on June 17,2009 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 CREATING MONROE COUNTY CODE SECTION 2-349,CHAPTER 2, ARTICLE VI;PROVIDING FOR BIDDING PREFERENCE FOR LOCAL BUSINESSES; 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. Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decided 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 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 ASSISTANCE: If you are a person with a disability who needs special accommodations in order I to participate in this proceeding, please contact the County Administrator's Office, by phoning (305) 292-4441, between the hours of 8:30 a.m. - 5:00 p.m.. no later than 2 working days prior to the scheduled meeting; if you are hearing or voice impaired, call "711". Dated at Key West, Florida, this 20th day of May,2009. DANNY L.KOLHAGE, Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County,Florida May 31,2009 >j