Ordinance 004-1999
County Attorney
ORDINANCE NO. 004 -1999
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AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF M&R~
COUNTY, FLORIDA PROVIDING FOR A PROCEDURE AND CilER~
GOVERNING CHANGE ORDERS TO CONTRACTS FOR THE CONSTRUCTIWQF
CAPITAL IMPROVEMENTS; PROVIDING FOR SEVERABILITY; PROVIDINcg~
THE REPEAL OF ORDINANCES INCONSISTENT HEREWITH; PROVIDINc2f"'~
INCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR AN EFFEG:1'lV;;.
DATE ' "'" C>
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BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
Section 1.)
This ordinanc~ applies to all change orders to contracts for the
construction of capital improvements, regardless of whether the change order is subject to
approval by the County Administrator pursuant to Sec. 2-1 (b), M.C.C., or approval by the Board
of County Commissioners. A purchase order may not be used to circumvent the requirements of
this Ordinance.
Section 2.1
A proposed contract for capital improvements may not be presented to
the Board for approval containing a provision with such elasticity that it allows for change orders
that could alter the contract's scope of work as initially approved. As an example (and not by
way of limitation), a contract for the construction of a children's playground should not contain
within it a change order provision of sufficient elasticity that it would allow for the construction of
a softball field.
Section 3.1
All change orders must contain the following information:
a.)
the project for which the change order is sought;
b.)
the specific item(s) for which the change order is sought;
c.)
the price of the change order;
d.)
the price of the change order expressed as a percentage of the original
contract price and as a percentage of the contract price after prior change orders.
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Section 4.1 All change orders must be accompanied by the following Information:
a.) a written explanation of why the change order is needed, containing the
following information:
(i) why the items) for which the change order is sought were not
included in the original contract specifications;
(ii) if the item(s) for which the change order is sought were included in
the original specifications, then what event or circumstance compels an increase in the
contract price;
(Hi) if the price of the item(s) for which the change order is sought
exceeds $25,000 or 5% of the contract price, whichever is greater, then why are the items not
the subject of a separate call for bids. By way of example (and not by limitation). evidence of
delay of the project or impairment of project coordination, could be reasons not to call for bids
outside the contract.
b.) if the project architect did not approve the items for which the change
order is sought, then a detailed explanation as to why.
c.) if the change order is intended to correct an error or omission in design
document, a statement whether a claim under the applicable professional liability policy has or
should be made.
Section 5.) If a change order results in a decrease in the contract price (either the
original contract price or the contract after prior change orders). the amount of that decrease
may not be utilized by employees, agents or contractors of the County to fund a subsequent
change order, contract amendment or any other alteration of the original scope of work
without following the procedures set forth in this Ordinance.
Section 6. After the effective date of this Ordinance, no contract for the
construction of a capital improvement may be entered into that is at variance with the
provisions of this Ordinance.
2
Section 7.
The provisions of this Ordinance supersede the provisions of any contrary
resolutions or administrative instructions.
Section 8.
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 9.
All Ordinances or parts of Ordinances in conflict with this Ordinance are
hereby repealed to the extent of said conflict.
Section 10.
The provisions of this Ordinance shall be included and incorporated in the
Code of Ordinances of the County of Monroe, Florida, as an addition to amendment thereto,
and shall be appropriately renumbered to conform to the uniform numbering system of the
Code.
Section 11.
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 that Office.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of said Board held on the 13tldayof
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.TRnnRry
,199'.
.i . :./ \ . Mayor Jack London
~id2\\k'^~:~i ~~~%is~~~~~K~~~~~~~~a~~rvey
'~(~~ ~.";: ..~ Comm~ss~oner Shirley Free~an
j((X':;;'~' ,;. ,/ CommisSioner Mary Kay Reich
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ATTEST: DANNY L. KOLHAGE, CLERK
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yes
yes
yes
yes
By ~ J
De ty C k
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
~~~~
Mayor/Chairman
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nlann!, I. Itolbage
BRANCH.OFFICE
3117 OVERSEAS HIGHWAY
MARAlHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF TIiE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
Febroary 3, 1999
CERTDDW MAIL
RE11JRN RECEIPI' REQUFSTED
Mrs. Liz Cloud
Florida Department of State
Bureau of AdmlnLqratlve Code and Laws
The Elliot Bulldina
401 South Monroe Street
Tallahassee, Fl. 32399-0250
Dear Mrs. Cloud:
Enclosed please rmd a certified copy of Ordinance No. 004-1999, providing for a
procedure and criteria governina change orders to contracts for the constroction of
capital improvements; providing for severability; providing for the repeal of all
Ordinances inconsistent herewith; providina for incorporation into the Monroe County'
Code of Ordinances; and providing an effective date.
This Ordinance was adopted by the Monroe County Board of County
Commissioners at a Regular Meeting, in formal session, on January 13, 1999.
........-...-
Please me for record.
Sincerely,
Danny L. Kolbage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
By: Ruth Ann Jantzen
$qA.J~~
Depu Cler
Enclosure
cc: Mayor Wilhelmina Harvey
Mayor Pro Tern Shirley Freeman
Commi~ioner George Neugent
Commissioner Mary Kay Reich
Commissioner Nora Williams
County Attorney
County Adminiqrator
Public Works Director
Fmance Director
OMB Director
Municipal Code Corporation
File
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DIVISIONS OF FLORIDA DEPARTMENT OF STATE
Office of !he Secretary
Di-'lsion of Administrative Services
Divisioh of Corporations
Division of Cultural Affairs
Division of Elections
Division of Historical Resources
Division of Library and Information Services
Division of Licensing
MEMBER OFTHEFLORIDA CABINET FLORIDA DEPARfMENT OF 5rATE
Katherine HIlI'rla
SecretaIy of State
DMSION OF ELECTIONS
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HISTORIC PRESERVATION BOARDS
Historic Florida Keys Preservation Board
Historic Palm Beach County Preservation Board
Historic Pensacola Preservation Board
Historic St Augustine Preservation Board
Historic Tallahassce Preservation Board
Historic TampaJHillsborough County
Preservation Board
RlNGLlNG MUSEUM OF ART
February 8, 1999
Honorable Danny L. Kolhage
Clerk of the Circuit Court and
ex officio Clerk to the Board of
Monroe County Commissioners
500 Whitehead Street
Key West, Florida 33040
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Attention: Ruth Ann Jantzen, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
your letters dated February 3, 1999 and certified copy of Monroe County Ordinance
Nos. 003-1999 and 004-1999, which were fIled in this office on February 5, 1999.
Sincerely,
Li~e~&
Bureau of Administrative Code
LClvm
BUREAU OF ADMINISTRATIVE CODE
The Elliot Building · 401 South Monroe Street . Tallahassee, Florida 32399-0250 . (850) 488-8427
FAX: (850) 488-7869 . WWW Address: http://www.dos.state.t1.us . E-Mail: election@mail.dos.state.fl.us
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~UN1CIPAL CODE CORPORATION
lu~to.er Service
PO Box 2235
Tallahassee, fl 32316-2135
Supplelent 66
02112/1939
TO:
"so Ruth Ann Jantzen
Deputy Clerk
"onroe County
500 Whitehead Street
Key West f fl 33040
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---- ---"'7'{.--------- --:a------;-~.------ -- ---- ---
We have received the following laterial,
Thank you for your aSSIstance and cooperation.
Ordinance Nos. 003-1999 and 004-1999.
1-800-262-2633 (National) LBJ
Let us put your linut~5 en cOlputer for you,..
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STATE OF FLORIDA
COUNTY OF MONROE
Serving the Florida Keys
P.O. Box 1197 · Tavernier, Florida 33070-1197
(305) 852-3216 Fax: (305) 852-8249 ~ ~
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or~
STATEMENT OF PROOF OF PUBLICATIO~;'~
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Before the undersigned authority personally appeared JACKIE HARDER, who on oath, says that she is
EDITOR of THE REPORTER, a weekly newspaper entitled to publish legal advertising published at
Tavernier, Monroe County, Florida: that the attached copy of advertisement, being a legal ad.
NOTICE OF INTENTION, 12/24 AND 12/31/98.
Affiant further says that the said REPORTER is a newspaper published at Tavernier, in said Monroe County,
Florida, and that the said newspaper has heretofore been continuously published in the said Monroe County,
Florida, each week (on Thursday), and has been entered as second class mail matter at the Post Office in
Tavernier, in said County of Monroe, Florida, for a period of one year next preceding the first publication
of the attached copy of advertisement;
and affiant further says that she has neither paid nor promised any firm, person, or corporation any discount,
rebate, commission or refun for the purpose of securing this said advertisement for publication in the said
newspaper.
TO AND SUBSCRIBED BEFORE ME THIS 15TH DAY OF JANUARY A.D. , 1999
/If)~ F ~
NOTARY PUBLIC
MY COMMISSION EXPIRES:
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DAvl:::E R DOVE
Mil COIMliMlon CC4a1178
~KPlrM Feb. 06, 1888
Bonded ~ ANa
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-
NOTICE OF INTEN-
TION TO CONSIDER
ADOPTION OF
COUNTY ORDINANCE
NOTICE IS
HEREBY GIVEN TO
WHOM IT MAY CON-
CERN that on Wednesday,
January 13, 1999, at 10:00
AM at the Harvey Center -
Truman School, 1200
Truman Avenue, Key
West, 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 BOARD OF COUN-
TY COMMISSIONERS
OF MONROE COUNTY,
FLORIDA PROVIDING
FOR A PROCEDURE
AND CRITERIA GOV-
ERNING CHANGE
ORDERS TO CON-
TRACTS FOR THE
CONSTRUCTION OF
CAPITAL IMPROVE-
MENTS; PROVIDING
FOR SEVERABILITY;
PROVIDING FOR THE
REPEAL OF ORDI-
NANCES INCONSIS-
TENT HEREWITH; PRO-
VIDING FOR INCLU-
SION IN THE CODE OF
ORDINANCES; PRO-
VIDING FOR AN
EFFECTIVE DATE
Pursuant to
Section 286.0105, Florida
Statute., notice is given
that if a ~aeCides to
appeal any decision made
by the Board with respect
to any matter cons idered at
the hearing, he wi II 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.
Copies of the
above-referenced ordi-
nance are available for
review at the various pub-
lic libraries in Monroe
County, Florida.
Dated at Key
West, Florida, this 14th
day of December, J 998.
DANNY L. KOHLAGE
Clerk of the Circuit Cou~
and ex otTicio Clerk of the
Board of County
Commissioners of
Monroe County, Florida
Published: 12/24 &
12/31/Q8
The Reporter
Tavernier, FL
3420 Northside Drive
KElQWEST
IT IZEN
Office 305-294-6641 Fax 30'5-294-0768
Published Daily
Key West, Monroe County, Florida 33040
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally appeared Randy G. Erickson, who on oath says that
he is director of the Advertising Department of the Key West Citizen, a daily newspaper published
at Key West, in Monroe County Florida; that the attached copy of advertisement, being a legal
n ice in the Il}atter of
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 each day (except Saturdays) 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 pu ication in the said
newspaper.
, 1998,
Expires Cd../ I, ;PO;:;r
{
Personally Known Produced Identification
Type of Identification Produced
•
` NOTICE OF INTENTION TO !
CONSIDER ADOPTION OF
COUNTY ORDINANCE
NOTICE IS HFi,AEBY GIVEN TO
WHOM I-T.,MAY CONCERN that
on Weinesday, January.13,
1998, at 10:00 AM'at the Harvey
Center-Truman School, 1200 Tru-
man Avenue, Key West, Monroe
County, Florida, 'the Board of
County Commissioners of Monroe
County, Florida, intends to con-
sider the adoption of the following.
County ordinance:
AN ORDNANCE OF THE BOARD
OF COUNTY COMMISSIONERS
OF MONROE COUNTY,FLOR-
IDA PROVIDING FOR A PROCE.
DURE AND CRITERIA GOVERN-
'ING CHANGE ORDERS TO
CONTRACTS FOR THE CON-
STRUCTION OF CAPITAL IM- '
PROVEMENTS;PROVIDING
FOR SEVERABILITY;PROVID-
INGFORTHE'REPEALOFALL
,ORDINANCES INCONSISTANT
' HEREWITH;PROVIDING FOR
TRHE INCLUSION IN THE CODE,
OF ORDINANCES;AND PRO- `
VIDING FOR AN EFFECTIVE
' DATE. ..
,Pursuant.to Section 286.0105,
Florida Statutes, notice is given ;
thatif a'person.dedides to appeal
any decision made by the Board
i with respect to any matter consid-
ered
at such hearings or meet-
ings,
he will'need a record of the
proceedings, and that, for such
purpose, he may need to ensure
that a verbatim record_of the pro-
ceedings' is made, which record
includes the testimony and evi-
dence upon which the appeal is to
,be based.
Copies of the above-referenced
ordinance are available for review
-at the various.public libraries in.
Monroe County,,Florida.
DATED at Key West, this 14th
i day of December, 1998.
DANNYL.KOLHAGEj
Clerk of the Circuit Court and ex
- officio Clerk of the Board of
County Commissioners of Moni:oe-ti.
County,Florida
• .LDvec.25th, 1998&Jan.1st, 1999:
Office 305-294-6641 Fax 305-294-0768
3420 Northslde Drive
Key West Fl. 33040
Published Daily
Key West, Monroe County, Florida 33040
::r Cl '" ."
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STATE OF FLORIDA ~pS: ~ a
rrl ::x; .-<
COUNTY OF MONROE g~:-- ~ 6
Before the undersigned authority personally appeared Randy G. Erickson, who <!-~h s~ trnR
he is director of the Advertising Department of the Key West Citizen, a daily ne~~r ptl>lisii&i
at Key West, in Monroe County Florida; that the attached copy of advertisemenfnb-C;~ a~gag
~ice in the matter of /I. · L.. !> f'T1 ~' ~
iLIA o(j/loL~~~ - (h()~(l - P)lCi~j'dALU (j UuIE;/d~ ~.41J/U/~
QtA~.R.. ~.-to)..D'
,_ . In the ~. Court, was pu~hed in said newspaper in the issues- of
\ (JlLt\ ) ~--\-{,\. \ ct q~ ~ ~ A(\_ \)f"~ 'l93.9
,
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 each day (except Saturdays) 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 perso~ firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement fo br ation in the said
newspaper.
Expires ~J 1I \~?5
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Type of Identification Produced
Sworn and subscribed before me this ~ay of ,1999,
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NOTICE OF INTENTION TO
' CONSIDER ADOPTIONOF
• , COUNTY ORDINANCE•
NOTICE IS HEREBY GIVEN TO!
WHOM"IT'MAY CONCERN that
on Wednesday, January
1998, at 10:00 AM at the Harvey'1
•
Center-Truman School,1200 Tru
man Avenue, Key.West, Monroe;
County, Florida,' the Board of,
County Commissioners of Monroe
County, Florida, intends to con-
, sider the adoption of the following,
County ordinance:
AN ORDNANCE OF THE BOARD
r OF COUNTY COMMISSIONERS
•
OF MONROE COUNTY,FLOR-
! IDA PROVIDING FOR A PROCE
DU •
ING CHANGE ORDERS TO GOVERN-RE
CONTRACTS FOR THE CON- ,
STRUC—T-ION OF CAPITAL IM- _'
PROVEMENTS;PROVIDING
FOR SEVERABILITY;PROVID-
ING FOR THE REPEAL OF ALL
ORDINANCES INCONSISTANT
HEREWITH;PROVIDING FOR'
TRHE INCLUSION IN THE CODE
' OF ORDINANCES;AND PRO-
VIDING FOR AN EFFECTIVE
Dj Pursuant to Section- 286.0105,
! Fthat
a Satutes, notice is decides to appeal
that if a personthe Board '
'�any decision made by
with respect to any matter consid-
ered at such hearings or meet-
ings, he will need a record of the
proceedings, and that, for such
purpose, he may need to ensure
that.a_verbatim record of the pro-
ceedings is made, whichrecord
deuce up
includes the testimonY and evi-
on which the appeal is to
be based.
Copies of the above-referenced
ordinance are available for review
' at the various public libraries in;
Monroe County,Florida.
DATED at Key edt this 14th
day of December,1998.
DANNY L.KOLHAGE;
• Clerk of the Circuit Court and exd
officio Clerk of the Board of
County Commissioners of Monroe for oe'
County,
Dec.25th,1998&Jan.i st,1999.