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Ordinance 004-1999 County Attorney ORDINANCE NO. 004 -1999 ~ c:::> 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> . t; f'l ~ ..., f'I'\ (XJ , f') -0 ~ s:- .. ~ o 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. -t'1 r= f"l"\ o '"Tt o :;;0 :;;0 fT\ (") o :n o 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 ~.~~~ ............ .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 \."'\ '..:r~.~..2~,.._":: I ~.C</ ATTEST: DANNY L. KOLHAGE, CLERK ypf". yes yes yes yes By ~ J De ty C k BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ~~~~ Mayor/Chairman pord/co,doc 8 3 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 ..'8"1,.., . ~':~li~".j.L.:..:. .:.iJ!;iI. US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for Intern6'iional Mail See reverse Sent to . MUNICIPAL CODE CORPORATIO Street & Number P.O. BOX 2235 Post Office, State, & ZIP Code TALLAHASSEE, FL. $ Z 490 467 311 Postage Certified Fee Spedal Delivery Fee Restricted Delivery Fee I!) ~ Retum Receipt Showing to Whom & Date ' '~ Return Recei <( Date, & Add c;j o TOTALP CO C") E o l.L. 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I'%j Hn Zoen Cj)t:::;It-3 t':!> t-3 ~t':! t:::;I r-< ~ en wen Nt-3 W!;1:l \Ot':! \Ot':! 1t-3 o N \J1 o o o 3 CD en - (';' :IJ CD - c: .., ::J JJ CD S ~. - !Xl ~DDD~Njt' ~Q. 0.0.> a if m :0 en > CDc~JgI1l-P-i3: iil'iil g,3iiliii'S.~O: :,1 o:nll:ti2 CD ~CD_ !e.S~iil-l~Z ",fII <_....o.'<O\C3 6:> ;;;'1i5: ~'-IC'g~~ ~8: -< Q" ~ :::J ijl i ::: ~ 0 0 ~~q N ~~R :JCC! ~S:iil ~ I Dl!l~ ~OOO ~8.lB .Q c.n 0' ![ fII- CD 0",0 -. a.> ; (t5 g! iCD or ~' a. !.c.o a. !IIoC!ijl c.o fII Thank you for using Return Receipt Service. g- iii' CD-- ~gl!!.. iil~~ f~'~. ~ fII "fII';r 111_ S,~ OCD CDo l/ICD a:~' -'g ~CD + +- + 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 ~.$,IC.J'.~ ~'/ ' ,. 't: -.:. ~~. "'l)': "" 'I' ~, ,: ,-' ~.;~ tt/ ~ ~.:' ~ _ 1 \~.'.<< ~,~.,...:-: " ,I ...( .:...' ,\ 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 ~ \0 .." 0 0 -.D z :Po -" r- ::oC")~ ,." f'I1 0,"-. CD C 1"Tl;:ll; ...... ." c")' r- 0 0('"')' :::::0 c::-:::s:: z?Oo -0 :::::0 -4C"). :z f'I1 :<-4:1: - (") . l> - 0 ;!! C> ~. :::::0 l> fTI 0 , 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 '1~:;' , ,":':\':.:i" . .-,.'~ - :., - -- ~..', ':,~~~: t..'.;~,.1':_,;.....:t'...:.ui~__,_,__ ~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 . , Q'.l lit 1111111.111111 I II 1111...11 II 1.111 I 1/ rr III III 1/." III '111 II ---- ---"'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,.. We can index, i~age and convert to database. E-Iail your ordinan(es to ords@lail.lunicode.col Search other codes on our hOlepage at .unicode.col Need addit100al copies of your zoning or charter? We can prInt copies of any section of the Code. Call our Custoler Service Deparhent for costs. CP4 - \~<t ~ 7~ 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 ~ ~ Sn:t: or~ STATEMENT OF PROOF OF PUBLICATIO~;'~ uSPS #905580 ~?OS ~ r'~\ j,~~ a c; . . ~ ... (,,-; -T1 C'> N r- fI'\ \S:) P $ ...., ~ , -r; .r:- c: :;IJ -t1 r== rrt o ) ) ':0' 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: /f.J-~" ""'_1;._ '4..~~' ~A~EE R oo~ .\ _......;~"'t'-- . . . . ., ".. :'0431878 '''99 ~~""v PIJIL ;lfiS * ~;,~.'* .,~ ff p.O.... DAvl:::E R DOVE Mil COIMliMlon CC4a1178 ~KPlrM Feb. 06, 1888 Bonded ~ ANa IlOO-882...,. - 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 '" ." ~ ~ ~ r 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 Personally Known Produced Identification Type of Identification Produced Sworn and subscribed before me this ~ay of ,1999, Q~~g@ ~\\"'" "1/"",1. ~'\~f'J'b\a\ R. 8ril,.'1II~ ~ ,,'1 ....... yo ~ ~ ..:~\SSION ;~.. ~ "" .,,~ 1 '-t;;. '" :: "f:.Jv r:,'il01 1,.a ~.. ~ : ..~ ~ ~~.. ~ ~*~t~S~ar tI':*E % 5 ~. #CC782583 j ?f ~ ~::.:A. .~~ ~~.. ~~ded\\l~~lb.. C5~ ~ :7- A.;~ ,t'a;n.lnSllI'b' ..~ ~~ ~"",,,,/~LIC.ST~~ ~"'~ ""'/i" "I\\\\\\; 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.