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Ordinance 035-2013ORDINANCE NO. 035 - 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; 1 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 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. HEAVILIN, Clerk Not Pr esent Yes Yes No Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA B Mayor /Chairperson 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 17th day of Sept. , 2013. Mayor George Neugent Mayor Pro Tem Heather Carruthers Commissioner Danny Kolhage Commissioner David Rice r�nmissioner Sylvia Murphy MONROE COUNTY ATTORNEY - APPROV9D AS TO FORM: CHRISTINE M. I_IP:'BERT- BARROWS ASSISTAN CO NTY ATTORNEY Date I 3 CD � LL- r � C. LL- L C3 U ', C W CD _t eti t L- C= Mayor George Neugent Mayor Pro Tem Heather Carruthers Commissioner Danny Kolhage Commissioner David Rice r�nmissioner Sylvia Murphy MONROE COUNTY ATTORNEY - APPROV9D AS TO FORM: CHRISTINE M. I_IP:'BERT- BARROWS ASSISTAN CO NTY ATTORNEY Date I 3 Ad#652089 that a verbatim record of the . THE REPORTER proceedings is made,which NOTICE OF INTENTION TO record includes the testimony P.O. Box 1197,Tavernier, Fl 33070 • CONSIDER ADOPTION OF and evidence upon which the COUNTY ORDINANCE appeal is to be based. 92655 Overseas Hwy, Tavernier Fl 33070 you are a p ADA ASSISTANCE: If Phone 305- 852-3216,Fax 305- 852-0199 NOTICE IS HEREBY GIVEN person with TO WHOM IT MAY CON- a If you li ty CERN that on September 17, who needs special accom- 2013 at 3:00 P.M.,or as soon modations in order to partici- PROOF OF PUBLICATION thereafter as may be heard, pate in this proceeding, at the Marathon Government please contact the County Center,2798 Overseas Administrator's Office,by Highway,Mile Marker 50, phoning(305)292-4441, STATE OF FLORIDA Marathon,Monroe County, between the hours of 8:30 COUNTY OF MONROE Florida, the Board of County a.m.-5:00 p.m.,no later than Commissioners of Monroe five(5)calendar days prior Before the undersigned authority personally appeared County, Florida,intends to to the scheduled meeting; if WAYNE MARKHAM who on oath, says that he is consider the adoption of the you are hearing or voice PUBLISHER of the THE REPORTER, a weekly following County ordinance: impaired,call"711". newspaper published in Tavernier, in Monroe AN ORDINANCE OF THE Dated at Key West, Florida, MONROE COUNTY BOARD this 26th day of August,2013. County, Florida: that the attached copy of OF COUNTY COMMISSION- advertisement was published in said newspaper in the ERS AMENDING SECTION 2- AMY HEAVILIN,Clerk of the issues of: (date(s) of publication) 346 AND SECTION 2-347 OF Circuit Court and ex officio THE MONROE COUNTY Clerk of the Board of County / CLARIFI- CATION Commissioners of Monroe ,� C�� p ���� CATION OF EXCEPTIONS , County, Florida FROM COMPETITIVE BID- DING PROCEDURES RELAT- Published September 6,2013 ING TO UTILITIES; PROVID- The Reporter ING FOR SEVERABILITY; Tavernier, FL 33070 PROVIDING FOR REPEAL Affiant further says that the said THE REPORTER is OF ALL ORDINANCES IN- CONSISTENT HEREWITH; a newspaper published at Tavernier, in said Monroe PROVIDING FOR INCORPO- County, Florida, and that the said newspaper has RATION INTO THE MONROE • COUNTY CODE OF ORDI- heretofore been continuously published in said NANCES;AND PROVIDING Monroe County, Florida, each week (on Friday) and FOR AN EFFECTIVE DATE. has been entered as a second class mail matter at the -OR- • post office in Tavernier, in Monroe County, Florida, AN ORDINANCE OF THE RECEIVED for a period of one year next preceding the first MONROE COUNTY BOARD publication of the attached copy of advertisement. OF COUNTY COMMISSION- The affiant further says that he has neither paid nor ERS AMENDING SECTION 2- . OCT 11 2013 promised347 anyperson, firm, or corporation anyCO NO THE CODE;MO PRO ROE rP COUNTY PROVIDIN@ discount, rebate, commission or refund for the AN EXCEPTION FROM COM. , MONROE COUNTY ATTORNEY ose of securingthis advertisement for PETITIVE BIDDING PROCE- purP DURES FOR SOLID WASTE publication in the said newspaper(s) and that The SERVICES; PROVIDING FOR THE REPORTER is in full compliance with Chapter SEVERABILITY; PROVIDING 50 of the Florida State Statutes on Lealand Official FOR REPEAL OF ALL NRDI- g NANCES INCONSISTENT Advertisements. HEREWITH; PROVIDING FOR INCORPORATION INTO /1 THE MONROE COUNTY /1-) CODE OF ORDINANCES; AND PROVIDING FOR 4N EFFECTIVE DATE. Wayne Ma am, lisher Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides Sworn to and subscribe before me to appeal any decision made � L , by the Boa d w respect to this 4 Dayof r ,2013 any matter considered at such (SEAL) hearings or meetings, he will need a record of the proceed- ings,and that,for such pur- ��� pose,he may need to ensure 4 al/Z—C-- CONTINUED IN NEXT COLUMN Notary .. 4 * BEVERLY TRAEGER I P l 5 �w ;.: ,a: ;:_ MY COMMISSION# 8,9O14 o fl2 I �' n Jo \lf--F1`-f l ( ' iv' '_ EXPIRES:April 18,2014 v �/ ' ��/ 1 ��' 1!l��w� 'o7 of•hd¢' Bonded Thru Notary Public Underwriters Nib 16414-I- 0 itio3S-60)3 isoc_c_gJi /I3- a NOTICE OF INTENTION TO CONSIDER ADOPTION OF COONTi ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on September 17,2013 at 3:00 is1 STATE OF FLORIDA P.M.,or as soon thereafter as N may be heard,at the Marathon -I COUNTY OF MONROE Government Center,2798 at ISM Overseas Highway,Mile Marker .0 50,Marathon,Monroe County, Florida,the Board of County Before the undersigned authority personally appeared Tommy Todd, who on Commissioners of Monroe County, oath says that he is Advertising Director of the Key West Citizen, a daily Florida, intends to consider the adoption of the following County newspaper published in Key West, in Monroe County, Florida; that the ordinance: attached copy of advertisement, being a legal notice in the matter of AN ORDINANCE OUNTY OF THE NaCC-e- TN q GA VNfd + 0� 1/� eMONROE COUNTY BOARD OF 'IT_ I�"1 � U,1 COUNTY COMMISSIONERS AMENDING SECTION 2-346 COri AND • Zx C ONS '7� �R/I SECTION 2-347 OF THE C �,�(Z � ,(�( � ) C ( np L—ti V°C, CO* MONROE COUNTY CODE; I PROVIDING CLARIFICATION OF was published in said newspaper in the issue(s) of EXCEPTIONS FROM COMPETITIVE BIDDING PROCEDURES RELATING TO � pj e 2 6 0 13 UTILITIES;PROVIDING FOR `- • SEVERABILITY;PROVIDINGFOR REPEAL OF ALL ORDINANCES INCONSISTENT Affiant further says that the Key West Citizen is a newspaper published in HEREWITH;PROVIDING FOR Key West, in said Monroe County, Florida and that the said newspaper has INCORPORATION INTO THE MONROE COUNTY CODE OF heretofore been continuously published in said Monroe County, Florida every ORDINANCES;AND PROVIDING day, and has been entered as second-class mail matter at the post office in Key FOR AN EFFECTIVE DATE. West, in said Monroe County, Florida, for a period of 1 year next preceding -OR- the first publication of the attache. • • of advertise is - ; - - fiant further AN ORDINANCE OF THE says that he has neither pai• .r promised . .-rson, firm or corp. •tion any MONROE COUNTY BOARD OF discount, rebate, co i'ssion or re • or e purpose of sec 4 .ng this COUNTY NES AMENDING SECTt ONIY 347 OF advertisement for pub cation in the s• • newspaper. THE MONROE COUNTY CODE; PROVIDING AN EXCEPTION FROM COMPETITIVE BIDDING PROCEDURES FOR SOLID WASTE SERVICES;PROVIDING FOR SEVERABILITY; Signature of Affiant PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR ORPORATION INTO THE Sworn and subscribed before me this Cot o day of ,S /h�'ey 2013 MONROE COUNTY CODE OF ORDINANCES;AND PROVIDING FOR AN EFFECTIVE DATE. DAWN KAWZINSK Notary Public: � NOTARY PUBLIC Pursuant to Section 286.0105, -+STATE OF FLORIDA Florida Statutes, notice is given , that if a person decides to appeal • �+� Comm#EE157233 any decision made by the Board 1 /'rCE 19' Expires 1/4/2016 with respect to any matter considered at such hearings or meetings,he will need a record of the proceedings,and that,for Dawn Kawzinsky such purpose,he may need to ensure Expires: 1/4/16 Notary Seal that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal Personally Known x Produced Identification Type of Identification Produced cri liN& Vrti(L4C 7/d5 t vi cc_ krt-i/ 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 five(5)calendar days prior to the scheduled meeting;if you are hearing or voice impaired, call"711". Dated at Key West,Florida,this 26th day of August,2013. AMY HEAVILIN,Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida September 6,2013 Key West Citizen NOTICE OF INTENnON TO CONSIDER ADO pnpN OF rr � NANCE 1 ��� , i3 , NOTICE IS HEREBY GIVEN TO 1q WHOM IT MAY CONCERN that *"wrsT "'�er 17��13 at 3:00 STATE OF FLORIDA Rom°" , e or a soon GovernmaY be hoard at It t" on .., ,.. COUNTY OF MONROE �vemment Center,2796 :mess, Highway,Mile Marker LC Florida,tAlahe �n undersignedauthority personally u"t' Commissioners of Monroe Before the appeared TommyTodd, who on Cou Flori a'Intends to oath says that he is Advertising Director of the Key West Citizen, a daily adoption of the ftuo„°0"s'�r the newspaper published in Key West, in Monroe County, Florida; that the ordinance: ing County attached copy of advertisement, being a legal notice in the matter of (+d AN ORDINANCE OFTHE MOCe- � 1'f-GA)t O N U + ( /�Jo/�e NROE COUNTY BOARD OF I NC,� S T 1�1 �" /� COUNTY COMMISSIONERS AMENDING SECTION 2 SECTION 2_347 MONROE COU OFO � ��t� c� aV ' Z)<C . DN ` . c mr� A��Ve- iii0JIAJ PROVIDING CLARIFICATION EXCEPT70NS FROM was published in said newspaper in the issue(s) of PROCEDURES B RELATING TO M \Detz /1UTILITIES;PROVIDING FOR l'. 6 ' o i-�j . SEVERABILITY;PROVIDING 1 FOR REPEAL OF ALL ORDINANCES INCONSISTENT Affiant further says that the Key West Citizen is a newspaper published in HEREWR'H;PROVIDING R FO INCORPORATION INTO FO MONROE COUNTY CODE OF Key West, in said Monroe County, Florida and that the said newspaper has heretofore been continuously published in said Monroe County, Florida every ORDINANCES;AND PROVIDING day, and has been entered as second-class mail matter at the post office in Key FOR AN EFFECTIVE DATE. West, in said Monroe County, Florida, for a period of 1 year next preceding -OR- the first publication of the attache. • • of advertis anent fiant further AN ORDINANCE OFTHE says that he has neither paor promised • •erson, firm or core tion any MONROE COUNTY BOARD COUNTY COMMISSION EROF discount, rebate, co sslon or re • or he purpose of sec ing this AMENDING SECTION 2, OF$ THE MONROE COUNTY CODE; advertisement for pub cation in the s.'d newspa er. PROVIDING AN EXCEPTION FRAM DURES FFOR SOLID G WASTE SERVICES;PROVIDING FOR SEVERABIUTY; Signature of Affiant PROVIDING FOR REPEAL ONCES F INCONSISTENT EREW►TH• PROVIDING FOR INCORPORATION INTO TH OFE Sworn and subscribed before me this day of SCfd&I} L'e?--, 2013 MONROE COUNTY CODE ORDINANCES;AIIJD PROVIDING" FO�AN EFFECTIVE DATE, ���AR DAWN KAWZnv5K ursuant to Notary Public: NOTARY PUBLIC Sion286.OtQ5' ' STATE OF FLORIDP at Sperm' �ie given ;.com ��,. ?Comm#EEt57233 y drnade by the al ���CE 19�0 Expires 1/4i20'I F °sid 11 e►respect atto hearingsr51 c V Inings,he will need a record of Proceedings,and that,for . Dawn Kawzinsky dose,be maY need to ensure Expires: 1/4/16 Notary Seal a verbatim record of the feedings is made,which fd Idea the testimony and rice upon which the al Personally Known x Produced Identification appe based. Type of Identification Produced ASSISTANCE:If you are a n with a disability who tl accommodations in order t-r i (A( `L C 11i+I,(tI C r/0 3 `4C spate in tttls.contact the tyroceading, ietrato a Office,by phonin /` �� C �1 S2-4441,between the - M 8:30 a.m.-5:00 p.m. no --_ ._ _ _ In five(5)calendar days the scheduled meeting: s if hearing or voice KeY West,Florida this ef August,2013. Y HEAVIUN,Clerk of the •ours and ex off cio Clerk the Board of County ty Nnmissioners of Monroe �a -6,2013 2tizen • FI. ORIDA KEYS Commissioners of Monroe Ad#652077 County, Florida,intends to — consider the adoption of the _ L.....: NOTICE OF INTENTION TO following County ordinance: Published Twice Weekly CONSIDER ADOPTION OF COUNTY ORDINANCE AN ORDINANCE OF THE Marathon, Monroe County, Florida MONROE COUNTY BOARD NOTICE IS HEREBY GIVEN OF COUNTY COMMISSION- TO WHOM IT MAY CON- ERS AMENDING SECTION 2- PROOF OF PUBLICATION CERN that on 2 13 at 3 00 P.M., Setember 17, 346 AND SECTION 2-347 or as soon THE MONROE COUNTY OF thereafter as may be heard, CODE; PROVIDING CLARIFI- at the Marathon Government CATION OF EXCEPTIONS STATE OF FLORIDA Center,2798 Overseas FROM COMPETITIVE BID- Highway,Mile Marker 50, DING PROCEDURES RELAT- COUNTY OF MONROE Marathon,Monroe County, ING TO UTILITIES; PROVID- Before the undersigned authority person- Florida, the Board of County ING FOR SEVERABILITY; ROVIDING FOR REPEAL ally appeared WAYNE MARKHAM who on CONTINUED IN NEXT COLUMN OF ALL ORDINANCES IN- CONSISTENT oath, says that he is PUBLISHER of the PROVIDING FOR N OIRPO- FLORIDA KEYS KEYNOTER, a twice RATION INTO THE MONROE COUNTY CODE OF ORDI- weekly newspaper published in Marathon, NANCES;AND PROVIDING in Monroe County, Florida: that the FOR AN EFFECTIVE DATE. attached copy of advertisement was RECEIVED -OR- published in said newspaper in the issues OCTAN ORDINANCt OF THE of: (date(s) of publication) O 1. 1 '2013 MP COUNTY COUNTY BO BS RD jeli ,17�� N- 7/ 0/,_5 ERS AMENDING SECTION 2- 347 OF THE MONROE MONROE COUNTY ATTORNEY COUNTY CODE;PROVIDING AN EXCEPTION FROM COM- PETITIVE EsIDDING PROCE- DURES FOR SOLID WASTE SERVICES; PROVIDING FOR Affiant further says that the said FLORIDA SEVERABILITY; PROVIDING KEYS KEYNOTER is a newspaper published FOR REPEAL OF ALL ORDI- NANCES INCONSISTENT at Marathon, in said Monroe County, HEREWITH; PROVIDING Florida, and that the said newspaper has FOR INCORPORATION INTO THE MONROE COUNTY heretofore been continuously published in CODE OF ORDINANCES; said Monroe County, Florida, twice each AND PROVIDING FOR AN week (on Wednesday and Saturday) and EFFECTIVE DATE. has been entered as a second class mail Pursuant to Section 286.0105,E matter at thepost office in Marathon, in . Florida Statutes,notice is given that if a person decides Monroe County, Florida, for a period of to appeal any decision made by the Board with respect to one year next preceding the first any matter considered at such publication of the attached copy of hearings or meetings,he will need a record of the proceed- advertisement. The affiant further says ings,and that,for such pur- that he has neither paid nor promised any pose, he may need to ensure that a verbatim record of the person, firm, or corporation any discount, proceedings is made,which rebate, commission or refund for the record includes the testimony and evidence upon which the purpose of securing this advertisement for appeal is to be based. publication in the said newspaper(s) and ADA ASSISTANCE:If you that The Florida Keys Keynoter is in full are a person with a disability compliance with Chapter 50 of the Florida who needs special accom- modations in order to partici- State Statutes on Legal and Official pate in this proceeding, please contact the County Advertisements. Administrator's Office,by phoning(305)292-4441, between the hours of 8:30 a.m.-5:00 p.m.,no later than five(5)calendar days prior Sworry�t0 4f d s ribed before me to the scheduled meeting;if this Y •'y f ���i?G?.- 1 , 2013 you calln7 11 or"once (SEAL) Dated at Key West, Florida, this 26th day of August,2013. /i , ---. /UT—C.-- AMY HEAVILIN,Clerk of the :�::Py i " BEVERLY TRAEGER Circuit Court and ex officio , Notary ii: 4% -.AlMY COMMISSION#DO 969749 Clerk of the Board of County 4.), vi-tia_ %.._--4...3;: EXPIRES:April 18,2014 Commissioners of Monroe f 11 WA.: O1I' 1 n %;a,d•' Bonded Thru Notary Public Underwriters County,Florida 11 _ �M ��/'� Published September 7,2013 6Y4-0 u3S -a6) V Florida Keys Keynoter OC �i/p,/J� 3 oa FLORIDA DEPARTMENT Of STATE RICK SCOTT Governor October 11, 2013 Honorable Amy Heavilin Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Vitia Fernandez, Deputy Clerk Dear Ms. Heavilin: KEN DETZNER Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Monroe County Ordinance No. 035 -2013, which was filed in this office on October 11, 2013. Sincerely, Liz Cloud Program Administrator LC /elr R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250 Telephone: (850) 245 -6270 • Facsimile: (850) 488 -9879 www.dos.state.tl.us