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Ordinance 004-2015ORDINANCE NO. 004 - 2015 AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING SECTION 2 -349 OF THE MONROE COUNTY CODE; PROVIDING FOR ADDITIONAL CRITERIA FOR BIDDING PREFERENCE FOR LOCAL BUSINESSES; PROVIDING FOR A REVISED DEFINTION OF LOCAL BUSINESS; 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, currently the Monroe County Board of County Commissioners provides a preference in bidding and request for proposal to local businesses in an effort to encourage local industry, expand employment opportunities, and to increase the County's overall tax base; and WHEREAS, in order to ensure that the legislative intent of the ordinance is being met, staff has recommended that the criteria for local business be revised; and WHEREAS, in an effort to better define a local business and establish criteria for application of the local preference, the ordinance should be amended as follows; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1 : Section 2- 349(b) Definitions Local business shall be amended to read as follows: 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. The physical business address must be registered with the Florida Department of State as its principal place of business for at least one year prior to the notice of request for bids or proposals. 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. Page i of 2 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. SECTION 3: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. SECTION 4: INCLUSION IN CODE OF ORDINANCES. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. SECTION 5: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be filed with the Department of State and shall be effective as provided in section 125.66(2)(b), 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 21" day of January, 2015. Mayor Danny L. Kolhage Yes Mayor Pro Tem Heather Carruthers Yes Commissioner George Neugent Yes Commissioner David Rice Yes commissioner Sylvia J. Murphy Yes V4 HEAVILIN, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By yor /Chairperson ��-- Deputy Clerk P"t 0 IN 1 ASSIST ' rr)F i Date aL Page 2 of 2 LOCAL PREFERENCE FORM A. Vendors claiming a local preference according to Ordinance 023 -2009, as amended by Ordinance No. 004 -2015, must complete this form. Name of Bidder/Responder Date: 1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at least one year prior to the notice of request for bids or proposals? (Please furnish copy.) 2. Does the vendor have 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? (The physical business address must be registered as its principal place of business with the Florida Department of State for at least one year prior to the notice of request for bid or proposal.) List Address: Telephone Number: B. Does the vendor /prime contractor intend to subcontract 50% or more of the goods, services or construction to local businesses meeting the criteria above as to licensing and location? If yes, please provide: 1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at least one year prior to the notice or request for bid or proposal. 2. Subcontractor's physical business address within Monroe County from which the subcontractor operates: (The physical business address must be registered as its principal place of business with the Florida Department of State for at least one year prior to the notice of request for bids or proposals) Tel. Number Address Print Name: Signature and Title of Authorized Signatory for Bidder/Responder STATE OF _ COUNTY OF On this day of 20 , before me, the undersigned notary public, personally appeared , known to me to be the person whose name is subscribed above or who produced as identification, and acknowledged that he /she is the person who executed the above Local Preference Form for the purposes therein contained. My commission expires: Notary Public (Seal) Print Name Rev. BOCC 1/21/15 (M -6) NOTICE OF INTENTION TO CONSIDER AriOPTION OF CC LINTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on January 21, 2015 at 3:00 P.M., or as soon thereafter as may be heard, in the Commission Chambers located in the Harvey Government Center, 1200 Truman Avenue, Key West, Monroe County, Florida, the Board of County Commissioners of Monroe County, Florida, intends to - 777 consider the adoption of the following County ordinance: )25 AN ORDINANCE OF THE COM MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMEND- ; ING SECTION 2 -349 OFTHE MONROE COUNTY CODE; PROVIDING FOR ADDITIONAL CRITERIA FOR BIDDING PREFERENCE FOR LOCAL BUSINESSES; PROVIDING FOR A REVISED DEFINTION OF LOCAL BUSINESS; 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 .S EFFECTIVE DATE. Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides 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 )m 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 18th day of December, 2014. AMY HEAVILIN, Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida December 22, 2014 Key West Citizen M wws aye wr ms, Government STATE OF FLORIDA COUNTY OF MONROE was published in said newspaper in the issue(s) of N Z Z6I Afffant 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 afffant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission e d fort ose of securin this advertisement for public •on in the said newspaper. 1 Affiant Sworn and subscribed before me this day of i, 2014 Notary Public: r DAWN KAWZINSKY NOTARY PUBLIC STATE OF FLORIDA z ` Comm# EE157233 J s �NCe 1 Expires 1/4/2016 Dawn Kawzinsky Expires: 1/4/16 Notary Seal Personally Known x Produced Identification Type of Identification Produced Before the undersigned authority personally appeared Tommy Todd, who on oath says that he is Advertising Director 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 F L O R I D A K E Y S KEYNOTER Published Twice Weekly Marathon, Monroe County, Florida PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared KATHIE BRYAN who on oath, says that she is FINANCE DIRECTOR of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published in Marathon, in Monroe County, Florida: that the attached copy of advertisement was published in said newspaper in the issues of: (date(s) of i oubl •cation) Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper published at Marathon, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in said Monroe County, Florida, twice each week (on Wednesday and Saturday) and has been entered as a second class mail matter at the post office in Marathon, in Monroe County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement. The 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 newspaper(s) and that The Florida Keys Keynoter is in full compliance with Chapter 50 of the Florida State Statutes on Legal and Official Advertisements. Kathie Bryan, Finance rector Publisher's Official Represen ative Sworn to and sub cribed before me this Day o 2014 Notary (SEAL) NY , BEVERLY TRAEGER = _ MY COMMISSION # FF 108704 EXPIRES: April 18, 2018 Bonded Thru Notary Pubic Unde writers Ad# 1475559 NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CON- CERN that on January 21, 2015 at 3 :00 P.M., or as soon thereafter as may be heard, in the Commission Cham- bers located in the Harvey Government Center, 1200 Truman Avenue, Key West, Monroe County, Florida, the Board of County Commission- ers of Monroe County, Florida, intends to consider the adop- tion of the following County ordinance: AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY COMMISSION- ERS AMENDING SECTION 2 -349 OF THE MONROE COUNTY CODE; PROVIDING FOR ADDITIONAL CRITERIA FOR BIDDING PREFERENCE FOR LOCAL BUSINESSES; PROVIDING FOR A REVISED DEFINTION OF LOCAL BUSI- NESS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDI- NANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. are a person with a disability who needs special accom- modations in order to partici- pate 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 18h day of December, 2014. AMY HEAVILIN, Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida Published December 24, 2014 Florida Keys Keynoter Pursuant to Section 286.0105, Florida Statutes, notice is giv- en that if a person decides 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 proceed- ings, and that, for such pur- pose, 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 CONTINUED IN NEXT COLUMN THE REPORTER P.O. Box 1 197, Tavernier, FI 33070 92655 Overseas Hwy, Tavernier Fl 33070 Phone 305- 852 -3216, Fax 305- 852 -0199 PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared KATHIE BRYAN who on oath, says that she is FINANCE DIRECTOR of THE REPORTER, a weekly newspaper published in Tavernier, in Monroe County, Florida: that the attached copy of advertisement was published in said newspaper in the issues of: (date(s) of publication) Affiant further says that the said THE REPORTER is a newspaper published at Tavernier, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in said Monroe County, Florida, each week (on Friday) and has been entered as a second class mail matter at the post office in Tavernier, in Monroe County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement. The 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 newspaper(s) and that THE REPORTER is in full compliance with Chapter 50 of the Florida State Statutes on Legal and Official Advertisements. Kathie Bryan, Fina Director Publisher's Official Representative Sworn to and subscribed before m�e� this Day of 2014 Notary (SEAL) BEVERLY TRAEGER - MY COMMISSION # FF 108704 EXPIRES: April 18, 2018 Bonded Thru Notary Public Underwriters Ad# 1475561 NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CON- CERN that on January 21, 2015 at 3:00 P.M., or as soon thereafter as may be heard, in the Commission Cham- bers located in the Harvey Government Center, 1200 Truman Avenue, Key West, Monroe County, Florida, the Board of County Commission- ers of Monroe County, Florida, intends to consider the adop- tion of the following County ordinance: AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY COMMISSION - ERS AMENDING SECTION 2 -349 OF THE MONROE COUNTY CODE; PROVIDING FOR ADDITIONAL CRITERIA FOR BIDDING PREFERENCE FOR LOCAL BUSINESSES; PROVIDING FOR A REVISED DEFINTION OF LOCAL BUSI- NESS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDI- NANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Pursuant to Section 286.0105, Florida Statutes, notice is giv- en that if a person decides 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 proceed- ings, and that, for such pur- pose, 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 accom- modations in order to partici- pate in this proceeding, please contact the County' Administrator's Office, by phoning (305) 292 -444.. 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 18h day of December, 2014. AMY HEAVILIN, Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida Published December 26, 2014 The Reporter Tavernier, FL 33070 a, - KEN DETZNER Secretary of State February 13, 2015 Honorable Amy Heavilin Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Lindsey Ballard Dear Ms. Heavilin: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Monroe County Ordinance No. 004 -2015, which was filed in this office on February 10, 2015. Sincerely, Ernest L. Reddick Program Administrator ELR/lb 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