Ordinance 015-2015ORDINANCE NO. 015 - 2015
AN ORDINANCE OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING SECTION 2 -347 OF
THE MONROE COUNTY CODE; PROVIDING AN EXEMPTION
FROM THE COMPETITIVE BIDDING PROCEDURES FOR THE
PURCHASE OF CERTAIN INSURANCE OR COVERAGES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
OF ALL ORDINANCES INCONSISTENT HEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, due to the National Flood Insurance Program (NFIP), unavailability of coverage
from Citizen Insurance and other market conditions, the purchase of builder's risk insurance by general
contractors for County projects has become burdensome; and
WHEREAS, the County in order to maintain insurance protection and attain better control of
coverage should acquire builder's risk policies for County projects; and
WHEREAS, it is expected that premiums for larger County projects will exceed $50,000
thereby currently requiring competitive bidding for the purchase of each policy; and
WHEREAS, the insurance agent(s) customarily seek several competitive premium quotes as
part of obtaining such insurance policies in order to obtain the most favorable rates; and
WHEREAS, the cost of insurance is currently included in the overall budget for County projects
and it is expected that by purchasing the builder's risk policies itself the County will pay less then it
currently pays to the contractor for such coverage; and
WHEREAS, risk administration has also found that certain insurance policies, given the
uniqueness of the terms and conditions and/or the details of the policy coverage required by the County,
are extremely limited in the insurance market place thereby rendering the competitive bidding
procedures futile as they regularly result in one response or ultimately respondents are unable to provide
the necessary insurance coverage called for in the solicitation; and
WHEREAS, risk administration is seeking to obtain such insurance policies without having to
competitively bid each such insurance policy; and
WHEREAS, Section 2 -347 Competitive bidding procedures does not provide an exception for
insurance and generally the purchase of insurance is competitively bid, but in order to manage this
change in the market with builder's risk policies and the purchase of other limited insurance policies,
County staff seeks to amend the Code to allow for such an exemption;
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NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1 : Section 2- 347(e)(5) is hereby amended to add the following:
g. All builder's risk insurance policies; or policies which due to the terms and
conditions required by the County are exclusive in the market and thus not
benefitted by the competitive bidding procedures.
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: 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 15th day of July 1 2015.
Mayor Danny Kolhage
Mayor Pro Tem Heather Carruthers
Commissioner George Neugent
Commissioner David Rice
Commissioner Sylvia Murphy
VILIN, Clerk
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor /Chairperson
MONROE C01_!f-; T Y ATTORNEY
[, T' R iti D
Page 2 of 2 A S s3. 3 fas<? N E Y
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VILIN, Clerk
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor /Chairperson
MONROE C01_!f-; T Y ATTORNEY
[, T' R iti D
Page 2 of 2 A S s3. 3 fas<? N E Y
Date
NOTICE OF INTEfTION TO
,..:�..ER
ADOPTION OF COUNTY
ORDINANCE
NOTICE IS HEREBY GIVEN 7y'WEST RECEIVED
WHOM IT MAY CONCERN r E*T STATE OF FLORIDA
that on July 15,2015 at 3:00 [ZEN
l� JUL 8 9 20�5
P.M.,or as soon thereafter as paper,Est.1876 COUNTY OF MONROE
may be heard,in the ns, LLC
Commission Chambers MONROE COUNTY ATTORNEY
located in the Harvey
Government Center, 1200 Before the undersigned authority personally appeared Tommy Todd, who on
Truman Avenue,Key West, oath says that he is Advertising Director of the Key West Citizen, a daily
Monroe County,Florida,the
Board of County '77 newspaper published in Key West, in Monroe County, Florida;that the
Commissioners of Monroe attached copy of advertisement, being a legal notice in the matter of
County. Florida,intends to
consider the adoption of the J25co Y " ,
following County ordinance: corn 6- ce c �N A)-1-- O O
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AN ORDINANCE OF THE /� , f a (� ^� �,/ (� C X
MONROE FC COUNTY 0,W I A ce— ! 1 ine, J C'C. �—J ! 7-- /J I ��/,U L/s /A)0/`'
COMMISSIONERS I
AMENDING SECTION 2-347
OF THE MONROE COUNTY was published in said newspaper in the issue(s)of
CODE;PROVIDING AN
EXEMPTION TI FROM THE ` '�R \ /7 !, I
COMPETITIVE BIDDING V U
PROCEDURES FOR THE
PURCHASE OF CERTAIN
INSURANCE OR
COVERAGES; PROVIDING Affiant further says that the Key West Citizen is a newspaper published in
FOR SEVERABILITY; Key West, in said Monroe County, Florida and that the said newspaper has
PROVIDING FOR REPEAL OF S
ALL ORDINANCES heretofore been continuously published in said Monroe County, Florida every
INCONSISTENT HEREWITH; day, and has been entered as second-cl. . ..'1 matter at the post office in Key
AND PROVIDING FOR AN
EFFECTIVE DATE. ;Es West, in said Monroe County, Florida, for a ,eriod of •-ar . preceding
the first publication of the attached copy of ad ertisement; and . cant further
Pursuant to Section 286.0105, i
Florida Statutes, notice is given says that he has neither paid nor romised any - - on, firm or co I oration any
that if a person decides to
appeal any decision made by discount, rebate, commission r refund for 'he purpose of .ecuring this
the Board with respect to any advertisement for publication i the said ne p:per.
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 %�!��!of Affiant
the proceedings is made,which
record includes the testimony
and evidence upon which the
appeal is to be based.
Sworn and subscribed before me this 7 day of ✓,LC, 2015
ADA ASSISTANCE If you are a
person with a disability who
needs special accommodations uAWN KAWLIN5K r
in order to participate in this om ' ' L Y NOTARY PUBLIC proceeding,please contact the Notary Public: a 4,0 s STATE OF PUBLIC
FLORIDA
County Administrator's Office, y
by phoning(305)292-4441, e,. 2 Comm#EE157233
between the hours of 8:30 a.m.- ��NCE 19�� Expires I/4/201ti
5.00 p.m., no later than five(5) CkA.A 1'\
calendar days prior to the
scheduled meeting;if you are
hearing or voice impaired,call
"711". Dawn Kawzinsky
Expires: 1/4/16 Notary Seal
Dated at Key West, Florida,this
12th day of June,2015.
AMY HEAVILIN, Clerk of the
Circuit Court and ex officio
Clerk of the Board of County Personally Known x Produced Identification
Commissioners of Monroe Type of Identification Produced
County, Florida
June 17,2015
Key West Citizen
t
GQAtaA KEYS Ad#1791382
NOTICE OF INTENTION
KEYNOTERTO CONSIDER ADOPTION
Published Twice Weekly OF COUNTY ORDINANCE
Marathon, Monroe County, Florida NOTICE IS HEREBY GIVEN
TO WHOM IT MAY CON-
CERN that on July 15,2015 at
PROOF OF PUBLICATION 3:00 P.M.,or as soon there-
after as may be heard,in
the Commission Chambers .
located in the Harvey RECEIVED
STATE OF FLORIDA Government Center,1200
COUNTY OF MONROE Truman Avenue,Key West,
Monroe County,Florida, the JUL 13�015
Before the undersigned authority personally Board of County Commission-
appeared RICHARD TAMBORRINO who on ors of Monroe County, Florida,
intends to consider the adop- MONROE COUNTY ATTORNEY
says that he is PUBLISHER of the tion of the following County
FLORIDA KEYS KEYNOTER, a twice weekly ordinance:
newspaper published in Marathon, in Monroe AN ORDINANCE OF THE
County, Florida: that the attached copy of MONROE COUNTY BOARD
advertisement was published in said OF COUNTY COMMISSION-
newspaper in the issues of: (date(s) of 347SOF HEDING MONROE SECTION 2-
publication) COUNTY CODE; PROVIDING
//Of/6 / -5 AN EXEMPTION FROM THE
71'0/ COMPETITIVE BIDDING
PROCEDURES FOR THE
PURCHASE OF CERTAIN IN-
SURANCE OR COVERAGES;
PROVIDING FOR
SEVERABILITY; PROVIDING
FOR REPEAL OF ALL ORDI-
Affiant further says that the said FLORIDA NANCES INCONSISTENT
KEYS KEYNOTER is a newspaper published at HEREWITH;AND PROVID-
Marathon, in said Monroe County, Florida, and ING FOR AN EFFECTIVE
that the said newspaper has heretofore been DATE.
continuously published in said Monroe County, Pursuant to Section 286.0105,
Florida, twice each week (on Wednesday and Florida Statutes,notice is giv-
Saturday) and has been entered as a second en that if a person decides to
appeal any decision made by
class mail matter at the post office in the Board with respect to any
Marathon, in Monroe County, Florida, for a matter considered at such
period of one hearings or meetings,he will
year next preceding the first need a record of the proceed-
publication of the attached copy of ings,and that,for such pur-
advertisement. The affiant further says that pose,he may need to ensure
he has neither paid nor promised any person that a verbatim record of the
proceedings is made,which
firm, or corporation any discount, rebate, record includes the testimony
commission or refund for the purpose of and evidence upon which the
securing this advertisement for publication in appeal is to be based.
the said newspaper(s) and that The Florida ADA ASSISTANCE:If you
Keys Keynoter is in full compliance with are a person with a disability
who needs special accom-
Chapter 50 of the Florida State Statutes on modations in order to partici-
Legal �' _ jpfi icta' Advertisements. pate in this proceeding,
z. please contact the County
ly,_
i
—ram Administrator's Office,by
phoning(305)292-4441,be-
tween the hours of 8:30 a.m.
-5:00 p.m.,no later than five
Ric and Ta borrino, Publish r (5)calendar days prior to
the scheduled meeting; if
you are hearing or voice
Sworn to and subscribed before me this impaired,call"711".
/ Dated at Key West, Florida,
Day oft , 2015 this 12th day of June,2015.
AMY HEAVILIN,Clerk of the
I4-/‘(4Y,1?/( o?'.e-- --2--- --- Circuit Court and ex Coup
Clerk of the Board of County
Commissioners of Monroe
Niotary County, Florida
(SEAL) Published June 17,2015
Florida Keys Keynoter •
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*+ 1 •+= MY COMMISSION#FF 108704
•lap EXPIRES:April 18 2018
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.
' • Ad#1791385
NOTICE OF INTENTION
THE REPORTER TO N
OF COUNITY ORDINANCEDER O
NOTICE IS HEREBY GIVEN
Published Weekly TO WHOM IT MAY CON-
Tavernier, Monroe County, Florida CERN that on July 15,2015 at
3:00 P.M.,or as soon there-
after as may be heard,in RECEIVED
the Commission Chambers
PROOF OF PUBLICATION located in the Harvey
Government Center, 1200
Truman Avenue,Key West, JUL 13 2015
STATE OF FLORIDA Monroe County,Florida, the
OF MONROE Board of County Commission-
COUNTYers of Monroe County, Florida, MONROE COUNTY ATTORNEY
Before the undersigned authority personally intends to consider the adop-
appeared RICHARD TAMBORRINO who on tio a the following County
orddinance:
oath, says that he is PUBLISHER of THE
REPORTER, a weekly newspaper published in AN ORDINANCE OF THE
, Florida: that the MONROE COUNTY BOARD
Tavernier, in Monroe County, OF COUNTY COMMISSION-
attached copy of advertisement was published in ERS AMENDING SECTION 2-
said newspaper in the issues of: (date(s) of 347 OF THE MONROE
1COUNation)
TY CODE;PROVIDING
(, /9/ ,)/ AN EXEMPTION FROM THE
COMPETITIVE BIDDING
PROCEDURES FOR THE
PURCHASE OF CERTAIN IN-
SURANCE OR COVERAGES;
PROVIDING FOR
SEVERABILITY; PROVIDING
FOR REPEAL OF ALL ORDI-
Affiant further says that the said THE NANCES INCONSISTENT
HEREWITH;AND PROVID-
REPORTER is a newspaper published at ING FOR AN EFFECTIVE
Tavernier, in said Monroe County, Florida, and DATE.
that the said newspaper has heretofore been Pursuant to Section 286.0105,
continuously published in said Monroe County, Florida Statutes,notice is giv-
Florida, each week (on Friday) and has been en that if a person decides to
entered as a second class mail matter at the appeal any decision made by
the Board with respect to any
post office in Tavernier. in Monroe County, matter considered at such
Florida, for a period of one year next preceding hearings or meetings,he will
of the attached of need a record of the proceed-
the first
publicationcopyings,and that,for such pur-
advertisement. The affiant further says that he pose,he may need to ensure
has neither paid nor promised any person, firm, that a verbatim record of the
pror corporation anydiscount, rebate, commission record includesc is made,whichm
P record the testimony
or refund for the purpose of securing this and evidence upon which the
advertisement for publication in the said appeal is to be based.
newspaper(s) and that The THE REPORTER is ADA ASSISTANCE:If you
in full compliance with Chapter 50 of the Florida are a person with a disability
State Statutes on Legal and Official who needs special accom-
modations in order to partici-
AdVertISal�y-- tS. - pate in this proceeding,
//' please contact the County
I Administrator's Office,by
i t phoning(305)292-4441,be-
tween the hours of 8:30 a.m.
Richard Tam orrino, Publisher s:oo p.m.,no later than five
(5)calendar days prior to
the scheduled meeting;if
Sworn to and subsc 'bed before me this you are hearing or voice
impaired,call"711".
Day of , 2015 Dated at Key West,Florida,
this 12th day of June,2015.
AMY HEAVILIN,Clerk of the
Clkit Court and eo ou ydP/Ir(:/4- ?/(7 Clerk C
of the Board of Count
Notary y
Commissioners of Monroe
(SEAL) County,Florida
Published June 19,2015
The Reporter
„„ ',,,, ' " Tavernier,FL 33070
A:??'"*. BEVERLY TRAEGER
- . "' `•�- M.Y OOMMISSION#FF 108704
. EXPIRES:A
'%F o,, h,,• Bonded T April c' 2018
hru Notary Public Underwriters
RICK SCOTT
Governor
July 31, 2015
Honorable Amy Heavilin
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Ms. Cheryl Robertson, Executive Aide
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. 015 -2015, which was filed in this office on July 31,
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.fl.us