Ordinance 020-2015ORDINANCE 02x2015
AN ORDINANCE OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING SECTION 2- 347(i) OF
THE MONROE COUNTY CODE OF ORDINANCES;
PROVIDING STATUTORY COMPLIANCE WITH
PERMISSIBLE FORMS OF BID SECURITY FOR
COMPETITIVE SOLICITATIONS FOR CONSTRUCTION
PROJECTS AND WATER SYSTEM OR SEWER
IMPROVEMENTS AND TO EXPLICATE THE BID SECURITY
PROCEDURE, PROCESS, FORFEITURE, AND RETURN; AND
RECONCILING SECTION 2- 347(i) WITH COUNTY
PURCHASING POLICY CHAPTER 5, PART 3; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Monroe County utilizes a competitive solicitation process for procurement of
goods and services of $50,000.00 and over under the authority of Florida Statutes, Monroe County Code
of Ordinances (MCC) §2 -347 "Competitive bidding procedures "; Monroe County Purchasing Policy
(County Policy) Chapter 3, and Administrative Instruction #4802.4; and
WHEREAS, pursuant to MCC §2- 347(i) each bid to a competitive solicitation for a construction
project estimated to exceed $200,000.00 must be accompanied by a good faith bid security in an amount
equal to 5% of the competitive solicitation price either in the form of a certified check or in a bond from
a surety company; and
WHEREAS, pursuant to County Policy Chapter 3, Part 5 — "Bid Security Deposit' each
competitive solicitation must be accompanied by a bid security in an amount equal to 5% of the
competitive solicitation price either in the form of a certified check or in a bond from a surety company;
and
WHEREAS, MCC §2- 347(i) and County Policy Chapter 3, Part 5 are inconsistent in that the
Code requires a bid security for competitive solicitations of construction projects only, while County
Policy requires a bid security for each and all competitive solicitations; and
WHEREAS, neither the MCC or County Policy accurately reflect the various permissible forms
of bid securities that are authorized and required to be available to the bid proposers as established in
§153.10(4) and §255.051, Florida Statutes; and
WHEREAS, neither the MCC or County Policy address the bid security requirements set forth
in § 153.10(4), Florida Statutes; and
WHEREAS, §153.10(4), Florida Statutes applies to calls for bids and the requirement and
permissible forms of bid security for competitive solicitations for water system or sewer improvements,
Page 1 of 4
and §255.051, Florida Statutes provides for various forms of permissible good faith bid security deposits
for public bids; and
WHEREAS, neither the MCC or County Policy sufficiently inform of the procedures, forfeiture,
and return of bid securities in the competitive solicitation process for procurement in these
circumstances; and
WHEREAS, MCC §2- 347(i) needs to be corrected and rewritten to achieve uniformity with
County Purchasing Policy, statutory compliance, thoroughness, and to explicate the good faith bid
security procedure, forfeiture, and return in the competitive solicitation process for procurement of
construction projects and water system or sewer improvements; and
WHEREAS, County Policy Chapter 3, Part 5 will be revised and employed accordingly;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1: Section 2- 347(i), including subparts (1),(2),(3), and (4), of the Monroe County Code of
Ordinances is hereby redrafted as follows:
Each bid to a competitive solicitation for a construction project estimated to be $200,000.00 or more
must be accompanied by a good faith bid security in an amount equal to five percent (5 %) of the bid
price by way of a bid bond from a surety insurer authorized to do business in Florida as a surety or any
method permitted in §255.051, Florida Statutes and as amended, pursuant to Monroe County Code
§2- 347(i). If the security is in the form of a check or draft, it shall be made payable to Monroe County
BOCC. The County Administrator or his designee shall have discretion to require a good faith bid
security for construction projects estimated to be less than $200,000.00. A construction project may not
be divided into subparts to avoid the requirement of the bid security.
Each bid to a competitive solicitation for construction of water system improvements or sewer
improvements shall comply with §153.10(3) and (4), Florida Statutes and as amended.
Bid securities may remain in the custody of the County OMB for up to 90 days from the bid opening
date or until forfeited or released. The bid security of the successful bidder shall be returned to the
bidder after (a) the bidder executes the contract (b) delivers a good and sufficient performance bond,
payment bond and required proof of insurance as may be required in the contract documents and (c)
commences performance of the contract. If after the board of county commissioners accepts the bid to a
competitive solicitation the successful bidder refuses or is unable to execute the contract, to provide the
required contract bonds or proof of insurance, or commence performance, then the bid security will be
forfeited to, and become the property of, the county as liquated damages for the county's loss of bargain.
The bid security of unsuccessful bidders may be returned to the bidder when the award of bid is made
and the successful bidder executes the contract, or if all bids have been rejected. Bid securities in the
County's possession for more than 90 days from the bid opening date shall be returned to unsuccessful
bidders.
Page 2 of 4
Bidders may withdraw their bid and request, in writing, an earlier return of their bid security under the
conditions set forth below in subpart (1); however, this action removes the bidder from further
consideration should the lower bidders decline the award or withdraw their bids.
(1) All bids are irrevocable for 90 days from the bid opening date. If a bidder discovers an error in
his bid, he may withdraw the bid and request a refund of the bid security if the bid has not yet been
accepted by the board of county commissioners. The security may be returned only if the bidder can
show, to the satisfaction of the County OMB director, the following equitable factors:
a. The bidder acted in good faith in submitting the bid;
b. In preparing the bid there was an error of such magnitude that enforcement of the bid would
cause a severe hardship upon the bidder; and
C. The error was not a result of gross negligence or willful inattention.
(2) All bids must be sealed and submitted to the purchasing director before the time described in the
published notice for the bid opening. All bids must be opened at the time and place described in the
published notice. Any bid submitted after that time shall not be considered in the competitive selection
process.
(3) In order for a bid to be accepted by the board of county commissioners and a contract awarded,
the bid must be the lowest in price, must conform to the specifications, and have been submitted by a
responsible bidder. For the purposes of this section, the following terms have the following meaning:
a. The term "lowest in price" means the lowest total economic cost to the county
including, but not limited to, the contract price and demands upon county equipment and county
staff time.
b. The term "conform to the specifications" means that there is no substantial variation between the
bid submitted and the county specifications. Slight or immaterial variations from the
specifications do not automatically create a nonconforming bid. However, any variation that
destroys the competitive character of the bidding process, causes or confers a material change
more favorable to one bidder than the others, or furnishes one bidder an advantage or benefit not
enjoyed by the other bidders is a substantial variation and results in a nonconforming bid.
(4) Once the board of county commissioners has determined which bid conforms with subsection
(i)(3) above, the board may vote to accept that bid and authorize the mayor to execute a written contract,
reviewed and approved by the county attorney's office, on behalf of the county. If the initially successful
bidder refuses to execute the contract or, if after the execution, refuses to commence performance, then
the board may vote to accept the bid of the next lowest conforming responsible bidder and so on.
However, the board of county commissioners at all times reserves the right to waive variations from the
specification that do not render a bid nonconforming, to reject all bids, re- advertise for bids, or to
abandon any project, purchase of goods, or request for bids. A contract is not entered into until the board
of county commissioners votes to accept a bid and directs the mayor to execute a contract on behalf of
the county. Regardless of any representations made by any county officer, employee or county
contractor or consultant, and regardless of any funds expended or work performed by the bidder or a
Page 3 of 4
prospective contractor, the county is not liable or obligated to pay the bidder /prospective contractor any
money until the bid has been accepted by the board of county commissioners.
SECTION 2: SEVERABILITY. If any portion of this ordinance is 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 § 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 21st day of oct. , 2015.
Mayor Danny Kolhage Yes
Mayor Pro Tem Heather Carruthers Yes
Commissioner George Neugent Yes
Commissioner David Rice Not Pr esent
Commissioner Sylvia Murphy Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor /Chairperson
MONROE COUNTY ATTORNEY
APPR D AS TO FORM
CHRIS AMBROSIO
ASSISQTANT COUNT)CATTORNEY
Date:
Page 4 of 4
THE REPORTER MONROE COUNTY BOARD
Ad#1981249 OF COUNTY COMMISSION-
ERS AMENDING SECTION 2-
Published Weekly NOTICE OF INTENTION TO 347(i)OF THE MONROE
Monroe County, Florida CONSIDER ADOPTION OF COUNTY CODE OF ORDI-
Tavernier, COUNTY ORDINANCE NANCES; PROVIDING STAT-
UTORY COMPLIANCE WITH
NOTICE IS HEREBY GIVEN PERMISSIBLE FORMS OF
PROOF OF PUBLICATION TO WHOM IT MAY CON- BID SECURITY FOR COM-
CERN that on October 21, PETITIVE SOLICITATIONS
2015 at 3:00 P.M.,or as soon FOR CONSTRUCTION STATE OF FLORIDA PROJ-
thereafter as may be heard, ECTS AND WATER SYSTEM
in the Commission Cham- OR SEWER IMPROVEMENTS
COUNTY OF MONROE bers located in the Marathon AND TO EXPLICATE THE
ned authoritypersonallyGovernment Center, BID SECURITY .PROCE-
Before the undersigned 2798 Overseas Highway, DURE,PROCESS,FORFEI-
appeared RICHARD TAMBORRINO who on Marathon,Monroe County, TURE,AND RETURN;AND
oath, says that he is PUBLISHER of THE Florida, the Board of County RECONCILING SECTION 2-
Commissioners of Monroe 347(i)WITH COUNTY PUR-
REPORTER, a weekly newspaper published in County,Florida,intends to CHASING POLICY CHAPTER
Tavernier, in Monroe County, Florida: that the consider the adoption of the 5,PART 3;PROVIDING FOR
attached copyof advertisement waspublished in following County ordinance: FORREPEAL
SEVERABILITY; PROVIDING
FOR RE OF ALL ORDI-
said newspaper in the issues of: (date(s) of AN ORDINANCE OF THE NANCES INCONSISTENT
HEREWITH;AND PROVID-
publipation) ING FOR AN EFFECTIVE
J. %���1 r2?5i /',(i' / 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
Affiant further says that the said THE hearings or meetings,he will
REPORTER is a newspaper published at need a record of the proceed-
Tavernier, in said Monroe Count , Florida, and post and that,for such ns
Y pose,he may need to ensure
that the said newspaper has heretofore been that a verbatim record of the
continuously published in said Monroe County, proceedings is made,which
mony
Florida, each week (on Friday) and has been record includes the whitestch the
and evidence upon which the
entered as a second class mail matter at the appeal is to be based.
post office in Tavernier, in Monroe County, ADA ASSISTANCE:If you
Florida, for a period of one year next preceding are a person with a disability
the first publication of the attached copy of who needs special accom-
advertisement. The affiant further says that he accom-
modation thisin proceedinng,
has neither paid nor promised any person, firm, please contact the County
Administrator's Office,by
or corporation any discount, rebate, commission phoning(305)292-4441,
or refund for the purpose of securing this between the hours of 8:30
advertisement for publication in the said a.m.-5:00 p.m.,no later than
five(5)calendar days prior
newspaper(s) and that The THE REPORTER is to the scheduled meeting;
in full compliance with Chapter 50 of the Florida if you are hearing or voice
State Statutes on Legal and Official impaired,call"711 .
Adverbs ts. .7Dated at Key West,Florida,
this 16th day of September,
/ ..,,, . 2015.
AMY HEAVILIN,Clerk of the
Circuit Court and ex officio
Richard Tam orrino, Publisher Clerk of the Board of County
Commissioners of Monroe
Sworn to and subscribed before me this County,Florida
4Published September 25,2015
.725 Day ofM---/7-2/e1/, 2015 The Reporter
Tavernier,FL 33070
C��Notary c
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Nt.)I ILE lit- IN I tN I!UN I
CONSIDER ADOPTION OF
COUNTY ORDINANCE
• •NOTICE_.IS HEREBY GIVEN
.TO WHOM IT MAY CONCERN
that on October 21,2015 at
3th00ereafter
after oras as soon j7EN STATE OF FLORIDA
thereafter as may be heard,in
the Co in on Chambers COUNTY OF MONROE
located in the Marathon :paper,Eat.1876
Government Center,2798 ns, LLC
Overseas Highway,Marathon,
Monroe County,Florida,the Before the undersigned authoritypersonallyappeared TommyTodd, who on
Board of County g PP
Commissioners of Monroe oath says that he is Advertising Director of the Key West Citizen, a daily
County. Florida, intends to
consider the adoption of the 77 newspaper published in Key West, in Monroe County, Florida; that the
following County ordinance attached copy of advertisement, being a legal notice in the matter of
AN ORDINANCE OFTHE 25
A \O
MONROE COUNTY BOARD om /` J b ,Ce (`/1
OF COUNTY - !V � P
COMMISSIONERS i
AMENDING SECTION 2-347(i)
OF THE MONROE COUNTY 012-()),AA)c./e..- Api Q,N� Sec _ ��j ! ,C )
CODE OF ORDINANCES;
PROVIDING STATUTORY
COMPLIANCE WITH waspublished in said newspaper in the issues
PERMISSIBLE FORMS OF issue(s) of
BID SECURITY FOR
COMPETITIVE SOLICITATIONS FOR 5e1 e,/►1 C-'er - 23, 2 v/,
l
CONSTRUCTION PROJECTS
AND WATER SYSTEM OR
SEWER IMPROVEMENTS Affiant further says that the Key West Citizen is a newspaper published in
AND TO EXPLICATE THE BID
SECURITY PROCEDURE, Key West, in said Monroe County, Florida and that the said newspaper has
PROCESS,FORFEITURE, heretofore been continuously published in said Monroe County, Florida every
AND RETURN;AND
RECONCILING SECTION 2- day, and has been entered as second-class mail matter at the post office in Key
347(iURC AS NWITHPOLICOUNTYCY
West, in said Monroe County, Florida, for aperiod of 1 year ecedin
PURCHASING POLICY �'> y g
CHAPTER 5,PART 3; the first publication oft ace c of advertise ; and affiant her
PROVIDING FOR
SEVERABILITY; PROVIDING says that he has ne er paid nor promise y pe n, firm or corporatio any
FOR REPEAL OF ALL discount, rebat commission or refund the purpose of securin this
ORDINANCES p
INCONSISTENT HEREWITH; advertisemen for publication in the said n paper.
AND PROVIDING FOR AN
EFFECTIVE DATE.
Pursuant to Section
286.0105, Florida Statutes, Signature of Affiant
notice is given that if a person g
decides to appeal any decision
made by the Board with respect
to any matter considered at
such hearings or meetings, he Sworn and subscribed before me this 23 day of September, 2015
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 Notary Public: •y DAWN KAWZINSKY
record includes the testimony NOTARY PUBLIC
and evidence upon which the• :•u, ?STATE OF FLORIDA
appeal is to be based. tl Comm#EE157233
ADA ASSISTANCE: If you w • w.,- .
are a person with a disability "tE 191% Expires 1/4/2016
who needs special
accommodations in order to
participate in this proceeding, Dawn Kawzinsky
please contact the County
Administrator's Office,by Expires: 1/4/1 6 Notary Seal
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 Personally Known x Produced Identification
hearing or voice impaired,cat Type of Identification Produced
"711".
Dated at Key West, Florida,this
16th day of September,2015.
AMY HEAVILIN,
Clerk of the Circuit Court
and ex officio Clerk of the Board
of County Commissioners of
Monroe County, Florida
September 23.2015
NU I I(;t Ur IN I tN I IUry i V
CONSIDER ADOPTION OF
COUNTY ORDINANCE
•NOTICL IS HEREBY GIVEN
TO WHOM IT MAY CONCERN
that on October 21, 2015 at
3:00 P.M., or as soon KEY ®WEST
thereafter as may be heard, in���T
the Commission Chambers ll��
located in the Marathon spaper, Est. 1876
Government Center, 2798 ns, LLC
Overseas Highway, Marathon,
L - b �, (_ e- C� L
N _)wwC_f_ - hmc/u,) SIC
Monroe County, Flonda, the Before the under authority personal ap Tommy Todd, who on
Board of County $ tY p Y pp Y
Commissioners of Monroe oath says that he is Advertising Director of the Key West Citizen, a daily
County, Florida, intends to
consider the adoption of the 77 newspaper published in Key West, in Monroe County, Florida; that the
following Count ordinance attached copy of advertisement, being a legal notice in the matter of
AN ORDINANCE OF THE 25
MONROE COUNTY BOARD Of11
OF COUNTY
COMMISSIONERS
AMENDING SECTION 2- 347(i)
OF THE MONROE COUNTY
CODE OF ORDINANCES;
PROVIDING STATUTORY
COMPLIANCE WITH
PERMISSIBLE FORMS OF
BID SECURITY FOR
COMPETITIVE
SOLICITATIONS FOR
CONSTRUCTION PROJECTS
AND WATER SYSTEM OR
SEWERIMPROVEMENTS
AND TO EXPLICATE THE BID
SECURITY PROCEDURE,
PROCESS, FORFEITURE,
AND RETURN; AND
RECONCILING SECTION 2-
347(i) WITH COUNTY
PURCHASING POLICY
CHAPTER 5, PART 3;
PROVIDING FOR
SEVERABILITY; PROVIDING
FOR REPEAL OF ALL
ORDINANCES
INCONSISTENT HEREWITH;
AND PROVIDING FOR AN
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 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
16th day of September, 2015.
AMY HEAVILIN,
Clerk of the Circuit Court
and ex officio Clerk of the Board
of County Commissioners of
Monroe County, Florida
September 23, 2015
was published in said newspaper in the issue(s) 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 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 •eceding
the first publication of c e c of advertise ;and 'ant her
says that he has ne• er paid nor promise y pe n, firm or corporatio any
discount, rebat , commission or refund the purpose of securin this
advertisemen for publication in the said n paper.
Signature of
Sworn and subscribed before me this 23 day of September, 2015
Notary Public:
STATE OF FLORIDA
COUNTY OF MONROE
y DAWN KAWZINSKY
NOTARY PUBLIC
STATE OF FLORIDA
i�uvl,� 2 Comm# EE157233
• �MCE 19� Expires 1/4/2016
Dawn Kawzinsky
Expires: 1/4/16
Notary Seal
Personally Known x Produced Identification
Type of Identification Produced
w
FLORIDA DEPARTMENT O STATE
RICK SCOTT
Governor
November 5, 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. 020 -2015, which was filed in this office on November 4,
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