Item T1
* 3:00 P.M. Public Hearing *
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:October 21, 2015-MARDivision:County Attorney’s Office
Bulk Item: Yes No XStaff Contact: Chris Ambrosio X3477
AGENDA ITEM WORDING:
A Public Hearing to consider an ordinance rewritingMonroe County
Code (MCC)Section 2-347(i) to reconcile the section with County Purchasing Policy Chapter 3, Part
5,incorporate certain statutory requirements,and provide clarifying terms and procedures for good
faith bid security deposit procedure,forfeiture,and returninthe competitive solicitation process for
procurement of construction projects and water system or sewer improvements.
ITEM BACKGROUND:
The current MCC §2-347(i) doesn’t account for various forms of good faith
bid security that may be utilized by a bidder to a competitive solicitation for construction projects and
water system or sewer improvementsas requiredby §153.10(3) and (4)and §255.051, Florida Statutes.
The current MCC §2-347(i) also lackssufficient explanation and instruction on all phases of the bid
securitydepositprocedure, process, forfeiture, and return.As to bid security, the MCC and Purchasing
Policy are inconsistentand need to be reconciled. (Revisionsto the Purchasing Policy are the subject of
a separate AIS).The proposed rewriteofMCC §2-347(i) establishesstatutory compliance, reconciles
with County Purchasing Policy,and explicatesthe bid security deposit proceduresas usedin the
competitive solicitationsprocess forprocurement ofconstruction projects and water system or sewer
improvements.
PREVIOUS RELEVANT BOCC ACTION:
3/21/12 Approval of §2-347 of the MCC regarding competitive bidding procedures.
9/21/12 Approval of revisions to the County Purchasing Policy Manual to reflect changes made to §2-
347 of the MCC.
9/16/15 BOCC approved advertising a Public Hearing for Oct. 21, 2015 at 3:00 p.m. in Marathon, FL
CONTRACT/AGREEMENT CHANGES:
The proposed rewrittensection 2-347(i), including
subparts (1),(2),(3), and (4), of the Monroe County Code of Ordinances is attached.
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST:INDIRECT COST: BUDGETED:
N/A N/AN/A
DIFFERENTIALOF LOCAL PREFERENCE:
N/A
COST TO COUNTY:SOURCE OF FUNDS:
N/AN/A
REVENUE PRODUCING:AMOUNT PER MONTHYear ____
Yes No
APPROVED BY:
County Atty XOMB/Purchasing Risk Management ____
DOCUMENTATION:
Included XNot Required____
DISPOSITION:AGENDA ITEM #
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERNOctober 21,2015at
that on
3:00 P.M., or as soon thereafter as may be heard, in the Commission Chambers located in the
Marathon Government Center, 2798 Overseas Highway, Marathon, 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 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.
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decidesto appeal
anydecision 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”.
th
Dated at Key West, Florida, this 16day of September, 2015.
AMY HEAVILIN, Clerk of the Circuit Court
(SEAL)and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
Publication dates:
KW Citizen(Wed)9/23/15
Keynoter(Wed)9/23/15
Reporter(Fr) 9/25/15