Item M6* 3:00 P.M. Public Hearing *
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 21, 2015 Division: County Attorney
Bulk Item: Yes X No _
Department: County Attorney
Staff Contact Person/Phone #: Christine Limbert-Barrows/Ext. 3475
AGENDA ITEM WORDING: A public hearing to approve an ordinance of the Monroe County
Board of County Commissioners amending Monroe County Code Section 2-349 Local Preference in
Bidding; providing for revisions to the local business criteria.
ITEM BACKGROUND: The BOCC adopted Ordinance 023-2009 which allow for a local
preference in competitive bidding when a vendor is a "local business" as defined in Section 2-349(b).
In an effort to better define a "local business" and to establish clear criteria, staff has proposed that the
physical business address located within Monroe County must also 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.
PREVIOUS RELEVANT BOCC ACTION: At March 18, 2009 BOCC meeting, discussion and
direction to staff to draft a local preference ordinance. At the June 17, 2009 meeting the BOCC held a
Public Hearing adopting Ordinance 023-2009.
12/10/2014 BOCC approved public hearing for January 21, 2014 at 3:00 p.m. in Key West, FL
CONTRACT/AGREEMENT CHANGES: Not applicable
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: Advertising Cost INDIRECT COST: BUDGETED: Yes No _
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty _ OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 7/09
ORDINANCE NO. - 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 1 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 day of , 2015.
Mayor Danny L. Kolhage
Mayor Pro Tem Heather Carruthers
Commissioner George Neugent
Commissioner David Rice
Commissioner Sylvia J. Murphy
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: AMY HEAVILIN, Clerk OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk Mayor/Chairperson
Page 2 of 2
LOCAL PREFERENCE FORM
A. Vendors claiming a local preference according to Ordinance 023-2009, as amended by Ordinance
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 eF 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 Aaddress within Monroe County from which the subcontractor
operates:
(The physical business address must be registered as its principal place of business with the Florida
DDp artment of State for at least one year prior to the notice of request for bids or proposals)
Address
Signature and Title of Authorized Signatory for
Bidder/Responder
STATE OF _
COUNTY OF
Tel. Number
Print Name:
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:
(Seal)
Notary Public
Print Name
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY 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 consider the adoption of
the following County ordinance:
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.
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; ifyou are hearing or voice impaired, call "711':
Dated at Key West, Florida, this 18h day of December, 2014.
AMY HEAVIL,IN, Clerk of the Circuit Court
(SEAL) and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
Publication dates:
KW Citizen (Mo) 12/22/2014
Keynoter (Wed) 12/24/2014
Reporter (Fr) 12/26/2014
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 10, 2014
Bulk Item: Yes X No
Division: CoupAttorney
Department: County Attomey
Staff Contact Person/Phone #: Christine Limbert-Barrows/Ext. 3475
AGENDA ITEM WORDING: Approval to advertise a public hearing to approve an ordinance of the
Monroe County Board of County Commissioners amending Monroe County Code Section 2-349 Local
Preference in Bidding; Providing for revisions to the local business criteria.
ITEM BACKGROUND: The BOCC adopted Ordinance 023-2009 which allow for a local
preference in competitive bidding when a vendor is a "local business" as defined in Section 2-349(b).
In an effort to better define a "local business" and to establish clear criteria, staff has proposed that the
physical business address located within Monroe County must also 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.
PREVIOUS RELEVANT BOCC ACTION: At March 18, 2009 BOCC meeting, discussion and
direction to staff to draft a local preference ordinance. At the June 17, 2009 meeting the BOCC held a
Public Hearing adopting Ordinance 023-2009.
CONTRACT/AGREEMENT CHANGES: Not applicable
STAFF RECOMMENDATIONS: Approval to advertise a hearing as requested.
TOTAL COST: Advertising Cost INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County AtI`y OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION:
Revised 7/09
AGENDA ITEM # - )-