Item O6
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesday, May 17,
2000, at 3:00 PM at the Key Largo Library, Tradewinds Shopping Center, Key Largo, 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 BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, CREATING SECTION 2-541(e)(4), MONROE COUNTY CODE,
IN ORDER TO PROHIBIT PERSONS WHO DESIGN COUNTY CONSTRUCTION
PROJECTS OR FURNISH SPECIFICATIONS FOR CONSTRUCTION PROJECTS,
GOODS OR SERVICES FROM BIDDING ON SUCH PROJECTS, GOODS OR
SERVICES; AMENDING SECTION 2-541(h), MONROE COUNTY CODE,
REGARDING HISTORICAL AND FINANCIAL INFORMATION REQUIRED FROM
THOSE SUBMITTING BIDS; ELIMINATING CERTAIN EXEMPTIONS OR PUBLICLY
TRADED ENTITIES FOR REQUIRED BIDDING INFORMATION; PROVIDING THAT
THE COUNTY DEPARTMENT SOLICITING BIDS OR THE OMB DIRECTOR MUST
CONSIDER THE HISTORICAL, LITIGATION AND FINANCIAL INFORMATION
RECEIVED FROM THOSE SUBMITTING BIDS AND RECOMMEND TO THE BOCC
WHETHER EACH BIDDER IS RESPONSIBLE; PROVIDING THAT BIDDERS
SUBMITTING FALSE HISTORICAL OR FINANCIAL INFORMATION OR OMITTING
RELEVANT INFORMATION WILL HAVE THEIR BIDS AUTOMATICALLY REJECTED
OR CONTRACTS TERMINATED; PROVIDING FOR SEVERABILITY; PROVIDING FOR
THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND
PROVIDING AN EFFECTIVE DATE
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decided 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.
Copies of the above-referenced ordinance are available for review at the various public
libraries in Monroe County, Florida.
Dated at Key West, Florida, this 24th day of April, 2000
(SEAL)
Requested publication dates
DANNY L. KOLHAGE, Clerk of the Circuit Court
and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
Reporter
Citizen
Keynoter
4/27-5/4/00
4/28-5/5/00
4/29-5/6/00
, .. DID
Commissioner Nora Williams
ORDINANCE NO - 2000
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, CREATING SECTION 2-S41(e)(4),
MONROE COUNTY CODE, IN ORDER TO PROHIBIT PERSONS WHO
DESIGN COUNTY CONSTRUCTION PROJECTS OR FURNISH
SPECIFICATIONS FOR CONSTRUCTION PROJECTS, GOODS OR
SERVICES FROM BIDDING ON SUCH PROJECTS, GOODS OR
SERVICES; AMENDING SECTION 2-S41(h), MONROE COUNTY CODE,
REGARDING HISTORICAL AND FINANCIAL INFORMATION
REQUIRED FROM THOSE SUBMITTING BIDS; ELIMINATING
CERTAIN EXEMPTIONS OR PUBLICLY TRADED ENTITIES FOR
REQUIRED BIDDING INFORMATION; PROVIDING THAT THE
COUNTY DEPARTMENT SOLICITING BIDS OR THE OMB DIRECTOR
MUST CONSIDER THE HISTORICAL, LITIGATION AND FINANCIAL
INFORMATION RECEIVED FROM THOSE SUBMITTING BIDS AND
RECOMMEND TO THE BOCC WHETHER EACH BIDDER IS
RESPONSIBLE; PROVIDING THAT BIDDERS SUBMITTING FALSE
HISTORICAL OR FINANCIAL INFORMATION OR OMITTING
RELEVANT INFORMATION WILL HAVE THEIR BIDS
AUTOMATICALLY REJECTED OR CONTRACTS TERMINATED;
PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF
ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE OF
ORDINANCES: AND PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
Section 1. Sec. 2-541(e), MCC, is hereby amended by the addition of the
following:
(4) Persons who design county construction oroiects. or orovide
the soecifications to the county for such proiects or orovide the
soecifications for any aoods or services. are orohibited from biddina on the
oroiect construction work and are orohibited from bidding on the orovision
of the aoods or services. This orohibition does not apply to desian/build
contracts and desian/build/operate co ntractsr when authorized by aeneral
law and when the Board of County Commissioners have soecifically elected
to oroceed under those oroYisions of aeneral law.
Section 2. Sec. 2-541(h), Monroe County Code, is hereby amended to read:
(h) In order to determine if persons submitting bids are
responsible, all bids for contracts to be awarded under this section must
contain the folloWing information:
(1) A list of the person's shareholders with five (5) percent or more of
the stock or, if a general partnership, a list of the general partners; or, if a
limited liability company, a list of its members;
(2) A list of the officers and directors of the person;
(3) The number of years the person has been operating and, if different,
the number of years it has been providing the services, goods, or
construction services called for in the bid specifications;
(4) The number of years the person has operated under its present name
and any prior names; .,
(5) Answers to the following questions regarding claims and suits:
a. Has the person ever failed to complete work or provide the
goods for which it has contracted? (if yes, provide details.)
b. Are there any judgments, claims, arbitration proceeding or
suits pending or outstanding against the person, or its officers or general
partners? (If yes, provide details.)
c. Has the person, within the last five (5) years, been a party to
any law suit or arbitration with regard to a contract for services, goods or
construction services similar to those requested in the specifications? (If
yes, provide details.)
d. Has the oerson ever initiated litigation aQainst Monroe County
or been sued by Monroe County in connection with a contract to orovide
services. Qoods or construction services? (If yes. orovide details.)
Eh e. Whether, within the last five (5) years, an officer, general
partner, controlling shareholder or major creditor of the person was an
officer, general partner, controlling shareholder or major creditor of any
other entity that failed to perform services or furnish goods similar to those
sought in the request for bids;
€7 f. Customer references;
~ g. Credit references; and
~ h. Any information requested by the county departmentJnvolyed
in soliciting the bids related to the financial qualifications, technical
competence, the ability to satisfactorily perform within the contract time
constraints, or other information the department deems necessary to
enable the department and board of county commissioners to determine if
the person bidding is responsible.
Except for subpiJriJgraph (h)(S)g., provisions of this subsection do not
apply to publicly triJded corpor.:ltions or publicly triJded limited partnerships.
The deoartment reauestina the submission of bids and the OMB
director must make s'ure that all bid solicitations reauest the information
required by this subsection 2-54Hh). Monroe County Code. The
deoartment reauesting the bids. or the OMB director. must evaluate the
information received, and then oreoare a recommendation to the board of
county commissioners for each of three lowest bidders as to whether each
bidder is responsible in the view of the information received. In evaluatina
the information received. the deoartment and OMB Director are directed to
Qive Qreater weiQht in oreoarinQ their recommendation to the bidder's
resoonses to subsections 2-54Hh)(5)(a)-(ht MCC. The County Attorney is
directed to investiQate any orior business entities or associates of the
person submittinQ the bid in order to determine if the inquiries enumerated
in subsection 2-54Hh)(5)(a)-(h). MCC. should be aoolied to any of the
business entities or associates involved in the oerson's orior business
associations. If the deoartment. OMB Director. or County Attorney have a
reasonable belief that any information furnished by a bidder is false.
misleadinQ or omits relevant facts. the OMB Director and deoartment are
directed to investiQate any lawfully availa6ieinformation resource in order
to be able to adequatelY' advise the Board as to whether a bidder is
resoonsible. If after the bids are received. it is discovered that a bidder
misreoresented or omitted information required by this subsection 2-
54Hh). Monroe County Code. then his bid will be automatically disqualified.
If the misreoresentation or omission is discovered after the contract is
awarded. the board of county commissioners may. in its discretion.
terminate the contract with no liabilitv to the county other than to Day the
contract orice or unit orice for work that is satisfactorily comoleted and
useful to the county. A notice statinQ the foreQOin9 must aooear in all
solicitations for bids and a orovision similar to the immediately orecedinQ
sentence must be added to all contracts covered by this Chao. 2. Art. XXII.
Monroe County Code. -
Section 3. If any section, subsection, sentence, clause or provision of this ordinance is
held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 4. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
Section 5. 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 6. This ordinance shall take effect immediately upon receipt.-of official notice
from the Office of the Secretary of State of the State of Florida that this ordinance has been filed
with said Office.
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 , 2000.
Mayor Shirley Freeman
Commissioner Wilhelmina Harvey
Commissioner George Neugent
Commissioner Mary Kay Reich
Commissioner Nora Williams
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
By
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
jdordnewbids
Mayor/Chairperson