Item S11
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
April 21, 2004
Division:
County Attorney
AGENDA ITEM WORDING:
Approval to advertise an ordinance amending Sec. 2-541(i)(1), Monroe County
Code, revising the requirement for bid bonds to apply only to construction projects
estimated to exceed $150,000.
ITEM BACKGROUND:
This revision is requested by the Management Services Division due to cost and
efficiency factors.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT I AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
.
Approval to advertise for ONE PUBLIC HEARING on May 19, 2004 in Key Largo.
TOTAL COST:
BUDGETED: Yes
No
COST TO COUNTY:
Revenue Producing:
Amount Per Month - Year
APPROVED BY:
County Atty YES OMB/Purchasing N/A Risk Management N/A
DIVISIONDIRECTORAPPROVAL:Q~~ 03 W-t I.~
J. R. COLUNS
DOCUMENTATION: Included
x
To Follow
Not Required
AGENDA ITEM #
Sll
Management Services
ORDINANCE NO.
- 2004
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AMENDING SECTION 2-541(i)(I)
MONROE COUNTY CODE, REVISING THE REQUIREMENT FOR BID
BONDS TO APPLY ONLY TO CONSTRUCTION PROJECTS ESTIMATED
TO EXCEED $150,000; 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.
WHEREAS, the Management Services Division of the County has recommended
revision of the threshold for requiring bid bonds due to cost and efficiency factors; now,
therefore
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
Section 1. Sec. 2-541(i)(1), Monroe County Code, is hereby amended to read:
(i) (1) Each bid for construction projects estimated to exceed $150.000 must
be accompanied by a bid security in an amount equal to five (5) percent of the
bid price either in the form of a certified check made payable to the county or in
a bond from a surety company authorized to do business in Florida. A project
may not be divided into sub-parts to avoid the requirement for the bid security.
The bid securities will remain in the custody of the OMB director until forfeited
or released as provided elsewhere in this subsection. If, after the board accepts
the bid the bidder refuses to execute the contract or commence the work or
provide the goods called for, then the bid security will be forfeited to, and
become the property of, the county as liquidated damages for the county's loss
of bargain. If the successful bidder executes the contract and commences
performance, then the bid security will be returned. The bid securities of
unsuccessful bidders and bid securities in the county's possession for more than
ninety (90) days from the date of bid opening must also be returned.
Section 2. 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 3. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
Section 4. 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 numberin"g
system of the Code.
Section 5. 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
2004.
Mayor Nelson
Mayor Pro Tern Rice
Commissioner McCoy
Commissioner Neugent
Commissioner Spehar
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairperson
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