Item Q2
BOARD OF COUNTY COMMISSIONERS
Agenda Item Summary
Meeting Date
May 19, 2004
Division
County Attorney
AGENDA ITEM WORDING
Public hearing of 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
Approval to advertise for one public hearing at the April 21, 2004 meeting.
CONTRACT I AGREEMENT CHANGES
STAFF RECOMMENDATIONS
Approval.
TOTAL COST
BUDGETED Yes No
COST TO COUNTY SOURCE OF FUNDS
APPROVED BY: County Attorney _ OMB/Purchasing! Risk Management!
DIVISION DIRECTOR APPROVAL0o~ r ~ O'//z. '1/' y
.: ~ JOHN R. COLUNS
DOCUMENTATION:
Included !
To Follow!
Not Required!
AGENDA ITEM #
0.2-
Management Services
ORDINANCE NO.
- 2004
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AMENDING SECTION 2-541(i)(1)
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
mav not be divided into sub-parts to avoid the reauirement 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 numbering
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 Tem Rice
Commissioner McCoy
Commissioner Neugent
Commissioner Spehar
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
Mayor/Chairperson
jordbidbond
MONROE COUNTY ATT
PROVED AS