Item R3 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: _October 16, 2013 Division: District 3
Bulk Item: Yes x No _ Department: District 3, Commissioner Carruthers
Staff Contact/Phone#: Comm. Carruthers/292-3430
AGENDA ITEM WORDING: Consideration of a motion to reconsider the vote approving agenda
item Q2 on Sept. 17, 2013 BOCC approving an amendment to Sections 2-346 & 2-347 of the Monroe
County Code.
ITEM BACKGROUND: At the Sept. 171 the Board approved the ordinance amending sections 2-
34E & 2-347 of the Monroe County Code in regards to the definition and exception from competitive
bidding relating to utilities or, alternatively, amending Section 2-347 to add solid waste services to the
exemptions as outlined in subsection (e)(5).
PREVIOUS RELEVANT BOCC ACTION:
3/21/2012—Ordinance 006-2012 was approved.
8/21-2013 —Board directed staff to draft proposed changes to Code.
9/4/2013 —BOCC scheduled public hearing or 3:00 PM on 9/17/13 in Marathon, FL.
9/17/2013 —Approval of an Ordinance amending Sections 2-346 & 2-347.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
TOTAL 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 Not Required
DISPOSITION: AGENDA ITEM#
Revised 7/09
OPTION 1.
ORDINANCE - 2013
AN ORDINANCE OF THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS AMENDING SECTION
2-346 AND SECTION 2-347 OF THE MONROE COUNTY
CODE; PROVIDING CLARIFICATION OF EXCEPTIONS
FROM COMPETITIVE BIDDING PROCEDURES
RELATING TO UTILITIES; 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, on August 21, 2013, the Board of County Commissioners (BOCC) was briefed
at its regular meeting on the various solid waste contracts; and
WHEREAS, the BOCC was advised that negotiations relating to the County's solid waste
contracts were on-going and that the potential for new contracts exceeding the current terms had
arose during these negotiations; and
WHEREAS, on March 21, 2012, the Board of County Commissioners enacted Ordinance
No. 006-2012, which revised the competitive bidding procedures to provide definitions and
clarification relating to the competitive bidding procedures; and
WHEREAS, in clarifying the exemptions to the competitive bidding procedure, Ordinance
No. 006-2012 created section 2-347(e)(5) to provide further clarification of services exempt
from the competitive bidding requirement and, in doing so, had the unintended consequence of
excluding solid waste as a service that could be exempt from the competitive bidding procedures;
and
WHEREAS, the County has historically treated solid waste franchise agreements as a
service that may be exempt from competitive bidding, as demonstrated by the existing solid
waste franchise agreements; and
WHEREAS, Section 2-347(e)(5)(b) does not conform to the definition of utility/local
telephone services as defined in 2-346 since it excluded"or other governmental authority'; and
WHEREAS, while the exemptions as set forth in Section 2-347(e)(5) are not required to
following the competitive bidding procedures, the Board has the authority to still require
competitive bidding when it finds that it is in the best interest of the County to do so; and
WHEREAS, in order to rectify the Code and again restore discretion to the Board on
whether competitive bidding is required for solid waste services;
1
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,FLORIDA:
SECTION 1: Section 2-346 utility/local telephone services shall be amended to read as
follows:
Utility/local telephone services. Services from a utility whose rates are determined and
controlled by the public service commission or other governmental authority, including but not
limited to electricity, natural gas, water, sewer, solid waste, wastewater, telephone,
telecommunications, and cable television services.
SECTION 2: Section 2-347(e)(5) shall be amended to read as follows:
(5) The competitive bidding procedures are not required to apply to the
following:
a. Professional service covered by the Consultants' Competitive
Negotiation Act (F.S. §287.055). Other professional services may
be exempted by the BOCC from the competitive bidding process
when price is only a minor concern compared to qualitative
considerations;
b. All purchases of services controlled by the public service
commission or other governmental authority including but not
limited to utility/local telephone services as defined in 2-346;
C. Cellular telephone services; on-going payments and fees for
maintenance and support of existing software technology which
has been purchased in accordance with existing procurement
requirements; software packages for personal computers approved
by the county's technical services department;
d. Legal services, lobbying services, interpreter services, court
reporter services, and advertising services; and
e. Change orders authorized under a lawfully executed
county/contractor contract.
2.
SECTION 3: 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 4: 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 5: 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 6: 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), 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 92013.
Mayor George Neugent
Mayor Pro Tem Heather Carruthers
Commissioner Danny Kolhage
Commissioner David Rice
Commissioner Sylvia Murphy
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: AMY HEAVILIN, Clerk OF MONROE COUNTY,FLORIDA
By By
Deputy Clerk Mayor/Chairperson
MONROE COUNTY ATTORNEY
PPROVED AS TO FORM:
CHRISTINE M. LIMBERT BARROWS
ASSISTAPT COUNTY ATTORNEY
Date
ALTERNATIVE OPTION.
ORDINANCE - 2013
AN ORDINANCE OF THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS AMENDING SECTION
2-347 OF THE MONROE COUNTY CODE; PROVIDING
AN EXCEPTION FROM COMPETITIVE BIDDING
PROCEDURES FOR SOLID WASTE SERVICES;
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, on August 21, 2013, the Board of County Commissioners (BOCC) was briefed
at its regular meeting on the various solid waste contracts; and
WHEREAS, the BOCC was advised that negotiations relating to the County's solid waste
contracts were on-going and that the potential for new contracts exceeding the current terms had
arose during these negotiations; and
WHEREAS, on March 21, 2012, the Board of County Commissioners enacted Ordinance
No. 006-2012, which revised the competitive bidding procedures to provide definitions and
clarification relating to the competitive bidding procedures; and
WHEREAS, in clarifying the exemptions to the competitive bidding procedure, Ordinance
No. 006-2012 created section 2-347(e)(5) to provide further clarification of services exempt
from the competitive bidding requirement and, in doing, so had the unintended consequence of
excluding solid waste as a service that could be exempt from the competitive bidding procedures;
and
WHEREAS, the County has historically treated solid waste franchise agreements as a
service that may be exempt from competitive bidding, as demonstrated by the existing solid
waste franchise agreements; and
WHEREAS, Section 2-347(e)(5)(b) does not conform to the definition of utility/local
telephone services as defined in 2-346 since it excluded "or other governmental authority"; and
WHEREAS, while the exemptions as set forth in Section 2-347(e)(5) are not required to
following the competitive bidding procedures, the Board has the authority to still require
competitive bidding when it finds that it is in the best interest of the County to do so; and
WHEREAS, in order to rectify the Code and again restore discretion to the Board on
whether competitive bidding is required for solid waste services;
ALTERNATIVE OPTION.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1: Section 2-347(e)(5) shall be amended to read as follows:
(5) The competitive bidding procedures are not required to apply to the
following:
a. Professional service covered by the Consultants' Competitive
Negotiation Act (F.S. §287.055). Other professional services may
be exempted by the BOCC from the competitive bidding process
when price is only a minor concern compared to qualitative
considerations;
b. All purchases of services controlled by the public service
commission_ or other governmental authority including but not
limited to utility/local telephone services as defined in 2-346;
C. Cellular telephone services; on-going payments and fees for
maintenance and support of existing software technology which
has been purchased in accordance with existing procurement
requirements; software packages for personal computers approved
by the county's technical services department;
d. Legal services, lobbying services, interpreter services, court
reporter services, and advertising services; and
e. Change orders authorized under a lawfully executed
county/contractor contract.
f. All solid waste services including but not limited to collection
franchise agreements and operations and maintenance agreements
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.
2
ALTERNATIVE OPTION.
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), 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 , 2013.
Mayor George Neugent
Mayor Pro Tem Heather Carruthers
Commissioner Danny Kolhage
Commissioner David Rice
Commissioner Sylvia Murphy
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: AMY HEAVILIN, Clerk OF MONROE COUNTY,FLORIDA
By By
Deputy Clerk Mayor/Chairperson
MONROE COUNTY ATTORNEY
PPROVED AS TO FORM:
CHRISTINE M. LIMBERT-BARROWS
ASSIST T COUNTY ATTORNEY
Date
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