Item B2 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
BOCC Special Meeting
Meeting Date: July 29, 2012 Division:
Bulk Item: Yes X No Department: County Attorney
Staff Contact Person: Christine Limbert-Barrows
292-3470
AGENDA ITEM WORDING: Approval to advertise a public hearing to consider approval of an
ordinance amending Section 2-346 and 2-347 of the Monroe County Code clarifying the definition and
exception from competitive bidding relating to utilities and conforming the exception to the definition
of utility/telephone services as defined in Section 2-346.
ITEM BACKGROUND: A public hearing approving ordinance 006-2012 was held at the Board of
County Commission's Regularly Scheduled meeting on March 21, 2012. Ordinance 006-2012 created
definitions under Section 2-346 and amended the competitive bidding procedures under Section 2-347
to reflect revisions to the Monroe County Purchasing Policy and to clarify the County's competitive
bidding procedures. In amending Section 2-347(e), the exception relating to utilities inadvertently
excluded utilities whose rates are determined and controlled by other governmental authorities.
Additionally in creating Section 2-346, the definition of utility/local telephone services unintentionally
omitted solid waste even though this service has been traditionally treated as a utility and exempt from
competitive bidding. This ordinance will add "solid waste" to the definition of utility/local telephone
services and will correct 2-347(e)(5)(b) by adding "other governmental authority" to clarify the utility
exemption and conform this section to the definition of utility/telephone services.
PREVIOUS RELEVANT BOCC ACTION:
3/21/2012 Ordinance 006-2012 was approved.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval to advertise a public hearing for August 21, 2013 at 3:00 p.m. in Key Largo, FL
TOTAL COST: Advertising Cost BUDGETED: Yes _ No
COST TO COUNTY: N/A 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#
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; PROVIDNG 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 March 21, 2012, the Board of County Commissioners enacted Ordinance
006-2012, which revised the competitive bidding procedures and created definitions relating to
the competitive bidding procedures; and
WHEREAS, in amending Section 2-347, the exception from the competitive bidding
procedures relating to utilities inadvertently excluded utilities whose rates are determined and
controlled by other governmental authorities; and
WHEREAS, currently Section 2-347(e)(5)(b) also does not conform to the definition of
utility/local telephone services as defined in 2-346; and
WHEREAS, in creating Section 2-346, the definition of utilityllocal telephone services
inadvertently omitted solid waste even though this was traditionally included as a utility; and
WHEREAS, in order to clarify the exception relating to utilities and to ensure that various
sections of the Code conform to one another, the Monroe County Code should be revised as
follows;
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.
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
2
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 th 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 B
Deputy Clerk Mayor/Chairperson
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM:
CHRISTINCM. LIMBERT-BARROWS
ASSIST I
I TYATTORNEY
Date
3
Additional Back-Up:
Q-6 Public Hearing Agenda Backup, BOCC 3/21/2012
............. ------
3:00 PAL Public Hearing
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUND4ARY
Meeting Date: March 21,2012 Division: CqmM Attorney
Bulk Item: Yes X No— Staff Contact Person: Suzanne Hutton#3470
AGENDA ITEM WORDING:
A public hearing to consider approval of an ordinance creating Section 2-346,and amending Section 2-
347, of the Monroe County Code to reflect the recently revised and improved Monroe County
Purchasing Policy.
ITEM BACKGROUND:
The Monroe County Purchasing Policy has recently been revised and improved to provide clarification
and simplicity for County employees to follow when purchasing goods and services for the County and
addressing the increased cost of goods and services. This Ordinance revises the Monroe County Code
to reflect the recent revisions to the Monroe County Purchasing Policy and provides definitions to
further clarify the County's competitive bidding procedure.
PREVIOUS RELEVANT BOCC ACTION:
2/15/12 BOCC approved Public Hearing for 3/21/12 @ 3:00 p.m. in Marathon,FL
CONTRACT/AGREEMENT CHANGES:
Increases purchasing authority limit;increases the amount for requiring County contracts to be bid
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST: N/A BUDGETED: Yes No
COST TO COUNTY: N/A SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes_ No X AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing_ Risk Management
DOCUMENTATION: Included X Not Required_
DISPOSITION: AGENDA ITEM#
* REVISED
BOARD OF COUNTY COMMISSIONERS
AGENDA TIEM SUMMARY
MeatingDate: F jby 1S.2Q12 Division: QmW,U ornev
Bulk Item: Yes .. X_ No Staff Coma Person:
AGENDA nzm WORDING:
Approval to advertise a public hearing to consider approval of an ordinance creating Section 2-346,
and amending Section 2-347,of the Monroe County Code to reflect the recently revised and improved
Monroe County Purchasing Policy.
ITEMBACKGROUND:
The Monroe County Purcbasing Policy has recently been revised and improved to provide clarification
and simplicity for County employees to follow when purchaing goods and services for the County and
addressing the increased cost of goods and services. This Ordinance revises the Monroe County Code
to reflect the recant revisions, to the Monroe County Purchasing Policy and provides definitions to
further clarify the County's competitive bidding procedure.
PMVIOUS RELEVANT BOCC ACITON:
CONTRACT/AGRE WZNT CHANGES.-
STAFF RECOM30MATIONS:
Approval to advertise.
rr.r rnriruri ri nr■ r rr+.rrrrrwrwrrr.r rrw�.r
TOTAL COST: NIA BUDGETED: Yes Na
COST TO COUNTY: N/A SOURCE OF:FONDS: W,
REVENUE PRODUCING: Yes,_,_ No AMOUNT PER MONTH__ Year
APPROVED BY: County Atty ZOMB purchasing Risk MarWgement
DOCUMENTATION: Included X Not Required
ISPO S ON: AGENDA n=#_ 33
* REVISED
(Revised Draft Ordinance)
ORDINANCE NO.--2012
AN ORDINANCE OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
CREATING SECTION 2-346 AND AMENDING
SECTION 2-347 OF THE MONROE COUNTY
CODE; PROVIDING FOR DEFINITIONS;
PROVIDING FOR AN INCREASE IN
PURCHASING AUTHORITY; PROVIDING FOR
AN INCREASE TO THE AMOUNT OF
CONTRACTS SUBJECT TO THE COMPETITIVE
BIDDING PROCEDURE; PROVIDING FOR
SEVERABIULITY; PROVIDING FOR REPEAL OF
ALL ORDINANCES INCONSISTENT BEREMTM;
PROVIDING FOR INCORPORATION INTO THE
MONROE COUNTY CODE OF ORDINANCES;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Monroe County Code should be revised to address statutory
changes, purchasing issues which occurred under the current language, and to provide
definitions to further clarify the competitive bidding procedure;and
WHEREAS, the cost of goods and services has increased since the competitive
bidding procedure was created and in consideration of these increased costs and to
provide some economy of scale,the amount of county contracts required to be bid should
be increased;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,FLORIDA:
SECTION 1. Sec. 2-346 of Article V1. PURCHASING AND CONTRACTS shall be
created to read as follows:
Sec.2-346 Definitions.
Adde xdum. Additional directions or
pmcurement pmcess to a solicitation which is issued as a separate advisory
docement after issuance of such solicitation by the vurchasing director or his
designee.
Competitive bidding. Two or more bids or mmosals submitted for the same
item or services by responsible bidders.
Competitive solicitation, Request for bids 22P.C+ for proposals
(RFP),RegiLest for gualifications-MM). Requests for applications (RFA),Request
for information (M or any other competitive solicitations auth--*--.i by general
law to be exercised by non-charter counties.
DRA"ORD Pm Purchasing Policy(KP)2W12 Page 1 of 12
Consultant's Competitive Newtiation Act(CNA). The official name for F.S.
4 287.055, relating to the procurement of architectural gngrineering. landscape
architecture, and registered land surveying services. These services shall be
procured by request for Qualifications,and competitive selection and negotiation.
Contract. A-written agreement between two or more competent parties to
perform or not perform a specific act or acts. Any type of agreement regardless of
what it is called for the procurement or disposal of_gQWies services or
construction.
Contractor. Any person or firm having a contract with the county.
County, Monroe CgImty,a political subdivision of the State of Florida,or any
of its authorized representatives _pursuant to ordinance resolution, or
administrative code.
department
head. The-person responsible for the operations of the
p_artment and employees within that denartment.
Evaluation or Selection committee. The committee approved to review offers
and responses to requests for ioEgMals (RFP)- and requests for qualifications
MM in accordance with the policies and procedures of the purchasing
deRWment and when required. in accordance with the Stow of Florida
Competitive Consultants Negotiation Act(CCNA).
Legal services. Services of legal -g-m-m-, authorized by Count v Attomev- including hitt not I;m;tgbA toexpe the of e
counsel.Division'of A Hearings witnesses,conflict
Administrative -(DC
services Leguirt-A by the Office of the County Attorney
OMB. The Cg—uqty's office of managementand budget
Pre-bid conference or imatex-o—sal conference), A meeting held with
pLospective bidden prior to solicitation of or the date for receiRt of bids or
propo
sals, to recognize state of the art limits, technic aspects. specifications and
standards relative to the subject, and to elicit expertise and bidders' interest in
submitting a hid or pursuing thetask.
Proposal. An executed formal document submitted to the county stating the
zoods and/or services offered to satisfy the need as requested in the request for
proposal.
Professional Services An
following m independent contractor m one of more of the
professional Lields: appraisal al serviced has per F.S. 125.355): audit and
Lais
accounting services•. consultants in_planning_, management and technological or
scientific advisors•. financial services in ratingand underwriting of bonds and
investment services and medical services
DRAFrORD Rev PmWing Policy(I(P)2AV12 Page 2 of 12
Purchase order. -A- document which authorizes the delivery of specific
merchandise or the rendering of certain services and the making of a charge for
them.
Purchasing director. The person holding the position as head of the
purchasing department.
Request for applications (RFA). A solicitation for applications for funding
which from time to time may be issued by the county or tourist development council
for various Drojxrams.
Request for bids (RFB). A solicitation of the responses for prices and terms
for procurement of goods and/or services for which the scope of work,
specifications or contractual terms and conditions can- be closely dgifted.
Evaluation of a bid is based upon R�nce, conformance with the sRecifications and
deemed submitted by a responsible bidder.
Request for information (RFI). A written or electronically posted request
made by an agency to vendors for information concerning commodities or
contractual services Responses to these recluests, are not offers and may not be
accepted by the agency to form a binding contract. A letter of interest may or may
not be required as part of the RE nrocess.
Request for proposal (RFP). A solicitation of the responses for prices and
terms for procurement 0 goods, and/or services for which the scope of work.
specifications or contractual terms and conditions cannot reasonably be closely
defined by the CountyEvaluation 9LA_proposal_-.is based on prior established
criteria which may include but may or may not be totally limited to price--
flgey-est for qualifications "A A solicitation of responses fromvendors
whereby vendors are invited to submit a summ of their articular gualifications
and to state their interest in performing a specific job or service for the county
From such submissions the county selection committee detennines which of such
vendors shall be short-listed_ interviewed,and recommended t-o the board of county
conumssioners for 12ermission to mo—tiate for scoDe of work and fees.
Responsible bidder. An-individual or business which has submitted a bid,
offer. proposal quotation or response
. -which as determined by the county has the
capability-in all respects to perform fully the contract requirements and the
experience, integrity, ,reliability and capacity facilities, equipment and credit
which give reasonable assurance of og od faith and performancg,. The county m5kv
also consider and give weight to the bidder's previous conduct and performance
under prev
ious contracts with the county and other agencies tinclpding but not
limited to delinquency) and determine the quality of the bidder's previous work.
Responsive bidder An individual or business submitted a bid,
offer, -proposal. quotation response which, as determined by the county
conforms in all material-respects to the solicitation which may include -but is not
limited to pricing, surety, insurance, specifications of the goods or services
DRAFT'ORD Rev Purchasing Policy(KP)2/8/12 Page 3 of 12
requested or any other matter unequivocally stated in the invitation for bids as a
determinant of responsiveness. A lack of conformity in these matters which is
nonsubstantive in nature may be considered a technicality or irregularity which
may be waived by the county commission.
Responsive hid. A bid or proposal which conforms in all material respects to
the request to bid or request for proposals.
Sole source. The only source of the item(s) which meets the needs of the
using department as determined by the required process under the Monroe Count,+
Purchasing Policies and Procedures.
Utilit l7ocal telephone services. Services from a utility whose rates are
determined and controlled by the Public Service Commission or other
overnmental author' including but not limited to elcqMciZ nonal w§LeL
sewer,wastewater.telephone--telecommunications,and cable television services.
SECTION 2. Sec. 2-347(e)shall be amended to read as follows:
(e) This section applies to all county contracts, excegt as otherwise stated in this
article for services ' Gempefifive
O ( u ), t"ity4eeal telephem v, vbaa.seMee,
and insufunee , goods, and public works,
that are, in
accordance with generally accepted accounting principles, expected to cost
$50.000 29,0W or more. A contract may not be split into multiple contracts for
services, goods or public improvements for the purpose of evading the
requirements of this section.
(1) The county administrator may,in his discretion,require that contracts for
services, goods or public works that are expected to cost less than$50.000
25,GW comply with the terms of this section.
(2) When the goods or services sought are expected to cost$50.000 25,899-or
more and are available to the county through an existing contract
between a vendor and the state, the United States, or another county of the
state, municipality,of special district, or other governmental entity or not
for profit association's competitivelLawarded contract then compliance
with the terms of this section is not required. However, before any
purchase is made through an existing contract, the dMartment head
parehasing-di reetef must fast contact other South Florida vendors in order
to determine if the goods or services sought are available at a lower price
than the price of the existing contract. If the goods or services are
available from another vendor at a lower price than the existing contract,
then the contract for the goods or services must be awarded to that vendor,
unless the once is only of minor concern compared to the qualitative
considerations.The purchase of the goods or services sought may be made
through the existing contract if none of the other vendors contacted by the
department head punhasing-difeet offered the goods or services at a
DRAFT ORD Rev Purchasing Policy(KP)2W12 Page 4 of 12
price lower than the price of the existing contract. The results of the
requests from vendors shall be submitted to the purchasing director for
verification before the contract is approved by theqgggM.
(3) When the goods or services to be purchased are only available from a sole
source, then the purchase may be exempt from this section However the
department head of the requesting department must provide written
iu_stification, as outlined in the Monroe County Purchasing Policies and
Procedures.before approval of the contract or purchase is made.
(3)(41 Persons who design county construction projects, or provide the
specifications to the county for such projects or provide the specifications
for any goods or services, are prohibited from bidding on the project
construction work and are prohibited from bidding on the provision of the
goods or services. This prohibition does not apply to design/build
contracts and design/build/operate contracts, when authorized by general
law and when the board of county commissioners has specifically elected
to proceed under those provisions of general law.
(5) The competitive bidding procedures are not required to aBely to the
following-,
a. Professional service covered by the Consultants' Competitive
Negotiation Act (F.S. 4287.055). 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 including but not limited to utHity9ocal telephone
services,
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 countv'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
SECTION 3. Sec.2-347(f)shall be amended to read as follows:
(f) The co tivetive solicitations of bids,for contracts covered by this section must be
made- hrough published notice.
(1) The published notice of com titive so icitatioa"s les�i ;-bids must
set forth a brief summation o the sernce,goods or public work desired
together with a description of where and from whom a potential bidder
or-���°scK may obtain more detailed information. qhe,-pu}rliel�
eetlain
.The notice
DRAFT ORD Rev Purchasing Policy(KP)2/8112 Page 5 of 12
must state that an responses to comvetitive solicitations bids submitted
must be sealed and must be submitted to the OWIlasing
efflee ef p 4B
—direet-eF..The notice must state the date,time,
and place where the responses to competitive solicitations bkls will be
(2) Me competitive solicitations notices shall pMly with anv anplicable
statutes and the requirements of the Monroe County Purchasing
Policies and Procedures.The sefie#�of bids fef se-P.4--em, ge-e-ds, ef
Nil; thAt AM , est-��UPA am Must
ed in a in the e
r R 2-4 QdOH
thFA in nak InteF thRA 1 kJA4 ing th ;PAJ-JiPRIi=
befm the date estabbsked th tha ic Re latff
!;ii:ZM_dA;M h-44M ANU MebjdPPMfig=p�
(3) 4eeS gO Af AMWIM
WeEks, &a an
W 685t$50&,000.00 OF plams hA 4-jaliah.-&efgsed ia 0
thm ah .a-- fpwpl-14- a tha VAJMPA6�'Jato befen ILZ
9up days befefe
SECTION 4.Sec.2-347(g)shall be amended as follows:
(g) County departments must prepare the bid specifications in advance of the
publication date.The specifications must include,where applicable,plans,descriptions of
the service or description of the goods, the estimated quantities, the contract format,
insurance and bonding requirements, all as appropriate to the services, goods, or public
improvements desired. The specifications may not be drafted or structured in a way that
only one person is capable of submitting a bid that meets such specifications. The
specifications must be sufficiently detailed, definite, and precise upon all the essential
elements that are to be a part of the contract so that a bid received will constitute a
definite offer for the contract that may be accepted by the board of county commissioners
without further negotiation. When the bid specifications are in final form, and before the
publication date, the original specificationsL including an electronic version must be
delivered to the custody of the county purchasing GM8 director by the department that
prepared them.The gurchasing director will retain custody until after the bids are opened.
The department may retain a copy of the specifications for its use but if there is a conflict
between the terms of the specifications in the director's custody and the department's,the
specifications in the director's custody are controlling. Any amendments to the
specifications or addendum must be made through the purer OMB director who
shall be responsible for notifying prospective bidders4TgRoserj of the amendments or
addendum.
SECTION 5. Sec.2-347(h)shall be amended as follows:
(h) In order to determine if persons 2LgnfiDes submitting responses to competitive
solicitations bids are responsible, all responses to competitive solicitations-bids; for
contracts to be awarded under this section must contaW,_g_Aminimum the following
information:
DRAFT ORDRaw RM*Uing POHCY(KP)2MI2 Page 6 of 12
(1) A list of the person's or entity's shareholders with five Q 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; or, if a solely owned
proprietorship,names(s) of owner(s);
(2) A list of the officers and directors of the entity ;
(3) The number of years the person or entity 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 (include a list of
similar projects);
(4) The number of years the person or enft has operated under its present
name and any prior names;
(5) Answers to T-the following, iselading emwers to questions regarding
claims and suits:
a. Has the person,pdg&Wals,entity,or any entity previously owned
operated or directed by any of its officers major shareholders or
directors, 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,�principal of the entity.
or entity, or any entitbpreviously owned operated or directed by
any of its officers, directors, or general partners? If yes, provide
details;
C. Has the person, principal of the entity, entity, or My entity
previously owned.operated or directed-b_y any of its officers major
shareholders or directors, within the last five (5) years, been a
party to any lawsuit, or-arbitration, or mediation with regard to a
contract for services, goods or construction services similar to
those requested in the specifications with private or public entities?
If yes,provide details;
d. Has the person,__principal of the entity, or any entity previously
owned. operated or directed by any of its officers owners
partners, major shareholders or directors ever initiated litigation
against the county or been sued by the county in connection with a
contract to provide services,goods or construction services? If yes,
provide details;
e. Whether, within the last five (5) years, the owner, an officer,
general partner, dad ,controlling shareholder or major creditor
of the person or entity was an officer, director, general partner,
principal, 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 competitive solicitation lids;
f. Customer references (minimum of three) inc name current
address and current telephone number;
g. Credit References (minimum of three) including name, current
address and current telephone number;aW
DRAFT ORD Rev P=hwing Policy(KP)VV12 Page 7 of 12
h. Financial statements for the prior three years for the responding
entity or for any entity that is a subsidiary to the responding gati
and
1}:% Any financial information requested by the county department
involved in the competitive solicitation 9elieit*the-bid, 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 re "din is responsible.
The department requesting competitive solicitations th ef the bi and the
county attorney reviewing the competitive solicitations 9U-dieeter- must make sure
that all bid solicitations request the information required by this subsection (h). The
department requesting the competitive solicitations , , must
evaluate the information received, and then prepare a recommendation to the board of
county commissioners as to whether the lowest eash
bidder or the highest ranked proposer is responsible in the view of the information
received. In evaluating the information received, the requesting department and-ONE
dieeter. am is directed to give particular consideration peaw weig in preparing their
recommendation to the bidder's/proposer's responses to subsection(h)(5�;a»i. of this
section,
eatkies
. h. of dSis seedea-,
sh-W-1 I-- applied to say
. If the
department,GMB dimetelr or county attorney have a reasonable belief that any
information furnished by a bidder/ ro oser is false, misleading or omits relevant facts,
the epartment is ere-directed to investigate any lawfully available
information resource in order to be able to adequately advise the board as to whether a
bidder m oser is responsible. If after the responses to competitive solicitations bids are
received, it is discovered that a bidder/ ser misrepresented or omitted information
required by subsection (h), then his bid/ ro osal shall wi# be automatically
disqualified. If the misrepresentation or omission is discovered after the contract is
awarded, the board of county commissioners may, in its discretion,terminate the contract
with no liability to the county other than to pay the contract price or unit price for work
that is satisfactorily completed and useful to the county 0 to the date of the meeting of
the board of county commissioners terminating the contract. A fietiee-suiting i The
foregoing must appear in all
immediately ding sent- L_ added
- -1 contracts covered by Y«' �� this article.
SECTION 6. Sec. 2-347(i)shall be amended as follows:
(i) Each bid for construction projects estimated to exceed $200,000 $50,W0 must
be accompanied by a bid security in an amount equal to five 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.the state. A project may not be divided into
DRAFT ORD Rev Pmhasing Policy(M 2/8/12 Page 8 of 12
subparts to avoid the requirement for the bid security. The County, in its discretion, may
require a bid security for construction projects estimated to be less than $200,000. 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 90 days from the date of bid opening must also be returned.The following shall also
apply:
(1) All bids are irrevocable for 90 days from the bid opening date. If a bidder
discovers an error in his bid,he may withdraw the bid and request a refund
of the bid security if the bid has not yet been accepted by the board of
county commissioners. The secant} M be returned only if the bidder
can show, to the satisfaction of the coma OMB director,,the following
equitable factors:
a. The bidder acted in good faith in submitting the bid;
b. In preparing_the bid there was an error of such magnitudg that
enforcement of the bid would work a severe hardship upon the bidder:
and
c. The error was not a result of ogr ss negligence or willful inattention.
(2) All bids must be sealed and submitted to the purchasing director before the
time described in the published notice for th4 laid gRening. All bids must
be_2Rened at the time and place described in the published notice Any bid
submitted after that time shall not be considered.
All bids am L-Eeveeable fef 90 days Fmm the bid opening date. ,
if a biddef diseeYefs an effff ia his bid, he may withdraw the bid and
ebtain a r-efund of the bid seewity if the bid has net yet been aseepted by
Fetwmd only if the bidder- eem shew, to the satisfaefien of the ee"
OMM dkmm the Mewing equitable^faBt fs-
;
b. In pfepming the bid them was an effer- of suah nmInitude
and
C. m attention.
DRAt:f ORD Rev Purchasing Policy(KP)2A/12 Page 9 of 12
fiefiee. In order for a bid to be accepted by the board of county
commissioners and a contract awarded,the bid must be the lowest in price,
must conform to the specifications, and have been submitted by a
responsible bidder. For the purposes of this section, the following terms
have the following meanings:
a. The term"lowest in price"means the lowest total economic cost to
the county including, but not limited to, the contract price and
demands upon county equipment and county staff time.
b. The term "conform to the specifications" means that there is no
substantial variation between the bid submitted and the county
specifications. Slight or immaterial variations from the
specifications do not create a nonconforming bid. However, any
variation that destroys the competitive character of the bidding
process,causes or confers a material change more favorable to one
bidder than the others, or furnishes one bidder an advantage or
benefit not enjoyed by the other bidders is a substantial variation
and results in a nonconforming bid.
e, Was tefm'hwpeasible ,
2-. Possesses the skiHs needed te pr-evide high quality seFvieeft
goods;er-publie works; and
3.
business dealings and in peffefWng his obligations eadef
(4) Once the board of county commissioners has determined which bid
conforms with subsection (i)(3) above the board may vote to accept that
bid and authorize the mayor to execute a written contract reviewed and
approved by the county attorney's office on behalf of the county. If the
initially successful bidder refuses to execute the contract or, if after the
execution refuses to commence performance, then the board may vote to
accent the bid of the next lowest conforming responsible bidder and so on
However,the board of coup cor ssi.-ners at all times reserves the right
to waive variations from the specification that do not render a bid
nonconforming to reject all bids re-advertise for bids, or to abandon any
project. purchase of goods, or request for bids A contract is not entered
into until the board of county commissioners votes to accept a bid and
directs the mayor to execute a contract on behalf of the county. Regardless
of any representations made by,any county officer, employee or county
contractor or consultant. and regardless of any funds expended or work
performed by the bidder or aprospective contractor, the county i;3 not
liable or obligated to pav the bidder/prospective contractor any_money
until the bid has been accepted by the board of county commissioners
DRAFr ORD Rev Purchasing Policy(KP)2AU12 Page 10 of 12
The bewd at ee" ee-M---ffl—issienefs' deteffnismien, based en the eFk '
set fefth in i (i)(3) of this see4en, as te whedw a bid is dw
lewest in p x4waher-ft bid vafiafien hem the ee"'s speeifieaden is
91*W. And imv�a
imefial er- substemial end mmer-ial, and whether. a bidder-4
Fespemible,is disefetiewxy with the beard wd is final.
SECTION 7. Sec.2-3470)shall be amended to read as follows:
All responses must be-sealed and submitted to the office of the county purchasing
ftartragnt before the time described in the published notice for the bid giening. Any
responses submitted after that time shall not be considered. All of the responses must be
opened at the time and place described in the published notice. All responses are
irrevocable for 90 days from the bid opening date. However, if the proposer discovers an
error in his response,he may withdraw his response in good faith.
(1) The board of county commissioners' determination as to the following is
discretionary with the board and is final: whether a bid is the lowest in
price. based upon the same criteria set forth in subsection(i)(3), whether
a proposal is the highest ranked. with price as a consideration when
Mlicable-, whether a bid variation from the p2grit.X's specification is
slight and immaterial or substantial and material-, whether a response is
submitted by a responsive bidder and responsible bidder, as defined in
this chapter.
EJU2 Once the board of county commissioners has determined which response
shall be awarded the contract bid is the lowest eenfanning bid by a
responsible bid-deff, the board may vote to accept that biftroposal and
authorize the mayor to execute a written contract,reviewed and approved
by the coup attorney's office, on behalf of the county. If the initially
successful bkkWf4Mgp_oser refuses to execute the contract or, if after the
execution,refuses to commence performance, then the board may vote to
accept the next highest raked responsive bid ef the Rem lowest
eenfeFming responsible bidder and so on. However, the board of county
commissioners at all times reserves the right to waive variations from the
specifications that do not render a bid nonconforming, to reject all
competitive solicitations bids, re-advertise for competitive solicitations
", or to abandon any project, purchase of goods, or request for
competitive solicitations bids. A contract is not entered into until the
board of county commissioners votes to accept a Rmposal bid and directs
the mayor to execute a contract on behalf of the county. Regardless of
any representations made by any county officer, employee or county
contractor or consultant, and regardless of any funds expended or work
performed by the biddeF of a prospective contractor, the county is not
liable or obligated to pay the biddkWprospective contractor any money
until the proposal b4 has been accepted by the board of county
commissioners.
DRAFT ORD Rev PMhaing Policy(KP)2M12 Page 11 of 12
..............-- -............... .......... ......
SECTION S. 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 9. 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 10. 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 11. TRANSMITTAL AND EFFECTWE 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
,2012.
Mayor David Rice
Mayor Pro Tem Kim Wigington
Commissioner Heather Carruthers
Commissioner George Neugent
Commissioner Sylvia Murphy
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L.KOLHAGE,Clerk OF MONROE COUNTY,FLORIDA
By. By
Deputy Clerk Mayor/Chairperson
DRAFT ORD Rev Pumbasing policy(KP)2N12 Page 12 of 12