Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Item C21
C.21 County of Monroe P W ;� w 1rJ� BOARD OF COUNTY COMMISSIONERS r,�� Mayor Craig Cates,District 1 The Florida Keys Mayor Pro Tem Holly Merrill Raschein,District 5 y Michelle Lincoln,District 2 James K.Scholl,District 3 Ij David Rice,District 4 County Commission Meeting March 22, 2023 Agenda Item Number: C21 Agenda Item Summary #11834 BULK ITEM: Yes DEPARTMENT: Budget and Finance TIME APPROXIMATE: STAFF CONTACT: Julie Cuneo (305) 292-4460 No AGENDA ITEM WORDING: Approval to advertise a Public Hearing to consider adoption of an ordinance revising Article III Officers and Employees, Section 2-58 County Administration; revising Article VI purchasing and contracts, Section 3-246 Definitions, Section 2-347 Competitive Bidding Procedures, and Section 2-348 Change Orders to Contracts; providing for an increase in the County Administrator's signatory Authority; providing for an increase in the amount of goods and service subject to competitive solicitation; providing for an increase in change orders authorized by the County administrator providing for severability; providing for repeal of all ordinance inconsistent herewith and providing for an effective date ITEM BACKGROUND: This agenda item seeks Board approval to advertise a Public Hearing at the April 19, 2023, regular meeting to consider adoption of an Ordinance revising sections of the Monroe County Code (MCC) to increase the competitive bidding threshold, change order, signatory and purchasing authority of the County Administrator as set forth in detail below. • MCC Section 2-58.-County administration. currently provides that the county administrator may execute agreements on behalf of the board, provided that said agreements are for an amount within the signature authority of less than $50,000.00 and this amount has not been adjusted since 2015 with the enactment of Ordinance No. 024- 2015. The County Administrator's signatory authority in consideration of the increase cost and to provide some economy of scale, the amount of the County Administrator's signatory authority is proposed to be increased to $100,000. Similarly, MCC Section 2- 348.-Change orders to contracts. provides that if the price of the item for which the change order is sought exceeds $25,000.00 or 5% of the contract, whichever is greater, then an explanation is to why the items are not the subject of a separate call for bids must be provided. It is proposed that this amount also be increased to $100,000 • MCC Section 2-347.-Competetive bidding procedures. provides that the competitive bidding procedures shall apply to all county contracts, except as otherwise stated in Article VI, for services, goods and public works, that are, in accordance with generally accepted accounting principles, expected to cost $50,000.00 or more and this amount has Packet Pg. 943 C.21 not been adjusted since 2012 with the enactment of Ordinance No. 006-2012. The cost of goods and services has increased since 2012 and in consideration of these increased cost and to provide some economy of scale, the amount of the competitive solicitation threshold is proposed to be increased to $150,000. • The definitions set forth in MCC Sec. 2-346 is proposed to be revised to provide consistency with the Monroe County Purchasing Policy. County staff has researched the signatory authority of County Administrators in other counties in Florida and the signatory authority threshold for county administrators varies, but the proposed signatory authority threshold of $100,000 is comparable to other county administrator's signatory authority. County staff has also researched the procurement levels of the federal government and other counties in Florida. The federal Simplified Acquisition Threshold (SAT) under 2 C.F.R. 200 is currently set at $250,000. The competitive solicitation threshold for other local governments varies, but the proposed competitive threshold of $150,000 is comparable to thresholds of other local governments. In addition, County staff evaluated the competitive bid solicitations (excluding Surplus Sales, Insurance, Revenue Bonds, Revenue Generating Items, TDC Funding Applications and Bids, and Art in Public Places Bids) and found that only 10 out of 56 or 18% of the bids were for procurements at or under the proposed threshold of$150,000. It is anticipated that by adjusting the competitive solicitation threshold and the County Administrator's signatory authority that this will allow for more efficiency in the procurement of goods and services as needed for County operations and projects. PREVIOUS RELEVANT BOCC ACTION: The Board enacted Ordinance No. 006-2012 on March 21, 2012, increasing the competitive bidding threshold to $50,000. The Board enacted Ordinance No. 024-201 S on October 21, 2015, authorizing the County administrator to sign contracts on behalf of the county and increasing the change order authorization to $50,000 under Section 2-58 of the Monroe County Code. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: Draft Ordinance Amending Sec. 2-347 to increase to signatory/purchasing authority and amount of purchase subject to competitive solicitation Ordinance 024-2015 Ordinance 006-2012 County Administrator Signatory Purchasing Authority and Formal Procurement Thresholds 2022 Monroe County Bids CPI Analysis Packet Pg. 944 C.21 FINANCIAL IMPACT: Effective Date: N/A Expiration Date: Total Dollar Value of Contract: N/A Total Cost to County: Cost of Advertisement of Public Hearing Current Year Portion: Budgeted: N/A Source of Funds: CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No. If yes, amount: Grant: County Match: Insurance Required: N/A Additional Details: N/A REVIEWED BY: Julie Cuneo Completed 03/07/2023 1:26 PM Christine Limbert Completed 03/07/2023 2:56 PM Tina Boan Completed 03/07/2023 3:17 PM Purchasing Completed 03/07/2023 3:20 PM Lindsey Ballard Completed 03/07/2023 3:34 PM Board of County Commissioners Pending 03/22/2023 9:00 AM Packet Pg. 945 C.21.a ORDINANCE -2023 CL 0 U AN ORDINANCE OF THE MONROE COUNTY BOARD OF 0 COUNTY COMMISSIONERS REVISING ARTICLE III s a� OFFICERS AND EMPLOYEES, SECTION 2-58 COUNTY ADMINISTRATION; REVISING ARTICLE VI PURCHASING AND CONTRACTS, SECTION 2-346 DEFINITIONS, SECTION U) 2-347 COMPETITIVE BIDDING PROCEDURES, AND SECTION 2- 2-348 CHANGE ORDERS TO CONTRACTS OF THE MONROE COUNTY CODE; PROVIDING FOR AN INCREASE IN THE - COUNTY ADMINISTRATOR'S SIGNATORY AUTHORITY; PROVIDING FOR AN INCREASE IN THE AMOUNT OF GOODS 0 AND SERVICES SUBJECT TO THE COMPETITIVE SOLICITATION PROCEDURES; PROVIDING FOR AN INCREASE IN CHANGE ORDERS AUTHORIZED TO BE SIGNED BY THE COUNTY ADMINISTRATOR; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. U) WHEREAS, Monroe County Code (MCC) Section 2-58.-County administration. provides that the county administrator may execute agreements on behalf of the board, provided that said agreements are for an amount within the signature authority of less than $50,000.00 and this amount has not been adjusted since 2015 with the enactment of Ordinance No. 024-201 S; and U) WHEREAS, Monroe County Code Section 2-347.-Competetive bidding procedures. provides 0 that the competitive bidding procedures shall apply to all county contracts, except as otherwise stated in 0 Article VI, for services, goods and public works, that are, in accordance with generally accepted accounting principles, expected to cost$50,000.00 or more and has not been adjusted since 2012 with the enactment of Ordinance No. 006-2012; and 0 WHEREAS,Monroe County Code Section 2-348.-Change orders to contracts.provides that if the price of the item for which the change order is sought exceeds $25,000.00 or 5% of the contract, whichever is greater, then an explanation is to why the items are not the subject of a separate call for bids W must be provided; and WHEREAS,the cost of goods and services has increased since 2012 and in consideration of these increased cost and to provide some economy of scale,the amount of the competitive solicitation threshold should be increased; and WHEREAS, similarly the County Administrator's signatory authority in consideration of the increase cost and to provide some economy of scale, the amount of the County Administrator's signatory authority should be increased; and E c� Page 1 of 9 Packet Pg. 946 C.21.a WHEREAS, County staff has researched the procurement levels of the federal government and CL other counties in Florida; and 0 0 WHEREAS, the federal Simplified Acquisition Threshold (SAT)under 2 C.F.R. 200 is currently set at$250,000; and WHEREAS, the competitive solicitation threshold for other local governments varies, but the W proposed competitive threshold of$150,000 is comparable to thresholds of other local governments; and CL WHEREAS, County staff has researched the signatory authority of County Administrators in other counties in Florida; and 0 WHEREAS, the signatory authority threshold for county administrators varies, but the proposed E signatory authority threshold of $100,000 is comparable to other county administrator's signatory authority; and 0 WHEREAS, it is anticipated that by adjusting the competitive solicitation threshold and the County Administrator's signatory authority that this will allow for more efficiency in the procurement of M goods and services as needed for County operations and projects; and U) WHEREAS, the definitions set forth in MCC Sec. 2-346 shall be revised as set forth here to provide consistency with the Monroe County Purchasing Policy; CL 0 NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: 0 (ADDED LANGUAGE IS NOTED IN UNDERLINED TEXT AND DELETED LANGUAGE IS NOTED IN ST I ET-14 O rGa TEXT) c� SECTION 1: Sec. 2-58. - County administration. shall be amended to read as follows: 0 (a) County administration law adopted. The board of county commissioners hereby expressly adopts the county administration law as contained in F.S. ch. 125,pt. III (F.S. § 125.70 et seq.). N a� (b)County administrator;powers and duties. In addition to the power and duties set forth in F.S. § 125.74: (1) In case of a construction project or professional services that are the subject of previously E executed contracts, the county administrator is authorized without necessity of approval by the board of county commissioners: a. To approve, sign and execute change orders with each change order not to exceed $10-0,000.00 or five percent of the original contract price, whichever is greater. 0 Such change orders are noncumulative: in other words, each change order may be in the amounts described and need not be added together for the purposes of reaching a maximum per project or per service change order cost ceiling of$10-0,000.00 or five percent of the c� Page 2 of 9 Packet Pg. 947 C.21.a original contract price. However, before the county administrator may execute a change CL order authorized by this subsection, he must notify the members of the board of county 0 commissioners, at least 24 hours in advance, of his intention to execute the change order. The county administrator must provide a report at each monthly board of county commissioners meeting listing the change orders approved by him during the prior month and the reasons for those change orders; and U) 0 U) b. To extend a project's substantial completion date up to six months by written agreement to the previously approved contract. CL 4- 0 (2)In the case of selecting and employing county personnel,the county administrator is authorized without the necessity of approval of the board of county commissioners: 0 a. To approve and sign reimbursement requests for moving expenses of newly employed department heads or other key personnel as designated by the administrator, who reside outside of the county at the time of hire. The amount paid may not exceed $5,000.00; and b. To reimburse travel expenses of department director or other key personnel interviewees. U) (3)The county administrator may execute agreements on behalf of the board,provided that said agreements are for an amount within the administrator's signature authority of less CL than $10-50,000.00. If the county administrator authorizes a person to act as a designee, such person shall comply with F.S. § 112.3145, and the financial disclosure requirements set forth therein. All agreements will be in a form approved by the county attorney's office prior to execution. The county attorney may require approval or ratification of an 0 agreement by the board. In such cases, the board hereby determines that none of its discretionary authority is being exercised by the county administrator; rather, the execution of such agreements is in conformity with 0 fiscal decisions already made by the board. Agreements and reimbursements heretofore made by the administrator and that meet the criteria set forth in this section, as hereby ratified. c� ci SECTION 2: Section 2-346 Definitions. shall be amended to read as follows: Addendum. Additional directions or modifications during the county procurement process to a solicitation which is issued as a separate advisory document after issuance of such solicitation by the purchasing E director or his designee. c� Competitive bidding. Two or more bids or proposals submitted for the same item or services by responsible bidders. Competitive solicitation. Request for bids (RFB), request for proposals (RFP), request for qualifications (RFQ), requests for applications (RFA), request for information (RFI) or any other competitive solicitations authorized by general law to be exercised by non-charter counties. E c� Page 3 of 9 Packet Pg. 948 C.21.a CL Consultant's Competitive Negotiation Act(CCNA). The official name for F.S. § 287.055, relating to the 0 procurement of architectural, engineering, landscape architecture, and registered land surveying services. 0 These services shall be procured by request for qualifications, and competitive selection and negotiation. a� Contract. A written agreement between two or more competent parties to perform or not perform a U) specific act or acts.Any type of agreement regardless of what it is called for the procurement or disposal of U) supplies, services or construction. Contractor. Any person or firm having a contract with the county. County. Monroe County, a political subdivision of the State of Florida, or any of its authorized 0 representatives pursuant to ordinance, resolution, or administrative code. Department head. The person responsible for the operations of the department and employees within that department. 0 Evaluation or selection committee. The committee approved to review offers and responses to requests for proposals (RFP) and requests for qualifications (RFQ) in accordance with the policies and procedures of the purchasing department, and when required, in accordance with the State of Florida Competitive Consultants Negotiation Act(CCNA). CL Investigative services. For the purposes of this article, the term "investigative services" shall mean the services performed by an independent contractor or firm selected by the county through such person's training, expertise, and/or experience to investigate matters of concern to the county and to assist the court in determining the appropriation action to take. The term encompasses not only firms, individuals, and U) activities regulated under F.S. ch. 493,but also those activities exempted from regulation under and/or not 0 regulated by F.S. ch. 493. c� Legal services. Services of legal counsel authorized by the office of the county attorney, including,but not 0 limited to, expert witnesses, conflict counsel, division of administrative hearings (DOAH) services and other services required by the office of the county attorney. N ci OMB. The county's office of management and budget,which may also be referred to as the Department of Budget and Finance. Pre-bid conference (or pre proposal conference). A meeting held with prospective bidders prior to E solicitation of or the date for receipt of bids or proposals, to recognize state of the art limits, technical aspects, specifications, and standards relative to the subject, and to elicit expertise and bidders' interest in submitting a bid or pursuing the task. Proposal. An executed formal document submitted to the county stating the goods and/or services offered 0 to satisfy the need as requested in the request for proposal. E c� Page 4 of 9 Packet Pg. 949 C.21.a Professional services. An independent contractor in one of more of the following professional fields: CL appraisal services (as per F.S. 125.355); architecture,professional engineering, landscape architecture, or 0 registered land surveying services (as per F.S. 287.055) audit and accounting services; consultants in 0 planning, management, and technological or scientific advisors; financial services in rating and underwriting of bonds,financial advisors and investment services, legal services and medical services and as otherwise set forth in the Monroe County Purchasing Policy. U) 0 U) 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. 4- 0 Purchasing director. The person holding the position as head of the purchasing department. 0 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 programs. 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 defined. Evaluation of a bid is based upon price, conformance with the specifications and deemed submitted by a responsible bidder. U) 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 requests 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 RFI process. Request for proposal(RFP). 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 cannot reasonably be closely defined by the county. Evaluation of a proposal is based on prior established criteria which may include but may or may not be totally limited to price. 0 Request for qualifications (RFQ). A solicitation of responses from vendors whereby vendors are invited to submit a summary of their particular qualifications and to state their interest in performing a specific job or service for the county. From such submissions, the county selection committee determines which of N such vendors shall be short-listed, interviewed, and recommended to the board of county commissioners O for permission to negotiate for scope of work and fees. RequestiLg Department. The department or entity seeking to procure or purchase the goods or services. 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 good faith and performance. The county may also consider and give weight 0 to the bidder's previous conduct and performance under previous contracts with the county and other agencies (including but not limited to delinquency), and determine the quality of the bidder's previous work. E c� Page 5 of 9 Packet Pg. 950 C.21.a CL Responsive bidder. An individual or business which had submitted a bid, offer,proposal, quotation or 0 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 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 U) considered a technicality or irregularity which may be waived by the county commission. U) c� Responsive bid. A bid or proposal which conforms in all material respects to the request to bid or request CL for proposals. - Sole source. The only source of the item(s)which meets the needs of the using department as determined 0 by the required process under the Monroe County Purchasing Policies and Procedures. 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, wastewater, telephone, telecommunications, and cable television services. SECTION 3: Section 2-347(e) Competitive Bidding Procedures. shall be amended to read as follows: c� (e) This section applies to all county contracts, except as otherwise stated in this article, for services, goods, and public works, that are, in accordance with generally accepted accounting principles, expected to cost $150,000.00 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. U) (1) The county administrator may, in his discretion, require that contracts for services, goods or public works that are expected to cost less than $150,000.00 comply with the terms of this section. 0 (2) When the goods or services sought are expected to cost $150,000.00 or more and are available to the county through an existing contract between a vendor and the state,the N United States, or another county of the state, municipality, special district, or other governmental entity or not for profit association's competitively awarded contract,then compliance with the terms of this section is not required. However, before any purchase is made through an existing contract, the department head, if directed by the purchasing director or county administrator, must first 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 price is only of minor 0 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 offered the goods or services at a price lower than the c� Page 6 of 9 Packet Pg. 951 C.21.a 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 0 the county. c� (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 U) requesting department must provide written justification, as outlined in the Monroe U) County Purchasing Policies and Procedures, before approval of the contract or purchase is made. CL 4- 0 (4) 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 0 under those provisions of general law. (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; U) 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 U) defined in section 2-346; a c� 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, investigative services, interpreter services, court reporter services, and advertising services; a� e. Change orders authorized under a lawfully executed county/contractor contract; and c� f. All solid waste services including but not limited to collection franchise agreements and operations and maintenance agreements. g. All builder's risk insurance policies; or policies which due to the terms and conditions required by the county are exclusive in the market and thus not benefitted by the competitive bidding procedures. E c� Page 7 of 9 Packet Pg. 952 C.21.a CL SECTION 4: Section 2-348(d) Change Orders to Contracts. shall be amended to read as follows: 0 (d) All change orders must be accompanied by the following information: c� (1) A written explanation of why the change order is needed, containing the following information: U, 0 a. Why the item for which the change order is sought was not included in the original contract U) specifications; 2- b. If the item for which the change order is sought was included in the original specifications, - then what event or circumstance compels an increase in the contract price; and c. If the price of the item for which the change order is sought exceeds $1002-5,000.00 or five percent of the contract price,whichever is greater,then why are the items not the subject of a separate call for bids. (By way of example, and not by limitation, evidence of delay of the project or impairment of project coordination, could be reasons not to call for bids outside the contract.); 0 (2) If the project architect did not approve the items for which the change order is sought, then a detailed explanation as to why; and (3) If the change order is intended to correct an error or omission in a design document, a statement whether a claim under the applicable professional liability policy has or should be made. SECTION 5: SEVERABILITY. If any portion of this ordinance is for any reason held invalid or 9 declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of U, 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 U) circumstances. 2 c� SECTION 6: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. c� SECTION 7: 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 191h day of April, 2023. c� Mayor Craig Cates Mayor Pro Tem Holly Merrill Raschein Commissioner Michelle Lincoln Commissioner James K Scholl Commissioner David Rice a� E c� Page 8 of 9 Packet Pg. 953 E 0 (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA By: By: As Deputy Clerk Mayor 4- 0 0 E cn CN ci Page 9 of 9 Packet Pg. 954 ORDINANCE 024-2015 0 AN ORDINANCE OF THE MONROE COUNTY BOARD U) OF COUNTY COMMISSIONERS AMENDING SECTION 2-58 OF THE MONROE COUNTY CODE; PROVIDING FOR REVISIONS TO COUNTY ADMINISTRATION AND COUNTY ADMINISTRATOR POWERS AND DUTIES; PROVIDNG FOR REVISIONS AS IT RELATES TO THE COUNTY'S REORGANIZATION; 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. U) WHEREAS, Section 2-58 of the Monroe County Code (MCC) adopts F.S. Chapter 125, Part III County Administration (the County Administration Act of 1974); and U 0 WHEREAS, F.S. 125.74 enumerates the county administrator's statutory powers and duties; and g A WHEREAS, the Board of County Commissioners desires to authorize the county administrator to execute agreements on their behalf so long as the agreements are within his designated signatory authority; and r- 0 U 0 WHEREAS, Section 2-58 of the Monroe County Code should be revised to set forth the signature authority for agreements and otherwise clarify the county administrator's powers and duties as it relates to change orders and execution of contracts; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: 0 SECTION 1: Section 2-58 shall be amended to read as follows: Sec. 2-58. - County Administration. LO (a) County Administration law adopted: The board of county commissioners hereby expressly adopts the county administration law as contained in F.S. ch. 125, pt. III (F.S. § 125.70 et N seq.). N (b) County Administrator; powers and duties: In addition to the power and duties set forth in F.S. 125.74: (1) In case of a construction project or professional services that are the subject of zi previously executed contracts, the county administrator is authorized without necessity of approval by the board of county commissioners: c� a. To approve, sign and execute change orders with each change order not to exceed $50,000.00 or five percent (5%) of the original contract price, whichever is greater. 1 Packet Pg. 955 C.21.b Such change orders are noncumulative: in other words, each change order may be in the amounts described and need not be added together for the purposes of reaching a 22 maximum per project or per service change order cost ceiling of $50,000.00 or five percent of the original contract price. However, before the county administrator may execute a change order authorized by this subsection, he must notify the members of the ° board of county commissioners, at least 24 hours in advance, of his intention to execute the change order. The county administrator must provide a report at each monthly board of county commissioners meeting listing the change orders approved by him during the prior month and the reasons for those change orders; and b. To extend a project's substantial completion date up to six (6) months by written agreement to the previously approved contract. (2) In the case of selecting and employing County personnel, the county administrator is authorized without the necessity of approval of the board of county commissioners: ' a. To approve and sign reimbursement requests for moving expenses of newly employed department heads or other key personnel as designated by the administrator, who reside outside of the county at the time of hire. The amount paid may not exceed $5,000.00; and 0 b. To reimburse travel expenses of department director or other key personnel interviewees. r- (3) The county administrator may execute agreements on behalf of the board, provided that said agreements are for an amount within the administrator's signature authority of less than $50,000.00. If the county administrator authorizes a person to act as a designee, such person shall comply with Section 112.3145, Florida Statutes and the financial disclosure requirements set forth therein. All agreements will be in a form approved by the County Attorney's Office prior to execution. The County Attorney may require approval or U 0 ratification of an agreement by the board. ° In such cases, the board hereby determines that none of its discretionary authority is being 0 exercised by the county administrator; rather, the execution of such agreements is in conformity with fiscal decisions already made by the board. Agreements and reimbursements heretofore > made by the administrator and that meet the criteria set forth in this section, as hereby ratified. M 0 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 0. 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 LO applicability to any other person, property or circumstances. N SECTION 3: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of N 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, .i as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. c� SECTION 5: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be filed with ° 2 Packet Pg. 956 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 21st day of October, 2015. Mayor Danny Kolhage Yes Mayor Pro Tern Heather Carruthers Yes Commissioner George Neugent Yes Commissioner David Rice Yes Commissioner Sylvia Murphy Yes BOARD OF COUNTY COMMISSIONERS 0 A s . Y HEAVILIN, Clerk OF MONROE COUNTY, FLORIDA 23 c g' BY ty lerk Mayor/Chairperson c0 ` 0 A CHAT ( Y: L AriR n .� �. !=r _Y 0 0 CL CL LO CN E 3 Packet Pg. 957 i981 t0, C.21.b NOTICE Of IXT914TION TO CONSIDER ADOPTION Of THE REPORTER C0IJf4TY,"'oR0JNAWCE'' Published Weekly COX rltohamt Tavernier, Monroe County, Florida00 N y � �ss �� .fir ttur �r � y � B ._ ..nT= tra ' the, a r at Ihtu�CI*rn� CAI to t tar, 2?P# r r d, , ,#rod- V STATE OF FLORIDA lort ' j" of0 0My t 80 rri � COUNTY O F M O N RO Cirrkur �6 �r ned authority y county,,,', � ' �hdo t Before the undersigned Y personal) arw ad SN n N the appeared RICHARD TAMBORRINO who on t ii6 tNv cardinsnc :. oath, says that he is PUBLISHER of THEAN ORDJNAN09TE, REPORTER, a weekly newspaper published in MONR09,COVNTYaoA40 Tavernier, in Monroe County, Florida: that the OFdTy ct ° " s - tom $ attached copy of advertisement was published in $0110FITHEVONRO040W 0 said newspaper in the issues of: (date(s) of p,FOR publication) uW �, tNNN1 tNt U) �ST Nut` ' ° tEktt 0 VE N SING 0 t 'Rt' Itt AWN bt Affiant further says that the said THE NANCESJ I I a REPORTER is a newspaper published at HEREWHI8 V- a ` g , Florida, and FOR Na w t fot ' .5 Tavernier, in said Monroe County, THE � t! "�`" .5 that the said newspaper has heretofore been CODE of ORDINANCES' continuously published in said Monroe County, AND t ' -'Oft,AN Florida, each week (on Friday) and has been roty tr . entered as a second class mail matter at the purstjant,t6$ o' s.b1 s= � post office in Tavernier, in Monroe Count Fri St t i ,�tC0 w 0 p County, era that tt a.Norma decideslo o Florida, for a period of one year next preceding appwif any decision n* v the first publication of the attached copy of theBoard it re ttt any X Matt or considered at suoh 0- advertisement, The affiant further says that he hearinos or M,0001941 he Will has neither paid nor promised any person, firm, need r rant the tar A or corporation any discount, rebate, commission err , n t a, e poso,tag rru raeu�d tt tosu6 rateW to ro > or refund for the purpose of securing this oasts verbafifn regard of advertisement for publication in the said pr ceed,0 t made„Whit newspaper(s) and that The THE REPORTER is r�r )a� d�� f� s � �a� t� 76 in full compliance with Chapter 50 of the Florida State Statutes on Legal and Official Advertis is. ord � t dtt fir to, lot- LO�"� ftNu CN fptr r " Richard Tam orrino, Publisher ' CN tie ttr s , Sworn to and subscribed before me this Day of 2015 i� �uNq fl�artd 0 N ota ry c✓G PkNtt ,NraaN tt cis ,� (SEAL) eik ru the rddNCoUnt BEV(._Rl.Y fE'tAk:Ce.En _,..m.. r,.: rrrmmtruraer of MWroe � , raw Cap �C,hd�u ��tritt7 Cro tares; I ua Jr1 r Xf 40 1 p i r 2018 baubttsd trrsr ;�' a oJ€f wu.Eus oara�� u�ae�mmwmmu�w, nce r•m�"gym k T ` 6ft'r T ve ra' r,FL 33010 Packet Pg. 958 IR 4 a n r o A KEYS Ad#"1981257 Kwy, C I f I *OfNOTRX Of fNTtNTION TO Published Twice Weekly COUNTY Aa Marathon, Monroe County, Floridan ;STATE OF FLORIDAor� tram COUNTY OF MCiNROE 'oy �ftshy, r f nr Monroe county" Before the undersigned authority personally Flottos,the,Board of count � appeared RICHARD TAMBORRINO who on commisskmers of Monroe oath, says that he is PUBLISHER of the t"" s� ty°�to rE ,Erwi n rsrds the,atun * FLORIDA KEYS KEYNOTER, a twice weekly tott irr CC)uoty,ordinerwee. ' 0 newspaper published in Marathon, in Monroe Count Florida: that the attached co of A � btR N OF THE � Y� copy MA�F TY R I � advertisement was published in said t ,o j C $1 W o newspaper in the issues of: (date(s) of � AFR�tos�Tf ' - M ublication � RAF oouR- a �� `7 .3 � /6 ADD Coy TOR o roe R� t�o t Rat ff� f HE 0 �(4 Affiant further says that the said FLORIDA � �FAR , o y v� atfYt of O U) KEYS KEYNOTER is a newspaper published at f`� R� FAt• Marathon in said Monroe County, Florida and g Y fftFtyp FRytDk�� that the said newspaper has heretofore been IN,_ > continuously published in said Monroe County, T116 MONRO0.COUNTY Florida, twice each week (on Wednesday and oFOFRftRaF Saturday) and has been entered as a second EFFECTIVE E RTF AN ) r ;o �Y�oT�m U) class mail matter at the post office in � Marathon, in Monroe County, Florida, fora t"p " t " t U period of one year next preceding the first Ei�nth if,aPsudu ,nd t0 t � err t�wa ,�� r �0 � � publication of the attached copy of a0peal a ty citlb Yn do'b CL advertisement. The affiant further says that tnra teorarr ✓atfro rent to rr aid nor promised an traotr� 1tar t tv he has neither p p Y person, heari a rrr tt urn firm, or corporation any discount, rebate, r% tsar t r oftha'Or coo - as commission or refund for the purpose of ijj "'Srwdthot,for suchpr� > p P r. ra iwa rn y noel to ion ur securing this advertisement for publication in ihty °tarErortar the said newspaper(s) and that The Florida a0'ort gro° rtaa Keys Keynoter is in full compliance with . � o{ tfoio� nd or t m upon w Emtmrfw Chapter 50 of the Florida State Statutes on t� � batty. 0 Legal �� _ e"a Advertisements. ASSISTANCE.ADA tf;yu CL • _- tfdisAbItIty LO t wratf irk t 000 lot- CN t Ric and Ta borrino, Publish r ttta rrro�r ft � C° CN Sworn to and subscribed before me this fa ,M, tf .rmr„o t t r tt ra cis fE � 1 ooE r y [lay of 2015 t�"4wtold �� ftnt; if YOU tin r y 4Notar at 0y t, i rt 1',th 4 th afy rat S Ft nlbptz� E (SEAL) �' , t,02,A tLt ,t)W*4ft C�iur�M�r� � `oat .a'aa�+ fr� urvmmgwawwrreud mur�uw�rrw � _.. _.__m.. cwrk of the Boor uratt � G Y TRAEmGER c omoass�oner of Monroe �N#E E 1 Et7 4 County,Flory AA'wn 18 Jfli§ �i r Thai fd hr (unit hth ruuvr i+s p t � ,s t?t d d ,201 i Ronda,Kays Keynoter �,urc,7wrzr.aivanrkw..r., r �mr«��nem uaiw�rr+r "- Packet Pg. 959 Nttt�I r 1 ' KEY WEST STATE OF FLORIDA 2f.�ep.r Est,lam COUNTY OF MONROE dons, LLC � t 7 ; ' Before the undersigned authoritypersonallyappeared TommyTodd who on� t � � i , „t >w ,the oath says that he is Advertising Director of the Key West Citizen, a daily csrn is rrpro. lonme 'F777 newspaper published in Key West, in Monroe County, Florida; that the County,,Fjorl0*4otoda to considerthe,a�dptpriofth attached copy of advertisement, being a legal notice in the matter of fottcrsrin o .��..... AN CROt T S" comL �)�1 . ' . 64ii 664Of COUNTY 4� fi MIA IG �' a M W 604 T C10001. 0 FOR N0 p newspaper he issue(s) of, fit k ��r was published m said news a er in t 9 OVfiONG 00,11 REVISIONS cu It RUATP-0> . � Affiant further says that the Key West Citizen is a newspaper published in US t kiii, , 01tomtka" . Key West, in said Monroe County, Florida and that the said newspaper has 2 sev Ott " � I ' `� heretofore been continuously published in said Monroe County, Florida every a F .PlE_, ,F LL y p ty, INCON dayITH; , and has been entered as second-class mail matter at the post office in Key � t es West, in said Monroe County, Florida, for a period of 1 year next preceding a 'I CO 0 11 T14E the first publication of the attached copy of advertisement; and affiant further Ng S 0OWY, OE D PROV daiscountrebate neither a s pr sed any pern;°firm or c oration any y , r refun foie purpose of se using this I� �ont�� a� �� �.b1Ct > advertisement for blication in the said spaper. 0 FWddo wt tr.W,natr is,gWen that if,0,person de ids to, CL appeal any decision modo'by .._ the$oarO with respect to any akVW consider of irr�t eodr s �e � tgnature of Affiant > need a ceoord of the 67 prow edTalgo;ohdthat,for such purpose,he moy deod to 0 ensure that 'verbatim record of ra Sworn and subscribed before me this day of September, 2015 the pro"I " r d me ,4 which k `'� � Y p v�dtrndicrdaok%thdtdetiortr"and evidence upon which the 0 oppeol is to tie teased., >om DAWN KAWWZ6NSK N CL ; S$,J$``N1 ,Ifyou orb Notary Public: NorARY PUBLIC dr person 'dt lity ttCr TAT` OFFLORIDA q needs spec f rdm a'aidns Cornrn#EE157233 'ordor tcs ete irU this coro�Ynppleoocon�cttho /p° rrretrVrf tP � ft1 c14 unty tV c " Office, a �� �.. - y phoning, s.a p t t,,no`t r o five 4 1 Dawn Kawzinsky caendor"4ay0vifortothe Expires: 1/4/16 Notary Seal scheduled meeting,if you are, hearing or impaired,coil � Datoid at Key WW,/Flodds,this Personally Known x Produced Identification E 1 ath doh+of September,ZOI -- — AM y �1rtt�r � Type of Identification.Produced Mark court and ex oliflol t k of,thO toord of c r ut !l orris ionor of tiiior'aroodoonfyP lµlorido �Optemtrer�'r �l'1�i Key West it%eo Packet Pg. 960 E 0 FLORIDA DEPARTMENT 0 STATE RICK SCOTT KEN DETZNER Governor Secretary of State 0 November 3, 2015 0 U) Honorable Amy Heavilin Clerk of the Circuit Court 0 U Monroe County 0 500 Whitehead Street, Suite 101 U) Key West, Florida 33040 A Attention: Ms. Cheryl Robertson, Executive Aide Dear Ms. Heavilin: U, 0 Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your 0 electronic copy of Monroe County Ordinance No. 024-2015, which was filed in this office on November 3, 2015. A Sincerely, 0 Ernest L. Reddick 0 Program Administrator ELR/lb ` N N c� c� R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 • Facsimile: (850) 488-9879 www.dos.state.tl.us Packet Pg. 961 C.21.c ORDINANCE NO. 006 - 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 c 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. 0 U 0 WHEREAS, the Monroe County Code should be revised to address statutory U) changes, purchasing issues which occurred under the current language, and to provide r_ definitions to further clarify the competitive bidding procedure; and A 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 0 be increased; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA: SECTION 1. Sec. 2-346 of Article VI. PURCHASING AND CONTRACTS shall be created to read as follows: 0 Sec. 2-346 Definitions. Addendum. Additional directions or modifications during the county procurement process to a solicitation which is issued as a separate advisory N document after issuance of such solicitation by the purchasing director or his designee. Competitive bidding. Two or more bids or proposals submitted for the same item or services by responsible bidders. Zi Competitive solicitation. Request for bids (RFB), Request for proposals (RFP), Request for qualifications (RFQ), Requests for applications (RFA), Request for information (RFI) or any other competitive solicitations authorized by general law to be exercised by non-charter counties. CLEAN ORD Rev Purchasing Policy(KP)2/29/12 Page 1 of 11 Packet Pg. 962 C.21.c Consultant's Competitive Negotiation Act(CCNA). The official name for F.S. § 287.055, relating to the procurement of architectural, engineering, 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 supplies, services or construction. D Contractor. Any person or firm having a contract with the county. County. Monroe County, a political subdivision of the State of Florida, or any of its authorized representatives pursuant to ordinance, resolution, or administrative code. U) Department head. The person responsible for the operations of the D department and employees within that department. � Evaluation or Selection committee. The committee approved to review offers and responses to requests for proposals (RFP) and requests for qualifications (RFQ) in accordance with the policies and procedures of the purchasing department, and when required, in accordance with the State of Florida Competitive Consultants Negotiation Act(CCNA). D Legal services. Services of legal counsel authorized by the Office of the U County Attorney, including, but not limited to, expert witnesses, conflict counsel, Division of Administrative Hearings (DOAH) services and other services required by the Office of the County Attorney. OMB. The County's office of management and budget. > D Pre-bid conference (or pre-proposal conference). A meeting held with ° prospective bidders prior to solicitation of or the date for receipt of bids or proposals, to recognize state of the art limits, technical aspects, specifications, and standards relative to the subject, and to elicit expertise and bidders' interest in < submitting a bid or pursuing the task. N Proposal. An executed formal document submitted to the county stating the goods and/or services offered to satisfy the need as requested in the request for proposal. Professional Services. An independent contractor in one of more of the following professional fields: appraisal services (as per F.S. 125.355); audit and accounting services; consultants in planning, management, and technological or scientific advisors; financial services in rating and underwriting of bonds and investment services and medical services. CLEAN ORD Rev Purchasing Policy(KP)2/29/12 Page 2 of 11 Packet Pg. 963 C.21.c Purchase order. A document which authorizes the delivery of specific merchandise or the rendering of certain services and the making of a charge for 2 them. c U 2 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 programs. 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 defined. Evaluation of a bid is based upon price, conformance with the specifications and U) deemed submitted by a responsible bidder. Request for information (RFI). A written or electronically posted request O made by an agency to vendors for information concerning commodities or 0 contractual services. Responses to these requests are not offers and may not be accepted by the agency to form a binding contract. A letter of interest may or may g not be required as part of the RFI process. A Request for proposal (RFP). 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 cannot reasonably be closely 0 defined by the County. Evaluation of a proposal is based on prior established 0 criteria which may include but may or may not be totally limited to price. Request for qualifications (RFQ). A solicitation of responses from vendors whereby vendors are invited to submit a summary of their particular qualifications and to state their interest in performing a specific job or service for the county. From such submissions, the county selection committee determines which of such c vendors shall be short-listed, interviewed, and recommended to the board of county commissioners for permission to negotiate for scope 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 N experience, integrity, reliability and capacity, facilities, equipment and credit which give reasonable assurance of good faith and performance. The county may also consider and give weight to the bidder's previous conduct and performance under previous contracts with the county and other agencies (including but not limited to delinquency), and determine the quality of the bidder's previous work. Responsive bidder. An individual or business which had submitted a bid, offer, proposal, quotation or 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 CLEAN ORD Rev Purchasing Policy(KP)2/29/12 Page 3 of 11 Packet Pg. 964 C.21.c 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. a Responsive bid. 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 County Purchasing Policies and Procedures. 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, wastewater, telephone,telecommunications,and cable television services. SECTION 2. Sec. 2-347(e) shall be amended to read as follows: D (e) This section applies to all county contracts, except as otherwise stated in this 0 article, for services, goods, and public works, that are, in accordance with generally U accepted accounting principles, expected to cost $50,000 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 U comply with the terms of this section. (2) When the goods or services sought are expected to cost $50,000 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, special district, or other governmental entity or not for profit association's competitively awarded contract, then compliance with the terms of this section is not required. However, before any purchase is made through an existing contract, the department head must first 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 price 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 offered the goods or services at a 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 the county. c� CLEAN ORD Rev Purchasing Policy(KP)2/29/12 Page 4 of 11 Packet Pg. 965 C.21.c (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 justification, as outlined in the Monroe County Purchasing Policies and Procedures,before approval of the contract or purchase is made. (4) 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 designibuild 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 apply to the following: a. Professional service covered by the Consultants' Competitive Negotiation Act (F.S. §287.055). Other professional services may c be exempted by the BOCC from the competitive bidding process U 0 when price is only a minor concern compared to qualitative U) considerations; b. All purchases of services controlled by the public service A commission including but not limited to utility/local telephone services; C. Cellular telephone services; on-going payments and fees for maintenance and support of existing software technology which U has been purchased in accordance with existing procurement c 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 0 county/contractor contract 0 SECTION 3. Sec. 2-347(f) shall be amended to read as follows: (f) The competitive solicitations for contracts covered by this section must be made through published notice. (1) The published notice of competitive solicitations must set forth a brief summation of the service,goods or public work desired together with a description of where and from whom a potential bidder or proposer may obtain more detailed information. The notice must state that all responses to competitive solicitations submitted must be sealed and must be submitted to the purchasing department. The notice must state the date, time, and place where the responses to competitive solicitations will be opened. (2) The competitive solicitations notices shall comply with any applicable statutes and the requirements of the Monroe County Purchasing Policies and Procedures. CLEAN ORD Rev Purchasing Policy(KP)2/29/12 Page 5 of 11 Packet Pg. 966 C.21.c 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 specifications, including an electronic version, must be delivered to the custody of the county purchasing director by the department that prepared them. The purchasing 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 c specifications in the director's custody are controlling. Any amendments to the specifications or addendum must be made through the purchasing director who shall be responsible for notifying prospective bidders/proposers of the amendments or addendum. 0 A SECTION 5. Sec. 2-347(h) shall be amended as follows: (h) In order to determine if persons or entities submitting responses to competitive solicitations are responsible, all responses to competitive solicitations for contracts to be U awarded under this section must contain, at a minimum, the following information: 0 (1) A list of the person's or entity'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; 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 0 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 entity has operated under its present name and any prior names; (5) Answers to the following questions regarding claims and suits: a. Has the person, principals, 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 entity previously owned, operated or directed by CLEAN ORD Rev Purchasing Policy(KP)2/29/12 Page 6 of 11 Packet Pg. 967 C.21.c any of its officers, directors, or general partners? If yes, provide details; C. Has the person, principal of the entity, entity, or any entity previously owned, operated or directed by any of its officers, major shareholders or directors, within the last five (5) years, been a party to any lawsuit, 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, principal, controlling shareholder or major creditor c of the person or entity was an officer, director, general partner, c 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; A f. Customer references (minimum of three), including name, current ' address and current telephone number; g. Credit References (minimum of three), including name, current address and current telephone number; 0 h. Financial statements for the prior three years for the responding 0 entity or for any entity that is a subsidiary to the responding entity: and i. Any financial information requested by the county department involved in the competitive solicitation, 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 responding is responsible. N V The department requesting competitive solicitations and the county attorney reviewing N the competitive solicitations must make sure that all bid solicitations request the information required by 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 bidder or the highest ranked proposer is responsible in the view of the information received. In evaluating the information received, the requesting department is directed to give particular consideration in preparing their recommendation to the bidder's/proposer's responses to subsection (h)(5)a.-i. of this section. If the department or county attorney have a reasonable belief that any information furnished by a bidder/proposer is false, misleading CLEAN ORD Rev Purchasing Policy(KP)2/29/12 Page 7 of 11 Packet Pg. 968 C.21.c or omits relevant facts, the department is directed to investigate any lawfully available information resource in order to be able to adequately advise the board as to whether a bidder/proposer is responsible. If after the responses to competitive solicitations are received, it is discovered that a bidder/proposer misrepresented or omitted information required by subsection(h), then his bid/proposal shall 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 up to the date of the meeting of the board of county commissioners terminating the contract. The foregoing must appear in all contracts covered by this article. O SECTION 6. Sec. 2-347(i) shall be amended as follows: (i) Each bid for construction projects estimated to exceed $200,000 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 c company authorized to do business in the state. A project may not be divided into U O 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 section. 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 0 and commences performance, then the bid security will be returned. The bid securities of c 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: A (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 security may be returned only if the bidder 0 can show, to the satisfaction of the county OMB director, the following equitable factors: V- a. The bidder acted in good faith in submitting the bid; N b. In preparing the bid there was an error of such magnitude that enforcement of the bid would work a severe hardship upon the bidder; and c. The error was not a result of gross negligence or willful inattention. (2) All bids must be sealed and submitted to the purchasing director before the Zi time described in the published notice for the bid opening. All bids must be opened at the time and place described in the published notice. Any bid submitted after that time shall not be considered. CLEAN ORD Rev Purchasing Policy(KP)2/29/12 Page 8 of 11 Packet Pg. 969 C.21.c (3) 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 meaning: 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. c (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 accept the bid of the next lowest conforming responsible bidder and so on. 0 However, the board of county commissioners 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 0 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 a prospective contractor, the county is not liable or obligated to pay the bidder/prospective contractor any money N until the bid has been accepted by the board of county commissioners. SECTION 7. Sec. 2-3470) shall be amended to read as follows: c� 0) All responses must be sealed and submitted to the office of the county purchasing department before the time described in the published notice for the bid opening. 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. CLEAN ORD Rev Purchasing Policy(KP)2/29/12 Page 9 of 11 Packet Pg. 970 C.21.c (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 U) 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 applicable; whether a bid variation from the county'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. (2) Once the board of county commissioners has determined which response shall be awarded the contract, the board may vote to accept that proposal 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 proposer refuses to execute the contract or, if after the execution, refuses to commence performance, then the board may vote to accept the next highest ranked responsive responsible bidder and so on. However, the board of county commissioners at all times reserves the c right to waive variations from the specifications that do not render a bid U O nonconforming, to reject all competitive solicitations, re-advertise for competitive solicitations, or to abandon any project, purchase of goods, or request for competitive solicitations. A contract is not entered into until the board of county commissioners votes to accept a proposal 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 0 or work performed by a prospective contractor, the county is not liable or 0 obligated to pay the prospective contractor any money until the proposal has been accepted by the board of county commissioners. A SECTION 8. 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 M 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 0 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 C 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. c� CLEAN ORD Rev Purchasing Policy(KP)2/29/12 Page 10 of 11 Packet Pg. 971 C.21.c SECTION 11. 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), U) Florida Statutes. D U) PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 21st day of March , 2012. Mayor David Rice Yes Mayor Pro Tem Kim Wigington Yes Commissioner Heather Carruthers Yes .. :, -,!�ommissioner George Neugent Yes gpmissioner Sylvia Murphy Yes SAL) BOARD OF COUNTY COMMISSIONERS „ Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY,FLORIDA c U 0 U By By r Deputy Clerk Mayor airpers66-* '' U) n9 > C � s1 D .. o CL CD D D C CL E CLEAN ORD Rev Purchasing Policy(KP)2/29/12 Page 11 of 11 Packet Pg. 972 C.21.c MONROE COUNTY COURTHOUSE BRANCH �ouNT 500 WHLPEHEAD STREET,SUITE101 <• �c PLANTATION KEY KEY WEST,FLORIDA 33040 r'` ''•�P GOVERNMENT CENTER TEL. (305)294-4641 *_ * 88820 OVERSEAS HIGHWAY FAX(305) 295-3663 ;. :' PLANTATION KEY, FLORIDA 33070 0'4'• ....•'op TEL. (305)852-7145 BRANCH OFFICE: �couwt+F` FAX(305)852-7146 U) MARATHON SUB COURTHOUSE 6 3117 OVERSEAS HIGHWAY CLERK OF THE CIRCUIT COURT BOTH BUILDING U MARATHON, FLORIDA 33050 TEL. 305 MONROE COUNTY SO HIGH POINT ROAD ( )289-6027 PLANTATION KEY,FLORIDA 33070 FAx(305) 289-1745 www.clerk-of-the-court.com TEL. (305)852-7145 _ FAx(305)853-7440 April 4, 2012 0 Ms. Liz Cloud, Program Administrator Administrative Code & Weekly R.A. Gray Building 500 S Bronough Street Tallahassee FL 32399-0250 Via Certified Mail 70101670 0001 0244 7877 0 U Dear Ms. Cloud, 0 Enclosed please find a certified copy of Ordinance No. 006-2012 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 severability; providing for repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code 0 of Ordinances; and providing for an effective date. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting, held in formal session, on March 21, 2012. Please file for the record. Should you have any questions please feel free to contact me at(305) 295-3130. > 0 Respectfully submitted, 0 Danny L. Kolhage Clerk of the Circuit Court < and ex officio Clerk to the CNI Board of County Commissioners CN by: Pamela G. Hancock, D.C. cc: Municipal Code Corporation via e-mail County Attorney via e-mail Finance via e-mail c� OMB via e-mail File Packet Pg. 973 Postal CERTIFIED .. C.21.c ail OWY;No insurance Coverage Provided) Cc mmar- Postage $ Z`I(C3 ��ST, Certifr-fied Fee �� -k J> 0 Return Receipt Fee / � Postmark O 0 (Endorsement Required) AM Ha?20 Restricted Delivery Fee C3 (Endorsement Required) -� Total Postage&Fees 0 f 'q Pro r r (Js P S5 0 C Sent To A ministr ive I - _ Code and ee y p Sfieef,Apt Nft;A; 1MraV � .1,.� O a+ M1or POBoxN `.`7 oYilftg................... ------------ °an„ SOJIth B[OlLnUl.aStG@P,x_.._...._.. a 0 City,State,Z ___ allahassee, Florida 32399-0250 0 0 0 U 0 t� c A 0 U 0 A 0 76 0 CL CL CN CN w c� U Packet Pg. 974 SENDER: • • • - • . DELIVERY C.21.c ■ Complete Items 1,2,and 3.Also complete A. Signature Item 4 If Restricted Delivery is desired. X DEPT. OF STATE°`�e"t ■ Print your name and address on the reverse ❑Addrnmexwsee so that we can return the card to you. B. Received by(.�p(Igt fllpngpl,q C. Date of Delivery , ■ Attach this card to the back of the mailplece, At'I(lJ i LU G or on the front If space permits. D. Is delivery address different from item 1? ❑Yes U) 1. Article Addressed to: If YES,enter delivery address below: ❑No 0 Ms. Liz Cloud, Program Admin. R.A. Gray Building 500 S Bronough Street ° Tallahassee FL 32399-0250 3. Service Type XXCertified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise Ordinance Nos. 004 & 005-2012 ❑Insured Mail ❑C.O.D. 00 6. Z o r 12 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7 010 1670 0001 0244 7 8 7 7 (Transfer from service labeq -- _ ----- PS Form 3811,February 2004 Domestic Return Receipt C 102595-02-M-1540 U) C U C U) c A U) r- C U C A C C CL CL c14 c14 W c� U Packet Pg. 975 Ad#7056609 C.21.0 NOTICE OF INTENTION. CONSIDER ADOPTION OF COUNTY ORDINANCE EP aRTER NOTICE HEREBY GIVEN'THE ' TO WHOM IT MAY CONCERN'' that on?Maich 21,2012 at 3:00 or as soon thereafter;as e) maybe heard,at the P.O.Box 1197,'Tavernier,F133070 I Marathon Government O i Center,2798,Overseas 92655 Overseas Hwy,Tavernier F1 33 070 Highway;Mile Marker50, Phone 305- 852-3216 Fax 305- 852-0199 Marathon,Monroe County, Florida,the Board of County www.keysnet.com Commissioners of Monroe County,Florida,intends to p� T A consider the adoption of the C r RO O F O F P U B LI CATI O�p following County ordihance: ® AN ORDINANCE OF THE MONROECOUNTYBOARD STATE OF FLORIDA OF COUNTY COMMISSIONERS COUNTY OF MONROE CREATING SECTION2-346 Before the undersigned authority personally appeared AND AMENDING SECTION. 2-347OFTHE MONROE 0 WAYNE MARKHAM who on oath, says that he is COUNTY CODE;PROVIDING ° PUBLISHER of the THE REPORTER, a weekly FOR DEFINITIONS; newspaper published in Tavernier, in Monroe PROVIDING FORAM U INCREASE IN PURCHASING � ,U) County, Florida: that the attached copy__of AUTHORITY;PROVIDING advertisement was published in said newspaper in the FORAN-INCREASE TO THE AMOUNT OF CONTRACTS issues of: (date(s) ofpublication) - SUBJECTTOTHE COMPETITIVE BIDDING. O PROCEDURE;PROVIDING Cf(/� FORSEVERABILITY; O PROVIDING FOR REPEAL e) OF ALL ORDINANCES C INCONSISTENT HEREWITH; 0 PROVIDING FOR INCORPORATION INTO THE Affiant further says that the said THE REPORTER is MONROE COUNTY CODE OFORDINANCES;AND a newspaper published at Tavernier, in said Monroe PROVIDING FORAN County, Florida, and that the said newspaper has EFFECTIVE DATE. heretofore been continuously published in said Pursuant to Section 286.0105; C Monroe County, Florida, each week (on Friday) and Florida statutes,notice is given' C that if a person decides to 0 has been entered as a second class mail matter at the - appeal any decision made by post office in Tavernier, in Monroe County, Florida, the Board with respect to any for a period of one year next preceding the first matter considered at such , 'hearings or meetings,he will A publication of the attached copy of advertisement. need a record of the The affiant further says that he has neither paid nor proceedings,-and that,for such y purpose,he may need to promised any person, firm, or corporation any ensure that a verbatim record ' discount, rebate, commission or refund for the of the proceedings is made," 0 purpose of securing this advertisement for which record includes the p o testimony and evidence upon publication in the said newspaper(s) and that The which the appeal is to be; 0 THE REPORTER is in full compliance with Chapter ;..;based CL CL 50 of the Florida State Statutes on Legal and Official ADAASSISTANCE:If you are Advertisements. a person with a disability ' who needs special . CN accommodations in order to 'participate in this N 11fJO-4m, 0 proceeding;please contact W the County Administrator's Office,by.phoning(305) Wa e Mar P lisher j 292-4441,betweed the hours of8:30 a.m:-5:00 p.m.,no C i later than five(5)calendar !; days prior to the scheduled Sworn to and subscribed f e me meeting;if you are hearing'or ,this Day of :,•2012 I 'I' ; `•;�,'h ! voice impaired,call"711 ( sEAi : . ._,J_. °'' •e�' ';' ' " ;,j Dated at Key West,Florida,this �o RY& KATHLEEN BRYAN ?1st day of February,2012. aQ NOTARY PUBLIC ``tt i p DANNY L.KOLHAGE;Clerk of c5 o FLORIDA WN �— Utz3`a `u� ' Cle kthe ircuit ofthieBoardofCounty tart' Comm#EE140399 9� '� U+ �; Commissioners of Monroe s�4'CE 19,1V Expires 1?_'12%2- I County,Florida ' a3�E.� ,, Pu611shed.02/24/12 _ The Reporter- Tavernier,-FL-3 7 ' G"• 2 O� � Packet Pg. 976 o D l� FLORIDA KEYS -71 CD ' 3 . .s Published Twice Weekly Marathon, Monroe County, Florida a o PROOF OF PUBLICATION - `-' MONROE COUNTY BOARD Ad#7070500 OF COUNTY COMMISSIONERS ' STATE OF FLORIDA NOTICE OF INTENTION TO. CREATING SECTION 2-346 COUNTY OF MONROE CONSIDER ADOPTION OF AND AMEN DING SECTION COUNTY ORDINANCE' 2-347 OF THE MONROE Before the undersigned authority person- _ COUNTY CODE;PROVIDING all appeared WAYNE MARKHAM who On NOTICEISHEREBYGIVEIJ FORDEFINITIONS; Y PP TO WHOM IT MAY CONCERN PROVIDING FORAN oath, says that he is PUBLISHER of the thatoi March21,2012ab306' INCREASE IN PURCHASING FLORIDA KEYS KEYNOTER a twice P•M.;oras soon thereafteras- AUTHORITY;PROVIDING may be heard,at the. FOR AN INCREASE TO THE • C weekly newspaper published In Marathon, ' Marathon Government AMOUNT OF CONTRACTS in Monroe County Florida: that the Center,27980verseas SUBJECTTOTHE, Highway,Mile Marker 50, COMPETITIVE BIDDING attached- copy of advertisement was Marathon,Monro6Courity, PROCEDURE;PROVIDING eC ublished in said news a in the issues Florida-,the Board of County FORSEVERA-BILITY p P Per Commissioners of Monroe PROVIDING FOR REPEAL of: (date(s) of public t/on) County,Florida,intends to OFALLORDINANCES consider the adoption of the' INCONSISTENT HEREWITH; Se��� following County ordinance:, PROVIDING FOR ' a'`i'� INCORPORATION INTO THE AN ORDINANCE OFTHE MONROE COUNTY CODE OF 0 CONTINUED IN THE NEXTCO[uMNj ORDINANCES;AND U) PROVIDING FOR AN a J "EFFECTIVE DATE. - 2 Affiant further says that the said FLORIDA Pursuantto Section'286.0105, published Florida statutes,notice is given KEYS KEYNOTER is a newspaper P _ _ _ ,._ _ _._ ?that if a person decides to at Marathon, in said Monroe County, appeal any decision made by Florida, and that the said newspaper has the Board withred at sucht to �y matter considered at such � heretofore been continuously published in hearings ormeetings,hewill 0 said Monroe County wice each proceeneed adings, ings,aecord dth � Florida,r 'proceedings,and that,forsuch.the � week (on Wednesday and Saturday) and purpose,he may need to ensurhas been entered as a second class mail of toceedihat a gsi verbatim of the proceedings is made,.: U) matter at the post office in Marathon, in which record includes the -testMonroe County, Florida, for period of `whichtheony a pelisto- e. i Y P ' which the appeal is to be y one year next preceding the first '; based. . { publication of the attached copy of e ADA ASSISTANCE:If you are i 0 advertisement. The affiant further says iapeesonwithadisability who that he has neither paid nor promised any ac.com odatio sI accommodations in order to person, firm, Or corporation any discount, participate.in this' C, tact CL rebate, commission or refund for the "the County leaseconor's "the CountyAdminlstrator's purpose of securing this advertisement for Office,by phoning(305)' 2924"1,publication in the said newspaper(s) and of8:30a.m. tweentp.,no s j p ;of 8:30 a.m.-S:OO;p.m.,no � � that The Florida Keys Keynoter is in full later than five(5)calendar compliance with Chapter 50 of the Florida daystin;;I to u ahe re scheduled i Q p p meeting;If you are hearing or i State Statutes on Legal and Official voice Impaired,call711., j Advertisements. Dated at Key West,Florida,this 21 st day of February,2012. DANNY L.KOLHAGE;Clerk of ' the Circuit Court and ex officio Clerk of the Board of County Sworn to a sub r' a efore me Commissioners of Monroe thi�7S of r , 2012 County,Florida E Published 02/25/12' ;Florida Keys Keynoter (SEAL) tAR qss KATHLEEN BRYAN a `NOTARY PUBLIC o c STATE OF FLORIDA ?Comm#EE140399 Q Y ota y Expires 12/12/2015 OoLo Packet Pg. 977 -v KEYQWEST STATE OF FLORIDA -TIUEN Ony Da t COUNTY OF MONROE he F1orlW Keys Dy IWwapeper,Est. Cooke Communications,LLC Florida Keys U) PO Box 1800 Before the undersigned authority personally appeared Randy G. Erickson, Key West FI 33041 who on oath says that he is Vice-President of Operations of the Key West ' Office....305-292-7777 Citizen, a daily newspaper published in Key West, in Monroe County, Extension........x219 Florida; that the attached copy of advertisement, being a legal notice in the Fax.......305-295-8025 matter of legalsAkeysnews,corn I AJA\C,e- T"X)4eN� � r 0 ji o,j d� O Z d)s✓,4AC'- INTERNET PUBLISHING M keywest.com it' keysnews.com �tv L a,4A At U SIN pU I(�C11 • floridakeys.com y � key-west.com Web Design Services was published in said newspaper in the issue(s) of NEWSPAPERS A�`J � y -ZU , z The Citizen 0 Southernmost Flyer f U Solares Hill Affiant further says that the Key West Citizen is a newspaper published in 2 Big Pine Free Press Marathon Free Press Key West, in said Monroe County, Florida and that the said newspaper has Islamorada Free Press heretofore been continuously published in said Monroe County, Florida every Ln Key Largo Free Press day, and has been entered as second-class mail matter at the post office in Key MARKETING SERVICES West, in said Monroe County, Florida, for a period of 1 year next preceding Commercial Printing Citizen Locals Card the first publication of the attached copy of advertisement; and afiant further :2 Direct Mail says that he has neither paid nor promised any person, firm or corporation any q FLORIDA KEYS OFFICES discount, rebate, commission or refund for the purpose of securing this c Printing/Main Facility advertisement for publication in the said newspaper. 3420 Northside Drive CL Key West, FL 33040-1800 Tel 305-292-7777 Fax 305-294-0768 > citizennakeywest.com Signature of Affiant M 0 Internet Division ' 33040-3328 > Tel 305-292-1880 CL Sworn and subscribed before me this day off �1 nJ,= , 2012 Fax 305-294-1699CL sales@keywest.com < c14 Upper Keys Office Notary Public: DAWN KAWZINSKY 4 91731 Overseas Hwy _ $wEis cN Tavernier, FL 33070 NOTARY PUBLIC Tel 305-853-7277 STATE OFFLORIDA Fax 305-853-0556 Comm#EE157233 freepress@floridakeys.comExpires 1/4/2016 aAAJ-1A k��D Expires: 1/4/16 Notary .r- t o J0 Personally Known x Produced Identification a -' --a __0 Type of Identification Produced - C o Packet Pg. 978 NOTICE OF INTENTION TO CONSIDER ADOPTIOU OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on March 21,2012 at 3:00 P.M., or as soon thereafter as may be 0 heard,at the Marathon Government Center,2798 Overseas Highway,Mile Marker 50,Marathon,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 0 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CREATING SECTION 2-346 AND AMENDING SECTION 2-347 OF 0 THE MONROE COUNTY CODE; i PROVIDING FOR DEFINITIONS; PROVIDING FOR AN INCREASE IN PURCHASING AUTHORITY; PROVIDING FOR AN INCREASE ; TO THE AMOUNT OF CONTRACTS SUBJECT TO THE ! t COMPETITIVE BIDDING PROCEDURE;PROVIDING FOR I 0SEVERABILITY;PROVIDING FOR REPEAL OF ALL 0 ORDINANCES INCONSISTENT ' HEREWITH;PROVIDING FOR , °y INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES;AND PROVIDING ' FOR AN EFFECTIVE DATE. U) U) I Pursuant to. Seetioh 286.0105, 0 Florida Statutes, notice is given U oD that if a person decides to appeal any decision made by the Board CL with respect to any matter_• e) considered 'at such hearings or meetings, he will need a record of the proceedings,. and that, for f such, purpose, he may need to ensure that a verbatim record of ' 0 i the proceedings is-made, which record includes the testimony and evidence upon,which the appeal is to be based. C. CL ADA ASS/STANCE.• lf.you are a o person with a disability who needs c14 i special accommodations in order . to participate in this proceeding, , C14 please contact the County Admire- istrator's Dice, by pioning(305) 292-4441, between the hours of ' B.30a.m. -5.•00p.m.,•nolaterthan five(5)calendar days prior to the scheduled meeting- if you are hearing or voice. impaired, 'call. 711': Dated at Key West, Florida, this 21 st day of February,2012.' DANNY L.KOLHAGE, �. Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County,Florida February 24,2012 - - Packet Pg. 979 C.21.c E 1 � � r FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State April 11, 2012 Honorable Danny L. Kolhage Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West,Florida 33040 0 e. Attention: Ms. Pamela G. Hancock, Deputy Clerk Dear Mr. Kolhage: g Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your letters dated April 4, 2012 and certified copies of Monroe County Ordinance Nos. 004-2012 through 006-2012, which were filed in this office on April 9, 2012. c� Sincerely, c 0 a� Liz Clou Program Administrator 0 LC/srd 0- c� o Cr) �J © E R. A. Gray Building 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 • Facsimile: (850) 245-6282 www.dos.state.fl.us Packet Pg. 980 C.21.d County Administrator Signatory/Purchasing Authority and Formal Procurement Thresholds for Florida Counties 25 of the 67 Counties Reviewed to Date--Review Ongoing Proposed: $100,000.00 $150,000.00 CL CL Threshold for Cou my Administrator Threshold For County Approval Sealed Bid Alachua County $49,999.99 $50,000.00 Baker County $10,000.00 $50,000.00 Bay County $149,999.99 $150,000.00 Clay County $49,999.99 $50,000.00 Collier County $49,999.99 $50,000.00 DeSoto County $24,999.99 $25,000.00 CL Hernando County $34,999.99 $35,000.00 Indian River County $75,000.00 L_ E Jackson County $14,999.99 $15,000.00 Lee County $99,999.99 $100,000.00 Leon County $250,000.00 $100,000.01 Marion County $49,999.99 $50,000.00 Martin County $499,999.99 $35,000.00 Miami-Dade County $250,000.00 $250,000.01 Nassau County $49,999.99 $50,000.00 Okaloosa County $100,000.00 $50,000.01 CLI Orange County $100,000.00 $150,000.01 Palm Beach County $199,999.99 $100,000.00 Pasco County $100,000.00 $100,000.01 Pinellas County $250,000.00 $100,000.01 St. Johns County $99,999.99 $50,000.00 St. Lucie County $49,999.99 $50,000.00 Santa Rosa County $35,000.00 $35,000.01 Sarasota County $150,000.00 $150,000.01 U Volusia County $49,999.99 $50,000.00 E Packet Pg. 981 C.21.e 2022 Monroe County Bids xduding Surplus Sales,Ins u nre,Revenue Bonds,Revenue Gen-ingltemc—Funding Applirad—and Bids,—Al in Publir Pir—,Bids 18 out of 56o 18%-he bids we re forprorur n1,a1 or under the proposed threshold of$158,888 Bid Amount or Anticipated Cost of Contract V) Number of Less than $50,000 to $100,000.01 to $150,000.01 $250,000.01 $500,000.01 0 6 Bid Name Respondents $50,000 $100,000 $150,000.00 to$250,000 to$500,000 to$1 million $1 million Notes On-call contract—amount based on V) Airport Financial Consultant Services 2 priorwork On-call contract—amount based on Airport General Consultant Services 3 X priorwork d.a On-call contract—amount based on Air Service Development Consultant Services 1 x priorwork Backfill Restoration Water Quality Improvement Projects Canal#25 Key Largo Backfill Restoration Water Quality Improvement Projects Canal#28 Key Largo 4 Backfill Restoration Water Quality Improvement Projects Canal#90 Hammer Point Park,Key Largo 2 n Ballfield Maintenance-Multiple Locations 0 No bidders—rebid in 2022 0 Ballfield Maintenance-Multiple Locations REBID 3 Commercial Apron Expansion and Mitigation 1 d.a Construction And it ng Services 1 0n-ca I contract Construction Engineering and Inspection(CEI)for SandsSubit ivision Sea Level Rise Pilot Project 3 Courier Services 1 Culvert Installation Water Quality Improvement Project Canal#259 Big Pine ' Key 1 Culvert Installation Project,Canal 259 Big Pine Key,FL—REBID 2 Culvert Installation Water Quality Improvement Project Canal#475 Geiger Key, 3 x x V) Demolition,Removal and Disposal Servicesforthe Community Block Grant- p Disaster Recovery(CDBG-DR)Voluntary Home Buyout Program 1 x8� East Martello Fort Museum Drainage Improvements Phase III 1 East Martello Roof Phase II 4 Engineering Design and Permitting Services for Mosquito Creek and Tubby's V Creek Bridge Replacement 4 Exterior Painting of Big Pine Fire Station 5 x x x 0 EVW New Beacon Pole and Relocate Existing 2 Bid rejected—rebid in2023 ' Fire Alarm,Panic Alarm,and Security System Annual Certification, V) Maintenance,Repair and Monitoring 2 x 9= Florida Keys Overseas Heritage Trail Connection at Cudjoe Gardens 1 x 0 n� Florida Keys Overseas Heritage Trail Connection at Cudjoe Gardens—REBID 2 x '> Grant Writing and Administrative Services 5 On-call contract Historic Courthouse Door Replacement and Repair 2 x Hurricane Irma Boca Chica Road Repairs Project 2 x '�. Key Largo Park Walking Path Asphalt Repair 2 Key West International Airport Noise Insulation Program Construction of Key West by the Sea—FINAL PHASE 2 Key West Lighthouse Oil Display and Tower Repairs 2 0 LED Lighting Upgrade and Ceiling Tile Replacement for Big Pine Key Library 4 Lift Stations Maintenance and Cleaning—Upper Keys 1 d+ M CSO Stock Island Flood Protection Panels 4 Monroe County Historic Jail Museum Buildout 4 x x X MTH Chiller Replacement 2 MTH Storage Hangars Rehabilitation 2 Notice of Unsolicited Proposal For Public-Private Partnership Opportunity Based on contract from unsolicited for Construction of the Sugarloaf Fire Station Project x bid Perimeter Fence,Maintenance,Repair&Modification Key West International Airport 1 x > Pest Control-Lower Keys 2 On-call contract—amount based on M Professional Architectural and Engineering Continuing Services Contract 11 x priorwork 0 Professional Architectural and Engineering Servicesfor Facility Assessment d.a and Design of Wind-Retrofits at 10 County Buildings 4 Professional Architectural and Engineering Servicesfor Jefferson Browne > Redevelopment 1 x 0 Professional Construction,Engineering,and Inspection Services for the L" Seaview Drive Bridge Replacement Project 2 x CL Professional Engineering Continuing Services Contract 12 x Bid rejected—rebid in 2022 �yy Professional Engineering Continuing Services Contract REBID 5 x Public Defender 16th Judicial Circuit-Key West Offices 3 Relocate Rwy 7-25 Phase 1-Tree Clearing 0 No bidders—rebid in 2022 3 Relocate Rwy 7-25 Phase 1-Tree Clearing REBID 2 Replacement and Installation of Fire Wells in Monroe County 2 x x Sands SLR Roadway and Drainage Pilot Project 1 x Bid rejected—rebid in 2023 Seaview Drive Bridge#904606 Replacement Project 1 Updates of 2009 Geospatial Land Cover Dataset and Tier Overlay District Maps for the Florida Keys 2 Upper Keys Landscaping Maintenance Multiple Locations 3 x Bid rejected—rebid in 2022 0 Upper Keys Landscaping Maintenance Multiple Locations REBID 3 x U Veterans Memorial Pa rk ADA Pavilion Ti ki Huts Replacements 5 x x 0) West Martello Seawall Hurricane Repairs 2 x 0 0 CN E b Packet Pg. 982 C.21.f Cost of Goods and Services 5/16/2012 BOCC Meeting-Purchasing level updated to $50,0000.00 Date: CPIU Increase % 12/31/2012 $ 50,000 1.7% $ 850.0 $ 50,850.0 12/31/2013 $ 50,850 1.5% $ 762.8 $ 51,612.8 12/31/2014 $ 51,613 0.8% $ 412.9 $ 52,025.7 12/31/2015 $ 52,026 0.7% $ 364.2 $ 52,389.8 12/31/2016 $ 52,390 2.1% $ 1,100.2 $ 53,490.0 12/31/2017 $ 53,490 2.1% $ 1,123.3 $ 54,613.3 12/31/2018 $ 54,613 1.9% $ 1,037.7 $ 55,651.0 12/31/2019 $ 55,651 2.3% $ 1,280.0 $ 56,930.9 12/31/2020 $ 56,931 1.4% $ 797.0 $ 57,728.0 12/31/2021 $ 57,728 7.0% $ 4,041.0 $ 61,768.9 12/31/2022 $ 61,769 6.5% $ 4,015.0 $ 65,783.9 Tota I 0 U 0 *Consumer Price Index, Miami-Fort Lauderdale-West Palm Beach — December 2022 Area prices up 9.9 percent over the past 12 months $67,884 g South Florida Buying Power 2011 $50,000 to 2023 $67,526 0 c� CL 0 A 0 CL CL CL c� Packet Pg. 983