Item P6 P.6
County f � .�� ",�, 1 BOARD OF COUNTY COMMISSIONERS
Mayor Craig Cates,District 1
Mayor Pro Tem Holly Merrill Raschein,District 5
The Florida Keys
Michelle Lincoln,District 2
James K.Scholl,District 3
David Rice,District 4
County Commission Meeting
April 19, 2023
Agenda Item Number: P.6
Agenda Item Summary #11963
BULK ITEM: No DEPARTMENT: Budget and Finance
TIME APPROXIMATE: STAFF CONTACT: Julie Cuneo (305) 292-4460
N/A
AGENDA ITEM WORDING: 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 is to hold a Public Hearing 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 not been adjusted since 2012 with the
enactment of Ordinance No. 006-2012. The cost of goods and services has increased since 2012 and
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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 approved advertising this Public Hearing at its March 22, 2023 meeting.
The Board enacted Ordinance No. 006-2012 on March 21, 2012, increasing the competitive bidding
threshold to $50,000.
The Board enacted Ordinance No. 024-2015 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. 2-58, Sec. 2-346, Sec. 2-347 and Sec. 2-348
Ordinance 006-2012
Ordinance 024-2015
2022 Monroe County Bids
CPI Analysis
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Notice of Intent for 4-19-23 BOCC Meeting
Approval and Formal Procurement Thresholds
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:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: N/A
Additional Details:
N/A
REVIEWED BY:
Christine Limbert Completed 04/04/2023 1:54 PM
Tina Boan Completed 04/04/2023 2:52 PM
Lindsey Ballard Completed 04/04/2023 3:09 PM
Board of County Commissioners Pending 04/19/2023 9:00 AM
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ORDINANCE -2023 0
AN ORDINANCE OF THE MONROE COUNTY BOARD OF U)
COUNTY COMMISSIONERS REVISING ARTICLE III
OFFICERS AND EMPLOYEES, SECTION 2-58 COUNTY
ADMINISTRATION; REVISING ARTICLE VI PURCHASING U
AND CONTRACTS, SECTION 2-346 DEFINITIONS, SECTION 2- 0
347 COMPETITIVE BIDDING PROCEDURES, AND SECTION 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
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AND SERVICES SUBJECT TO THE COMPETITIVE C
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 00
ORDINANCES INCONSISTENT HEREWITH; AND PROVIDING
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FOR AN EFFECTIVE DATE.
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WHEREAS,Monroe County Code(MCC)Section 2-58.-County administration.provides that the C
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
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WHEREAS,Monroe County Code Section 2-347.-Competetive bidding procedures.provides that ce
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 has not been adjusted since 2012 with the enactment
of Ordinance No. 006-2012; and 0
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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 must be S
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
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should be increased; and
WHEREAS, similarly the County Administrator's signatory authority in consideration of the
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increase cost and to provide some economy of scale, the amount of the County Administrator's signatory a
authority should be increased; and
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WHEREAS, County staff has researched the procurement levels of the federal government and 0
other counties in Florida; and
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WHEREAS, the federal Simplified Acquisition Threshold (SAT)under 2 C.F.R. 200 is currently
set at$250,000; and
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WHEREAS, the competitive solicitation threshold for other local governments varies, but the 0
proposed competitive threshold of$150,000 is comparable to thresholds of other local governments; and
WHEREAS, County staff has researched the signatory authority of County Administrators in
other counties in Florida; and
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WHEREAS, the signatory authority threshold for county administrators varies, but the proposed C
signatory authority threshold of $100,000 is comparable to other county administrator's signatory U
authority; and
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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
goods and services as needed for County operations and projects; andLO
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WHEREAS, the definitions set forth in MCC Sec. 2-346 shall be revised as set forth here to
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provide consistency with the Monroe County Purchasing Policy;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY N
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) N
SECTION 1: Sec. 2-58. - County administration. shall be amended to read as follows:
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(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.).
(b) County administrator;powers and duties. In addition to the power and duties set forth in F.S. §
125.74:
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(1) In case of a construction project or professional services that are the subject of previously
executed contracts, the county administrator is authorized without necessity of approval by the CU
board of county commissioners:
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a. To approve, sign and execute change orders with each change order not to exceed a
$10-0,000.00 or five percent of the original contract price, whichever is greater.
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
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maximum per project or per service change order cost ceiling of$10-0,000.00 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 U)
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 0
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prior month and the reasons for those change orders; and 0
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b. To extend a project's substantial completion date up to six months by written
agreement to the previously approved contract.
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(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
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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 P:.
outside of the county at the time of hire. The amount paid may not exceed $5,000.00; and 00
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b. To reimburse travel expenses of department director or other key personnel N;
interviewees. LO
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(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 �ha* $10-0,000.00. If the county administrator authorizes a person to act as a N
designee, such person shall comply with F.S. § 112.3145, and the financial disclosure 0
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 agreement by the board. N
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In such cases, the board hereby determines that none of its discretionary authority is being 06
exercised by the county administrator; rather, the execution of such agreements is in conformity with N
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.
SECTION 2: Section 2-346 Definitions. shall be amended to read as follows:
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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 director or his designee. CU
Competitive bidding. Two or more bids or proposals submitted for the same item or services by
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responsible bidders.
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Competitive solicitation. Request for bids (RFB), request for proposals (RFP), request for qualifications 0
(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.
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Consultant's Competitive Negotiation Act(CCNA). The official name for F.S. § 287.055, relating to the as
procurement of architectural, engineering, landscape architecture, and registered land surveying 0
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services. These services shall be procured by request for qualifications, and competitive selection and 0
negotiation. U)
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.
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Contractor. Any person or firm having a contract with the county. U
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County. Monroe County, a political subdivision of the State of Florida, or any of its authorized ,:
representatives pursuant to ordinance, resolution, or administrative code. 00
Department head. The person responsible for the operations of the department and employees within N;
that department. LO
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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 N
Competitive Consultants Negotiation Act(CCNA).
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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
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training, expertise, and/or experience to investigate matters of concern to the county and to assist the
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court in determining the appropriation action to take. The term encompasses not only firms, individuals, 0;
and activities regulated under F.S. ch. 493, but also those activities exempted from regulation under N
and/or not regulated by F.S. ch. 493.
Legal services. Services of legal counsel authorized by the office of the 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. �E
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
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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.
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Proposal. An executed formal document submitted to the county stating the goods and/or services 0
offered to satisfy the need as requested in the request for proposal.
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Professional services. An independent contractor in one of more of the following professional fields:
appraisal services (as per F.S. 125.355); architecture, professional engineering, landscape architecture, as
or registered land surveying services (as per F.S. 287.055) audit and accounting services; consultants in 0
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planning, management, and technological or scientific advisors; financial services in rating and 0
underwriting of bonds, financial advisors and investment services, legal services and medical services U)
and as otherwise set forth in the Monroe County Purchasing _PolicY. gPolicX. g
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.
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Purchasing director. The person holding the position as head of the purchasing department. U
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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. CO
Request for bids (RFB). A solicitation of the responses for prices and terms for procurement of goods C;
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
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deemed submitted by a responsible bidder.
Request for information (RFI). A written or electronically posted request made by an agency to vendors `N
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 C
not be required as part of the RFI process.
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Request for proposal(RFP). A solicitation of the responses for prices and terms for procurement of
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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 CN
established 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 E
of such vendors shall be short-listed, interviewed, and recommended to the board of county
commissioners for permission to negotiate for scope of work and fees.
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ReguestingDepartment. The department or entity seeking to procure or purchase the goods or servicesto procure or purchase the goods or services.
Responsible bidder. An individual or business which has submitted a bid, offer,proposal, quotation, or a
response which, as determined by the county, has the capability in all respects to perform fully the Zi
contract requirements and the experience, integrity, reliability and capacity, facilities, equipment and 0
credit which give reasonable assurance of good faith and performance. The county may also consider
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and give weight to the bidder's previous conduct and performance under previous contracts with the 0
county and other agencies (including but not limited to delinquency), and determine the quality of the C
bidder's previous work. U)
Responsive bidder. An individual or business which had submitted a bid, offer,proposal, quotation or as
response which, as determined by the county, conforms in all material respects to the solicitation which 0
may include but is not limited to pricing, surety, insurance, specifications of the goods or services 0
requested or any other matter unequivocally stated in the invitation for bids as a determinant of U)
responsiveness. A lack of conformity in these matters which is nonsubstantive in nature may be g
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considered a technicality or irregularity which may be waived by the county commission.
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Responsive bid. A bid or proposal which conforms in all material respects to the request to bid or request 2
for proposals. C
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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. P:
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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. LO
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SECTION 3: Section 2-347(e)Competitive Bidding Procedures. shall be amended to read as follows:
(e) This section applies to all county contracts, except as otherwise stated in this article, for services, C�
goods, and public works, that are, in accordance with generally accepted accounting principles,
expected to cost more than$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. N
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(1) The county administrator may, in his discretion, require that contracts for services
goods or public works that are expected to cost less than $150,000.010 comply with 1
the terms of this section. ci
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(2) When the goods or services sought are expected to cost more than$150,000.00 or-more
and are available to the county through an existing contract between a vendor and the a
state, the United States, or another county of the state, municipality, special district, or E
other governmental entity or not for profit association's competitively awarded
contract, then compliance with the terms of this section is not required. However, a
before any purchase is made through an existing contract, the department head, if E
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
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at a lower price than the price of the existing contract. If the goods or services are a
available from another vendor at a lower price than the existing contract, then the
contract for the goods or services mtts may either be awarded to that vendor or a 0
competitive solicitation may be issued by the Requesting Department, unless the price
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is only of minor concern compared to the qualitative considerations. The purchase of 0
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 U)
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. 0
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(3) When the goods or services to be purchased are only available from a sole source,then U)
the purchase may be exempt from this section. However, the department head of the .2
rRequesting Department must provide written justification, as outlined in the Monroe
County Purchasing Policies and Procedures,before approval of the contract or purchase
is made.
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(4) Persons who design county construction projects, or provide the specifications to the U
county for such projects or provide the specifications for any goods or services, are X
prohibited from bidding on the project construction work and are prohibited from P:.
bidding on the provision of the goods or services. This prohibition does not apply to 00
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 6
under those provisions of general law. LO
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(5) The competitive bidding procedures are not required to apply to the following:
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a. Professional service covered by the Consultants' Competitive Negotiation Act (F.S. §
287.055) shall follow the statutory procedures. Other professional services may be LO
exempted by the BOCC from the competitive bidding process when price is only a minor
concern compared to qualitative considerations;
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b. All purchases of services controlled by the public service commission or other LO
governmental authority including but not limited to utility/local telephone services as 00
defined in section 2-346; N
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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;
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d. Legal services, lobbying services, investigative services,interpreter services,court reporter CU
services, and advertising services;
e. Change orders authorized under a lawfully executed county/contractor contract; andCU
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f. All solid waste services including but not limited to collection franchise agreements and
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operations and maintenance agreements.
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g. All builder's risk insurance policies; or policies which due to the terms and conditions 0
required by the county are exclusive in the market and thus not benefitted by the
competitive bidding procedures. U)
SECTION 4: Section 2-348(d) Change Orders to Contracts. shall be amended to read as follows: as
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(d) All change orders must be accompanied by the following information: U
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(1) A written explanation of why the change order is needed, containing the following U)
information:
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a. Why the item for which the change order is sought was not included in the original contract
specifications;
b. If the item for which the change order is sought was included in the original specifications, U)
then what event or circumstance compels an increase in the contract price; and U
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c. If the price of the item for which the change order is sought exceeds $10024,000.00 or five X
percent of the contract price, whichever is greater, then why are the items not the subject of P:.
a separate call for bids. (By way of example, and not by limitation, evidence of delay of the 00
project or impairment of project coordination, could be reasons not to call for bids outside N
the contract.);
2 If the project architect did not approve the items for which the change order is sought, then a
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detailed explanation as to why; and CU
(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 N
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made.
SECTION 5: SEVERABILITY.If any portion of this ordinance is for any reason held invalid or declared N
to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this 6
ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person,
property or circumstances, such holding shall not affect its applicability to any other person, property or
circumstances. N
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SECTION 6: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in 0
conflict with this ordinance are hereby repealed to the extent of said conflict.
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.
Mayor Craig Cates
Mayor Pro Tem Holly Merrill Raschein E
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Commissioner Michelle Lincoln 0
Commissioner James K. Scholl
Commissioner David Rice
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(SEAL) BOARD OF COUNTY COMMISSIONERS 0
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Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA 0
By: By: >
As Deputy Clerk Mayor
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MONROE COUNTY ATTORNEY X
CHRIS'I*TNF,'LIMBi,'RTL,I.iARR,OWS
ASSISTANT`
COUNTY ATTORNEY 00
DATE 4/4/23
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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
SEVERABILITY; PROVIDING FOR REPEAL OF
ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORATION INTO THE
MONROE COUNTY CODE OF ORDINANCES;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Monroe County Code should be revised to address statutory a�
changes, purchasing issues which occurred under the current language, and to provide
definitions to further clarify the competitive bidding procedure; and c0
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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 g
provide some economy of scale, the amount of county contracts required to be bid should
be increased;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,FLORIDA:
SECTION 1. Sec. 2-346 of Article VI. PURCHASING AND CONTRACTS shall be _
created to read as follows:
Sec. 2-346 Definitions.
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 director or his
designee.
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.
CLEAN ORD Rev Purchasing Policy(KP)2/29/12 Page 1 of 11
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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.
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.
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Department head. The person responsible for the operations of the
department and employees within that department. U)
Evaluation or Selection committee. The committee approved to review offers
and responses to requests for proposals (RFP) and requests for qualifications c0
(RFQ) in accordance with the policies and procedures of the purchasing 0
department, and when required, in accordance with the State of Florida
Competitive Consultants Negotiation Act(CCNA). g
Legal services. Services of legal counsel authorized by the Office of the
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.
U
OMB. The County's office of management and budget.
Pre-bid conference (or pre-proposal conference). A meeting held with N
It-
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.
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(U)2/29/12 Page 2 of 11
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P.6.b
Purchase order. A document which authorizes the delivery of specific
merchandise or the rendering of certain services and the making of a charge for
them.
Purchasing director. The person holding the position as head of the
purchasing department.
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.
O
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. O
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Request for proposal (RFP). A solicitation of the responses for prices and U)
terms for procurement of goods and/or services for which the scope of work, a
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.
U)
Request for qualifications (RFQ). A solicitation of responses from vendors
whereby vendors are invited to submit a summary of their particular qualifications O
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 P-
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
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. 3404
P.6.b
requested or any other matter unequivocally stated in the invitation for bids as a
determinant of responsiveness. A lack of conformity in these matters which is
nonsubstantive in nature may be considered a technicality or irregularity which
may be waived by the county commission.
Responsive bid. A bid or proposal which conforms in all material respects to
the request to bid or request for proposals.
U
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:
(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 $50,000 or more. A contract may not be
split into multiple contracts for services, goods or public improvements for the purpose of D
evading the requirements of this section.
U
(1) The county administrator may, in his discretion, require that contracts for g
services, goods or public works that are expected to cost less than $50,000
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, U
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 zi
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.
CLEAN ORD Rev Purchasing Policy(KP)2/29/12 Page 4 of 11
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P.6.b
(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 2
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
be exempted by the BOCC from the competitive bidding process U)
when price is only a minor concern compared to qualitative a�
considerations;
b. All purchases of services controlled by the public service c0
commission including but not limited to utility/local telephone 0
services;
C. Cellular telephone services; on-going payments and fees for g
maintenance and support of existing software technology which
has been purchased in accordance with existing procurement
requirements; software packages for personal computers approved
by the county's Technical Services Department;
d. Legal services, lobbying services, interpreter services, court U
reporter services, and advertising services; and
0
e. Change orders authorized under a lawfully executed
county/contractor contract N
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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
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P.6.b
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
specifications in the director's custody are controlling. Any amendments to the U)
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
SECTION 5. Sec. 2-347(h) shall be amended as follows: 0
U
(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
awarded under this section must contain, at a minimum, the following information:
(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 U
a limited liability company, a list of its members; or, if a solely owned
0
proprietorship, names(s) of owner(s);
(2) A list of the officers and directors of the entity; N
(3) The number of years the person or entity has been operating and, if Q
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. 3407
P.6.b
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 2
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
of the person or entity was an officer, director, general partner, '
principal, controlling shareholder or major creditor of any other
entity that failed to perform services or furnish goods similar to
those sought in the request for competitive solicitation; c0
f. Customer references (minimum of three), including name, current D
address and current telephone number;
g. Credit References (minimum of three), including name, current e
address and current telephone number;
h. Financial statements for the prior three years for the responding
entity or for any entity that is a subsidiary to the responding entity:
and a
i. Any financial information requested by the county department U
involved in the competitive solicitation, related to the financial e
0
qualifications, technical competence, the ability to satisfactorily
perform within the contract time constraints, or other information N
the department deems necessary to enable the department and Q
board of county commissioners to determine if the person
responding is responsible.
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The department requesting competitive solicitations and the county attorney reviewing
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. 3408
P.6.b
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 2
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.
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 e
the form of a certified check made payable to the county or in a bond from a surety
company authorized to do business in the state. A project may not be divided into T
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 c0
provided elsewhere in this section. If, after the board accepts the bid the bidder refuses to O
execute the contract or commence the work or provide the goods called for, then the U)
bid security will be forfeited to, and become the property of, the county as liquidated
damages for the county's loss of bargain. If the successful bidder executes the contract
and commences performance, then the bid security will be returned. The bid securities of
unsuccessful bidders and bid securities in the county's possession for more than 90 days
from the date of bid opening must also be returned. The following shall also apply:
O
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(1) All bids are irrevocable for 90 days from the bid opening date. If a bidder e
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 N
county commissioners. The security may be returned only if the bidder Q
can show, to the satisfaction of the county OMB director, the following
equitable factors:
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a. The bidder acted in good faith in submitting the bid;
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.
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(2) All bids must be sealed and submitted to the purchasing director before the
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(U)2/29/12 Page 8 of 11
Packet Pg. 3409
P.6.b
(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:
U)
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.
(4) Once the board of county commissioners has determined which bid
conforms with subsection (i)(3) above, the board may vote to accept that 0
bid and authorize the mayor to execute a written contract, reviewed and U
0
approved by the county attorney's office, on behalf of the county. If the U
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.
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 U
project, purchase of goods, or request for bids. A contract is not entered
0
into until the board of county commissioners votes to accept a bid and
directs the mayor to execute a contract on behalf of the county. Regardless N
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
until the bid has been accepted by the board of county commissioners.
SECTION 7. Sec. 2-3470) shall be amended to read as follows: ..
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. 3410
P.6.b
(1) The board of county commissioners' determination as to the following is
discretionary with the board and is final: whether a bid is the lowest in
price, based upon the same criteria set forth in subsection (i)(3); whether
a proposal is the highest ranked, with price as a consideration when
applicable; whether a bid variation from the county's specification is
slight and immaterial or substantial and material; whether a response is 2
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
right to waive variations from the specifications that do not render a bid
nonconforming, to reject all competitive solicitations, re-advertise for a;
competitive solicitations, or to abandon any project, purchase of goods,
or request for competitive solicitations. A contract is not entered into O
until the board of county commissioners votes to accept a proposal and 0
directs the mayor to execute a contract on behalf of the county.
Regardless of any representations made by any county officer, employee O
or county contractor or consultant, and regardless of any funds expended
or work performed by a prospective contractor, the county is not liable or
obligated to pay the prospective contractor any money until the proposal
has been accepted by the board of county commissioners.
O
U
SECTION 8. SEVERABILITY. If any portion of this ordinance is for any reason held
0
invalid or declared to be unconstitutional, inoperative or void, such holding shall not
affect the remaining portions of this ordinance. If this ordinance or any provision thereof N
shall be held to be inapplicable to any person, property or circumstances, such holding Q
shall not affect its applicability to any other person, property or circumstances.
SECTION 9. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
ordinances in conflict with this ordinance are hereby repealed to the extent of said
conflict.
SECTION 10. INCLUSION IN CODE OF ORDINANCES. The provisions of this
ordinance shall be included and incorporated in the Code of Ordinances of the County of
Monroe, Florida, as an addition or amendment thereto, and shall be appropriately
renumbered to conform to the uniform numbering system of the Code.
CLEAN ORD Rev Purchasing Policy(KP)2/29/12 Page 10 of 11
Packet Pg. 3411
P.6.b
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),
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
0
March , 2012.
U)
Mayor David Rice Yes
Mayor Pro Tem Kim Wigington Yes
Commissioner Heather Carruthers Yes
commissioner George Neugent Yes
-Cg' missioner Sylvia Murphy Yes
' SAL) ' BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY,FLORIDA
U
By By
Deputy Clerk MayorfKairpers66 ' 0
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CLEAN ORD Rev Purchasing Policy(KP)2/29/12 Page 11 of 11
Packet Pg. 3412
P.6.b
MONROE COUNTY COURTHOUSE BRANCH
�ouNT
500 WHLPEHEAD STREET,SUITE101 �°o
<• .....• PLANTATION KEY
KEY WEST,FLORIDA 33040 �Jr=° °"•GP 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: �oouwt+F` FAx(305)852-7146
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY CLERK OF THE CIRCUIT COURT ROTH BUILDING
MARA FIION, FLORIDA 33050 50 HIGH POINT ROAD
TEL. (305)289-6027 MONROE COUNTY PLANTATION KEY,FLORIDA 33070
FAx(305) 289-1745 www.clerk-of-the-court.com TEL. (305)852-7145 a
FAx(305)853-7440 6
April 4, 2012
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
Dear Ms. Cloud,
Enclosed please find a certified copy of Ordinance No. 006-2012 creating Section 2-346 0
and amending Section 2-347 of the Monroe County Code; providing for definitions; providing U
0
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
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 U
you have any questions please feel free to contact me at(305) 295-3130. o
0
Respectfully submitted, C
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: Pamela G. Hancock, D.C.
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cc: Municipal Code Corporation via e-mail
County Attorney via e-mail
Finance via e-mail
OMB via e-mail
File
Packet Pg. 3413
Postal
CERTIFIED MAIL,,, RECEIPT
N OWY;No
CcCoverage • .
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(U Postage $ Z`I(C3
��ST, F�
Certified Fee �� J>
0 Retum Receipt Fee / � Postmark O
(Endorsement Required) APR He�
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Restricted Delivery Fee
(Endorsement Required)
—� Total Postage&Fees
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Sent To gdministr ive U)
code and ee y
Sfieef A t. +ay-aullcft p
or PO Box N 9- _._.--''"'--o•'
M1 Qo south-.&Of1QU City,State,Z -
allahassee, Florida 32399-0250 0
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SENDER:
• •N COMPLETE THIS SECTIONON DELIVERYP.6.b
■ 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 ❑Addressee
so that we can return the card to you. B. Received by(. qt l�nq�,q C. Date of Delivery ,
■ Attach this card to the back of the mailplece, At'I(lJ LU G
or on the front If space permits.
D. Is delivery address different from item 11 ❑Yes
1. Article Addressed to: If YES,enter delivery address below: ❑No
Ms. Liz Cloud, Program Admin.
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
3. Service Type
XXCertified Mail ❑Express Mail U)
❑Registered ❑Retum Receipt for Merchandise
Ordinance Nos. 004 & 005-2012 °Insured Mail ❑C.O.D.
o C 6.Z o j 12 4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number 7 010 1670 0001 0244 7877
(Transfer from service labeq
Ps Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540
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Ad#7056609
NOTICE OF INTENTION.
CONSIDER ADOPTION OF
COUNTY ORDINANCE
E REP
ORTER NOTICE HEREBY GIVEN'TH '
TO WHOM
IT MAY CONCERN''
that ont aria 21,2012 at 3:00
i P.M.,or as soon thereafter;as
may be heard,at the
P.O.Box 1197;Tavernier,F133070 I Marathon Government
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 6
p� T A consider the adoption of the
r RO O F O F P U B LI CATI O�t following County ordihance:
o® AN ORDINANCE OF THE
MONROE COUNTY BOARD
STATE OF FLORIDA OF COUNTY
COMMISSIONERS
COUNTY OF MONROE CREATING SECTION2-346 C
Before the undersigned authority personally appeared AND AMENDING SECTION
WAYNE MARKHAM who on oath, says that he is • COUNTY
THE E;PROVIDING
y COUNTY CODE;PROVIDING °
PUBLISHER of the THE REPORTER, a weekly FOR DEFINITIONS;
PROVIDING FORAN
newspaper published in Tavernier, in Monroe INCREASE IN PURCHASING
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. Oy
PROCEDURE;PROVIDING., vy
FORSEVERABILITY;
PROVIDING FOR REPEAL
OF ALL ORDINANCES
INCONSISTENT HEREWITH,
PROVIDING FOR O
INCORPORATION INTO THE C3
Affiant further says that the said THE REPORTER is M6NROE COUNTY CODE OF O
ORDINANCES;AND -
a newspaper published at Tavernier, in said Monroe PROVIDING FORAN
County, Florida, and that the said newspaper has EFFECTIVE DATE. O
heretofore been continuously published in said Pursuant to Section 286.0105; 7)
Monroe County, Florida, each week (on Friday) and Florida statutes,notice is given'
has been entered as a second class mail matter at the
that if a person decides to _
appeal any decision made by -
post office in Tavernier, in Monroe County, Florida, the Board with respect to any
matter considered at such U)
for a period of one year next preceding the first C
publication of the attached copy of advertisement. hearings or meetings,he will U
need a record of the c5
The affiant further says that he has neither paid nor proceedings,-and that,for such 0
promised an person, firm, or corporation an purpose, may need to
p }' p � i Y ensure that
a Verbatim record
discount, rebate, commission or refund for the of the proceedings is made,"
which record includes the
purpose of securing this advertisement for CN
testimony acid evidence upon
publication in the said newspaper(s) and that The which the appeal is to be; Q
THE REPORTER is in full compliance with Chapter
50 of the Florida State Statutes on Legal and Official ADAASSISTANCE:Ifyouare
a person with a disability
Advertisements. who needs special . C
accommodations in order to rc
'participate in this C
11fJO-4m, a proceeding;please contact
the County Administrator's
Office,by.phoning(305)
Wa e Mar P lisher j 292-4441,betweed the hours
C
of8:30 a.m:-5:00 p.m.,no Gp
i laterthan five(5)calendar .'
d scheduled
Sworn to and subscribed f e me meting f oou are n
e y e hear 'or
,this Day of •2012 voice impaired,call"7
(SEAL e�',= *% I Dated at Key West,Florida,this
�o Rygss KATHLEEN BRYAN ?1st day of February,2012.
aQ NOTARY PUBLIC DANNYL.KOLHAGE;Clerk of
'� FLORIDA }_` t 11L,Z�Q�, the Circuit CourEandex.officio
WN L 3 Clerk ofth'e Board of County
tary Comm#EE140399 9 '� �; Commissioners of Monroe
s�4CE 19�� Expires 1?_'12%2. I,. County,Florida '
a3�E.�i
Pu611shed.02/24/12 _
The Reporter
Tavernier,-FL-3 7
2 �� a— Packet Pg. 3416
FLORIDA KEYS
� i "'* � �l : sl � r -� �
i
CD
LJ -j
Published Twice Weekly -_•.r.
Marathon, Monroe County, Florida = : =, a o
PROOF OF PUBLICATION - --
Ad#7070500 MONROE COUNTY BOARD
OF COUNTY 6
COMMISSIONERS
STATE OF FLORIDA NOTICE OF INTENTION TO. CREATING SECTION 2-346 1 eo
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 eared WAYNE MARKHAM who on NOTICE ISHEREBYGIVEN FOR'DEFINITIONS;!.
Y appeared TO WHOM IT MAY CONCERN PROVIDING FORAN
oath, says that he is PUBLISHER of the that 6 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
weekly newspaper published In Marathon, Marathon Government AMOUNT OF CONTRACTS C
Center,27 98 Overseas SUBJECTTOTHE,
In Monroe County, Florida: that the Highway,Mile Marker50,
COMPETITIVE BIDDING
attached- copy of advertisement was Marathon,Monroe County, PROCEDURE;PROVIDING
published in said newspaper in the issues Florida;the Board of County FORSEVERA�BILITY
PCommissioners of Monroe PROVIDING FOR REPEAL '
of: (date(s) ofpubl/c t/on) County,Florida,intends to OFALLORDINANCES
consider the adoption oftFie' INCONSISTENT HEREWITH;
S e� following County ordinance:, PROVIDING FOR '
a1`i'J AN ORDINANCE OF THE INCORPORATION INTO THE ! U)
MONROE COUNTY CODE OF
CONT/HUED IN THE NEXT COLUMN ORDINANCES;AND
PROVIDING FORAN
J EFFECTIVE DATE. -
Affiant further says that the said FLORIDA Pursuantto Section'286.0105, U
KEYS KEYNOTER is a newspaper published Florida statutes,notice is given D
P ,._ _ _._ that if a person decides to
at Marathon, in said Monroe County, appeal any decision made by I
Florida, and that the said newspaper has the Board withred at sucht to D
matter considered at such °Uy
heretofore been continuously published in hearings or meetings,he will
need a said Monroe County, Florida, twice each proceedings,ecord
dth
'proceedings,and that,for such. I �,•
week (on Wednesday and Saturday) and purpose,he may need to
ensure that a verbatim record
has been entered as a second class mail �
of the proceedings is made,.: . �
matter at the post office in Marathon, in which record includes the 0
Monroe County, Florida, for period of `which theony and evidence
Y P ' which the appeal is to be � 0
one year next preceding the first '; based. . {
publication of the attached copy of ADA ASSISTANCE:If you are f 0-
advertisement. The affiant further says ia person with adisability c14
who that he has neither paid nor promised any ac.com odatio sI
accommodations in order to c14
person, firm, or corporation any discount, participatemtnis
tact
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. t :00ip. .,no
p ;of 8:30 a.m.-S:OO;p.m.,no � �
that The Florida Keys Keynoter is in full later than five(5)calendar i
compliance with Chapter 50 of the Florida daystin;;I to u are he ring ,
p p meeting;If you are hearing or i
State Statutes on Legal and Official voice Impaired,call711.,
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
th1�7S of r �It
2012 County,Florida I
Published02/25/12'
(SEAL) AR qss KATHLEEN BRYAN ;Florida Keys Keynoter
aQ `NOTARY PUBLIC
o '—"STATE OF FLORIDA
W ?Comm#EE140399 Q Y
ota y Expires 12/12/2015
006 -2o1.�.
Packet Pg. 3417
-v
KEYQWEST STATE OF FLORIDA
-TIUEN COUNTY OF MONROE
The F1or1W Keys Only DaUy IWwspeper,Est 1878
Cooke Communications,LLC
Florida Keys
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 7
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
Al 1Ce N eN� r 0 j10lj d� �N Oa d1sv,4AC'-
INTERNET PUBLISHING
keywest.com
keysnews.com �tv L A,0U SIN pU I(�C
floridakeys.com 0
• key-west.com
Web Design Services was published in said newspaper in the issue(s) of
NEWSPAPERS e
'v
The Citizen
Southernmost Flyer
Solares Hill Affiant further says that the Key West Citizen is a newspaper published in U)
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
Key Largo Free Press day, and has been entered as second-class mail matter at the post office in Key U
MARKETING
Printing SERVICES West, in said Monroe County, Florida, for a period of 1 year next preceding
Citizen Locals Card the first publication of the attached copy of advertisement; and afiant further
Direct Mail says that he has neither paid nor promised any person, firm or corporation any ;
FLORIDA KEYS OFFICES discount, rebate, commission or refund for the purpose of securing this
Printing/Main Facility advertisement for publication in the said newspaper.
3420 Northside Drive _
Key West, FL U)
33040-1800 0
Tel 305-292-7777 U
Fax 305-294-0768 0
citizenna keywest.com Signature of Affiant
Internet Division cN
33040-3328
Tel 305-292-1880 Sworn and subscribed before me this day of f fLAJ,= _, 2012
Fax 305-294-1699
sales@keywest.com
cs
Upper Keys Office.91731 Overseas Hwy Notary Public: DAWN KAWZINSKY
_ vwm
Tavernier, FL 33070 NOTARY PUBLIC Tel305-853-7277 STATEOFFLORIDAFax 305-853-0556 Comm#EE157233
freepress@floridakeys.comExpires 1/4/2016
Expires: 1/4/16 Notar—
yeal
.F I O
Personally Known x Produced Identification a -' _s
Type of Identification Produced
- Co CD
Packet Pg. 3418
NOTICE OF INTENTION TO
CONSIDER
ADOPTJOU 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
heard,at the Marathon
Government Center,2798
Overseas Highway,Mile Marker
50,Marathon,Monroe County,
Florida,the Board of County
Commissioners of Monroe County, 0
Florida,intends to consider-.the
adoption of the following County
ordinance:
AN ORDINANCE OF THE
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
CREATING SECTION 2-346 AND
AMENDING SECTION 2-347 OF
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
COMPETITIVE BIDDING �y
PROCEDURE;PROVIDING FOR I
SEVERABILITY;PROVIDING
FOR REPEAL OF ALL
ORDINANCES INCONSISTENT '
HEREWITH;PROVIDING FOR , 0
INCORPORATION INTO THE L)
MONROE COUNTY CODE OF oD
ORDINANCES;AND PROVIDING '
FOR AN EFFECTIVE DATE. oD
I Pursuant to. Seetioh 286.0105, >
A
Florida Statutes, notice is given
that if a person decides to appeal
,any decision made by the Board
with respect to any matter_• C
considered 'at such hearings or meetings, he will need a record of U
the proceedings,. and that, for °
i such, purpose, he may need to
ensure that a verbatim record of ' CL
i the proceedings is-made, which c14
record includes the testimony and
evidence upon,which the appeal is c�
to be based. co
ADA ASS/STANCE.• lf.you are a
o person W#17 a disabilify who needs
i special accommodations in order . a
to participate in this proceeding, ,
please contact the County Admin
istrator's Dice, by phoning(305)
292-4441, between the hours of
890a.m. -5.•00p.m.,no later than
five(5)calendar days prior to the
scheduled meeting- it you are i
hearing or voice. impaired, 'call.
Dated at Key West, Florida, this
21 st day of February,2012.'
DANNY L.KOLHAGE,
t
Clerk of the Circuit Court
and ex officio Clerk of
the Board of County
Commissioners of
Monroe County,Florida
February 24,2012
- - Packet Pg. 3419
FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
6
U)
April 11, 2012
Honorable Danny L. Kolhage
Clerk of the Circuit Court 0
Monroe County
500 Whitehead Street, Suite 101
Key West,Florida 33040
Attention: Ms. Pamela G. Hancock, Deputy Clerk
Dear Mr. Kolhage:
0
U
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.
Sincerely,
0
Liz Clou
Program Administrator
LC/srd
c�
b r_
c r)
�7 c'
Cn
�.
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. 3420
ORDINANCE 024-2015
AN ORDINANCE OF THE MONROE COUNTY BOARD
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.
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
WHEREAS, F.S. 125.74 enumerates the county administrator's statutory powers and
duties; and
0
U
WHEREAS, the Board of County Commissioners desires to authorize the county c
0
administrator to execute agreements on their behalf so long as the agreements are within his
designated signatory authority; and
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 U,
duties as it relates to change orders and execution of contracts; 0
U
0
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
LO
SECTION 1: Section 2-58 shall be amended to read as follows: C
N
Sec. 2-58. - County Administration.
(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.).
(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 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
$50,000.00 or five percent (5%) of the original contract price, whichever is greater.
1
Packet Pg. 3421
P.6.c
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 $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 7
board of county commissioners, at least 24 hours in advance, of his intention to execute 2
the change order. The county administrator must provide a report at each monthly board U)
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
b. To reimburse travel expenses of department director or other key personnel interviewees.
(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 U
$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
ratification of an 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 U
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.
LO
SECTION 2: SEVERABILITY. If any portion of this ordinance is for any reason held invalid
T-
or declared to be unconstitutional, inoperative or void, such holding shall not affect the
remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to N
be inapplicable to any person, property or circumstances, such holding shall not affect its
applicability to any other person, property or circumstances.
SECTION 3: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict.
SECTION 4: INCLUSION IN CODE OF ORDINANCES. The provisions of this ordinance
shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida,
as an addition or amendment thereto, and shall be appropriately renumbered to conform to the
uniform numbering system of the Code.
SECTION 5: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be filed with
2
Packet Pg. 3422
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.
7
Mayor Danny Kolhage Yes 2
Mayor Pro Tern Heather Carruthers Yes a
Commissioner George Neugent Yes
Commissioner David Rice Yes
Commissioner Sylvia Murphy Yes
BOARD OF COUNTY COMMISSIONERS
A s . Y HEAVILIN, Clerk OF MONROE COUNTY, FLORIDA
RS
B Y � jl�
ty lerk Mayor/Chairperson
0
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Packet Pg. 3423
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1 "HE REPORTER
Published Weekly TO WHOM IT,40 W"
OER,Tavernier, Monroe County, Florida at3 4 0
fhr Y hoard,
PROOF QF PUBLICATION1
't; MAW
STATE OFFLORIDA l ridgy Of0004 0
COUNTY OF MUN tUE commism a r o MonroeU)authorit g y personal) a s, t an of the
to
Before the undersigned y rt�1i �"do �d
ndr
appeared RICHARD TAMBORRINO who on f ddrl iu r dru n "°
oath, says that he is PUBLISHER of THE AN omimAKCS Of THE,
REPORTER, a weekly newspaper published in E e ARUM
Tavernier, in Monroe County, Florida:. that the duadte '
attached copy of advertisement was published in so Ofe�aROE-Cu
said newspaper in the issues of: (date(s) of JNG FOR c
f� OURTY,
publication) AolTftd
lf� ATOR
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Affiant further says that the said THE NAaatsTT
REPORTER is a newspaper published at
Tavernier, in said Monroe Count , Florida, and FOR doAlte� e
Y THE U
that the said newspaper has heretofore been CODE oadffAe e
continuously published in said Monroe County, fFOR AN
EFFECTIVE DATE. U)
Florida, each week (on Friday) and has been 9=
entered as a second class mail matter at the q urrsuani t6 a fdrar 2 . 1 s„ g
post office in Tavernier, in Monroe Count , FFlowss f ,,rdcs + -
on ttiatif,a,,person OeOdes,to
Florida, for a period of one year next preceding appeal any dikolslop madq
the first publication of the attached copy of the Board With re.06ct W drip
matter considored of soch,
advertisement. The affiant further says that he heardngs,or meefing,%he w4l
has neither paid nor promised any person, firm, tjoed a r oord of the proceed- 0
or corporation an discount, rebate, commission ire „for rrdc-
P Y Vie,h may need f ensure 0
or refund for the purpose of securing this that a verbarun record of the X
advertisement for publication in the said prooppoln ,t#rude,Vtwf%rtr"d1
newspaper(s) and that The THE REPORTER is LO
in full compliance with Chapter 50 of the Florida �dd
State Statutes on Legal and Official `�
s is Af l A �, i, N
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Richard Tam 6 orrino, Publisher dt a t
d rfw rr Idit f Of w,40, 0
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v � rr
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r f
hlo-tary Circuit o n Add
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F L 0 R 1 0 A KEYS Ad#198 121,57
N0710E OF N'tENTION TO
Kaor ADOPTI014of
Published Twice Weekly uTYOR '
Marathon, Munroe County, Florida
cow
PRQOF CIF PLJBILICATION
;STATE OF FLORIDA b U)
COUNTY OF MONROE
Before the undersigned authority personally 4 w w i oord i oaY"
appeared RICHARD TAMBORRINO who on nirui lain r of o"�
oath, says that he is PUBLISHER of the �x�nidor16oGddopWends oftile,
i
�.��nr 4o s� ii�n���l �
FLORIDA KEYS KEYNOTER, a twice weekly fc)fjbwjng County,'or'dinance.,
newspaper published in Marathon, in Monroe
AN Count Florida: that the attached co of R U C S F D
Y� copy CRCF COUNTY �
advertisement was published in said f'C fNTVCo t$sf -
newspaper in the issues of: (date(s) of FRS CCR -
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publication) FOR
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Y R �A C
KEYS KEYNOTER is a newspaper published at FRF LALLCI*.
Marathon, in said Monroe County, Florida, and CECiCTT;
that the said newspaper has heretofore been FOH1tR " i F � � � o
FCft t� Rf� RA � INTO U
continuously published in said Monroe County, THE MONROE COUNTY o
Florida, twice each week (on Wednesday and CODE OF ORPINANCES;
Saturday) and has been entered as a second Afro RyofNC F AN
FFEDTI DATE. 0
class mail matter at the post office in
Marathon, in Monroe County, Florida, fora t'�arsssssinn �`at�,
year next preceding the first ��o mews'p� W "giv-
period of one on t �sf person deefd s to
publication of the attached copy of W any,d dsu) ma do'by
advertisement. The affiant further says thatha inrc 4 rsn sraY U)
rnauer considered,at s rh
he has neither paid nor promised any person, hea(kngs or mostinop',hoWii 0
firm, or corporation any discount, rebate, need s to, o 'of thi prtveedw
commission or refund for the purpose of pose,tie may
nook to n worsoofiro Our �
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securing this advertisement for publication in record ofthe �
the said newspaper(s) and that The Floridau'asooir is rs;
Keys Keynoter is in full compliance with isrrsdir"a„° sstin� '
dn�n�po�� ato i��o
Chapter 50 of the Florida State Statutes on :ssi s N
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Notary 2016,
(SEAL) f/ A Y HEAVILAN,CI of0ircuit Cmd and 1*
_m w lorir of the Board of COUPtYwiYV CifYiLCMi
Commissioners,rafMonroe
#i 108704
County,fbdda
Apnl18s 2018 Septer 23, ��1 .
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Packet Pg. 3425
KEY WEST
� fj STATE OF FLORIDA
tewspapw,Est.1876 COUNTY OF MONROE
Lions, LLC
rya t �y��rwaaarr, Before the undersigned authority personally appeared Tommy Todd, who on
t ► ,theoath says that he is Advertising Director of the Key West Citizen, a daily
C� ionera of�nr� �F777 newspaper published in Key West, in Monroe County, Florida; that the 0
oo�u d 4d � attached co of advertisement being a legal notice in the matter of a
oonacdrthe ol�� ttio �. copy g £�
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Cam* OV� FOR0
i , i CkMY was published in said newspaper in the issue(s) of
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COO, TIr Affiant further says that the Key West Citizen is a newspaper published in
�1� Key West, in said Monroe County, Florida and that the said newspaper has
� "� 9P � 4Li. '� heretofore been continuously published in said Monroe County, Florida
� � � � t.� Y p tY, every
day, and has been entered as second-class mail matter at the post office in Key
i C fN 6�tTH; C
` 'PR ',ES West, in said Monroe County, Florida, for a period of 1 year next preceding t)
INC t tT T14E
� the first publication of the attached co of advertisement; and affant further C
� fw tf air p copy
f i i says that he has neithery i nor pr sed any perm-f1iirm or c oration any
� discount rebate co mission or refun foe purpose of se wring this LA
� � �
pursuant advertisement for blication in the said spaper.
Florida;Stiitutes,nofi e is,ViVen cu
that if tarn days to
appeal,any d6dision rnade'by U)the board with respect to any ~-� �_. �' ��� � C
n con ider t at sa h U
hearings or ri°�rn , e a tgnature of Affiant 0
need a record oftho
prooaedkWil snit that,for such
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ensurethat a vee'tiatlm, record of day of September, 2015 LO
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and evidence upon which the C14
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Dated t Key crest,'Florida,this Personally Known x Produced Identification
16tfr day;of apt ember,2015. -- —
AMYH A;VIUN, Type of Identification.Produced
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Packet Pg. 3426
FLORIDA DEPARTMENT 0 STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
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November 3, 2015
0
Honorable Amy Heavilin
Clerk of the Circuit Court
Monroe County U)
500 Whitehead Street, Suite 101
Key West, Florida 33040
0
Attention: Ms. Cheryl Robertson, Executive Aide 0
Dear Ms. Heavilin:
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 024-2015, which was filed in this office on November 3,
2015. U,
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Sincerely,
LO
Ernest L. Reddick C�
Program Administrator N
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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. 3427
P.6.d
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
Number of Less than $50,000 to $100,000.01 to $150,000.01 $250,000.01 $500,000.01
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
Airport Financial Consultant Services 2 priorwork
On-call contract—amount based on
Airport General Consultant Services 3 x priorwork
On-call contract—amount based on .(
Air Service Development Consultant Services 1 x priorwork
Backfill Restoration Water Quality Improvement Projects Canal#25 Key 0
Largo 3
Backfill Restoration Water Quality Improvement Projects Canal#28 Key V)
Largo 4 x
Backfill Restoration Water Quality Improvement Projects Canal#90 Hammer
Point Park,Key Largo 2
Ballfield Maintenance-Multiple Locations 0 1 No bidders—rebid in 2022
Ballfield Maintenance-Multiple Locations REBID 3
Commercial Apron Expansion and Mitigation 1 x
Construction Auditing Services 1 On-call contract
Construction Engineering and Inspection(CEI)for Sands Subdivision Sea
Level Rise Pilot Project 3
Courier Services 1 x ,}gyp
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
Demolition,Removal and Disposal Services for the Community Block Grant-
Disaster Recovery(CDBG-DR)Voluntary Home Buyout Program 1 x 0
East Martello Fort Museum Drainage Improvements Phase III 1 x '
East Martello Roof Phase II 4
Engineering Design and Permitting Servicesfor Mosquito Creek and Tubby's
Creek Bridge Replacement 4
Exterior Painting of Big Pine Fire Station 5 x x x
nV)
EVW New Beacon Pole and Relocate Existing 2 Bid rejected—rebid in2023
Fire Alarm,Panic Alarm,and Security System Annual Certification, psg
Maintenance,Repair and Monitoring 2 x8�
Florida Keys Overseas Heritage Trail Connection at Cudjoe Gardens 1
Florida Keys Overseas Heritage Trail Connection at Cudjoe Gardens—REBID 2 x c,0 L Grant Writing and Administrative Services 5 On-call contract d
Historic Courthouse Door Replacement and Repair 2 x 0
Hurricane Irma Boca Chica Road Repairs Project 2
Key Largo Park Walking Path Asphalt Repair 2 x x V)
Key West International Airport Noise Insulation Program Construction of Key
West by the Sea—FINAL PHASE 2 x n2
Key West Lighthouse Oil Display and Tower Repairs 2 x V)
LED Lighting Upgrade and Ceiling Tile Replacement for Big Pine Key Library 4 x x
n
Lift Stations Maintenance and Cleaning—Upper Keys 1 x
MCSO Stock Island Flood Protection Panels 4 x
Monroe County Historic Jail Museum Buildout 4
MTH Chiller Replacement 2 x I
n
MTH Storage Hangars Rehabilitation 2
Notice of Unsolicited Proposal For Public-Private Partnership Opportunity Based on contract from unsolicited 0
for Construction of the Sugarloaf Fire Station Project 0 x bid U
Perimeter Fence,Maintenance,Repair&Modification Key West 0
International Airport 1 xd.A
Pest Control-Lower Keys 2 x X
On-call contract—amount based on
Professional Architectural and Engineering Continuing Services Contract 11 x priorwork ..,s
Professional Architectural and Engineering Servicesfor Facility Assessment
and Design of Wind-Retrofits at 10 County Buildings 4 x „V)
Professional Architectural and Engineering Servicesfor Jefferson Browne
Redevelopment 1
Professional Construction,Engineering,and Inspection Services for the
Seaview Drive Bridge Replacement Project 2 d.A
Professional Enginee ri ng Continuing Services Contract 12 x Bid rejected—rebid in 2022
Professional Engineering Continuing Services Contract REBID 5
Public Defender 16th Judicial Circuit-Key West Offices 3 x c,0
Relocate Rwy 7-25 Phase 1-Tree Clearing 0 No bidders— L rebid in 2022 d
Relocate Rwy 7-25 Phase 1-Tree Clearing REBID 2 x x 0)
Replacement and Installation of Fire Wells in Monroe County 2 x x 0
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 0
Maps for the Florida Keys 2
Upper Keys Landscaping Maintenance Multiple Locations 3 Bid rejected—rebid in 2022 N
Upper Keys Landscaping Maintenance M uItiple Locations REBI D 3 (N
Veterans Memorial Park ADA Pavilion Tiki Huts Replacements 5 Q
West Martello Seawall Hurricane Repairs x CN
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Packet Pg. 3428
P.6.e
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
*Consumer Price Index,Miami-Fort Lauderdale-West Palm Beach—December 2022
Area prices up 9.9 percent over the past 12 months $67,884
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South Florida Buying Power 2011$50,000 to 2023$67,526
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P.6.f
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
6
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on April 19,2023,at 9:00 A.M. U)
or as soon thereafter as the matter may be heard, at the Marathon Government Center, 2798 Overseas
Hwy., Marathon, Florida, the Board of County Commissioners of Monroe County, Florida, intends to
consider adopting the following ordinance:
AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS REVISING ARTICLE III OFFICERS AND
EMPLOYEES, SECTION 2-58 COUNTY ADMINISTRATION;
REVISING ARTICLE VI PURCHASING AND CONTRACTS,
SECTION 2-346 DEFINITIONS, SECTION 2-347 COMPETITIVE
0
BIDDING PROCEDURES, AND SECTION 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 AND SERVICES SUBJECT TO THE U
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COMPETITIVE SOLICITATION PROCEDURES; PROVIDING FOR 0
AN INCREASE IN CHANGE ORDERS AUTHORIZED TO BE SIGNED
BY THE COUNTY ADMINISTRATOR; PROVIDING FOR
SEVERABILITY;PROVIDING FOR REPEAL OF ALL ORDINANCES
IN CONFLICT; PROVIDING FOR INCLUSION WITHIN THE
MONROE COUNTY CODE OF ORDINANCES AND RENUMBERING
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AS NECESSARY; AND PROVIDING AN EFFECTIVE DATE. �
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The proposed ordinance may be inspected by the public at the Monroe County website by viewing the
agenda packet for the April 19, 2023 meeting, which will be posted beginning on April 7, 2023 at:
//mon roe,cognt fl j c ri�Ajetd q�i'a 2x. The ordinance may also be viewed at the Monroe �
County Attorney's office at 1111 12th St. Ste.408 Key West, FL 33040.
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The public can participate in the April 19,2023 meeting of the Board of County Commissioners of Monroe
County, FL by attending in person or via Zoom. The Zoom link can be found in the agenda at U
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ADA ASSISTANCE. If you are a person with a disability who needs special accommodations in order '
to participate in this proceeding,please contact the County Administrator's Office,by phoning(305)292-
4441, between the hours of 8:30a.m.-5:06p.m.,prior to the scheduled meeting; if you are hearing or 0
voice-impaired, call "711': Live Closed-Captioning is available via our web portal @ a
f !,ILLM for meetings of the Monroe County Board of
County Commissioners.
0
2
Dated at Key West, Florida, this 27th day of March, 2023. 0
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(SEAL) KEVIN MADOK, Clerk of the Circuit Court and
Ex Officio Clerk of the Board of County Commissioners a
of Monroe County, Florida
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Packet Pg. 3430
P.6.f
Publication Dates:
Keys Citizen (Wed.) 4/5/2023 6
Keys Weekly (Thur.) 4/6/2023
News Barometer(Fri.) 4/7/2023
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Packet Pg. 3431
P.6.g
County Administrator Signatory/Purchasing Authority and
Formal Procurement Thresholds for Florida Counties
27 of the 67 Counties Reviewed to Date
Proposed: $100,000.00 $150,000.00
Threshold for
County
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 n
Escambia $25,000.00 $50,000.00
Hernando County $34,999.99 $35,000.00
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Indian River County $75,000.00 $35,000.00
Jackson County $14,999.99 $15,000.00
Lee County $99,999.99 $100,000.00
Leon County $250,000.00 $100,000.01
Manatee $250,000.00 $250,000.01
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
0
Okaloosa County $100,000.00 $50,000.01 CL
Orange County $100,000.00 $150,000.01
L_
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
Volusia County $49,999.99 $50,000.00
Packet Pg. 3432