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Ordinance 005-2023 ORDINANCE 005 -2023 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 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 COMPETITIVE SOLICITATION PROCEDURES; PROVIDING FOR AN INCREASE IN CHANGE ORDERS AUTHORIZED TO BE SIGNED BY THE COUNTY ADMINISTRATOR; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,Monroe County Code(MCC)Section 2-58.-County administration.provides that the county administrator may execute agreements on behalf of the board, provided that said agreements are for an amount within the signature authority of less than$50,000.00 and this amount has not been adjusted since 2015 with the enactment of Ordinance No. 024-201 S; and WHEREAS,Monroe County Code 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 has not been adjusted since 2012 with the enactment of Ordinance No. 006-2012; and 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 as to why the items are not the subject of a separate call for bids must be provided; and WHEREAS,the cost of goods and services has increased since 2012 and in consideration of these increased cost and to provide some economy of scale,the amount of the competitive solicitation threshold should be increased; and WHEREAS, similarly the County Administrator's signatory authority in consideration of the increase cost and to provide some economy of scale, the amount of the County Administrator's signatory authority should be increased; and Page 1 of 9 WHEREAS, County staff has researched the procurement levels of the federal government and other counties in Florida; and WHEREAS, the federal Simplified Acquisition Threshold (SAT)under 2 C.F.R. 200 is currently set at$250,000; and WHEREAS, the competitive solicitation threshold for other local governments varies, but the 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 WHEREAS, 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; and 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; and WHEREAS, the definitions set forth in MCC Sec. 2-346 shall be revised as set forth here to provide consistency with the Monroe County Purchasing Policy; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: (ADDED LANGUAGE IS NOTED IN UNDERLINED TEXT AND DELETED LANGUAGE IS NOTED IN ST I ET-14 O rGa TEXT) SECTION 1: Sec. 2-58. - County administration. shall be amended to read as follows: (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 $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 Page 2 of 9 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 board of county commissioners, at least 24 hours in advance, of his intention to execute the change order. The county administrator must provide a report at each monthly board of county commissioners meeting listing the change orders approved by him during the prior month and the reasons for those change orders; and b. To extend a project's substantial completion date up to six 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 �ha* $10-0,000.00. If the county administrator authorizes a person to act as a designee, such person shall comply with F.S. § 112.3145, and the financial disclosure requirements set forth therein. All agreements will be in a form approved by the county attorney's office prior to execution. The county attorney may require approval or ratification of an agreement by the board. In such cases, the board hereby determines that none of its discretionary authority is being exercised by the county administrator; rather, the execution of such agreements is in conformity with 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: 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. Page 3 of 9 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. 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. Department head. The person responsible for the operations of the department and employees within that department. Evaluation or selection committee. The committee approved to review offers and responses to requests for proposals (RFP) and requests for qualifications (RFQ) in accordance with the policies and procedures of the purchasing department, and when required, in accordance with the State of Florida Competitive Consultants Negotiation Act(CCNA). Investigative services. For the purposes of this article, the term "investigative services" shall mean the services performed by an independent contractor or firm selected by the county through such person's training, expertise, and/or experience to investigate matters of concern to the county and to assist the court in determining the appropriation action to take. The term encompasses not only firms, individuals, and activities regulated under F.S. ch. 493, but also those activities exempted from regulation under 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. 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 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. Page 4 of 9 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); architecture, professional engineering, landscape architecture, or registered land surveying services (as per F.S. 287.055) audit and accounting services; consultants in planning, management, and technological or scientific advisors; financial services in rating and underwriting of bonds, financial advisors and investment services, legal services and medical services and as otherwise set forth in the Monroe County Purchasing _Policy. Purchase order. A document which authorizes the delivery of specific merchandise or the rendering of certain services and the making of a charge for them. Purchasing director. The person holding the position as head of the purchasing department. Request for applications (RFA). A solicitation for applications for funding which from time to time may be issued by the county or tourist development council for various 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. Request for information (RFI). A written or electronically posted request made by an agency to vendors for information concerning commodities or contractual services. Responses to these requests are not offers and may not be accepted by the agency to form a binding contract. A letter of interest may or may not be required as part of the RFI process. Request for proposal(RFP). A solicitation of the responses for prices and terms for procurement of goods and/or services for which the scope of work, specifications or contractual terms and conditions cannot reasonably be closely defined by the county. Evaluation of a proposal is based on prior established criteria which may include but may or may not be totally limited to price. Request for qualifications (RFQ). A solicitation of responses from vendors whereby vendors are invited to submit a summary of their particular qualifications and to state their interest in performing a specific job or service for the county. From such submissions, the county selection committee determines which of such vendors shall be short-listed, interviewed, and recommended to the board of county commissioners for permission to negotiate for scope of work and fees. ReguestingDepartment. The department or entity seeking _to procure or purchase the goods procure or purchase the goods or services. Responsible bidder. An individual or business which has submitted a bid, offer,proposal, quotation, or response which, as determined by the county, has the capability in all respects to perform fully the contract requirements and the experience, integrity, reliability and capacity, facilities, equipment and credit which give reasonable assurance of good faith and performance. The county may also consider Page 5 of 9 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 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. 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 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, 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. (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 the terms of this section. (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 state, the United States, or another county of the state, municipality, special district, or other governmental entity or not for profit association's competitively awarded contract, then compliance with the terms of this section is not required. However, before any purchase is made through an existing contract, the department head, if directed by the purchasing director or county administrator, must first contact other South Florida vendors in order to determine if the goods or services sought are available at a lower price than the price of the existing contract. If the goods or services are available from another vendor at a lower price than the existing contract, then the contract for the goods or services nitts may either be awarded to that vendor or a competitive solicitation may be issued by the Requesting Department, unless the price Page 6 of 9 is only of minor concern compared to the qualitative considerations. The purchase of the goods or services sought may be made through the existing contract if none of the other vendors contacted by the department head offered the goods or services at a price lower than the price of the existing contract. The results of the requests from vendors shall be submitted to the purchasing director for verification before the contract is approved by the county. (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 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. (4) Persons who design county construction projects, or provide the specifications to the county for such projects or provide the specifications for any goods or services, are prohibited from bidding on the project construction work and are prohibited from bidding on the provision of the goods or services. This prohibition does not apply to design/build contracts and design/build/operate contracts, when authorized by general law and when the board of county commissioners has specifically elected to proceed 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) shall follow the statutory procedures. Other professional services may be exempted by the BOCC from the competitive bidding process when price is only a minor concern compared to qualitative considerations; b. All purchases of services controlled by the public service commission or other governmental authority including but not limited to utility/local telephone services as defined in section 2-346; c. Cellular telephone services; on-going payments and fees for maintenance and support of existing software technology which has been purchased in accordance with existing procurement requirements; software packages for personal computers approved by the county's technical services department; d. Legal services, lobbying services, investigative services,interpreter services,court reporter services, and advertising services; e. Change orders authorized under a lawfully executed county/contractor contract; and f. All solid waste services including but not limited to collection franchise agreements and operations and maintenance agreements. Page 7 of 9 g. All builder's risk insurance policies; or policies which due to the terms and conditions required by the county are exclusive in the market and thus not benefitted by the competitive bidding procedures. SECTION 4: Section 2-348(d) Change Orders to Contracts. shall be amended to read as follows: (d) All change orders must be accompanied by the following information: (1) A written explanation of why the change order is needed, containing the following information: 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, then what event or circumstance compels an increase in the contract price; and c. If the price of the item for which the change order is sought exceeds $1002--4,000.00 or five percent of the contract price, whichever is greater, then why the items are not the subject of a separate call for bids. (By way of example, and not by limitation, evidence of delay of the project or impairment of project coordination, could be reasons not to call for bids outside the contract.); (2) If the project architect did not approve the items for which the change order is sought, then a detailed explanation as to why; and (3) If the change order is intended to correct an error or omission in a design document, a statement whether a claim under the applicable professional liability policy has or should be made. SECTION 5: SEVERABILITY.If any portion of this ordinance is for any reason held invalid or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. SECTION 6: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. 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 Yes Mayor Pro Tem Holly Merrill Raschein Yes Page 8 of 9 14 The Florida Keys Only Daily Newspaper, Est. 1876 PO Box 1800,Key West FL 33041 P:(305)292-7777 ext.219 F:(305)295-8025 legals@keysnews.com MONROE CO ADMIN/BOCC 1100 SIMONTON ST STE 2-205 KEY WEST FL 33040 Account: 423273 Ticket: 3886477 PUBLISHER'S AFFIDAVIT STATE OF FLORIDA NOTICE OF INTENTION TO CONSIDER of County Commissioners. ADOPTION OF COUNTY ORDINANCE COUNTY OF MONROE Dated at Key West, Florida, this 27th NOTICE IS HEREBY GIVEN TO WHOM day of March,2023. IT MAY CONCERN that on April 19, Before the undersigned authority personally appeared 2023, at 9:00 A.M. or as soon there- (SEAL)KEVIN MADOK,Clerk of the Cir- g y p y pp after as the matter may be heard, at cuit Court and Ex Officio Clerk of the the Marathon Government Center, Board of County Commissioners of 2798 Overseas Hwy., Marathon, Flori- Monroe County,Florida Melinda Prescott who on oath says that he or she is da,the Board of County Commissioners 04/05/23-KWC of Monroe County, Florida, intends to 423273 3886477 consider adopting the following ordi- The legal advertising representative of the Key West Citizen,a five day newspa- nance: per published in Key West,in Monroe County, Florida;that the attached copy of AN ORDINANCE OF THE MONROE advertisment,beinga legal notice in the matter of Notice of Intent 04.19.23 was COUNTY BOARD COUNTY COM- g MISSIONERS REVISING ARTICLE III OF- published In said newspaper In the Issues Of: FICERS AND EMPLOYEES,SECTION 2-58 COUNTY ADMINISTRATION; REVISING ARTICLE VI PURCHASING AND CON- Wednesday,April 5,2023 TRACTS, SECTION 2-346 DEFINITIONS, SECTION 2-347 COMPETITIVE BIDDING PROCEDURES, AND SECTION 2-348 Affiant further says that the Key West Citizen is a newspaper published in Key CHANGE ORDERS TO CONTRACTS OF West, in said Monroe County, Florida and that the said newspapers has hereto- THE MONROE COUNTY CODE;PROVID- INGfore been continuous) published in said Monroe County, Florida Tuesday thru TYFOR IN INCREASE IN THE COUN- Y p Y Y TY ADMINISTRATOR'S SIGNATORY Saturday weekly,and has been entered as periodicals matter at the post office in AUTHORITY, PROVIDING FOR AN IN- CREASEKe West, in said Monroe County, Florida,for period of 1 year next recedin V THE AMOUNT OF GOODS y y p y p g AND SERVICES SUBJECT TO THE COM- the first publication of the attached copy of advertisement;and affiant further says PETITIVE SOLICITATION PROCEDURES; that he or she has neither paid nor promised any person,firm or corporation any PROVIDING FOR AN INCREASE IN CHANGE ORDERS AUTHORIZED TO BE discount, rebate, commission or refund for the purpose of securing this advertise- SIGNED BY THE COUNTY ADMINISTRA- ment for publication in the said newspaper. TOR; PROVIDING FOR SEVERABILITY, PROVIDING FOR REPEAL OF ALL OR- DINANCES IN CONFLICT, PROVIDING FOR INCLUSION WITHIN THE MONROE COUNTY CODE OF ORDINANCES AND RENUMBERING AS NECESSARY, AND PROVIDING AN EFFECTIVE DATE. The proposed ordinance may be in- spected by the public at the Monroe e .„ County website by viewing the agen- da packet for the April 19,2023 meet- (Signature ofAfflant) ing,which will be posted beginning on April 7,2023 at: http:Hmonroecounty- Affirmed and subscribed before me this 5th dayofA April 2023 ordinance sewed The p ordinance may also be viewed at the Monroe County Attorney's office at 1111 12 th St. Ste. 408 Key West, FL 33040. The public can participate in the April (Notary Public Signature) 19,2023 meeting of the Board of Coun- ty Commissioners of Monroe County, FL by attending in person or via Zoom. Laura M Robins The Zoom link can be found in the (Notary Public Printed Name) agenda at http://monroecountyfl.igm2. com/citizens/default.aspx. My commission expires 9/26/2026 ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to partici- Personally Known X Produced Identification_ pate in this proceeding, please con- Type of Identification Produced (Notary Seal) tact the County Administrator's office, by phoning (305) 292-4441, between E ary pz�i 7""] the hours of 8:30a.m.-5:00p.m., prior Sto the scheduled meeting; if you are k hearing or voice-impaired, call "711". Live Closed-Captioning is available via npa�es 26`l2fJ'26 our web portal @ http:Hmonroecoun- tyfl.igm2.com/Citizens/Default.aspx for meetings of the Monroe County Board GV�S COURTq c Kevin Madok, CPA Clerk of the Circuit Court& Comptroller— Monroe Count Florida o p Y, E cOVN April 20, 2023 Department of State Adiiiiiiistrative Code& Register 500 S Bronough Street Tallahassee FL 32399-0250 To Whom It May Concern, Attached is a copy of Orduiance No. 005-2023 revrisiiig Article III Officers and Lmployees, Section 2-58 Comity Adniiiiistration; revrisiiig Article VI Purchasing and Contracts, Section 2-346 defniitions, Section 2-347 Competitive Bidduig Procedures, and Section 2-348 Change Orders to Contracts of the Monroe Comity Code; providuig for an increase iii the County Adniiiiistrator's signatory Authority; proNriduig for an increase ni the atnotult of goods and ser�rices subject to the Competitive Solicitation Procedures; provriduig for an increase iii Change Orders authorized to be signed by the Comity Adniiiiistrator; provriduig for severability; prov"di ig for the repeal of all Ordi iances inconsistent herewith; and provriduig for an effective date. This Orduiance was adopted by the Monroe Comity Board of Comity Conitnissioners at a regular meeting, held iii formal session, on April 19, 2023. Should you have any questions please feel free to contact me at (305) 292-3550. Respectfully Submitted, Kevin Madok, CPA, Clerk of the Circuit Court&Comptroller& ex-officio to the Monroe County Board of County Commissioners bp.•Pamela G. Hancock, D.C. cc: County Administrator County Attorney_ Finance OMB BOCC File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 iurW ,u FLORIDA DEPARTMENT Of'STATE RON DESANTIS CORD BYRD Governor Secretary of State April 20, 2023 Honorable Kevin Madok Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Pamela G. Hancock Dear Kevin Madok, Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Monroe County Ordinance No. 005-2023, which was filed in this office on April 20, 2023. Sincerely, Anya Owens Program Administrator ACO/wlh R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 Pamela G. Hancock From: municodeords@civicplus.com Sent: Thursday, April 27, 2023 7:23 AM To: campo-abra@monroecounty-fl.gov; Pamela G. Hancock Subject: Monroe County, FL Code of Ordinances - 2008 (14298) Supplement 26 Update 3 Follow Up Flag: Follow up Flag Status: Flagged ****THIS IS AN AUTOMATICALLY GENERATED EMAIL**** Below, you will find the material that we have received/recorded to your account.This material is being considered for inclusion in your next/current update, Supplement 26 Update 3 Document Adopted Date Recorded Recorded Format Ordinance No. 003-2023 3/22/2023 4/12/2023 PDF Ordinance No. 005-2023 4/19/2023 4/26/2023 PDF Ordinance No. 006-2023 4/19/2023 4/27/2023 PDF H H Update the internet version of your Code more often than a printed supplement. We can post newly enacted ordinances We can update the Internet quarterly, monthly, in the online Code after each meeting. even weekly. i