Ordinance 031-2000
Commissioner Nora Williams
ORDINANCE NO 031 - 2000
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, CREATING SECTION 2-541(e)(4),
MONROE COUNTY CODE, IN ORDER TO PROHIBIT PERSONS WHO
DESIGN COUNTY CONSTRUCTION PROJECTS OR FURNISH
SPECIFICATIONS FOR CONSTRUCTION PROJECTS, GOODS OR
SERVICES FROM BIDDING ON SUCH PROJECTS, GOODS OR
SERVICES; AMENDING SECTION 2-541(h), MONROE COUNTY CODE,
REGARDING HISTORICAL AND FINANCIAL INFORMATION
REQUIRED FROM THOSE SUBMITTING BIDS; ELIMINATING
CERTAIN EXEMPTIONS OR PUBLICLY TRADED ENTITIES FOR
REQUIRED BIDDING INFORMATION; PROVIDING THAT THE
COUNTY DEPARTMENT SOLICITING BIDS OR THE OMB DIRECTOR
MUST CONSIDER THE HISTORICAL, LITIGATION AND FINANCIAL
INFORMATION RECEIVED FROM THOSE SUBMITTING BIDS AND
RECOMMEND TO THE BOCC WHETHER EACH BIDDER IS
RESPONSIBLE; PROVIDING THAT BIDDERS SUBMITTING FALSE
HISTORICAL OR FINANCIAL INFORMATION OR OMITTING
RELEVANT INFORMATION WILL HAVE THEIR BIDS
AUTOMATICALLY REJECTED OR CONTRACTS TERMINATED;
PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF
ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE OF
ORDINANCES: AND PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
Section 1. Sec. 2-541(e), MCC, is hereby amended by the addition of the
following:
(4) Persons who design county construction projects, or provide
c aJJ1e specifications to the county for such projects or provide the
~ '~petlicaiions for any goods or services, are prohibited from bidding on the
~ ~rOl!~1:~onstruction work and are prohibited from bidding on the provision
a:: 5f~~ ods or services. This prohibition does not apply to design/build
e::: .~o~ and design/build/operate contracts, when authorized by general
5:'ira " . when the Board of County Commissioners have specifically elected
A ~o ~~~d under those provisions of general law.
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u... s,ettlori2. Sec. 2-541(h), Monroe County Code, is hereby amended to read:
(h) In order to determine if persons submitting bids are
responsible, all bids for contracts to be awarded under this section must
contain the following information:
(1) A list of the person's shareholders with five (5) percent or more of
the stock or, if a general partnership, a list of the general partners; or, if a
limited liability company, a list of its members;
(2) A list of the officers and directors of the person;
(3) The number of years the person has been operating and, if different,
the number of years it has been providing the services, goods, or
construction services called for in the bid specifications;
(4) The number of years the person has operated under its present name
and any prior names;
(5) Answers to the following questions regarding claims and suits:
a. Has the person 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, or its officers or general
partners? (If yes, provide details.)
c. Has the person, within the last five (5) years, been a party to
any law suit or arbitration with regard to a contract for services, goods or
construction services similar to those requested in the specifications? (If
yes, provide details.)
d. Has the person ever initiated litigation against Monroe County
or been sued by Monroe 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, an officer, general
partner, controlling shareholder or major creditor of the person was an
officer, general partner, 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 bids;
f. Customer references;
g. Credit references; and
h. Any information requested by the county department involved
in soliciting the bids related to the financial qualifications, technical
competence, the ability to satisfactorily perform within the contract time
constraints, or other information the department deems necessary to
enable the department and board of county commissioners to determine if
the person bidding is responsible.
The department requesting the submission of bids and the OMS
director must make sure that all bid solicitations request the information
required by this subsection 2-541(h), Monroe County Code. The
department requesting the bids, or the OMS director, must evaluate the
information received, and then prepare a recommendation to the board of
county commissioners for each of three lowest bidders as to whether each
bidder is responsible in the view of the information received. In evaluating
the information received, the department and OMS Director are directed to
give greater weight in preparing their recommendation to the bidder's
responses to subsections 2-541(h)(5)(a)-(h), MCC. The County Attorney is
directed to investigate any prior business entities or associates of the
person submitting the bid in order to determine if the inquiries enumerated
in subsection 2-541(h)(5)(a)-(h), MCC, should be applied to any of the
business entities or associates involved in the person's prior business
associations. If the department, OMB Director, or County Attorney have a
reasonable belief that any information furnished by a bidder is false,
misleading or omits relevant facts, the OMB Director and department are
directed to investigate any lawfully available information resource in order
to be able to adequately advise the Board as to whether a bidder is
responsible. If after the bids are received, it is discovered that a bidder
misrepresented or omitted information required by this subsection 2-
541(h), Monroe County Code, then his bid will be automatically disqualified.
If the misrepresentation or omission is discovered after the contract is
awarded, the board of county commissioners may, in its discretion,
terminate the contract with no liability to the county other than to pay the
contract price or unit price for work that is satisfactorily completed and
useful to the county. A notice stating the foregoing must appear in all
solicitations for bids and a provision similar to the immediately preceding
sentence must be added to all contracts covered by this Chap. 2, Art. XXII,
Monroe County Code.
Section 3. If any section, subsection, sentence, clause or provision of this ordinance is
held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 4. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
Section 5. The provisions of this ordinance shall be included and incorporated in the
Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and
shall be appropriately renumbered to conform to the uniform numbering system of the Code.
Section 6. This ordinance shall take effect immediately upon receipt of official notice
from the Office of the Secretary of State of the State of Florida that this ordinance has been filed
with said Office.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of said Board held on the 17th day of Mav , 2000.
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®FLORIPA ItETi— p.,?i . 7.00•
KEYNOTER no.0715400
• NOTICE OF INTENTION TO• I
CONSIDER ADOPTION OF •
Published Twice Weekly COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO.
Marathon, Monroe County, Florida WHOM IT MAY CONCERN that
on Wednesday,May 17,2000,
at 3:00 PM at the Key Largo Li
brary, Tradewinds Shopping
PROOF OF PUBLICATION Center, Key Largo,- Monroe
County, Florida, the Board of
County Commissioners of.Mon-
roe County, Florida; intends to
consider the adoption of the fol-
lowing County ordinate:
STATE OF FLORIDA AN ORDINANCE OF THE •
COUNTY OF MONROE BOARD
RS OF MONK EOCOUIN-
TY,FLORIDA,CREATING SEC-
TION 2-54`1(e)(4), MONROE -
COUNTY CODE,IN ORDER TO
Before the undersigned authority person- PROHIBIT N OUNTY CONSTRUC-
ally appeared WAYNE MARKHAM who on . TION PROJECTS NISH
SPECIFICATIONS OFOR R RCON-
oath, says that he is PUBLISHER of the -GOo STIO SERVICES OR PROJECTS,
FLORIDA KEYS KEYNOTER, a twice . GODINGONSUCHPROJ ICES;
GOODS OR SERVICES;
weekly newspaper published in Marathon, AMENDING- SECTION2-541(h), MONROE COUNTY
CODE, REGARDING HISTORI-
in Monroe County, Florida: that the CAL AND FINANCIAL INFOR-
MATION REQUIRED FROM
attached copy of advertisement was , THOSE SUBMITTING BIDS;
ELIMINATING CERTAIN EX-
published in said newspaper in the issues EMPTIONS OR PUBLICLY
TRADED- ENTITIES FOR RE-,
of: (date(s) of publication) QUIRED. BIDDING INFORMA
TION; PROVIDING THAT THE I
COUNTY DEPARTMENT SO-i
LICITING BIDS OR THE OMB;
DIRECTOR MUST CONSIDER I
THE HISTORICAL, LITIGATION,
n •,1417, a, Affiv D FI NG IAL INFORMA-!
(/�/!//{ TION RECEIVED FROM THOSE.
SUBMITTING BIDS AND- MA-
HE BOCC*1
WHOMET ER ACHTBIDDER IS1'.
RESPONSIBLE; PROVIDING
Affiant further says that the said FLORIDA THAT BIDDERS SUBMITTING I
FALSE HISTORICAL OR Fl NAN I
CIAL ORKEYS KEYNOTER is a newspaper published TINGINRELEVANT NINF RMIA-,
TION WILL HAVE THEIR BIDS
at Marathon, in said Monroe County, AUTOMATICALLY REJECTED,
- OR CONTRACTS-TERMINAT
Florida, and that the said newspaper has ED; PROVIDING FOR SEVER-
ABILITY;PROVIDING FOR THE
heretofore been continuously published in •REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH;
said Monroe County, Florida, twice each PROVIDING FOR INCORPORA- W O
TION INTO THE- MONROE CD �✓ •
week (on Wednesday and Saturday) and COUNTY CODE OF ORDI-
NANCES;AND PROVIDING AN
EFFECTIVE DATE. Z '
has been entered as a second class mail a,-7) m
Pursuant to Section 286.0105, n1 f •-<
matter at the post office in Marathon, in Florida Statutes,notice is given c-)
Monroe County, Florida, for a period of that aif a person decided to theap- CDC-)
Beal any with'respnect
madeo by the C xj-<^- .•CJ
Board respect to any mat- -,,.�7.��
one year next preceding the first ter considered at such hearings �n
oCZ)
publication of the attached copy of or meetings,he will negd a re-
cord of the proceedings, and e., ,v rri
that,for such purpose he may
advertisement. The affiant further says need to ensure that&verbatim -7a' > O C')
record-of the proceedings is r- "' 0
that he has neither paid nor promised any made, which record includes r.. t i al 27
• the testimony and evidence C.)
person, firm, or corporation any discount, , upon which the appeal is to be
aserebate, commission or refund for the • Copies of the above-referenced
purpose of securing this advertisement for ordinance are available for re-
view at the various public librar-
publication in the said newspaper(s) and iesinMonroeCounty,Florida.
that The Florida Keys Keynoter is in full Dated 24thdat Key West,Florida,this
ayofApri1,2000'
compliance with Chapter 50 of the Florida • - DANNY L.KOLHAGE,
State Statutes on Legal and Official C oo rntntinnuedd on eonthe'*��"rta�-
the
Advertisements. ;Next Column --
ex officio Clerk fo the Board 1
of County Commissioners of
iP,,i)
f Monroe County,Florida 1
Publish April 29,May 6,2000.
Florida Keys Keynoter _
SWo to a I sub cribed before me - -
this ifr4D of , 2000
(SEAL) /ta rr
/1 ,--
��(, _ BEVERLY TRAEGER
j/ 9 iaat Exp.&Y13/Pafl9
Notary ft.iC81+7G 42
1
o3/
TIIE '
i. 4 Your Lipper Keys Connection
6 PORTER
P.O. Box 1197•Tavernier, Florida 33070-1197
(305)852-3216 Fax: (305)852-8240
PROOF OF PUBLICATION ,NOTICEOFI I EACH BDDER IS THE BOCC RE-0427900
NOTICE OF INTENTION
TO CONSIDER I SPONSIBLE;PROVID-
ADOPTION OF COUN- I ING THAT BIDDERS
STATE OF FLORIDA TY ORDINANCENOTICE IS HEREBY I SUBMITTING FALSE
COUNTY OF MONROE GIVEN TO WHOM IT I HISTORICAL OR FI-
NFORMA-
MAY CONCERN that on ;TIONNAN O L HITTING
TION OR OMITTING
Wednesday,May 17, RELEVANT INFORMA-
Before the undersigned authority 2000,at 3:00 PM at the j TION WILL HAVE
personally appeared JACKLYN HARDER Key Largo Library, THEIR BIDS AUTO-
Tradewinds Shopping MATICALLY REJFCT-
who on oath, says that she is ASSOCIATE Center,Key Largo,Mon- ED OR CONTRACTS
PUBLISHER of THE REPORTER, a weekly roaCount untyCom-Florida, e• ITERMINIATED;PRO- _
Brd of
newspaper entitled to publish legal missioners of Monroe VIDINGABILIT FOR
newspaper published at Tavernier County,Florida,intends ABILITY;PROVIDING
FOR THE REPEAL OF I
IN-
Monroe County, Florida: that the attached to of
followider ng
gadopt n CALL ONSISTENT
ORDINANCES
of thefollowin CountyCONSISTENTHERE-
copy of advertisement, being a LEGAL ordinance:
NOTICE in said newspaper in the issue of: WITH;PROVIDING FOR
AN ORDINANCE OF INCORPORATION
THE BOARD OF COUN- INTO THE MONROE
,TY COMMISSIONERS COUNTY CODE OF OR-
OF MONROE COUNTY, VIDING FOR AN EF-
DINANCES;AND PRO-
April 27 & May 4, 2000 FLORIDA,CREATING 'FECTIVE DATE.
'SECTION 2-541(e)(4), Pursuant to Section
MONROE COUNTY 286.0105,Florida
Affiant further says that THE REPORTER CODE,IN ORDER TO 'Statutes,notice is given
is a newspaper published at Tavernier, WHO DESIGGN COUNTY
in PROHIBIT ERSONS ;that if a person decided to '
appeal any decision
CONSTRUCTION
said Monroe County, Florida, and that the I made by the Board with
PROJECTS OR FUR-
saidrespect newspaper has heretofore been NISH SPECIFICATIONS p y matter_
continuously published in the said FOR CONSTRUCTION considered at such hear-
PROJECTS,GOODS ,ings or meetings,he will
Monroe County, Florida, each week (on OR SERVICES FROM 'need a record of the pro-
Thursday), and has been entered as BIDDING ON SUCH 'ceedings;and that,for
PROJECTS,GOODS ;such purpose,he may
second class mail matter at the Post need to ensure that aver-
OR SERVICES; batim record of the pro-
Office in Tavernier, in said County of AMENDING SECTION ceedinecord o made,which
pro-
ceedings
Monroe, Florida, for a period of one year 2-541(h),MONROE record includes the testi-
COUNTY CODE,RE- n
up
next preceding the first publication of the GARDING HISTORICAL mony and evidencenceo which the appe to
attached copy of advertisement; and AND FINANCIAL IN- based.
affiant further says that he has neither FORMATION RE-
affiant Copies of the above-ref-
erenced ordinance are
paid nor promised any firm, person, or SUBMITTING BIDS; available for review at the;
ELIMINATING CER-
corporation n
various public libraries i
any discount, rebate, TAIN EXEMPTIONS OR Monroe ubl li Floes
commission or refund for the purpose of PUBLICLY TRADED '
this advertisement forENTITIES FOR RE-
securing Dated at Key West,Flori-
daQUIRED BIDDING IN- this 24th day of April,
publication in the said newspaper and that FORMATION;PROVID- 2000.
Reporter is in full compliance with NGTHATTHECOUNTY
The Re
P P DEPARTMENT SOCK- DANNY L.KOLHAGE,
Chapter 50 of the Florida State Statutes on ITING BIDS OR THE Clerk of the Circuit Court
Legal and Official Advertisem nts. CO B DIRECTOR MUST and ex officio Clerk of the
CONSIDER THE HIS- Board of County Com-
TORICAL,LITIGATION missioners of Monroe
i ' AND FINANCIAL IN- County,Florida •
FORMATION RE- PUBLISHED:4/27&
Obii I1.,At / 1 I CEIVED FROM THOSE '5/4/00
Ara,,
, r` / 1 SUBMITTING BIDSThe Re otter��1: ILLi & ._ AND RECOMMEND TO . The Reporter Q�0
S orn to and bscribe, •efore me this v a °1,,1Ill lc" -,-J • .•--
4t d- of May I00. 110 Y10
,°^ 0,. Anna M Hines d}��'
0
4.. .x.,,,Q__
(S` ' L) *, J*My Commission CC715804 �f �y
,'';�,/Ex res March 31,2002 CC ':-I' 6 1 unr 0®
r .
Notary
1Bannp I.. Itolbagt
BRANCH OFFICE
3117 OVERSEAS InGHWA Y
MARAnION, FLORIDA 33OSO
TEL (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WlllTEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS InGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
June 6, 2000
Mrs. Liz Cloud, Chief
Bureau of Administrative Code & Laws
The Elliott Building
401 S Monroe Street
Tallahassee FL 32399-0250
Dear Mrs. Cloud,
Enclosed please find certified copies of the following:
Ordinance No. 031-2000 creating Section 2-541(e)(4), Monroe County Code, in order to
prohibit persons who design County construction projects or furnish specifications for
construction projects, goods or services from bidding on such projects, goods or services;
amending Section 2-541(h), Monroe County Code, regarding historical and financial information
required from those submitting bids; eliminating certain exemptions or publicly traded entities for
required bidding information; providing that the County department soliciting bids or the OMB
Director must consider the historical, litigation and financial information received from those
submitting bids and recommend to the BOCC whether each bidder is responsible; providing that
bidders submitting false historical or financial information or omitting relevant information will
have their bids automatically rejected or contracts terminated; providing for severability;
providing for the repeal of all ordinances inconsistent herewith; providing for incorporation into
the Monroe County Code of Ordinances; ansi providing an effective date.
Ordinance No. 033-2000 approving the request by Robert Robillard and Sam Stoia to
change the Official Land Use District Map (zoning) from urban residential mobile home (URM)
to urban residential (DR) for properties described as Mandalay Subdivision, Key Largo, located in
section 6, township 62 south, range 39 east, the northeasterly 325 feet of square 3 which runs 250
feet between First and Second Street, Monroe County, Florida, at approximately mile marker 97:
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting in formal session on May 17,2000. Please file for record.
Ordinance No. 034-2000 adopting amendments to Section 9.5-120.4(b) of the Monroe
County Code relating to the TRE (transfer of ROGO exemptions) Program for off-site
redevelopment.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting in formal session on May 18, 2000. Please file for record.
Danny L. Kolhage
Clerk to Circuit Court
and ex officio Clerk to the
Board of County Commissioners
~:G%'.~
ty Cler
Cc: Board of County Commissioners
County Administrator w/o documents
Growth Management
File
Municipal Code 031-2000
County Attorney
OMB 031-2000
Z 4[]8 337 352
Z 4[]8 337 353
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DIVISIONS OF FLORIDA DEPARTMENT OF STATE
Office of the Secretary
Division of Administrative Services
Division of Corporations
Division of Cultural Affairs
Division of Elections
Division of Historical Resources
Division of Library and Infonnation Services
Division of Licensing
MEMBER OF THE FLORIDA CABINET
HISTORIC PRESERVATION BOARDS
Historic Florida Keys Preservation Board
Historic Pahn Beach COWlly Preservation Board
Historic Pensacola Preservation Board
Historic St Augustine Preservation Board
Historic Tallahassee Preservation Board
Historic Tampa/HiIIsborough COWlly
Preservation Board
FLORIDA DEPARTMENT OF STATE
Katherine Harris
Secretary of State
DIVISION OF ELECTIONS
RINGLING MUSEUM OF ART
June 9, 2000
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Pam Hancock, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
receipt of your letter dated June 6, 2000 and certified copies of Monroe County
Ordinance Nos. 031-2000, 033-2000 and 034-2000, which were filed in this office on
June 8, 2000.
LC/mp
Sincerely,
~ ~c&.
Liz C10~bief
Bureau of Administrative Code
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BUREAU OF ADMINISTRATIVE CODE
The Elliot Building . 401 South Monroe Street . Tallahassee, Florida 32399-0250 . (850) 488-8427
FAX: (850) 488-7869 . WWW Address: http://www.dos.state.fl.us . E-Mail: election@mail.dos.statejl.us
"unicipal ~ode Cor~oration
info@.ail..unjcod~.co"
f'O 80x 2235
Tallahassee~ Fl 32316-2235
Supplellent &8
0fifOB12000
We have received the follouing Material through
hard ~oPY, Thaol you for your assishnce and
cooperation.
Ordinance No, 031-2000.
81)0-262-2633 fax 85('-515-9852 BJJ
We can print Y01r policy and procedure aanuals.
let us help you get your Ilanuals up-to-date.
Tired of Mailing out Codes and SuppleMent?
We can dist, ibute the. for you for a .inilal fee!
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lis. Palela 6. Hancock
Drput y Cl er k
"(joroe County
500 Whitehead street
Key West, FL 33040
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