Item P10
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
April 19, 2000
Division:
County Attorney
AGENDA ITEM WORDING:
Approval to advertise an ordinance amending Sec. 2-541, MCC, in order to add other
considerations besides lowest prlte to bid considerations and to change other aspects of
acceptable bids.
ITEM BACKGROUND:
At a recent BOCC meeting, the Commission requested the County Attorney's office to
return to us with a proposal to acknowledge that there are, in addition to price
considerations, significant other factors in determining the best candidate for a job.
PREVIOUS RELEVANT BOCC ACTION:
See above.
STAFF RECOMMENDATION:
Approval to advertise for public hearing on May 17, 2000 in Key Largo.
TOTAL COST:
BUDGETED: Yes
No
Cost to County:
APPROVED BY:
County Attorney
DIVISION DIRECTO
Risk Management
DOCUMENTATION:
~
To Follow
Not required
AGENDA ITEM #
J..PID
, .
Commissioner Nora Williams
ORDINANCE NO - 2000
AN ORDINANCE I OF THE BOARD OF COlJNTY CO~~ISSIONERS OF
M()~ROE COUNTY, FLORIDA, CREATING SECTIQN 2-S42.(el(4),
MONROE COUNTY CODE, IN ORDER TO PROHliuT PERSONS WHO
DESIGN COUNTY CONSTRUCTION PROJECTS. OR FURNISH
. ~ ... :':" . , . -', : .. . ~ . ~ .. ,
SPECIFICATIONS FOR CONSTRUCTION PROJECTS, GOODS OR
SERVICES FROM BIDDING ON SUCH PROJECTSi GOODS OR
SERVICES; AMENDING.SECTION 2-S41(h), MONROE COUNTY CODE,
REGARDING HISTOIUcAL 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 desian county construction oroiects. or orovide
the soecifications to the county for such oroiects or orovide the
soecifications for any goods or services. are orohibited from biddina on the
oroiect construction work and are prohibited from biddina on the orovision
of the aoods or services. This orohibition does not aooly to desian/build
contracts and desian/build/ooerate contracts. when authorized by aeneral
law and when the Board of County Commissioners have soecifical/y elected
to oroceed under those provisions of general law.
Section 2. Sec. 2-541(h), Monroe County Code, is hereby amended to read:
(h) In order to determine if persons submitting bids are
resPo~Ij~!~~dS ~or cont~acts to be awarded under this section must
conta\:J'~'Tlng Information:
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(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 oerson ever initiated Iitiaation aaainst Monroe County
or been sued by Monroe County in connection with a contract to orovide
services. aoods or construction services? (If Yes, provide details.)
Eh 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;
f... g. Credit references; and
fto 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.
Exccpt for subpar;)graph (h)(S)g., pro'..isions of this subscction do not
appl'f to publicly tradcd corpor;)tions or publicly tr;)dcd limited p;)rtncrships.
The department reauestina the submission of bids and the OMB
director must make sure that all bid solicitations reauest the information
reauired by this subsection 2-S4Hh)' Monroe County Code. The
department reauestina the bids. or the OMB 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 resoonsible in the view of the information received. In evaluating
.... \., t
the information received. the department and OMB Director are directed to
aive areater weiaht in oreoarina their recommendation to the bidder's
resoonses to subsections 2-54Hh)(5)(a)-(h). MCC. If the deoartment or
OMB Director have a reasonable belief that any information furnished by a
bidder is false. misleadina or omits relevant facts. the OMS Director and
deoartment are directed to investiaate any lawfully available information
resource in order to be able to adeauately advise the Board as to whether a
bidder is responsible. If after the bids are received, it is discovered that a
bidder misreoresented or omitted information reauired by this subsection 2-
54Hh). Monroe County Code. then his bid will be automatically disaualified.
If the misreoresentation or omission is discovered after the contract is
awarded. the board of'l:ounty commissioners may. in its discretion.
terminate the contract with no liability to the county other than to Day the
contract orice or unit orice for work that is satisfactorily comoleted and
useful to the county. A notice statina the foregoing must aooear in all
solicitations for bids and a orovision similar to the immediately orecedina
sentence must be added to all contracts covered by this Chao. 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 day of , 2000.
Mayor Shirley Freeman
Commissioner Wilhelmina Harvey
Commissioner George Neugent
Commissioner Mary Kay Reich
Commissioner Nora Williams
{SEAL}
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairperson
jdordnewbids
8~
ROBERT. FE
DAtE