Miami-Dade Legislative Item
File Number: 031143
   

File Number: 031143 File Type: Ordinance Status: Adopted as amended
Version: 0 Reference: 03-67 Control:
File Name: AMD SEC 2-8.1 INCREASE MGR'S DELEGATED AUTHORITY TO ADVERTIS Introduced: 4/18/2003
Requester: NONE Cost: Final Action: 4/8/2003
Agenda Date: 4/8/2003 Agenda Item Number: 6C
Notes: THIS IS FINAL VERSION AS ADOPTED. (also see 030215) Title: ORDINANCE AMENDING SECTION 2-8.1 OF THE CODE OF MIAMI-DADE COUNTY FLORIDA TO INCREASE THE COUNTY MANAGER'S DELEGATED AUTHORITY TO ADVERTISE FOR BIDS, AWARD AND REJECT BIDS OR PROPOSALS FOR THE PURCHASE OF UP TO ONE MILLION DOLLARS ($1,000,000) WORTH OF SUPPLIES, MATERIALS OR SERVICES (OTHER THAN PROFESSIONAL SERVICES) WITHOUT THE NEED FOR PRIOR COMMISSION APPROVAL; PROVIDING SEVERABILITY, INCLUSION IN CODE AND EFFECTIVE DATE
Indexes: AMENDING CODE
  BID ADVERTISEMENT
  PROFESSIONAL SERVICES
Sponsors: Rebeca Sosa, Prime Sponsor
  Sally A. Heyman, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

County Attorney 4/18/2003 Assigned R. A. Cuevas, Jr.

Board of County Commissioners 4/8/2003 6C Adopted as amended P
REPORT: Following concerns raised by Commissioner Rolle regarding inclusion of minority participation, County Manager Steve Shiver noted proactive efforts had been made to reach out to the community and would continue to put forth this effort to obtain minority participation. Commissioner Heyman expressed concern with the criteria and the integrity of that individual who had the delegated authority. She indicated to operate with the same criteria for selection groups for bid specifications was the issue more so than the monetary amount. This would give the Manager more flexibility with a very small percentage. Ms. Heyman stated she would support the efficiency of the proposal. She indicated she would follow-up with a change of practice and procedure so it was not business as usual. Commissioner Morales requested he be listed as a cosponsor of the foregoing proposed ordinance. He also discussed a previous sponsored by him that raised the threshold and significantly reduces the role of the Board in procurement. Commissioner Moss raised a concern with equitable distribution that was currently being developed by Capital Improvement Constructions Coordinator Roger Hernstadt. Chairperson Carey-Shuler reminded the County Manager of her request for a breakdown of the ethnicity of the contractors for purchase of supplies, materials, and services other than professional services. Mr. Theodore Lucas, Director, Department of Procurement Management, noted staff was currently preparing that report. He noted the quarterly reports provided to the Board outlined every contract awarded under the County Manager's delegated authority without Board action. Mr. Lucas stated that he could provide the last four quarterly reports to the Board. Chairperson Carey-Shuler requested that the quarterly reports be read into the record. County Manager Shiver asked that staff be allowed to compile the last four quarterly reports and provide that information later in the meeting. Commissioner Sosa stated that she had also requested the same report being requested by Chairperson Carey-Shuler. She indicated she asked that the report be based on the percentage of population in Miami-Dade County and that the number contracts awarded to firms outside of Miami-Dade County be included in this report. Commissioner Sosa asked that the foregoing requests be part of the administrative order and presented to the Procurement Management Policy Subcommittee for consideration. Commissioner Sosa offered an amendment to the foregoing proposed ordinance to involve the Inspector General's Office in this process due to the increase in the threshold amount. Following discussion on the amendment to include the Inspector General Office in the process, the Board amended the foregoing proposed ordinance to require the Inspector General to closely monitor this process due to the increase in the threshold amount from $500,000 to $1,000,000.

Legislative Text


TITLE
ORDINANCE AMENDING SECTION 2-8.1 OF THE CODE OF MIAMI-DADE COUNTY FLORIDA TO INCREASE THE COUNTY MANAGER'S DELEGATED AUTHORITY TO ADVERTISE FOR BIDS, AWARD AND REJECT BIDS OR PROPOSALS FOR THE PURCHASE OF UP TO ONE MILLION DOLLARS ($1,000,000) WORTH OF SUPPLIES, MATERIALS OR SERVICES (OTHER THAN PROFESSIONAL SERVICES) WITHOUT THE NEED FOR PRIOR COMMISSION APPROVAL; PROVIDING SEVERABILITY, INCLUSION IN CODE AND EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA,
Section 1. Section 2-8.1 of the Code of Miami-Dade County, Florida, is hereby amended as follows:[1]
Sec. 2-8.1. Contracts and purchases generally.
(a) Scope. Except as provided in subsections (f) and (h), this section shall apply to all contracts for public improvements and purchases of all supplies, materials and services other than professional services.

(b) Bid requirement for certain purchases; delegation of authority to advertise, award and reject bids for certain purchases Formal sealed bids shall be secured for all contracts and purchases within the scope of this section when the transaction involves the expenditure of one hundred thousand dollars ($100,000.00) or more, except that the Board of County Commissioners, upon written recommendation of the County Manager, may, by resolution adopted by two-thirds (2/3) vote of the members present, waive competitive bidding when it finds this is to be in the best interest of the County. The County Manager is hereby delegated the authority to advertise for bid, award, and reject bids or proposals for contracts >>for public improvements (construction) costing five hundred thousand dollars ($500,000) or less<< and purchases >>of supplies, materials and services other than professional services<< [[when the transaction involves the expenditure of five hundred thousand dollars ($500,000.00)]] >>costing one million dollars ($1,000,000)<< or less without the need for action by the County Commission. >>The Inspector General shall be invited to participate as appropriate in the processes by which the authority delegated hereby is exercised.<< The County Manager is delegated the authority to utilize any of the following processes for selection of a contractor to perform contracts for public improvements involving the expenditure of five hundred thousand dollars ($500,000.00) or less: competitive price bidding, request for proposals, or request for qualifications without the need for prior approval of the County Commission. The County Manager shall review all construction projects to determine whether the break-up of the project into smaller contracts will increase the opportunity for CSBEs to participate therein. For those contracts where the County Manager requests authority from the County Commission to advertise, the request for such authority shall advise the steps taken to accomplish the foregoing sentence. The County Manager may designate appropriate County staff to exercise the authority delegated hereunder by administrative order, approved by the Board of County Commissioners.
Section 2. If any section, subsection, sentence, clause of this ordinance is held invalid, the remainder of this ordinance shall not be affected thereby.
Section 3. This ordinance does not contain a sunset provision.
Section 4. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," or "article," or other appropriate word.
Section 5. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.



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