Miami-Dade Legislative Item
File Number: 070643
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File Number: 070643 File Type: Ordinance Status: In Committee
Version: 0 Reference: 07-77 Control: County Commission
File Name: ORDINANCE AMENDING PROCUREMENT PROCEDURES SEC.2-8.2.10 Introduced: 2/28/2007
Requester: NONE Cost: Final Action: 6/5/2007
Agenda Date: 6/5/2007 Agenda Item Number: 7E
Notes: 1st reading 3/20/2007; municipal notice required; 2nd reading 6/5/2007; 6-wk p.h.; 4-wk muni not. Title: ORDINANCE AMENDING SECTION 2-8.2.10 OF THE CODE OF MIAMI-DADE COUNTY RELATED TO PROCUREMENT PROCEDURES FOR CONTRACTS RELATED TO PROJECTS FUNDED IN WHOLE OR IN PART BY BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND PROGRAM FUNDS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND EFFECTIVE DATE
Indexes: ORDINANCE AMENDING
  PROCUREMENT
Sponsors: Sally A. Heyman, Prime 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

Board of County Commissioners 6/5/2007 7E Adopted P
REPORT: County Attorney Greenberg read the foregoing ordinance into the record. Commissioner Heyman noted that the proposed ordinance was a follow-up to legislation passed by the Board of County Commissioners on June 6, 2006 that allowed cities to use their own procurement procedures for projects within their municipalities. She stated that the Miami-Dade Library System’s Director, Raymond Santiago, requested that two projects be on board (the Northeast Library in the City of Aventura and the Hialeah Gardens Library in the City of Hialeah Gardens), and that the Office of Capital Improvements Director Roger Hernstadt would be the overseer. Commissioner Heyman noted that the implementing agencies would be any of the 35 municipalities located within the county. She stated that time saved within the procurement process could save money for the county. Commissioner Sorenson referred to sustainable building practices legislation, and suggested incorporating it into the proposed ordinance pertaining to the provisions of the county or the municipalities. The County Attorney’s Office’s Geri Bonzon-Keenan advised that in order to implement the requested change, the language on handwritten page 6, line 2, on the proposed ordinance could be changed to read as follows: “the provisions of Section 971 through 975, respectively, shall apply to such project unless the municipality elects to apply the requirements of its own sustainable building programs as applicable to the contracts related to such projects.” She stated that municipalities that did not have a program were required to implement one that was consistent with the County. Commissioner Heyman noted that the Board made a recommendation in 2006 regarding the City of Aventura and the City of Hialeah Gardens conforming to the will of the Board. She stated that the Board recently passed legislation to provide support for workers, which related to the Board’s policy and had to be adhered to. Commissioner Heyman noted that despite the difference between recent legislation and the legislation of 2006, it was still part of the Board’s oversight. Commissioner Sosa requested to be listed as a co-sponsor on the proposed ordinance. Commissioner Seijas expressed concern regarding the proposed amendment and whether the municipalities were able to meet the requirement. She noted that municipalities received a six week notice of any actions concerning them made by the Board. Ms. Bonzon-Keenan noted that six weeks passed between the first and the second hearings. Commissioner Seijas noted that the amendment was not included in the proposed ordinance when it came before the Governmental Operations and Environment Committee (GOEC). She expressed concern that municipalities would not hear about the amendment until it was approved. Commissioner Heyman also expressed concern regarding whether the City of Aventura and the City of Hialeah Gardens would be able to abide by the amendment, and noted that the two projects were under the General Obligation Bond Program (GOB). First Assistant County Attorney Robert A. Cuevas advised that once an item went to a public hearing and came back as a second reading, it was the Board’s prerogative to legally make any amendments. He stated that it was a matter of policy if the Board wished for an item to go back to (GOEC) because the amendments were considered effective to the municipalities in a manner that did not give them an adequate notice to react. Commissioner Rolle asked the Office of Capital Improvements Director to monitor the Community Small Business Enterprise (CSBE) Program and ensure that a mechanism was in place to examine small business participation in the various municipalities’ procurement processes. He also asked Mr. Hernstadt to provide him with a list of municipalities that did not have CSBE Programs in place and to ensure that municipalities implement a program consistent with the County’s if they did not have one. Commissioner Moss referred to language on handwritten page 3, under the Section entitled Background, paragraph 2, line 9 of the County Manager’s memorandum, stating: “In the event a municipality has their own small business program approved by its board, it can be used in lieu of the County’s programs.” He expressed concern regarding the provisions of a municipality program, and how it compared to the County’s program. Mr. Hernstadt noted that one city had a small business program, and if the legislation was too permissive to the operations of a municipality it would be brought to the Board’s attention with a recommended amendment. Commissioner Heyman noted that she wanted to hold off on any amendments to the proposed ordinance, but felt the cities needed six weeks to determine if the ordinance worked for them. She stated that the Bonds went through the county, and the base of operations had to meet the Board’s level of acceptance. It was moved by Commissioner Heyman that the foregoing proposed ordinance be adopted. This motion was seconded by Commissioner Sorenson, and upon being put to a vote, passed with a vote of 11-0 (Commissioners Diaz and Souto were absent).

Governmental Operations and Environment Committee 5/15/2007 4B Forwarded to BCC with a favorable recommendation P
REPORT: The foregoing proposed ordinance was read into the record by Assistant County Attorney Joni Armstrong-Coffey. Following discussion regarding the sponsorship of this proposed ordinance, Chairwoman Seijas asked that the agenda be changed to list Commissioner Heyman as the sponsor of this item and remove the County Manager. Chairwoman Seijas opened the public hearing on the foregoing proposed ordinance and hearing no person wishing to speak on this matter, the public hearing was closed. Commissioner Martinez asked if this ordinance had already been approved at the June 6, 2006 BCC meeting. Assistant County Attorney Bonzon-Keenan clarified the ordinance approved in June 2006, required that municipal officials use their own procurement policies when constructing a municipal project within their jurisdiction. She pointed out that this proposal required that muncipal officials use their own procurement policies when constructing a project on behalf of the County, unless the respective municipality did not have a Small Business program in place. Hearing no further comments, the Committee proceeded to vote on the foregoing proposed ordinance, as presented.

Board of County Commissioners 3/28/2007 Municipalities notified of public hearing Governmental Operations and Environment Committee 5/15/2007 3/20/2007

Board of County Commissioners 3/20/2007 Tentatively scheduled for a public hearing Governmental Operations and Environment Committee 5/15/2007

Board of County Commissioners 3/20/2007 4B Adopted on first reading 5/15/2007 P
REPORT: The foregoing proposed ordinance was scheduled for public hearing before the Governmental Operations and Environment Committee (GOEC) meeting of Tuesday, May 15, 2007, at 9:30 a.m

Board of County Commissioners 3/9/2007 Requires Municipal Notification Governmental Operations and Environment Committee 5/15/2007

County Attorney 3/5/2007 Assigned Geri Bonzon-Keenan 3/5/2007

County Manager 3/5/2007 Assigned County Attorney 3/20/2007
REPORT: REVISED DOCUMENT

County Manager 3/2/2007 Assigned Alex Munoz 3/2/2007
REPORT: RETURN FOR CORRECTION'S-EG

County Attorney 3/1/2007 Assigned County Manager's Office
REPORT: returned for changes

County Attorney 3/1/2007 Assigned Geri Bonzon-Keenan 3/1/2007

County Manager 2/28/2007 Referred Governmental Operations and Environment Committee 5/15/2007

County Manager 2/28/2007 Assigned County Attorney 3/20/2007
REPORT: CMO(GOE 5/15/2007)(1ST reading 3/20/07)(2nd reading 6/5/07)( requires municipal notice)(PH)

County Manager 2/28/2007 Assigned Alex Munoz 2/28/2007 2/28/2007

Legislative Text


TITLE
ORDINANCE AMENDING SECTION 2-8.2.10 OF THE CODE OF MIAMI-DADE COUNTY RELATED TO PROCUREMENT PROCEDURES FOR CONTRACTS RELATED TO PROJECTS FUNDED IN WHOLE OR IN PART BY BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND PROGRAM FUNDS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND EFFECTIVE DATE

BODY
WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated in this Ordinance by this reference, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA: Section 1. Section 2-8.2.10 of the Code of Miami-Dade County, Florida is amended as follows: Section 2-8.2.10 Procurement policy as to contracts related to projects funded in whole or in part by Building Better Communities General Obligation Bond Program Funds. (1) Notwithstanding and prevailing over any other provision of the Code of Miami-Dade County, Florida to the contrary, as to contracts related to [[municipal]] projects >>constructed by any municipality and <>; provided, however, if a project funded in whole or in part by Building Better Communities General Obligation Bond Program funds is constructed by any municipality on behalf of the County, the provisions of Section 2-10.4.01 and Section 10-33.02, respectively, shall continue to apply to such project unless the municipality elects to apply the requirements of its own small business program(s) to the contracts related to such project.<< Section 2. 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 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any Sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate work. Section 4. This ordinance shall become effective 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. PASSED AND ADOPTED: Approved by County Attorney as to form and legal sufficiency: ________ Prepared by: ________ Geri Bonzon-Keenan

HEADER
Date:
To: Honorable Chairman Bruno A. Barreiro
and Members, Board of County Commissioners

From: George M. Burgess
County Manager

Subject: Ordinance Amending Section 2-8.2.10 of the Code of Miami-Dade County Related to Procurement Procedures

STAFF RECOMMENDATION
Recommendation
It is recommended that the Board of County Commissioners (Board) adopt the attached ordinance amending Section 2-8.2.10 of the Code of Miami-Dade County. The amendment establishes provisions that would allow municipalities to use their own procurement procedures when constructing projects on behalf of the County with Building Better Communities (BBC) General Obligation Bond Program funds. The County’s Community Small Business Enterprise (CSBE) and Community Small Business Enterprise – Architecture and Engineering (CBE-A/E) programs would apply unless a municipality has their own small business program approved by their board which would then be used in lieu of ours. On June 6, 2006 the Board approved an ordinance for cities to use their own procurement procedures for projects inside their municipal limits. Individual development agreements between the County and a municipality will continue to be brought to the Board for approval. Scope The impact of this ordinance is within the boundaries of the 35 municipalities within Miami-Dade County. Fiscal Impact/Funding Source The proposed legislation will permit municipalities to use their own procurement procedures to construct Building Better Communities bond projects on behalf of the County. The proposed ordinance does not exempt the municipalities from complying with the Florida Statutes that govern the selection of architects and engineers (A&Es) and contractors. Like the County, municipalities will have to use a qualifications-based selection for A&Es as prescribed by Florida Statute 287.055. Similarly, municipalities must obtain competitive, sealed bids for construction contractors as governed by Florida Statutes 255.20. Bid waivers by municipalities are only permissible to the extent that such waivers are allowed under Florida law and city ordinance. The ordinance will save time due to the learning curve associated with utilizing unfamiliar County procurement procedures. Currently, the local economy is facing a 2% per month inflation on construction costs. The proposed ordinance allowing municipalities constructing Building Better Communities projects on behalf of the County to use their own procurement procedures will minimize these inflationary costs as well as allow the County to save the cost of training the municipalities. The County will make disbursements to the municipalities on a reimbursement basis and the Office of the Inspector General will continue to have access to inspect, audit and review any GOB-funded project. Track Record/Monitor Recommending Entity – The implementing agency will be one of 35 municipalities located within Miami-Dade County. Responsible for Monitoring – Office of Capital Improvements (OCI), Roger T. Hernstadt, Director. The Project Manager from OCI will be Ana Watson, P.E. - Senior Professional Engineer.

MANAGER'S BACKGROUND
On June 6, 2006 the Board approved Ordinance No. 06-88 enacting Section 2-8.2.10 of the Code of Miami-Dade County to establish procurement procedures for contracts related to projects funded in whole or in part by the BBC General Obligation Bond Program. The ordinance established provisions for the municipalities and certain not-for-profit organizations with projects funded by the BBC General Obligation Bond program to use their own procurement procedures for projects on their property, including application of their own small business programs. However, Ordinance No. 06-88 did not include provisions for municipalities to use their own procurement procedures when constructing a project on behalf of the County. In order to expedite and distribute the work load of the BBC General Obligation Bond projects, the Library Department has requested to allow municipalities to construct two (2) of their projects. These projects include the Northeast Library (City of Aventura) and the Hialeah Gardens Library (City of Hialeah Gardens). Additionally, other projects may be expedited by allowing municipalities to construct projects for the County. The proposed amendment would allow municipalities to adhere to their own procurement procedures, with the exception of the CSBE and CBE-A/E programs, when constructing projects on behalf of the County. In the event a municipality has their own small business program approved by its board, it can be used in lieu of the County’s programs. Although this change would waive adherence to most of the County’s procurement procedures for these projects, the total dollar value of the impacted projects is very small when compared to the whole of the $2.9 billion BBC capital program. These changes should expedite the delivery of BBC Bond projects to the community since, through the use of municipal capital construction forces, the total number of projects that can be constructed at any given time would be increased.



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