Miami-Dade Legislative Item
File Number: 081757
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File Number: 081757 File Type: Ordinance Status: Adopted
Version: 0 Reference: 08-81 Control: Board of County Commissioners
File Name: AMEND SEC. 2-8 INCREASE AUTHORITY TO AWARD AND REJECT CONTR Introduced: 6/3/2008
Requester: NONE Cost: Final Action: 7/1/2008
Agenda Date: 7/1/2008 Agenda Item Number: 7D
Notes: HAS 1 YEAR SUNSET Title: ORDINANCE AMENDING SECTION 2-8 INCREASING THE AUTHORITY DELEGATED TO AWARD AND REJECT MISCELLANEOUS CONSTRUCTION CONTRACTS DESIGNED TO PROVIDE OPPORTUNITIES FOR COMMUNITY SMALL BUSINESS ENTERPRISES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 081474]
Indexes: CONTRACT AUTHORITY
  CSBE PROGRAM
Sponsors: Joe A. Martinez, Prime Sponsor
Sunset Provision: Yes Effective Date: 7/11/2008 Expiration Date: 7/10/2009
Registered Lobbyist: None Listed


Legislative History

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

Board of County Commissioners 7/1/2008 7D Adopted P
REPORT: County Attorney Cuevas read the foregoing proposed ordinance into the record. County Attorney Cuevas confirmed this delegation was limited to miscellaneous construction contracts designed to provide opportunities to the Community Small Business Enterprises (CSBE) program. Mr. John Renfrow, Director, Water and Sewer Department, noted approximately 80 percent of the construction contracts would be expedited as a result of the proposed increase of $200 million to the expenditure limit. There being no further questions or comments, the Board proceeded to vote.

Budget and Finance Committee 6/10/2008 2K Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Jess McCarty read the foregoing proposed ordinance into the record. Chairman Martinez relinquished the Chair to Vice-Chairman Gimenez. The public hearing was opened. It was closed after no one appeared in response to Vice-Chairman Gimenez’s call for persons wishing to be heard. In response to Commissioner Martinez’s inquiry concerning the inclusion of the amendment made to this proposed ordinance when it was adopted on first reading May 20, 2008, by the County Commission, Assistant County Attorney McCarty advised this proposed ordinance had been amended to include a one year sunset provision. Hearing no other questions or comments, the Committee proceeded to vote.

County Attorney 6/3/2008 Referred Budget and Finance Committee 6/10/2008

County Attorney 6/3/2008 Assigned Hugo Benitez 6/3/2008

Board of County Commissioners 5/20/2008 4F AMENDED Adopted on first reading as amended P
REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. Commissioner Martinez asked that this proposed ordinance be amended to include a provision that this proposed increase to the authority delegated to the County Manager to award and reject miscellaneous construction contracts designed to provide opportunities for community small business enterprises was for one year. Hearing no other questions or comments, the Commission proceeded to vote on this proposed ordinance, as amended. The Board adopted the foregoing proposed ordinance on first reading as amended and scheduled the public hearing before the June 10, 2008, Budget and Finance Committee, at 2:00 p.m.

Legislative Text


TITLE
ORDINANCE AMENDING SECTION 2-8 INCREASING THE AUTHORITY DELEGATED TO AWARD AND REJECT MISCELLANEOUS CONSTRUCTION CONTRACTS DESIGNED TO PROVIDE OPPORTUNITIES FOR COMMUNITY SMALL BUSINESS ENTERPRISES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:

Section 1. Section 2-8.1 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
* * *
Section 2-8.1 Contracts and purchases generally.

(b) Bid requirement for certain purchases; delegation of authority to advertise, award and reject bids or proposals 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 two hundred fifty thousand dollars ($250,000) 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 all County contracts, including contracts for public improvements, purchases of supplies, materials and services, and purchases of professional services, without the need for action by the County Commission. The County Manager shall be required to include in any such advertisement the measures approved by the Review Committee relating to the County's small and community business programs established in this Code. The County Manager shall further be required to report to this Board on a quarterly basis all contracts advertised with the measures included, and other steps taken to foster small and community business programs. The Commission Auditor shall review and evaluate the Manager's exercise of authority delegated pursuant to this section and report the results of his or her evaluation to the Board of County Commissioners on a periodic basis. The County Manager is hereby delegated the authority to award and reject bids or proposals for contracts for public improvements (construction), and purchases of supplies, materials and services (including professional services, other than professional architectural, engineering and other services subject to Sec. 2-10.4 and Sec. 287.055 Fla>>.<< Stats.) costing one million dollars ($1,000,000) or less >>, or in the case of miscellaneous construction contracts designed to provide opportunities for Community Small Business Enterprises specifically authorized by Board resolution two and one half million dollars ($2,500,000) or less,<< without the need for action by the County Commission. The authority to award contracts provided in the preceding sentence shall not constitute authority for the County Manager to exercise an option to renew any contract where the combined value for such contract's initial term and the option to renew would exceed one million dollars ($1,000,000), and in such instances the County Manager shall obtain the prior authorization of the County Commission to exercise such option. The County Manager may recommend that the foregoing requirement to obtain prior Commission authorization to exercise an option to renew be waived for a specific contract when the Manager deems it to be in the best interests of the County. 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: 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 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.
Section 5. This ordinance shall stand repealed one year from its effective date.
1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.



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