Miami-Dade Legislative Item
File Number: 112089
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File Number: 112089 File Type: Ordinance Status: In Committee
Version: 0 Reference: Control: Regional Transportation Committee
File Name: WAIVING COMPETITIVE PROCUREMENT OF GOODS & SVCS AT MIA Introduced: 10/6/2011
Requester: NONE Cost: Final Action:
Agenda Date: Agenda Item Number: 4E
Notes: SEE AMENDED #112627-SUNSET PROVISION Title: ORDINANCE CREATING SECTION 2-286.2 OF THE CODE OF MIAMI-DADE COUNTY; FINDING THAT IT IS IN THE BEST INTEREST OF MIAMI-DADE COUNTY TO WAIVE COMPETITIVE PROCUREMENT OF GOODS AND SERVICES AT MIAMI INTERNATIONAL AIRPORT WERE NECESSARY TO AVOID DISRUPTIONS TO PASSENGERS OR AIRLINE OPERATIONS; DELEGATING TO THE COUNTY MAYOR OR MAYOR’S DESIGNEE THE AUTHORITY TO ADVERTISE, AWARD, AMEND, AND NEGOTIATE CONTRACTS FOR GOODS AND SERVICES AT MIAMI INTERNATIONAL AIRPORT, TO EXTEND CONTRACT DURATION, AND TO SETTLE CLAIMS, WITHOUT NEED FOR PRIOR BOARD APPROVAL; DELEGATING TO THE COUNTY MAYOR OR MAYOR’S DESIGNEE THE AUTHORITY TO ADVERTISE, AWARD, AMEND, AND NEGOTIATE CONTRACTS FOR CONSTRUCTION AND PROFESSIONAL SERVICES AT MIAMI INTERNATIONAL AIRPORT, TO EXTEND CONTRACT DURATION, TO EXECUTE CHANGE ORDERS, AND TO SETTLE CLAIMS, WITHOUT NEED FOR PRIOR BOARD APPROVAL; REQUIRING THE COUNTY MAYOR TO SPECIFY PROJECTED CAPITAL PROJECTS IN THE YEARLY BUDGET; SPECIFYING MAXIMUM DOLLAR LIMITS ON ANY CHANGE ORDERS EXECUTED WITHOUT PRIOR APPROVAL OF THE BOARD OF COUNTY COMMISSIONERS; PROVIDING FOR RATIFICATION OF ALL ACTIONS; PROVIDING FOR THE COUNTY MAYOR OR MAYOR’S DESIGNEE TO EXECUTE CHANGE ORDERS RELATED TO CONTRACTS CURRENTLY AWARDED RELATED TO THE REMAINING CONSTRUCTION AND DESIGN OF NORTH TERMINAL; ALLOWING THE COUNTY MAYOR OR MAYOR’S DESIGNEE TO AWARD LEASES WITH THE FEDERAL GOVERNMENT OF UP TO TEN YEARS IN TERM WITHOUT PRIOR APPROVAL OF THE BOARD OF COUNTY COMMISSIONERS; PROVIDING FOR SEVERABILITY, PRIORITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: COMPETITIVE SELECTION PROCESS
  MIAMI INTERNATIONAL AIRPORT
  ORDINANCE
  ORDINANCE CREATING
  PROCUREMENT
  WAIVE COMPETITIVE BIDDING PROCESS
Sponsors: Bruno A. Barreiro, Prime Sponsor
Sunset Provision: Yes Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

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

Regional Transportation Committee 12/12/2011 1E1 Amended
REPORT: (See Agenda Item 1E1 Amended; Legislative File No. 112627)

Board of County Commissioners 11/15/2011 Public Hearing Rescheduled Regional Transportation Committee 12/12/2011
REPORT: The Board reconsidered Agenda Item 15B1 Legislative File No. 112232 from the November 3, 2011 Board meeting to amend and change the public hearing date for this proposed ordinance from the December 13, 2011 Internal Management and Fiscal Responsibility at 2:00 p.m. to the December 12, 2011 Regional Transportation Committee at 9:30 a.m. (See the November 15, 2011, Board meeting minutes, Agenda Item 15F1, Legislative File No. 112232).

Board of County Commissioners 11/3/2011 Tentatively scheduled for a public hearing Internal Mgmt. & Fiscal Responsibility Committee 12/13/2011

Board of County Commissioners 11/3/2011 4A Adopted on first reading 12/12/2011 P
REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. Hearing no questions or comments, the Commission proceeded to vote on the foregoing proposed ordinance. The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Internal Management and Fiscal Responsibility Committee on December 13, 2011. Subsequently, at the November 15, 2011 meeting, the Board reconsidered Agenda Item 15B1 (Legislative File No. 112232), the report reflecting the public hearing dates for ordinances on first reading from the November 3rd, and changed the public hearing date for this proposed ordinance listed as December 13, 2011 Internal Management and Fiscal Responsibility Committee at 2:00 p.m. to the December 12, 2011 Regional Transportation Committee at 9:30 a.m.

County Attorney 10/6/2011 Referred Regional Transportation Committee 12/12/2011

County Attorney 10/6/2011 Assigned David M. Murray 10/6/2011

Legislative Text


TITLE
ORDINANCE CREATING SECTION 2-286.2 OF THE CODE OF MIAMI-DADE COUNTY; FINDING THAT IT IS IN THE BEST INTEREST OF MIAMI-DADE COUNTY TO WAIVE COMPETITIVE PROCUREMENT OF GOODS AND SERVICES AT MIAMI INTERNATIONAL AIRPORT WERE NECESSARY TO AVOID DISRUPTIONS TO PASSENGERS OR AIRLINE OPERATIONS; DELEGATING TO THE COUNTY MAYOR OR MAYOR’S DESIGNEE THE AUTHORITY TO ADVERTISE, AWARD, AMEND, AND NEGOTIATE CONTRACTS FOR GOODS AND SERVICES AT MIAMI INTERNATIONAL AIRPORT, TO EXTEND CONTRACT DURATION, AND TO SETTLE CLAIMS, WITHOUT NEED FOR PRIOR BOARD APPROVAL; DELEGATING TO THE COUNTY MAYOR OR MAYOR’S DESIGNEE THE AUTHORITY TO ADVERTISE, AWARD, AMEND, AND NEGOTIATE CONTRACTS FOR CONSTRUCTION AND PROFESSIONAL SERVICES AT MIAMI INTERNATIONAL AIRPORT, TO EXTEND CONTRACT DURATION, TO EXECUTE CHANGE ORDERS, AND TO SETTLE CLAIMS, WITHOUT NEED FOR PRIOR BOARD APPROVAL; REQUIRING THE COUNTY MAYOR TO SPECIFY PROJECTED CAPITAL PROJECTS IN THE YEARLY BUDGET; SPECIFYING MAXIMUM DOLLAR LIMITS ON ANY CHANGE ORDERS EXECUTED WITHOUT PRIOR APPROVAL OF THE BOARD OF COUNTY COMMISSIONERS; PROVIDING FOR RATIFICATION OF ALL ACTIONS; PROVIDING FOR THE COUNTY MAYOR OR MAYOR’S DESIGNEE TO EXECUTE CHANGE ORDERS RELATED TO CONTRACTS CURRENTLY AWARDED RELATED TO THE REMAINING CONSTRUCTION AND DESIGN OF NORTH TERMINAL; ALLOWING THE COUNTY MAYOR OR MAYOR’S DESIGNEE TO AWARD LEASES WITH THE FEDERAL GOVERNMENT OF UP TO TEN YEARS IN TERM WITHOUT PRIOR APPROVAL OF THE BOARD OF COUNTY COMMISSIONERS; PROVIDING FOR SEVERABILITY, PRIORITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, Miami International Airport (MIA) is a primary means by which tourists, residents, and cargo enter and depart Miami-Dade County; and
WHEREAS, tourism and international trade are key elements of the economy of Miami-Dade County; and
WHEREAS, MIA faces competition from airports in Florida, in Atlanta, and in Texas for passengers, and from airports throughout the world for international cargo; and
WHEREAS, to ensure that MIA can compete with these airports, and can otherwise remain a leading national airport, and a cornerstone of the County economy, it is necessary to ensure that MIA can quickly and effectively respond to customer and airline needs, or to market opportunities; and
WHEREAS, an inability to quickly and effectively respond to such needs could result in economic harm to the County, including the loss of trade, tourists, and jobs,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 2-286.2 of the Code of Miami-Dade County is created to read as follows:1
>>Sec 2-286.2. Miami International Airport Enterprise Ordinance.

(1) This Section of the Miami-Dade County Code shall be referred to as the Miami International Airport Enterprise Ordinance. This Ordinance shall be broadly construed, in light of the unique importance of Miami International Airport to the economic well-being of Miami-Dade County and the County’s desire that Miami International Airport be able to quickly respond to market opportunities and passenger or airline needs. Specifically, and in light of the unique importance of Miami-International Airport to the economic well-being of the County, inclusive of its role in tourism, cargo, and job creation, the Board finds that it is in the best interests of Miami-Dade County to permit the County Mayor or designee to award contracts for goods and services via bid waiver where necessary to avoid disruption to passengers or airport operations.

(2) The powers conferred in this Ordinance shall be supplemental to, and not in derogation of, any other powers or authority granted elsewhere in any ordinance, statute, or resolution.

(3) With respect to any contract at Miami International Airport, but excluding contracts for capital or other construction, the County Mayor or designee is authorized to:

(a) Draft, Issue, or Advertise Invitations to Bid, Requests for Proposals, Requests for Qualifications, or any other document seeking competitive procurement of goods, services, or concessions.

(b) Waive competitive procurement of goods and services, upon recommendation of the County Mayor, where such waiver is necessary to avert a disruption to passengers or to airport operations. However, contemporaneously with such extension or adjustment, the County Mayor or designee shall file with the Clerk of the Board a memoranda specifying the disruption being avoided by such Bid Waiver, and explaining why a competitive procurement could not accomplish the same avoidance.

(c) May reject all bids, proposals, or other documents received in connection with any competitive or negotiated procurement.

(d) May award any contract for goods, services, inclusive of bid waivers, if the value of such contract, inclusive of option years and allowance accounts, is less than $5,000,000.00. In the event that any award of any such contract is protested, the Board of County Commissioners shall award such contract. This Section does not authorize the County Mayor or designee to award concession contracts.

(e) Where necessary to avoid disruption to passengers or to airport operations, extend any contract for goods, services, or concession on a month to month basis, or to adjust the payments made by any concession to the County; however, contemporaneously with such extension or adjustment, the County Mayor or designee shall file with the Clerk of the Board a memoranda specifying the disruption being avoided by such extension or adjustment, and the anticipated date that a replacement contract will be awarded.

(f) Negotiate and settle, via change order or settlement agreement, any claims made by any contractor for goods, services, or concessions, so long as the aggregate value of the settlement does not exceed $5,000,000.00.

(g) Execute change orders modifying the terms and conditions of any contract for goods, services, or concessions, if the value of such modification is less than $5,000,000.00 over the life of the contract. All such change orders shall include a line quantifying the value of the changed contract language.

(h) Set an ACDBE goal on contracts for airport concessions.

(i) Issue non-exclusive permits, of up to two years in duration, allowing third party economic activity at any airport, if such permits are revocable at the will of the County, impose no financial obligation on the County, and provide for payments to the County of a stipulated percentage of gross sales by the permittee to the County. Any such permit so issued may be extended pursuant to the terms of (e), above.

(j) Without minimizing competition and without favoring local companies, the County Mayor or designee may, but is not required to, pursue concessions that reflect the diverse, cosmopolitan blend of people’s and cultures that make up Miami-Dade County, such that Miami International Airport reflects to the traveling public the unique character of Miami-Dade County.

(k) May impose terms and conditions of the Local Preference Ordinance, Section 2-8.5 of the Code of Miami-Dade County, on concession contracts.

(l) Enter into negotiations for award of a contract with one or more concessionaires, if such contract will be non-exclusive. The County Mayor or designee is not authorized to negotiate exclusive concession contracts with a single concessionaire.

(m) Where necessary due to changing customer needs or consumer demand, authorize existing concessionaires to alter or modify concession concepts.

(4) All powers granted to the County Mayor or designee pursuant to 2-286.2(3) are subject to ratification by the Board of County Commissioners. All change orders, settlements, modifications, adjustments, or extensions granted pursuant to any authority herein shall specify that the action is revocable if not ratified by the Board of County Commissioners. Additionally, the County Mayor or designee shall provide notice to the Chair of the Board of County Commissioners when the County Mayor or designee exercises any power granted in this section; however, failure to provide such notice shall not affect the validity of such action.

(5) With respect to any contracts for capital improvements, other construction, or for professional services, the County Mayor or designee is authorized to:

(a) Present, as part of the Aviation Department’s yearly budget submittal, a work program specifying projected capital needs over the five years. This work program shall be broken down by category into North Terminal projects, Central Terminal projects, South Terminal Projects, Airfield Projects, Roadway Projects, General Aviation Projects, and Non-Terminal Projects.

(b) The work program shall specify the reason each capital project is needed, the projected cost of such project inclusive of both construction and design/engineering costs, shall specify all grants which may be available to fund such project, shall specify the impact of such project on potential revenues, and shall specify all impacts to airport operations and the community which may result during the construction of such project. The work program shall also list all previously approved projects currently ongoing.

(c) The Board of County Commissioners shall approve or disapprove projects submitted. For each project submitted that is approved, the Board of County Commissioners shall allocate a maximum project amount, inclusive of design or engineering costs. All approved capital projects shall be listed on the approved work plan under the appropriate category as delineated in 2-286.2(5)(a). For each such category, the aggregate of the approved projects in the category, plus a ten percent contingency fee, shall reflect the budget cap for each category of approved capital projects.

(d) With respect to any capital project approved by the Board of County Commissioners, the County Mayor or designee may:

(i) Draft, Issue, or Advertise Invitations to Bid, Requests for Proposals, Requests for Qualifications or any other competitive procurement document seeking construction of the project, seeking materials to be incorporated into the project, or design, engineering, or construction management services. The Aviation Department is authorized to utilize fixed cost, unit price, design-build, construction manager at risk, or any other manner of construction contract authorized by law.

(ii) May reject or award all bids, proposals, or other documents received in connection with any competitive procurement. However, in the event that any award of any such contract is protested, the Board of County Commissioners shall award such contract. The County Mayor or Designee may not waive competitive bids in the award of a contract without the approval of the Board of County Commissioners.

(iii) May extend the time for completion of any contract for construction, materials, or professional services.

(iv) May negotiate and settle claims, via issuance of a change order or settlement agreement.

(v) May negotiate and execute change orders altering the terms of any contract, as may be necessary to more efficiently accomplish completion of the work or to enhance the value of the project.

(vi) Re-allocate unspent monies within the approved work-plan categories.

(vii) Apply for, execute, and receive any federal or state grant in connection with any project, and execute any ancillary documents required to effectuate such grant.

(viii) Apply for, execute, and enter into joint participation agreements with any local, state, or federal government entity for the completion of a project, so long as the County’s financial commitment pursuant to any such agreement is less than the value assigned to the project in the approved work plan.

(ix) Impose a DBE goal or measure on any construction project.

(x) May advertise and award contracts for professional services, consistent with the requirements of 2-286.2(5)(e). With respect to any contract so awarded, the County Mayor or Mayor’s designee may exercise any power granted in 2-286(5)(d)(i)-(viii).

(e) May issue and evaluate Requests for Qualifications for Professional Services, if the RFQ and evaluation process is otherwise consistent with Section 2-10.4 of the Code of Miami-Dade County; the County Mayor or designee is authorized to take any act with respect to such RFQ as is delegated to the County Manager in Section 2-10.4. The County Mayor or designee is authorized appoint a negotiation committee to enter into negotiations with the firm deemed most qualified, and to award a contract to such firm. In the event that the County Mayor or designee is unable to negotiate a contract with the most qualified firm, the County Mayor or designee is authorized to negotiate, sequentially, with the remaining firms in order of qualifications; alternately, the County Mayor or designee may at any time reject all qualifications received. Except as noted herein, nothing contained in this Section shall otherwise modify the substantive or procedural requirements of Section 2-10.4 of the Code of Miami-Dade County.

(f) With respect to non-capital construction, the County Mayor or designee may utilize all powers specified in Sections 2-286.2(5)(d)(i)-(v) and (vii).

(g) The authority granted in 2-286.2(5)(d), (e), and (f) is subject to the following limitations:

(i) No individual action taken pursuant to 2-286.2(5)(d)(iii)-(v) , 2-286.2(5)(e), or 2-286.2(5)(f) may result in an increase in the value of the contract in excess of $10,0000,000.00 or 15 %, whichever is less, without prior action of the Board of County Commissioners; however these caps shall not apply where the action is necessary to avert an immediate hazard to human health or the environment.

(ii) At no point may any action taken result in total project costs for each approved work plan category exceeding the total amount approved by the Board of County Commissioners, inclusive of contingency.

(iii) All actions are subject to ratification by the Board of County Commissioners. All change orders, settlements, modifications, adjustments, or extensions granted pursuant to any authority herein shall specify that the action is revocable if not ratified by the Board of County Commissioners, and shall include a sufficient release such that, in the event that the Board of County Commissioners does not ratify such item, the contractor is not entitled to lost profits or other indirect costs.

(iv) All actions taken which increase a contract amount must be reviewed and approved by the Director of Small Business Development.


(v) The County Mayor or designee shall provide notice to the Chair of the Board of County Commissioners when the County Mayor or designee exercises any power granted in this section; however, failure to provide such notice shall not affect the validity of such action.


(6) The County Mayor or designee may enter into, execute, and enforce standard form leases with non-governmental tenants of five years or less in duration, and may enter into standard or non-standard leases with governmental tenants of ten years or less in duration, without approval of the Board of County Commissioners, provided each lease provides a right for early termination and provides for application of annual rent at amounts as may be determined by the Board of County Commissioners, such amounts not to be less than the market rent for such class of property. The County Mayor or designee shall not be required to utilize any competitive procurement in connection with any lease of space on property owned by the Miami-Dade Aviation Department, irrespective of whether such lease is for purely aviation purposes or for aviation support purposes.

(7) For any leases, approve re-imbursement of tenant funded construction on such tenant’s leasehold, if such construction is competitively procured, bonded, includes small business or, as may be authorized under federal law, minority goals and measures, and is authorized in writing by the County Mayor or designee prior to commencement of the work. Alternately, the County may apply a rental credit to any tenant self-funding such construction; in such case, the tenant may procure construction without competitive process, and is under no obligation to include goals and measures. Title to all tenant construction projects shall vest in the County upon issuance of a certificate of occupancy.

(8) With respect to any lease, whether directly awarded, negotiated, or procured through competitive process, any oral communications between Aviation department staff and any prospective aviation lessee shall not be deemed a violation of the Cone of Silence; however, notwithstanding the preceding, nothing herein shall authorize any conversations between Aviation Department Staff and any prospective lessee prior to evaluations of bids or proposals, to the extent competitive procurement is utilized to select a lessee, but in such case Aviation Department staff may communicate with a prospective lessee during negotiations of lease terms.

(9) Airport procurement is exempted from the requirements of Administrative Orders 3-38 and 3-39. Notwithstanding the preceding, the County Mayor or designee, in his discretion, may make use of the provisions or programs of these Administrative Orders where it is in the best interests of Miami International Airport. The Board of County Commissioners may, but is not required to, promulgate Implementing Orders further specifying how authority granted under this Ordinance may be used.

(10) Notwithstanding any other provision of this Ordinance to the contrary, and solely with respect to Contracts currently awarded for work related to the completion of the North Terminal, specifically including but not limited to construction and design work related to the baggage system, the Federal Inspection Services area, and work related to removal of the temporary baggage the County Mayor or designee may:

(a) Take any action otherwise authorized by Section 5(d)(ii)-(vii) herein, without regard to the dollar value of any change order or settlement.

(b) The County Mayor or designee’s authority under this subsection is constrained by the currently authorized budget for the North Terminal. The County Mayor or designee may not take any action otherwise authorized if the effect of such action would be to cause the aggregate value of all contracts related to North Terminal to exceed this budgeted amount.

(c) All actions taken under this subsection are subject to ratification by the Board of County Commissioners. All change orders, settlements, modifications, adjustments, or extensions granted pursuant to any authority herein shall specify that the action is revocable if not ratified by the Board of County Commissioners, and shall include a sufficient release such that, in the event that the Board of County Commissioners does not ratify such item, the contractor is not entitled to lost profits or other indirect costs.

(11) The provisions of this Ordinance shall apply to all General Aviation Airports.

(12) The Board of County Commissioners may suspend the operation of this Ordinance, in whole or in part, by resolution, if such resolution is approved by two thirds of then serving Board of County Commissioners.<<


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. 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 relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "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.
Section 6. While effective, this ordinance shall supersede any term or provision of Ordinances 2-285 and 2-286.1 that is inconsistent with the terms of those ordinances.
Section 7. Resolution Nos. 1586-72 and 1587-72 are repealed and are no longer of any force and effect.
Section 8. This ordinance shall sunset upon a change in the Director of the Miami-Dade County Aviation Department.

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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