Miami-Dade Legislative Item
File Number: 120021
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File Number: 120021 File Type: Ordinance Status: Withdrawn
Version: 0 Reference: Control: Internal Mgmt. & Fiscal Responsibility Committee
File Name: CODIFYING USER ACCESS PROGRAM Introduced: 1/5/2012
Requester: NONE Cost: Final Action: 2/14/2012
Agenda Date: 1/24/2012 Agenda Item Number: 4H
Notes: SEE SUB 120258 Title: ORDINANCE CODIFYING USER ACCESS PROGRAM IN COUNTY PURCHASES; PROVIDING FOR A PERCENTAGE DEDUCTION FROM ALL VENDOR INVOICES SUBMITTED TO THE COUNTY PURSUANT TO PURCHASE CONTRACTS OF ANY COUNTY DEPARTMENT; CREATING EXCEPTIONS; PROVIDING FOR IMPLEMENTATION; CREATING SECTION 2-8.10 OF THE CODE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE
Indexes: PURCHASE OF GOODS AND SERVICES
  PURCHASING
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

Internal Mgmt. & Fiscal Responsibility Committee 2/14/2012 1F5 Withdrawn P
REPORT: See Agenda Item 1F5 Substitute, Legislative File No. 120021.

Board of County Commissioners 1/24/2012 Tentatively scheduled for a public hearing Internal Mgmt. & Fiscal Responsibility Committee 2/14/2012

Board of County Commissioners 1/24/2012 4H Adopted on first reading 2/14/2012 P
REPORT: The foregoing proposed ordinance was adopted on first reading and scheduled for public hearing before the Internal Management and Fiscal Responsibility Committee on February 14, 2012 at 2:00 p.m.

County Attorney 1/11/2012 Referred Internal Mgmt. & Fiscal Responsibility Committee 2/14/2012

County Attorney 1/11/2012 Assigned Hugo Benitez

Legislative Text


TITLE
ORDINANCE CODIFYING USER ACCESS PROGRAM IN COUNTY PURCHASES; PROVIDING FOR A PERCENTAGE DEDUCTION FROM ALL VENDOR INVOICES SUBMITTED TO THE COUNTY PURSUANT TO PURCHASE CONTRACTS OF ANY COUNTY DEPARTMENT; CREATING EXCEPTIONS; PROVIDING FOR IMPLEMENTATION; CREATING SECTION 2-8.10 OF THE CODE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMIDADE COUNTY, FLORIDA:
Section 1. Section 2-8.10 of the Code of Miami-Dade County, Florida, is hereby created to read as follows in its entirety:
Sec. 2-8.10. User Access Program in County Purchases.

(1) A User Access Program (“UAP”) in County purchases is hereby created. Under the UAP, contracts for the purchase of goods and services shall provide that the County will deduct two percent (2%) from each invoice with the amount retained by the County to defray the cost of procurement activities. Contracts shall further provide that in the event a non-County entity accesses a County contract, it shall deduct two percent (2%) from each invoice and remit seventy five percent (75%) of the retained amount to the County to defray the cost of procurement activities.

(2) The County Mayor or Mayor’s designee is authorized and directed to include UAP provisions, as specified in this Section, in each County contract for the purchase of goods and services, including one-time, term, blanket and pool contracts, regardless of which Department issues the contract. The UAP shall apply to extensions and renewals of existing contracts. The UAP shall also be applicable to non-County entities who wish to access contracts procured by the County.

(3) The following contracts shall be exempt from the UAP: construction, design, design-build, professional service contracts, small purchase orders issued by County departments, contracts funded in whole or in part with federal funds, contracts funded with any funding source which prohibits or restricts the application of the credit to the County effected in the UAP, revenue generating contracts, and contracts with rates established by ordinance, resolution or applicable law. In addition, this Board may waive the application of the UAP upon a finding that the waiver is in the best interest of the County.

(4) The County Mayor shall allocate the money retained upon application of the UAP as necessary to defray the cost of procurement activities throughout the County. Proprietary departments with separate procurement functions including the Airport, Seaport, and the Public Health Trust shall retain any UAP allocation to defray the cost of its procurement functions if performed exclusively by those departments, and shall share the allocation ratably in the event of assistance from other departments.

(5) The County Mayor shall develop appropriate specifications and contract provisions to give effect to the requirements of this Section.

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 relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.

Section 4. 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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