Miami-Dade Legislative Item
File Number: 120258
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File Number: 120258 File Type: Ordinance Status: Adopted
Version: 0 Reference: 12-12 Control: Board of County Commissioners
File Name: CODIFYING USER ACCESS PROGRAM Introduced: 2/7/2012
Requester: NONE Cost: Final Action: 3/6/2012
Agenda Date: 3/6/2012 Agenda Item Number: 7D
Notes: 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 [SEE ORIGINAL ITEM UNDER FILE NO. 120021]
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

Board of County Commissioners 3/6/2012 7D Adopted P
REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. Hearing no questions or comments, the Board proceeded to vote on the proposed ordinance, as presented.

Internal Mgmt. & Fiscal Responsibility Committee 2/14/2012 1F5 Sub Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Oren Rosenthal read the foregoing proposed ordinance into the record. It was moved by Commissioner Bovo that the foregoing proposed ordinance be forwarded to the County Commission with a favorable recommendation. This motion was seconded by Commissioner Edmonson. Chairwoman Bell opened the public hearing and called for persons wishing to appear before the Committee in connection with this proposed ordinance. After hearing no one wishing to speak, she closed the public hearing. Commissioner Heyman spoke in support of the foregoing proposed ordinance and provided an overview of the User Access Program (UAP) legislation since it was introduced by the Florida legislature twelve years ago and its nine years in this County. She explained that the ordinance would codify an existing practice of Florida Statute to Miami-Dade County and also allow a pilot construction project. Commissioner Heyman noted that Ms. Miriam Singer and Ms. Jill Press previously pointed out that Miami-Dade County was larger than many states; was one of the four largest counties; and had tremendous purchasing power. She said UAP was developed in cooperation with Chambers of Commerce, large businesses, government, non-profit and private entities to combine purchasing power and to save the local taxpayers money. Commissioner Heyman noted that small cities, businesses, non-profits, and educational institutions should be provided the opportunity to benefit from the County’s procurement process and purchasing power. Commissioner Heyman noted the County presented UAP to the federal government and they subsequently adopted the program. She said the UAP has already provided benefit to 84 governments, non-profits and colleges with $70.332 million savings to the County since its adoption and over $400,000 at Jackson Hospital in the first month alone. Commissioner Heyman asked that this ordinance be codified. She said that the builders liked the program because it included provisions which applied to construction contracts. Chairwoman Bell noted her support for the foregoing proposed ordinance. She questioned the County’s use of the $70 million savings under the UAP program. Commissioner Heyman responded that the savings were placed back into the County’s General Fund to support government operations. Mr. Hugo Salazar, Deputy Director, Department of Management and Budget, explained that approximately $10 million savings was generated annually and these funds paid for procurement activities and small business section operations within the Internal Services Department. Hearing no further questions or comments, the Committee proceeded to vote on the foregoing proposed ordinance as presented.

County Attorney 2/7/2012 Referred Internal Mgmt. & Fiscal Responsibility Committee 2/14/2012

County Attorney 2/7/2012 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


>>WHEREAS, commencing with the effective date of Miami-Dade County Budget Ordinance No. 03-192, the County established a User Access Program (“UAP”) providing for a two percent deduction from vendor invoices to help defray the cost of the County’s procurement operations; and
WHEREAS, the UAP has been advantageous to the County in providing the funds necessary for the County to conduct equitable procurement processes; and
WHEREAS, although readopted by budget ordinance every year since 2003, the UAP has not been codified; and
WHEREAS, the codification of this useful County program will provide greater notice and transparency, and will establish more clarity to its intent and application; and

WHEREAS, this Board wishes to evaluate the expansion of the program to the area of construction through select contracts to be designated by the Mayor in a pilot program established in this ordinance,<<1
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI DADE 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. >>In cases where Miami-Dade County invoices and collects the UAP relating to a non-County entity accessing a County contract, the County shall retain ninety percent (90%) of the fee, and the non-County entity will retain ten percent (10%) to defray administrative costs.<<

(2) The County Mayor or Mayor’s designee is authorized and directed to include UAP provisions, as specified in this Section, in each >>competed and non-competed<< County contract for the purchase of goods and services, including one-time, term, blanket and pool contracts >>and emergency awards<<, 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>>, including federal,<< 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. >>The Public Health Trust is authorized and directed to implement a UAP program consistent with this Section.<< [[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. >>A pilot program is hereby established to evaluate the use of the UAP in contracts involving construction. The County Mayor is hereby authorized and directed to select an area of construction contracting where the application of the UAP would be beneficial to the County, develop the appropriate specifications to include the UAP in those contracts, and evaluate the results of the inclusion of the UAP in the award and administration of those contracts. The Mayor shall report the result of the pilot to this Board not later than six months following the effective date of this ordinance.<<
Section [[2]]>>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 [[3]]>>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 [[4]]>>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.

1 The differences between the substitute and the original item are indicated as follows: words double stricken through and/or [[double bracketed]] shall be deleted, words double underlined and/or »double arrowed« constitute the amendment proposed.



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