Miami-Dade Legislative Item
File Number: 120356
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File Number: 120356 File Type: Ordinance Status: Adopted
Version: 0 Reference: 12-28 Control: Board of County Commissioners
File Name: BCC RULES- PROCUREMENT ITEMS NOT SUBJECT TO 4-DAY RULE Introduced: 2/24/2012
Requester: NONE Cost: Final Action: 4/17/2012
Agenda Date: 4/17/2012 Agenda Item Number: 7A
Notes: BCC RULES Title: ORDINANCE REGARDING RULES OF PROCEDURE OF THE BOARD OF COUNTY COMMISSIONERS; AMENDING SECTION 2-1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING THAT ITEMS APPROVED AT COMMITTEE MEETINGS RECOMMENDING OR REJECTING THE AWARD OF CONTRACTS FOR PUBLIC IMPROVEMENTS, AND PURCHASES OF SUPPLIES, MATERIALS, AND SERVICES, INCLUDING PROFESSIONAL SERVICES SHALL BE PLACED ON THE AGENDA OF THE NEXT REGULARLY SCHEDULED BOARD OF COUNTY COMMISSIONERS MEETING; PROVIDING THAT THESE ITEMS ARE NOT SUBJECT TO THE 4-DAY RULE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE (SEE ORIGINAL ITEM UNDER FILE NO. 120065) (SEE AGENDA ITEM NO.11A2)
Indexes: PROCUREMENT
  RULES OF PROCEDURE
Sponsors: Audrey M. Edmonson, Prime Sponsor
  Lynda Bell, Co-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 4/17/2012 7A 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 members proceeded to vote on this ordinance, as presented.

County Attorney 2/24/2012 Assigned Daniel Frastai

Internal Mgmt. & Fiscal Responsibility Committee 2/14/2012 1F4 AMENDED Forwarded to BCC with a favorable recommendation with committee amendment(s) P
REPORT: Assistant County Attorney Oren Rosenthal read the foregoing proposed ordinance into the record. 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, Chairwoman Bell closed the public hearing. Commissioner Edmonson read an amendment to the foregoing proposed ordinance into the record. Hearing no further questions or comments, the Committee proceeded to vote on the foregoing proposed ordinance as amended. The foregoing proposed ordinance was forwarded to the County Commission with a favorable recommendation, with a Committee amendment to add language to the end of paragraph (t) on handwritten page 5 as follows: “or unless the Chairperson of the Commission deems it necessary to place the item on another agenda.”

Legislative Text


TITLE
ORDINANCE REGARDING RULES OF PROCEDURE OF THE BOARD OF COUNTY COMMISSIONERS; AMENDING SECTION 2-1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING THAT ITEMS APPROVED AT COMMITTEE MEETINGS RECOMMENDING OR REJECTING THE AWARD OF CONTRACTS FOR PUBLIC IMPROVEMENTS, AND PURCHASES OF SUPPLIES, MATERIALS, AND SERVICES, INCLUDING PROFESSIONAL SERVICES SHALL BE PLACED ON THE AGENDA OF THE NEXT REGULARLY SCHEDULED BOARD OF COUNTY COMMISSIONERS MEETING; PROVIDING THAT THESE ITEMS ARE NOT SUBJECT TO THE 4-DAY RULE; 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:
Section 1. Section 2-1 of the Code of Miami-Dade County, Florida is hereby amended to read as follows.1

CHAPTER 2. ADMINISTRATION

ARTICLE I. IN GENERAL

Sec. 2-1 Rules of procedure of County Commission.


Rule 4.01. COMMITTEES


>>(t) PROCUREMENT ITEMS. Provided public notice, public hearing and other legal requirements can be met, and notwithstanding and prevailing over any provision to the contrary, all items approved at committee meetings recommending or rejecting award of contracts for public improvements, and purchases of supplies, materials, and services, including professional services, shall be placed on the agenda of the next regularly scheduled Board of County Commissioners meeting, unless placed on the agenda of a special meeting held sooner than the next regularly scheduled Board of County Commissioners meeting<< >>or unless the chairperson of the commission deems it necessary to place the item on another agenda<<.2

Section 2. Section 2-1 of the Code of Miami-Dade County, Florida is hereby amended to read as follows.

CHAPTER 2. ADMINISTRATION

ARTICLE I. IN GENERAL

Sec. 2-1 Rules of procedure of County Commission.


Rule 5.05 AGENDA

(c) “4-DAY RULE”. A copy of each agenda item shall be furnished to the members of the commission not later than four (4) working days before a vote may be called on the item. The provisions of this rule shall be deemed waived unless asserted by a commissioner before the board takes action on the resolution, ordinance, motion or other item in question. The provisions of the rule may not be waived under Rule 7.01(n); however, this rule is not applicable to special or emergency meetings called pursuant to Rule 3.02, items related to the County’s legislative package, resolutions recommending the acceleration and deceleration of Building Better Communities General Obligation Bond Program funding of projects using unspent bond proceeds, including interest earnings and premium funds, [[items originated by the Department of Procurement Management, including bid awards and bid waivers, which have been forwarded to the Commission by the Committee]] >>items approved at a committee meeting recommending or rejecting award of contracts for public improvements, and purchases of supplies, materials, and services, including professional services,<< and resolutions or motions directing the Mayor or his or her designee to prepare an item for consideration by the Commission.


Section 3. If any section, subsection, sentence, or clause 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 re-lettered 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.



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.

2 Committee amendments 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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