Miami-Dade Legislative Item
File Number: 122318
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File Number: 122318 File Type: Ordinance Status: Adopted
Version: 0 Reference: 13-02 Control: Board of County Commissioners
File Name: CONFLICT OF INTEREST IN PROCUREMENT PROVIDE CHAIRPERSON AUTH Introduced: 11/19/2012
Requester: NONE Cost: Final Action: 1/23/2013
Agenda Date: 1/23/2013 Agenda Item Number: 5B
Notes: Title: ORDINANCE CONFORMING THE CODE TO CHARTER AMENDMENT PROVIDING THAT WHERE THE MAYOR INFORMS THE CHAIRPERSON OF THE BOARD THAT HE OR SHE HAS A CONFLICT OF INTEREST IN A PROCUREMENT, THE CHAIRPERSON AND NOT THE MAYOR SHALL HAVE THE AUTHORITY PROVIDED BY CHARTER OR THE BOARD TO SOLICIT, EVALUATE, AWARD OR RECOMMEND AWARD OF CONTRACTS; PROVIDING MECHANISM FOR IMPLEMENTATION OF THE AMENDMENT; AMENDING SECTION 2-8.1 OF THE CODE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: CONFLICT OF INTEREST/CODE OF ETHICS
  PROCUREMENT
Sponsors: Audrey M. Edmonson, 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 1/23/2013 5B Adopted P
REPORT: The foregoing proposed ordinance was read into the record by First Assistant County Attorney Abigail Price-Williams. Chairwoman Sosa opened the public hearing for persons wishing to be heard in connection with this ordinance. She closed the public hearing after no one appeared wishing to speak. Hearing no comments or questions, the Board proceeded to vote on this ordinance as presented.

Board of County Commissioners 12/18/2012 15F1 Public Hearing Rescheduled 1/23/2013 P
REPORT: The public hearing for this proposed ordinance was rescheduled for January 23, 2013, before the Board of County Commissioners at 9:30 a.m.The motion rescheduled the public hearing and approved a waiver of committee review of this proposal. Note: This proposed ordinance was previously scheduled for public hearing on December 11, 2012, before the Internal Management & Fiscal Responsibility Committee. However, said meeting was cancelled due to lack of a quorum.

Internal Mgmt. & Fiscal Responsibility Committee 12/11/2012 1E1 Forwarded to the BCC by BCC Vice Chairperson due to lack of a quorum
REPORT: Chairwoman Bell submitted a memorandum dated December 11, 2012 requesting that the Board of County Commission Vice-Chairwoman Audrey M. Edmonson waive the Board’s Rules of Procedure to allow the foregoing proposed ordinance be heard at the January 23, 2013 meeting. Vice-Chairwoman Audrey M. Edmonson submitted an email dated December 27, 2012 entitled “January 23, 3013 Board of County Commissioners Waiver Request Memo” in which she waived the Board’s Rules of Procedure to allow this proposed ordinance to be considered at the January 23, 2013 meeting.

Board of County Commissioners 11/20/2012 Tentatively scheduled for a public hearing Internal Mgmt. & Fiscal Responsibility Committee 12/11/2012

Board of County Commissioners 11/20/2012 14A5 Adopted on first reading 12/11/2012 P
REPORT: The foregoing proposed ordinance was adopted on first reading and scheduled for a public hearing before the Internal Management and Fiscal Responsibility Committee on Tuesday, December 11, 2012 at 2:00 p.m.

Office of the Chairperson 11/19/2012 Additions Board of County Commissioners 11/20/2012

County Attorney 11/19/2012 Referred Internal Mgmt. & Fiscal Responsibility Committee 12/11/2012

County Attorney 11/19/2012 Assigned Hugo Benitez

Legislative Text


TITLE
ORDINANCE CONFORMING THE CODE TO CHARTER AMENDMENT PROVIDING THAT WHERE THE MAYOR INFORMS THE CHAIRPERSON OF THE BOARD THAT HE OR SHE HAS A CONFLICT OF INTEREST IN A PROCUREMENT, THE CHAIRPERSON AND NOT THE MAYOR SHALL HAVE THE AUTHORITY PROVIDED BY CHARTER OR THE BOARD TO SOLICIT, EVALUATE, AWARD OR RECOMMEND AWARD OF CONTRACTS; PROVIDING MECHANISM FOR IMPLEMENTATION OF THE AMENDMENT; AMENDING SECTION 2-8.1 OF THE CODE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY

WHEREAS on the November 6, 2012 the electorate adopted an amendment to the Miami-Dade County Home Rule Charter to provide that where the Mayor informs the Chairperson of the Board that he or she has a conflict of interest in a procurement, the Chairperson and not the Mayor shall have the authority provided by Charter or the Board to solicit, evaluate, award or recommend award of contracts; and
WHEREAS, it is in the best interest of the Code to conform the provisions of the Code, and the implementing orders related thereto, to the amended Charter, and to provide for implementation of the Charter amendment,




BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 2-8.1 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Sec. 2-8.1. Contracts and purchases generally.

(a) Scope. Except as provided in subsections (b), (f)>>,<<[[and]] (h) >>and (l),<< this section shall apply to all contracts for public improvements and purchase of all supplies, materials and services other than professional services.

* * *

>>(l) Mayor’s conflicts of interest. When the County Mayor declares a conflict of interest in the procurement of a County contract in accordance with Section 5.03(d) of the Miami-Dade County Home Rule Charter, the County Mayor shall give written notice of such conflict to the Chairperson of the Board and shall designate a member of the County’s staff, familiar with County procurement processes, who shall serve as the Chairperson’s primary contact to oversee the affected procurement. Upon the notification of such conflict, the Chairperson of the Board of County Commissioners shall exercise all authority provided by the Charter or the County Commission to the Mayor with regard to such procurement including the authority to recommend a bid waiver. For purposes of the affected procurement only, all powers and responsibilities given to the County Mayor in any and all provisions of this Code relating to the advertisement, solicitation, protest and award of contracts, and in any implementing order related to such Code provisions, shall be transferred to the Chairperson of the Board of County Commissioners for the duration of the conflict. The County Mayor shall include language in competitive solicitation documents to give effect to the provisions of this subsection. Nothing in this subsection shall affect the rights and responsibilities of the Mayor and Chairperson following the award of any contract.<<

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.

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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