Legislative Matter

Miami-Dade Legislative Item
File Number: 130430

Clerk's Official Copy

File Number: 130430

File Type: Ordinance

Status: Adopted as amended

Version: 0

Reference: 11-49

Control: Board of County Commissioners

File Name: ESP RE: EXTENDING SUNSET, BCC-GOB

Introduced: 3/4/2013

Requester: Office of Capital Improvements

Cost:

Final Action: 7/7/2011

Agenda Date: 7/7/2011

Agenda Item Number: 7K

Notes:

THIS IS FINAL VERSION AS ADOPTED. ALSO SEE 110884. SUNSET 7-1-13.

Title:

ORDINANCE EXTENDING THE ECONOMIC STIMULUS PLAN ORDINANCE FOR AN ADDITIONAL TWO YEARS; AMENDING SECTION 2-8.2.7 OF THE CODE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AN EFFECTIVE DATE AND A SUNSET (SEE ORIGINAL ITEM UNDER FILE NO. 110884)

Indexes:

BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND

Sponsors:

Audrey M. Edmonson, Prime Sponsor

Sunset Provision: Yes

Effective Date: 7/17/2011

Expiration Date: 6/30/2013

Registered Lobbyist:

None Listed

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

County Attorney	3/4/2013		Assigned	Bruce Libhaber

Board of County Commissioners	7/7/2011	7K AMENDED	Adopted as amended				P
REPORT:	First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. Commissioner Edmonson noted she supported extending the Economic Stimulus Plan (ESP) program, but did not support giving the Administration the authority to add General Obligation Bond (GOB) projects to the list and proceed with them. She asked that this ordinance be amended to delete the portion regarding GOB projects and that Ms. Price-Williams read into the record the phrase to be deleted. Commissioner Moss noted County Commissioners were often asked to sponsor GOB projects to ensure they moved forward, and as such, this ordinance could result in unintended consequences towards the sponsor. Commissioner Jordan said she raised the same issue at Committee, seeing that Commissioners were prime sponsors of several GOB projects. She said she was told that this portion of the ordinance will help expedite projects. She asked what the ramifications of deleting it would be. Ms. Jennifer Glazer-Moon, Director, Office of Strategic Business Management, noted during a discussion held several months ago on how to expedite capital projects, it was suggested that GOB projects be added to the approved list when the ESP Program was extended. She noted unless the Administration had the authority to add GOB projects to the list, the projects could not be expedited. Ms. Glazer-Moon replied “Yes” to Commissioner Jordan’s question regarding whether this ordinance, as written, would expedite GOB projects and increase employment opportunities in the County, without further fiscal impact or a change in the funding source. Commissioner Barreiro noted he was the one who suggested that GOB projects that were already approved be added to the list, not that new projects be added to the list. He noted if this ordinance was bifurcated, he would sponsor the portion being deleted, which was to add GOB projects, when the item comes back before the Board. Regarding sponsorship, he noted a project should not move forward unless it was sponsored by a Commissioner; but he agreed that the Board needed to discuss this issue further. Commissioner Jordan noted she disagreed that a project not sponsored by a Commissioner was not warranted. She suggested that those projects be sponsored by the reviewing Committee. Commissioner Barreiro said he would work with everyone on this suggestion, but he did not want the Board to be forced to vote on projects that no Commissioner supported. Commissioner Bell noted she shared Commissioner Moss’ concerns. She said she had asked for legislation to undo the unintended consequences, but the rules prohibited her from bringing it forward within six months from the time the original item was tabled. She asked staff to inform her of how it could be brought before the Board sooner. Commissioner Bell noted she thought Commissioner Jordan’s suggestion to have the reviewing Committee sponsor the projects was a good idea. Assistant County Attorney Price-Williams noted that upon request, the County Attorney’s Office would prepare an application for renewal of the legislation, which would require signatures from seven members of the County Commission. Commissioner Edmonson noted she was glad this conversation transpired. She said that when the legislation was first introduced to the Commission by staff, the Commissioners had little chance to review it until they were briefed on it. She said she believed the items should go before a committee for review and discussion. Commissioner Moss recalled an item involving the Marlins Baseball Team that needed to be passed, but no one wanted to sponsor it. He asked, in a case like that one, how an item could be brought before the Board for a discussion. Commissioner Moss recommended the Chair create a discussion item concerning Commissioner Bell’s proposed legislation and place it on the next agenda, so that the Board could have more discussion before it was renewed. He said he wanted to ensure that the Departments and Commissioners were held accountable for the items they sponsored. Commissioner Jordan asked to be added as a prime co-sponsor to the portion of legislation that Commissioner Barreiro would sponsor if it was brought back, which was to add capital projects funded in whole or partially by the BBC-GOB program to the approved list of projects to be expedited. Commissioner Edmonson noted she could not support giving someone else the authority to govern GOB projects, especially when expedition was just a few months. Hearing no further questions or comments, the Board adopted the foregoing proposed ordinance as amended to delete the following language from subsection (2) of Sec. 2-8.2.7 (entitled Economic Stimulus Ordinance), on handwritten page 5: “or capital projects funded in whole or in part by the Building Better Communities - General Obligation Bond (GOB) Program.”

Legislative Text

TITLE
ORDINANCE EXTENDING THE ECONOMIC STIMULUS PLAN ORDINANCE FOR AN ADDITIONAL TWO YEARS; AMENDING SECTION 2-8.2.7 OF THE CODE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AN EFFECTIVE DATE AND A SUNSET

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. Section 2-8.2.7 of the Code of Miami-Dade County, Florida is hereby amended as follows:1
Sec. 2-8.2.7 Economic Stimulus Ordinance

(1) Policy: This section to be known as the "Economic Stimulus Ordinance," is intended to provide an expedited process to award certain contracts with the express purpose of stimulating the local economy.
(2) Scope: This section, and the expedited processes set forth herein, shall >>,to the extent permitted by law,<< be applicable to the processing, design, and construction of the capital improvement projects specifically identified by resolution of the Board of County Commissioners [[or]] >>,<< capital projects funded in whole or in part through the American Recovery and Reinvestment Act ("ARRA") (the "Capital Stimulus Projects"). The Board of County Commissioners may from time to time, by subsequent resolution, add or delete projects from the list of Capital Stimulus Projects to which this Section applies. All Capital Stimulus Projects must have been approved as part of the Annual Proposed Resource Allocation and Multi-Year Capital Plan. This section shall also be applicable to contracts for the purchase of goods or services funded in whole or in part through ARRA (the "Economic Stimulus Purchases").
(3) All actions taken under this ordinance shall be subject to review by the Office of Strategic Business Management to ensure adequate funding for each project and that appropriate operational and maintenance funding is in place for the foreseeable future and review by the Office of Capital Improvements for Capital Stimulus Projects and the Department of Procurement Management for Economic Stimulus Purchases to ensure compliance with contract documents and all applicable resolutions, ordinances, and statutes.
(4) Notwithstanding any other provision of the Code of Miami-Dade County to the contrary, the Mayor or his/her designee shall have the following authority with respect to contracts within the scope of this Section:
(a) To issue bid and proposal documents including addenda thereto;
(b) To receive, open and review bids and proposals;
(c) To appoint standing selection committee and negotiation committee members to obtain professional services in accordance with Section 2-10.4 of the Code of Miami-Dade County and Section 287.055 of the Florida Statutes, provided each such committee shall contain, whenever possible, representation from the user department;
(d) To award or reject bids for contracts including, but not limited to, professional service agreements, construction contracts and contracts for the purchase of goods and services and issue Notices to Proceed where:
1. For Capital Stimulus Projects the award value of the contract and operational considerations have been reviewed and approved by the Office of Strategic Business Management; and
2. For Capital Stimulus Projects the base value of a recommended award does not exceed the base estimate by more than ten (10) percent; and
3. The contractor, vendor or consulting firm receiving the award is in good standing with the County including, but not limited to: no outstanding debts; demonstrated acceptable past performance; and has submitted required insurance, bonds, affidavits and documentation provided for by the solicitation; and
4. None of the bidders have filed a timely bid protest; and
5. All awards are subject to ratification by the Board of County Commissioners at the next available meeting and contracts for Capital Stimulus Projects approved under this authority must contain a Termination for Convenience clause.
(e) For Capital Stimulus Projects negotiate and settle contractor claims, and issue change orders for additional work under contracts and amendments for professional services agreements where:
1. The change order or claim does not increase the contract amount, including contingencies; and
2. The contingency allowance established in accordance with Section 2-8.1(h) shall be utilized to ensure minimal disruption in work flow and shall be documented on the appropriate contingency authorization draw. Change orders shall be submitted to replenish the contingency account in a timely manner; and
3. The limitations provided in (4)(e)1 above shall not apply to any change order or amendment related to emergency actions impacting environmental remediation, public safety, health requirements or recovery from natural disaster.

(5) All actions taken by the Mayor or his/her designee under this Section shall not require review by any Committee, but shall be submitted to the next available Board of County Commissioners meeting for ratification. Awards that do not meet the requirements of subsection (4)(d) above shall not require Committee review but shall be submitted to the next available meeting of the Board of County Commissioners for approval. The authority delegated to the Mayor or the Mayor's designee pursuant to this Section shall be in addition and not in derogation to other delegations of authority set forth elsewhere in this Code.
(6) Special exemptions: This process shall be modified to ensure full conformance with any special provisions or review processes established by the Board. As such, any proposed County contract for a project included in the TIP approved by the MPO that is funded in whole or in part by proceeds of the Charter County Transit System Sales Surtax authorized by Article XVI of Chapter 29 of the County Code, the Mayor or his/her designee shall have the authority to advertise and issue bid or proposal documents for such contracts where the bid or proposal documents expressly provide that no award shall be effective and no contractual relationship shall arise with the County unless and until ratified by the County Commission and that ratification is approved by the Citizens' Independent Transportation Trust or reaffirmed by the County Commission as provided in subsection (e) of Section 29-124 of the County Code, and the authority to issue notices to proceed after award for such contracts shall be limited to those instances where the County Commission has ratified the award and the Citizens' Independent Transportation Trust has approved the Commission's action or, if the Trust disapproves such Commission action, the Commission has reaffirmed same as provided in subsection (e) of Section 29-124 of the County Code.

(7) This ordinance shall sunset [[July 1, 2011]] >>July 1, 2013<<
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 re-lettered 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.