Miami-Dade Legislative Item
File Number: 130998
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File Number: 130998 File Type: Ordinance Status: Adopted
Version: 0 Reference: 13-67 Control: Board of County Commissioners
File Name: EXEMPTING LEGACY PURCHASES Introduced: 5/20/2013
Requester: NONE Cost: Final Action: 7/2/2013
Agenda Date: 7/2/2013 Agenda Item Number: 7E
Notes: Title: ORDINANCE AMENDING SECTION 2-8.1(B) OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; EXEMPTING LEGACY PURCHASES AS DEFINED HEREIN FROM COMPETITIVE BIDDING; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 130813]
Indexes: EXEMPTION
  PURCHASING
Sponsors: Jean Monestime, Prime Sponsor
  Esteban L. Bovo, Jr., 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 7/2/2013 7E Adopted P

Finance Committee 6/11/2013 1E1 Substitute Forwarded to BCC with a favorable recommendation as corrected P
REPORT: Assistant County Attorney Geri Bonzon-Keenan read the foregoing proposed ordinance into the record. Chairman Bovo opened the public hearing on the foregoing proposed ordinance. Chairman Bovo closed the public hearing after no one appeared wishing to speak. Commissioner Moss questioned the rationale for this proposed change. Chairman Bovo responded that items were often submitted to this Committee as a Waiver of Bid due to technicalities such as a sole-vendor, an extension of bid, or a situation where a vendor defaulted and the second vendor received the award. He said that a Waiver of Bid sent a bad message to the community and this ordinance would allow the Department to submit items without this label. Hearing no further questions or comments, the Committee proceeded to vote on this proposed ordinance as presented. Chairman Bovo asked to be listed as a Co-sponsor to the foregoing proposed ordinance. Following the vote, Assistant County Attorney Geri Bonzon-Keenan noted that a Scrivener’s Error existed in the ordinance’s title on handwritten page 4 to add the word “SECTION” after “ORDINANCE AMENDING.”

County Attorney 5/20/2013 Referred Finance Committee 6/11/2013

County Attorney 5/20/2013 Assigned Bruce Libhaber 5/31/2013

Legislative Text


TITLE
ORDINANCE AMENDING SECTION 2-8.1(B) OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; EXEMPTING LEGACY PURCHASES AS DEFINED HEREIN FROM COMPETITIVE BIDDING; 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 2-8.1 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Sec. Sec. 2-8.1. - Contracts and purchases generally.
(a) Scope. Except as provided in subsections (b), (f) and (h), this section shall apply to all contracts for public improvements and purchases of all supplies, materials and services other than professional services.
(b)>>(1)<< Bid requirement for certain purchases; delegation of authority to advertise, award and reject bids or proposals for certain purchases. Formal sealed bids shall be secured for all contracts and purchases within the scope of this section when the transaction involves the expenditure of two hundred fifty thousand dollars ($250,000.00) or more, except that the Board of County Commissioners, upon written recommendation of the Mayor or Mayor's designee, may, by resolution adopted by two-thirds (2/3) vote of the members present, waive competitive bidding when it finds this is to be in the best interest of the County. The Mayor or Mayor's designee is hereby delegated the authority to advertise for bid all County contracts, including contracts for public improvements, purchases of supplies, materials and services, and purchases of professional services, without the need for action by the County Commission. The Mayor or Mayor's designee shall be required to include in any such advertisement the measures approved by the Review Committee relating to the County's small and community business programs established in this Code. The Mayor or Mayor's designee shall further be required to report to this Board on a bi-annual basis all contracts advertised with the measures included, and other steps taken to foster small and community business programs. The Commission Auditor shall review and evaluate the Mayor's or Mayor's designee exercise of authority delegated pursuant to this section and report the results of his or her evaluation to the Board of County Commissioners on a periodic basis. The Mayor or Mayor's designee is hereby delegated the authority to award and reject bids or proposals for contracts for public improvements (construction), and purchases of supplies, materials and services (including professional services, other than professional architectural, engineering and other services subject to section 2-10.4 and Section 287.055, Florida Statutes) costing one million dollars ($1,000,000.00) or less, or in the case of miscellaneous construction contracts designed to provide opportunities for Community Small Business Enterprises specifically authorized by Board resolution five million dollars ($5,000,000.00) or less, without the need for action by the County Commission. The authority to award contracts provided in the preceding sentence shall not constitute authority for the Mayor or Mayor's designee to exercise an option to renew any contract where the combined value for such contract's initial term and the option to renew would exceed one million dollars ($1,000,000.00), and in such instances the Mayor or Mayor's designee shall obtain the prior authorization of the County Commission to exercise such option. The Mayor or Mayor's designee may recommend that the foregoing requirement to obtain prior Commission authorization to exercise an option to renew be waived for a specific contract when the Mayor or Mayor's designee deems it to be in the best interests of the County. The Inspector General shall be invited to participate as appropriate in the processes by which the authority delegated hereby is exercised. The Mayor or Mayor's designee is delegated the authority to utilize any of the following processes for selection of a contractor to perform contracts for public improvements: competitive price bidding, request for proposals, or request for qualifications without the need for prior approval of the County Commission. The Mayor or Mayor's designee shall review all construction projects to determine whether the break-up of the project into smaller contracts will increase the opportunity for CSBEs to participate therein. For those contracts where the Mayor or Mayor's designee requests authority from the County Commission to advertise, the request for such authority shall advise the steps taken to accomplish the foregoing sentence. The Mayor or Mayor's designee may designate appropriate County staff to exercise the authority delegated hereunder by implementing order, approved by the Board of County Commissioners.
>>(2) Legacy Purchases. Notwithstanding the provisions of Section 2-8.1(b)(1), formal sealed bids shall not be required for Legacy Purchases which do not result in the budget for the user department(s) exceeding the amount approved by the County Commission during the annual budget approval process. Such Legacy purchases may be awarded by the Board of County Commissioners upon a majority vote of those Board Members present, where the amount of such award exceeds the threshold for purchases by the Mayor set forth in Section 2-8.1(b)(1). The County Mayor shall include, in any Legacy Purchase award recommendation, a statement as to the need for such purchase and the provisions taken to reduce or eliminate the future need for Legacy Purchases for the particular good or service. For the purposes of this section, Legacy Purchases shall mean the purchase of goods and services where competition is unavailable, impractical or constrained as a result of the need to continue to operate an existing County system which may not be replaced without substantial expenditure.<< [[Regardless of contract amount, contracts for Legacy Purchases must be approved by the Board of County Commissioners.]]2


* * *


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.
2 The differences between the substitute and the original item are indicated as follows: Words double stricken through and/or [[double bracketed]] are deleted, words double underlined and/or >>double arrowed<< are added.



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