Miami-Dade Legislative Item
File Number: 131706
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File Number: 131706 File Type: Ordinance Status: Before the Board
Version: 0 Reference: Control: Board of County Commissioners
File Name: EXPAND USER ACCESS PROGRAM TO CERTAIN CONSTRUCTION CONTRACTS Introduced: 8/30/2013
Requester: NONE Cost: Final Action:
Agenda Date: 11/5/2013 Agenda Item Number: 7C
Notes: SEE 132507 FOR FINAL VERSION AS ADOPTED. Title: ORDINANCE AMENDING SECTION 2-8.10 OF THE CODE OF MIAMI-DADE COUNTY TO EXPAND THE COUNTY’S USER ACCESS PROGRAM TO CERTAIN CONSTRUCTION CONTRACTS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: CONSTRUCTION
  CONTRACTS
Sponsors: Audrey M. Edmonson, Co-Prime Sponsor
  Sally A. Heyman, Co-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 11/5/2013 7C Amended
REPORT: See Agenda Item 7C Amended, Legislative File No. 132507 for the amended version

Finance Committee 10/8/2013 1F1 Forwarded to BCC with a favorable recommendation 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 Edmonson asked Finance Committee members to support this foregoing proposed ordinance. Hearing no further questions or comments, the Committee members proceeded to vote on this proposed ordinance, as presented. Following the vote, Commissioner Heyman explained that expanding the User Access Program to include certain construction contracts would generate $650,000 additional County revenue.

Board of County Commissioners 9/17/2013 Tentatively scheduled for a public hearing Finance Committee 10/8/2013

Board of County Commissioners 9/17/2013 4C Adopted on first reading 10/8/2013 P
REPORT: The foregoing proposed ordinance was adopted on first reading and scheduled for a public hearing before the Finance Committee on October 8, 2013 at 9:30 a.m.

County Attorney 8/30/2013 Referred Finance Committee 10/8/2013

County Attorney 8/30/2013 Assigned Oren Rosenthal 8/30/2013

Legislative Text


TITLE
ORDINANCE AMENDING SECTION 2-8.10 OF THE CODE OF MIAMI-DADE COUNTY TO EXPAND THE COUNTY’S USER ACCESS PROGRAM TO CERTAIN CONSTRUCTION CONTRACTS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, Section 2 of Ordinance 12-12 created a pilot program to evaluate the application of the User Access Program fee on construction contract and authorized the County Mayor to select an area of County construction contracting to conduct this test; and
WHEREAS, on November 14, 2012, the Mayor reported to the Board that ''[t]he Miscellaneous Construction Contract Program was identified as the construction contracting program where the application of the User Access Program is best suited for a pilot program''; and
WHEREAS, on June 6, 2013, the Mayor reported to the Board that ''[i]t appears the pilot program was successful and the program requirements were incorporated by the pool contract participants''; and
WHEREAS, this Board wishes to expand the User Access Program to certain County construction contracts; and
WHEREAS, this Board desires that the User Access Program not apply to Miscellaneous Construction Contract Program contracts with a total contract value of less than five hundred thousand dollars ($500,000) to reduce the potential for negatively impacting small businesses, NOW, THEREFORE, 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 amended as follows:1
Sec. 2-8.10. User Access Program in County Purchases
(3) The following contracts shall be exempt from the UAP: [[construction]] >>Miscellaneous Construction Contract Program contracts with a total contract value of less than five hundred thousand dollars ($500,000)<<, design, design-build, professional service contracts, small purchase orders issued by County departments, 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.

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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