Legislative Matter

Miami-Dade Legislative Item
File Number: 140151

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Clerk's Official Copy

File Number: 140151

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-211-14

Control: County Commission

File Name: ISD EDP RATIFICATION

Introduced: 1/22/2014

Requester: Internal Services

Cost:

Final Action: 3/4/2014

Agenda Date: 3/4/2014

Agenda Item Number: 8F5

Notes:

Title:

RESOLUTION RATIFYING THE COUNTY MAYOR OR MAYOR’S DESIGNEE ACTIONS, AS AUTHORIZED BY SECTION 2-10.4 OF THE CODE OF MIAMI-DADE COUNTY IN APPROVING AGREEMENTS FOR CONTINUING SERVICES UNDER THE COUNTY’S EQUITABLE DISTRIBUTION PROGRAM

Indexes:

EQUITABLE DISTRIBUTION PROGRAM

Sponsors:

NONE

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	3/4/2014	8F5	Adopted				P

Finance Committee	2/11/2014	3I	Forwarded to BCC with a favorable recommendation				P
REPORT:	Assistant County Attorney Gerald Heffernan read the foregoing proposed resolution into the record. Chairman Bovo opened the floor for public comments and called for persons wishing to appear before the Committee on the foregoing proposed resolution. Ms. Gisele Colbert, 329 Palermo Avenue, Suite 210, Coral Gables, noted she represented the Miami-Dade Architecture and Engineering (A&E) Society and Smart Sciences, her personally owned environmental consulting firm. She requested the status of the previously requested analysis on the distribution of Community Business Enterprise (CBE) Tier 1/Tier 2 and micro Small Business Enterprise work. Mr. Lester Sola, Internal Services Department (ISD) Director responded that Administration finalized a report addressing the changes requested by the A&E Society at a previous Finance Committee meeting. He said the current program was designed to provide benefits to the County and the A&E community; that it was the result of several years of discussion with that community; and that the proposed recommendations would be incorporated into an Implementing Order once approved by the Commission. Commissioner Zapata questioned the rationale for the foregoing proposed resolution considering the pending report. Mr. Sola responded that the resolution was presenting a report on the status of contractual awards made under the County’s Equitable Distribution Program (EDP). Commissioner Zapata inquired about the process used to verify and establish local business ownership. Mr. Sola responded that national firms could establish local offices; that the firm was required to have a local office for at least one year before entering the pool of firms; that the firm must have employees working out of the local office; and that employees could be moved in and out of those offices, depending upon the scope of services required by the County. He explained that the highest qualified firm needed to be selected and that the majority of firms were participating in the pool were small businesses. Commissioner Zapata questioned the rationale over the program assisting locally established businesses rather than locally owned businesses. Mr. Sola responded that the program’s purpose was to address issues where small local firms could not obtain construction contracts for Airport, Seaport and other construction related department projects. He explained that it was a rotational program, thus allowing competition for every type of project as long as the firm had an office in Miami-Dade County. He said there were goals established for small businesses that were local firms so everyone could get into the pool and small business measures were placed on specific contracts. Mr. Sola said the pool spread the work around and engaged national firms for highly complex work as long as they had a local office. Commissioner Zapata stated he believed the purpose of the program was to engage locally owned businesses and focus on local talent. He asked Deputy Mayor Edward Marquez along with ISD Director Lester Sola to provide the Finance Committee with a report outlining the methods used to determine and monitor whether the pre- qualified pool of local architectural, engineering and landscape architectural (A&E) firms seeking to obtain Equitable Distribution Program (EDP) Professional Services Agreements (PSA), occupied local offices. Commissioner Moss concurred with Commissioner Zapata’s concerns about local companies and local offices. He commented that there were legal concerns preventing this from happening for many years and asked the County Attorney’s office to comment on this issue. Assistant County Attorney Hugo Benitez explained that requiring simple ownership as a standard was a concern; and that statutory issues in a State enactment allowed the location of firms in the determination of equality to be considered, but it did not address ownership. He noted there may also be constitutional issues relating to people’s right to work. Assistant County Attorney Benitez said he would assist the Finance Committee and the Internal Services Department to further review this legislation. Commissioner Moss reiterated that this was the not the first time having this conversation and inquired specifically what was preventing the County from moving forward. Assistant County Attorney Benitez responded that the discussion was previously related to the application to local preference. He said the ordinance included language addressing the hiring of personnel as well as locating operations and ownership in the County as a requirement of the application of local preference. He explained that the County Commission simplified the process several years ago by requiring only a certificate of occupancy; however, this process could be re-evaluated and a more stringent standard be adopted as to how to establish local preference. Commissioner Zapata inquired whether different criteria could be required for company owners with a homestead property in this County and another requirement for those who did not. Mr. William Armbruster, 3260 Thomas Avenue, Miami, commented that the Equitable Distribution Program was not working. He suggested that elected leaders designed the program and how they wanted it to be implemented; and that the County Attorney’s Office determined the legal methods to deliver that program, taking into consideration input received from the community. Chairman Bovo pointed out that a plan was needed that would satisfy the majority of the targeted audience. The floor was closed for public comments. Hearing no further questions or comments, the Committee proceeded to vote on the foregoing proposed resolution as presented.

County Attorney	1/31/2014		Assigned	Hugo Benitez		2/3/2014

County Mayor	1/22/2014		Assigned	County Attorney	3/4/2014
REPORT:	ISD - No Sponsor - Pending Feb cmte - Pending County Attorney verification - Attachments: EDP PSA Reports

County Mayor	1/22/2014		Assigned	Ed Marquez	1/22/2014

Legislative Text

TITLE
RESOLUTION RATIFYING THE COUNTY MAYOR OR MAYOR�S DESIGNEE ACTIONS, AS AUTHORIZED BY SECTION 2-10.4 OF THE CODE OF MIAMI-DADE COUNTY IN APPROVING AGREEMENTS FOR CONTINUING SERVICES UNDER THE COUNTY�S EQUITABLE DISTRIBUTION PROGRAM

BODY
WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference,

NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board ratifies the actions of the County Mayor or County Mayor�s designee, as authorized by Section 2-10.4 of the Code of Miami-Dade County, in approving the recommendations listed on Exhibits �A, B, C and D� attached hereto and made a part hereof.

HEADER
Date: March 4, 2014

To: Honorable Chairwoman Rebeca Sosa
and Members, Board of County Commissioners

From: Carlos A. Gimenez
County Mayor

Subject: Equitable Distribution Program Professional Services Agreements FY 2013 Ratification

STAFF RECOMMENDATION
Recommendation
It is recommended that the Board of County Commissioners (Board) adopt the attached resolution ratifying the actions of the County Mayor or County Mayor�s designees to execute Equitable Distribution Program (EDP) Professional Services Agreements (PSA) entered into from October 1, 2012 through September 30, 2013. The attached EDP PSA Quarterly Ratification Reports (Exhibits �A through D�) identify the firms that were assigned work through the EDP Program during this period.

EDP contracts are issued and renewed regularly to qualified local architectural, engineering and landscape architectural (A&E) firms that are in good standing. The EDP PSA is the formal mechanism which allows County departments to issue work authorizations to eligible EDP participants.

Scope
EDP professional service orders impact the capital improvement plans throughout the entire County.

Fiscal Impact/Funding
Funding for the professional services ordered under the EDP is identified at the time of issuance of the service order and is consistent with each department�s capital project budgets.

Tracking/Monitor
The EDP program is managed by Luisa Millan, Director of Professional Contract Services Division in the Internal Services Department.

Delegated Authority
Resolutions R-631-01 and R-667-03, which govern the EDP Program, delegate authority to the County Mayor or County Mayor�s designee to execute and terminate EDP contracts which are subsequently sent to the Board for annual ratification.

MANAGER'S BACKGROUND
Background
The EDP Program was established by the Board in June 2001 as a pre-qualified pool of eligible A&E firms designed to increase opportunities for locally-based businesses. The objectives of this program are to equitably and expeditiously distribute small capital improvement design projects within the thresholds established in Florida State Statute 287.055 for continuing contracts, as well as to facilitate contract opportunities for A&E firms. EDP affords County departments access to qualified professionals for smaller projects without necessitating a formal solicitation process. The program is structured to distribute projects to participants that have received the fewest previous opportunities with the County through a centralized rotational system. Furthermore, the intent of the legislation adopting the EDP was to provide A&E firms with valuable exposure and experience in working on County projects to more effectively compete in the marketplace. As a result, many new local and small firms have been able to foster a successful business relationship with the County and in the private sector.

Over 1,750 EDP assignments totaling more than $100 million in potential service fees have been disbursed to A&E firms since inception of the program in 2001.

In FY 2012-13, 240 assignments were initiated for total estimated fees of $14.5 million. Currently, there are approximately 345 active members in the EDP program including 21 new members added during this reporting period. Over 90 percent of the EDP Community Business Enterprise firms have received work through the program.

To ensure equitable distribution of work, each firm�s position in the EDP Pool is based on County approved technical categories and the rotational value is determined from their net County dollars awarded and paid over the last three years. As such, the majority of the assignments are distributed to qualified firms that have received the fewest previous opportunities with the County.

The County has also benefited from the implementation of this program by acquiring A&E professional services more expeditiously and cost effectively.

Attachments

________________________
Edward Marquez
Deputy Mayor