Miami-Dade Legislative Item
File Number: 171058
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File Number: 171058 File Type: Ordinance Status: In Committee
Version: 0 Reference: 17-44 Control: Board of County Commissioners
File Name: MISCELLANEOUS CONSTRUCTION CONTRACTS PROGRAM Introduced: 4/18/2017
Requester: NONE Cost: Final Action: 7/6/2017
Agenda Date: 7/6/2017 Agenda Item Number: 7E
Notes: Title: ORDINANCE RELATING TO THE MISCELLANEOUS CONSTRUCTION CONTRACTS PROGRAM; AMENDING SECTION 2-8.2.7.01 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR A DEPARTMENT SPECIFIC PLAN TO BE USED TO MEET THE SPECIFIC NEEDS OF THE WATER AND SEWER DEPARTMENT AND OTHER DEPARTMENTS WHEN AUTHORIZED BY BOARD RESOLUTION; ESTABLISHING PROCESS FOR CREATING CONTRACTING OPPORTUNITIES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: MISCELLANEOUS CONSTRUCTION CONTRACTS
Sponsors: Barbara J. Jordan, Prime Sponsor
  Audrey M. Edmonson, 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 7/6/2017 7E Adopted P
REPORT: First Assistant County Attorney Geri Bonzon-Keenan read the foregoing proposed ordinance into the record. Hearing no questions or comments, the Board proceeded to vote to adopt the foregoing proposed ordinance, as presented.

Infrastructure and Utilities Committee 6/13/2017 1G1 Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Sarah Davis read the title of the foregoing proposed ordinance into the record. Chairman Monestime opened the public hearing and called for persons wishing to be heard on the foregoing proposed ordinance. The public hearing was closed after no one appeared. Commissioner Suarez recognized that the item was related to his commission district. Chairman Monestime stated that he believed the item was a good item. Hearing no further questions or comments, the Committee proceeded to vote on the foregoing proposed resolution.

Board of County Commissioners 5/2/2017 Tentatively scheduled for a public hearing Infrastructure and Utilities Committee 6/13/2017

Board of County Commissioners 5/2/2017 4D Adopted on first reading 6/13/2017 P
REPORT: First Assistant County Attorney Geri Bonzon Kenan read the forgoing proposed ordinance into the record. The foregoing proposed ordinance was adopted on first reading and scheduled for a public hearing before the Infrastructure and Utilities Committee (ICU) on Tuesday, June 13, 2017, at 9:30 a.m. Hearing no questions or comments, the Board proceeded to vote on the foregoing proposed ordinance as presented.

County Attorney 4/18/2017 Referred Infrastructure and Utilities Committee 6/13/2017

County Attorney 4/18/2017 Assigned Hugo Benitez

Legislative Text


TITLE
ORDINANCE RELATING TO THE MISCELLANEOUS CONSTRUCTION CONTRACTS PROGRAM; AMENDING SECTION 2-8.2.7.01 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR A DEPARTMENT SPECIFIC PLAN TO BE USED TO MEET THE SPECIFIC NEEDS OF THE WATER AND SEWER DEPARTMENT AND OTHER DEPARTMENTS WHEN AUTHORIZED BY BOARD RESOLUTION; ESTABLISHING PROCESS FOR CREATING CONTRACTING OPPORTUNITIES; 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 2-8.2.7.01 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Sec. 2-8.2.7.01. – Miscellaneous Construction Contracts Program.

(1) Policy: This [[ordinance]]>>section<<, to be known as the Miscellaneous Construction Contracts Program (“MCC”), is intended to enhance the contracting opportunities of [[Community]] Small Business Enterprises >>for Construction Services<< (“CSBE”) as defined in Section 1033.02 and to facilitate and expedite the award of construction contracts to small businesses.

(2) Scope: This section, and the processes set forth herein, shall be applicable to the pre-qualifying, registration, award and construction of miscellaneous construction contracts designed to provide opportunities for Community Small Business Enterprises.

(3) MCC participants are allowed to participate in [[two different]] >>the<< contracting plans >>identified in this section<<, in accordance with the contracting procedures and specifications to be developed, maintained and amended by the Internal Services Department>>or its successor department with procurement function<< (“ISD”) specifically for these purposes, in Implementing Order (“IO”) 3-53:

(a) 7040 Plan (“CSBE Rotational Set Aside Plan”)

1. The Set Aside Plan shall be a 100% CSBE set aside. To qualify participants must be certified by the Internal Services Department. Small Business Development Division (“SBD”) in their contracting trade.

2. ISD shall establish and administer a rotational pools, subject to trades and values, to distribute work among program participants in an equitable manner through competitive bids depending on threshold values. The pools shall be designed to effect the maximum distribution of work among qualified firms, established in accordance with the contractor’s license and abilities to do the work, all in accordance with the provisions of IO 3-53.

3. The SBD Review Committee shall establish an annual Community Workforce Program (“CWF”) goal applicable to all contracts with construction costs of more than one hundred thousand dollars ($100,000.00).

(b) 7360 Plan (“Open Competitive Plan”)

1. Bidders under this plan shall be prequalified prior to award in accordance with forms developed for this purpose by IO 3-53.

2. This plan shall be used whenever the funding source prohibits the use of CSBE set asides or when SBD determines that there is insufficient availability for a CSBE set aside within the 7040 Plan >>or Department specific plan<< to accomplish the proposed work.

3. This plan shall provide contract award opportunities to CSBEs through subcontracting

4. CWF goals shall be established for each award under the 7360 Plan by the SBD Review Committee.

>>(c) Department Specific Plan

1. When authorized by the Board of County Commissioners by resolution, ISD shall establish and administer rotational pools limited to CSBE program participants who register and qualify to serve the contracting needs of an identified County department (each referred to in this section as a “Department Specific Plan”). The Department Specific Plan shall be a 100 percent CSBE set aside. To qualify, participants must be certified by SBD in their contracting trade.

2. The Department Specific Plan shall be designed to effect the maximum distribution of work among qualified firms for the identified department in accordance with the contractor’s license and ability to do the work. The rotation shall be limited to the contractors registered and qualified to serve the department. Participation in the Department Specific Plan shall not impair a contractor’s ability to participate in the 7040 Plan.

3. ISD shall provide a Department Specific Plan to meet the needs of the capital development program of the Water and Sewer Department. The provisions of this section shall not impair any pool or program in effect as of the effective date of the ordinance creating the Department Specific Plan.

4. It is the policy of Miami-Dade County to promote the opportunities of CSBEs through the use of miscellaneous construction contracts. Consistent with that policy, the Mayor is hereby authorized and directed to create Department Specific Plans as necessary to meet the capital development needs of identified County departments. The Mayor shall report to the Board the creation of any such plan.<<

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.
PASSED AND ADOPTED:

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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