Miami-Dade Legislative Item
File Number: 983559
   

File Number: 983559 File Type: Ordinance Status: Adopted
Version: 0 Reference: 98-197 Control: County Commission
File Name: QUALITY NEIGHBORHOOD INITIATIVE PROGRAM (QNIP) EXPEDITE ORD. Introduced: 12/17/1998
Requester: County Manager Cost: Final Action: 12/15/1998
Agenda Date: 12/15/1998 Agenda Item Number: 5Q
Notes: THIS IS FINAL VERSION AS ADOPTED. (also see 983218) Title: ORDINANCE EXPEDITING PROCEDURES FOR CONTRACTS RELATING TO QUALITY NEIGHBORHOOD INITIATIVE PROGRAM (QNIP) PROJECTS; PERMITTING INCLUSION OF BBE, HBE, WBE AND CSBE CONTRACT MEASURES IN QNIP CONTRACTS WITHOUT THE NEED FOR PRIOR COMMISSION APPROVAL; EXEMPTING QNIP CONTRACTS FROM THE PROSCRIPTION AGAINST GRANTING EXTENSIONS AFTER EXPIRATION OF TIME FOR COMPLETION; WAIVING THE REQUIREMENTS OF ADMINISTRATIVE ORDERS 3-2 AND 3-16 FOR QNIP CONTRACTS; AUTHORIZING COUNTY MANAGER TO AWARD SAFE/NEIGHBORHOOD PARKS BOND AND QNIP CONTRACTS INVOLVING EXPENDITURE OF MORE THAN $500,000 WHERE NO PROTEST IS FILED TO THE MANAGER'S AWARD RECOMMENDATION; AMENDING BID PROTEST PROVISIONS (SECTION 2-8.3) ACCORDINGLY; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, SUNSET AND AN EFFECTIVE DATE
Indexes: NEIGHBORHOOD INITIATIVE PROGRAM
Sponsors: NONE
Sunset Provision: Yes Effective Date: 12/26/1998 Expiration Date: 12/24/2003
Registered Lobbyist: None Listed


Legislative History

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

County Attorney 12/17/1998 Assigned R. A. Cuevas, Jr. 12/17/1998

Board of County Commissioners 12/15/1998 5Q Adopted as amended P
REPORT: Commissioner Carey expressed concern that women, minorities and small companies be involved in these projects. She noted she wanted to ensure that African Americans and neighborhood residents were included in the work projects. Commissioner Moss requested that individuals within the community be able to participate in these work projects. County Manager Stierheim indicated he would return to the Board with an outline of how these objectives could be achieved, and noted he would report back on the items that had been discussed. The foregoing ordinance was amended to require that any item that had a bid protest would come back to the Board.

Legislative Text


TITLE
ORDINANCE EXPEDITING PROCEDURES FOR CONTRACTS RELATING TO QUALITY NEIGHBORHOOD INITIATIVE PROGRAM (QNIP) PROJECTS; PERMITTING INCLUSION OF BBE, HBE, WBE AND CSBE CONTRACT MEASURES IN QNIP CONTRACTS WITHOUT THE NEED FOR PRIOR COMMISSION APPROVAL; EXEMPTING QNIP CONTRACTS FROM THE PROSCRIPTION AGAINST GRANTING EXTENSIONS AFTER EXPIRATION OF TIME FOR COMPLETION; WAIVING THE REQUIREMENTS OF ADMINISTRATIVE ORDERS 3-2 AND 3-16 FOR QNIP CONTRACTS; AUTHORIZING COUNTY MANAGER TO AWARD SAFE/NEIGHBORHOOD PARKS BOND AND QNIP CONTRACTS INVOLVING EXPENDITURE OF MORE THAN $500,000 WHERE NO PROTEST IS FILED TO THE MANAGER'S AWARD RECOMMENDATION; AMENDING BID PROTEST PROVISIONS (SECTION 2-8.3) ACCORDINGLY; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, SUNSET AND AN EFFECTIVE DATE

BODY
WHEREAS, the County has enacted various ordinances applicable to the procurement of improvements, goods and services for all County departments, as well as other policies which, although not legally required, the Board has desired to follow for County procurements, such as obtaining specific authorization by the Board to advertise contracts; and
WHEREAS, the County will be embarking upon a capital construction and procurement program through the Quality Neighborhood Initiative Program (QNIP) that requires a high degree of efficiency in procurement procedures applicable thereto; and
WHEREAS, this Board has enacted amendments to Countywide procurement procedures in the past so as to increase efficiencies of certain County departments, such as Section 2-17 applicable to construction of Stage 1 of the Rapid Transit System, Section 2-8.3(c)(2) of the former Black Business Enterprise Program permitting the Public Health Trust to become involved in BBE goal setting procedures (as restated in Section 2-8.2(3)(c) of the current Black Business Enterprise Program, as well as Sections 2-8.2.3(3)(c) and 2-8.2.4(3)(c) of the Women Business Enterprise Program and Hispanic Business Enterprise Program, respectively) and, finally, resolutions adopted by this Board delegating authority to the County Manager to approve and execute contracts while the Board is not sitting, subject to ratification by the Board, and
WHEREAS, because of the importance of the Quality Neighborhood Initiative Program to Miami-Dade County citizens, this Board desires to institute procedures to expedite contracts related to program projects so as to foster greater efficiency in the contracting process, while reflecting at all times this Board's policy decisions relating to procurement practices for the County and the Board's sensitivity to minority and women's contracting goals as expressed
from time to time by the Board;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA: that
Section 1. The Code of Miami-Dade County, Florida, is hereby amended by adding the following new sections thereto as Section 2-8.2.6 and 2-8.2.7:1
* * *
Section 2-8.2.6. Expedited procedures for contracts related to projects funded by Safe Neighborhood Parks Bonds Żand or the Quality Neighborhood Initiative Program.®

Notwithstanding the provisions of Section 2-8.2, 2-8.2.3, 2-8.2.4, and 10.33.02, the County Manager or his designee is authorized to advertise any proposed contract related to projects funded in whole or in part by the Safe Neighborhood Parks Bond Issue >>and or the Quality Neighborhood Initiative Program<< without prior approval of the Board, upon the County Manager's recommendation of the contract measures applicable to such contract. The Board's approval of the award or its ratification of such contract shall constitute the Board's approval of such contract measure previously recommended by the County Manager. The provisions of Administrative Orders 3-2 and 3-16 are hereby waived as to all contracts related to projects funded in whole or in part by the Safe Neighborhood Parks Bond Issue >>and or the Quality Neighborhood Initiative Program.<<

Section 2-8.2.7 County Manager's authority as to contracts related to projects funded by Safe Neighborhood Parks Bonds >>and or the Quality Neighborhood Initiative Program.<<

Notwithstanding any other provision of the Miami-Dade County Code to the contrary, the County Manager shall have the following authority:

(1) As to any proposed contract related to projects funded in whole or in part by the Safe Neighborhood Parks Bond Issue >>and or the Quality Neighborhood Initiative Program<< to which Sections 2-8.2, 2-8.2.3, 2-8.2.4 or 10-33.02 are applicable, the County Manager may advertise any competitive contract in which appropriate contract measures as provided in Section 2-8.2(3)(c), 2-8.2.3(3)(c), 2-8.2.4(3)(c) 10-33.02(3)(B)(6) and 10-33.02(3)(B)(7)(d) and (c) have been specified; issue bid and proposal documents including addenda thereto; receive, open and review bids and proposals; >> award professional services agreements and contracts involving the expenditure of more than $500,000 where no protest is filed within the time frame specified in Section 2-8.4 (b);<< issue notices to proceed after award; advertise, select committees for, and negotiate professional services agreements under Section 2-10.4 of the Code: issue amendments to any professional services agreement that relates to construction or project contract which has been increased in scope hereunder or by approval by the Board (subject, however, to any limitations on such authority as may be contained in the statutory and code provisions applicable to competitive selection of professional services); and perform all the foregoing for professional services agreements not subject to Section 2-10.4; provided however, that the authority in this Subsection (1) is subject to Subsection (4) of this Section.

(2) The County Manager may provide in the bid specifications and contract documents that the contract time may be extended and that liquidated damages for failure to comply therewith may be waived before or after the specified date for completion of the contract;

(3) The County Manager may negotiate and settle contractor claims, and issue change orders for additional work under contracts and amendments for professional services agreements; as to any specific contract or agreement, change orders or amendments thereto shall not exceed $500,000 in cumulative dollar amount and shall not exceed 15% of the contract price in cumulative percentage amount; provided however, that the foregoing limitation shall not apply to any change order or amendment related to environmental remediation or health requirements, and the foregoing change orders and amendments shall require ratification by the Board; provided further, that the County Manager may reduce in any amount the scope and compensation payable under any contract and grant compensable and non-compensable time extensions thereunder.

(4) All actions taken by the County Manager under this Section shall not require review by any Committee, but the County Manager shall [[obtain approval of the Board to execute any contract or agreement submitted under]] >>submit to the Board for ratification all contracts and agreements executed when none of the bidders have filed a timely bid protest or the hearing examiner concurs with the County Manager's recommendation pursuant to<< Subsection (1).

(5) The County Manager may delegate authority for execution by the Park and Recreation Director >>and or the Public Works Department Director << or his immediate designee of actions and authorizations permitted hereunder; and

(6) For all contracts related to projects funded in whole or in part by the Safe Neighborhood Parks Bond Issue >> and or the Quality Neighborhood Initiative Program << which are subject to Section 2-8.3 of the Code, the County Manager may waive the provisions of Section 2-8.4 to the extent provided in the solicitation documents.

Section 2-8.3 Manager's recommendation.

Whenever a competitive process is utilized for selection of a contractor, vendor, consultant, tenant or concessionaire, the County Manager shall review the responses to the solicitation and recommend to the County Commission award or other appropriate action. Such recommendation shall be in writing and shall be filed with the Clerk of the Board, with copies mailed to all participants in the competitive process, no later than thirty (30) days prior to any Commission meeting at which such recommendation is scheduled to be presented. The foregoing notwithstanding, if no protest is filed within the time frame specified in Section 2-8.4(b), the manager's recommendation may be presented to the Commission without the necessity of waiting for expiration of the balance of the thirty (30) days provided in this section. >>Those contracts covered by Section 2-8.2.7 for which no timely protest is filed, the County Manager's recommendation may be awarded by the County Manager in accordance with his recommendation.<< The Commission, by two-thirds vote of the members present, may waive the requirements of this section. The foregoing notwithstanding, the requirements of this section shall not apply to contracts or purchases involving the expenditure of five hundred thousand dollars ($500,000.00) or less.

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 work.
Section 4. This ordinance shall become effective 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.
Section 5. This ordinance shall stand repealed five years from its effective date.
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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