§ 2-285. County Manager's authority as to contracts for the Aviation Department.

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 Aviation Department contract to which Sections 2-8.2, 2-8.2.3 or 2-8.2.4 are applicable, the County Manager may advertise any competitive contract in which appropriate contract measures as provided in Sections 2-8.2(3)(c), 2-8.2.3(3)(c), and 2-8.2.4(3)(c) have been specified; issue bid and proposal documents including addenda thereto; receive, open and review bids and proposals; 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 after award by the Board, including any professional services agreement that relates to a 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 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 Mayor 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 five hundred thousand dollars ($500,000.00) in cumulative dollar amount and shall not exceed fifteen (15) percent 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 Mayor may reduce in any amount the scope and compensation payable under any contract and grant compensable and non-compensable time extensions thereunder. Any County contract or amendment with small business measures is required to meet at least eighty-five percent (85%) of the small business goals applicable to the tasks and value of the portion(s) of the contract work performed to date before a change order or contract amendment may be considered for approval, unless the following explanatory information as delineated has been provided. Except for non-compensatory time extensions, items with small business measures which failed to meet this minimum threshold or equivalent percentage must clearly explain (i) the circumstances as to why the goal(s) was not achieved, (ii) steps taken by the prime contractor(s) and the contracting department to meet the goal(s), and (iii) how the small business goal(s) will be achieved in the change order or contract amendment, or the proposed change order or contract amendment cannot be considered for approval;

(3.1)

The provisions of subsection (3) above notwithstanding, the County Mayor shall have the authority to issue change orders or amendments provided that the cumulative effect of any such change orders and amendments to a specific contract or agreement does not exceed twenty (20) percent of the original amount of such contract or amendment, and further provided that the consulting engineer (under the existing trust indenture), the Aviation Director, and the Miami-Dade Aviation Consultants (DAC) concur in such action, that the change order or amendment is submitted to the Board for ratification within one hundred eighty (180) days. Any County contract or amendment with small business measures is required to meet at least eighty-five percent (85%) of the small business goals applicable to the portion(s) of the contract work performed to date before a change order or contract amendment be considered for approval. Except for non-compensatory time extensions, items with small business measures which failed to meet this minimum threshold or equivalent percentage must clearly explain (i) the circumstances as to why the goal(s) was not achieved, (ii) steps taken by the prime contractor(s) and the contracting department to meet the goal(s), and (iii) how the small business goal(s) will be achieved in the change order or contract amendment, or the proposed change order or contract amendment cannot be considered for approval. The County Mayor shall report on a monthly basis to the Aviation Operations Committee of the Board on his actions taken in exercising the authority delegated to him hereunder. The County Mayor shall not have delegated authority hereunder to issue any change order or amendment that is the result of design errors or omissions, and any such change order or amendment shall require prior Board approval;

Note— Ord. No. 95-210, amended § 2-285 by the addition of subsection (3.1) and § 3 of said ordinance provided sunset provisions which provided that the provisions of subsection (3.1) of § 2-285 shall stand repealed twelve (12) months from its effective date (adopted Nov. 21, 1995, effective 10 days after the date of enactment).

(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 subsection (1);

(5)

For any lease with an airport tenant, the County Manager may authorize reimbursement for construction and other costs for the tenant's relocation of all or a portion of its premises, preparation of premises for occupancy, or making emergency repairs, provided the tenant obtains competitive bids for construction work, follows the procedures in Section 2-10.4 for obtaining professional services covered therein, complies with contract measures as approved by the County Manager, and complies with direction otherwise provided by the Aviation Department;

(6)

Subject to ratification of the Board, the County Manager may execute all standard form federal grant documents or state joint participation agreements, including acceptance of grant or joint participation commitments required to be imposed by federal or state law as a condition to the County's receiving grant or joint participation benefits;

(7)

The County Manager may delegate authority for execution by the Aviation Director or his immediate designee of actions and authorizations permitted hereunder;

(8)

For all Aviation Department contracts subject to Section 2-8.3 of the Code, the County Manager may waive the provisions of Section 2-8.3 to the extent provided in the solicitation documents; and

(9)

The County Manager shall prepare and submit to the County Commission for approval, an Administrative Order which shall establish procedures to expedite the review and approval of change orders, including total quality management techniques and concurrent review by departmental and consultant staff.

(Ord. No. 95-64, § 2, 4-6-95; Ord. No. 95-210, §§ 1—3, 11-21-95; Ord. No. 16-19, § 3, 2-2-16; Ord. No. 17-27, § 3, 5-2-17)

Cross reference

Aviation Department rules and regulations, Ch. 25.