§ 2-285.1. Mayor's authority as to contracts relating to the North Terminal Development Project at Miami International Airport.

(1)

With respect to contracts assigned to Miami-Dade County pursuant to Resolution R-735-05, or other contracts previously procured by American Airlines and previously assumed by Miami-Dade County via action of the Board of County Commissioners, or contracts to finish work begun but left incomplete as of August 1, 2005, or contracts related to the construction, design, or construction management of the North Terminal Development which were awarded by the Board of County Commissioners prior to May 1, 2008, and notwithstanding and prevailing over any other provision of the Code of Miami-Dade County, Florida to the contrary, the Mayor and the Airport Director, shall have the authority to: extend the contract time and waive liquidated damages for failure to comply therewith before the specified date for completion of the contract provided good cause exists and the contract provides that after the expiration of the contract time the County may extend the contract time or waive liquidated damages; and may otherwise modify the contract terms, may increase or reduce in any amount the scope and compensation payable under any contract, and may grant compensable and non-compensable time extensions. Additionally, to the extent that a contract listed above has expired, and such contract was competitively procured and contains no minority goals or measures, the County Mayor, and the Airport Director, may recommend to the Board of County Commissioners that a contract be re-awarded to the firm holding such expired contract, and such request will be heard by the full Board of County Commissioners without need for prior Committee Approval. The authority delegated in this section is intended to be supplemental to, and shall not limit, authority otherwise granted to the Mayor, County Manager, or Airport Director by ordinance or by administrative order.

(2)

The authority in this Subsection is subject to the following limitations:

(a)

Any amendment in excess of ten million dollars in value shall be subject to the prior approval of the Board of County Commissioners, but shall not require prior committee approval.

(b)

Any exercise of authority to this section shall be subject to the budget approved by the Board for the North Terminal Development Project as a whole.

(c)

Any exercise of authority pursuant to this Section shall require ratification by the Board.

(d)

Nothing in this section shall affect the requirements of State law for the competitive purchase of goods and services, including those related to public construction work and those contained in the Consultants Competitive Negotiation Act.

(e)

Any exercise of authority pursuant to this section shall be in conformity with the policies and procedures which may be established by implementing order to be approved by this Board. The implementing order shall contain guidelines for the exercise of the authority conferred under this section, and shall specifically provide for the application of County policies with respect to contracting, including but not limited to procedures for bid protests, inclusion of small business measures, community business enterprises, community small business enterprises, community workforce, and responsible wages. The provision of the Code relative to such programs shall not be applicable to the contracts specified herein except as specifically provided for in the implementing order.

(f)

Nothing in this section shall affect the process for settlement of construction disputes relating to the North Terminal Development approved by separate resolution of the Board.

(g)

The provisions of this Ordinance shall not apply except to those contracts listed in Resolution R-735-05, or other contracts previously procured by American Airlines and previously assumed by Miami-Dade County via action of the Board of County Commissioners, or contracts to finish work begun but left incomplete as of August 1, 2005, or contracts related to the construction, design, or construction management of the North Terminal Development which were awarded by the Board of County Commissioners prior to May 1, 2008.

(Ord. No. 08-87, § 1, 7-1-09)