Broward County Commission Regular Meeting


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AI-28437 28.       
Meeting Date: 02/12/2019  
Director's Name: Andrew J. Meyers
Department: County Attorney  
Information
Requested Action
MOTION TO ADOPT Resolution No. 2019-058 directing the County Administrator to publish Notice of Public Hearing to be held on Tuesday, February 26, 2019, at 10:00 a.m., in Room 422 of the Governmental Center to consider adoption of a proposed Resolution Amending the Broward County Administrative Code, the title of which is as follows:

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO THE PROCUREMENT CODE; AMENDING VARIOUS SECTIONS OF CHAPTER 21 OF THE BROWARD COUNTY ADMINISTRATIVE CODE ("ADMINISTRATIVE CODE") RELATING TO VENDOR PERFORMANCE REVIEWS; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE ADMINISTRATIVE CODE, AND AN EFFECTIVE DATE.

ACTION:  (T-10:55 AM)  Approved.  

VOTE: 9-0.  Commissioner Geller voted in the affirmative telephonically.
 
(Sponsored by Senator Steve Geller)
Why Action is Necessary
The Broward County Charter requires the posting of notice and a public hearing for adoption of amendments to the Broward County Administrative Code.
What Action Accomplishes
Amends the Broward County Procurement Code to include a process whereby vendors may challenge certain vendor performance reviews.
Is this Action Goal Related
Previous Action Taken
Summary Explanation/Background
The Director of Purchasing or the Contract Administrator is required, pursuant to Section 21.22 of the Broward County Administrative Code, to evaluate performance of certain contracts. If a vendor receives three or more scores of 2.59 or below over a five-year period, the Director of Purchasing is authorized to suspend the vendor from participating as a prime contractor or a subcontractor on a County contract. Such suspensions might also have to be disclosed when the vendor seeks work from another entity.

The proposed Resolution includes the following material amendments to the Procurement Code:
  • Modifies the requirements for submittal of final performance evaluations with a score of 2.59 or below for all contracts requiring a final performance evaluation to add transparency to the process;
  • Expressly permits vendors to submit a rebuttal to final performance evaluations;
  • Permits vendors to appeal final performance evaluations with a score of 2.59 or below;
  • Permits vendors appealing a final performance evaluation to utilize the Office of the County Auditor or an independent hearing officer to preside over such appeals; and
  • Establishes a standard of review for an appeal of a final performance evaluation.
Source of Additional Information
Rene D. Harrod, Deputy County Attorney, (954) 357-7600
Fiscal Impact
Fiscal Impact/Cost Summary:
This is expected to have very limited costs based on the limited number of scoring challenges that are expected.
Attachments
Exhibit 1 - Copy of Resolution to Publish Notice of Public Hearing
Exhibit 2 - Copy of Proposed Resolution Amending the Broward County Administrative Code

    

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