Broward County Commission Regular Meeting

A. MOTION TO RESCIND Board approval of Item 45 from the October 9, 2018, County Commission meeting, based upon media reports detailing problems with the awarded contract vendor, Build Your Dreams Motors, Inc. (BYD).

ACTION:  (T-4:29 PM)  Approved.  (Refer to minutes for full discussion.)  (See Yellow-Sheeted Additional Material, dated November 13, 2018, submitted at the request of the Transportation Department.)

VOTE: 7-0.  Dr. Sharief was not present at the time of the vote.

B. MOTION TO APPROVE fixed contract to the awarded vendor, Build Your Dreams Motors, Inc. (BYD), from the State of Georgia Contract No. 99999-001-SPD0000138-0008; Supplemental Mass Transit and Transportation Related Vehicles and Related Equipment and Accessories; for the purchase of 15 40-foot, low floor, heavy-duty all-electric buses to include diagnostic equipment, spare parts, and training for the Transit Division, in the total amount of $13,096,121. (Vice-Mayor Bogen)

ACTION:  (T-4:29 PM)  Approved as amended as outlined on the Tuesday Morning Memorandum.  (Refer to minutes for full discussion.)

VOTE: 7-0.  Dr. Sharief was not present at the time of the vote. 

Section 18.7(j) of the Broward County Administrative Code requires placement of a Motion to Rescind on the next agenda following Commission approval of a Motion to Consider Rescission.  If the Motion to Rescind is approved, the Board is required to either consider the initial item again at the same meeting or set a date certain for its consideration.

If approved, this item will rescind the Board's approval of Item 45 from the October 9, 2018, agenda and either consider the item again or set a future date for its consideration.

On October 9, 2018, the Board simultaneously approved Item 38, which authorized the Transportation Department to submit a grant application to the Federal Transit Administration, and Item 45, which approved a fixed contract to BYD for the purchase of 15 40-foot, low floor, heavy-duty all-electric buses from the State of Georgia Contract No. 99999-001-SPD0000138-0008. Subsequently, the Board was informed of media reports detailing problems with certain BYD electric buses.  The County has not executed an agreement or issued a purchase order to purchase the 15 buses from BYD.

On October 23, 2018, in connection with consideration of Item 53, the Board approved a Motion to Consider Rescission of the Board's approval of Item 45 from the October 9, 2018, agenda. The Administrative Code provides that a Motion to Rescind shall be placed on the agenda of the Commission meeting following the meeting at which the Motion to Consider Rescission was approved. Approval of a Motion to Rescind requires the affirmative vote of a majority of the Board. If the Motion to Rescind is approved, the Administrative Code requires the Board to either consider the original item again on the same day or set a date certain for its consideration. 
 
Motion B is worded the same as Item 45 from the October 9, 2018, agenda.  However, I plan to make a substitute Motion B to authorize the Purchasing Director to enter into an agreement with BYD, approved as to legal sufficiency by the Office of the County Attorney, for the purchase of 15 40-foot, low floor, heavy-duty all-electric buses to include diagnostic equipment, spare parts, and training for the Transit Division, in the total amount of $13,096,121, via “piggyback” on State of Georgia Contract No. 99999-001-SPD0000138-0008 titled “Supplemental Mass Transit and Transportation Related Vehicles and Related Equipment and Accessories;” and authorize the County Administrator to take all required administrative and budgetary actions in connection therewith, upon the Director of the Transportation Department determining that the five electric buses from the initial BYD electric bus purchase dated September 27, 2018, have performed well for a period of not less than six months after delivery to Broward County.
 
Importantly, Item 38 from the October 9, 2018, County Commission meeting, which was considered by the Board concurrently with Item 45, is not affected by any action taken on this agenda item.