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RESOLUTION AMENDING ADMINISTRATIVE ORDER NO. 3-27 PERTAINING TO THE CONE OF SILENCE; PROVIDING CERTAIN LIMITED EXCEPTIONS; ESTABLISHING PROCESSES FOR REPORTING AND PUBLIC NOTICE; AND ADDING DEFINITION [CROSS WITH AGENDA ITEM NO. 2(D)]

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WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board approves the amendment of Administrative Order No. 3-27 regarding the Cone of Silence, in substantially the form attached hereto and made a part hereof; and authorizes the County Manager to exercise same for and on behalf of Miami-Dade County.

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TO: Honorable Chairperson and Members DATE:
Board of County Commissioners

FROM: Steve Shiver SUBJECT: Amendments to Administrative
County Manager Order No. 3-27: Cone of Silence

STAFF RECOMMENDATION
It is recommended that the Board approve the attached amendments to Administrative Order 3-27 implementing the Cone of Silence.

MANAGER'S BACKGROUND
On November 28, 2000, the Board approved Ordinance No. 00-149, amending Section 2-11.1(t) of the County Code, relating to the Cone of Silence. The County Attorney has advised that the effectiveness of Ordinance No. 00-149 is conditioned on the Board's approval of amendments to the existing Administrative Order. On September 25, 2001 the Board approved further amendments to Section 2-11.1(t) of the County Code and an ordinance with additional amendments appears o this agenda. The attached amendments to Administrative Order 3-27 implement the cumulative changes to the Cone of Silence Ordinance that were approved by the Board since November 2000, and include those changes proposed in the ordinance on today's agenda.

The proposed amendments:

* prohibit communications regarding a particular RFP, RFQ or bid for solicitation of goods or services between a potential vendor, service provider, bidder, lobbyist or consultant and the Mayor or County Commissioners, or their respective staffs.
* prohibit communications regarding a particular RFP, RFQ or bid for solicitation of goods or services between a potential vendor, service provider, bidder, lobbyist or consultant; the Mayor or County Commissioners, or their respective staffs; or any member of the County's professional staff and any member of the respective selection committee.
* permit communications regarding a particular RFP, RFQ or bid between the procurement agent or contracting officer or their designated secretarial/clerical staff responsible for administering the procurement process for such RFP, RFQ or bid and a member of the respective selection committee, provided that the communication is limited strictly to matters of process, or procedure already contained in the corresponding solicitation document.
* permit communications between the County Manager and the Chairperson of the Selection Committee about a particular selection committee recommendation, only after the committee has submitted an award recommendation to the Manager and provided that, should any change occur in the committee recommendation, the content of the communication and of the corresponding change shall be described in writing and filed by the Manager with the Clerk of the Board and be included in any recommendation memorandum submitted by the Manager to the Board of County Commissioners.
* permit communications between a potential vendor, service provider, bidder, consultant or lobbyist and employees of the Community Business Enterprise and Equitable Distribution Programs.
* permit communications between a potential vendor, service provider, bidder, consultant or lobbyist and employees responsible for administering disadvantaged business enterprise programs in County departments receiving federal funds provided the communications are limited strictly to matters of programmatic process or procedure.
* direct County departments to notify the Department of Business Development (DBD) at the time of imposition of the Cone of Silence. The changes also outline DBD responsibilities, particularly weekly public notice of the Cone of Silence on the County's website, to include the name and phone number of the procurement agent or contracting officer responsible for administering the procurement process for such RFP, RFQ or bid as the point of contact to receive inquiries limited strictly to matters of process or procedure already contained in the corresponding solicitation document.
* define the term "issuing department."
The following amendment is proposed in the ordinance in today's agenda.
* permit oral communications regarding a particular RFP, RFQ or bid for solicitation of goods or services between any person and the County's Vendor Information Center staff or the procurement agent or contracting officer responsible for administering the procurement process for such RFP, RFQ or bid, provided that the communication is limited strictly to matters of process or procedure already contained in the corresponding solicitation document.

Additionally, the proposed amendments clarify when the Cone of Silence ends in cases where the award is within the County Manager's delegated authority.

Attachment

This document contains the amendment to the AO to include the name and phone no. of responsible procurement agent or contracting officer on the Cone of Silence Report.