Legislative Matter

Miami-Dade Legislative Item
File Number: 981505

File Number: 981505

File Type: Ordinance

Status: Adopted as amended

Version: 0

Reference: 98-42

Control: County Commission

File Name: COUNTY CONTRACTS - PAST PERFORMANCES

Introduced: 5/12/1998

Requester: NONE

Cost:

Final Action: 4/21/1998

Agenda Date: 4/21/1998

Agenda Item Number: 5A

Notes:

THIS IS FINAL VERSION AS ADOPTED. (also see 980775)

Title:

ORDINANCE REQUIRING A BIDDER'S OR PROPOSER'S PAST PERFORMANCE ON COUNTY CONTRACTS BE CONSIDERED IN THE SELECTION OF CONSULTANTS AND CONTRACTORS FOR FUTURE COUNTY CONTRACTS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE

Indexes:	CONTRACT AWARD
	CONTRACTS

Sponsors:

Pedro Reboredo, Prime Sponsor

Sunset Provision: No

Effective Date:

Expiration Date:

Registered Lobbyist:

None Listed

Legislative History
Acting Body	Date	Agenda Item	Action	Sent To	Due Date	Returned	Pass/Fail

County Attorney	5/12/1998		Assigned	R. A. Cuevas, Jr.		5/11/1998

Board of County Commissioners	4/21/1998	5A	Adopted as amended				P
REPORT:	Commissioner Reboredo asked that the foregoing item be amended to provide that a bidder's performance on a previous contract, either as a prime or sub-contractor, be taken into account when evaluating bids and proposals on county contracts. Mr. Steve Spratt, Senior Special Assistant, indicated the administrative order to be developed in connection with this matter would establish criteria on how points would be applied to each bidder based on their past performance. Commissioner Morales asked that the materiality of defaults be considered when crafting the administrative order on this matter. Chairperson Margolis indicated that all bidders should have a separate file with the County and any problem or default that occurred with a particular bidder should be noted within that file. Commissioner Moss referred to the public's scrutiny of County Government, but noted the majority of the improprieties regarding county contracts were not committed by County employees, but by private sector individuals who contracted with the County. Commissioner Ferguson spoke on the potential for abuse if the foregoing item was to be adopted. Commissioner Morales asked that the County Manager review the evaluation committee process and submit recommendations that would provide objectivity, transparency and a greater sense of confidence and credibility to the selection process. Chairperson Margolis indicated that Broward County Commissioners were invited to sit-in on major selection committees. She suggested that staff contact the Broward County Manager regarding their selection process. Commissioner Moss expressed concern regarding commissioners being allowed to sit-in on the evaluation process and referred to the need for a commission committee system to review issues coming before the Board. Commissioner Carey asked that the County Manager speak with each commissioner regarding the selection process before making his recommendation regarding the evaluation committee. Commissioner Souto asked that the County Manager develop a method, either through Metro Television or other type of media, by which the public could be informed of all major bids and contracts solicited, received and awarded by the County. Commissioner Millan suggested that an ad hoc committee consisting of county commissioners and private sector representatives be created to monitor the functions of the selection committees. The Board by motion duly made, seconded and carried, adopted the foregoing ordinance, as amended to include the evaluation of bidder's past performance as either a prime or sub-contractor.

Legislative Text

TITLE
ORDINANCE REQUIRING A BIDDER'S OR PROPOSER'S PAST PERFORMANCE ON COUNTY CONTRACTS BE CONSIDERED IN THE SELECTION OF CONSULTANTS AND CONTRACTORS FOR FUTURE COUNTY CONTRACTS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, as follows:
Section 1. Section 2-8.1 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Sec. 2-8.1. Contracts and purchases generally.
* * *
>>(g) The County Manager shall include language

in the specifications for all county contracts providing that a bidder's or proposer's performance as a prime contractor or subcontractor on previous county contracts shall be taken into account in evaluating bids and proposals received for county contracts.<<

* * *

Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.

Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any Sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 4. This ordinance shall become effective ten (10) days after the date of enactment, unless vetoed by the Mayor within such 10 days of final adoption and the veto overridden by two-thirds vote of the Commissioners present at this Board's next regularly scheduled meeting after the veto occurs, and shall apply to all contracts advertised 120 days after such effective date.
Section 5. This ordinance does not contain a sunset provision.
1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.