Miami-Dade Legislative Item
File Number: 032607
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File Number: 032607 File Type: Resolution Status: Adopted
Version: 0 Reference: R-377-04 Control: Budget and Finance Committee
File Name: CONTRACT EFFECTIVE DATE Introduced: 9/22/2003
Requester: NONE Cost: Final Action: 3/18/2004
Agenda Date: 3/16/2004 Agenda Item Number: 10A8
Notes: Title: RESOLUTION DIRECTING COUNTY MANAGER TO INCLUDE IN ANY PROPOSED RESOLUTION OR OTHER REQUEST SUBMITTED TO THE COUNTY COMMISSION FOR APPROVAL OF A CONTRACT, LANGUAGE PROVIDING THAT THE RESOLUTION AND CONTRACT SHALL NOT BECOME EFFECTIVE UNTIL THE TIME FOR MAKING A MOTION TO RECONSIDER HAS EXPIRED AND, IF RECONSIDERED, SHALL BECOME EFFECTIVE ONLY UPON SUBSEQUENT APPROVAL OF THE COMMISSION; PROVIDING TIME LIMITATION; DIRECTING THE COUNTY MANAGER TO INCLUDE LANGUAGE IN CONTRACT SPECIFICATIONS TO LIKE EFFECT; AND PROVIDING A WAIVER
Indexes: CONTRACTS
Sponsors: Jose "Pepe" Diaz, 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

Board of County Commissioners 3/18/2004 10A8 Adopted P
REPORT: Commissioner Rolle asked for clarification on the intent of the proposed foregoing resolution. Commissioner Diaz stated his intent of the foregoing proposed resolution. Vice-Chairperson Sorenson noted the County Manager had the discretion to waive the requirement of this resolution if he deemed it to be in the County’s best interest. Hearing no further discussion, the Board proceeded to vote on the foregoing proposed resolution as moved by Commissioner Diaz.

Board of County Commissioners 3/16/2004 10A8 Carried over 3/18/2004

Budget and Finance Committee 2/12/2004 2B Forwarded to BCC with a favorable recommendation P

County Attorney 1/15/2004 Assigned Budget and Finance Committee 2/12/2004

Budget and Finance Committee 1/15/2004 2D Deferred to next committee meeting P
REPORT: Assistant County Attorney Gerald Sanchez read the resolution into the record. Commissioner Morales noted thatthe sponsor of the foregoing resolution, Commissioner Diaz, was not able to attend today's meeting. Commissioner Sosa expressed that Commissioner Diaz should have a chance to defend the foregoing proposed resolution. Chairperson Morales asked Assistant County Attorney Sanchez whether deferral of the resolution would kill it. Attorney Sanchez responded that the Budget and Finance Committee could defer it.

Budget and Finance Committee 12/11/2003 2A Deferred to next committee meeting due to lack of a quorum 1/15/2004
REPORT: The foregoing item was deferred to the next Budget and Finance Committee scheduled for January 15, 2004 at 9:30 a.m. due to lack of a quorum. (See report under Agenda Item 1C).

Budget and Finance Committee 11/13/2003 2B Deferred to next committee meeting due to lack of a quorum

Procurement Management Policy Subcommittee 11/7/2003 2A Forwarded Budget and Finance Committee 11/13/2003 P
REPORT: Assistant County Attorney Jeffrey Erlich read the foregoing proposed resolution into the record. In response to Chairperson Sosa, Mr. Erlich stated that the Subcommittee could forward this proposed resolution and any amendments, to the Budget and Finance Committee. Chairperson Sosa stated that delays on contracts should run concurrent with the Mayor’s ten-day veto period. Following discussion among members of the Subcommittee and staff, the Subcommittee proceeded to vote on the foregoing resolution as presented. The foregoing proposed resolution was forwarded without a recommendation to the Budget and Finance Committee for consideration at its next meeting scheduled for November 13, 2003.

County Manager 10/30/2003 Referred Procurement Management Policy Subcommittee 11/7/2003

County Attorney 10/21/2003 Assigned Budget and Finance Committee 11/13/2003

Budget and Finance Committee 10/16/2003 2A Deferred to next committee meeting P

County Attorney 9/22/2003 Assigned Budget and Finance Committee 10/16/2003

County Attorney 9/22/2003 Assigned R. A. Cuevas, Jr. 9/22/2003

Legislative Text


TITLE
RESOLUTION DIRECTING COUNTY MANAGER TO INCLUDE IN ANY PROPOSED RESOLUTION OR OTHER REQUEST SUBMITTED TO THE COUNTY COMMISSION FOR APPROVAL OF A CONTRACT, LANGUAGE PROVIDING THAT THE RESOLUTION AND CONTRACT SHALL NOT BECOME EFFECTIVE UNTIL THE TIME FOR MAKING A MOTION TO RECONSIDER HAS EXPIRED AND, IF RECONSIDERED, SHALL BECOME EFFECTIVE ONLY UPON SUBSEQUENT APPROVAL OF THE COMMISSION; PROVIDING TIME LIMITATION; DIRECTING THE COUNTY MANAGER TO INCLUDE LANGUAGE IN CONTRACT SPECIFICATIONS TO LIKE EFFECT; AND PROVIDING A WAIVER

BODY
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. The County Manager shall be and is hereby directed to include language in any proposed resolution or other request submitted to the County Commission for approval of a contract and for authority to execute a contract on the County's behalf, expressly providing that the resolution and contract shall not become effective until the time for making a motion to reconsider such approval has expired and, if reconsidered, shall become effective only upon subsequent approval of the County Commission.
Section 2. Such proposed resolution or other request shall also contain language providing that the effective date shall be not later than sixty (60) days following Commission adoption of the resolution, notwithstanding the allowance for reconsideration set forth above.
Section 3. The County Manager is directed to include in contract specifications the language required to give effect to this resolution.
Section 4. The County Manager may recommend that the requirements of this resolution be waived for a specific contract when the Manager deems it to be in the best interests of the County.



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