Miami-Dade Legislative Item
File Number: 072188
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File Number: 072188 File Type: Resolution Status: Deferred by the Board
Version: 0 Reference: Control: Board of County Commissioners
File Name: DEVELOP AND IMPLEMENT DUE DILIGENCE PROGRAM Introduced: 7/12/2007
Requester: NONE Cost: Final Action:
Agenda Date: 10/2/2007 Agenda Item Number: 11A28
Notes: Title: RESOLUTION DIRECTING THE COUNTY MANAGER TO DEVELOP AND IMPLEMENT A DUE DILIGENCE PROGRAM TO ENSURE THAT BEFORE MIAMI-DADE COUNTY AWARDS A CONTRACT OR ENTERS INTO A BUSINESS TRANSACTION IT HAS PERFORMED THE NECESSARY AND APPROPRIATE INQUIRIES TO ALLOW THE COUNTY TO MAKE AN INFORMED DECISION
Indexes: CONTRACT
  DUE DILIGENCE
Sponsors: Audrey M. Edmonson, 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 10/2/2007 11A28 Deferred P

Budget and Finance Committee 9/11/2007 2C Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney McCarty read the foregoing proposed resolution into the record. It was moved by Commissioner Diaz that this proposed resolution be forwarded to the County Commission with a favorable recommendation. This motion was seconded by Commissioner Sosa. Commissioner Sosa asked Assistant County Manager Hudak to provide a report regarding the fiscal impact of conducting criminal background checks on every company that responded to Procurement items. She also asked that a report be provided regarding the time delay this proposed resolution would have on the Procurement process. Commissioner Sosa also asked that a report be provided regarding the impact of the proposed Due Diligence Program on the ability of local companies to qualify for County contracts, before this proposed resolution came before the County Commission. Assistant County Manager Hudak noted the County Administration had monitoring measures for County contracts. She explained that the County Administration had a variety of mechanisms it could impose when a contractor did not meet specific measures. Commissioner Diaz asked Assistant County Manager Hudak to apprise Commissioner Edmonson regarding the concerns raised by Committee members regarding this proposed resolution and to provide her with copies of the reports requested by Commissioner Sosa, before it was considered by the County Commission. Following further discussion, the Committee proceeded to vote.

County Attorney 7/12/2007 Referred Budget and Finance Committee 9/11/2007

County Attorney 7/12/2007 Assigned Daniel Frastai 7/12/2007

Legislative Text


TITLE
RESOLUTION DIRECTING THE COUNTY MANAGER TO DEVELOP AND IMPLEMENT A DUE DILIGENCE PROGRAM TO ENSURE THAT BEFORE MIAMI-DADE COUNTY AWARDS A CONTRACT OR ENTERS INTO A BUSINESS TRANSACTION IT HAS PERFORMED THE NECESSARY AND APPROPRIATE INQUIRIES TO ALLOW THE COUNTY TO MAKE AN INFORMED DECISION

BODY
WHEREAS, this Board desires that the County Manager develop and implement a due diligence program to ensure that a proper and sufficient inquiry is conducted before Miami-Dade County awards a contract or enters into a business transaction in order to be able to make an informed decision,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. This Board hereby directs the County Manager to develop a due diligence program to ensure that before Miami-Dade County awards a contract or enters into a business transaction it has performed the necessary inquiries and investigations to allow the County to make an informed decision. Depending on the specific contract or transaction at issue, the due diligence inquiry may include but is not limited to one or more of the following methods: a criminal background check of the contracting entity or person; an investigation as to whether or not the contracting entity or person is current in any of its obligations to the County; an investigation to determine whether there are any pending lawsuits filed on behalf of or against the contracting entity or person; an investigation into the history of any of prior lawsuits filed on behalf or against the contracting entity or person; an investigation to determine if the contracting entity or person has previously filed for any bankruptcies and the result of those filings; an investigation to evaluate the previous performance by the contracting entity or person with regards to any previous contracts with the County; review of information if any available from the Better Business Bureau on that contracting entity or person; and a search using internet databases and other available research tools that would render information about delinquencies, lawsuits, fines or any other information available to the public that may be of interest to the County prior to awarding a contract or entering into a specific transaction. The due diligence analysis should contain appropriate dollar thresholds, dates for implementation throughout all County departments, and a brief description of any and all costs associated with its implementation.
Section 2. The County Manager is directed to make a presentation to this Board describing the developed program ready for implementation within sixty days.



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