Legislative Matter

Miami-Dade Legislative Item
File Number: 073477

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Clerk's Official Copy

File Number: 073477

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-64-08

Control: Board of County Commissioners

File Name: CREATE REQUIREMENTS FOR AGREEMENTS WITH NOT FOR PROFITS

Introduced: 11/27/2007

Requester: NONE

Cost:

Final Action: 1/10/2008

Agenda Date: 1/10/2008

Agenda Item Number: 11A22

Notes:

Title:

RESOLUTION DIRECTING THE COUNTY MANAGER TO CREATE INDEMNITY AND INSURANCE REQUIREMENTS FOR AGREEMENTS WITH NOT-FOR-PROFIT ENTITIES; DEVELOP AND IMPLEMENT A STANDARDIZED PROCESS FOR CONDUCTING DUE DILIGENCE OF NOT-FOR-PROFIT ENTITIES AND THEIR PRINCIPALS; AND SUBMIT A PROPOSED IMPLEMENTING ORDER

Indexes:	INSURANCE
	DUE DILIGENCE
	NOT-FOR-PROFIT

Sponsors:

Sally A. Heyman, 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	1/10/2008	11A22	Adopted				P
REPORT:	Commissioner Heyman clarified the intent of this resolution was pertained to agreements with not-for-profit entities in an amount of $250,000 and above. There being no further questions or comments, the Board proceeded to vote.

Budget and Finance Committee	12/11/2007	2I	Forwarded to BCC with a favorable recommendation				P
REPORT:	Assistant County Attorney Jess McCarty read the foregoing proposed resolution into the record. It was moved by Commissioner Sorenson that this proposed resolution be forwarded to the County Commission with a favorable recommendation. This motion was seconded by Commissioner Gimenez. Pursuant to Chairman Martinez’s request for an explanation of the second WHEREAS clause, Assistant County Attorney Oren Rosenthal advised this clause would create standard indemnity insurance language, approved by the County Commission, that would be included in contracts with not-for-profit entities; and that the language would provide what level of insurance the County wanted the not-for-profit entities to have and the indemnities the not-for-profit organizations would offer the County if they failed to fulfill a portion of the contract. He noted the not-for-profit organization would be required to notify the County Commission of failure to fulfill a portion of the contract. Hearing no other questions or comments, the Committee proceeded to vote.

County Attorney	11/27/2007		Assigned	Oren Rosenthal		11/27/2007

County Attorney	11/27/2007		Assigned	Budget and Finance Committee	12/11/2007

Legislative Text

TITLE
RESOLUTION DIRECTING THE COUNTY MANAGER TO CREATE INDEMNITY AND INSURANCE REQUIREMENTS FOR AGREEMENTS WITH NOT-FOR-PROFIT ENTITIES; DEVELOP AND IMPLEMENT A STANDARDIZED PROCESS FOR CONDUCTING DUE DILIGENCE OF NOT-FOR-PROFIT ENTITIES AND THEIR PRINCIPALS; AND SUBMIT A PROPOSED IMPLEMENTING ORDER

BODY
WHEREAS, Miami-Dade County currently enters into agreements with Not-For-Profit Entities exempt from federal income taxes under Section 501(c)(3) of the Internal Revenue Code ("Not-For-Profit Entities") to perform work consistent with their tax-exempt status; and
WHEREAS, the creation of standardized indemnity and insurance language for agreements with Not-For-Profit Entities will provide certainty to the County and the Not-For-Profit Entity regarding the risks associated with the agreement; and
WHEREAS, the creation of a standardized process for conducting pre-agreement, due diligence reviews of Not-For-Profit Entities and their principals will provide the Commission with the necessary information to evaluate any proposed agreement,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that;
Section 1. This Board directs the County Manager, with the assistance of the County Attorney's Office, to create standard indemnity and insurance requirements for all agreements between the County and Not-For-Profit Entities which involve the expenditure of more than two hundred and fifty thousand dollars ($250,000) of County funds.
Section 2. This Board directs the County Manager to create a due diligence review process for evaluating the responsibility of Not-For-Profit Entities and their principals.
Section 3. This Board directs the County Manager, within ninety (90) days, to submit a proposed Implementing Order to the Board of County Commissioners incorporating the insurance and indemnity requirements identified in Section 1 and the due diligence review process identified in Section 2 of this resolution. Such Implementing Order shall also require the County Manager to clearly identify any departure from the created procedures in seeking Board approval of an agreement with a Not-For-Profit Entity.