Legislative Matter

Miami-Dade Legislative Item
File Number: 091848

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Clerk's Official Copy

File Number: 091848

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-869-09

Control: Board of County Commissioners

File Name: COLLECT DATA ON THE RACE AND GENDER

Introduced: 6/15/2009

Requester: NONE

Cost:

Final Action: 6/30/2009

Agenda Date: 6/30/2009

Agenda Item Number: 11A12

Notes:

Title:

RESOLUTION DIRECTING COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO COLLECT DATA ON THE RACE AND GENDER OF COUNTY CONTRACTORS AND THEIR EMPLOYEES AND REPORT THE FINDINGS TO THE BOARD [SEE ORIGINAL ITEM UNDER FILE NO. 091606]

Indexes:

CONTRACTOR RESPONSIBILITY

Sponsors:

Barbara J. Jordan, 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	6/30/2009	11A12	Adopted				P

County Attorney	6/16/2009		Assigned	Oren Rosenthal	6/16/2009

Housing & Community Development Committee	6/10/2009	2A Amended	Forwarded to BCC with a favorable recommendation with committee amendment(s)				P
REPORT:	Assistant County Attorney Cynthia Johnson-Stacks asked that the amended proposed resolution be read into the record. Assistant County Attorney Oren Rosenthal read the foregoing amended proposed resolution and requested to change the following language on handwritten page 3, in the 4th line, deleting the words…”and their employees”. He also read the request to change the language on handwritten page four 4, in paragraph 2, in the 4th line deleting the words…“and employees”. He requested that after the words “those contractors”, to add the words “through the department of procurement management and the tax collector’s office”, and in the 6th line of that same paragraph, to delete the words…”and their employees”. Commissioner Martinez suggested the reference to employees not be deleted, noting information regarding employees were useful in responding to the needs of the community. Commissioner Jordan agreed with Commissioner Martinez that the language “and their employees” should not be deleted. Assistant County Attorney Oren Rosenthal noted this item was amended to incorporate only the proposed added language. In response to Commissioner Sorenson’s question regarding the consequences and how this data would be used, Mr. Rosenthal noted the intent of the language was for informational purposes only. After hearing no further questions or comments, the Committee proceeded to vote.

Legislative Text

TITLE
RESOLUTION DIRECTING COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO COLLECT DATA ON THE RACE AND GENDER OF COUNTY CONTRACTORS AND THEIR EMPLOYEES AND REPORT THE FINDINGS TO THE BOARD

BODY
WHEREAS, the Miami-Dade County is a multi-ethnic community; and
WHEREAS, the County is an important economic engine in the growth and development of Miami-Dade County; and
WHEREAS, the County wishes to continue to ensure equal opportunity to be awarded County contracts for all members of the community; and
WHEREAS, the Board of Count Commissioners desires to obtain information to evaluate the continued equality of opportunity in County contracting and to ensure that no improper disparity exists in the award of County contracts; and
WHEREAS, the collection of race and gender data regarding County contractors will provide the Board of County Commissioners with information on whether corrective legislation is necessary to address any improper disparity in County contracting and how best to target that legislation; and
WHEREAS, federal courts reviewing legislation addressing improper disparity in government contracting look at data collected to assess the Constitutionality of such legislation; and
WHEREAS, the County�s failure to collect this information at the time of contracting presented a significant obstacle and an extraordinary cost in the County�s prior defense of its race and gender based contracting programs,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that the County Mayor or County Mayor�s designee is directed to collect race and gender data regarding County contractors including the ownership and employees of those contractors >>through the Department of Procurement Management and the Tax Collector�s Office<<1 and provide to the Board of County Commissioners, on a biannual basis, detailed reports on the race and gender of entities contracting with the County and their employees.

1 Committee amendments are indicated as follows: words stricken through and/or [[double bracketed]] shall be deleted, words underscored and/or >>double arrowed<< constitute the amendment proposed.