Miami-Dade Legislative Item
File Number: 100143
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File Number: 100143 File Type: Resolution Status: Before the Board
Version: 0 Reference: Control: Budget, Planning and Sustainability Committee
File Name: RESCINDING AO#3-34 PERFORMANCE OF SELECTION COMMITTEES Introduced: 1/25/2010
Requester: NONE Cost: Final Action:
Agenda Date: Agenda Item Number: 11A
Notes: SEE AMENDMENT 100742 X100117 & SUB Title: RESOLUTION RESCINDING ADMINISTRATIVE ORDER 3-34, FORMATION AND PERFORMANCE OF SELECTION COMMITTEES, AND APPROVING IMPLEMENTING ORDER ________ TO PROVIDE DIRECTION TO THE COUNTY MAYOR OR HIS DESIGNEE REGARDING THE FORMATION AND PERFORMANCE OF SELECTION COMMITTEES [SEE ORIGINAL ITEM UNDER FILE NO. 093223](SEE AGENDA ITEM NOS. 1G1 AND 1G1 SUBSTITUTE)
Indexes: SELECTION COMMITTEE
Sponsors: Joe A. Martinez, Prime Sponsor
  Sally A. Heyman, Co-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

Budget, Planning and Sustainability Committee 3/9/2010 2D Amended
REPORT: See Report Under Agenda Item 2D Amended, Legislative File No. 100742.

County Attorney 2/2/2010 Referred Budget, Planning and Sustainability Committee 3/9/2010

Board of County Commissioners 2/2/2010 11A4 Remanded P
REPORT: Commissioner Martinez recalled that when the foregoing resolution was presented before the Budget, Planning and Sustainability Committee (BPSC), it was passed with the caveat that he would withdraw the item if it did not bring the desired results. He commented that because the Administration had not met with each commissioner, Commissioner Sosa unintentionally took ownership of an item he was working on. He requested the foregoing resolution be remanded back to the BPSC. Commissioner Sosa explained her position regarding the foregoing resolution and noted, for the record, that at no point did she have prior knowledge that another commissioner was working on this issue. Commissioner Sosa pointed out that who sponsored the item was unimportant and recommended that she and Commissioner Martinez co-sponsor this legislation. Commissioner Gimenez noted he needed clarification on why this legislation was created as both, ordinance and resolution. There being no further questions or comments, the Board voted to remand the foregoing proposed resolution to the Budget, Planning and Sustainability Committee.

County Attorney 1/25/2010 Assigned Oren Rosenthal 1/25/2010

Budget, Planning and Sustainability Committee 1/12/2010 2F AMENDED Forwarded to BCC with a favorable recommendation with committee amendment(s) P
REPORT: Assistant County Attorney Jess McCarty read the foregoing proposed resolution into the record. Commissioner Martinez noted one person on a selection committee could skew the process to enable a specific vendor to be recommended for a County contract. He explained that this proposed resolution would add two people to a selection committee, and the highest and lowest total scores would not be used to compute the final score for each vendor. Commissioner Heyman concurred regarding the ability of one person to skew the result of a selection committee. She suggested this proposed resolution require that selection committee membership be an odd number. Commissioner Heyman asked that she be listed as a co-sponsor. Commissioner Gimenez pointed out that one person could skew the result of a selection committee without using extremely high or low scores. He clarified that the difference in one person’s scores would be enough to make one vendor first and second place. Commissioner Edmonson spoke in support of requiring that all selection committees have seven members. Commissioner Jordan noted skewed results for a selection committee were rare and could be addressed on a case-by-case basis. She pointed out that this proposed resolution could have the unintended consequence of adding people to the selection committee who were unfamiliar with the process. Assistant County Manager Alina Hudak noted the County Administration shared Commissioner Jordan’s concern that this proposed resolution could result in selection committees that were too large to ensure that all selection committee members had the technical expertise necessary to fairly judge the bids and proposals. She pointed out that this proposed resolution could have the unintended consequence of the County awarding contracts to vendors that were not the most qualified. Mr. Johnny Martinez, Director, Office of Capital Improvements (OCI), noted the County Administration and the private sector shared Commissioner Martinez’s interest in preventing skewed results from a selection committee. He explained that he had prepared a scoring system that would come before the County Commission in February 2010 as an ordinance for first reading. Mr. Martinez clarified that his scoring system would use an ordinal scoring system. He noted the private sector supported the use of the ordinal system. Commissioner Gimenez noted he preferred the ordinal system, however, he would support either proposal. He pointed out that no system would be perfect. Ms. Miriam Singer, Director, Department of Procurement Management, requested the Committee provide the County Administration flexibility based on the size and scope of the contract. She noted the outcome of the peer process would be impacted by eliminating the high and low scores. Ms. Singer expressed concern regarding the impact that this proposed resolution would have on the County awarding contracts to small businesses and local businesses. Commissioner Martinez amended this proposed resolution to delete the following language on handwritten page 6: “All selection committees shall consist of five (5) voting members” and add a provision that would add two (2) voting members to selection committees after the County Mayor or his designee identified the number of people on the selection committees. Commissioner Martinez asked Assistant County Attorney Alina Hudak, the Office of Capital Improvements Director, and the Department of Procurement Management Director to meet with him to discuss possible amendments to this proposed resolution before it was submitted for consideration by the County Commission. Commissioner Jordan explained that the County Mayor or his designee could overrule the selection committee to provide the ability to overrule a contract recommendation that was impacted by skewed voting by selection committee members. Assistant County Manager Hudak noted the selection committee could not impact the Request for Proposals (RFP) document; it was written before the selection committee was convened. Hearing no other questions or comments, the Committee proceeded to vote on this proposed resolution as amended to delete the following language on handwritten page 6: “All selection committees shall consist of five (5) voting members” and add a provision that would add two (2) voting members to selection committees after the County Mayor or his designee identified the number of people on the selection committees.

Legislative Text


TITLE
RESOLUTION RESCINDING ADMINISTRATIVE ORDER 3-34, FORMATION AND PERFORMANCE OF SELECTION COMMITTEES, AND APPROVING IMPLEMENTING ORDER ________ TO PROVIDE DIRECTION TO THE COUNTY MAYOR OR HIS DESIGNEE REGARDING THE FORMATION AND PERFORMANCE OF SELECTION COMMITTEES

BODY
WHEREAS, Miami-Dade County utilizes selection committees in its competitive procurement processes to evaluate and rank proposers and provide recommendations to the County Mayor or his designee; and
WHEREAS, in furtherance of that policy, this Board had previously approved Administrative Order 3-34 establishing directions to the County Mayor or his/her designee for the formation and performance of selection committees; and
WHEREAS, this Board desires to include a requirement that all selection committees be composed of five voting members; and
WHEREAS, this Board desires to also require that for solicitations where numerical points are assigned by the selection committee members the highest and lowest scores of those five selection committee members shall be excluded from the final tabulation for each proposer; and
WHEREAS, this Board desires to rescind Administrative Order 3-34 and enact an implementing order to re-establish the provisions of Administrative Order 3-34 and add the additional requirements set forth above,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board hereby rescinds Administrative Order 3-34, Formation and Performance of Selection Committees, and approves the Implementing Order [ ] in substantially the form attached hereto and incorporated herein, and authorizes the County Mayor or his/her designee to exercise any and all rights conferred therein.



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