Miami-Dade Legislative Item
File Number: 111200
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File Number: 111200 File Type: Resolution Status: In Committee
Version: 0 Reference: Control: Economic Development & Social Services Committee
File Name: FEASIBILITY REPORT FOR PROPOSAL ON RACE & GENDER BASED PROG. Introduced: 5/27/2011
Requester: NONE Cost: Final Action:
Agenda Date: Agenda Item Number: 11A
Notes: SEE AMENDED #111419 Title: RESOLUTION DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO PREPARE A FEASIBILITY REPORT IN PREPARATION FOR A PROPOSAL TO ENACT RACE, ETHNIC AND GENDER BASED PROGRAMS TO REDRESS IDENTIFIED DISCRIMINATION
Indexes: FEASIBILITY STUDY
  REPORT
Sponsors: Audrey M. Edmonson, Prime Sponsor
  Barbara J. Jordan, Co-Sponsor
  Jean Monestime, Co-Sponsor
  Dennis C. Moss, 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

Economic Development & Social Services Committee 6/15/2011 2A Amended
REPORT: See Agenda Item 2A Amended (Legislative File No. 111419).

County Attorney 5/27/2011 Referred Economic Development & Social Services Committee 6/15/2011

County Attorney 5/27/2011 Assigned Hugo Benitez 5/27/2011

Legislative Text


TITLE
RESOLUTION DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO PREPARE A FEASIBILITY REPORT IN PREPARATION FOR A PROPOSAL TO ENACT RACE, ETHNIC AND GENDER BASED PROGRAMS TO REDRESS IDENTIFIED DISCRIMINATION

BODY
WHEREAS, this Board wishes to assure that all segments of the County have a full, fair and meaningful opportunity to participate in County contracting regardless of race, gender or ethnic origin; and
WHEREAS, in furtherance of that policy, on June 19, 2001 this Board adopted Resolution R-730-01, directing the County Manager to engage a consultant to evaluate the County’s data in support of a disparity study of Black, Hispanic and Women owned business participation in County contracting, and
WHEREAS, pursuant to that resolution, the County engaged the services of MGT of America, Inc., a national public sector management research firm (“MGT”) to conduct an evaluation of the County data that could be used in support of disparity research, and
WHEREAS, on March 4, 2005, MGT issued a final report evaluating the County data (the “Report”), concluding based on a sampling of County departments that there was no uniformity among County departments in the gathering of relevant data and severe limitations in data and record keeping, and that as a result no reliable or accessible data existed that would permit a reliable analysis which would support a disparity study (a description of the data limitations specifically identified in the Report appear as Exhibit 1 to this Resolution, hereinafter the “Limitations”); and
WHEREAS, the Report made specific recommendations to improve the availability and retrieval of data for purposes of supporting a disparity study, which appear as Exhibit 2 to this Resolution (the “Recommendations”); and
WHEREAS, on June 30, 2009, this Board adopted Resolution R-869-09 directing that the County Mayor or County Mayor’s designee collect data on the race and gender of County contractors and their employees for purposes of supporting a disparity study; and
WHEREAS, under applicable law, a disparity study is the first step to determine whether or not, and to what extent, programs to remedy racial, ethnic or gender discrimination will withstand judicial scrutiny,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Consistent with this Board’s policy that all segments of the County have a full, fair, and meaningful opportunity to participate in County contracts regardless of race, gender and ethnicity, and to prevent public dollars being spent to promote any identifiable discriminatory practice, this Board wishes to explore the enactment of race, gender and ethnic based programs to remedy such discrimination.
Section 2. This Board is mindful that a lawful enactment of these programs must be supported by a strong basis in evidence that remedial measures are necessary. The Board is also mindful that those programs must be narrowly tailored to meet the legitimate purposes or redressing discrimination. The Board is further mindful that the Report identified certain deficiencies in the manner in which the County gathered and stored the data necessary to support those programs, and that the correction of those deficiencies may be extraordinarily time consuming and costly.
Section 3. The County Mayor or Mayor’s designee is hereby directed to make a report to this Board, within ninety (90) days of this resolution, with respect to the need, feasibility, and cost of such enactment (the “Feasibility Report”) which will at a minimum contain the following:
(a) A description of any and all steps that have been taken by the County administration to address the Limitations of the data relating to County contracting practices identified in the Report. For all Limitations that have not been corrected to date, a plan of action to correct such Limitations. Where the correction of a Limitation involves the expenditure of County funds, an estimate of the cost involved in correcting such Limitation.
(b) A description of any and all steps that have been taken by the County administration to implement the Recommendations made in the Report. For all the Recommendations that have not been implemented, a plan of action to implement those Recommendations. Where the adoption of a Recommendation involves the expenditure of County funds, an estimate of the cost involved in adopting the Recommendation.
(c) A description of all race neutral contracting, education and outreach programs that have been adopted by the County in the recent past, and an evaluation of the participation and measurable results of those programs, including but not limited to the County’s SBE, CSBE and CBE programs.
(d) Recommendations for areas of contracting, or particular departments, for analysis and study, where the data would be more readily accessible and usable, including an analysis of the nature and quality of the data available for study, the suspected presence of disparity in contracting in that particular segment, and the cost and time effectiveness of researching that contracting segment.
(e) An estimate of costs of the disparity study with appropriate assumptions and identification of any outside consultant service deemed necessary to accomplish the intent of this resolution;
(f) Recommendations for the adoption of any further legislative measure necessary or appropriate to accomplish the intent of this resolution.



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