Miami-Dade Legislative Item
File Number: 112207
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File Number: 112207 File Type: Resolution Status: Adopted
Version: 0 Reference: R-1080-11 Control: Board of County Commissioners
File Name: BID REJECTION FOR HEAD START PROGRAM Introduced: 10/21/2011
Requester: Community Action and Human Services Cost: Final Action: 12/6/2011
Agenda Date: 12/6/2011 Agenda Item Number: 9A1
Notes: Title: RESOLUTION AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO REJECT PROPOSALS RECEIVED FOR THE REQUEST FOR QUALIFICATIONS FOR THE HEAD START SERVICES PROGRAM POOL AND WAIVING THE REQUIREMENTS OF SECTION 2-8.4 OF THE MIAMI-DADE COUNTY CODE, PERTAINING TO BID PROTESTS, BY A TWO-THIRD VOTE OF THE BOARD MEMBERS PRESENT RFQ NO. 760
Indexes: HEAD START PROGRAM
Sponsors: NONE
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 12/6/2011 9A1 Adopted P
REPORT: The foregoing proposed resolution was adopted with instruction to the County Administration that the Request for Proposals (RFP) be resubmitted to the County Commission before it was advertised.

Economic Development & Social Services Committee 11/9/2011 3A Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Terrence Smith read the foregoing proposed resolution into the record. There being no questions or comments, the Committee proceeded to vote.

County Attorney 11/3/2011 Assigned Estephanie S. Resnik 11/3/2011

County Mayor 11/3/2011 Assigned County Attorney 12/6/2011
REPORT: Revised CAHS - EDSS 11/9/2011 - Attachment: Exhibit 1

County Mayor 11/2/2011 Assigned Russell Benford 11/3/2011
REPORT: Returned for edits.

County Attorney 11/2/2011 Referred County Mayor 11/2/2011
REPORT: Returned item to Agenda Coordinator for changes.

County Attorney 10/31/2011 Assigned Estephanie S. Resnik 11/2/2011

County Mayor 10/21/2011 Assigned County Attorney 12/6/2011
REPORT: Community Action & Human Services - pending cmte - Attachment: Exhibit 1

County Mayor 10/21/2011 Assigned Russell Benford 10/21/2011

Legislative Text


TITLE
RESOLUTION AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO REJECT PROPOSALS RECEIVED FOR THE REQUEST FOR QUALIFICATIONS FOR THE HEAD START SERVICES PROGRAM POOL AND WAIVING THE REQUIREMENTS OF SECTION 2-8.4 OF THE MIAMI-DADE COUNTY CODE, PERTAINING TO BID PROTESTS, BY A TWO-THIRD VOTE OF THE BOARD MEMBERS PRESENT RFQ NO. 760

BODY
WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board approves the rejection of proposals received for Request for Qualifications No. 760 for the Head Start Program Services Pool and furthermore, this Board waives procedures contained in Section 2-8.4 of the Miami-Dade County Code, pertaining to bid protests, by a two-third (2/3) vote of the Board members present.

HEADER
Date:

To: Honorable Chairman Joe A. Martinez
and Members, Board of County Commissioners

From: Carlos A. Gimenez
Mayor

Subject: Recommendation to Reject Proposals Received for Head Start Program Services Pool and Waive Bid Protest Procedures

STAFF RECOMMENDATION
RECOMMENDATION
It is recommended that the Board of County Commissioners (BCC) approve the rejection of all proposals received for the Head Start Program Services Pool for the Community Action & Human Services Department. It is further recommended that the Board approve the waiver of bid protest procedures contained in Section 2-8.4 of the Miami-Dade County Code, by a two-third (2/3) vote of the Board Members present.

RFQ NUMBER: 760

RFQ TITLE: Head Start Program Services Pool

TERM: Three years with two, three-year options-to-renew


APPROVAL TO ADVERTISE: February 1, 2011

METHOD OF AWARD: To pre-qualify responsive and responsible proposers for participation in a pool. Vendors in the pool would receive assignments based on the target geographic area(s) served and the services provided (Head Start and/or Early Head Start).

PREVIOUS CONTRACT
AMOUNT: $27.6 Million for Program Year 2010-2011 for currently delegated slots.

CONTRACT AMOUNT: $81.6 Million estimated for initial three Program years, depending upon federal funding, which is awarded on a yearly basis.

REASON FOR REJECTION:
The County issued a Request for Qualifications (RFQ) to solicit qualifications to establish a Head Start Program Services Pool for the period commencing August 1, 2011 and ending July 31, 2012 for slots managed by delegate agencies. The selected pool members would provide Head Start services as defined by the U.S. Department of Health and Human Services (DHHS), and Miami-Dade County rules and guidelines. Approximately 4,000 children and their families are served by delegate agencies.
Nineteen proposals were received. While the Evaluation/Selection Committee evaluated the proposals, site visits were conducted at the proposed facilities for all responsive proposals. The site visits included verification of physical location, measuring of the square footage for the classrooms, and review of safety conditions. The Community Action & Human Services and Internal Services Department staff completed the site visits for consideration in the Committee’s recommendation. The proposals were evaluated, rated and ranked by the Committee. The County held negotiations with the 15 recommended firms. The procurement process was on target for an award recommendation to be presented for approval. During the negotiations phase, multiple firms raised concerns regarding the County’s measurements of the proposed child care facilities to determine the maximum number of children that could be served, in accordance with DHHS guidelines. Head Start Program Performance Standard 1304.53(a)(5) mandates that centers have at least 35 square feet of usable indoor space per child available for the care and use of the children, exclusive of bathrooms, halls, kitchen, staff rooms, and storages places. The firms also raised concerns about the amount of funding per child that the County was able to offer. These issues were reviewed and appropriately considered.

The pool was to be awarded by the BCC in order for the Community Action & Human Services Department to prepare and submit their Head Start Program Grant Funding Application by May 1, 2011 to DHHS. The Head Start Program operates on a policy of shared governance between the Board of County Commissioners and the Head Start Program Policy Council. DHHS requires the concurrence of the Policy Council and Governing Body, and affords an appeals process prior to the selection of delegate agencies for the Head Start Program. The Community Action Agency Board is an advisory board to the BCC under the County structure, which advises the Board on the Head Start Program. Under the procedures outlined in 45 CFR 1303.20, the federal government makes the final determination on award recommendations, and its decision is binding. The appeals process for any disagreement would have to be completed prior to making a contract award. It was determined that the exhaustion of the appeals process and the concurrence of the Boards and Council for an award would require additional time. The Board approved the submission of a refunding application to secure Head Start Program funding for Program Year 2011-2012 by authorizing an extension of the existing delegate agency contracts for one additional year.

A new expanded scope of services and process for review and evaluation of applications is being developed by the Community Action & Human Services Department for delegation of all slots, in accordance with Resolution No. R-591-11, as approved by the Board on July 14, 2011. On September 22, 2011, at the second Budget Meeting, the Board “committed to implement a plan that will ensure that the number of children served by Head Start remains the same for this school year with no additional general fund subsidy for FY2011-12 beyond the required match already included in the budget. Any position adjustments necessary to maintain slots until full delegation will be made. This process will require employee salary concessions for the FY 2011-12, which we anticipate will be negotiated as a separate MOU. Additionally, a plan to delegate County-operated slots will be reported to the Board as noted in resolution R-591-11. Staff will communicate this process, by October 2011, directly to the Department of Health and Human Services as we prepare for the FY 2012-13 school year.” Please see attached September 22, 2011 Second Budget Hearing changes memorandum Exhibit 1. It is therefore recommended that all proposals be rejected. A waiver of the bid protest procedures is also recommended to avoid a delay in rejecting this item, as there is no value to a proposer to request a review of a competitive process resulting in a rejection related to a Board decision to restructure the Head Start Program.

USING/MANAGING AGENCY
AND FUNDING SOURCE:

Department Allocation Funding Source Contract Manager

Community Action and U.S. Department of Health
Human Services Department $ 81,600,000 and Human Services Federal Jane McQueen
Grant Funds

Total $ 81,600,000

PROCUREMENT CONTRACTING
OFFICER: Maria Carballeira

VENDORS RECOMMENDED
FOR AWARD: None

VENDORS NOT
RECOMMENDED FOR AWARD
AS A RESULT OF THIS PROCESS:

Allapattah Community Action, Inc.
Catholic Charities of the Archdiocese of Miami, Inc.
Centro Mater Child Care Services, Inc.
Chinto Martial Arts, Inc.
Easter Seals South Florida, Inc.
Friends of Lubaviteh of FL, Inc. dba Landow Yeshiva
Haitian Youth & Community Center
Homestead Christian Academy
KIDCO Child Care, Inc.
Le Jardin Community Center, Inc.
Lincoln-Marti Community Agency, Inc.
Llirraf'O, Inc. dba O’Farrill Learning Center
One World Learning Center, Inc.
Our Child Care, Inc. dba Our Little Ones
Paradise Christian School and Development Center, Inc.
St. Alban’s Day Nursery, Inc.
The Family Christian Association of America, Inc.
United Way of Miami-Dade
YWCA of Greater Miami-Dade, Inc.

CONTRACT MEASURES: No measures due to federal funding.

LIVING WAGE: The services being provided are not covered under the Living Wage Ordinance.

USER ACCESS PROGRAM: This contract does not include the 2% User Access Program provision. Federal funds are being used; the User Access Program provision does not apply.

LOCAL PREFERENCE: The Local Preference was not applicable.




Attachment




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Deputy Mayor



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