Legislative Matter

Miami-Dade Legislative Item
File Number: 120287

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Clerk's Official Copy

File Number: 120287

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-187-12

Control: Board of County Commissioners

File Name: INCLUDE DUE DILIGENCE INFO MAYOR'S MEMO FOR CONTRACT AWARDS

Introduced: 2/10/2012

Requester: NONE

Cost:

Final Action: 2/21/2012

Agenda Date: 2/21/2012

Agenda Item Number: 14A4

Notes:

Title:

RESOLUTION DIRECTING THE COUNTY MAYOR TO INCLUDE DUE DILIGENCE INFORMATION IN MEMORANDA RECOMMENDING CERTAIN CONTRACT AWARDS

Indexes:

CONTRACT AWARD

Sponsors:	Jean Monestime, Prime Sponsor
	Audrey M. Edmonson, 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

Board of County Commissioners	2/21/2012	14A4	Adopted				P

County Mayor	2/15/2012		Additions		2/21/2012

Internal Mgmt. & Fiscal Responsibility Committee	2/14/2012	2O	Forwarded to BCC with a favorable recommendation				P
REPORT:	Assistant County Attorney Oren Rosenthal read the foregoing proposed resolution into the record. It was moved by Commissioner Diaz that the foregoing proposed resolution be forwarded to the County Commission with a favorable recommendation. This motion was seconded by Commissioner Edmonson. Commissioner Monestime noted the proposed resolution would provide the County Commission with sufficient information about the people and companies being recommended for contract or grant approval. He said information was recently revealed by a local newspaper that the Commission was unaware of when they considered an Item and this proposal would ensure that a similar situation would not happen in the future. Chairwoman Bell concurred over the need to perform as much due diligence as possible and proceeded to inquire about the procedures that would be implemented to comply with this proposal. Assistant County Attorney Benitez responded that the Item asked to describe whatever level due diligence that was performed. Commissioner Diaz spoke in support of the foregoing proposed resolution. He noted the issue was over the method used by Administration to conduct the information gathering process. Commissioner Edmonson also spoke in support of this proposal, noting having Administration look into companies wanting to do business with the County would help achieve a greater level of transparency. Commissioner Edmonson asked to be listed as a co-sponsor to this proposed resolution. Commissioner Jordan noted she also supported the Item; however, cautioned that the news media and business competition would uncover additional information, despite the County’s due diligence efforts. She said that there was not enough staff time to check out every detail about a company and its principals. Hearing no further questions or comments, the Committee proceeded to vote on the foregoing proposed resolution as presented.

County Attorney	2/10/2012		Referred	Internal Mgmt. & Fiscal Responsibility Committee	2/14/2012

County Attorney	2/10/2012		Assigned	Hugo Benitez

Legislative Text

TITLE
RESOLUTION DIRECTING THE COUNTY MAYOR TO INCLUDE DUE DILIGENCE INFORMATION IN MEMORANDA RECOMMENDING CERTAIN CONTRACT AWARDS

BODY
WHEREAS in the exercise of its functions, Miami-Dade County awards a large number of contracts including the purchase of goods and services, professional services, construction and grants; and
WHEREAS it is the policy of Miami-Dade County to safeguard the public�s trust by entering into those contracts only with vendors, grantees and other contractors (�Contractors�) who have the capability and integrity to comply with the terms and conditions of the contract and are otherwise responsible; and
WHEREAS it is important that there be a standard for the level of due diligence performed by the County�s staff in connection with contract awards which should include various factors such as type and size of the award, nature of the contract, nature of the contracting party and its ownership, the nature of the goods and services provided, the length of time that the contractor has provided these goods and services and other factors that could be important in making the decision to award a contract; and
WHEREAS in this Board�s decisions to award contracts, the ultimate decision with respect to the responsibility of Contractors rests with this Board; and
WHEREAS in the interest of protecting the County and the integrity of the process, and to safeguard the public trust, the Board should be apprised of the level of due diligence performed by the Mayor�s staff in connection with award recommendations,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that the Mayor is hereby directed to include together with any recommendation for the award of any contract that exceeds one million dollars ($1,000,000) a description of the due diligence investigation performed to determine the Contractor�s responsibility, and to report to this Board in connection with those contracts any instance where such research revealed information which may adversely affect a finding of Contractor responsibility.