Legislative Matter

Miami-Dade Legislative Item
File Number: 120561

Printable PDF Format

Clerk's Official Copy

File Number: 120561

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-395-12

Control: Board of County Commissioners

File Name: ADDING VENDORS TO ''OPEN POOL CONTRACTS''

Introduced: 3/21/2012

Requester: NONE

Cost:

Final Action: 5/1/2012

Agenda Date: 5/1/2012

Agenda Item Number: 11A4

Notes:

Title:

RESOLUTION AMENDING PRIOR DELEGATIONS OF AUTHORITY TO THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE WITH RESPECT TO ADDING VENDORS TO ''OPEN POOL CONTRACTS''

Indexes:	VENDORS
	POOL CONTRACT

Sponsors:

Jose "Pepe" Diaz, 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	5/1/2012	11A4	Adopted				P

Internal Mgmt. & Fiscal Responsibility Committee	4/10/2012	2J	Forwarded to BCC with a favorable recommendation				P
REPORT:	Assistant County Attorney Jess McCarty read into the record the title of the foregoing proposed resolution. Commissioner Diaz noted the proposed resolution implemented a procedure to have a clear process when the County Administration added vendors to the “open pool contracts.” Assistant County Attorney Oren Rosenthal clarified the intent of the foregoing resolution, noting it amended prior delegations of authority to the County Mayors or designees in respect of the established procedure to add vendors to “open pool contracts.” He explained that the proposed resolution would give the Mayor or his designee the ability to add vendors to the “open pool contracts” at any time, but would subject this delegation to ratification by the Board on a bi-annual basis, noting it would give the Board a check on the County Administration’s power. In response to Commissioner Jordan’s inquiry, Assistant County Attorney Rosenthal briefly explained the process of adding vendors to “open pool contracts.” He noted there were two types of vendor pools, “closed pools” and “open pools.” He advised that closed pools were for a defined set of applicants, and the open pool allowed the County Administration to add vendors, which met the qualifications established, as the pool progressed. He stated that an unlimited number of vendors could be added to open pool contracts, and the applicants could apply at any time and be added at a later time. He clarified that no vendors could be added to closed pools. He reiterated that the foregoing resolution would amend the delegation of authority saying that additional vendors added would be subject to the Board’s approval. Responding to Commissioner Jordan’s question, Assistant County Attorney Rosenthal advised that at this time he did not have current information on the total number of open pools in the County. Ms. Miriam Singer, Deputy Director, Internal Services Department, advised that vendors were added to open pools because it provided opportunities for local and other firms in competition. She advised that in the past the Administration was not required to report to the Board the vendors added to open pools. This item instructed the Administration to prepare a report twice a year for the Board’s ratification listing the names of the vendors added to open pools, she added. Chairwoman Bell clarified that the process to add vendors to open pools would not be delayed as the item required a report to be presented before the Board twice a year. Commissioner Diaz noted the foregoing item established a process to keep the Board informed on the vendors added to the open pools. There being no other questions or comments from the members of the Committee and the County Administration, the Committee proceeded to vote on the foregoing proposed resolution.

County Attorney	3/21/2012		Assigned	Oren Rosenthal		3/21/2012

County Attorney	3/21/2012		Referred	Internal Mgmt. & Fiscal Responsibility Committee	4/10/2012

Legislative Text

TITLE
RESOLUTION AMENDING PRIOR DELEGATIONS OF AUTHORITY TO THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE WITH RESPECT TO ADDING VENDORS TO �OPEN POOL CONTRACTS�

BODY
WHEREAS, this Board has approved �open pool contracts� by which vendors are admitted to pre-qualified pools in order to participate in spot market competitions for the purchase of goods or services up to an aggregate contract amount authorized by the Board; and
WHEREAS, this Board has delegated its authority to add vendors to these �open pool contracts� at any time during the contract term to the County Mayor or County Mayor�s designee; and
WHEREAS, the Board desires to review any vendors added to these �open pool contracts� on a biannual basis to ensure that the County is contracting with responsive and responsible contractors, that the �open pool contracts� are being administered efficiently, and that these �open pool contracts� continue to meet County policies of inclusiveness and obtaining the highest quality services at the lowest price,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board, commencing thirty (30) days from the adoption of this resolution, amends any prior delegation of authority to the County Mayor or County Mayor�s designee with respect to adding vendors to �open pool contracts� and directs that such vendors be added subject to biannual approval by the Board of County Commissioners. This Board further directs the County Mayor or County Mayor�s designee to include this biannual ratification of vendors to all future �open pool contracts.� This Board additionally directs the County Mayor or County Mayor�s Designee to provide a report to the Board, concurrent with a recommendation to ratify vendors added to �open pool contracts,� which contains sufficient information for the Board to review whether the added vendors are responsive and responsible and the current status of the work assigned pursuant to the �open pool contract.� Any vendors who are not ratified for inclusion by the Board shall be removed from such �open pool contracts� and shall not be eligible to bid for or be awarded any additional work under the pool.