Legislative Matter

Miami-Dade Legislative Item
File Number: 120855

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Clerk's Official Copy

File Number: 120855

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-397-12

Control: Board of County Commissioners

File Name: ISSUE A SOLICITATION FOR A DISPARITY STUDY

Introduced: 4/23/2012

Requester: NONE

Cost:

Final Action: 5/1/2012

Agenda Date: 5/1/2012

Agenda Item Number: 11A6

Notes:

Title:

RESOLUTION DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO ISSUE A SOLICITATION FOR A DISPARITY STUDY OF BLACK, HISPANIC, AND WOMEN OWNED BUSINESS PARTICIPATION IN COUNTY CONTRACTING FOR CONTRACTS ISSUED BY THE DEPARTMENT OF PUBLIC WORKS AND WASTE MANAGEMENT AND THE WATER AND SEWER DEPARTMENT [SEE ORIGINAL ITEM UNDER FILE NO. 120590]

Indexes:	PUBLIC WORKS
	WATER AND SEWER
	DISPARITY STUDY

Sponsors:	Audrey M. Edmonson, Prime Sponsor
	Barbara J. Jordan, Co-Sponsor
	Jean Monestime, Co-Sponsor
	Dennis C. Moss, Co-Sponsor
	Rebeca Sosa, 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	5/1/2012	11A6	Adopted				P

County Attorney	4/23/2012		Assigned	Oren Rosenthal

Infrastructure and Land Use Committee	4/11/2012	2B Amended	Forwarded to BCC with a favorable recommendation with committee amendment(s)				P
REPORT:	Assistant County Attorney Bonzon-Keenan read the foregoing proposed resolution into the record. Chairwoman Edmonson relinquished the Chair to Vice Chairwoman Jordan and noted the intent of the foregoing proposed resolution was to address the growing disparity in County contracts for goods and services. Chairwoman Edmonson read the following statement into the record regarding the intent of this proposed resolution: With an approximately 9% unemployment rate in Miami-Dade County, constituencies are suffering, mainly in our African-American communities. There are construction projects, road repair, paving, dredging, demolition, and other skilled and unskilled-type projects taking place throughout this County. All one needs to do is drive around and look to see who is working on these sites. Miami-Dade County has a rich and ever-growing, diverse population. Jobs that government creates should be reflective of this community. These jobs should be inclusive of minorities in our community that have been disparately unrepresented. The County government, especially this body, should ensure that there is equitable employment in all sectors of government and contracting. Notwithstanding, in the face of potential legal challenges, sufficient data must accompany what we already know. In 2005, a pre-disparity study was conducted in Miami-Dade County, and in its findings, this County government failed to compile sufficient data as to the make-up of contractors, or their subcontractors, in a uniform manner. The firm suggested this County put mechanisms in place in order to collect the data needed for disparities to be determined. This very Board gave directives to the County Manager in 2009 to collect data on the race and gender of County contractors and their employees for purposes of supporting a disparity study. On January 20th, the Mayor issued a memorandum indicating that the County has addressed 90% of the data limitations identified in the 2005 report, which will allow for sufficient analysis, without extensive and prohibitive costs. I urge you to support this legislation to address the disparity in our County and use resources available to determine such findings. Commissioner Sosa noted the Economic Development and Social Services Committee forwarded this proposal to the full County Commission earlier today by a unanimous vote. She indicated that a County department(s) would gather the data needed to conduct the disparity study at no cost. She said she thought the proposal was long overdue. Vice Chairwoman Jordan asked Deputy Mayor Jack Osterholt to have the Internal Services Department Procurement Management Director submit to each County Commissioner a full report of the information collected in response to a resolution she sponsored in 2009, including the company/vendor names, races, and genders of all contractors doing business with the County; as well as the names, races, and genders of their employees. She also asked that the report include any information collected through the Tax Collector’s and/or the Property Appraiser’s offices, and that this report be submitted to Committee members for review before this proposed resolution was presented to the County Commission. Vice Chairwoman Jordan noted she believed the foregoing proposed resolution complemented the resolution passed in 2009 and put the disparity study in motion. She requested to be added to the resolution as a co-sponsor. Commissioner Monestime also requested to be added as a co-sponsor. He indicated that he believed this proposed resolution was beneficial, and he commended Chairwoman Edmonson for the comments she had just made. SPEED’s Assistant to the Director, Veronica Clark, responded to Chairwoman Edmonson’s inquiry regarding the process that would be used to solicit for a consultant to conduct the disparity study. Ms. Clark explained that currently, the County had an open contract for pooled management advisory consulting services. She further explained that once the needed specifications were compiled, the Internal Services Department would review them and determine whether the open contract could be used to solicit a consultant. Chairwoman Edmonson asked whether a process was in place that could be used if the open contract could not be used. She specifically asked whether the County could access a State contract or a contract from another county for this purpose. Ms. Clark noted a State contract was available that the County may be able to access. Chairwoman Edmonson referred to the “NOW, THEREFORE” clause in this proposal, which said a solicitation for a disparity study should be created and issued within 30 days of the proposal’s adoption, and a contract resulting from this solicitation should be awarded within 120 days of this proposal’s adoption. She said this proposal needed to be amended to change the amount of time allocated for the Internal Services Department’s Procurement Management Office to award the contract. Chairwoman Edmonson specified that the language “one hundred and twenty (120) days” in the seventh line of the “NOW, THEREFORE” clause on handwritten page 4 should be changed to “one hundred and eighty (180) days”. Hearing no further discussion, Committee members proceeded to vote on the foregoing proposed resolution as amended. Vice Chairwoman Jordan advised that Commissioner Sosa also asked to be added as a co-sponsor.

Legislative Text

TITLE
RESOLUTION DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO ISSUE A SOLICITATION FOR A DISPARITY STUDY OF BLACK, HISPANIC, AND WOMEN OWNED BUSINESS PARTICIPATION IN COUNTY CONTRACTING FOR CONTRACTS ISSUED BY THE DEPARTMENT OF PUBLIC WORKS AND WASTE MANAGEMENT AND THE WATER AND SEWER DEPARTMENT

BODY
WHEREAS, the Miami-Dade County is a multi-ethnic community; and
WHEREAS, the County is an important economic engine in the growth and development of Miami-Dade County; and
WHEREAS, the County wishes to continue to ensure equal opportunity to be awarded County contracts for all members of the community; and
WHEREAS, the Board of County Commissioners desires to obtain information to evaluate the continued equality of opportunity in County contracting and to ensure that no improper disparity exists in the award of County contracts; and
WHEREAS, federal courts reviewing legislation addressing improper disparity in government contracting look at data collected to assess the Constitutionality of such legislation; and
WHEREAS, the County�s failure to collect this information at the time of contracting presented a significant obstacle and an extraordinary cost in the County�s prior defense of its race and gender based contracting programs; and
WHEREAS, on July 7, 2011, this Board adopted Resolution R-564-11 directing the County Mayor or his designee to prepare a report regarding actions taken to address data limitations identified in the March 4, 2005 Pre-Disparity Study conducted by MGT of America, Inc. (�MGT Report�) in an effort to evaluate the feasibility of conducting a study to determine if racial, ethnic or gender disparities exist in County contracting; and
WHEREAS, on January 20, 2012, the County Mayor issued a report stating that �the County adopted policies and implemented operational enhancements to address over 90% of [the identified] data limitations, in whole or in part�; and
WHEREAS, this County is collecting and compiling data relating to primes, subcontractors, awards, payments and bidder information identified by the MGT Report; and
WHEREAS, this Board desires to utilize this data to conduct a disparity study of black, Hispanic and women owned business participation in County contracting for contracts issued by the Department of Public Works Waste Management and the Water and Sewer Department,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that the County Mayor or County Mayor�s designee is hereby directed create and issue a solicitation for a disparity study of black, Hispanic and women owned business participation in County contracting for contracts issued by the Department of Public Works and Waste Management and the Water and Sewer Department within thirty (30) days of the adoption of this resolution and to recommend the award of a contract resulting from this solicitation within one hundred and [[twenty (120)]]1 >>eighty (180)<< days of the adoption of this resolution.

1 Committee amendments are indicated as follows: Words stricken through and/or [[double bracketed]] are deleted, words underscored and/or >>double arrowed<< are added.