Legislative Matter

Miami-Dade Legislative Item
File Number: 120976

Printable PDF Format

Clerk's Official Copy

File Number: 120976

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-586-12

Control: Board of County Commissioners

File Name: SUBCONTRACTOR DBE AND ACDBE GOALS

Introduced: 5/15/2012

Requester: NONE

Cost:

Final Action: 7/3/2012

Agenda Date: 7/3/2012

Agenda Item Number: 11A6

Notes:

Title:

RESOLUTION PERTAINING TO SUBCONTRACTOR, DBE AND ACDBE GOALS IN COUNTY CONTRACTS; REQUIRING EXECUTED SUBCONTRACTS WITH DBE OR ACDBE GOALS PRIOR TO SUBMISSION FOR BOARD APPROVAL

Indexes:	SUBCONTRACTOR
	DBE PROGRAM

Sponsors:	Audrey M. Edmonson, Prime Sponsor
	Lynda Bell, Co-Sponsor
	Jose "Pepe" Diaz, Co-Sponsor
	Barbara J. Jordan, 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	7/3/2012	11A6	Adopted				P

Internal Mgmt. & Fiscal Responsibility Committee	6/12/2012	2I	Forwarded to BCC with a favorable recommendation				P
REPORT:	Assistant County Attorney Jess McCarty read the foregoing proposed resolution into the record. It was moved by Commissioner Edmonson that the foregoing proposed resolution be forwarded to the County Commission with a favorable recommendation. This motion was seconded by Commissioner Diaz, followed by discussion. Commissioner Diaz noted his support of this resolution, and asked whether it only pertained to subcontracts with the Disadvantaged Business Enterprise (DBE) goals or whether it also pertained to prime contracts. Commissioner Edmonson confirmed that this only pertained to subcontracts with DBE goals, and explained this was due to a conflict that occurred at the airport during which the BCC approved a prime contract in the absence of a subcontract between the contractor and the DBE, and later, the contractor changed the scope of work prior to the subcontract being signed. She clarified that the terms of the agreement were negotiated prior to Board approval. Commissioner Diaz noted he wanted to ensure that this proposed resolution only pertained to the subcontracts with the DBE goals and not to the prime contract. Chairwoman Bell asked how the Board could require that the subcontracts be executed prior to the prime contract being submitted for approval. She also asked if this would slow down the projects and process and be more costly to the County. Deputy Mayor Edward Marquez confirmed that it had the potential of slowing down the process because it required an additional step. He noted the intent was to solve a problem whereby a subcontractor was unable to enter into a contract with the prime contractors and suggested a possible solution would be to identify a mechanism for the subcontractor to alert the Administration earlier in the process. Chairwoman Bell noted Commissioner Edmonson’s point was well taken and she would like to hear from the County Attorney regarding this issue. Assistant County Attorney David Hope stated that it was not certain that this requirement would slow down the process since the step was already required, and this resolution just required it to be done earlier in the process. He pointed out that prime contracts were currently required to be executed, prior to Board approval. Commissioner Edmonson pointed out that a prime contractor could not be awarded a contract without entering into a signed agreement with the Airport Concession Disadvantaged Business Enterprise (ACDBE), prior to Board approval because the two were considered partners. She noted this resolution would ensure that both the DBEs and the ACDBEs were protected in this process, once they entered into an agreement with the prime contractor. Chairwoman Bell expressed appreciation to Commissioner Edmonson for the clarification and noted she supported this resolution. Commissioner Jordan asked to be added as a co-sponsor of this resolution. She said she disagreed with the Deputy Mayor that this step would slow down the process because it was already included, and would now be done near the beginning, instead of at the end of the process. She explained that this resolution provided more opportunity for DBEs and ACDBEs to be treated fairly, because some prime contractors had been awarded a contract with Small Business Enterprises (SBE), and subsequently changed the scope of work to lessen the amount of the contract. Commissioner Diaz noted it was his understanding that the DBE and ACDBE partnered with the prime contractor to solicit a contract; however, the problem arose when the prime contractor, once being awarded the contract, did not enter into an agreement with the small business subcontractors. He said he did not believe that this step would cause a delay in the process and this would ensure that the Board was aware of both the DBE/ACDBE and the prime contractor when approving the contract. He also asked to be added as a co-sponsor to this resolution. Chairwoman Bell expressed appreciation to Commissioner Diaz for his comments and clarification. Hearing no further questions or comments, the Committee proceeded to vote on this resolution as presented.

County Attorney	5/15/2012		Assigned	David S. Hope		5/23/2012

County Attorney	5/15/2012		Referred	Internal Mgmt. & Fiscal Responsibility Committee	6/12/2012

Legislative Text

TITLE
RESOLUTION PERTAINING TO SUBCONTRACTOR, DBE AND ACDBE GOALS IN COUNTY CONTRACTS; REQUIRING EXECUTED SUBCONTRACTS WITH DBE OR ACDBE GOALS PRIOR TO SUBMISSION FOR BOARD APPROVAL

BODY

WHEREAS, Miami-Dade County (the �County�) requires the submission of draft subcontract agreement(s) at bid submission, for County projects with either disadvantaged business enterprise (�DBE�) or airport concession disadvantaged business enterprises (�ACDBE�) goals; and
WHEREAS, the contracting County department currently controls when said executed subcontracts are due; and
WHEREAS, requiring executed subcontracts prior to Board submission ensures resolution of any issues between the responsive responsible bidder (prime) and subcontractor(s),
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that the Board requires all subcontracts for County projects with DBE or ACDBE goals be executed prior to the contract submission for Board approval.