Miami-Dade Legislative Item
File Number: 121279
   Clerk's Official Copy   

File Number: 121279 File Type: Ordinance Status: Adopted
Version: 0 Reference: 11-90 Control: Board of County Commissioners
File Name: COLLECTION OF DATA FOR DISPARITY STUDY Introduced: 6/20/2012
Requester: NONE Cost: Final Action: 11/15/2011
Agenda Date: 11/15/2011 Agenda Item Number: 7E
Notes: THIS IS FINAL VERSION AS ADOPTED. ALSO SEE 112364 Title: ORDINANCE RELATING TO THE COLLECTION OF DATA FOR A DISPARITY STUDY IN CONNECTION WITH RACE, GENDER AND ETHNIC BASED CONTRACTING PROGRAMS; REQUIRING COUNTY CONTRACTORS TO REPORT THE RACE, GENDER AND ETHNIC MAKEUP OF THE OWNERSHIP OF SUBCONTRACTORS PERFORMING THE WORK; REQUIRING COUNTY CONTRACTORS TO REPORT PAYMENTS MADE TO ALL SUBCONTRACTORS UNDER THE CONTRACT; AMENDING SECTIONS 2-8.1, 28.8 AND 10-34 OF THE CODE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE (SEE ORIGINAL ITEM UNDER FILE NO. 111901,112364)
Indexes: ORDINANCE RELATING
  STUDY
Sponsors: Barbara J. Jordan, Prime Sponsor
  Audrey M. Edmonson, Co-Sponsor
  Jean Monestime, 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

County Attorney 6/20/2012 Assigned Hugo Benitez

Board of County Commissioners 11/15/2011 7E AMENDED Adopted as amended P
REPORT: Commissioner Sosa commented on the required information to be submitted by the bidding contractor and suggested that information also include a comparison based on the county-wide population and the number of minorities awarded county contracts. Commissioner Jordan clarified that this legislation required bidding contractors to submit comprehensive information, addressing ethnicity, race, and gender, on the first tier of subcontractor’s and their employees. Commissioner Diaz expressed concern that the wording in this proposed ordinance required bidding contractors to submit the information prior to bidding or being awarded a contract. Commissioner Jordan explained the purpose of this ordinance and noted the bidding contractor had three opportunities to submit the required information: when submitting the bid; during the selection process; or prior to the County’s last payment on the awarded contract. A discussion ensued regarding the intent of this ordinance at which point County Attorney Cuevas advised that, as written, the bidding contractor was required to submit the subcontractor’s information prior to final payment by the County. He noted if the bidding contractor failed to provide this information, they could be precluded from being awarded a contract if staff determined the required data was not reasonably available. Assistant County Attorney Hugo Benitez advised the foregoing proposed ordinance may be amended to add language stating that the information, a report listing the race, gender and ethnic origin of the owners and employees, be made part of the contract requirements and submitted prior to final payment, but not a part of the bid submission. He further clarified that the bid award should not be conditioned upon the submittal of that information. It was moved by Commissioner Jordan that the Board adopt the foregoing proposed ordinance as amended to insert language stating that the report listing the owners and employees’ race, gender, and ethnic origin be made part of the awarded contract requirements; and submitted prior to final payment, but not as part of the bid proposal. This motion was seconded by Commissioner Monestime, and upon being put to a vote, passed by a vote of 11-0 (Commissioners Edmonson and Suarez were absent).

Legislative Text


TITLE
ORDINANCE RELATING TO THE COLLECTION OF DATA FOR A DISPARITY STUDY IN CONNECTION WITH RACE, GENDER AND ETHNIC BASED CONTRACTING PROGRAMS; REQUIRING COUNTY CONTRACTORS TO REPORT THE RACE, GENDER AND ETHNIC MAKEUP OF THE OWNERSHIP OF SUBCONTRACTORS PERFORMING THE WORK; REQUIRING COUNTY CONTRACTORS TO REPORT PAYMENTS MADE TO ALL SUBCONTRACTORS UNDER THE CONTRACT; AMENDING SECTIONS 2-8.1, 28.8 AND 10-34 OF THE CODE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY

WHEREAS, this Board wishes to assure that all segments of the County have a full, fair and meaningful opportunity to participate in County contracting regardless of race, gender or ethnic origin; and
WHEREAS, in furtherance of that policy, on June 24, 2011, this Board adopted Resolution R-564-11, directing the County Mayor to prepare a feasibility report in connection with a proposal to enact race, ethnic, and gender based programs; and
WHEREAS, under applicable law, a disparity study is the first step to determine whether or not, and to what extent, programs to remedy racial, ethnic or gender discrimination will withstand judicial scrutiny; and
WHEREAS, a predisparity study commissioned by the County identified various deficiencies in the gathering and compilation of the data relevant to conduct a disparity study; and
WHEREAS, the data reporting measures more particularly set forth below will serve to obtain the information in support of a disparity study,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 2-8.1 of the Code of Miami-Dade County is hereby amended as follows:1
Sec. 2-8.1. - Contracts and purchases generally.
(a) Scope. Except as provided in subsections (b), (f) and (h), this section shall apply to all contracts for public improvements and purchases of all supplies, materials and services other than professional services.

* * *

(f) Listing of subcontractors required on certain contracts. The
requirements of this subsection shall apply to those county contracts for purchase of supplies, materials or services, including professional services, which involve the expenditure of one hundred thousand dollars ($100,000.00) or more where the contract specifications do not expressly preclude the use of subcontractors to perform a portion of the work. All such contracts shall require the entity contracting with the County to list all first tier subcontractors who will perform any part of the contract work and all suppliers who will supply materials for the contract work direct to such entity. >>The contracts shall also require the entity contracting with the County to report to the County the race, gender and ethnic origin of the owners and employees of all such first tier subcontractors.<< When a competitive process is utilized to select the entity that will contract with the County, the specifications shall provide that it shall be a condition of award for the successful bidder to provide [[such]] >>the<< listing >>of subcontractors<<, if required. [[The foregoing notwithstanding, those contracts subject to this subsection advertised for bid after July 18, 1997 on which bids were opened before January 31, 1998 whose specifications do not include language implementing this subsection, may be awarded as provided in such specifications subject to the awardee supplying the required listing of subcontractors and suppliers required hereby, and agreeing to include the language provided in the last sentence of this subsection]]. Section 10-34 of this Code governs the subcontractor listing requirements for contracts for public improvements.>>The contract shall require the contractor to provide to the County the race, gender and ethnic information as soon as reasonably available and in any event prior to final payment under the contract.<< The County [[Manager]] >>Mayor or Mayor’s designee<< shall include language in all contracts >>and specifications<< to which this subsection applies to >>implement this subsection and to<< provide that the contractor shall not change or substitute subcontractors or suppliers from those listed except upon written approval of the County.

* * *
Section 2. Section 10-34 of the Code of Miami-Dade County is hereby amended as follows:
Sec. 10-34. - Listing of subcontractors required.
The requirements of this section shall apply to those county and Public Health Trust construction contracts in which a bidder may use a subcontractor which involve the expenditure of one hundred thousand dollars ($100,000.00) or more. Such contracts shall require the entity contracting with the county to list all first tier subcontractors who will perform any part of the contract and all suppliers who will supply materials for the contract work direct to such entity. >>The contract shall also require the entity contracting with the County to report to the County the race, gender, and ethnic origin of the owners and employees of all such first tier subcontractors.<< When a competitive process is utilized to select the entity that will contract with the county, the specifications shall provide that it shall be a condition of award for the successful bidder to provide [[such]]>>the<< listing>> of subcontractors<<, if required. [[The foregoing notwithstanding, those contracts otherwise subject to this section advertised for bid after July 18, 1997 on which bids were opened before January 31, 1998 whose specifications do not include language implementing this section, may be awarded as provided in such specifications subject to the awardee supplying the listing of subcontractors and suppliers required hereby and agreeing to include the language specified in the last sentence of this section.]] >>The contract shall require the contractor to provide to the County the race, gender and ethnic information as soon as reasonably available and in any event prior to final payment under the contract.<< The [[County Manager]] >>Mayor or Mayor’s designee<< shall include language in all contracts to which this section applies to >>implement this Section and to<< provide that the contractor shall not change or substitute subcontractors or suppliers from those listed except upon written approval of the county.
Section 3. Section 2-8.8 of the Code of Miami-Dade County is hereby amended as follows:
Sec. 2-8.8. - Fair subcontracting practices.
(1) Policy. It is the policy of this County to promote diversity in the use of Subcontractors on Miami-Dade County projects and to allow opportunities for subcontracting to as many qualified Subcontractors as possible.
* * *
(4) Reporting of subcontracting policies>>,<< [[and]] procedures >>and payments<<. For all contracts in which a bidder may use a Subcontractor, prior to contract award, the bidder shall provide a detailed statement of its policies and procedures for awarding subcontracts. Failure to provide the required statement shall preclude the bidder from receiving the contract. >>As a condition of final payment under a contract, the contractor shall identify all subcontractors used in the work, the amount of each subcontract, and the amount paid and to be paid to each subcontractor. In the event that the contractor intends to pay less than the subcontract amount, the contractor shall deliver to the County a statement explaining the discrepancy or any disputed amount.<< The County [[Manager]] >>Mayor or Mayor’s designee<< shall include language in the specifications of applicable County contracts >>to give effect to the intent of this Section.<< [[for the provision of such a statement. The foregoing notwithstanding, those contracts otherwise subject to this subsection advertised for bid after July 5, 1997 on which bids were opened before January 31, 1998 whose specifications do not include language implementing this subsection, may be awarded as provided in such specifications subject to the awardee supplying the statement of subcontracting policy required hereby.]]

Section 4. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 5. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 6. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.
1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.



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