Legislative Matter

Miami-Dade Legislative Item
File Number: 121624

Clerk's Official Copy

File Number: 121624

File Type: Resolution

Status: Adopted as amended

Version: 0

Reference: R-874-11

Control: County Commission

File Name: INCREASE CONTRACTOR MONITORING COMPLIANCE PROGRAMS

Introduced: 8/10/2012

Requester: NONE

Cost:

Final Action: 10/4/2011

Agenda Date: 10/4/2011

Agenda Item Number: 11A5

Notes:

THIS IS FINAL VERSION AS ADOPTED. ALSO SEE 111928.

Title:

RESOLUTION DIRECTING COUNTY MAYOR OR DESIGNEE TO INCREASE CONTRACTOR MONITORING AND COMPLIANCE PROGRAMS, FOR CONSTRUCTION PROJECTS ON MIAMI-DADE COUNTY PROPERTY OR USING COUNTY FUNDS; AND IDENTIFY FUNDING SOURCES TO PAY FOR ASSOCIATED COSTS (SEE ORIGINAL ITEM UNDER FILE NO. 111928)

Indexes:

CONSTRUCTION AND MAINTENANCE AGREEMENT

Sponsors:	Audrey M. Edmonson, Prime 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	8/10/2012		Assigned	David S. Hope

Board of County Commissioners	10/4/2011	11A5 AMENDED	Adopted as amended				P
REPORT:	Commissioner Jordan said that she wanted to understand the item’s intent in terms of the monitoring process. Vice Chairwoman Edmonson clarified that this item was intended for all contracts using County funds or implemented on County-owned property. Commissioner Jordan said, and Vice Chairwoman Edmonson confirmed, that based on her understanding the monitoring of those contracts would include scheduled reports of contractor job hires, audits of contractor payroll records, employee hours worked, and employee residency; and the Administration would identify the funding source to pay for the associated costs. Commissioner Jordan expressed concern regarding the costs associated with this item, as it was not restricted to small businesses, but would cover all County contracts. She asked Ms. Penelope Townsley, Small Business Development, SPEED, regarding the number of contracts her office was currently monitoring. Ms. Townsley indicated that there were over 3000 on-going County contracts. She said that approximately 26 percent of those were eligible for monitoring under the Small Business Program, and certain factors triggered eligibility under the program. Pursuant to Commissioner Jordan’s question as to whether she was able to monitor all 700 contracts, Ms. Townsley stated that her office was not actively monitoring all of the eligible contracts; rather they monitored on a random basis, contracts for which they had received complaints, as well as projects that were over $25 million. She explained that her office was monitoring approximately 17 percent of those projects that were eligible for monitoring. Ms. Townsley said that her understanding of Commissioner Edmonson’s proposed resolution was that her office would have to monitor construction projects, specifically. She pointed out that her office did not monitor all projects, but only those that were applicable under the program. In response to Commissioner Jordan’s question as to how many construction projects there were, Ms. Townsley indicated that 18 percent of all on-going County contracts were for construction projects. She further clarified that 67 percent of all of those projects that were eligible for monitoring were construction projects. Commissioner Jordan asked Vice Chairwoman Edmonson whether she wanted Ms. Townsley’s office to be responsible for monitoring a percentage of the contracts. She asked Ms. Townsley how many people were working in her office. Ms. Townsley indicated that her office had five compliance officers, and two were dedicated to the Marlins’s project. Commissioner Jordan noted Vice Chairwoman Edmonson’s item requested that all contracts be monitored, and there were 800 construction contracts. In addition, the item requested that an audit be performed, and site visits be carried out to verify the salaries. She said that the cost of implementing this item was prohibitive. Ms. Townsley noted, assuming that the directive would be addressed to Small Business Development it would not be possible to monitor projects other than those that were eligible under the program. She said this was the reason she assumed that Vice Chairwoman Edmonson’s item referred to those projects, as she did not have the authority to monitor other projects. She stated that her only request was that her office be given an additional 60 days to complete this task. Vice Chairwoman Edmonson noted she agreed with Commissioner Jordan’s suggestion, and with Ms. Townsley’s request. Hearing no further questions or comments the Board proceeded to vote on the foregoing resolution as amended to change the language on handwritten page 3 following… increase monitoring and compliance programs for construction projects…to read “subject to Small Business Enterprise Programs Ordinances…;" and on handwritten page 4, fourth line following…Commissioners within…to read “one hundred twenty (120) days of the date of this resolution..."

Legislative Text

TITLE
RESOLUTION DIRECTING COUNTY MAYOR OR DESIGNEE TO INCREASE CONTRACTOR MONITORING AND COMPLIANCE PROGRAMS, FOR CONSTRUCTION PROJECTS ON MIAMI-DADE COUNTY PROPERTY OR USING COUNTY FUNDS; AND IDENTIFY FUNDING SOURCES TO PAY FOR ASSOCIATED COSTS

BODY

WHEREAS, the Miami-Dade County (the �County�) Department of Small Business Development (�SBD�) monitors contracts awarded with small business measures, to ensure approved goals are met; and
WHEREAS, the SBD contract monitoring and compliance budget has decreased from $1,372,000 in fiscal year (�FY�) 2008-2009, to $732,000 in FY 2010-2011; and
WHEREAS, the County will benefit from an increase in contractor monitoring and compliance programs, for construction projects either (i) on County-owned property, or (ii) using County funds,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that the Mayor or Mayor�s designee is directed to: (i) create a written plan to increase monitoring and compliance programs for construction projects subject to the small business enterprise program ordinances occurring on County property or using County funds, with quarterly status reports to the Board, and which programs shall include but not be limited to a) minimum number of site visits, b) scheduled reports of contractor job hires, c) audits of contractor payroll records, employee hours worked, and employee residency, d) on-site contractor, subcontractor, and employee interviews, e) complaint investigations; and (ii) identify the funding source to pay for the associated costs and budget increases related to said plan. The recommended plan shall be presented to this Board of County Commissioners within one hundred twenty (120) days of the date of this resolution for approval.