Legislative Matter

Miami-Dade Legislative Item
File Number: 131016

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Clerk's Official Copy

File Number: 131016

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-454-13

Control: Board of County Commissioners

File Name: BRING EMERGENCY CONTRACT RATIFICATION TO BOARD WITHIN 120

Introduced: 5/22/2013

Requester: NONE

Cost:

Final Action: 6/4/2013

Agenda Date: 6/4/2013

Agenda Item Number: 11A6

Notes:

Title:

RESOLUTION DIRECTING THE COUNTY MAYOR TO BRING EMERGENCY CONTRACT RATIFICATIONS TO THE BOARD WITHIN 120 DAYS OF SUCH EMERGENCY AND BRING RETROACTIVE CONTRACT MODIFICATIONS TO THE BOARD WITHIN 120 DAYS OF MODIFICATION [SEE ORIGINAL ITEM UNDER FILE NO. 130784]

Indexes:

CONTRACT

Sponsors:	Audrey M. Edmonson, Prime Sponsor
	Esteban L. Bovo, Jr., Co-Sponsor
	Sally A. Heyman, Co-Sponsor
	Dennis C. Moss, 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	6/4/2013	11A6	Adopted				P

County Attorney	5/22/2013		Assigned	Oren Rosenthal

Finance Committee	5/14/2013	2B AMENDED	Forwarded to BCC with a favorable recommendation as amended				P
REPORT:	Assistant County Attorney Geri Bonzon-Keenan read the foregoing proposed resolution into the record. Commissioner Moss requested information as to the need for this proposal. Commissioner Edmonson explained that the Board did not receive items for ratification from the Administration in a timely manner and also received contracts that were awarded or amended prior to being submitted to this Board. Commissioner Heyman expressed concern that staff may at times experience difficulty implementing this proposal because of legal requirements or the manner in which the County conducted business. Commissioner Edmonson noted staff recommended that the foregoing proposed resolution be amended to reflect 120 days, rather than 90 days. Commissioner Heyman said she believed that 120 days would allow sufficient time for staff to comply with the resolution’s requirements. Deputy Mayor Edward Marquez indicated that 120 days would be adequate and that the Administration would notify the Board if additional time was needed. Commissioner Edmonson clarified that the resolution was meant to ensure that legislation was submitted to the Board in a timely manner and it would require the Mayor to explain the reason for any exceptions. Commissioners Bovo, Heyman and Moss asked to be listed as co-sponsors to the foregoing proposed resolution. Hearing no further questions or comments, the Committee members proceeded to vote on this proposed resolution, as amended. The foregoing proposed resolution was forwarded to the Board of County Commissioners (BCC) with Committee amendments to reflect one hundred twenty days (120) days instead of ninety (90) days for the County Mayor to bring emergency contract ratifications and retroactive contract modifications to the Board throughout the entire body of the resolution and in its title.

Legislative Text

TITLE
RESOLUTION DIRECTING THE COUNTY MAYOR TO BRING EMERGENCY CONTRACT RATIFICATIONS TO THE BOARD WITHIN 120 DAYS OF SUCH EMERGENCY AND BRING RETROACTIVE CONTRACT MODIFICATIONS TO THE BOARD WITHIN 120 DAYS OF MODIFICATION

BODY

WHEREAS, County and State law gives the Mayor the authority to enter into contracts for the purchase of goods and services to address emergency situations in the County subject to later ratification of such contracts by the Board of County Commissioners; and
WHEREAS, the Board�s review of emergency contracts will be hampered by delays in bringing such contracts to the Board for ratification; and
WHEREAS, the Board desires that when the Mayor brings emergency contracts to the Board for ratification the Mayor should identify the date the emergency occurred or, if unknown, the date the administration became aware of the emergency; and
WHEREAS, the Board believes that all emergency contracts entered into by the Mayor subject to his emergency powers should be brought to the Board within [[ninety (90) days]]1 >>one hundred twenty (120) days<< of the date of such an emergency or the date the administration became aware of such emergency; and
WHEREAS, the Board desires that, in the event any emergency contract is not brought to the Board for ratification within [[ninety (90) days]] >>one hundred twenty (120) days<<, the Mayor explain in writing any reason for delay in bringing such contract to the Board for ratification; and
WHEREAS, the Mayor or Mayor�s designee may also recommend the retroactive modification of an existing contract which, upon approval, will be deemed to have taken effect at a date prior to the act approving the contract amendment; and
WHEREAS, the Board desires that retroactive contract modifications be brought before the Board for approval within [[90]] >>120<< days of the effective date of the amendment; and
WHEREAS, the Board desires that, in the event any retroactive contract modification is not brought to the Board for approval within [[ninety (90) days]] >>one hundred twenty (120) days<<, the Mayor explain in writing any reason for delay in bringing such contract to the Board,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. This Board directs the County Mayor to bring any emergency contract to the Board for ratification within [[ninety (90) days]] >>one hundred twenty (120) days<< of the date of the emergency or the date at which the administration became aware of the emergency and identify such date in any ratification item. In the event the Mayor is unable to bring emergency contract ratifications to the Board within [[ninety (90) days]] >>one hundred twenty (120) days<<, the Mayor shall explain in writing the reason for the delay in bringing the ratification item to the Board.
Section 2. This Board directs the County Mayor to bring any retroactive contract modification to the Board for approval within [[ninety (90) days]] >>one hundred twenty (120) days<< of effective date of the amendment and identify such date in any approval item. In the event the Mayor is unable to bring such retroactive contract modification to the Board within [[ninety (90) days]] >>one hundred twenty (120) days<<, the Mayor shall explain in writing the reason for the delay in bringing the item to the Board.

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