Miami-Dade Legislative Item
File Number: 190936
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File Number: 190936 File Type: Resolution Status: Adopted
Version: 0 Reference: R-828-19 Control: County Commission
File Name: DISCRININATION LAWSUIT DBI SERVICES CONTRACTING Introduced: 4/3/2019
Requester: NONE Cost: Final Action: 7/23/2019
Agenda Date: 7/23/2019 Agenda Item Number: 11A1
Notes: Title: RESOLUTION ESTABLISHING A POLICY OF MIAMI-DADE COUNTY FOR DISCLOSURE OF PAST AND PRESENT DISCRIMINATION LAWSUITS IN SOLICITATION SUBMISSIONS; DIRECTING COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO: (1) IMPLEMENT A POLICY OF DISCLOSURE OF DISCRIMINATION LAWSUITS; (2) REQUIRE IN COMPETITIVE AND NON-COMPETITIVE SOLICITATION DOCUMENTS THE DISCLOSURE OF LAWSUITS THAT INCLUDE ALLEGATIONS OF DISCRIMINATION AND DISPOSITIONS OF SUCH LAWSUITS FOR A 10 YEAR PERIOD THROUGH THE DATE OF THE SOLICITATION OR NON-COMPETITIVE AWARD RECOMMENDATION; AND (3) PROVIDE A REPORT TO THE BOARD
Indexes: DISCRIMINATION
Sponsors: Barbara J. Jordan, Prime Sponsor
  Daniella Levine Cava, Co-Sponsor
  Sally A. Heyman, 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 7/23/2019 11A1 Adopted P

Board of County Commissioners 5/7/2019 11A7 Deferred P
REPORT: This resolution was deferred to no date certain as requested by Commissioner Jordan. Commissioner Heyman asked the County Attorney to look into legislation enacted by the Board relating to discrimination issues such as gender, age, race, and sexual orientation and if such legislation would impact vendors and subcontractors at the Airport with discriminatory policies so that the Airport could govern themselves accordingly when the item was presented before the Board.

Housing, Social Services & Economic Dev. Committee 4/15/2019 2C Forwarded to BCC with a favorable recommendation P
REPORT: See Legislative File No. 190601, Agenda Item 2B, for further discussion.

County Attorney 4/3/2019 Assigned Housing, Social Services & Economic Dev. Committee 4/15/2019

County Attorney 4/3/2019 Assigned David S. Hope 4/3/2019

Legislative Text


TITLE
RESOLUTION ESTABLISHING A POLICY OF MIAMI-DADE COUNTY FOR DISCLOSURE OF PAST AND PRESENT DISCRIMINATION LAWSUITS IN SOLICITATION SUBMISSIONS; DIRECTING COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO: (1) IMPLEMENT A POLICY OF DISCLOSURE OF DISCRIMINATION LAWSUITS; (2) REQUIRE IN COMPETITIVE AND NON-COMPETITIVE SOLICITATION DOCUMENTS THE DISCLOSURE OF LAWSUITS THAT INCLUDE ALLEGATIONS OF DISCRIMINATION AND DISPOSITIONS OF SUCH LAWSUITS FOR A 10 YEAR PERIOD THROUGH THE DATE OF THE SOLICITATION OR NON-COMPETITIVE AWARD RECOMMENDATION; AND (3) PROVIDE A REPORT TO THE BOARD

BODY
WHEREAS, Miami-Dade County (the �County�) is a multi-ethnic community; and
WHEREAS, this Board encourages and fosters an environment of diversity, equity, and inclusion in all County business operations and practices; and
WHEREAS, pursuant to section 11A-1(1) of the Code of Miami-Dade County (the �Code�), it is the policy of the County to eliminate and prevent various types and forms of discrimination, including discrimination in employment; and
WHEREAS, section 2-8.6 of the Code requires any (i) individual convicted of a felony during the past ten years, and (ii) any corporation, partnership, joint venture or other legal entity having an officer, director or executive convicted of a felony during the past ten years, to disclose this information at the time of bid or proposal submission; and
WHEREAS, the County has a policy of contracting only with responsible contractors; and
WHEREAS, such a disclosure of lawsuits which include allegations of discrimination may be utilized by the County in the evaluation of the responsibility of the proposed County contractor; and
WHEREAS, such a disclosure of lawsuits which include allegations of discrimination in solicitation submissions is beneficial to the County and its community,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. The Board establishes a policy of Miami-Dade County for disclosure of past and present discrimination lawsuits in solicitation submissions.
Section 2. The County Mayor or County Mayor�s designee is directed to implement this policy for the disclosure of past and present lawsuits which allege discrimination, in solicitation submissions, and develop any implementing orders, policy statements, and directives necessary to support and promote the policy.
Section 3. The County Mayor of County Mayor�s designee is further directed to require that any respondent being considered for a competitive or non-competitive contract award disclose any lawsuit filed against it that contain allegations of discrimination and the disposition of such lawsuits, or a statement that there are no such lawsuits, for a period of ten years prior to the date of the solicitation or non-competitive award recommendation. This requirement shall be included in County solicitation documents.
Section 4. The County Mayor or County Mayor�s designee is further directed to provide a report to this Board, in accordance with Ordinance No. 14-65, on such orders and procedures implemented in furtherance of this policy within 60 days of the effective date of this resolution.



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