Legislative Matter

Miami-Dade Legislative Item
File Number: 200640

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Clerk's Official Copy

File Number: 200640

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-330-20

Control: County Commission

File Name: PURCHASES FROM LOCAL BUSINESSES DURING CORONAVIRUS EMERGENCY

Introduced: 3/31/2020

Requester: NONE

Cost:

Final Action: 4/7/2020

Agenda Date: 4/7/2020

Agenda Item Number: 14A2

Notes:

Title:

RESOLUTION DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO (1) WHENEVER PRACTICABLE AND IN A MANNER THAT DOES NOT JEOPARDIZE FEDERAL EMERGENCY MANAGEMENT REIMBURSEMENTS, MAKE EMERGENCY PURCHASES FROM LOCAL BUSINESSES AND LOCAL SMALL BUSINESSES DURING THE CORONAVIRUS DISEASE 2019 (COVID-19) STATE OF EMERGENCY; AND (2) IN RATIFICATION ITEMS PRESENTED TO THE BOARD FOR COVID-19 EMERGENCY PURCHASES, IDENTIFY WHETHER SUCH EMERGENCY PURCHASES WERE MADE FROM LOCAL BUSINESSES OR LOCAL SMALL BUSINESSES OR REASONS WHY SUCH EMERGENCY PURCHASES FROM LOCAL BUSINESSES OR LOCAL SMALL BUSINESSES WERE IMPRACTICABLE

Indexes:	PURCHASING
	PROCUREMENT
	CORONAVIRUS

Sponsors:	Jose "Pepe" Diaz, Prime Sponsor
	Esteban L. Bovo, Jr., Co-Sponsor
	Daniella Levine Cava, Co-Sponsor
	Audrey M. Edmonson, Co-Sponsor
	Sally A. Heyman, Co-Sponsor
	Eileen Higgins, 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	4/7/2020	14A2	Adopted				P
REPORT:	Chairwoman Edmonson and Commissioners Bovo and Moss asked to be listed as co-sponsors. Vice Chairwoman asked Mayor Carlos Gimenez to carefully review the senior meals program and ensure that local contractors were selected and benefited from this program. She stated that she was unsupportive of awarding the senior meals program to non-local contractors, who were not registered with Miami-Dade County to provide those services. In response to Vice Chairwoman Sosa’s concerns, Mayor Gimenez responded that the Internal Services (IS) Department’s major concern was to provide an immediate response to the necessary service of providing meals to senior citizens. In response to a motion made by Vice Chairwoman Sosa and seconded by Chairwoman Edmonson to require that the evaluation and selection review process to select local contractors only to provide the senior meals, Mayor Gimenez advised a report would be prepared and presented before the Board outlining the procedure used to evaluate and select the Broward County contractor. Commissioner Heyman suggested that the Mayor identify those local contractors capable of providing senior meal services and that the process be more inclusive. Commissioner Jordan wished to know why was a Broward County contractor was selected to provide the service. Commissioner Jordan asked the Inspector General to review the evaluation and selection process to select a contractor to provide and deliver the senior meals and that a written report be prepared and presented for the Board’s review. Vice Chairwoman Sosa agreed with Commissioner Jordan’s recommendation. Commissioner Higgins asked hotels be included. It was moved by Vice Chairwoman Sosa that the Mayor bring back before the Board the County’s senior meals program to transition the award of the contract from the Broward County contractor to local contractors. Commissioner Jordan suggested the Mayor be allowed to begin immediately the transition of the senior meals program contract to local contractors and that it be brought before the Board for retroactive approval. Assistant County Attorney Eduardo Gonzalez clarified the motion by stating that it would request that the senior meals program contract be presented before the Board as soon as possible and would direct the County administration to contract senior meal services with qualified local contractors. Ms. Namita Uppal, Procurement Officer, Internal Services (IS) Department, asked that the proposed legislation not include language that would impact Federal Emergency Management Agency (FEMA) funding. It was moved by Vice Chairwoman Sosa that the Board of County Commissioners direct the Mayor, with respect to the emergency purchases of meals to the elderly, to immediately transition such purchases to locally headquartered businesses in Miami-Dade County qualified to perform such services, provided that such purchases do not impair the County’s ability to receive federal or state emergency reimbursements. All emergency purchases of meals to the elderly during the coronavirus disease 2019 (COVID-19) state of emergency period are subject to ratification by the Board. This motion was seconded by Commissioner Diaz; and upon being put to a vote, the motion passed by a vote of 13-0. (Note: This motion would be memorialized and assigned Resolution Number R-338-20 (See related Agenda Item 15F3, Legislative File Number 200676). Commissioner Diaz asked to be listed as a co-prime sponsor and Chairwoman Edmonson and Commissioners Heyman, Higgins, Jordan, Monestime, and Moss asked to be listed as co-sponsors. Pursuant to Chairwoman Edmonson’s request, this proposed resolution would be presented at the next scheduled Chairwoman’s Policy Council (CPC) meeting of April 20, 2020. Vice Chairwoman Sosa asked to be listed as the prime sponsor of the proposed legislation. Commissioner Diaz asked to be listed as a co-prime sponsor. Commissioners Heyman, Higgins, Monestime, and Moss, and Chairwoman Edmonson asked to be listed as co-sponsors of Vice Chairwoman Sosa’s proposed legislation. There being no further comments or objections, the members of the Board proceeded to take a vote on the foregoing resolution as presented.

Office of the Chairperson	4/1/2020		Additions

County Attorney	3/31/2020		Assigned	Eduardo W. Gonzalez		3/31/2020

Legislative Text

TITLE
RESOLUTION DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO (1) WHENEVER PRACTICABLE AND IN A MANNER THAT DOES NOT JEOPARDIZE FEDERAL EMERGENCY MANAGEMENT REIMBURSEMENTS, MAKE EMERGENCY PURCHASES FROM LOCAL BUSINESSES AND LOCAL SMALL BUSINESSES DURING THE CORONAVIRUS DISEASE 2019 (COVID-19) STATE OF EMERGENCY; AND (2) IN RATIFICATION ITEMS PRESENTED TO THE BOARD FOR COVID-19 EMERGENCY PURCHASES, IDENTIFY WHETHER SUCH EMERGENCY PURCHASES WERE MADE FROM LOCAL BUSINESSES OR LOCAL SMALL BUSINESSES OR REASONS WHY SUCH EMERGENCY PURCHASES FROM LOCAL BUSINESSES OR LOCAL SMALL BUSINESSES WERE IMPRACTICABLE

BODY
WHEREAS, our community, along with our state and country, are in the midst of a global pandemic due to the spread of coronavirus disease 2019 (COVID-19); and
WHEREAS, all levels of government, federal, state and local, have declared a state of emergency due to the COVID-19 pandemic; and
WHEREAS, on March 9, 2020, the Governor of Florida issued Executive Order Number 20-52, declaring a State of Emergency for the state of Florida related to COVID-19; and
WHEREAS, on March 12, 2020, the County Mayor declared a State of Emergency for all of Miami-Dade County; and
WHEREAS, minimization of contact is necessary to avoid risk of COVID-19 infection for the residents of our community, state and country; and
WHEREAS, the United States Centers for Disease Control and Prevention (CDC) has issued guidance entitled �15 Days to Slow the Spread,� encouraging social distancing and maintaining a six foot separation between persons to slow the spread of infection and that events with more than 10 attendees either be cancelled or held virtually; and
WHEREAS, this social distancing guidance has been extended through the end of April; and
WHEREAS, like much of the country, Miami-Dade County has taken action to slow the dangerous spread of COVID-19 infection by enacting social distancing measures and Safer at Home orders that have led to the closing of many businesses and retail establishments; and
WHEREAS, this COVID-19 shutdown has profoundly damaged our nation�s economy as millions of Americans are losing their jobs and slashing their spending and many local and small businesses are shutting down or struggling to stay afloat; and
WHEREAS, Miami-Dade County Implementing Order 3-38 defines an emergency purchase as an unforeseen or unanticipated urgent and immediate need for goods or services where the protection of life, health, safety or welfare of the community or the preservation of public properties would not be possible using any other purchasing methods; and
WHEREAS, because competitive bidding is impractical for many purchases of supplies, materials and services during the COVID-19 pandemic the County has made and will continue to engage in emergency purchases to respond to critical needs created by the COVID-19 emergency and to keep essential government operations moving forward; and
WHEREAS, emergency purchases in excess of $250,000.00 are subject to ratification by the Board; and
WHEREAS, in the same way that this Board wants to protect our community�s health from the effects of the COVID-19, this Board wants to assist local and small businesses from the damage the COVID-19 shutdown is causing economically,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. The foregoing recitals are hereby incorporated as true and correct.
Section 2. To the extent practicable and in a manner that does not jeopardize federal emergency management reimbursements, the Board directs the County Mayor or County Mayor�s designee to make emergency purchases for goods or services from local businesses and local small businesses during the COVID-19 emergency period.
Section 3. This Board directs the County Mayor or County Mayor�s designee, in any item presented to the Board seeking ratification of COVID-19 emergency purchases of goods or services, to identify in the memorandum accompanying the item whether such emergency purchases were from local businesses or local small businesses, provide information identifying the local business or local small business from which the County is purchasing, and to the extent that the County is not purchasing from a local or local small business, the reasons why it was impracticable to purchase the goods or services from a local business or local small business.