Legislative Matter

Miami-Dade Legislative Item
File Number: 090488

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Clerk's Official Copy

File Number: 090488

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-749-09

Control: Board of County Commissioners

File Name: DIRECT MAYOR TO NOTIFY BOARD WHEN WAIVES BREACH OF CONTRACT

Introduced: 2/24/2009

Requester: NONE

Cost:

Final Action: 6/2/2009

Agenda Date: 6/2/2009

Agenda Item Number: 11A22

Notes:

Title:

RESOLUTION DIRECTING THE COUNTY MAYOR OR HIS DESIGNEE TO NOTIFY THE BOARD OF COUNTY COMMISSIONERS WHEN THE COUNTY WAIVES ANY MATERIAL BREACH OF A CONTRACT OR EXTENDS A CONTRACT CURE PERIOD BEYOND 30 DAYS

Indexes:

CONTRACT

Sponsors:

Rebeca Sosa, Prime 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	6/2/2009	11A22	Adopted				P

Commission Auditor	5/19/2009		Legislative notes attached

Government Operations Committee	5/12/2009	2I	Forwarded to BCC with a favorable recommendation				P
REPORT:	Assistant County Attorney Geri Bonzon-Keenan read the foregoing proposed resolution into the record. Commissioner Sosa explained this resolution would provide timely notice on breach of contracts and allow the Board to provide further directives on contracts as needed, and it would prevent small issues from coming before the Board at a later date. Hearing no further comments or questions, the Committee proceeded to vote on the foregoing proposed resolution as presented.

County Attorney	4/20/2009		Referred	Government Operations Committee	5/12/2009

Government Operations Committee	4/14/2009	2D	Carried over due to cancellation of meeting

County Attorney	3/12/2009		Referred	Government Operations Committee	4/14/2009

Government Operations Committee	3/10/2009	2H	No Action Taken
REPORT:	Assistant County Attorney Geri Bonzon-Keenan read the foregoing proposed resolution into the record.

County Attorney	2/24/2009		Assigned	Oren Rosenthal	3/2/2009

County Attorney	2/24/2009		Referred	Government Operations Committee	3/10/2009

Legislative Text

TITLE
RESOLUTION DIRECTING THE COUNTY MAYOR OR HIS DESIGNEE TO NOTIFY THE BOARD OF COUNTY COMMISSIONERS WHEN THE COUNTY WAIVES ANY MATERIAL BREACH OF A CONTRACT OR EXTENDS A CONTRACT CURE PERIOD BEYOND 30 DAYS

BODY
WHEREAS, the Miami-Dade County Home Rule Charter provides that the Board of County Commissioners shall approve contracts with the County; and
WHEREAS, the Board of County Commissioners has delegated the administration of contracts to the County Mayor or his designee; and
WHEREAS, the County Mayor or his designee exercises discretion in resolving material breaches under the provisions of the contract and the authority of the Board pursuant to such delegation; and
WHEREAS, timely notice to the Board of County Commissioners of the County Mayor or his designee�s exercise of delegated authority will allow the Board of County Commissioners to provide further policy directives on contracts on an as needed basis,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, this Board directs the County Mayor or his designee to provide notice to this Board, within 5 business days, of when the County Mayor or his designee either waives a material breach of a contract awarded by the Board or allows a vendor more than thirty (30) days to cure a material breach of a contract awarded by the Board.