2013-3800 Ordinance ORDINANCE NO. 2013-3800
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING SECTION 2-372 OF
THE MIAMI BEACH CITY CODE, ENTITLED "PROCEDURES TO
PROVIDE PREFERENCE TO MIAMI BEACH-BASED VENDORS IN
CONTRACTS FOR GOODS AND CONTRACTUAL SERVICES;"
AMENDING SECTION 2-372(1)(b) THEREOF, TO REQUIRE THAT
MIAMI BEACH-BASED VENDORS HAVE A BUSINESS TAX RECEIPT
TO PROVIDE THE GOODS AND SERVICES REQUIRED UNDER A
SUBJECT CITY BID FOR AT LEAST ONE (1) YEAR PRIOR TO THE
ISSUANCE OF THE BID, AS WELL AS HAVE THEIR BUSINESS
HEADQUARTERS, OR AN OFFICE OF THE BUSINESS, WITHIN THE
CITY FOR A PERIOD OF AT LEAST ONE (1) YEAR PRIOR TO THE
ISSUANCE OF THE BID; AND AMENDING SECTION 2-372(2)(b) TO
LIMIT SUCH PREFERENCE ONLY TO PROPOSERS; PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA as follows:
SECTION 1: That Chapter 2, Article VI, Division 3, Section 2-372 of the Miami Beach
City Code is hereby amended as follows:
ARTICLE VI. PROCUREMENT
DIVISION 3. CONTRACT PROCEDURES
Sec. 2-372. - Procedure to provide, preference to Miami Beach-based vendors in
contracts for goods and contractual services.
(1) Definitions. For purposes of this section only, the following definitions shall apply:
(a) Bid shall mean a competitive bid procedure established through the
issuance of an invitation to bid, request for proposals (RFP), request for
qualifications (RFQ), requests for letters of interest (RFLI), invitations to
negotiate (ITN), or the solicitation of purchase orders based on oral or
written quotations.
(b) Miami Beach-based vendor means a bidder that Q has a valid
business tax receipt issued by the City of Miami
Beach for at least one (1) year prior to the issuance of a Bid, which
authorizes said vendor to provide the subject goods and/or contractual
services, and ii has, for at least one (1) year prior to the issuance of a
Bid, its headquarters in the city, or has a place of business located in the
city at which it will produce the goods or perform the contractual services
to be purchased. The city manager shall administratively resolve any
issues relating to a vendor's status as a Miami Beach-based vendor, and
his/her decision on whether a vendor is a Miami Beach-based vendor shall
be final.
(2) Preference in purchase of goods or contractual services.
(a) Invitations to bid; oral or written requests for quotations. Except where
federal or state law mandates to the contrary, in the purchase of goods or
contractual services by means of an invitation to bid or pursuant to an oral
or written quotation, a preference will be given to a responsive and
responsible Miami Beach-based vendor, who is within five percent of the
lowest and best bidder, an opportunity of providing said goods or
contractual services for the lowest responsive bid amount. Whenever, as a
result of the foregoing preference, the adjusted prices of two or more
Miami Beach-based vendors constitute the lowest bid for a competitively
bid purchase, and such bids are responsive and otherwise equal with
respect to quality and service, then the award shall be made to the Miami
Beach-based vendor having the greatest number of its employees that are
Miami Beach residents. Whenever two or more Miami Beach-based
vendors have the same number of its employees that are Miami Beach
residents, then the award shall be made to the Miami Beach-based vendor
who is certified by Miami-Dade County as a minority or women business
enterprise.
(b) Requests for proposals; requests for qualifications; requests for letters of
interest, invitations to negotiate. The city commission, or the city manager
(in instances where such action has been delegated to the manager), in
considering, determining, and/or approving the evaluation methodology,
selection criteria, and/or other factors determined by the city to be
applicable in the recommendation and selection of proposers submitting
responses pursuant to an RFP, RFQ, er RFLI, or. ITN, as appropriate,
shall include (as part of such evaluation methodology, selection criteria,
and/or other applicable factors to be set forth and included within the RFP,
RFQ, or RFLI document) and give an additional five points (where the
evaluation methodology is based on a point system from 0-100 points),
or an additional five percent (where the evaluation methodology is based
on a percentage system from 0-100 percent), to proposers; which area
a Miami Beach-based vendor. The
additional points shall be applied by the City's procurement division to
Miami Beach-based vendors following the completion of the allocation of
Points by the evaluation committee.
(3) Comparison of qualifications.
The preferences established herein in no way prohibit the right of the city
manager and/or the city commission, as applicable, to compare quality of materials
proposed for purchase and compare qualifications, character, responsibility and fitness
of all persons, firms or corporations submitting bids. Further, the preferences
established herein in no way prohibit the right of the city manager and/or the city
commission, as applicable, from giving any other preference permitted by law in
addition to the preferences granted herein.
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of
the Code of the City of Miami Beach, Florida. The sections of this ordinance may be
renumbered or relettered to accomplish such intention, and the word "ordinance" may
be changed to "section", "article", or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for
any reason, held invalid or unconstitutional, such portion shall be deemed a separate,
distinct and independent provision and such holding shall not affect the validity or
constitutionality of the remaining portions of this Ordinance.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the 18th day of May 2013,
which is 10 days after adoption.
PASSED and ADOPTED this stn day of May , 2013.
Mayor
ATTEST:
INCORP ORATED:
ity Clerk ARCH 2�•
Letters or numbers that are stricken through are deletions from existing ordinance.
Letters or numbers that are underlined are additions to existing ordinance.
FA\HTTO\AGUR\RESOS-ORD\Local Preference Ordinance(Final 4-5-13).doc
APPROVED AS TO
FORM & LANGUAGE
A CUTION
4_c,- 0
Date
COMMISSION ITEM SUMMARY
Condensed Title:
Request Approval of Two (2) Ordinances Of The Mayor And City Commission Of The City Of Miami
Beach, Florida, Amending Procedures For Vendor Preference as Follows: (1) An Ordinance Of The
Mayor And City Commission Of The City Of Miami Beach, Florida, Amending Section 2-372 Of The
Miami Beach City Code, Entitled "Procedures To Provide Preference To Miami Beach-Based Vendors
In Contracts For Goods And Contractual Services," Specifically Amending Section 2-372(1)(B) And 2-
372(2)(6); And, (2) An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach,
Florida, Amending Section 2-374 Of The Miami Beach City Code, Entitled "Procedure To Provide
Preference To Veterans In Contracts For Goods And Contractual Services," Specifically Amending
Section 2-374 (2)(B); Providing For Codification, Repealer, Severability, And An Effective Date.
SECOND READING AND PUBLIC HEARING
Key Intended Outcome Supported:
Diversify Business Base in Miami Beach
Supporting Data (Surveys, Environmental Scan, etc.): 2009 Miami Beach Customer Survey
indicates 87% of businesses that rate the City of Miami Beach as one of the best, above average,
or average places to run a business.
Issue:
Whether the City Commission should pass and adopt both Ordinances?
Item Summa /Recommendation:
At the March 18, 2013 meeting of the Neighborhood/Community Affairs Committee following
discussion, a motion was approved to strengthen the Local and Veterans Preference Ordinances as
follows:
Local Preference Ordinance is recommended to be amended to:
• require that bidders and proposers claiming local preference have a valid business tax receipt
for at least one (1) year prior to the issuance of an invitation to bid, request for proposals,
request for qualifications, requests for letter of interest, invitations to negotiate, or written
requests for quotations (Bid); and
• require that bidders and proposers claiming local preference have, for at least one (1) year
prior to the issuance of a Bid, its headquarters in the City, or have a place of business located
in the City at which it will produce the goods or perform the contractual services to be
purchased.
Both Local and Veterans Preference Ordinances are recommended to be amended to:
• require that the preference, as stipulated in the ordinances, be applied by the Procurement
Division at the completion of the allocation of points by the evaluation committee; and
• restrict the preferences to only the applicable proposer or bidder.
The City Commission approved the Ordinances on first reading at the April 17, 2013 meeting.
Advisory Board Recommendation:
At the March 18, 2013 meeting of the Neighborhood/Community Affairs Committee following
discussion, a motion was made by Commissioner Libbin to strengthen the Local and Veterans
Preference Ordinances.
Financial Information:
Source of Amount Account Approved
Funds: 1
2
3
OBPI Total
City Clerk's Office Legislative Tracking:
Alex Denis, ext. 6641
Sign-Offs:
Department Director Assistavj City Manager ity Manager
AD KGB JLM
TAAGENDA\201 ay 8\Amendment to Local and Veterans P eference-Summary.docx
MIAMMEACH �►GENDA ITEM
_. DATE '�'
� MAMIBEACH
City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Membe s of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: May 8, 2013 SEC ND RE ING AND PUBLIC HEARING
SUBJECT: TWO (2) ORDINANCES OF THE MA OR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORI AMENDING PROCEDURES FOR
VENDOR PREFERENCE:
1. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING SECTION 2-372 OF
THE MIAMI BEACH CITY CODE, ENTITLED "PROCEDURES TO
PROVIDE PREFERENCE TO MIAMI BEACH-BASED VENDORS IN
CONTRACTS FOR GOODS AND CONTRACTUAL SERVICES;"
AMENDING SECTION 2-372(1)(b) THEREOF, TO REQUIRE THAT
MIAMI BEACH-BASED VENDORS HAVE A BUSINESS TAX RECEIPT
TO PROVIDE THE GOODS AND SERVICES REQUIRED UNDER A
SUBJECT CITY BID FOR AT LEAST ONE (1) YEAR PRIOR TO THE
ISSUANCE OF THE BID, AS WELL AS HAVE THEIR BUSINESS
HEADQUARTERS, OR AN OFFICE OF THE BUSINESS, WITHIN THE
CITY FOR A PERIOD OF AT LEAST ONE (1) YEAR PRIOR TO THE
ISSUANCE OF THE BID; AND AMENDING SECTION 2-372(2)(b) TO
LIMIT SUCH PREFERENCE ONLY TO PROPOSERS; PROVIDING
FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN
EFFECTIVE DATE.
2. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING SECTION 2-374 OF
THE MIAMI BEACH CITY CODE, ENTITLED "PROCEDURE TO
PROVIDE PREFERENCE TO VETERANS IN CONTRACTS FOR
GOODS AND CONTRACTUAL SERVICES"; BY AMENDING SECTION
2-374 (2)(b) TO LIMIT SUCH PREFERENCE ONLY TO PROPOSERS;
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND
AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The attached Ordinances was approved on first reading at the April 17, 2013 City Commission
meeting following the direction from the Neighborhood and Community Affairs Committee at their
March 18, 2013 meeting. Staff recommends approval of the proposed amendments on Second
Reading.
KEY INTENDED OUTCOME SUPPORTED
Diversify Business Base in Miami Beach.
Commission Memo Re Local and Veterans Preference Ordinances
May 8, 2013
Page 2 of 2
BACKGROUND
Both the City's Local Vendor Preference Ordinance No. 2011-3747 (Local Preference) and the
Military Veterans Vendor Preference Ordinance No. 2011-3748 (Veteran's Preference) were
passed and adopted on second reading by the Mayor and City Commission at its December 14,
2011 meeting.
At the January 16, 2013 City Commission meeting, Commissioner Libbin requested further
discussion to consider modification to the Local Preference and Veterans Preference Ordinances.
Accordingly, the discussion was referred to the Neighborhood/Community Affairs Committee.
At the March 18, 2013 meeting of the Neighborhood/Community Affairs Committee following
discussion, a motion was approved to strengthen the Local and Veterans Preference Ordinances as
follows:
Local Preference Ordinance
o To require that bidders and/or proposers (Bidders) claiming local preference have a
business tax receipt for at least one (1) year prior to the issuance of an invitation to bid,
request for proposals, request for qualifications, requests for letter of interest, invitations to
negotiate, or written requests for quotations (Bid); and
o For at least one (1) year prior to the issuance of a Bid, have its headquarters in the City, or
has a place of business located in the City, at which it will produce the goods or perform
the contractual services to be purchased.
Both Local and Veterans Preference Ordinances
o For the preference to be applied by the Procurement Division at the completion of the
allocation of points by the evaluation committee; and
o Restrict the preferences to only the applicable proposer or bidder.
The City Commission approved the aforementioned Ordinances on first reading at the April 17,
2013 meeting.
CONCLUSION
The Administration recommends that the City Commission adopt the attached Ordinances
amendin the City's Local and Veterans Preferences on second reading.
JLM/K /AD
Attach nt
T:\AGENDA\2013\May Mmendment to Local and Veterans Preference-Memo.docx