2013-3801 Ordinance ORDINANCE NO. 2013-3801
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.
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 2-374 of the Miami Beach City Code
is hereby amended as follows:
ARTICLE VI. PROCUREMENT
DIVISION 3. CONTRACT PROCEDURES
Sec. 2-374. - Procedure to provide preference to veterans 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 procedure established by the city through the
issuance of an invitation to bid (ITB), request for proposals (RFP), request for
qualifications (RFQ), request for letters of interest (RFLI), invitations to negotiate
I( TN), or the solicitation of purchase orders based on oral or written quotations.
(b) Certified service-disabled veteran business enterprise means an independently
owned and operated business, domiciled in Florida, and as further defined under
Section 295.187(3)(c) of the Florida Service-Disabled Veteran Business
Enterprise Opportunity Act, as same may be amended from time to time, that has
been certified by the Florida State Department Management Services to be a
service-disabled veteran business enterprise.
(c) Service-disabled veteran means a veteran who is a permanent Florida resident
with a service-connected disability, as determined by the United States
Department of Veterans Affairs, or who has been terminated from military service
by reason of disability by the United States Department of Defense.
(d) Service-disabled business enterprise means an independently owned and
operated business, domiciled in Florida, and as further defined in Section
295.187(3)(c) of the Florida Service-Disabled Veteran Business Enterprise
Opportunity Act, as same may be amended from time to time.
(e) Small business concerns owned and controlled by veterans means those
independently owned and operated small businesses, as defined in Section 502
of the Veterans Benefits, Health Care, and Information Technology Act of 2006,
as same may be amended from time to time, which are also domiciled in Florida,
and listed in the federal database of veteran-owned businesses.
(f) Veteran means a person who served in the active military, naval, or air service
and who was discharged or released therefrom under honorable conditions. For
purposes of this section, the definition of"veteran" shall adopt the same definition
as provided therefor in F.S. 4 1.01(14), as same may be amended from time to
time.
(2) Preference in purchase of goods or contractual services.
(a) ITBs and requests for oral or written qualifications. The city, when considering
two or more bids submitted pursuant to an ITB or an oral or written request for
quotations for the purchase of goods or contractual services shall give a
preference to a responsive and responsible bidder which is a small business
concern owned and controlled by a veteran(s) or which is a service-disabled
veteran business enterprise, and which is within five percent of the lowest and
best bidder, by providing such 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 bidders which are
a small business concern owned and'controlled by a veteran(s) or a service-
disabled veteran business enterprise constitute the lowest bid pursuant to an ITB
or oral or written request for quotation, and such bids are responsive, responsible
and otherwise equal with respect to quality and service, then the award shall be
made to the service-disabled veteran business enterprise.
(b) Request for proposals, request for qualifications, and request for letters of
interest, and 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, or RFLI, 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 points system from 0-
100 points), or an additional five percent (where the evaluation methodology is
based on a percentage system 0-100 percent), to proposers, which area
a small business concern owned and
controlled by a veteran(s) or a service-disabled veteran business enterprise. 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.
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(3) Comparison of qualifications.
The preferences established herein in no way prohibit the right of the city manager
and/or mayor and city commission, as applicable, to compare quality of goods and/or
contractual services 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 mayor and 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 ten
(10) days after adoption.
PASSED and ADOPTED this 8th da of May 2013.
ayor
ATTEST: INCORP ORATED'
City Clerk
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14NE I THURSDAY,APRIL 25,2013 IN
MIAMI BEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that a second reading and public hearing will be held by the Mayor and
City Commission of the City of Miami Beach,Florida,in the Commission Chambers,3rd Floor,City Hall,
1700 Convention Center Drive,Miami Beach,Florida,on Wednesday,May 8,2013 to consider the following:
10:15 a.m.
An Ordinance Amending Chapter 12 Of The Miami Beach Qty Code,Erdilled"Arts,Culture And Entertainment,"
By Amending Article I Thereof,Entitled"Film And Print Production Permits,"By Amending Section 10 Entitled
"Enforcement";And Providing For Repealer,Codilicaffon,Severabllity,kid An Effective Date.
Inquiries may be directed to the Tourism,Culture&Economic Development Department at(305)673-7577.
10:30 a.m.
An Ordinance Amending Chapter 10 Of The Miami Beach City Code Entitled"Animals,"By Amending Section
10-11,Entitled"Running At Large Prohibited;By Extending The Pilot Program Off-Leash Area For Dogs In
South Pointe Park Through And Including December 31,2013;By Amending The Afternoon Off-Leash Hours
In The Designated Area From Between 4.00 p.m.And 7:00 p.m.To Between 6:00 p.m.And 9:00 p.m.,
Monday Through Friday;And Relocating The Off-Leash Area From The Area South And East Of The Washington i
Avenue Entry Plaza To its Original Location In The Triangular Area South And West Of The Washington
Avenue Entry Plaza;Providing For Repealer;Severability;Codification;And An Effective Date.
Inquiries may be directed to the Parks&Recreation Department at(305)673-7730.
11:00 a.m.
Ordinances Amending Procedures For Vendor Preference
1. An Ordinance 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(1Hb)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 PnorToThe
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 Amending Section 2-374 Of The Miami Beach City Code,Entitled"Procedure To Provide
Preference To Veterans In Contracts For GoodsAnd Contractual Services;"ByAmending Section 2-374(2)(b)
To Limit Such Preference Only To Proposers; Providing For Codification, Repealer,Severability,And
An Effective Date.
Inquiries may be directed to the Procurement Department at(305)673-7490.
INTERESTED PARTIES are invited to appear at[his meeting,or be represented by an agent,or to express their
views in writing addressed to the City Commission,c/o the City Clerk,1700 Convention Center Drive,tat Floor,
City Hail,Miami Beach,Florida 33139.Copies of these items are available for public inspection during normal
business hours In the City Clerk's Office, 1700 Convention Center Drive,1st Floor,Qty Hall,Miami Beach,
Florida 33139.This meeting may be continued,and under such circumstances additional legal notice will not
be provided.
Rafael E.Granado,City Clerk
City of Miami Beach
Pursuant to Section 286.0105,Fla.Stat.,the City hereby advises the public that:if a person decides to appeal
any decision made by the City Commission with respect to any matter considered at its meeting or its hearing,
such person must ensure that a verbatim record of the proceedings is made,which record includes the
testimony and evidence upon which the appeal is to be based.This nolcs does not constitute consent by
the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it
authorize challenges or appeals not otherwise allowed by law.
To request this material in accessible format,sign language interpreters,information on access for persons
with disabilities-and/or any accommodation to review any document or participate in any City-sponsored
proceeding,please contact us live days in advance at(305)673-7411(voice)or TTY users may also call
the Florida Relay Service at 711.
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