2003-3413 OrdinanceORDINANCE NO. 2003-3413
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, IMPLEMENTING PROCEDURES TO PROVIDE
LOCAL PREFERENCE TO MIAMI BEACH-BASED VENDORS IN THE
AWARD OF CONTRACTS FOR GOODS AND GENERAL SERVICES, BY
AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH
ENTITLED, "ADMINISTRATION," BY AMENDING ARTICLE VI THEREOF
ENTITLED, "PROCUREMENT," BY AMENDING DIVISION 3 ENTITLED,
"CONTRACT PROCEDURES," BY CREATING SECTION 2-372; PROVIDING
FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE
DATE.
WHEREAS, pursuant to Section 287.084, Florida Statutes, entitled Preference to
Florida businesses, municipalities may award a preference to the lowest responsible
bidder having a principal place of business within this state; and
WHEREAS, a local preference to Miami Beach-based vendors will recycle public
funds back into the local economy; and
WHEREAS, Miami Beach-based vendors, as taxpayers, have given to the
community by providing economic development and creating employment
opportunities; and
WHEREAS, a local preference to Miami Beach-based vendors would help the
local economy by providing an infusion of capital into locally-based businesses, thus
providing greater relief to the City's businesses and the resident workforce; and
WHEREAS, a local preference ordinance will not result in the City paying more
for goods and services, since it provides Miami Beach-based vendors with the
opportunity of providing the goods and services at the same cost as the lowest bid
received; and
WHEREAS, the basic tenet of public procurement of ensuring maximUm
competition will remain intact by requiring competitive bids.
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 of the Miami Beach City Code is
hereby amended creating a new section 2-372 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 general 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. The term "bid," as used herein, shall not include
requests for proposals, requests for qualifications, requests for letters of
interest, or the solicitation of purchase orders based on oral or written
quotations.
(b) General services means support services performed by an independent
contractor requiring specialized knowledge, experience, or expertise that
includes, but is not limited to, pest control, janitorial, laundry, catering,
security, lawn maintenance and maintenance of equipment, framin.q, and film
development.
(c) Goods includes, but is not limited to, supplies, equipment, materials and
printed matter.
(d) Miami Beach-based vendor means a bidder that has a valid occupational
license issued by the City of Miami Beach, which authorizes said vendor to
provide the subject goods and/or services, and has 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 services to be purchased. The City Manaqer shall
administratively resolve any issues relating to a vendor's status as a Miami
Beach-based vendor, and his decision on whether a vendor is a Miami
Beach-based vendor shall be final.
(2) Exemptions.
(a) The provisions of this section, shall not apply, and no local preference shall
be accorded hereunder, to bids or proposal procedures for professional
services, which are defined, for purposes of this section, as any services
where the City is obtaining advice, instruction, or specialized work from an
individual, firm, or corporation specifically qualified in a particular area, and
also those services procured pursuant to Section 287.055, Florida Statutes.
(b) The provisions of this section shall not apply1 and no local preference shall be
accorded hereunder, to bids and/or the solicitation or proposed award of a
purchase order based on an oral or written quotation for the purchase of, or
contract for, the construction/renovation of public buildinqs, facilities, public
works, or other public capital construction projects.
(3) Preference in purchase of qoods or genera/services. Except where federal or state
law mandates to the contrary, in the purchase of goods or general services by means of
a competitive bid, a preference will be given to a responsive and responsible Miami
Beach-based vendor, who is within 5% of the lowest and best bidder, an opportunity of
providing said goods or general services for the lowest responsive bid amount.
(4) Whenever, as a result of the foregoing preference, the adjusted prices of two (2) 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.
(5) Whenever, two (2) 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.
(6) Comparison of qualifications. The preferences established herein in no way prohibit
the right of the City Manaqer and/or the Mayor and City Commission, as applicable, to
compare quality of materials proposed for purchase and compare qualifications,
character, responsibility and fitness of all person, 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 instead of 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 21st
which is 10 days after adoption.
day of June ., 2003,
PASSED and ADOPTED this llth day of June ,2003.
\/I C~-- Ma~or
Letters or numbers that are stricken through are deletions from existing
ordinance.
Letters or numbers that are underlined are additions to existing ordinance.
T:~AGENDA~2003\apr0903\regular\LocalPreference.doc
APPROVED A~ TO
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CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
Condensed Title:
the Award of Contracts for Goods and General Services.
An Ordinance that Implements Procedures to Provide Local Preference to Miami Beach-Based Vendors in
Issue:
Shall the Ordinance be adopted on second reading after public hearing approved on first reading?
Item Summary/Recommendation:
A preference will be given to a responsive and responsible Miami Beach-based vendor, the opportunity to
)rovide the goods and services at the same cost as the lowest bid received. The Miami Beach-based
vendor will be provided an opportunity to "match" the lowest bid if their bid is within 5% of the Iow bidder.
Local preference will not be applied to bids or proposal procedures for professional services, which are
defined, for purposes of this Ordinance, as any services where the City is obtaining advice, instruction, or
specialized work from an individual, firm, or corporation specifically qualified in a particular area, and also
those services procured pursuant to Section 287.055, Florida Statutes. And will not apply to the
construction/renovation of public buildings, facilities, public works, or other public capital construction
:)rojects.
The Mayor and City Commission at its May 21,2003 meeting, approved the Local Preference Ordinance
on first reading. The Administration recommends that the City Commission adopt the Ordinance on
second reading after public hearing.
Advisory Board Recommendation:
I The Community Affairs Committee recommended the approval of the local preference Ordinance.
Financial Information:
Source of Amount Account Approved
Funds: I N/A
2
3
4
Finance Dept. Total
City Clerk's Office Legislative Tracking:
I Gus Lopez, Procurement
~l~n-~Jll~;
De~ment Director Assistant City Manager City Manager
GL M D ~,~,4~.~4;- JMG
jun1103~.egula~S um ma~t.ocalPreference, doc
AGENDA ITEM
DATE,
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 · ~
www.miamibeachfl.gov ~
To:
COMMISSION MEMORANDUM
Mayor David Dermer and
Members of the City Commission
From: Jorge M. Gonzalez
City Manager
Date: June 11,2003
SECOND READING - PUBLIC HEARING
Subject:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CiTY
OF MIAMI BEACH, FLORIDA, IMPLEMENTING PROCEDURES TO
PROVIDE LOCAL PREFERENCE TO MIAMI BEACH-BASED VENDORS IN
THE AWARD OF CONTRACTS FOR GOODS AND GENERAL SERVICES,
BY AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI
BEACH ENTITLED, "ADMINISTRATION," BY AMENDING ARTICLE VI
THEREOF ENTITLED, "PROCUREMENT," BY AMENDING DIVISION 3
ENTITLED, "CONTRACT PROCEDURES," BY CREATING SECTION 2-
372; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND
AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance.
ANALYSIS
Miami Beach-based vendors, as taxpayers, have given to the community by providing
economic development and creating employment opportunities. A local preference to
Miami Beach-based vendors would help the local economy by providing an infusion of
capital into locally based businesses, thus providing greater relief to the City's businesses
and the resident workforce. It is anticipated that a local preference to Miami Beach-based
vendors will recycle public funds back into the local economy.
The term "Miami Beach-based vendor" means a bidder that has a valid occupational
license issued by the City of Miami Beach, which authorizes said vendor to provide the
subject goods and/or services, and has 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 services to be
purchased.
A local preference ordinance will not necessarily result in the City paying more for goods
and services, since it provides Miami Beach-based vendors with the opportunity of
providing the goods and services at the same cost as the lowest bid received. In other
words, they will be provided an opportunity to "match" the lowest bid if their bid is within 5%
of the Iow bid. The basic tenet of public procurement of ensuring maximum competition
will remain intact by requiring competitive bids.
Local preference will not be applied to bids or proposal procedures for professional
services, which are defined, for purposes of this Ordinance, as any services where the City
is obtaining advice, instruction, or specialized work from an individual, firm, or corporation
specifically qualified in a particular area, and also those services procured pursuant to
Section 287.055, Florida Statutes. And will not apply to the construction/renovation of
public buildings, facilities, public works, or other public capital construction projects.
Applicability. Preference in purchase of goods or general services by means of a
competitive bid, a preference will be given to a responsive and responsible Miami Beach-
based vendor, who is within 5% of the lowest and best bidder, an opportunity of providing
said goods or general services for the lowest responsive bid amount.
Tie Breaking Criteria. Whenever, as a result of the foregoing preference, the adjusted
prices of two (2) 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 will be made to the Miami Beach-based vendor
having the greatest number of its employees that are Miami Beach residents. Whenever,
two (2) 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.
Review of Past Contract Awards, A review of more than 90 formal bid awards presented
to the City Commission in the past two years for goods or general services that would be
covered by the proposed local preference Ordinance, resulted in the applicability of the
proposed Ordinance on one bid - the purchase and installation of 23 commercial air
conditioning units for the Miami Beach Convention center. Refri-Cool Appliance and A/C
Supplies located at 1743 Bay Road, Miami Beach, submitted a bid in the amount of
$175,719. The Iow bidder and contract awarded vendor, Edd Helms Electric, located in
Miami, submitted a bid in the amount of $173,581. Therefore, had the proposed local
preference Ordinance been in effect in 2001, Refri-Cool's bid, which was within 5% of the
lowest bidder, would have been afforded an opportunity to match the lowest bid amount.
Other Governmental Agencies' Local Preference. A survey of 112 cities and 51
counties throughout the United States resulted in more than 20 governmental agencies
with a local preference program. See attached survey entitled "Survey on Local
Preference and Recycled Products". Locally, the following agencies have adopted a local
preference:
Miami-Dade County: Local bidders that fall within 5% are requested to re-submit their
best and final offer.
City of Miami: Local bidders that fall within 10% are offered the opportunity to match
lowest non-local bid amount.
City of North Miami: Local bidders that fall within 10% of the Iow bidder are awarded the
contract.
City of Hollywood: Local bidders received 5% preference up to $100,000, and 2%
preference if over $100,000.
City of Homestead: Local bidders that fall within 5% of the Iow bidder are awarded the
contract.
Key West: Local bidders that fall within 5% of the Iow bidder are awarded the contract.
Miami Beach Chamber of Commerce Survey. The Miami Beach Chamber of Commerce
conducted a survey of its members that resulted in the following:
1. Are you currently providing goods or services to the City?
Yes - 67%
No - 33%
2. If you're currently not providing goods or services to the City, is your business
interested in doing business with the City in the near future?
Yes - 100%
No - 0%
3. Would a local preference to Miami Beach vendors make a difference in your decision to
do business with the City?
Yes - 77%
No - 23%
4. Have you ever been affected adversely by another governmental agency's local
preference policy?
Yes - 84%
No -17%
Comparison of Qualifications. The local preference established in the attached
Ordinance in no way prohibit the right of the City Manager and/or the Mayor and City
Commission, as applicable, to compare quality of materials proposed for purchase and
compare qualifications, character, responsibility and fitness of all person, firms or
corporations submitting bids.
The Mayor and City Commission at its May 21, 2003 meeting, approved the attached
Ordinance on first reading and scheduled a second reading, public hearing for June 11,
2003. The Administration will present a report to the City Commission one year after the
effective date of the attached Ordinance.
The Administration recommends that the City Commission adopt the attached Ordinance
upon second reading and public hearing.
T:~.GENDA~2003~jun1103~regular~Local. Preference'd°c
ANT1CLE I',/, 'CON[NTIONAI. USE PROCEOOBE,' 6¥ AME~DINO SECTION 118-193 TO AMEND THE
REQUINED TIME FRAME TO OBTAIN A BUILDING P~RMtT ~D THE PR(X;EDURES FOR OBTAINING AN
EXTENSION O~ TIME: BY AMENOING ARllCLE VI, "DESIGN ~EVEW PROCEDURES," BY AMENDING
SECTION 118-258 TO NJEND THE REQUIRED TIMEFIU.UE TO OBTAIN A BUILDING PERUIT ~D THE
PROCEDURES FOR OBTNNING AN EXTENSION OF TIME', BY AMENDING ARqlCLE Viii, "I~OCEDURE
.EOR VARIANCES AND ADMINISIRATM~ AI3PrcN. S," BY ~ENDING ,SEC~ON 118-355 TO AMEND ~E
~E~IINEO TIME]:RAME TO OBTAIN A BUILDING PERUfl AND THE PROCEDUFES FOR OBTAINING AN
EXTENSION OF TIME; BY ANIENDING ARTICLE X; "HISTORIC PRESEIWATION", BY ANIENOIN6 SECTION
118-532 TO AM~D THE REQUIRED TIMEFRAME TO OBTAIN A BUILDING PERMIT AND THE
PROCEDURES FOR OBTAINING AN EXTI~ON OF TIME; ~RO~DING FOR ~, CO01RCATION,
SEVTRA6UTY AND AN EFFEC'flVE DA'~.
exT~ss their views in w~ ad~ to 1he Ci~ C°mmiss~°n, c/° the r~ Qed~ 1700 C(me~i°n