2011-3747 Ordinance ORDINANCE NO. 2011-3747
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING 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
AMENDING SECTION 2-372 THEREOF; 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, on June 11, 2003, the Mayor and City Commission adopted, on
second and final reading, Ordinance No. 2003-3413, which created Section 2-372 of
the City Code, and established the City's local preference ordinance (the Ordinance);
and
WHEREAS, the Mayor and City Commission hereby find and determine that it is
in the best interest of the City to amend the Ordinance, by broadening its scope and
applicability to other City public procurement methods including, without limitation,
Requests for Proposals (RFP's), Requests for Qualifications (RFQ's), Requests for
Letters of Interest (RFLI's), and oral or written request for quotations.
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 gonecalcontractual 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, sh
requests for proposals (RFP), requests for qualifications (RFQ), requests for
letters of interest (RFLI), or the solicitation of purchase orders based on oral
or written quotations.
development
printed matter.
{d}(b) 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—s4124est goods and/or contractual 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 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) Exemptions
- -- - e - - - -- - --
- - - - -- - - --
services procured pursuant to Section 287.055, Florida Statutes.
{b-}(a) -- - - e - -- - - e - - - - -e e e-- e - - -
be accorded hereunder, to bids and/or the solicit ed award of a
(23) Preference in purchase of goods or oer4e.Fakontractual 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
afcontractual services by means of an Gompetitiveinvitation 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 (5%) of the lowest and best bidder, an opportunity of providing said
goods or "contractual 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. ( -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. The city commission, or the city manager (in instances where such action
has been delegated to the manager), in considerinq_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 (5) points (where the evaluation methodology is based on a points
system from 0 — 100 points), or an additional five percent (5%) (where the evaluation
methodology is based on a percentage system from 0 — 100%), to proposers, which
are, or include as part of their proposal team, a Miami Beach based vendor.
(36) Comparison of qualifications. The preferences established herein in no way
prohibit the right of the city manager and/or the mayor--a-Rd 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 and city commission, as applicable, from giving
any other preference permitted by law in addition toinstead 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 24th day of December , 2011,
which is 10 days after adoption.
PASSED and ADOPTED this 14th day of December , 2011.
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Mayor
ATTEST:
VO (AAA ^ :INCORP ORATED. * o
City Clerk ,ty
Letters or numbers that are stricken through are deletions from existing
ordinance.
Letters or numbers that are underlined are additions to existing ordinance.
APPROVED AS"f0
F.WTTO\AGUR\RESOS-ORD\Local Preference Ordinance(8-4-11).doc FORM &LANGUAGE
i FOR EXECUTION
0/, — (6^ 11_ I1
ci4,1 City Attome y (p. Date
COMMISSION ITEM SUMMARY
Condensed Title:
Vendor Preference Ordinances: 1) Amendment to Local Preference To Miami Beach-Based
Vendors In The Award Of Contracts For Goods And General Services; and 2) New Vendor
Preference In The Award Of Contracts For Goods And Contractual Services, To Florida Small
Businesses Owned And Controlled By Veterans And To State-Certified Service-Disabled Veteran
Business Enterprises. SECOND READING-PUBLIC HEARING.
Key Intended Outcome Supported:
Supports multiple KIO's.
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Issue:
Whether the City Commission should pass and adopt both Ordinances?
Item Summary/Recommendation:
The Mayor and City Commission, at its October 19, 2011 meeting, approved the attached
Ordinances on first reading and scheduled a second reading, and public hearing for December 14,
2011
Inasmuch as the amended Local Preference Ordinance and new Veterans' Preference Ordinances
will provide, respectively, a Miami Beach-based vendor, or a Florida small business-owned and
controlled by Veterans and State-certified service disabled veteran business enterprises (as defined
in the respective Ordinances), an opportunity to "match" the lowest responsive bid amount, there is
no expectation that the City will pay more for goods and contractual services.
The attached amendment to the City's existing Local Preference Ordinance expands the scope of
the current ordinance by broadening its scope and applicability to other City public procurement
methods including, without limitation, Requests for Proposals (RFP's), Requests for Qualifications
(RFQ's), Requests for Letters of Interest(RFLI's), and oral or written request for quotations.
It is important to note that neither the amended Local Preference Ordinance and new Veterans'
Preference Ordinances 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 person, firms or corporations submitting bids.
PASS AND ADOPT BOTH ORDINANCES ON SECOND READING— PUBLIC HEARING.
Advisory Board Recommendation:
The Neighborhoods/Community Affairs Committee (the Committee) at its October 6, 2011 meeting,
discussed the particulars of the Ordinances, and unanimously recommended approving both
Ordinances.
Financial Information:
Source of Amount Account Approved
Funds: 1
2
3
4
()BPI Total
Financial Impact Summary: None.
City Clerk's Office Legislative Tracking:
Gus Lopez, ext. 6641
Sign-Offs*-
Dep ent Director A -..j City Manager City Manager
GL PDW J MG 41111111�
T\AGENDA\2 1\12-14-11\2012-commissioner.dates-SUM..oc
MIAMIBEACH AGENDA ITEM RS-C--
DATE 11-1(1-
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO. Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: December 14, 2011 S • D- ADING — PUBLIC HEARING
SUBJECT. TWO (2) ORDINANCES OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING PROCEDURES FOR
VENDOR PREFERENCE:
1. AN ORDINANCE AMENDING 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 AMENDING SECTION
2-372 THEREOF; PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY, AND AN EFFECTIVE DATE.
2. AN ORDINANCE IMPLEMENTING PROCEDURES TO PROVIDE A
VENDOR PREFERENCE IN THE AWARD OF CONTRACTS FOR
GOODS AND CONTRACTUAL SERVICES, TO FLORIDA SMALL
BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO
STATE-CERTIFIED SERVICE-DISABLED VETERAN BUSINESS
ENTERPRISES 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 2-374; PROVIDING FOR CODIFICATION,
REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Pass and Adopt the Ordinances on Second Reading after Public Hearing.
BACKGROUND
The Mayor and City Commission at its September 14, 2011 meeting, referred Agenda
Item R9D, to the Neighborhood/Community Affairs Committee for a discussion
regarding two (2) Ordinances proposed by Commissioner Jerry Libbin, amending
certain procedures to provide local preference to Miami Beach-based vendors in the
award of contracts for goods and general services, and creating a new preference for
Florida small business owned and controlled by veterans and to state certified service
disabled veteran business enterprises.
Commission Memo Re Local Preference Ordinance
December 14, 2011
Page 2 of 4
The Neighborhoods/Community Affairs Committee (the Committee) at its October 6,
2011 meeting, discussed the particulars of the Ordinances, and conducted a question
and answer session with Deputy Chief Attorney Raul Aguila, and Procurement Director
Gus Lopez. The Committee unanimously recommended approving both Ordinances.
The Mayor and City Commission at its October 19, 2011 meeting, approved the
attached Ordinances on first reading, and scheduled a second reading, and public
hearing for December 14, 2011.
FISCAL IMPACT
Inasmuch as the amended Local Preference Ordinance and new Veteran's Preference
Ordinances will provide a Miami Beach-based vendor, or a Florida small business-
owned and controlled by veterans and State-certified service disabled veteran business
enterprises (as defined in the respective Ordinances) an opportunity to "match" the
lowest responsive bid amount, there is no expectation that the City will pay more for
goods and contractual services.
ANALYSIS: RE LOCAL PREFERENCE
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.
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.
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 goods
and/or contractual 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 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.
A local preference ordinance will not necessarily result in the City paying more for
goods and contractual 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% or 5 points of the low bid. The basic tenet of public procurement
of ensuring maximum competition will remain intact by requiring competitive bids.
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.
Commission Memo Re Local Preference Ordinance
December 14, 2011
Page 3 of 4
The attached Ordinance broadens the scope of the current Local Preference Ordinance
by broadening its scope and applicability to other City public procurement methods
including, without limitation, Requests for Proposals (RFP's), Requests for
Qualifications (RFQ's), Requests for Letters of Interest (RFLI's), and oral or written
request for quotations.
It is important to note that the Local Preference established in the attached Ordinance in
no way prohibits 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 person, 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.
ANALYSIS RE: VETERANS PREFERENCE
In order to increase contracting opportunities for small business concerns owned and
controlled by veterans, Section 502 of the "Veterans Benefits, Health Care, and
Information Technology Act of 2006" (the Federal Act) allows for certain preferences in
the award of contracts to such small business concerns, if the small business and the
veteran owner are listed in the federal Database of Veteran-Owned Businesses.
Section 295.187, Florida Statutes, also referred to as the "Florida Service-Disabled
Veteran Business Enterprise Opportunity Act" (the State Act), permits State agencies,
when considering two or more bids, proposals, or replies for the procurement of goods
or contractual services, at least one of which is from a State-certified service-disabled
veteran business enterprise, that are equal with respect to all relevant considerations,
including price, quality, and service, to award such procurement or contract to the
State-certified service-disabled veteran business enterprise. The State Act also
encourages political subdivisions of the State of Florida to offer similar consideration to
businesses certified under the Act.
The Mayor and City Commission desires to honor the extraordinary service rendered to
the United States by veterans with disabilities incurred or aggravated in the line of duty
during active service with the U.S Armed Forces.
It is the intent of the Veterans Preference Ordinance to apply similar requirements, as
set forth and allowed under the respective provisions of the Federal and State Acts, to
the City of Miami Beach, in order to rectify the economic disadvantage of veterans and
service-disabled veterans, who are statistically the least likely to be self-employed when
compared to the population as a whole, and who have made extraordinary sacrifices on
behalf of the nation, by providing opportunities for small businesses in Florida owned
and controlled by veterans, and which are listed in the federal database of veteran-
owned businesses, and State-certified service-disabled veteran business enterprises,
preference in the award of contracts for goods and contractual services.
Commission Memo Re Local Preference Ordinance
December 14, 2011
Page 4 of 4
It is important to note that the Veterans' Preferences established herein 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. 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.
CONCLUSION
The Mayor and City Commission hereby find and determine that it is in the best interest
of the City to amend the City's Local Preference Ordinance, by broadening its scope
and applicability to other City public procurement methods including, without limitation,
Requests for Proposals (RFP's), Requests for Qualifications (RFQ's), Requests for
Letters of Interest (RFLI's), and oral or written request for quotations.
Additionally, the Mayor and City Commission hereby find and determine that it is in the
best interest of the City to adopt a Veterans' Preference Ordinance, and applying said
preference all City public procurement methods including, without limitation, Requests
for Proposals (RFP's), Requests for Qualifications (RFQ's), Requests for Letters of
Interest (RFLI's), and oral or written request for quotations.
The Administration recommends that the City Commission adopt the attached
Ordinances following second reading and public hearing.
T\AGENDA\2011\12-14-11\LocalPreferenceOrdinanceMemo docx
m MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION 201, MEMORANDUM
TO: Jorge Gonzalez, City Manager
FROM: Jerry Libbin, Commissioner
DATE: October 17, 2011
SUBJECT: Agenda item for the October 19th, 2011 Commission Meeting
FOLLOWING REFERRAL OF THIS ITEM AT THE SEPTEMBER 14, 2011 CITY
COMMISSION MEETING, THE NEIGHBORHOODS/COMMUNITY AFFAIRS
COMMITTEE, AT ITS OCTOBER 6, 2011 MEETING, CONSIDERED AND
RECOMMENDED THE FOLLWING TWO (2) PROPOSED ORDINANCES
SPONSORED BY COMMISSIONER LIBBIN:
1. AN ORDINANCE AMENDING THE CITY'S EXISITNG LOCAL PREFERENCE ORDINANCE, AS
CODIFIED IN SECTION 2-372 OF THE CITY CODE, EXTENDING THE PREFERENCE AVAILABLE TO
MIAMI BEACH-BASED VENDORS BIDDING ON CITY CONTRACTS, TO REQUEST FOR
PROPOSALS AND REQUESTS FOR QUALIFICATIONS; AND
2. AN ORDINANCE, CREATING A NEW CODE SECTION, SECTION 2-374, PROVIDING A
PREFERENCE TO VETERANS AND SERVICE DISABLED VETERANS BIDDING ON CITY
CONTRACTS FOR GOODS AND SERVICES.
THE ORDINANCES ARE ATTACHED IN FULL. IT IS REQUESTED THAT THE
CITY COMMISSION ADOPT BOTH ORDINANCES, ON FIRST READING, AND —IF
SO APPROVED—SCHEDULE A SECOND AND FINAL READING AND PUBLIC
HEARING.
Please contact my office at ext. 7106 if you have any questions.
JL/er
Attachment
12NE I THURSDAY, NOVEMBER 24,2011 NE
m MIAMIBEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that second readings and public hearings 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,December 14,2011 to consider the
following:
10:15 a.m.
Ordinance Deleting Section 2-27 Of The Miami Beach Code, Entitled
"Commission Committee Draft Minutes-City Commission Approval;"Creating
A New Section 2-13 Of The City Code,Entitled"Commission Committee Draft
Minutes-City Commission Approval
Inquiries may be directed to the Legal Department at(305)673-7470.
10:20 a.m.
Ordinance Amending Chapter 2,Article III,Division 26,Sections 2-190.107 And
2-190.110 Of The City Code,Establishing The City's Community Development
Advisory Committee, To Amend The City Affiliation Requirements For
Membership On The Community Developmentldvisory Committee.
Inquiries may be directed to the Real Estate,Housing&Community Development
at(305)673-7260
x 10:25 a.m.
Zrdinance Amending 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
Amending Section 2-372 Thereof
Inquiries may be directed to the Procurement Division at(305)673-7490.
10:25 a.m.
Ordinance Implementing Procedures To Provide A Vendor Preference In
The Award Of Contracts For Goods And Contractual Services, To Florida
Small Businesses Owned And Controlled By Veterans And To State-Certified
Service-Disabled Veteran Business Enterprises 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 2-374
Inquiries may ba directed to the Procurement Division at(305)673-7490
'INTERESTED PARTIES are invited to appear at this 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,1st Floor,City
Hall,Miami Beach,Florida 33139 Copies of these ordinances are available for
public inspection during normal business hours in the City Clerk's Office,1700
Convention Center Drive,1st Floor,City Hall,and Miami Beach,Florida 33139
This meeting may be continued and under such circumstances additional legal
notice would not be provided
Robert E Parcher,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 notice 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(305)604-2489(voice),(305)673-7218(TTY)five days in advance to
IInitiate your request TTY users may also call 711(Florida Relay Service)
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