2011-3748 Ordinance ORDINANCE NO. 2011-3748
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, 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.
WHEREAS, 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; and
WHEREAS, 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; and
WHEREAS, the State Act also encourages political subdivisions of the State of Florida
to offer similar consideration to businesses certified under the Act; and
WHEREAS, 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 armed forces; and
WHEREAS, accordingly, it is the intent of the Mayor and City Commission 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, the State of Florida, and the public, 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; and
WHEREAS, the following ordinance will not result in the City paying more for goods and
services, since it provides eligible veterans and service-disabled veterans with the opportunity of
providing such 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 2-374 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:
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), or the solicitation of purchase orders
based on oral or written quotations.
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.
,(c1 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.
LQ 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
2
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 Section 1.01(14), Florida Statutes, as same may be amended
from time to time.
(2) Preference in purchase of goods or contractual services.
(a) ITB's and requests for oral or written qualifications. The city, when considering
two (2) 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 (5%) 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 (2) 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. 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
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 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 small business concern owned and controlled by a veteran(s) or a
service-disabled veteran business enterprise.
(3) Comparison of qualifications.
The 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 goods and/or
contractual services 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
I Commission, as applicable, from giving any other preference permitted by law in addition to the
preferences granted herein.
3
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 ten
(10) days after adoption.
PASSED and ADOPTED this 14th day of December , 2011.
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Letters or numbers that are stricken through are deletions from existing ordinance.
Letters or numbers that are underlined are additions to existing ordinance.
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APPROVED AS TO
FORM & LANGUAGE
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12NE 1 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. I
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 DevelopmenAdvisory Committee
Inquiries maybe directed tote Real Estate,Housing&Community Development
at(305)673-7260
10:25 a.m.
3fdinance 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.
i
V 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 be 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 so 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 Percher,City Clerk
City of Miami Beach
Pursuant to Section 286.0105,Fla Stet,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(1 Y)five days in advance to
Ihiitiate your request TTY users may also call 711 (Florida Relay Service)
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