2017-4091 OrdinanceORDINANCE NO.
2017 -4091
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH RELATING TO THE PROCEDURES TO
PROVIDE A VENDOR PREFERENCE IN THE AWARD OF
CONTRACTS FOR. GOODS AND CONTRACTUAL
SERVICES, TO SMALL BUSINESSES OWNED AND
CONTROLLED BY VETERANS OR STATE- CERTIFIED
SERVICE - DISABLED VETERAN BUSINESS ENTERPRISES,
BY AMENDING CHAPTER 2, ENTITLED,
"ADMINISTRATION," BY AMENDING ARTICLE VI,
ENTITLED, "PROCUREMENT," BY AMENDING DIVISION
3, ENTITLED, "CONTRACT PROCEDURES," BY
AMENDING SECTION 2 -374, ENTITLED, "PROCEDURE TO
PROVIDE PREFERENCE TO VETERANS IN CONTRACTS
FOR GOODS AND CONTRACTUAL SERVICES," BY
CREATING A SUBSECTION 4 THEREOF, TO DELEGATE
TO THE CITY MANAGER THE AUTHORITY TO WAIVE
THE REQUIREMENTS OF SECTION 2 -374 IF THE CITY
MANAGER FINDS SUCH A WAIVER TO BE REQUIRED
FOR FEDERAL, STATE OR MIAMI -DADE COUNTY
FUNDING ELIGIBILITY PURPOSES; PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY, AND AN
EFFECTIVE DATE.
WHEREAS, on December 14, 2011, the City adopted City Ordinance No. 2011- 3748,
codified in Section 2 -374 of the City Code, in order to increase contracting opportunities for
small business concerns owned and controlled by veterans or certified service - disabled veteran
business enterprises, consistent with Section 502 of the "Veterans Benefits, Health Care, and
Information Technology Act of 2006" (the Federal Act), which allows for certain preferences in
the award of contracts to such small business concerns, and Section 295.187 of the Florida
Statutes; and
WHEREAS, from time to time, the City applies for Federal, State or Miami -Dade County
funding in support of various capital projects in the best interests of the City, and such grants are
often contingent on the City's compliance with the grantor agency's requirements; and
WHEREAS, notwithstanding that Federal and State laws encourage municipalities to
support veterans and service - disabled veterans, and the strong public policy interests for
providing a veterans preference in connection with the procurement of goods and services, the
Florida Department of Transportation ( "FDOT ") has interpreted the City's veterans preference
procedure as being somehow in conflict with Federal grant requirements, and FDOT has
therefore requested that the City either waive the provisions of Section 2 -374 of the City Code, or
forego millions in Federal funding that the City is otherwise eligible for; and
WHERAS, the City desires to amend Section 2 -374 to delegate to the City Manager the
authority to waive the requirements of Section 2 -374, if such waiver is required for Federal, State,
or Miami -Dade County funding eligibility purposes.
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 to create a new Section 2- 374(4) 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), 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
(f)
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.
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 or contractual services.
(3)
(a) ITS's and requests for oral or written qualifications. The city, when considering
two (2) or more bids submitted pursuant to an ITS 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 ITS 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 invitation 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 (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. The additional points shall be applied by the city's
procurement division of Miami Beach -based vendors following the completion of
the allocation of points by the evaluation committee.
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 Commission, as applicable, from giving any
other preference permitted by law in addition to the preferences granted herein.
(4) The City Manager may waive the requirements of this section if the City Manager finds
such a waiver to be required for Federal, State, or Miami -Dade County funding eligibility
purposes.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
SECTION 3. SEVERABILITY.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
SECTION 4. 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 a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re- lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten (10) days after its adoption.
PASSED and ADOPTED this o1�i day of /d,Dr/ /
ATTEST:
, 2017.
RA'AEL . GRANADO, C
Underline denotes additions
Strikethrough denotes deletio
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
(Sponsored by City Commissions
F: \ATTO \PAZR \2011 -3748 Ordinance veterans word 03 15 17.docx
15-(7
City Attorney 62., F,i Pate
MIAM
BEACH
Ordinances - R5 0
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: April 26, 2017
2:10 p.m. Second Reading Public Hearing
SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH RELATING TO THE PROCEDURES TO PROVIDE A
VENDOR PREFERENCE IN THE AWARD OF CONTRACTS FOR GOODS
AND CONTRACTUAL SERVICES, TO SMALL BUSINESSES OWNED AND
CONTROLLED BY VETERANS OR STATE - CERTIFIED SERVICE -
DISABLED VETERAN BUSINESS ENTERPRISES, BY AMENDING
CHAPTER 2, ENTITLED, "ADMINISTRATION," BYAMENDING ARTICLE VI,
ENTITLED, "PROCUREMENT," BY AMENDING DIVISION 3, ENTITLED,
"CONTRACT PROCEDURES," BYAMENDING SECTION 2- 374, ENTITLED,
"PROCEDURE TO PROVIDE PREFERENCE TO VETERANS IN
CONTRACTS FOR GOODS AND CONTRACTUAL SERVICES," BY
CREATING A SUBSECTION 4 THEREOF, TO DELEGATE TO THE CITY
MANAGER THE AUTHORITY TO WAIVE THE REQUIREMENTS OF
SECTION 2-374 IF THE CITY MANAGER FINDS SUCH A WAIVER TO BE
REQUIRED FOR FEDERAL, STATE OR MIAMI -DADE COUNTY FUNDING
ELIGIBILITY PURPOSES; PROVIDING FOR CODIFICATION, REPEALER,
SEVERABI LITY, AND AN EFFECTIVE DATE.
RECOMMENDATION
Adopt the amended Ordinance.
ANALYSIS
On December 14, 2011, the City adopted City Ordinance No. 2011-3748, codified in Section
2 -374 of the City Code, in order to increase contracting opportunities for small business
concerns owned and controlled by veterans or certified service - disabled veteran business
enterprises, consistent with Section 502 of the "Veterans Benefits, Health Care, and
Information Technology Act of 2006" (the Federal Act), which allows for certain preferences in
the award of contracts to such small business concerns, and Section 295.187 of the Florida
Statutes. From time to time, the City applies for Federal, State or Miami -Dade. County funding
in support of various capital projects in the best interests of the City, and such grants are often
contingent on the City's compliance with the grantor agency's requirements.
Page 986 of 1596
Notwithstanding that Federal and State laws encourage municipalities to support veterans and
service-disabled V8to[8nS, and the strong public policy interests for providing a veterans
preference in connection with the procurement of goods and services, the Florida Department
of Transportation ("FDOT") has interpreted the City's veterans preference procedure as being
somehow in conflict with Federal grant requirements, and FDOT has therefore requested that
the City either waive the provisions of Section 2-374 of the City Code, or forego millions of
dollars in Federal funding that the City is otherwise eligible h][ Therefore, the City desires to
amend Section 2-374 to delegate to the City Manager the authority to waive the requirements of
Section 2-374, if such waiver is required for Federal, State, or Miami-Dade County funding
eligibility purposes.
CONCLUSION
The City Manager recommends that the Mayor and City Commission adopt the attached
Ordinance amending the vendor preference in the award of contracts for goods and contractua
services, to small businesses owned and controlled by veterans or state-certified service-
disabled veteran business enterprises.
Legislative Tracking
Procurement
Sponsor
Commissioner John Elizabeth Aleman
ATTACHMENTS:
Description
D Ordinance
Page 987 of 1596