Resolution 2021-31779 2021-31779
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, IN LIGHT OF BEN & JERRY'S
HOMEMADE HOLDINGS INC.'S ("BEN & JERRY'S") DECISION TO NO
LONGER SELL ITS PRODUCTS IN PARTS OF ISRAEL; DIRECTING
THE CITY ADMINISTRATION TO (1) TAKE ANY AND ALL
APPROPRIATE STEPS TO ENSURE COMPLIANCE WITH SECTION
287.135 OF THE FLORIDA STATUTES AND SECTION 2-375 OF THE
CITY CODE, WHICH WOULD PROHIBIT THE CITY FROM DOING
BUSINESS WITH ANY COMPANY THAT ENGAGES IN A BOYCOTT OF
ISRAEL, (2)WORK WITH THE CITY ATTORNEY'S OFFICE TO REVIEW
ANY CURRENT OR PROPOSED CONTRACTS WITH UNILEVER PLC,
THE PARENT COMPANY OF BEN & JERRY'S, TO ENSURE
COMPLIANCE WITH STATE LAW AND THE CITY CODE, AND (3)
EVALUATE WHETHER THE FOREGOING CONDUCT WOULD
PROHIBIT THE CITY FROM HOLDING INVESTMENTS IN UNILEVER,
PLC AND ITS RELATED ENTITIES, OR REQUIRE ANY DIVESTMENT
THEREOF.
WHEREAS, on July 19, 2021, Ben & Jerry's Homemade Holdings Inc. ("Ben &
Jerry's") a Vermont-based ice cream brand owned by British multinational consumer
goods company Unilever PLC, announced that it would no longer sell its products in parts
of Israel; and
WHEREAS, Section 287.135, Florida Statutes, prohibits state agencies and local
governments from contracting with companies for goods or services in any amount if at
the time of bidding on, submitting a proposal for, or entering into or renewing a contract if
the company is on the Scrutinized Companies that Boycott Israel List, created pursuant
to Section 215.4725, Fla. Stat. or is engaged in a boycott of Israel; and
WHEREAS, Section 2-375 of the City Code provides that the City shall not procure
goods or services from, or otherwise contract with, a business which engages in the
boycott of a nation or country, or which engages in a boycott based on race, color, national
origin, religion, sex, intersexuality, gender identity, sexual orientation, marital or familial
status, age, or disability; and
WHEREAS, as Ben & Jerry's recent decision to stop selling its products in parts
of Israel falls under the definition of a "boycott" in Section 287.135, Fla. Stat., and Section
2-375 of the City Code, the Mayor and City Commission desire to direct the Administration
to take any and all appropriate steps to ensure compliance with both State law and the
City Code, and not enter into any agreements with Ben & Jerry's, or procure any Ben &
Jerry's products or services for any Parks-related, or other events in the City; and
WHEREAS, in addition, Section 287.135, Fla. Stat., and Section 2-375 of the City
Code may also apply to Unilever as the parent company of Ben & Jerry's; and
WHEREAS, the Administration is further directed to work with the City Attorney's
Office to review any proposed contracts with Unilever and its related entities to ensure
compliance with State law and the City Code, and to also evaluate whether the foregoing
conduct would prohibit the City from holding investments in Unilever, PLC and its related
entities, or require any divestment thereof.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that, in light of Ben &Jerry's
Homemade Holdings Inc.'s("Ben &Jerry's")decision to no longer sell its products in parts
of Israel, the Mayor and City Commission hereby direct the City Administration to (1)take
any and all appropriate steps to ensure compliance with Section 287.135 of the Florida
Statutes, which prohibits local governments from doing business with companies that
engage in a boycott of Israel, and Section 2-375 of the City Code, which provides, in
pertinent part, that the City shall not procure goods or services from a business which
engages in the boycott of a nation or country, (2) work with the City Attorney's Office to
review any current or proposed contracts with Unilever PLC, the parent company of Ben
& Jerry's, to ensure compliance with State law and the City Code, and (3) evaluate
whether the foregoing conduct would prohibit the City from holding investments in
Unilever, PLC and its related entities, or require any divestment thereof.
PASSED and ADOPTED this c23 day of 7 V , 2021.
ATTEST:
ty
Dan Gelber, Mayor
'/2/7
Ra ael E. Grana o, City Clerk
(sponsored by Commissioner Steven Meiner)
r S'\ APPROVED AS TO
FORM&LANGUAGE
i!E"ORP ORATED,I S FOR EXECUTION
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City Attorney •0\.L Date
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Resolutions-C7 AO
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Commissioner Steven Meiner
DATE: July 28,2021
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, IN
LIGHT OF BEN&JERRY'S HOMEMADE HOLDINGS INC.'S ("BEN &JERRY'S")DECISION TO NO LONGER
SELL ITS PRODUCTS IN PARTS OF ISRAEL; DIRECTING THE CITY ADMINISTRATION TO (1)TAKE ANY
AND ALL APPROPRIATE STEPS TO ENSURE COMPLIANCE WITH SECTION 287.135 OF THE FLORIDA
STATUTES AND SECTION 2-375 OF THE CITY CODE,WHICH WOULD PROHIBIT THE CITY FROM DOING
BUSINESS WITH ANY COMPANY THAT ENGAGES IN A BOYCOTT OF ISRAEL, (2)WORK WITH THE CITY
ATTORNEY'S OFFICE TO REVIEW ANY CURRENT OR PROPOSED CONTRACTS WITH UNILEVER PLC,
THE PARENT COMPANY OF BEN&JERRY'S,TO ENSURE COMPLIANCE WITH STATE LAW AND THE CITY
CODE,AND (3) EVALUATE WHETHER THE FOREGOING CONDUCT WOULD PROHIBIT THE CITY FROM
HOLDING INVESTMENTS IN UNILEVER PLC AND ITS RELATED ENTITIES, OR REQUIRE ANY
DIVESTMENT THEREOF.
ANALYSIS
Consistent with Florida Statutes and Miami Beach City Code, I am proposing the attached resolution in response to the recent anti-
Israel measure taken by Ben&Jerry's in support of the Boycott, Divestment,and Sanctions(BDS)movement in refusing to sell its
products in parts of Israel.
I have previously expressed my position that City Commission agenda items should be focused on Miami Beach and bear a direct
relationship to Miami Beach. To this end, the purpose of this resolution is to raise awareness as to specific provisions of Section
287.135 of the Florida Statutes and Section 2-375 of the Miami Beach City Code which are relevant to the Ben&Jerry's anti-Israel
boycott.Specifically,Section 2-375 of the City Code ensures that the City will not be party to such discriminatory business practices
and boycotts, and provides that the City shall not procure goods or services from, or otherwise contract with, a business which
engages in the boycott of a nation or country.
As Ben&Jerry's recent actions implicate the City Code,the purpose of this resolution is to(1)direct the Administration to take steps
to ensure we comply with our City Code,and not enter into any contracts or procure any Ben&Jerry's products or services for any
purpose, such as parks-related or other events in the City, (2)as the provisions of the City Code may also apply to Ben &Jerry's
parent company, Unilever PLC, directing the Administration to review any proposed future contracts with Unilever with the City
Attorney's Office,to ensure compliance with State Law and City Code,and (3)directing the Administration to evaluate whether the
foregoing conduct would prohibit the City from holding investments in Unilever PLC and its related entities,or require any divestment
thereof.
Please feel free to contact Amadeus Huff for additional information.
SUPPORTING SURVEY DATA
N/A.
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.O.
to Know"item.pursuant to Bond Funds?
City Code Section 2-14?
No No
Legislative Tracking
Commissioner Steven Meiner
ATTACHMENTS:
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