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20111019 Adden OCRMIAMIBEACH City Commission Meeting ADDENDUM MATERIAL City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive October 19,201 1 Mayor Matti Herrera Bower Vice-Mayor Edward L. Tobin Commissioner Jorge R. Exposito Commissioner Michael G6ngora Commissioner Jerry Libbin Commissioner Deede Weithorn Commissioner Jonah Wolfson City ~anager Jorge M. Gonzalez City Attorney Jose Smith City Clerk Robert E. Parcher Visif us at www.miamibeachfl.gov for agendas and video "sfreaming" of Cify Commission Meetings. ATTENTION ALL LOBBYISTS Chapter 2, Article VII, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the registration of all lobbyists with the City Clerk priorto engaging in any lobbying activity with the City Commission, any City Board or Committee, or any personnel as defined in the subject Code sections. Copies of the City Code sections on lobbyists laws are available in the City Clerk's office. Questions regarding the provisions of the Ordinance should be directed to the Office of the City Attorney. ADDENDUM AGENDA C4 - Commission Committee Assignments C4K Referral To The Land Use And Development Committee - Discussion Regarding Parking Rates For Hotel Workers And The Possibility Of A Program Whereby A Hotel Can Participate And Get Reduced Parking Rates For Its Workers. (Requested By Commissioner Jonah Wolfson) C4L Referral To Land Use And Development Committee - Discussion Regarding The Current City Code Relating To Alcoholic Beverage Sales Requiring A 300 Foot Distance Between Liquor Stores And Ask The City Look Into Adopting The County Requirement Of 1500 Feet. (Requested by Commissioner Jorge R. Exposito) Addendum Material, October 19, 201 1 R9 - New Business and Commission Requests R9A4 Co-Nomination Of Brian Ehrlich For The Capital Improvements Oversight Committee. (Requested By Commissioner Michael Gongora) R9M Discussion Regarding A Normandy Nights And Lights Festival Project For This Upcoming Holiday Season. (Requested By Commissioner Jonah Wolfson) R9N Discussion And Update Regarding The Tennis Management Contract RFP (Requested by Vice-Mayor Edward L. Tobin) R90 Discussion Regarding The Recent Internet Advertisements Promoting Freaknik In Miami Beach. (Requested by Commissioner Jerry Libbin) R9P Discussion And Approval Of The Following Two (2) Proposed Ordinances For First Reading: 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. (Requested by Commissioner Jerry Libbin) MIAMIBEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jorge M. Gonzalez, City Manager FROM: Jonah Wolfson, Commissioner DATE: October 1 3th, 201 1 SUBJECT: Referral ltem Please place on the October 1gthl 201 1, Commission meeting agenda a referral to the Land #. Use and Development Committee to discuss parking rates for hotel workers and the possibility of a program whereby a hotel can participate and get reduced parking rates for its workers. If you have any questions, please contact Leonor Hernandez at extension 6437. Agenda ltem C L/ k We ore comniitied to providing exceiienf pubbc sewtce and sobiy b all who live, work orld pioy in our li Date /0-19- 11 3 THIS PAGE INTENTIONALLY LEFT BLANK MIAMIBEACH OFFICE OF THE MAYOR AND COMMISSION TO: Jorge M. Gonzalez, City Manager Robert Parcher, City Clerk FROM: Jorge R. Exposito, Commissioner DATE: October 14,2011 SUBJECT: Referral to Land Use and Development Committee MEMORANDUM I would like to refer a discussion item to the Land Use and Development Committee for discussion of the City of Miami Beach's current city code Chapter 6-4(3) relating to Alcoholic Beverage sales that requires a 300 foot distance between liquor stores and ask that the city look into adopting the County requirement of 1500 feet. We trust that you will find all in good order. Should you have any questions, please feel free to get in touch with my aide, Barbie Paredes at extension 6457. Best regards, We are committed to providing excellenf public service and safety 10 all who live, work, and play in our vii Agenda Item CYL I Date [O-lq- I J THIS PAGE INTENTIONALLY LEFT BLANK MIAMIBEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jorge Gonzalez, City Manager FROM: Michael Gongora, Commissio DATE: October 17, 201 1 SUBJECT: Co-Nomination for Capital lmprovements Oversight Committee I would like to co-nominate Brian Ehrlich for the Capital lmprovements Oversight Committee. If you have any questions please feel free to contact my aide Diana Fontani at ext 6087. 1 Agenda Item 8 9 A 4 Date 10-19-11 THIS PAGE INTENTIONALLY LEFT BLANK MIAMIBEACH OFFICE OF THE MAYOR AND COMMISSION TO: Jorge M. Gonzalez, City Manager FROM: Jonah Wolfson, Commissioner DATE: October 1 3'h, 201 1 SUBJECT: Agenda Discussion Item MEMORANDUM Please place on the October 1 9th, 201 1 Commission Meeting Agenda a discussion item regarding a Normandy Nights and Lights Festival Project for this upcoming Holiday Season. If you have any questions, please contact Leonor Hernandez at extension 6437 ! wc are cornrn~tfed IO pror~dng eue//enl PU~C and safely to 011 who live OII~ 1 Agenda Item C RQM I Date 10-19'-11 9 I THIS PAGE INTENTIONALLY LEFT BLANK MIAMIBEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: FROM: DATE: Jorge M. Gonzalez, City Manager Ed Tobin, Commissioner October 14,201 1 SUBJECT: Agenda ltem for October lgth city Commission Meeting Please place on the October 19th, 201 1 Commission Meeting Agenda a discussion and update regarding the Tennis Management Contract RFP. If you have any questions please contact, Dessiree Kane at Extension 6274 I Agenda ltem _89 CI__ We are commcffed to provrd~ng excellent pc~bl~c servcce and safely to all wl~o Irve n~ork, and play m our, I Date kO-[q-[ 1 THIS PAGE INTENTIONALLY LEFT BLANK * MIAMIBEACH OFFICE OF THE MAYOR AND COMMISSION TO: FROM: DATE : .. . -* .__. __ . _ Jorge Gonzalez, City Manager Jerry Libbin, Commissioner October 14, 201 1 SUBJECT: Agenda item for the October 19th, 201 1 Commission Meeting; the internet advertisements promoting Freaknik Please place on the October 1 9th Commission Agenda an item discussing the recent internet advertisements promoting Freaknik in Miami Beach. I would like the Administration to share with the Commission its plans for handling this matter. Please contact my office at ext. 71 06 if you have any questions. THIS PAGE INTENTIONALLY LEFT BLANK MIAMIBEACH OFFICE OF THE MAYOR AND COMMISSION 20 l l OC': l ? P: 1 l : MEMORANDUM \.I . . -, , TO: Jorge Gonzalez, City Managere- -^ -' - -- - . FROM: DATE: SUBJECT: Jerry Libbin, Commissioner October 1 7, 201 1 Agenda item for the October 19th, 201 1 Commission Meeting FOLLOWING REFERRAL OF THIS ITEM AT THE SEPTEMBER 14,201 1 ClTY COMMISSION MEETING, THE NEIGHBORHOODS/COMMUNITY AFFAIRS COMMITTEE, AT ITS OCTOBER 6,201 1 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 ClTY CODE, EXTENDING THE PREFERENCE AVAILABLE TO MIAMI BEACH-BASED VENDORS BIDDING ON ClTY 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 ClTY CONTRACTS FOR GOODS AND SERVICES. THE ORDINANCES ARE ATTACHED IN FULL. IT IS REQUESTED THAT THE ClTY 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. 71 06 if you have any questions. JL/er Attachment ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND ClN COMMISSION OF THE ClN OF MlAMl BEACH, FLORIDA, AMENDING PROCEDURES TO PROVIDE LOCAL PREFERENCE TO MlAMl BEACH-BASED VENDORS IN THE AWARD OF CONTRACTS FOR GOODS AND GENERAL SERVICES, BY AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MlAMl 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, SEVERABILIN, 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 (RFP1s), Requests for Qualifications (RFQ1s), Requests for Letters of Interest (RFLlls), and oral or written request for quotations. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CIN COMMISSION OF THE ClN OF MlAMl 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 I contracts for goods and ~contractuaI services. (I) Definitions. For purposes of this section onlv, the followinq definitions shall apply: (a) Bid shall mean a competitive bid procedure established through the issuance LL ' 11 of an invitation to bid,. Thc tew+-bd, as+wHwcI~, r- 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. f$)(b) Miami Beach-based vendor means a bidder that has a valid occupational license issued bv the Citv of Miami Beach, which authorizes said vendor to provide U7c EL&+& goods and/or contractual services, and has its headquarters in the Citv, or has a place of business located in the Citv at which it will produce the goods or perform the contractual services to be purchased. The Citv Manager shall administrativelv resolve anv issues relating to a vendor's status as a Miami Beach-based vendor, and hislher decision on whether a vendor is a Miami Beach-based vendor shall be final. (28) Preference in purchase of goods or 4efferalcontractual services. {a) Invitations to bid; oral or written requests for quotations. Except where federal or state law mandates to the contraw, in the purchase of goods or contractual services bv means of an 6emwMkeinvitation 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 opportunitv of providing said goods or contractual services for the lowest responsive bid amount. &Whenever, as a result of the foregoing preference, the adiusted prices of two (2) or more Miami Beach-based vendors constitute the lowest bid for a competitivelv bid purchase, and such bids are responsive and otherwise equal with respect to qualitv and service, then the award shall be made to the Miami Beach-based vendor havina the greatest number of its emplovees that are Miami Beach residents. &Whenever, two or more Miami Beach-based vendors have the same number of its emplovees that are Miami Beach residents, then the award shall be made to the Miami Beach-based vendor who is certified bv Miami-Dade Countv as a Minoritv or Women Business Enterprise. (b) Requests for proposals; requests for qualifications; requests for lefters of interest. The citv commission, or the citv manager (in instances where such action has been delegated to the manager), in considering, determining, and/or approving the evaluation methodoloav, selection criteria, and/or other factors determined by the citv to be applicable in the recommendation and selection of Droposers submittinq responses pursuant to an RFP, RFQ, or RFLI, as appropriate, shall include (as part of such evaluation methodoloav, 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 methodoloav is based on a points svstem from 0 - 100 points), or an additional five percent (5%) (where the evaluation methodologv is based on a percentage svstem from 0 - loo%), 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 wa I Lrohibit the riaht of the citv manager andlor the wn: city commission. a: applicable, to compare quality of materials proposed for purchase and compare qualifications, character, responsibilitv and fitness of all person, firms or corporations submitting bids. Further, the preferences established herein in no wav prohibit the riaht of the citv manager andlor the wwewtd citv commission, as applicable, from givinq anv other preference permitted bv law in addition toim&ea&& 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 day of , 2011, which is 10 days after adoption. PASSED and ADOPTED this day of ,201 1 ATTEST: City Clerk Mayor Letters or numbers that are stricken through are deletions from existing ordinance. Letters or numbers that are underlined are additions to existing ordinance. AP~RO'VED A~O F:\ATTO\AGUR\RESOS-ORD\LocaI Preference Ordinance (8-4-1 ?).doc FORM & LANGUAGE & FOR ~~T10~ ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND ClTY 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 ClTY 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 I contractual services. {I) Definitions. For purposes of this section onlv, the follow in^ definitions shall applv: (a) Bid shall mean a competitive procedure established bv the Citv 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 auotations. Certified service-disabled veteran business enterprise means an independentlv 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 Opportunitv Act, as same mav be amended from time to time, that has been certified bv the Florida State Department Management Services to be a service-disabled veteran business enterprise. a Service-disabled veteran means a veteran who is a permanent Florida resident with a service-connected disabilitv, as determined bv the United States Department of Veterans Affairs, or who has been terminated from militarv service bv reason of disabilitv bv the United States Department of Defense. Service-disabled business enterwise means an independentlv 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 Opportunitv Act," as same mav be amended from time to time. je) Small business concerns owned and controlled by veterans means those independently owned and operated small businesses, as defined in Section 502 of 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. If) Veteran means a person who served in the active militarv, naval, or air service and who was discharaed 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. la) ITB's and requests for oral or written qualifications. The citv, when considerinq two (2) or more bids submitted pursuant to an ITB or an oral or written request for quotations for the purchase of qoods or contractual services shall qive 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 foreaoina preference, the adiusted 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 auality and service, then the award shall be made to the service-disabled veteran business enterprise. Ib) Request for proposals, request for qualifications, and request for letters of interest. The citv commission, or the citv manager (in instances where such action has been delegated to the manager), in considerina, determining, andlor approvinq the evaluation methodology, selection criteria, andlor other factors determined bv the citv to applicable in the recommendation and selection of proposers submitting resDonses pursuant to an RFP, RFQ, or RFLI, as appropriate, shall include (as part of such evaluation methodoloqv, 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 svstem from 0 - 100 points), or an additional five percent (5%) (where the evaluation methodologv is based on a percentane system from 0 - loo%), to proposers, which are, or include as part of their proposal team, a small business concern owned and controlled by a veterank) or a service-disabled veteran business enterprise. 1 /3) Comparison of uualifications. The references established herein in no wav prohibit the riaht of the Citv Manager andlor the Mayor and Citv Commission, as applicable, to compare quality of cioods andlor contractual services proposed for purchase and compare uualifications, character, responsibility and fitness of all person, firms or corporations submitting bids. Further, the preferences established herein in no way prohibit the riaht of the Citv Manager and/or the Mavor and Citv I Commission, as applicable, from givina any other preference permitted bv law in addition to 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 day of , 201 1, which is ten (1 0) days after adoption. PASSED and ADOPTED this day of ,2011. ATTEST: Mayor City Clerk Letters or numbers that are stricken through are deletions from existing ordinance. Letters or numbers that are underlined are additions to existing ordinance. F:\ATTO\AGUR\RESOS-ORD\Veteran Preference Ordinance (8-1 7-1 l).doc APPROVED AS TO FORM & LANGUAGE & FnH EXECUTION THIS PAGE INTENTIONALLY LEFT BLANK