R5C-Amend Procedures For Vendor Preference -Libbin-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
Funds: 1
D 2
3
4
OBPI Total
Financial Impact Summary: None.
City Clerk's Office Legislative Tracking:
Gus Lopez, ext. 6641 .
ent Director
MIAMI BEACH
City Manager
347
Account Approved
City Manager
JMG
AGENDA ITEM _..:...;f(;....)-:-(..~-:-:
DATE l~-/l(-1 \
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 ity Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: December 14, 2011
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.
348
Commission Memo Re Local Preference Ordinance
December 14, 2011
Page 2 of4
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.
349
Commission Memo Re Local Preference Ordinance
December 14, 2011
Page 3 of4
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.
350
Commission Memo Re Local Preference Ordinance
December 14, 2011
Page 4 of4
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 \LocaiPreferenceOrdinanceMemo.docx
351
MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION 2011 OCT 17 r-):l i: ~EMORANDUM
., '
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
352
ORDINANCE NO.----
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
****
353
Sec. 2-372. Procedure to provide preference to Miami Beach-based vendors in
contracts for goods and generalcontractual 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. shall not include
requests for proposals (RFP). requests for qualifications CRFQ). requests for
letters of interest CRFLI). or the solicitation of purchase orders based on oral
or written quotations.
(b)General ser.~iees means support services performed bv an independent
contractor requiring specialized knowledge. e:xperience. or e:xpertise that
ineludes. but is not limited to. pest control. janitorial. laundrv. catering,
securitv. lawn maintenance and maintenance of equipment. framing, and film
development.
(c)Goods includes. but is not limited to. supplies. equipment, materials and
printed matter.
tQ1(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 subject 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) E:xemptions.
(a)The provisions of this section. shall not apply, and no local preference shall be
accorded hereunder. to bids or proposal procedures for professional services.
'Nhich are defined. for purposes of this section. as any services where the
Citv is obtaining advice. instruction. or specialized 'Nork from an individual.
firm. or corporation specifically qualified in a particular area. and also those
services procured pursuant to Section 287.055, Florida Statutes.
t9f(a) The provisions of this section shall not apply, and no local preference shall
be accorded hereunder. to bids and.tor the solicitation or proposed a>Nard of a
purchase order based on an oral or written quotation for the purchase of. or
contract for. the construction/renovation of public buildings. facilities. public
works. or other public capital construction projects.
354
(2~) Preference in purchase of goods or genera/contractual 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
generalcontractual services by means of an oompetitiveinvitation 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 generalcontractual services for the lowest responsive bid amount.
f4+-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. f§t-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 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 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 - 1 00%), to proposers. which
are, or include as part of their proposal team. a Miami Beach based vendor.
(39) 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 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 in addition toinstead of the preferences granted
herein.
355
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 _______ , 2011.
Mayor
ATTEST:
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. ~~
APPROVED A~ 10
F:\ATTO\AGUR\RESOS-ORD\Local Preference Ordinance (8-4-11).doc FORM & LANGUAGE a FOR EXECUTiON
\,-\rt-t\
356 Date
12NE I THURSDAY, NOVEMBER 24, 2011 NE
~ MIAMIBEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
NOTICE lS HEREBY given that second readings and public hearings will be
held by the Mayor and City Commission of th& 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.
f1r.dinance Deleting Section 2-27 Of The Miami Beach Code, Entitled
"Commission Committee Draft Minutes-City CommiS§ion 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 Departmellt at (305) 673-7470.
10:20a.m.
Ordinance Amending Chapter 2, Article Ill, Division 26, Secti6ns 2-190.107 And
2-190.11 o OfThf! City Code, Establishing The Gity's Community Development
Advisory Committee, To Amend The ·city· Affiliation Requirements For
Membership On The Community Development Advisory Committee.
Inquiries may be directed to the Real Estate, Housing & Cpmmunity Development
at (305) 673-7260 ·
'>' 10:25 a:m.
~dinance 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 Procurltment Division at (305) 673c 7490.
10:25a.m.
Ordinance Implementing Procedures To Provide A Vendor Preference In
. The Award Of contracts For Goods And Contractual Services, To Florida
Small Businesses Owne(f 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 Procedllres," By creating Section 2-374.
Inquiries may be. directe~ to the Procurement Division at (305) 673-7 490.
lW:ERESTED 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 Mianii 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 SltCtion 286.0105, Fla. Stat, the City hereby advises the public
that: if a person decides to app!Jal 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 bylaw. -
To request this material in accessible format, sign language interpreters,
Information on access tor persons with disabilities, and/or any accommodation
to review ariy document or participate in any city-sponsored proceeding, please
contact (305) 604-2489 (voice), (305)673-7218(TTY) five days in advance to
·fmtiateyour request. TIY users niay also call711 (Florida Relay Service).
Ad'#!683
357
ORDINANCE NO.----
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
358
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 2-37 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:
@} Bid shall mean a competitive procedure established by the City through the issuance
of an invitation to bid (ITS). 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 .
.(Ql 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 .
.(Ql 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.
{.Ql 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 bv veterans means those
independently owned and operated small businesses. as defined in Section 502 of
359
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 militarv. 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) ITS'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 - 1 00
points). or an additional five percent (5%) (where the evaluation methodology is based
on a percentage system from 0 - 1 00%). 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
Commission. as applicable. from giving any other preference permitted by law in addition to the
preferences granted herein.
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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 ten
(1 0) days after adoption.
PASSED and ADOPTED this _____ day of------' 2011.
Mayor
ATTEST:
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:\A TTO\AGUR\RESOS-ORD\Veteran Preference Ordinance (8-17 -11 ).doc
361
APPROVED AS TO
FORM & LANGUAGE
& FflR EXECUTION
,,·c1-t'
Date
12NE I THURSDAY, NOVEMBER 24, 2011 NE
~ 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 th& City of Miami .Seach, 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.
Ocrlinance Deleting Section 2-~7 ·of The Miami Beach Code, Entfl:!ed
"Commission CommiTtee Draft Minutes-City Commis_l1ion Approva(;" Creating
A New Section 2-13 OfThe City Code, Entfl:led "Commission CommiTtee Draft
Minutes -City Commission Approval.
Inquiries may be directed to the Legal Department at (305) 673-7 470.
10:20a.m.
Ordinance Amending Chapter 2. Article Ill, Division 21), &ecti~ns 2-190.1 07 And
2-190.110 Of Th~ City Code, Establishing The Gity's Community Development
Advisory Committee, To Amend The ·city ~#filiation Requirements For
Membership On The Community Development~tlvisory CommiTtee. .
Inquiries may be directed to the Real Estate, Housing & Community Development
at (305) 673-7260 -
10:25a.m.
~dinance 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 Procur&ment Division at (305) 673c 7490.
V 10:25a.m.
Ordinance Implementing Procedures To Provide A Vendor Preference In
The Award Of Contracts For Goods And Contractual Services, To Florida
Small Businesses Owne\1 And Controlled By Veterans And To State-i:ertified
Service-Disabled Veteran Business Enterprises By Amending· Chapter 2 Of
The Code Of The City Of Miami Beach Entfl:led, "Administration," By Amending
Article Vi Thereof Entitled, "Procurement" By Amending Division 3 Entitled,
"Contract Procedllres," By Creating Section 2-374.
Inquiries may be. directe~ to the Procurement Division at (305) 673-7 490.
IWJRESTED 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 Mianii Beach, Florida 33139.
This meeting may be continued and under such circumstances addfl:ionallegal
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 Com mission
· 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 personJ> with \iisabilities, and/or any accommodation
to review any document or participate in any city-sponsored proceeding, please
contact (305) 604-2489 (voice), (305)673-7218(11Y) five days in advance to rrlf~iate your request. TTY users niay also call 711 (Florida Relay Service).
Ad.4!683
362