Loading...
R5E-Ordinances Amending Procedures For Vendor Preference -Libbin-COMMISSION ITEM SUMMARY Condensed Title: Request Approval of Two (2) Ordinances Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending Procedures For Vendor Preference as Follows: (1) An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending Section 2-372 Of The Miami Beach City Code, Entitled "Procedures To Provide Preference To Miami Beach-Based Vendors In Contracts For Goods And Contractual Services," Specifically Amending Section 2-372(1)(B) And 2- 372(2)(B); And, (2) An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending Section 2-374 Of The Miami Beach City Code, Entitled "Procedure To Provide Preference To Veterans In Contracts For Goods And Contractual Services," Specifically Amending Section 2-374 (2)(8); Providing For Codification, Repealer, Severability, And An Effective Date, Key Intended Outcome Supported: Diversify Business Base in Miami Beach Supporting Data (Surveys, Environmental Scan, etc.): 2009 Miami Beach Customer Survey ndicates 87% of businesses that rate the City of Miami Beach as one of the best, above average, or average places to run a business. Issue: Whether the City Commission should pass and adopt both Ordinances? Item Summary/Recommendation: At the March 18, 2013 meeting of the Neighborhood/Community Affairs Committee following discussion, a motion was approved to strengthen the Local and Veterans Preference Ordinances as follows: Local Preference Ordinance is recommended to be amended to: o require that bidders and proposers claiming local preference have a valid business tax receipt for at least one (1) year prior to the issuance of an invitation to bid, request for proposals, request for qualifications, requests for letter of interest, invitations to negotiate, or written requests for quotations (Bid); and o require that bidders and proposers claiming local preference have, for at least one ( 1) year prior to the issuance of a Bid, its headquarters in the City, or have a place of business located in the City at which it will produce the goods or perform the contractual services to be purchased. Both Local and Veterans Preference Ordinances are recommended to be amended to: o require that the preference, as stipulated in the ordinances, be applied by the Procurement Division at the completion of the allocation of points by the evaluation committee; and o restrict the preferences to only the applicable proposer or bidder. PASS AND ADOPT BOTH ORDINANCES Advisory Board Recommendation: At the March 18, 2013 meeting of the Neighborhood/Community Affairs Committee following discussion, a motion was made by Commissioner Libbin to strengthen the Local and Veterans Preference Ordinances. Financial Information: Source of Amount Account Approved Funds: 1 D 2 3 4 OBPI Total City Clerk's Office Legislative Tracking: Alex Denis, ext. 6641 . JLM T:\AGENOA\20 3\April 17\Amendment to Local and Veterans Preference-Summary.doc MIAMI BEACH 426 AGENDA ITEM DATE Rs-E 4-17..-13 (9 M!AMlBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: FROM: Jimmy L. Morales, City Manager DATE: April17, 2013 FIRST READING SUBJECT: TWO (2) ORDINANCES OF TH MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING PROCEDURES FOR VENDOR PREFERENCE: 1. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING SECTION 2-372 OF THE MIAMI BEACH CITY CODE, ENTITLED "PROCEDURES TO PROVIDE PREFERENCE TO MIAMI BEACH-BASED VENDORS IN CONTRACTS FOR GOODS AND CONTRACTUAL SERVICES;" AMENDING SECTION 2-372(1)(b) THEREOF, TO REQUIRE THAT MIAMI BEACH-BASED VENDORS HAVE A BUSINESS TAX RECEIPT TO PROVIDE THE GOODS AND SERVICES REQUIRED UNDER A SUBJECT CITY BID FOR AT LEAST ONE (1) YEAR PRIOR TO THE ISSUANCE OF THE BID, AS WELL AS HAVE THEIR BUSINESS HEADQUARTERS, OR AN OFFICE OF THE BUSINESS, WITHIN THE CITY FOR A PERIOD OF AT LEAST ONE (1) YEAR PRIOR TO THE ISSUANCE OF THE BID; AND AMENDING SECTION 2-372(2)(b) TO LIMIT SUCH PREFERENCE ONLY TO PROPOSERS; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. 2. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING SECTION 2-374 OF THE MIAMI BEACH CITY CODE, ENTITLED "PROCEDURE TO PROVIDE PREFERENCE TO VETERANS IN CONTRACTS FOR GOODS AND CONTRACTUAL SERVICES"; BY AMENDING SECTION 2-374 (2){b) TO LIMIT SUCH PREFERENCE ONLY TO PROPOSERS; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Approve the Ordinance Amendment on First Reading. KEY INTENDED OUTCOME SUPPORTED Diversify Business Base in Miami Beach. 427 Commission Memo Re Local and Veterans Preference Ordinances April 17, 2013 Page 2 of 2 BACKGROUND Both the City's Local Vendor Preference Ordinance No. 2011-3747 (Local Preference) and the Military Veterans Vendor Preference Ordinance No. 2011-3748 (Veteran's Preference) were passed and adopted on second reading by the Mayor and City Commission at its December 14, 2011 meeting. At the January 16, 2013 City Commission meeting, Commissioner Libbin requested further discussion to consider modification to the Local Preference and Veterans Preference Ordinances. Accordingly, the discussion was referred to the Neighborhood/Community Affairs Committee. At the March 18, 2013 meeting of the Neighborhood/Community Affairs Committee following discussion, a motion was approved to strengthen the Local and Veterans Preference Ordinances as follows: Local Preference Ordinance o To require that bidders and/or proposers (Bidders) claiming local preference have a business tax receipt for at least one (1) year prior to the issuance of an invitation to bid, request for proposals, request for qualifications, requests for letter of interest, invitations to negotiate, or written requests for quotations (Bid); and o For at least one (1) year prior to the issuance of a Bid, have 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. Both Local and Veterans Preference Ordinances o For the preference to be applied by the Procurement Division at the completion of the allocation of points by the evaluation committee; and o Restrict the preferences to only the applicable proposer or bidder. 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 requiring that Miami Beach-based vendors have a business tax receipt to provide the goods and services required under a subject City Bid for at least one (1) year prior to the issuance of the Bid, as well as have their business headquarters, or an office of the business, within the City for a period of at least one (1) year prior to the issuance of the Bid. Additionally, the Mayor and City Commission hereby find and determine that it is in the best interest of the City to amend the City's Veterans' Preference Ordinance, by limiting such preference only to the applicable proposer or bidder. The Administration recommends that the City Commission adopt the attached Ordinances amending the City's Local and Veterans Preferences. JLM/PDW/AD Attachment T:\AGENDA\2013\April 17\Amendment to Local and Veterans Preference-Memo.docx 428 ORDINANCE NO.---- AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING SECTION 2-372 OF THE MIAMI BEACH CITY CODE, ENTITLED "PROCEDURES TO PROVIDE PREFERENCE TO MIAMI BEACH-BASED VENDORS IN CONTRACTS FOR GOODS AND CONTRACTUAL SERVICES;" AMENDING SECTION 2-372(1)(b) THEREOF, TO REQUIRE THAT MIAMI BEACH-BASED VENDORS HAVE A BUSINESS TAX RECEIPT TO PROVIDE THE GOODS AND SERVICES REQUIRED UNDER A SUBJECT CITY BID FOR AT LEAST ONE (1) YEAR PRIOR TO THE ISSUANCE OF THE BID, AS WELL AS HAVE THEIR BUSINESS HEADQUARTERS, OR AN OFFICE OF THE BUSINESS, WITHIN THE CITY FOR A PERIOD OF AT LEAST ONE (1) YEAR PRIOR TO THE ISSUANCE OF THE BID; AND AMENDING SECTION 2-372(2)(b) TO LIMIT SUCH PREFERENCE ONLY TO PROPOSERS; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. 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 **** Sec. 2-372. -Procedure to provide preference to Miami Beach-based vendors 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 bid procedure established through the issuance of an invitation to bid, request for proposals (RFP), request for qualifications (RFQ), requests for letters of interest (RFLI), invitations to 429 negotiate CITN). or the solicitation of purchase orders based on oral or written quotations. (b) Miami Beach-based vendor means a bidder that ill has a valid oooupational lioensebusiness tax receipt issued by the City of Miami Beach for at least one (1) year prior to the issuance of a Bid, which authorizes said vendor to provide the subject goods and/or contractual services, and illl has. for at least one (1) year prior to the issuance of a Bid. 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) Preference in purchase of goods or 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 contractual services by means of an invitation 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 of the lowest and best 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 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. 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, invitations 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, Of RFLI, or ITN. 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 points (where the evaluation methodology is based on a point system from 0-100 points), 430 or an additional five percent (where the evaluation methodology is based on a percentage system from 0-100 percent), to proposers, which are,--ef include as part of their proposal team, a Miami Beach-based vendor. The additional points shall be applied by the Cityls procurement division to Miami Beach-based vendors following the completion of the allocation of points by the evaluation committee. (3) Comparison of qualifications. The preferences established herein 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 persons, 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. 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. 431 SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on the ____ day of _______ , 2013, which is 10 days after adoption. PASSED and ADOPTED this _____ day of _______ , 2013. 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:\AlTO\AGUR\RESOS-ORD\Local Preference Ordinance (Fina14-5-13).doc 432 APPROVED AS TO FORM & LANGUAGE & FOR,XECUTION ' ,. l41 4-t;,-l) ORDINANCE NO.---- AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING SECTION 2-374 OF THE MIAMI BEACH CITY CODE, ENTITLED "PROCEDURE TO PROVIDE PREFERENCE TO VETERANS IN CONTRACTS FOR GOODS AND CONTRACTUAL SERVICES;" BY AMENDING SECTION 2-374 (2)(b) TO LIMIT SUCH PREFERENCE ONLY TO PROPOSERS; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. 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 2-374 of the Miami Beach City Code is hereby amended 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), invitations to negotiate f!TiiL 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 433 295.187(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 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 F.S. § 1.01 (14), as same may be amended from time to time. (2) Preference in purchase of goods or contractual services. (a) ITBs and requests for oral or written qualifications. The city, when considering two 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 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 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, 8RfJ request for letters of interest. and invitations 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 points (where the evaluation methodology is based on points system from 0- 100 points), or an additional five percent (where the evaluation methodology is based on a percentage system 0-100 percent), to proposers, which are,---eF 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 to Miami Beach-based vendors following the completion of the allocation of points by the evaluation committee. 434 (3) Comparison of qualifications. The preferences established herein in no way prohibit the right of the city manager and/or 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 persons, 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. 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 _______ , 2013, which is ten (1 0) days after adoption. PASSED and ADOPTED this _____ d.ay of-------' 2013. Mayor ATTEST: City Clerk Letters or numbers that are stricken through are deletions from existin9AJ'Pf\llllm AS TO Letters or numbers that are underlined are additions to existing ordinaPORM & LANGUAGE & FOR EXECUTION F:\ATTO\AGUR\RESOS-ORD\Veteran Preference Ordinance (Final4-5-13).doc - 435