Miami-Dade Legislative Item
File Number: 033388
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File Number: 033388 File Type: Ordinance Status: In Committee
Version: 0 Reference: 04-27 Control: County Commission
File Name: LOCAL PREFERENCE Introduced: 12/4/2003
Requester: NONE Cost: Final Action: 2/3/2004
Agenda Date: 2/3/2004 Agenda Item Number: 6D
Notes: Title: ORDINANCE AMENDING SECTION 2-8.5 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, TO INCREASE THE PREFERENCE ACCORDED LOCAL BUSINESS IN COUNTY CONTRACTING; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 033187]
Indexes: LOCAL PREFERENCE
Sponsors: Rebeca Sosa, Prime Sponsor
  Jose "Pepe" Diaz, Co-Sponsor
  Jimmy L. Morales, Co-Sponsor
  Dorrin D. Rolle, Co-Sponsor
  Sen. Javier D. Souto, Co-Sponsor
  Joe A. Martinez, Co-Sponsor
  Sally A. Heyman, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 2/3/2004 6D Adopted P
REPORT: County Attorney Robert Ginsburg advised the Board that Commissioner Rolle should be listed as a cosponsor. Commissioner Sosa discussed the intent of the proposed ordinance that would enhance competition for lower prices to the County and create more job opportunities for Miami-Dade County residents. Mr. Theodore Lucas, Director, Department of Procurement Management, noted the Department’s experience with the procedure to increase local preference in Miami-Dade County had generated lower prices for the County. Commissioners Heyman and Martinez requested that they be listed as cosponsors on the foregoing proposed ordinance. The Board proceeded to vote on the foregoing proposed ordinance, as presented.

Procurement Management Policy Subcommittee 1/16/2004 2B Forwarded to BCC with a favorable recommendation P

Budget and Finance Committee 1/15/2004 2L Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Gerald Sanchez read the resolution into the record. Chairperson Morales opened public hearing. No one appeared in response to Chairperson Morales' call for persons wishing to be heard. Commissioner Sosa stated that this resolution would enhance local businesses, and create more jobs. Chairperson Morales asked to be listed as a cosponsor on this resolution. Commissioner Heyman requested that the County Attorney prepare an appropriate ordinance to exclude businesses located outside the State of Florida from the definition of a "local business." Procurement Department Director Ted Lucas pointed out that Assistant County Attorney Gerald Sanchez concurred that the definition of a local vendor referred to any business issued an occupational license before the submittal of bid proposals. Commissioner Sorenson questioned how decreasing the pool of vendors could lower prices. In response, Procurement Department Director Ted Lucas stated that when a local vendor and a foreign vendor bid, and the local vendor’s bid was equal to or less than 5% of the foreign vendor’s bid, both vendors could have a final run-off bid. This resolution would increase that range from 5% to 10%, Mr. Lucas noted. Chairperson Morales clarified that the10% was not an increase in price. He pointed out that his major concern was that the County's local preference benefits local ownership, but not necessarily local labor. He asked that some real teeth be included in the definition of a "local business," including some real percentages in terms of a local workforce and/or numbers to distinguish a local business. Assistant County Manager Alex Munoz agreed to look into Chairperson Morales' concerns.

Budget and Finance Committee 12/11/2003 2D Deferred to next committee meeting due to lack of a quorum 1/15/2004
REPORT: The foregoing item was deferred to the next Budget and Finance Committee scheduled for January 15, 2004 at 9:30 a.m. due to lack of a quorum. (See report under Agenda Item 1C).

Board of County Commissioners 12/4/2003 13Q Adopted on first reading as amended 12/11/2003 P
REPORT: County Attorney Ginsburg read an amendment into the record which stated that the fifth and sixth lines of subsection (2)(b) on handwritten page 4 should be amended to delete “any increase to the preference accorded local firms where request for proposals, qualifications or other submittals and competitive negotiation and selection are utilized.” The ordinance was set for Public Hearing before the Budget and Finance Committee at its next meeting scheduled for December 11, 2003.

County Attorney 12/4/2003 Assigned Budget and Finance Committee 12/11/2003

County Attorney 12/4/2003 Assigned R. A. Cuevas, Jr. 12/4/2003

Legislative Text


TITLE
ORDINANCE AMENDING SECTION 2-8.5 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, TO INCREASE THE PREFERENCE ACCORDED LOCAL BUSINESS IN COUNTY CONTRACTING; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. Section 2-8.5 of the Code of Miami-Dade County, Florida, is amended as follows:1
Sec. 2-8.5. Procedure to provide preference to local business in county
contracts.

* * *

(2) Preference in purchase of personal property, general services, professional services, the purchase of or contract for construction or renovation of public works or improvements, and in the purchase of personal property, general services or professional services by means of competitive bid, request for proposals, qualifications or other submittals and competitive negotiation and selection. Except where federal or state law, or any other funding source, mandates to the contrary, preference shall be given to local businesses in the following manner:

(a) Competitive bid. When a responsive, responsible non-local business submits the lowest price bid, and the bid submitted by one or more responsive, responsible local businesses is within [[five]] >>ten<< percent of the price submitted by the non-local business, then that non-local business and each of the aforementioned local businesses shall have the opportunity to submit, within five working days of bid opening, a best and final bid equal to or lower than the amount of the low bid previously submitted by the non-local business. Contract award shall be made to the responsive, responsible business submitting the lowest best and final bid. In the case of a tie in the best and final bid between a local business and a non-local business, contract award shall be made to the local business.

(b) Request for proposals, qualifications or other submittals and competitive negotiation and selection. If, following the completion of final rankings (technical and price combined, if applicable) by the selection committee, a non-local business is the highest ranked proposer, and the ranking of a local proposer is within five percent of the ranking obtained by the non-local proposer, then the highest ranked local proposer shall have the opportunity to proceed to negotiations with the County under the applicable sections of this Code.


(c) Professional services procured pursuant to Section 287.055, Florida Statutes. The application of local preference to professional services procured pursuant to Section 287.055, Florida Statutes shall be in accordance with the process outlined in Section 2-10.4 of the Code of Miami-Dade County.

If a tie occurs between two (2) or more local businesses, then contract award on the basis of best and final bids (paragraph (a) above), or the opportunity to proceed to negotiations (paragraph (b) above), shall be made to such local business having the greatest number of its employees that are Miami-Dade County residents.

* * *

Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance shall become and made a part of the Code of Miami-Dade County, Florida. The section of this ordinance may be rendered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article" or other appropriate word.
Section 4. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon on override by this Board.
1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged



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