Miami-Dade Legislative Item
File Number: 040765
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File Number: 040765 File Type: Ordinance Status: In Draft
Version: 0 Reference: Control: Procurement Management Policy Subcommittee
File Name: AMEND SEC 2-8.5 LOCAL PREFERENCE REMOVE TIMEFRAME REQUIREMEN Introduced: 3/18/2004
Requester: NONE Cost: Final Action:
Agenda Date: Agenda Item Number: 13B
Notes: Title: ORDINANCE AMENDING SECTION 2-8.5 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, TO EXPAND THE DEFINITION OF LOCAL BUSINESS IN THE APPLICATION OF LOCAL PREFERENCE IN COUNTY CONTRACTING; REMOVING TIMEFRAME REQUIREMENT FOR SUBMISSION OF THE BEST AND FINAL BID; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: AMENDING CODE
  LOCAL PREFERENCE
Sponsors: Sally A. Heyman, Prime Sponsor
  Rebeca Sosa, 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

County Attorney 4/29/2004 Assigned Procurement Management Policy Subcommittee

Budget and Finance Committee 4/22/2004 2B Amended
REPORT: Chairperson Morales announced that the foregoing proposed ordinance was open for public participation, and there being no persons to appear before the Committee, the public hearing was closed. Commissioner Heyman, as sponsor, provided an overview of this ordinance. She noted vendors were required to provide a written affirmation of their compliance with the ordinance at the time of submitting their bid or proposal to be considered as a “local business.” Commissioner Sorenson expressed concern regarding striking “within five working days of bid opening” in Section 1(2) (a) of the proposed ordinance. She recommended this language be amended to reflect “within ten working days of bid opening.” Commissioner Heyman accepted Commissioner Sorenson’s proposed amendment and asked that the striken language be replaced with the amended language. Commissioner Moss stated that while he understood the intent of the proposed ordinance, he questioned whether there was sufficient verification for the information submitted by vendors, and penalties for non-compliance. Commissioner Sosa requested that staff include additional language in this proposed ordinance to enhance the information verification process before it was considered by the County Commission. Commissioner Heyman requested that staff provide recommendations on penalties to be imposed on individuals who provide false information on an affirmation in the bid process. Commissioner Diaz spoke in support of penalties being imposed on individuals who provided false information. He commented on project delays resulting from change orders and emphasized the need for projects to be expedited. Chairperson Morales expressed concern regarding enforcement of the proposed ordinance without a quantitative standard. He requested that staff prepare appropriate legislation to require that a percentage of the workforce be local residents, linked to Commissioner Rolle’s proposal regarding workforce issues. It was moved by Commissioner Heyman that the foregoing proposed ordinance be amended to replace the language striken in Section 1(2) (a) relating to competitive bid with the following language: “within ten working days of bid opening." This motion was seconded by Commissioner Sosa, and upon being put to a vote, passed by a vote of 6-0.

Board of County Commissioners 4/13/2004 Scheduled for a public hearing Budget and Finance Committee 4/22/2004

Board of County Commissioners 4/13/2004 13B Adopted on first reading 4/22/2004 P
REPORT: The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Budget and Finance Committee on April 22, 2004 at 9:30 a.m.

County Attorney 3/18/2004 Assigned Budget and Finance Committee 4/22/2004

County Attorney 3/18/2004 Assigned Susan Torres

Legislative Text


TITLE
ORDINANCE AMENDING SECTION 2-8.5 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, TO EXPAND THE DEFINITION OF LOCAL BUSINESS IN THE APPLICATION OF LOCAL PREFERENCE IN COUNTY CONTRACTING; REMOVING TIMEFRAME REQUIREMENT FOR SUBMISSION OF THE BEST AND FINAL BID; 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:
Section 1. Section 2-8.5 of the Code of Miami-Dade County, Florida, is hereby amended as follows:1
Sec. 2-8.5

(1)     Definitions.


(a)     General services means support services performed by an independent contractor requiring specialized knowledge, experience, or expertise that includes, but is not limited, to pest control, janitorial, laundry, catering, security, lawn maintenance and maintenance of equipment.


(b)     Goods includes, but is not limited to, supplies, equipment, materials and printed matter.



(c)     Local business means the vendor has a valid occupational license issued by Miami-Dade County at least one year prior to bid or proposal submission to do business within Miami-Dade County that authorizes the business to provide the goods, services or construction to be purchased, and a physical business address located within the limits of Miami-Dade County from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not by used for the purpose of establishing said physical address. >> In addition to the foregoing, a vendor shall not be considered a “local business” unless it contributes to the economic development and well-being of Miami-Dade County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities and the support and increase to the County’s tax base. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a “local business” under this section.<<


(d) Professional services includes any services where the County is obtaining advice, instruction, or specialized work from an individual, firm, or corporation specifically qualified in a particular area.

* * * *
(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 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 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.

* * * *


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, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, 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 4. This ordinance shall become effective within ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.



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