Miami-Dade Legislative Item
File Number: 041815
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File Number: 041815 File Type: Ordinance Status: In Draft
Version: 0 Reference: Control: Budget and Finance Committee
File Name: AMEND SEC 2-8.5 LOCAL PREFERENCE REMOVE TIMEFRAME REQUIREMEN Introduced: 6/16/2004
Requester: NONE Cost: Final Action:
Agenda Date: Agenda Item Number: 6
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 SANCTIONS FOR MISREPRESENTATION; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 040765]
Indexes: 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

Budget and Finance Committee 7/22/2004 2A Withdrawn
REPORT: (See Agenda Item 2A Substitute, Legislative File Number 042129)

County Attorney 6/18/2004 Referred Budget and Finance Committee 7/22/2004

Procurement Management Policy Subcommittee 6/18/2004 2A Forwarded with a favorable recommendation Budget and Finance Committee P
REPORT: Commissioner Heyman noted the foregoing proposed ordinance provided that in order for a vendor to be considered a local business it must contribute to the economic development of Miami-Dade County in a measurable way, such as offering employment opportunities and/or an increase to the County’s tax base. She noted the Manager had the discretion to recommend a firm that misrepresented local preference status be disbared or excluded from the bid process for up to a year. Commissioner Heyman stated all of her concerns had been met. Chairperson Sosa stated that the community would need to be informed regarding the changes to the definition of local preference in the procurement process, and of the consequences for misrepresentation of local business by vendors. In response to Commissioner Sorenson’s concern regarding the method used to establish parameters for the required retention and expansion of employment and increase to the County’s tax base, Mr. Munoz stated that the parameters set forth in the ordinance listed the minimum threshold and eliminated the issues of front companies. He added that detailed guidelines would be established through the Administrative Order. Commissioner Heyman stated that by including the definition of local business in an Administrative Order, it could be flexible and left as guidelines. Commissioner Heyman asked staff to provide a report detailing the guidelines developed to define local preference and present it before the PMPS for discussion. Chairperson Sosa asked staff to ensure that protocol established within the definition of local preference in the proposed A.O. was specific, and that this ordinance was legally sufficient in terms of due process pertaining to debarment and loss of privileges to do business with Miami-Dade County. Assistant County Attorney Jeff Ehlrich advised that Miami-Dade County had an existing reciprocity agreement with Broward County that was based on identical provisions regarding local preference. He indicated that upon amendment of Miami-Dade’s definition of local preference, reciprocity would end, unless Broward County enacted an identical provision. Mr. Ted Lucas, Department of Procurement Management Director, stated that a recent meeting with Broward County's Procurement Director determined that Broward’s reciprocity agreement treated vendors of both counties equally. Chairperson Sosa asked staff to consult with Broward County regarding the new definition of local preference as it pertains to the reciprocity agreement between the two counties, and try to reach a mutually acceptable agreement before this proposed ordinance was considered by the County Commission. Commissioner Sorenson requested that the relative administrative order be presented to the Board at the same time the ordinance was considered.

County Attorney 6/16/2004 Assigned Procurement Management Policy Subcommittee 6/18/2004

County Attorney 6/16/2004 Assigned Susan Torres 6/15/2004

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 SANCTIONS FOR MISREPRESENTATION; 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. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim local preference status for a period of up to one year. The County Manager, in his discretion, may also recommend that the firm be referred for debarment in accordance with Section 2-8.4.1 of the Code of Miami-Dade County. <<

(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.
1Words 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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