Miami-Dade Legislative Item
File Number: 042129
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File Number: 042129 File Type: Ordinance Status: Adopted
Version: 0 Reference: 04-190 Control: County Commission
File Name: AMEND SEC 2-8.5 LOCAL PREFERENCE-REMOVE TIMEFRAME REQ. Introduced: 7/12/2004
Requester: NONE Cost: Final Action: 10/19/2004
Agenda Date: 10/19/2004 Agenda Item Number: 6E
Notes: this is sub. To 041815 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 NOS. 040765 AND 041815]
Indexes: NONE
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

Board of County Commissioners 10/19/2004 6E Adopted P
REPORT: County Attorney Robert Ginsburg read the foregoing proposed ordinance into the record. Commissioner Heyman noted this ordinance would clarify and put into specific language local business requirements in terms of economic development and benefits to Miami-Dade County. She further noted that due to the reciprocity issue, a section that included Miami-Dade, Broward, Palm Beach, and Monroe Counties, was added in recognition of interlocal agreements in place with these counties. It was moved by Commissioner Heyman that the foregoing ordinance be adopted. This motion was seconded by Commissioner Sosa, for discussion. In response to Commissioner Rolle’s inquiry regarding monitoring of this process, Assistant County Manager Alex Munoz stated the Department of Procurement Management would monitor the process. Discussion ensued between Commissioner Seijas and Mr. Munoz regarding the issue of reciprocity agreements among Broward, Palm Beach, and Monroe Counties, regarding what County staff was doing within those counties. Mr. Munoz noted reciprocity applied to only two companies; however, companies from different counties were awarded the jobs. He added Miami-Dade County had performed jobs in those counties, but not necessarily within the confines of the reciprocity agreement. Mr. Munoz noted he would redistribute the report concerning this issue to Commission members. Commissioner Sosa asked Mr. Munoz to include in his report information detailing what business was being performed by other Counties, within Miami-Dade County. There being no further questions or comments, the board proceeded to vote.

Budget and Finance Committee 7/22/2004 2A SUB. Forwarded to BCC with a favorable recommendation P
REPORT: Commissioner Diaz asked that the feasibility of imposing penalties such as disbarment on the vendor’s parent company be reviewed. Commissioner Sosa asked that she be apprised if there were any other government entities abiding by a local preference ordinance. In response to Chairperson Morales’ suggestion that a sentence be added directing the County Manager to prepare an administrative order to set forth objective or quantitative criteria, Commissioner Sosa advised that a resolution was being drafted to implement administrative measures. Commissioner Moss asked that the Chairperson of the Procurement Management Policy Subcommittee review the makeup of the Board of Directors of firms being awarded large contracts to address concerns relating to diversity, which were raised by Mr. Henry Gibbons, a member of the Citizen’s Independent Transportation Trust.

County Attorney 7/12/2004 Assigned Budget and Finance Committee 7/22/2004

County Attorney 7/12/2004 Assigned Susan Torres 7/12/2004

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.

* * * *

(6) Reciprocity. In the event Broward, Palm Beach or Monroe County extends preferences to local businesses [[ as defined herein,]] Miami-Dade County may enter into an interlocal agreement with such County wherein the preferences of this section may be extended and made available to vendors that have a valid occupational license issued by Broward, Palm Beach or Monroe County to do business in that County that authorizes the [[business ]] >>vendor<< to provide the goods, services, or construction to be purchased, and a physical business address located within the limits of that County. Post Office Boxes are not verifiable and shall not be 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 Broward, Palm Beach or Monroe County, whichever is applicable, 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 that 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.<< In no event shall the amount of the preference accorded Broward, Palm Beach or Monroe County firms exceed the amount of preference that such County extends to Miami-Dade County firms competing for its contracts.
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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