Miami-Dade Legislative Item
File Number: 092175
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File Number: 092175 File Type: Ordinance Status: Adopted
Version: 0 Reference: Control: Board of County Commissioners
File Name: LOCAL CERTIFIED SERVIE DISABLE VETERANS BUSINESSES Introduced: 7/17/2009
Requester: NONE Cost: Final Action: 9/1/2009
Agenda Date: 9/1/2009 Agenda Item Number: 7A
Notes: SEE 092579 FOR FINAL VERSION AS ADOPTED. Title: ORDINANCE ESTABLISHING PROCEDURES FOR PROVIDING PREFERENCE TO LOCAL CERTIFIED SERVICE-DISABLED VETERAN BUSINESSES IN COUNTY CONTRACTS; CREATING SECTION 2-8.5.1 OF THE CODE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 091856]
Indexes: VETERANS
Sponsors: Jose "Pepe" Diaz, Prime Sponsor
  Audrey M. Edmonson, Co-Sponsor
  Barbara J. Jordan, Co-Sponsor
  Rebeca Sosa, Co-Sponsor
  Carlos A. Gimenez, Co-Sponsor
  Dorrin D. Rolle, Co-Sponsor
  Dennis C. Moss, Co-Sponsor
  Katy Sorenson, Co-Sponsor
  Sen. Javier D. Souto, Co-Sponsor
  Joe A. Martinez, 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 9/1/2009 7A Amended
REPORT: See Agenda Item 7A Amended; Legislative File No. 092579

County Attorney 7/20/2009 Assigned Daniel Frastai 7/21/2009

Budget, Planning and Sustainability Committee 7/14/2009 2A AMENDED Forwarded to BCC by BCC Chairperson without recommendation with committee amendment(s) P
REPORT: Assistant County Attorney Jess McCarty read the foregoing proposed ordinance into the record. Chairwoman Sorenson opened the public hearing on the foregoing proposed ordinance. She closed the public hearing after no one appeared wishing to speak. Commissioner Gimenez explained that this proposed ordinance would apply a 5% preference to Local Certified Service-Disabled Veteran Business Enterprises (LCSDVBE) in bids for County contracts, however, the County would award the contract for 100% of the price in the LCSDVBE’s bid. He suggested that this proposed ordinance be amended to award County contracts to LCSDVBE that were within 5% of the lowest bid if LCSDVBE would match the lowest bid. He pointed out that this suggested amendment would benefit LCSDVBE by providing them work and would benefit the County by awarding the contract for a lower price. Commissioner Edmonson, co-sponsor to this proposed resolution, did not accept Commissioner Gimenez requested amendment. Commissioner Gimenez noted he would propose this amendment again when this proposed resolution came before the Board. Responding to Chairwoman Sorenson’s request for an explanation of Section 2-8.5.1(2) on handwritten page 3, Ms. Miriam Singer, Director, Department of Procurement Management, noted Section 2-8.5.1(2) clarified how the local preference would be applied. She explained that Small Business Enterprise (SBE) firms would receive preference over a local business. She pointed out that all SBE firms were also local businesses. Assistant County Attorney Daniel Frastai advised that Section 2-8.5.1(3) should be amended to add “an additional” before the word “five.” He clarified that in Section 2-8.5.1(2) the 5% preference on the price of the bid applied only for the review committee evaluating the bid, and that the contract price, if awarded, would be the original bid amount. Hearing no other questions or comments, the Committee proceeded to vote on this proposed ordinance as amended to Section 2-8.5.1(3) to add “an additional” before the word “five.” Pursuant to County Commission Chairman Moss' memorandum dated June 8, 2009, the foregoing proposed resolution was forwarded to the July 21, 2009 Commission meeting.

Legislative Text


TITLE
ORDINANCE ESTABLISHING PROCEDURES FOR PROVIDING PREFERENCE TO LOCAL CERTIFIED SERVICE-DISABLED VETERAN BUSINESSES IN COUNTY CONTRACTS; CREATING SECTION 2-8.5.1 OF THE CODE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE

BODY
WHEREAS, the Board of County Commissioners of Miami-Dade County would like to provide a preference in County procurement and contracting to service-disabled veterans who are local vendors and who have made extraordinary sacrifices on behalf of the nation,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:1
Section 1. The Code of Miami-Dade County is hereby amended by adding the following new section thereto as Section 2-8.5.1
>>Sec. 2-8.5.1 Procedure to Provide Preference to Local Certified Service-Disabled Veteran Business Enterprises in County Contracts

(1) Definitions: Local Certified Service Disabled Veteran Business Enterprise is a firm that is (a) a local business pursuant to Section 2.8.5 of the Code of Miami-Dade County and (b) prior to proposal or bid submittal is certified by the State of Florida Department of Management Services as a service-disabled veteran business enterprise pursuant to Section 295.187 of the Florida Statutes.

(2) A Local Certified Service-Disabled Veteran Business Enterprise that submits a bid for a contract shall receive a bid preference of five percent of the price bid. These preferences will only be used for evaluating and awarding the bids and shall not affect the contract price.
(3) A Local Certified Service-Disabled Veteran Business Enterprise that submits a proposal in response to an RFP, RFQ, RFI or a Notice to Professional Consultants that assigns weights to evaluation and selection criteria shall receive>>an additional<<2 five percent of the evaluation points scored on the technical portion of such bidder’s proposal.
(4) At the time of bid or proposal submission, the firm must affirm in writing its compliance with the certification requirements of Section 295.187 of the Florida Statutes and submit this affirmation and a copy of the actual certification along with the bid or proposal submission.
(5) In the event that Broward, Palm Beach or Monroe County extend preferences to Local Certified Service-Disabled Veteran Business Enterprises, Miami-Dade County may enter into an inter-local agreement with such County wherein the preferences of this section may be extended and made available to vendors that are both Certified Service-Disabled Veteran Business Enterprises and considered local vendors in those counties pursuant to Section 2-8.5 of the Code of Miami-Dade County. Nothing in this ordinance is meant to limit any preferences otherwise available to local businesses pursuant to the Code.<<
Section 2. If any section, subsection, sentence, or clause 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 re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.

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.

2 Committee amendments are indicated as follows: words double stricken through and/or [[double bracketed]] shall be deleted, words double underlined and/or >>double arrowed<< constitute the amendment proposed



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