Miami-Dade Legislative Item
File Number: 120295
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File Number: 120295 File Type: Ordinance Status: In Committee
Version: 0 Reference: Control: Internal Mgmt. & Fiscal Responsibility Committee
File Name: PREFERENCE TO LOCAL BUSINESS IN CONTRACTING Introduced: 2/13/2012
Requester: NONE Cost: Final Action: 5/8/2012
Agenda Date: 3/6/2012 Agenda Item Number: 4B
Notes: NOTE TO CAO: ITEM FILED IN BCC FOLDER 3-6-12 Title: ORDINANCE RELATING TO PREFERENCE TO LOCAL BUSINESS IN COUNTY CONTRACTING; PROVIDING THAT REQUESTS FOR PROPOSALS AND QUALIFICATIONS OR OTHER RANKING EVALUATIONS THAT CREATE OR MAINTAIN EMPLOYMENT OPPORTUNITIES WITHIN THE COUNTY SHALL BE AWARDED UP TO FIVE PERCENTAGE POINTS IN THE EVALUATION; CONFORMING INTERLOCAL AGREEMENTS DURING THEIR TERMS; AMENDING SECTION 2-8.5 OF THE CODE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: LOCAL PREFERENCE
Sponsors: Jean Monestime, Prime 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

Internal Mgmt. & Fiscal Responsibility Committee 5/8/2012 1E1 Withdrawn P
REPORT: During consideration of the changes to today's (5/08) agenda, the foregoing proposed ordinance was withdrawn, as requested by the Prime Sponsor Commissioner Monestime.

Office of the Chairperson 5/7/2012 Withdrawals Internal Mgmt. & Fiscal Responsibility Committee 5/8/2012
REPORT: The Prime Sponsor has requested withdrawal of this item.

County Attorney 4/10/2012 Referred Internal Mgmt. & Fiscal Responsibility Committee 5/8/2012

Internal Mgmt. & Fiscal Responsibility Committee 4/10/2012 1F2 Deferred 5/8/2012 P

Board of County Commissioners 3/6/2012 Tentatively scheduled for a public hearing Internal Mgmt. & Fiscal Responsibility Committee 4/10/2012

Board of County Commissioners 3/6/2012 4B Adopted on first reading 4/10/2012 P
REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinances into the record. Hearing no questions or comments, the Board proceeded to vote on the proposed ordinances, as presented. The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Internal Management and Fiscal Responsibility Committee on Tuesday, April 10, 2012 at 2:00 p.m.

County Attorney 2/13/2012 Referred Internal Mgmt. & Fiscal Responsibility Committee 4/10/2012

County Attorney 2/13/2012 Assigned Hugo Benitez

Legislative Text


TITLE
ORDINANCE RELATING TO PREFERENCE TO LOCAL BUSINESS IN COUNTY CONTRACTING; PROVIDING THAT REQUESTS FOR PROPOSALS AND QUALIFICATIONS OR OTHER RANKING EVALUATIONS THAT CREATE OR MAINTAIN EMPLOYMENT OPPORTUNITIES WITHIN THE COUNTY SHALL BE AWARDED UP TO FIVE PERCENTAGE POINTS IN THE EVALUATION; CONFORMING INTERLOCAL AGREEMENTS DURING THEIR TERMS; AMENDING SECTION 2-8.5 OF THE CODE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY

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

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(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, Miami-Dade County and its agencies and instrumentalities, including the Public Health Trust, [shall give] preference to local businesses in the following manner:

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(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. >> In addition, County competitive solicitations shall provide that a business which creates or maintains employment opportunities within the County shall be awarded up to five percentage points in the evaluation. The number of points to be awarded shall be in the discretion of the selection committee, based on the evaluation of factors to be identified in the competitive solicitation which may include, but are not limited to: (i) the number of employees that the business has located within the County which will be used in the contract work; (ii) the length of time that the business has had employees within the County; (iii) whether any of the goods and services to be provided under the contract will be manufactured or provided within the County (in those instances where the contract does not expressly or impliedly require those services to be provided in the County); (iii) whether the business is headquartered in the County; (iv) the express commitment of the business to create employment opportunities within the County which extend beyond the term and scope of the contract, and (v) whether the business has contracted or subcontracted with local businesses in order to meet the obligations of the contract, the percentage of the work to be performed by such local businesses, and the number of employees located within the County to be benefited by the arrangement.<<

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(6) Reciprocity. In the event Broward, Palm Beach or Monroe County extends preferences to local businesses, MiamiDade 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 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. >> By exception, if a party to an interlocal agreement under this subsection increases the preference to its local businesses during the term of the interlocal agreement, the increased preference shall be extended to the businesses of the other contracting party, but only during the term of such agreement.<<

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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 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.



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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