HomeMy WebLinkAboutH-1 Ordinance: CSBECity of ~Vliami ~ard~ens
1515-200 NW 167~' Street
Miami Gardens, Florida 33169
Mayor Shirley Gibson
Vice Mayor Oscar Braynon II
Councilman Melvin L. Bratton
Councilman Aaron Campbell Jr.
Councilwoman Sharon Pritchett
Councilwoman Barbara Watson
Councilman Andr~ Williams
Aaenda Cover Paqe
Date: 05/09/07
Fiscal Impact: No o Yes X Public hearing Quasi-Judicial ^
(If yes, explain in Staff Summary) Ordinance X Resolution o
Funding Source: 1 st Reading X 2nd Reading ^
Contract/P.O. Requirement: Yes ^ No^ Advertising requirement: Yes ^ No X
Sponsor Name/Department: , RFP/RFQ/Bid #
Dr. Danny Crew, City Manager
Title
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, PROVIDING
FOR A COMMUNITY SMALL BUSINESS ENTERPRISE (CSBE) PREFERENCE IN BIDDING;
PROVIDING FOR DEFINITION; PROVIDING FOR ADOPTING OF REPRESENTATtONS; REPEALING
ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY CLAUSE; PROVIDING FOR
INCLUSION IN CODE; PROVIDI8NG FOR AN EFFECTIVE DATE.
Staff Summarv
The City has or is scheduled to receive Building Better Communities (BBC) General
Obligation Bond Program funds and Road Impact Fee (RIF) funds. The agreements for
these funds require the City to adhere to the County's CSBE Program procedures or
establish a Community Small Business Enterprise (CSBE) Program.
Miami Dade County Board of County Commissioners amended Section 2-8-2.10 of the
Code of Miami-Dade County Related to Procurement Procedures on March 20, 2007. This
amendment permits municipalities to use their own procurement procedures in soliciting
architectural, engineering, surveying and mapping professional services and in soliciting for
construction projects if the municipality has their own small business program approved by
their board which would then be used in lieu of the County's program.
This ordinance will establish the City's own Community Small Business Enterprise
Preference in Bidding when the City acts as an agent for Miami-Dade County with projects
funded with GOB funds or RIF funds.
H-1) ORDINANCE
1 CT RF.AnTNG
COMMUNITY SMALL
BUSINESS ENTERPRISE
Highlights include a point system for preference when a certified small business
bidding or a part of a larger proposal. It also sets a goal of a minimum of 10
participation in proposals. Finally, it offers a financial incentive to bidders using at lea
20% certified small business participation (1 % of contract amount up to $100,000 as
bonus upon completion).
It is proposed that this process be used only for projects where the county required a
small business program as while our current program only provides incentives for Miami
Gardens-based businesses, and this program is open to small business countywide.
RECOMMENDATION
That City Council approve the proposed small business program for use when County
funding procedures require its use.
ORDINANCE No. 2007-
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, PROVIDING FOR A COMMUNITY SMALL
BUSINESS ENTERPRISE (CSBE) PREFERENCE IN BIDDING;
PROVIDING FOR DEFINITIONS; PROVIDING FOR COMPETITIVE
BIDDING; PROVIDING FOR iNCENTIVES; PROVIDING FOR
ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES
IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City is expected to receive Building Better Communities General
Obligation Bond Program Fund ("BBC Funds"), and Road Impact Fee Funds ("RIF
Funds") from Miami-Dade County, and
WHEREAS, in order for the City to receive this funding, the City is required to
comply with the County's Community Small Business Enterprise Program ("CSBE"),
6 and
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WHEREAS, the County has recently amended its procurement procedures to
provide, that in the event a city did not want to utilize the County's regulations, a city can
create its own procurement procedures in order to comply with the County's CSBE
Program, and
WHEREAS, the City Manager is recommending that the City create its own
CSBE Ordinance for this purpose,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA, as follows:
SECTION 1. CREATION OF COMMUNITY BUSINESS ENTERPRISE
ORDINANCE: A Community Small Business Enterprise Ordinance is hereby created in
the City of Miami Gardens as follows.
18 SECTiON 2. PURPOSE: The purpose of this Ordinance is to ensure that for all
19 solicitations for architectural, engineering, surveying and mapping professional services
20 and all solicitations for construction projects in the City of Miami Gardens in which the
21 City of Miami Gardens acts as an Agent for Miami-Dade County, preference shall be
22 awarded to licensed entities that have Miami-Dade County certifications for Community
23 Small Business Enterprise ("CSBE") and/or Community Business Enterprise ("CBE").
24 SECTION 3. DEFINITIONS:
25 Terms not defined in this section shall have the meaning customarily assigned to
26 them. Otherwise, the following words, terms and phrases, when used in this division,
27 shall have the meaning ascribed to them in this section, except where the context
28 clearly indicates a different meaning:
29 a. Bid/Proposal means a quotation, offer, letter of
30 interest by any bidder/proposer in response to any kind of
31 invitation, request or public announcement to submit such
32 quotation, proposal, and letter of interest or offer to perform
33 the contract.
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b. Bidder/Proposer means any person, partnership,
36 corporation or other business entity that submits a
37 bid/proposal.
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c. Bid Preference means an amount deducted (for bid
40 evaluation purposes only) from the total bid price in order to
41 calculate the bid price to be used to evaluate the bid on a
42 competitively bid City construction contract, in which the City
43 is acting as an agent for Miami-Dade County.
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d. CSBE means a construction related enterprise
46 including a design-build firm, which has an actual place of
47 business in Miami-Dade County and whose average annual
4g gross revenues for the last three years do not exceed:
49 $5,000,000 for SIC 15/NAICS 233 Building Construction,
50 General Contractors and Operative Builders; $3,000,000 for
51 SIC 16/NAICS 234-Heavy Construction, other than Building
52 Construction; or $2,500,000 for SIC 17/NAICS 235-Specialty
53 Trade Contractors. A CSBE shall be categorized in
54 accordance with Miami-Dade County regulations. A CSBE
55 will graduate out of the program once it has exceeded these
56 size limits based on its three-year average annual gross
57 revenues. A CSBE must be certified by Miami-Dade County
58 and provide proof with submittal of any bid.
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60 e. CBE means a firm providing architectural,
61 landscaping architectural, engineering, or surveying and
62 mapping professional services, including design-build firms,
63 which have an actual place of business in Miami-Dade and
64 whose three year average annual gross revenue do not
65 exceed two million dollars for first tier CBE-A/E's; four million
66 for second tier CBE/A/Es in the case of architectural,
67 engineering or surveying and mapping services; or six
gg million dollars for second tier CBE-A/Es in the case of
gg landscape architectural services. A CBE-A/E size limit is
7p based on its three-year average annual gross revenues. As
71 part of the certification process, CBE-A/E program shall be
72 based on the cumulative adjusted gross revenues of the
73 applicant firm in combination with that of all of the firm's
74 affiliates as provided in Appendix A pursuant to the Miami-
75 Dade County Ordinance number 01-103. Representations
76 as to gross revenues shall be subject to audit. A CBE must
77 be certified by Miami-Dade County and provide proof with
78 submittal of any bid.
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gp f. The City shall refer to the City of Miami Gardens.
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82 SECTION 4. COMPETITIVE BIDDING: When a responsive, responsible non-
83 CSBE Bidder submits;
84 a) the lowest price bid; and
85 b) the bid submitted by a Bidder with CSBE subcontractors receiving a
86 guaranteed 10% of the total bid amount; and
87 c) such bid is within 5% of the low bid submitted by the non-CSBE Bidder, then
88 such Bidder with CSBE subcontractors shall have the opportunity to submit,
gg within five business days of the bid opening, a best and final bid equal to or
g0 lower than the amount of the low bid previously submitted by the non-CSBE
91 Bidder. The Contract award shall be made to the responsive, responsible
92 Bidder submitting the lowest best and final bid. In the case of a tie in the best
93 and final bid between the Bidder with CSBE subcontractors and the non-
94 CSBE Bidder, contract award shall be made to the Bidder with CSBE sub-
95 contractors.
96 SECTION 5. INCENTIVE: When an awarded Bidder is either a CSBE qualified
97 bidder or is a non-CSBE qualified bidder that submits the lowest bid with CSBE
98 subcontractors receiving a guaranteed minimum 20% of the total bid amount, the non-
99 CSBE Bidder will receive a bonus equal to 1% of the total contract award but not more
100 than $100,000.00 upon a timely completion and final acceptance of the project as an
101 incentive for hiring CSBE qualified firms.
102 SECTION 6. POINTS SYSTEM: For contract awards based upon evaluation
103 criteria pursuant to a points system, there shall be a CBE-A/E participation criterion of
104 5% of the total points awarded. The points shall be awarded as follows:
105 CBE-A/E Participation Points
106 100% 5
107 50%-99% 3
108 20%-49% 2
109 5%-19% 1
110 >5% p
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112 a. Maximum points will be awarded to the proposer if
113 100% or more of the total project work is performed by a
114 CSBE/CBE company. Percentages reflect the amount of
115 total contract value proposed to be assigned to the
116 CSBE/CBE company. The percentage of CSBE company
117 participation will be calculated by dividing the proposer's
118 expenditures to a CSBE subcontractor for providing direct
119 labor or a bona fide service, by the total project dollars as
120 identified in the proposal.
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122 b. The percentage of CSBE/CBE participation will be
123 calculated by dividing the proposer's expenditures to a
124 CSBE/CBE subcontractor for providing direct labor or a bona
125 fide service, by the total project dollars as identified in the
126 proposal.
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128 c. A proposer may count toward its CSBE/CBE
129 company participation, the fees or commission charged for
130 providing direct labor or a bona fide service, such as
131 professional, technical, consultant or managerial services.
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133 d. The City will not count toward a proposer CSBE/CBE
134 company's participation, any portion or portions of the
135 CSBE/CBE company's subcontractor's work that is
136 subcontracted back to:
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138 (1) The proposer, either directly, or through any
139 other company or company owned or controlled by
140 the proposer; and
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142 (2) Any non-CSBE/CBE company.
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144 SECTION 7. SUBCONTRACTORS: A CSBE/CBE company shall not be
145 permitted to subcontract all or a majority of the subcontractual portion of the work to
146 another non-CSBE/CBE company. A CSBE/CBE company subcontractor shall be
147 prohibited from engaging in a subcontractural agreement with the intent of collecting a
148 broker's fee or commission. A CSBE/CBE subcontractor shall also be prohibited from
149 entering into a subcontractual agreement with a company whose employees perForm
150 none of the direct labor or service activities specified in the contract.
151 SECTION 8. DISQUALIFICATION: Participation by a CSBE company shall not
152 be considered and the CSBE company shall be disqualified if the owner of the CSBE
153 company enters into an agreement with a non-CSBE company with the intent of
154 securing employment with that non-CSBE company during the course of performing a
155 City contract.
156 SECTION 9. IDENTIFICATION OF CSBE-CBE SUBCONTRACTORS: In order
157 for a non-CSBE contractor that submits a bid or proposal that includes subcontractors
158 that qualify as CSBE/CBE contractors receive preference consideration, the proposer
159 shall identify all CSBE/CBE companies that will be utilized as subcontractors, and
160 delineate for each the specific elements of work each CSBE/CBE company will be
161 responsible for performing and the dollar value of the work as a percentage of the total
162 contract value. All contractors with CSBE/CBE company participation shall contain
163 documentation, signed by both the contractor and the CSBE/CBE subcontractors, that
164 confirms their intent to establish a business relationship, and that confirms the
165 CSBE/CBE company's percentage of the Contract.
166 SECTION 10. THE CONSULTANT'S COMPETITIVE NEGOTIATION ACT:
167 The Consultant's Competitive Negotiation Act shall apply to all bids awarded in
168 accordance with this Ordinance.
169 SECTION 11. SUBSTITUTION OF CSBE-CBE SUBCONTRACTORS: In the
170 event, during the perFormance of a contract, a contractor that submitted a guarantee
171 that CSBE/CBE subcontractors would receive a minimum of 10% of the total award
172 amount, falls below the minimum 10%, the contractor must locate a CSBE/CBE
173 subcontractor to substitute to maintain the 10% minimum of total award. All substitute
174 CSBE/CBE subcontractors must be pre-approved by the City. If, at the end of the
175 project, the 10% participation is not met, the contractor will be assessed a penalty of 1%
176 of the total contract amount. This penalty will be deducted from the contract retainage
177 prior to final payout.
178 SECTION 12. ADOPTION OF REPRESENTATIONS: The foregoing Whereas
179 Clauses are hereby ratified and confirmed as being true, and the same are hereby
180 made a specific part of this Ordinance.
181 SECTION 13. CONFLICT: All ordinances or Code provisions in conflict
182 herewith are hereby repealed.
183 SECTION 14. SEVERABILITY: If any section, subsection, sentence, clause,
184 phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by
185 any court of competent jurisdiction, such portion shall be deemed a separate, distinct
186 and independent provision and such holding shall not affect the validity of the remaining
187 portions of this Ordinance.
188 SECTION 15. INCLUSION IN CODE: It is the intention of the City Council of
189 the City of Miami Gardens that the provisions of this Ordinance shall become and be
190 made a part of the Code of Ordinances of the City of Miami Gardens and that the
191 sections of this Ordinance may be renumbered or relettered and the word "Ordinance"
192 may be changed to "Chapter," "Section," "Article" or such other appropriate word or
193 phrase, the use of which shall accomplish the intentions herein expressed; provided,
194 however, that Section 1 hereof or the provisions contemplated thereby shall not be
195 codified.
196 SECTION 16. EFFECTIVE DATE: This Ordinance shall become effective
197 immediately upon its final passage.
198 PASSED ON FIRST READING ON THE 9T" DAY OF MAY, 2007.
199 PASSED ON SECOND READING ON THE DAY OF . 2007.
200 ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI
201 GARDENS AT ITS REGULAR MEETING HELD ON THE DAY OF ,
202 2007.
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SHIRLEY GIBSON, MAYOR
ATTEST:
RONETTA TAYLOR, CMC, CITY CLERK
Prepared by SONJA KNIGHTON DICKENS, ESQ.
City Attorney
SPONSORED BY: DANNY CREW, CITY MANAGER
MOVED BY:
VOTE:
Mayor Shirley Gibson (Yes) (No)
Vice Mayor Oscar Braynon, II (Yes) (No)
Councilman Melvin L. Bratton (Yes) (No)
Councilman Aaron Campbell (Yes) (No)
Councilman Andre Williams (Yes) (No)
Councilwoman Sharon Pritchett (Yes) (No)
Councilwoman Barbara Watson (Yes) (No)
SKD/teh
218323_1.DOC
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