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2015-06-336 City of Miami Gardens Business and Resident Economic Growth PlanORDINANCE NO. 2015-06-336 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING CHAPTER 2, ARTICLE IX, DIVISION 5 OF THE CODE OF ORDINANCES TO ADD SECTIONS 2-790 THROUGH 2-796 TO ESTABLISH THE "CITY OF MIAMI GARDENS BUSINESS AND RESIDENT ECONOMIC GROVVTH PLAN" PURCHASING PREFERENCE; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. WHEREAS, there are approximately 30,000 unemployed/under-employed job seeker residents within the City of Miami Gardens, and WHEREAS, the City of Miami Gardens is committed to helping residents secure and maintain gainful employment, and in line with this goal, the City of Miami Gardens is hereby establishing a preference to businesses, in the award of contracts, when the business prepares a City of Miami Gardens Business and Resident Economic Growth Plan (CMG-BREP), and WHEREAS, the CMG-BREP will detail how the business plans to provide employment, training, apprenticeship and mentoring opportunities to the City's residents, and WHEREAS, to successfully complete a CMG-BREP, businesses must register with CareerSource South Florida and complete their CMG-BREP with CareerSource South Florida's designated CMG-BREP representative, and WHEREAS, the CMG-BREP is meant to ensure the City's residents benefit from the employment opportunities created within the City, and WHEREAS, under the CMG-BREP, dollars spent to procure goods will result in increased employment and workforce training opportunities for members of the local Ordinance No. 2015-06-336 Page 1 community, enhancing the quality of life for residents of the City of Miami Gardens and ensure a well-trained and skilled workforce for businesses in the City, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Ordinance. Section 2. AMENDMENT: Chapter 2, Article IX, Division 5 of the Code of Ordinances is hereby amended to add Sections 2-790 through 2-796 as follows: Sec. 2-790. - Established Except where federal or state law or a funding restriction mandates to the contrary, the City Council hereby establishes a preference in purchasing and contracting for businesses preparina a City of Miami Gardens Business and Resident Economic Growth Plan (CMG-BREP) detailina how the business plans to provide employment, training, apprenticeship and mentoring opportunities to the City's residents. Sec. 2-791. - Findings of fact. Each year, the City spends significant amounts purchasing goods and services. The dollars used to make these purchases are derived, in large part, from taxes and fees imposed on local businesses. The City Council has determined the funds generated in the community, to the extent possible, should be placed back into the local community to aid residents in their pursuit of stable and gainful employment. Currently, more than 30,000 of the City's residents are unemployed/under-employed job seekers. Therefore, increasing employment, training, apprenticeships and mentoring opportunities will positively impact a significant amount of residents in the City of Miami Gardens. Sec. 2.792. - Purpose; scope, applicabilitv. (a) The CMG-BREP is meant to ensure dollars spent to procure goods will result in increased employment and workforce training opportunities for members of the local community. This will enhance the guality of life for residents of the City of Miami Gardens and ensure a well-trained and skilled workforce for businesses in the City. Ordinance No. 2015-06-336 Page 2 community, enhancing the quality of life for residents of the City of Miami Gardens and ensure a well-trained and skilled workforce for businesses in the City, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Ordinance. Section 2. AMENDMENT: Chapter 2, Article IX, Division 5 of the Code of Ordinances is hereby amended to add Sections 2-790 through 2-796 as follows: Sec. 2-790. - Established Except where federal or state law or a funding restriction mandates to the contrary, the City Council hereby establishes a preference in purchasing and contracting for businesses preparing a City of Miami Gardens Business and Resident Economic Growth Plan (CMG-BREP) detailing how the business plans to provide employment, training, apprenticeship and mentoring opportunities to the City's residents. Sec. 2-791. - Findings of fact. Each year, the City spends significant amounts purchasing goods and services. The dollars used to make these purchases are derived, in large part, from taxes and fees imposed on local businesses. The City Council has determined the funds generated in the community, to the extent possible, should be placed back into the local community to aid residents in their pursuit of stable and gainful employment. Currently, more than 30,000 of the City's residents are unemploved/under-emploved job seekers. Therefore, increasing employment, training, apprenticeships and mentoring opportunities will positively impact a significant amount of residents in the City of Miami Gardens. Sec. 2.792. - Purpose: scope, applicability. (a) The CMG-BREP is meant to ensure dollars spent to procure goods will result in increased employment and workforce training opportunities for members of the local community. This will enhance the gualitv of life for residents of the City of Miami Gardens and ensure a well-trained and skilled workforce for businesses in the City. Ordinance No. 2015-06-336 Page 2 (b) This policy applies to all businesses interested in participating in City procurement activities. Eligible businesses must demonstrate completion of a CMG-BREP plan approved bv a CareerSource South Florida representative. Sec. 2-793. - Policv statement; exception In the purchase or lettino of contracts for procurement of personal propertv. materials, certain contractual services and construction of improvements to real property or to existing structures, the City Council or other purchasing authority, may give a preference to businesses that submit a CareerSource South Florida approved CMG-BREP detailing their plan to provide employment, training, apprenticeships and mentoring opportunities to City Residents. (a) The preference set forth in this article shall not apply to any of the following purchases or contracts: (1) Purchases or contracts with an estimated value of $50,000.00 or less: (2) Purchases exempted bv law, rule, policy or procedure from the reguirements for competitive solicitation/bid: (3) Purchases or contracts which are funded, in whole or in part bv a governmental entity and the laws, regulations, or policies governing such funding which prohibit application of that preference: (4) Purchases made or contracts let under emergency procurement situations as such are defined in the city's procurement policies and procedures or as determined bv city council: (5) Purchases that are made through purchasing cooperatives or through the use of existing contracts with other governmental jurisdictions, the state or federal agencies: (6) Any purchases that are exempt from the purchasing reguirements in accordance with the city's purchasing ordinance. Sec. 2-794. - Procedures. (a) AH businesses applying for procurement preference under this policv shall register with CareerSource South Florida and complete the CMG-BREP with CareerSource South Florida's designated CMG-BREP representative. The CMG- BREP representative will provide the bidder with the information and resources necessary to satisfactorily complete their CMG-BREP. At a minimum, this plan must state the number of residents to be employed, training sessions to be held, apprenticeships to be offered, and mentoring sessions to be administered bv the business. The CMG-BREP shall also provide the iob descriptions for the positions/internships/apprenticeships referred to in the plan and identify the steps the bidder will take to ensure both Prime and Subcontractors utilize and/or employ Ordinance No. 2015-06-336 Page 3 local businesses and residents in every phase of the Project, from community outreach to completion. The CMG-BREP shall be submitted at the time of submittal of the bid or request for proposal/qualifications. (b) Bidders responding to solicitations exceeding $50.000 may submit a CMG-BREP. The CMG-BREP must be submitted prior to the applicable deadline for bid submission and must be accompanied by other requested bid documents. (c) For contract awards based upon evaluation criteria pursuant to a points system. CMG-BREP points shall be awarded as follows: Bidder with a CareerSource South Florida approved 15 points City of Miami Gardens Business and Resident Economic Growth Plan 2-795. - Waiver and Addition of the CMG-BREP Requirement. The City Manager may waive this requirement if the highly technical nature of the work makes completing a CMG-BREP unfeasible. The City Manager may add the CMG- BREP requirement to any solicitation the City Manager deems appropriate and in the best interest of the City. 2-796 - Sanctions for non-performance, inadequate performance, or violation of CMG-BREP Sanctions include: (a) Applicable city contracts shall include provisions stating the nature of the sanctions to be imposed on a contractor that does not perform in the manner outlined in their CMG-BREP. Such sanctions shall include, but not be limited to, the following: 1. Suspension of contract until contractor performs obligations, if appropriate. 2. Default and/or termination. 3. Payment of $1,500.00 per employee, or the value of wages that would have been earned by employees injured by contractor's noncompliance. whichever is less. (b) If any contractor attempts to comply with the provisions of this section through fraud, misrepresentation or material misstatement, the city, in its sole discretion. Ordinance No. 2015-06-336 Page 4 may immediately terminate the subject citv contract. Section 3. CONFLICT: All ordinances or Code proyisions in conflict herewith are hereby repealed. Section 4. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held inyalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent proyision and such holding shall not affect the yalidity of the remaining portions of this Ordinance. Section 5. INCLUSION IN CODE: It is the intention of the City Council of the City of Miami Gardens that the proyisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Miami Gardens and that the section of this Ordinance may be renumbered or relettered and the word "Ordinance" may be changed to "Chapter," "Section," "Article" or such other appropriate word or phrase, the use of which shall accomplish the intentions herein expressed. Section 6. EFFECTIVE DATE: This Ordinance shall become effectiye immediately upon its final passage. PASSED ON FIRST READING ON THE 27th DAY OF MAY, 2015. PASSED ON SECOND READING ON THE 10™ DAY OF JUNE, 2015. ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD^ THE 10™ DAY OF JUNE, 2015. OLIVER GILBERT, III, MAYOR Ordinance No. 2015-06-336 Page 5 ATTEST: ROKIETTA TAYLOR, ^C, CITY CLERK PREPARED BY: SONJA KNIGHTGN DICKENS. ESQ.. CITY ATTORNEY SPONSORED BY: CAMERON D. BENSON. CITY MANAGER Moved by: Councilman Williams Second by: Councilman Harris VOTE: 6-0 Mayor Oliver Gilbert. Ill (Yes) (No) Not present Vice Mayor Felicia Robinson _x (Yes) (No) Councilwoman Lillie Q. Odom _x (Yes) (No) Councilman David Williams Jr _x (Yes) (No) Councilwoman Lisa C. Davis _x (Yes) (No) Councilman Rodney Harris _x (Yes) (No) Councilman Ertiabor Igtiodaro, Phi.D. _x (Yes) (No) Ordinance No. 2015-06-336 Page 6 ^\AM7q m eoo Page 17 of 156 City of Miami Gardens Agenda Cover Memo 18605 NW 27" Avenue Miami Gardens, Florida 33056 Council Meeting Date:June 10, 2015 Item Tjrpe: (Enter X in box] Resolution Ordinance Odier X Fiscal Impact: [Enter X in box)Yes No Ordinance Rear ing:1st Reading 2ni Reading (Enter X in box)X X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source:(Enter Fund & Dept) Ex: N/A Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: N/AX Strategic Plan Related (Enter X in box) ;Yes Strategic Plan Priority Area: Enhance Organizational 1 1 Bus. & Economic Dev O Public Safety □ Quality of Education O Qua!, of Life & City Image X Communcation dl Strategic Plan ObJ./Strategy: (Usttiie specific objective/strategy tJiis item will address)X Sponsor Name Cameron Benson, City Manager Department:City Manager Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING CHAPTER 2, ARTICLE IX, DIVISION 5 OF THE CODE OF ORDINANCES TO ADD SECTIONS 2-790 THROUGH 2-796 TO ESTABLISH THE "CITY OF MIAMI GARDENS BUSINESS AND RESIDENT ECONOMIC GROWTH PLAN" PURCHASING PREFERENCE; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. Staff Summary: J The City of Miami Gardens is committed to helping residents secure and maintain gainful employment. In line with this goal, the City of Miami Gardens is establishing a preference to businesses, in the award Item 1-1) Ordinance Second Reading Business and Resident Economic Growth Plan Page 18 of 156 Miami Gardens, Florida 33056 18605 NW 27*^ Avenue of contracts, when the business prepares a City of Miami Gardens Business and Resident Economic ^ Growth Plan (CMG-BREP). The CMG-BREP will detail how the business plans to provide employment, training, apprenticeship and mentoring opportunities to the City's residents. To successfully complete a CMG-BREP, businesses must register with CareerSource South Florida and complete their CMG-BREP with CareerSource South Florida's designated CMG-BREP representative. There are approximately 30,000 unemployed/under-employed job seeker residents within the City of Miami Gardens. The CMG-BREP is meant to ensure the City's residents benefit from the employment opportunities created within the City. Under the CMG-BREP, dollars spent to procure goods will result in increased employment and workforce training opportunities for members of the local community. This will enhance the quality of life for residents of the City of Miami Gardens and ensure a well-trained and skilled workforce for businesses in the City. Bidders responding to solicitations exceeding $50,000 may submit a CMG-BREP. The CMG-BREP must be submitted prior to the applicable deadline for bid submission and the bidder must adhere to any additional CMG-BREP requirements specified in the solicitation document. Excluded from participation are companies with contracts valued under $50,000; those exempted by law, rule or police; contracts that are funded both fully and in part by the government; emergency contracts; co-ops and existing contracts with other governmental jurisdictions and any other purchase exempted from the purchasing requirements in accordance with the City's Purchasing Ordinance. If approved, the City's Procurement Ordinance will be amended to contain the CMG-BREP policy. Proposed Action: It is recommended the City Council approve the attached Ordinance.