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1/3/00
RESOLUTION NO. " O — 024
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO EXECUTE A
MINORITY BUSINESS ENTERPRISE AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, TO
PARTICIPATE IN THE FLORIDA STATEWIDE UNIFORM
MINORITY BUSINESS ENTERPRISE CERTIFICATION
PROGRAM.
WHEREAS, §287.09431, Fla.Stat. (1999), allows state and
local governments to join a uniform statewide certification
program for minority business enterprises; and
WHEREAS, the purpose is to provide for a uniform process
whereby the status of a business concern may be determined in a
singular review of the business information, in order to
eliminate any undue expense, delay or confusion to minority owned
businesses in seeking to participate in the minority business
assistance programs; and
WHEREAS, §287.0943, Fla.Stat. (1999), authorizes the"Florida
Department of Labor and Employment Security to adopt a uniform
certification criteria to be used by all the participants in the.
Program; and
?ATTAR ENT
C0uI 4_161tl k
CITY COMMISSION
MEETING or
JAM 1 3 2000
Resolution No.
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WHEREAS, the City of Miami has been invited by the State of
Florida Advocacy and Assistance Office to participate in this
Program.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorizedll to
execute a Minority Business Enterprise Agreement, in a
substantially the attached form, to participate in the Florida
Statewide Uniform Minority Business Enterprise Certification
Program.
The herein authorization is further subject to compliance with all
requirements that may be imposed by the City Attorney, including but not
limited to those prescribed by applicable City Charter and Code
provisions.
Page 2 of 3 �,
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Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.2/
PASSED AND ADOPTED this 13th day of January , 2000.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of
this legislation by signing it in the designated plc-, provi�;ed, saiu ?ef i s<„> ,r
becomes effective with the elapse of ten (10 days file dat f Com on action
regarding same, without the Mayor a in
ATTEST:
Walter F nan, ity Clerk
WALTER J. FOEMAN
CITY CLERK
CORRECTNESS to
KPKJANDWOVILA]
TY ATTORNEY
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If the Mayor does not sign this Resolution, it shall become effective at
the end of ten calendar days from the date it was passed and adopted.
If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
Page 3 of 3 5'q
MINORITY BUSINESS ENTERPRISE AGREEMENT
THIS AGREEMENT, entered into this day of 11999 by City of
Miami, represented by its authorized signatory(ies) is in full compliance with Section 287.0943 1,
Florida Statutes which provides as follows:
F.S. 287.09431 Statewide and interlocal agreement on certification of
business concerns for the status of minority business enterprise. ---The
statewide and interlocal agreement on certification of business concerns for
the status of minority business enterprise is hereby enacted and entered into
with all jurisdictions or organizations legally joining therein. If, within 2
years from the date that the certification core criteria are approved by the
Department, the agreement included herein is not executed by a majority of
county a municipal governing bodies that administer a minority business
assistance program on the effective date of this act, then the Legislature shall
review this agreement. It is the intent of the Legislature that if the
agreement is not executed by a majority of the requisite governing bodies,
then a statewide uniform certification process should be adopted, and that
said agreement should be repealed and replaced by a mandatory state
government certification process.
ARTICLE I
PURPOSE, FINDINGS, AND POLICY
(1) The parties to this agreement, desiring by common action to establish a uniform certification
I rocess in order to reduce the multiplicity of applications by business concerns to state and local
governmental programs for minority business assistance, declare that it is the policy of each of
them, on the basis of cooperation with one another, to remedy social and economic disadvantage
suffered by certain groups, resulting in their being historically underutilized in ownership and
control of commercial enterprises. Thus, the parties seek to increase the participation of the
identified groups in opportunities afforded by government procurement.
(2) The parties find that the State of Florida presently certifies firms for participation in the
minority business assistance programs of the state. The parties find further that some counties,
municipalities, school boards, special districts, and other divisions of local government require a
separate, yet similar, (and in most cases redundant) certification in order for businesses to
participate in the programs sponsored by each government entity.
(3) The parties find further that this redundant certification has proven to be unduly burdensome
to the minority-owned firms intended to benefit from the underlying purchasing incentives.
(4) The parties agree that:
(a) They will facilitate integrity, stability, and cooperation in the statewide and
interlocal. certification process, and in other elements of programs established to assist
minority-owned businesses.
(b) They will cooperate with agencies, organizations, and associations interested in
certification and other elements of minority business assistance.
(c) It is the purpose of this agreement to provide for a uniform process whereby the
status of a business concern may be determined in a singular review of the business
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information for these purposes, in order to eliminate any undue expense, delay, or confusion
to the minority-owned businesses in seeking to participate in the minority business
assistance programs of state and local jurisdictions.
ARTICLE II
DEFINITIONS --- As used in this agreement and contracts made pursuant to it, unless the
context clearly requires otherwise:
(1) "Awarding organization" means any political subdivision or organization authorized by
law, ordinance, or agreement to enter into contracts and for which the governing body has
entered into this agreement.
(2) "Department" means the Department of Labor and Employment Security.
(3) "Minority" means a person who is a lawful, permanent resident of the state and having
origins in one of the minority groups as described in City of Miami Code Section 18-137.
(4) "Minority and women -owned business enterprise" means a business enterprise in which
at least 51 percent of said enterprise is owned by Blacks, Hispanics or women whose
management and daily business operations are controlled by one or more Blacks, Hispanics or
women.
(5) "Participating state or local organization" means any political subdivision of the state or
organization designated by such that elects to participate in the certification process pursuant to
this agreement, which has been approved according to s. 287.0943 and has legally entered into
this agreement.
ARTICLE III
STATEWIDE AND INTERLOCAL CERTIFICATION ---
(1) All awarding organizations shall accept a certification granted by any participating
organization which has been approved according to s. 287.0943(2) and has entered into this
agreement, as valid status of minority business enterprise.
(2) A participating organization shall certify a business concern that meets the definition of
minority business enterprise in this agreement, in accordance with the duly adopted eligibility
criteria.
(3) All participating organizations shall issue notice of certification decisions granting or
denying certification to all other participating organizations within 14 days of the decision. Such
notice may be made through electronic media.
(4) No certification will be granted without an on-site visit to verify ownership and control of
the prospective minority business enterprise, unless verification can be accomplished by other
methods of adequate verification or assessment of ownership and control.
(5) The certification of a minority business enterprise pursuant to the terms of this agreement
shall not be suspended, revoked, or otherwise impaired except on any grounds which would be
sufficient for revocation or suspension of a certification in the jurisdiction of the participating
organization.
(6) The certification determination of a party may be challenged by any other participating
organization by the issuance of a timely written notice by the challenging organization to the
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certifying organization's determination within 10 days of receiving notice of the certification
decision, stating the grounds therefor.
(7) The sole accepted grounds for challenge shall be the failure of the certifying organization
to adhere to the adopted criteria or the certifying organization's rules or procedures, or the
perpetuation of a misrepresentation or fraud by the Minority Business Enterprise.
(8) The certifying organization shall reexamine its certification determination and submit
written notice to the applicant and the challenging organization of its findings within 30 days
after the receipt of the notice of challenge.
(9) If the certification determination is affirmed, the challenging agency may subsequently
submit timely written notice to the firm of its intent to revoke certification of the Minority
Business Enterprise.
(10) The Minority Business Advocacy and Assistance Office is required by Section 287.0943,
Florida Statutes, to ensure that all executors of this agreement comply with the laws of the State
of Florida concerning certification, reciprocity, reporting and sharing of information, training,
access to records both at the state and local levels, and the maintaining of records. It is,
therefore, incumbent upon the executors of this agreement that full cooperation is forthcoming in
these matters set out herein and that the office shall diligently comply with its statutory duties
oversight.
ARTICLES IV
APPROVED AND ACCEPTED PROGRAMS ---
Nothing in this agreement shall be construed to repeal or otherwise modify any ordinance, law,
or regulation or a party relating to the existing minority business assistance provisions and
procedures by which minority business enterprises participate therein.
ARTICLE V
TERM --- The term of the agreement shall be 5 years after which it may be re -executed by any
or all of parties.
ARTICLE VI
AGREEMENT EVALUATION --- The designated state and local officials may meet from time
to time as a group to evaluate progress under the agreement, to formulate recommendations for
changes, or to propose a new agreement.
ARTICLE VII
OTHER ARRANGEMENTS --- Nothing in this agreement shall be constructed to prevent or
inhibit other arrangements or practices of any party in order to comply with federal law and local
ordinance.
ARTICLE VIII
EFFECT AND WITHDRAWAL. ---
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(1) This agreement shall become effective when properly executed by legal representative of
the participating organization, when enacted into the law of the state and after an ordinance or
other legislation is enacted into law by the governing body of the participating organization upon
the approval of this agreement by the governing body of that organization.
(2) Any party may withdraw from this agreement by enacting legislation repealing the same,
but no such withdrawal shall take effect until one year after the governing body of the
withdrawing party has given notice in writing of the withdrawal to the other parties.
(3) No withdrawal. shall relieve the withdrawing party of any obligations imposed upon it by
law.
ARTICLE IX
FINANCIAL RESPONSIBILITY ---
(1) A participating organization shall not be financially responsible or liable for the
obligations of any other participating organizations related to this agreement.
(2) The provisions of this agreement shall constitute neither a waiver of any governmental
immunity under Florida law nor a waiver of any defenses of the parties under Florida law. The
provisions of this agreement are solely for the benefit of its executors and not intended to create
or grant any rights, contractual or otherwise, to any person or entity.
ARTICLE X
VENUE AND GOVERNING LAW --- The obligations of the parties to this agreement are
performable only within the county where the participating organization is located, and statewide
for the Minority Business Advocacy and Assistance Office, and venue for any legal action in
connection with this agreement shall lie, for any participating organization except the Minority
Business Advocacy and Assistance Office, exclusively in the county where the participating
organization is located. This agreement shall be governed by and construed in accordance with
the laws and court decisions of Florida.
ARTICLE XI
CONSTRUCTION AND SEVERABILITY --- The agreement shall be liberally construed so as
to effectuate the purposes thereof.
The principal signatory party to this agreement, having concluded related negotiations and in
consideration of the best interests of its citizens and/or clients, acknowledges its reciprocal
relationships with all other participating entities and agrees to assume the aforementioned
responsibilities as a participant in the Statewide and Inter -Local MBE Certification Program. In
addition, said party agrees that its principal role is to comply with the local ordinances of the
City of Miami, applying criteria in the processing of applications that meet their requirements. If
an applicant does not meet their requirement, then the City will forward (in a timely manner) that
application to the State Minority Business Advocacy and Assistance Office to be processed.
The entity shall be consistent with the core eligibility criteria and rules, process applications for
certification, recertification, and amended specialties until determination, enforce the due process
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rights of denied applicants, and do all else necessary to implement all aspects of the reciprocal
certification program, entering into the Profiler only those businesses that meet the core
eligibility criteria;
The provisions of this agreement shall be severable and if any phrase, clause, sentence, or
provision of this agreement is declared to be contrary to the State Constitution or the United
States Constitution, or the application thereof to any government, agency, person, or
circumstance is held invalid, the validity of the remainder of this agreement and the applicability
thereof to any government, agency, person, or circumstance shall not be affected hereby. If this
agreement shall be held contrary to the State Constitution, the agreement shall remain in full
force and effect as to all severable matters.
IN WITNESS THEREOF, the parties hereto have caused this page Agreement to be
executed by their undersigned officials as duly authorized, this day of
52000.
CITY OF MIAMI, a municipal Corporation
ATTEST: of the State of Florida
By
WALTER J. FOEMAN DONALD WARSHAW
City Clerk City Manager
ATTEST:
By: By
Corporate Secretary
APPROVED AS TO INSURANCE
REQUIREMENTS:
Risk Management Department
APPROVED AS TO FORM AND
CORRECTNESS:
ALEJANDRO VILARELLO
City Attorney
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CITY OF MIAMI, FLORIDA 3
INTER -OFFICE MEMORANDUM
The Honor le Mayor and DEC 2 9 2001 -
TO:
Membe the City Commission DATE: FILE
iSUBJECT: Reciprocal Minority Certification
D na H. Warshaw
FROM: City Manager REFERENCES:
ENCLOSURES:
RECOMMENDATION
It is respectfully recommended that the City Commission approve the attached Inter -local
Agreement with the State of Florida to allow the City of Miami to enter into a reciprocal
relationship in which the City of Miami qualifies businesses to participate in City of Miami
and/or State of Florida procurement or contracting programs as certified minority businesses
enterprises.
BACKGROUND
The Florida Statewide and Inter -Local Minority Business Enterprise Certification is an initiative
implemented through the coordination and cooperation of the state of Florida and the various
cities, counties, and organizations in Florida that sponsor Minority Business Enterprise
programs. The program would allow vendors to obtain minority certification with several
governmental entities by submitting one application for minority certification to their local
Minority Business Enterprise Office. The purpose of the program is to stream line the multiple
and duplicative jurisdictional licensure processes for which businesspersons must apply for
minority certification. This process allows each person access to certification in a greater
number of jurisdictions, and each governmental entity a larger pool of minority certified vendors.
City of Miami Ordinance No. 10062 sets a goal of awarding a minimum of 51 percent of the total
annual dollar volume of all procurement expenditures to Blacks, Hispanics, and woman -owned
business enterprises. Participating in the Florida Statewide and Inter -Local Minority Business
Enterprise Certification Program would increase the number of applicants for Minority
certification with the City of Miami and thus the number certified minority vendors. Increasing
the pool of certified vendors would not only assist the City in reaching its Minority/Women
Business Enterprise goal, but would allow for greater competition in projects requiring minority
participation thereby increasing value and cost savings.
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DHWB W/JSC/ELM
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Histo(y Cont'
wBriefed/Surveyed MBE Program Managers
wSecured Computer Network
wSeptember 2, 1997 Kickoff
-Confirmed Partnerships
1. City of Tampa
2. Tampa Port Authority
3. Tampa General Hospital
4. Leon County School Board
. North Broward Hospital District
6. Leon County
7. City of Jacksonville
8. Duval County Public School
.9. City of Tallahassee
10. Alachua County
Ill. City of Hollywood
12. Lee County
13. Orlando/Orange County Expressway Authority
14. Orange County School Board
15. Seminole County
16. University of Florida
17. Monroe County School Board
18. University of West Florida
19. University of South Florida
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27.
28.
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30.
31.
32.
33.
34.
35.
36.
37.
38.
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40.
41.-
42.
43.
44.
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University of Central Florida
Hillsborough County School Board
Minority/Women Business. Enterprise Alliance
Santa Rosa County., School Board
City of Ft. Lauderdale
Pasco -Hernando Community College
Valencia Community College
Manatee Community College
Hillsborough Community .College :
Polk Community College
Daytona Beach Community College
Edison Community College
Palm Beach Community' College
St. Petersburg Community College
Florida Community College at Jacksonville
Indian River Community College
Miami -Dade Community College
Pensacola Junior College
Gulf,Coast Community College
Brevard Community College
Lake City Community College
Tallahassee Community College
National Minority Supplier Development Council
Florida Regional Minority Purchasing Council
:Central Florida Community.College
Alachua County School Board
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Statewide Reciprocal Certification
Minority Business Advocacy
and Assistance Office
Department of Labor and Employment Security
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An
An initiative implemented through the coordination
and cooperation of the State of Florida, various cities,
counties and organizations in Florida, whereby the
status of certified Minority Business Enterprises is
accepted by all participating entities.
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To streamline MBE Certification by creating a
"One -Stop Certification" process. (One application)
To create an agreement between state and local
governments for uniform certification of MBEs.
(One process)
To increase the pool of certified MBEs across the
state for utilization in the local and state
governmental procurement process. (One database)
Submitted Into the t"''
recon. hi cenne-*; ," z ,�
Waiter Fouma,n
City Clerk
3
60— 04`2
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Expansion of vendor pool (increase competition) s
Sharing of information between entities
Responsive to small business concerns (one stop
process)
Reduction of workload for certification officers
Combined knowledge of participating partners 1
Online directory available (one database)
Submitted into ii„
record In corm
6tem 3 ��cr� 13 - 0 4
City Clerk 00- 024
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A legislative mandate in 1994 created the Minority
Business Certification Task Force (287.0943,F.S.) s
The Task Force was comprised of representatives
from:
The Florida League of Cities, Inc.
The Florida Association of Counties
The Florida School Boards Association, Inc. •
The Association of Special Districts
Florida Association of Minority Business Officials
ubrni'
recoed in cz---
items i on /— 13-0d 5
Wafer Kt�iY
City Clerk
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Florida Assoc. of Governmental Purchasing Officials
Minority Business Advocacy &Asst. Office s
Advisory Council on Intergovernmental Relations (ex -
officio)
DLES approved Task Force's work products on July 16,
1996
Briefed/Surveyed MBE Program Managers �
Secured Computer Network
September 2, 1997 Kickoff
Submitted into €rt,: ,
record in conne=--'
Item 2�j_ on ,L-13 -o,0 6
Walter F,-,
City Cies;
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erri-f yjll�
MB AAO
City of Tampa
Leon County
City of Jacksonville
Duval Co. Public School
City of Tallahassee
A
ubddd deu wa c :
record in connectic
item ,aj on
Walter F(- ...
City '1,- `k
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School Boards
Alachua County School Board
Hillsborough Co. School Bd.
Leon Co. Public Schools
Monroe County School Board
Santa Rosa Co. School Board
Orange Co. School Board
Special Districts
North Broward Hospital Dist.
Orlando/Orange Co. Exp. Auth
Tampa General Hospital
Tampa Port Authority
South Florida Water Mgt. Dist.
Universities
Florida State
Central Florida
Florida
South Florida
West Florida
Florida International
Private Sector
Florida Regional Minority
Purchasing Council 16
Minority/Women Business
Alliance
National Minority Supplier
Development Council of FL, Inc.
Submitted into the rWN!1r
record in connect:;.
jtorn . 3 `'� on c'o 8
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Community Colleges
Brevard
Central Florida
Daytona Beach
Edison
Florida CC at Jacksonville
Florida Keys
Gulf Coast
Hillsborough
Indian River
Lake City
Manatee
Miami -Dade
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North Florida
Okaloosa Walton
Palm Beach
Pasco Hernando
Pensacola
Polk
Santa Fe
Seminole
South Florida
St. Petersburg
Tallahassee
Valencia
F
Submaitted ins,.
record in e 9
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Walter Foo i vv:
City Clerk GO—
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F r r i o r IrJ�� �a �a ) p -..0
(C�Dr)-CC1)
Cities:
City of Ft. Lauderdale
City of Gainesville
City of Hollywood
Counties
Alachua County
Lee County
Seminole County
Escambia County
10
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SubmMed into
regard in
City Cle tO- 024
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Computer Network
Computers and Technical Services, Inc.
Client/server, Windows NT SQL Server,
Visual FoxPro
Local offices, Internet and TCP/IP
Software offers variety of information
P
w.all.��iY'ti�'c-��'j �into to .
record in cni.
itern 2`1 cri / l3 -0011
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City Clerk
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irrtorrria�iori
Contact MBAAO Office
Arnell Bryant -Willis, Director of Operations
Dwayne Cargile, Systems Project
Administrator
Susan Hodge, Office Automation Analyst
(850) 487-0915
Website: http://mbaao.fdles.state.fl.us
Email: Minority_Business @fdles.state.fl.us
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