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Home My WebLink AboutO-11272J-95-486 05/23/95 ORDINANCE NO. 12 7 2 AN EMERGENCY ORDINANCE AMENDING CHAPTER 18, ENTITLED "FINANCE," OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY REDEFINING THE TERM "MINORITY AND WOMEN -OWNED BUSINESS ENTERPRISE," IN SECTION 18-68 OF THE SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, Ordinance No. 10062 pertaining to the Minority/Women Business Affairs and Procurement Program established the annual goal of awarding a minimum of fifty-one percent (51%) of the total annual dollar volume of all procurement expenditures to Black, Hispanic and women -owned business enterprises; and WHEREAS, Ordinance No. 10062 was amended by Ordinance No. 10538 to, inter alia, define a minority/woman-owned business enterprise as being a small business enterprise in which at least fifty-one percent (51%) of said enterprise is owned by Blacks, j� Hispanics or women whose management and daily business operations I j are controlled by one or more Blacks, Hispanics or women and who i employ a maximum of twenty-five (25)employees or have a net worth not in excess of two million dollars; and 11272 WHEREAS, the requirements to be met pertaining to the number of employees and net worth to be certified as a minority/women owned business enterprise have created a hardship for many minority/women-owned business enterprises who have achieved some measure of success and in effect have penalized them for being successful; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the preamble to this Ordinance are hereby adopted by reference thereto and included herein as if fully set forth in this Section. Section 2. Section 18-68, Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars:) "Sec. 18-68. Definitions. For the purpose of this Article, the following terms, phrases, words, and their derivations shall have the following meanings: Minority and women -owned small business enterprise means a business enterprise in which at least fifty-one percent (51%) of said enterprise is owned by Blacks, Hispanics or women whose management and daily business operations are controlled by one (1) or more Blacks, Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions arc now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. 2 11272 Hispanics or women fye (25)-'empleyees vim have a net —ifEi'"'x-�zr-net 4:n emeess cif twe—millien—de liars * * *n Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 4. If any section, part of section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. This Ordinance is hereby declared to be an emergency measure on the ground of urgent public need for the preservation of peace, health, safety, and property of the City of Miami, and upon the further grounds of the necessity to make necessary and required purchases of goods and supplies, and to i generally carry on the functions and duties of municipal affairs. Section 6. The requirement of reading this Ordinance on two separate days is hereby dispensed with by an affirmative vote of not less than four -fifths of the members of the Commission. Section 7. This Ordinance shall become effective immediately upon its adoption. PASSED AND ADOPTED this 1st day of June , 1995. �j 7.qa'e, STEPHEN P.-CLARK, MAYO R ATTEST: i �Ctr� WALTER J OEMAN CITY CLERK 3 11272 PREPARED AND APPROVED BY: �1 LINDA KELLY KEAR ON ASSISTANT CITY ATTORNEY LKK/pb/W019 0 APPROVED AS TO FORM AND onAAwC"TT wQq CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM 21 TO : The Honorable Mayor and Members DATE: MAY 2 5 1995 FILE of the City Commission SUBJECT : Ordinance Amending Ordinance No. 10062, Relating to the City's FROM : Ces io REFERENCES :Minority/Women Business Cit r Program ENCLOSURES: RECOMMENDATION: It is respectfully recommended that the City Commission adopt the attached ordinance, amending Chapter 18 of the City Code of the City of Miami, redefining the term "Minority and Women -Owned Business Enterprise, eliminating the term "small business" and removing the requirements that minority/women owned business firms have less than twenty-five (25) employees and a net worth not to exceed $2,000,000. BACKGROUND: In January, 1989, the City Commission amended the City's Minority/Women-owned Business Enterprise program, by redefining a minority/women-owned business enterprise (M/WBE), to include small business entities. The amended definition introduced additional requirements for minority/women business firms to qualify for M/WBE certification, to wit: "Minority and women -owned small business enterprise means a business enterprise in which at least fifty-one percent (51%) 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 and who employ a maximum of twenty-five (25) employees or have a net worth not in excess of two million dollars." These requirements have created a hardship for many M/WBE's who have achieved some measure of success and in effect penalized them for being successful. Pursuant to action at the May 11, 1995 City Commission meeting, the City Commission directed that the City's Minority/Women Business Program's ordinance be amended to remove the said requirements. Attached herewith is an ordinance amending Section 18-68 of the City Code, eliminating these restrictive requirements as relates to Minority/Women Business Enterprises. Attachment 112 7 2 /�/ TO : Cesar H. Odio City Manager FeOcity y Clerk CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM DATE : May 24, 1995 FILE : SUBJECT : Notice for City Commission Meeting of June 1, 1995 REFERENCES: ENCLOSURES: Both City Commission meetings for June will be held on June 1, 1995, per Resolution 95-407, passed and adopted on May 11, 1995. Teresita Fernandez, Chief, Hearing Boards Section, has Informed our office that there will be no agenda items scheduled for the Planning and Zoning meeting presently scheduled to take place on June 1, 1995 commencing at 4:30 p.m. Please be advised that our office is placing a notice in the appropriate newspapers stating that the Planning and Zoning portion of the June 1 st agenda will be continued to the July 27, 1995 Commission meeting, beginning at 9 a.m. MH:WF:sl cc: A. Quinn Jones, III, City Attorney Joel Maxwell, Deputy City Attorney Sergio Rodriguez, Assistant City Manager/Director, Planning, Building & Zoning Department Teresita Fernandez, Chief, Hearing Boards Section, Planning, Building & Zoning Department Elvi Gallastegui, Agenda Coordinator CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO Honorable Stephen P. Clark DATE : May 12, 1995 FILE Mayor i SUBJECT : June Commission Meetings FROM : J. L. Plummer, Jr. / REFERENCES: Vice Mayor ENCLOSURES: Inadvertently I asked for the Commission Meetings in June to be scheduled for June 1st instead of the 8th. I have to represent the City at a Seminar on the City's loans and would like both meetings to be June 8, 1995 as was discussed originally. Please advise. cc: Honorable Memebers of the City Commission Cesar H. Odio, City Manager Cat# of tams WALTER 1. FOEMAN i= �. CESAR H. OLIO City Clerk City Manager July 3, 1995 Ms. Becky DeNeve Vice -President - Supplements Municipal Code Corp. P.O. Box 2235 Tallahassee, FL 32304 Dear Ms. DeNeve: Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11248 11249 11272 If I can be of any further assistance, please do not hesitate to call. Very truly yours, Valerie Puyans Deputy Clerk Enc. a/s OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250.5360/FAX: (305) 858.1610 i t Ij 0f anti WALTER I. FOEMAN City Clerk uMul Iluu ' �71. F40 July 3, 1995 Office of the State Attorney Attention: Rosemary Ricotta 1350 N.W. 12th Avenue Miami, FL 33136-2111 Dear Ms. Ricotta: CESAR H. ODIO City Manager Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11248 11249 11272 Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter and return it to this office for our files. Thank you. Very truly yours, WALTER J. FOEMAN City Clerk DEPUTY CLERK RECEIVED BY: DATE: ` WJF:vp Enc. a/s OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250.5360/FAX: (305) 858-1610 t of t�xxxtt ��KY rll•'.tI WALTER J. FOEMAN CESAR H. ODIC) City Clerk list City Manager July 3, 1995 Mr. Louis Tomeo Court Operations Officer 1351 N.W. 12th Street, Rm 7-701 Miami, FL 33125 Dear Mr. Tomeo: Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11248 11249 11272 Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter and return it to this office for our files. Thank you. Very truly yours, WALTER J. FOEMAN City Clerk DEPUTY CLERK RECEIVED BY: DATE: WJF:vp Enc. a/s OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/13051 250.5360/FAX: (305) 858.1610 • MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookle Williams, who on oath says that she is the Vice President of Legal Advertising of the Miami Daily Business Review f/kla Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI ORDINANCE NO. 11272 (#2328) In the ...........XXXXXXX ................. Court, was published in said newspaper in the Issues of Jul 5, 1995 Afflant further says that the said Miami Daily Business Review Is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published In said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami In said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of vertisemenY and afflant further says that she has nelth p d nor promised any person, firm or corporation any sc nt, rebate, commission or refund for the purpose of s u g this advertisement for publication In the said no or. Sworn to and subscribed befo-rb,%e this 5 July 95 ...... do of .... .......... D. 19... .. AGNES E. PENA (SEAL) NOTARY PUBLIC STATE OF FLOA Sookle Wil ally known to e. COMMISSION NO. CC 172108 > -•1 _ 3..�X r- �< 2. CITY'OF..MIAM1, FLORIDA LEGAL. NOTICE'.. All interested persons will take notice that on the 1 st day of June, 1995, the City Commission of Miami, Florida, adopted the following titled ordinance:" ORDINANCE N0..11272 AN EMERGENCY ORDINANCE AMENDING CHAPTER. 18, ENTITLED "FINANCE*;' OF THE CODE �OF THE. CITY OF MIAMI, FLORIDA, AS AMENDED; .BY REDEFINING THE _TERM "MINORITY AND•WOMEN-OWNED'BUSINESS ENTERPRISE," IN SECTION 18-68 OF THE SAID CODE; '`'CONTAINING` A REPEALER PROVISION AND A SEVERABILITY CLAUSE: Said ordinance maybe inspectedby the public at the Office of the City Clerk, 3500 Pan Americari.Drive, Miairii;-Florida, Monday through Friday, excluding holidays,'between the hours of 8-a.m. and 5 p.m. 'WALTER J. FOEMAN CITY CLERK (#2328) 7/5 : ✓i'. -►. n I 1 A t/ 1:. 95-4-070556M EV;