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TO
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
DATE: October 17, 1985 FILE:
15
Honorable Mayor and Members
of the City Commission 5"e'E`T' ORDINANCE IMPLEMENTING A
MINORITY & WOMEN BUSINESS
AFFAIRS AND PROCUREMENT
FROM: REFERENCES: PROGRAM
Sergio Pereira City of Miami Ordinance
City Manager ENCLOSURES: #9775 Minority Procurement _
Program
"It is recommended that the City Commission
of the City of Miami approve an Ordinance
creating a Minority & Women Business Affairs
and Procurement Ordinance; repealing
Ordinance No. 9775; establishing a Minority
and Women Procurement Committee and an Office
of Minority and Women Business Affairs &
Procurement; setting forth a goal of awarding
at least 52% of the City 's total annual
dollar volume of all procurement
expenditures, to be apportioned as follows,
to: Black (17%), Hispanic (17%), Other
Minorities (1%) and Women (17%) businesses;
creating a discretionary minority procurement
set -aside contract and bid provision; and,
authorizing the development of procedures,
measures and resources required to implement
the program."
BACKGROUND
The Minority Procurement Program, Ordinance #9775, has been in
effect and operative since its passage in January, 1984. The
current program has a goal of fifty percent minority
procurement --Hispanics 25% and Blacks 25%--and affects all forms
of procurement expenditures, including public works and unified
development projects. While the ordinance has had the effect of
stimulating an awareness of and sensitivity to the need to
include minority businesses in the City's procurement and
contracting processes, its resultant effectiveness has been
hampered by a lack of staff, resources and an administrative
procedure to implement and monitor the program.
M o T I� o)/
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Mayor and City Commission
October 17, 1985
Page two
The Gibson Institute of the Urban League of Greater Miami, Inc.,
was engaged to complete a Minority Procurement Disparity study,
documenting, as required by law, the disparity which had existed
between minority and non -minority companies doing business with
the City during the years 1971-1981. As a result, staff was
instructed to prepare the attached ordinance for your
consideration. This ordinance addresses the disparity findings
documented by the Gibson Institute's study; authorizes the
allocation of resources; requires the development of
administrative procedures; and creates an advisory committee and
an office to implement, monitor and report on the progress of the
program. Included in the ordinance is a set -aside contract/bid
provision required to ensure the achievement of the program's
goals.
RECOMMENDATIONS
It is recommended that the City Commission approve the Minority
and Women Business Affairs and Procurement Ordinance and, in
doing so authorize the City Manager: (a) to expend the resources
required to staff and maintain an office; (b) to develop and
implement the administrative procedures to regulate the program;
(c) to appoint a Minority and Women Procurement Advisory
Committee charged with the responsibilities of reviewing the
program's implementation and making recommendations to improve
it; and (d) to develop and implement the systems required to
certify monitor and report to the City Commission and the
community at large.
SP /mpc
J-85-944
10/11/85
ORDINANCE NO.
AN ORDINANCE REPEALING ORDINANCE NO. 9775,
THE MINORITY PROCUREMENT PROGRAM ORDINANCE OF
THE CITY OF MIAM1, FLORIDA AND SUBSTITUTING
THEREFOR A NEW MINORITY PROCUREMENT ORDINANCE
TO BE KNOWN AND CITED AS "THE MINORITY AND
WOMEN BUSINESS AFFAIRS AND PROCUREMENT
ORDINANCE OF THE CITY OF MIAMI, FLORIDA,"
ESTABLISHING A MINORITY AND WOMEN BUSINESS
AFFAIRS PROCUREMENT PROGRAM AND COMMITTEE;
PROVIDING FOR THE CREATION BY THE CITY
MANAGER OF AN OFFICE OF MINORITY AND WOMEN
BUSINESS AFFAIRS AND PROCUREMENT; FURTHER
SETTING FORTH A GOAL OF AWARDING AT LEAST 52
PERCENT OF THE CITY'S TOTAL ANNUAL DOLLAR
VOLUME OF ALL PROCUREMENT EXPENDITURES TO
BUSINESSES OWNED BY BLACKS (17%), HISPANICS
(17%), OTHER MINORITIES (1%) AND WOMEN (17%);
AUTHORIZING THE CITY MANAGER TO PROVIDE FOR
MINORITY AND WOMEN -OWNED BUSINESS ENTERPRISE
PROCUREMENT SET -ASIDES AND CONTRACT
PROVISIONS; PROVIDING FOR THE DEVELOPMENT OF
PROCEDURES, MEASURES AND RESOURCES TO
IMPLEMENT SAID PROGRAM, GOALS AND OBJECTIVES;
AND CONTAINING A SEVERABILITY CLAUSE.
WHEREAS, Ordinance No. 9775 dealing with minority
procurement has been found to be in need of revision and
modification to strengthen the effectiveness of the City of
—
Miami's Minority Procurement Policy and Program; and
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WHEREAS, the City Commission, in repealing Ordinance No.
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9775 and in adopting and substituting therefor the herein
Minority and Women Business Affairs and Procurement Ordinance is
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authorized pursuant to the Charter of the City of Miami,
Sections 52 and 53; and the Municipal Home Rule Powers Act of
1973, Chapter 166.001 et seq., Florida Statutes, as amended; and
WHEREAS, the U.S. Supreme Court has upheld Dade County
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Ordinance No. 82-67, adopted July 20, 1984, restricting bidding
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on construction projects to Black -owned firms when prior
unwarranted discrimination has been proven; and
WHEREAS, findings of a City of Miami Minority Procurement
—
Disparity Study indicated a substantial exclusion of minority
and women -owned businesses from the City's procurement process
for the fiscal years between 1971 and 1981; and
WHEREAS, this Ordinance will prevent the perpetuation of
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the effects of prior unwarranted discrimination which has
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heretofore impaired, limited or foreclosed procurement and
contracting opportunities for businesses owned by Blacks,
Hispanics, Others and Women with the City of Miami; and
WHEREAS, the City of Miami has established a policy of
constructive affirmative action to eliminate substantially the
effects of prior discrimination; and
WHEREAS, the proposed Minority and Women Business Affairs
and Procurement Program and Policy contains requirements: (a)
that those who contract with the City of Miami in the areas of
procurement shall not discriminate against any business,
employee or applicant for employment because of age, ethnicity,
race, creed, color, religion, sex, national origin, handicap, or
marital status; and (b) such city contractors have and implement
an Affirmative Action or Equal Employment Opportunity policy to
ensure that such businesses, employees or applicants for
employment are treated equally without regard to age, ethnicity,
race, creed, color, religion, sex, national origin, handicap or
marital status, and
WHEREAS, implementation of this ordinance will serve the
best interest of the City and will maximize the opportunity for
small business concerns owned and controlled by Blacks,
Hispanics, Others and Women to procure or contract with the City
of Miami in the area of procurement; and
WHEREAS, to be effective it is necessary and desirable to
establish for the City of Miami a Minority and Women Business
Affairs Procurement Program with the appropriate goals,
objectives, administrative procedure and resources; and adopt
legislation remedying the affected Hispanic, Black, Other
minority and Women -owned businesses;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. This Ordinance shall be known and may be cited
as "The Minority and Women Business Affairs and Procurement
Program Ordinance of the City of Miami."
Section 2. For the purpose of this Ordinance, the
following terms phrases, words, and their derivations shall have
the following meanings:
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A. Business Enterprise means any corporation;
partnership, individual, sole proprietorship, joint stock
company, joint venture, professional association or any other
legal entity that is properly licensed to do business with the
City of Miami and/or Dade County and/or the State of Florida.
B. Minority and Women -Owned Business Enterprise means
a business enterprise in which at least 51 percent of said
enterprise is owned by Blacks, Hispanics, Others or Women whose
management and daily business operations are controlled by one
or more Blacks, Hispanics, Others or Women.
C. Other Minority shall include Asians, American
Indians and Alaskan natives who are citizens or lawful,
permanent residents of the United States.
D. Contract means agreements for the procurement of
goods, services or construction of facilities for the City of
Miami.
E. Facilities means all total or partial publicly
financed projects including, but without limitation, unified
development projects, municipal public works and municipal
improvements to the extent they are financed with City money,
utilize City property, or require City services.
F. Goods and services include, without limitation,
public works, improvements, facilities, professional services,
commodities, supplies, materials and equipment.
G. Goal means the percentages of the annual dollar
volume of procurement expenditures determined by this ordinance
to be offered for Minority and Women business participation.
H. Set -aside is the term which will be used to
designate a given purchase or contract or a portion of a given
purchase or contract award for Black, Hispanic, Other Minority
and/or Women -owned businesses. Set -asides may only be utilized
where it is determined, prior to the invitation to bid or
request for proposals, that there are a sufficient number of
certified Black, Hispanic, Other Minority and/or Women -owned
businesses to afford effective competition for the purchase.
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I. Joint Venture - an association of persons or legal
entities with the intent to engage in and carry out a single
business enterprise for profit.
J. Procurement Expenditures shall mean a purchase,
payment, distribution, loan or advance for the purpose of
acquiring or providing goods and services.
K. Affirmative Action Plan shall include the
proj ected annual goal s and the ti metabl es whi ch wi 1 1 be used to
employ and/or procure with women and minorities a non-
discrimination policy statement and any other actions which will
be used to ensure equity in employment and the utilization of
minority and female -owned businesses.
Section 3. A Minority and Women Business Affairs and
Procurement Program for the City of Miami is hereby established.
The City Manager's Office shall be held accountable for the full
and forceful implementation of the Minority and Women Business
Affairs and Procurement Program by providing appropriate
recommendations for action by the City Commission.
A. For the purpose of assisting the City Manager in
the implementation of said program, a Minority and Women
Business Affairs and Procurement Committee is hereby
established, consisting of an appropriate number of members, to
be appointed by the City Manager, with full representation of
Hispanics, Blacks, Others and Women to be responsible for
monitoring the implementation of the program and making
recommendations for achieving the requi rements of this
Ordinance. The Committee shall be responsible for generating
yearly progress reports to the City Commission and the community
at large.
B.
The City Manager
shall create
an Office
of
Minority and
Women Business Affairs
and Procurement;
provide
the
appropriate
staff and resources necessary
for the
performance
of
all such administrative duties;
authorize and
implement
the
administrative
guidelines and procedures required;
and ensure
compliance
with the functions
required to
promote
the
achievement
of the program' s goals
and objectives
of increasing
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the volume of City procurement and contracts with Black,
Hispanic, Other and Women -owned businesses.
Section 4. The objective of the City is to achieve a goal
of awarding a minimum of 52% of the total annual dollar volume
of all procurement expenditures to Blacks, Hispanics, Other and
Women -owned business enterprises to be apportioned as follows:
seventeen percent (17%) to Blacks, seventeen percent (17%) to
Hispanics, one percent (11) to Others and seventeen percent
(17%) to Women.
A. To further the goal of increasing the total annual
volume of all procurement expenditures to minority and women -
owned business enterprises, authority for a minority and women -
owned business enterprise procurement set -aside is hereby
established for use by the City Manager as he or she may deem
advisable or necessary to increase the participation of Black,
Hispanic, Other and Women -owned businesses in City procurement
contracts.
B. It shall be mandatory for all City of Miami
contracts and/or procurement award documents to contain the
following:
(1.) A specific reference to the applicability
of the Minority and Women Business Affairs and Procurement
Program established by this Ordinance;
( 2. ) A provision stating the right of the City
to terminate and cancel any contract or contractual agreement
entered into, including elimination of the individual(s) and/or
business enterprise(s) from consideration and participation in
future City contracts, on the basis of having submitted
deliberate and willful, false or misleading information as to
his, her or its status as a Black, Hispanic, Other and/or
Women -owned business enterprise and/or the quantity and/or type
of minority and women -owned business participation;
(3.) A requirement that each successful bidder
or offeror agree to provide a sworn statement of compliance with
the provisions of this Ordinance and its specific applicability
to the purchase or contract award under consideration; such
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the volume of City procurement and contracts with Black,
Hispanic, Other and Women -owned businesses.
Section 4. The objective of the City is to achieve a goal
of awarding a minimum of 52% of the total annual dollar volume
of all procurement expenditures to Blacks, Hispanics, Other and
Women -owned business enterprises to be apportioned as follows:
seventeen percent (17%) to Blacks, seventeen percent (17%) to
Hispanics, one percent (1%) to Others and seventeen percent
(17%) to Women.
A. To further the goal of increasing the total annual
volume of all procurement expenditures to minority and women -
owned business enterprises, authority for a minority and women -
owned business enterprise procurement set -aside is hereby
established for use by the City Manager as he or she may deem
advisable or necessary to increase the participation of Black,
Hispanic, Other and Women -owned businesses in City procurement
contracts.
B. It shall be mandatory for all City of Miami
contracts and/or procurement award documents to contain the
following:
(1.) A specific reference to the applicability
of the Minority and Women Business Affairs and Procurement
Program established by this Ordinance;
( 2. ) A provision stating the right of the City
to terminate and cancel any contract or contractual agreement
entered into, including elimination of the individual(s) and/or
business enterprise(s) from consideration and participation in
future City contracts, on the basis of having submitted
deliberate and willful, false or misleading information as to
his, her or its status as a Black, Hispanic, Other and/or
Women -owned business enterprise and/or the quantity and/or type
of minority and women -owned business participation;
(3.) A requirement that each successful bidder
or offeror agree to provide a sworn statement of compliance with
the provisions of this Ordinance and its specific applicability
to the purchase or contract award under consideration; such
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statement shall certify that the bidder or offeror; during the
course of time involved in the performance of the contract
sought by such bidder or offeror, shall not discriminate against
any business, employee or applicant for employment because of
age, ethnicity, race, creed, color, religion, sex, national
origin, handicap or marital status;
(4.) A statement of the extent to which the
business enterprise has as one or more of its partners or
principals persons who are Black, Hispanic, Other Minority or
Women, or is a joint venture comprised of a non -minority and
minority business and/or women -owned enterprise.
(5.) A requirement that each bidder submit along
with the bid or proposal an Affirmative Action Plan (AAP). Any
significant equity participants, joint venture participants,
sub -contractors, suppliers or other parties to the bid or
proposal shall also be required to submit such plans.
(6.) A provision specifying the requirements for
continued bidder or offeror eligibility including minority and
female involvement.
Section 5. Bidders or offerors shall be required to
demonstrate a reasonable and good faith effort to solicit and
obtain the participation of qualified minority and women -owned
businesses in all bid and proposal documents.
Section 6. Except where federal or state law or
regulations mandate to the contrary, the provisions of this
section will be applicable to all City of Miami, prebi d, bid,
contract or other agreements negotiated by the City;
Section 7. The Minority and Women Business Affairs and
Procurement Program established herein shall be in effect only
until such time as the effects of prior unwarranted
discrimination against Blacks, Hispanics, Others and Women have
been compensated for, at which time the goals and set -asides
provided for herein shall no longer be observed. Such need
shall be reviewed every two years by the City Commission, upon
the recommendation of the City Manager.
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Section 8. Ordinance No. 9775, the Minority Procurement
Program Ordi nance of the Ci ty of Miami , Fl on da, i s hereby
repealed.
Section 9. Should any part or provision of this Ordinance
be declared by a Court of competent jurisdiction to be invalid,
same shall not affect the validity of the Ordinance as a whole.
PASSED ON FIRST READING BY TITLE ONLY this day of
, 1985.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE
ONLY this day of , 1985•
ATTEST:
City Clerk
PREPARED AND APPROVED BY:
Deputy City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
City Attorney
AQJ/wpc/pb/ab/B156
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-Mayor