HomeMy WebLinkAboutPre-Attachment 4FINANCx
See. 18408. First -source hiring agreements.
(a)_The commission approves implementation
of the !last -source hiring agreement policy and
requires as a condition precedent to the execution
of service contracts for facilities, services, and/or
receipt of grants and Loans, for projects of a
nature that create new jobs, the successful nego-
tiation of first -source hiring agreements between
the organization or individual receiving said con-
tract and the authorized representative unless
such an agreement is found infeasible by the city
manager and such finding approved by the city
commission at a public hearing.
(b) For the purpose of this section, the follow-
ing terms, phrasee, words and their derivations
shall have the following meaninp:
Authorised representative means the Private
Industry Council of South Florida/South Florida
Employment and Training Consortium, ar its
successor as local recipient of federal and state
training and employment funds.
Facilities means all publicly financed projects,
including but without limitation, unified develop-
ment projects, municipal public works, and mu-
nicipal iinprovementa tr the extent they are II -
minced through public money services or the use
of publicly owned property.
Grants and loan means, without limitation,
urban development action grants (UDAG), eco-
nomic development agency construction loans,
loans from Miami Capital Development, Incorpo-
rated, and all federal and state grants adminis-
tared by the city.
EXHIBIT C
f 11.117
Service contracts means contracts for the pro-
curement of services by the city which include
professional services.
Services includes, without limitation, public
works improvements, facilities, professional ser-
vices, commodities, supplies, materials and equip-
ment.
(c) The authorized representative shall negoti-
ate each first -source hiring agreement.
(d) The primary beneficiaries of the first -
source hiring agreement shall be participants of
the city training and employment programs, and
other residents of the city,
(Ord. Na 10032, if 1---4, 912-86; Code 1980, f
18-11)
Seca. 18-106--18-186. Reserved.
ARTICLE IV. MINORITY AND WOMEN
BUSINESS AFFAIRS AND PROCUREMENT
PROGRAM*
See. 18.136. Short title.
This article shall be known and may be cited as
"the minority and women business affairs and
procurement program ordinance of the City of
Miami."
(Ord. No. 10062, 11, 12-19-85; Code 1980, 4
18-67)
Sec. 18.137. Definitions.
For the purpose of this article, the following
terms phrases, words, and their derivations shall
have the following meanings:
Affirmative action plan shall include the pro-
jected annual goals and the timetables which will
be wed to employ and/or procure with women and
minorities a nondiscrimination policy statement
and any other actions which will be used to
ensure equity in employment and the utilization
of minority and female -owned businesses.
CIS ty Code Mee r tars cs---IwuS d cI-o.rwod prop
srty to require minority procurement clause, f 2.77e.
County Code cross r*f shoe—Prooedun to Incroass
participstlon of Black wisdom of ooauttoditlee and asrrlIK ip
omit/ contracts, i 24.2.
CD18:31
MLAM'I CODE
Bus ness enterprise means any corporation, part-
nership, 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 and/or county and/or
the state.
Contract means agreement' for the procure-
ment of good., services, or construction of facili-
ties for the city.
Facilities means .all totally or partially publicly
financed projects including, but without limita-
tion, unified development projects, municipal pub-
lic works and 'municipal improvements to the
extent they are financed with city money, utilize
city property, or require city services.
Goal means the percentages of the annual
dollar volume of procurement expenditures deter-
mined by this article to be offered for minority
and women business participation.
Goods and services include, without limitation,
public works, improvement*, facilities, profes-
sional services, commodities, supplies, materials
and equipment.
Joint venture shall mean an association of per-
sons or legal entities with the intent to engage in
and carry out a single business enterprise for
profit.
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 managementbusiness operations are controlled by onandr more
Blacks, Hispanics or women.
Procurement expenditures shall mean a pur-
chase, payment, distribution, loan or advance ne
the purpose of acquiring or providing g o
services.
Set•aside is the term which will be used to
designate a given purchase or contract or a por-
tion of a given purchase or contract award for
Black, Hispanic and/or women -owned businesses.
Set -asides may only be utilized where it is deter-
mined, prior to the invitation to bid or request for
proposals, that there are a sufficient number of
certified Black, Hispanic and/or women -owned
businesses to afford effective competition for the
purchase.
Vendor mews any business entity providing
goods, services or equipment to the city through a
purchase, field or blanket order or contract.
(Ord. No. 10062, 4 2, 12-19-85; Ord. No. 10538, 0
1,1-12.89; Ord. No. 11272, 4 2, 6.1.95; Code 1980,
Lib-88)
Sec. 18488. Established; components.
(a) A minority and women business affairs and
procurement program for the city is hereby estab-
lished. The city manager's office shall be held
accountable for the fixll and forceful implementa-
tion of the minority and women business affairs
and procurement program by providing appropri-
ate recommendations for action by the city com-
mission.
(b) For the purpose of' assisting the city man-
ager in the implementation of said program, a
minority and women business affairs and procure-
ment committee is hereby established, consisting
of an appropriate number of members to be ap-
pointed by the city manager, with full represen-
tation of Hispanics, Blacks and women to be
responsible for monitoring the implementation of.
the program and making recommendations for
achieving the requirements of this article. The
comiyearly ro re shall reports ttontheefor city comnerating
mission
yearly progress
and the community at large.
(c) The city manager shall, utilizing existing
resources, create an offirocur menina�a s���
en
business affairs and p
pro-
vide the appropriate staff and resources neces-
sary for the performance of all such administra-
tive duties; authorize and implement the
administrative guidelines and procedures re-
quired; and ensure compliance with the functions
required to promote the achievement of the
vs goals of increasing the
contracts with
voollumeume of city procurement and
Black, Hispanic and women -owned businesses.
(Ord. No. 10062, § 3, 12.19-85; Code 1980, 4
18-69)
CD18:32
FINANCE
Sec. 18.139. Duration of program.
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, Hie -
panics 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.
(Ord. No. 10082, 4 7, 12-19.85; Code 1980, 4
18-70)
Sec. 1S-140. AppUeabU1h.
Except where federal or state law or regula-
tiondmandate to the contrary, the provisions of
this article will be applicable to all city prebid,
bid, contract or other agreements negotiated by
the city. (Ord. No. 10062,12-19-85; Code 1980, 4
$ 8,
18-71)
See. 18-141. Objectives; use of set -asides.
(a) The objective of the city is to achieve a goal
of awarding a minimum of 51 percent of the total
annual dollar volume of all procurement expendi-
tures to Blacks, Hispanics and
as follows:women-owned
business enterprises to be apportioned to Hispanics and
17 percent to Blacks, 17 percent
17 percent to women; such goal shall be applied to
all city bids and contracts.
(b) To further the goal of increasing the total
annual volume of ail procurement expenditures to
minority and women -owned business enterprises,
authority for a minority and women -owned busi-
ness 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 and women -
owned businesses in city procurement contracts.
(Ord. No. 10062, 4 4(A), 12-19-85; Ord. No. 10538,
4 2, 1-12-89; Code 1980, 4 18-72)
Sec. 18.142. Required statements for solici-
tations or notices; required
statements on contracts and
awards.
(a) It shall be mandatory for all city solicita-
tions or notices inviting bide, proposals, quotes,
16-142
letters of interest and/or qualifications, to contain
the approved requirements for. M/WBE participa-
tion and to have these requirements incorporated
by reference, along with the inclusion of the
appropriate compliance forme, into the resulting
contracts and/or bid award documents. The city
office of minority/women business affairs is to be
consulted prior to the issuance of any such adver-
tisements or solicitations for the purpose of deter-
mining the recommended goals or set -asides to be
included, and again prior to the signing o cf vnresult-
ing contracts/bid awards for the purpose
tying compliance thereto,
(b) It shall be mandatory for all city 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 article.
(2) A provision stating the right of the city tc
terminate and cancel any contract or con•
tractual agreement entered lnto, including
elimination of the individual and/or buai•
nese enterprise from consideration and par
ticipation in future city contracts, on the
basis of having submitted deliberate anc
willful, false or misleading information as
to his, her or its status as a Black, Hispani'
and/or women -owned business enterprise
and/or the quantity and/or type of minorit
and women -owned business participation
(3) A requirement that each successful bidde
or offeror agrees to provide a sworn stat.0
ment of compliance with the provisions c
this article and its specific applicability t
the purchase or contract award under cox
sideration; such statement shall certify tits
the bidder or offeror, during the course
tine involved in the performance of ti-
contract sought by such bidder or offers
shall not discriminate against
et embus
nese, employee or applicant
went because of age, ethnicity, race, cree
color, religion, sex, national origin, hanc
cap or marital statue.
•
to which
(4) A statement of business enterprise ehas tastone or m+
ore
CD 18:33
13442 b(IAMI CODE
its partners or principals persons who are
Black, Hispanic or women, or is a joint
venture comprised of a nonminority and
minority business and/or women -owned en-
terprise.
(5) A requirement that each bidder, proposer,
or vendor submit along with the bid or
proposal an affirmative action plan (AAP).
Any significant equity participants, joist
venture participants, subcontractors, sup-
pliers or other parties to the bid or proposal
shall also be required to submit such plans.
The objective of the city is to require that
• bidders, proposers, and vendors doing bud_
nese with the city take certain actions
designed to assure equitable participation
of Blacks, Hispanics and women in their
hiring and promotion activities. In view of
this objective:
a. All city vendors and contractors shall
implement specific affirmative action
plane ea approved by the director of
the office M/WBE affairs and shall
demonstrate a good faith effort to en-
sure equal employment opportunities
for Blacks, Hispanics and women on
each purchase or contract. Vendors and
contractors shall document these ef-
forts fully and shall provide reports as
may be required by the city.
b. Vendors and contractors shall permit
access to their books, "records and ac-
counts by the office of M/WBE affairs
or her designee for the purpose of in-
vestigation to ascertain compliance with
the foregoing requirements.
c. In the event of vendors' or contractors'
noncompliance with the affirmative ac-
tion requirements of this section, the
city manager may suspend in whole or
part, cancel or terminate the bid or
contract award and/or impose other
sanctions as may be determined to be
appropriate.
(6) A provision specifying the requirements for
continued bidder or offeror eligibility in-
cluding minority and female involvement.
(Ord. No. 10062. . 4(B), 12-19.85; Ord. No. 10538,
1+ 3, 1-12-89; Code 1980, § 18-73)
City Code cross reference--AMArmstive action division,
1 2-493.
Sec. 18-143. Good -faith effort requited.
Bidders or offerors shall be required to demon-
strate a reasonable and good -faith effort to solicit
and obtain the participation of qualified minority
and women -owned businesses in all bid and pro-
posal documents.
(Ord. No. 10082, 5, 12-19-85; Code 1980, I
18-74)
Sc,e18-144. Contractor's certificate of coin-
Petency.
. (a) For the purpose of this section, the follow-
ing terms, phrases, words, and their derivations
shall have the following meanings:
Business enterprise means any corporation, part-
nership, individual, sole proprietorship, jointstock
company, joint venture, professional association
or any other legal entity.
Construction contract means agreements for
the erection, alteration, demolition, or repair of
any public building or any other kind of public
work or improvement.
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.
(b) The owners of minority or women business
enterprises submitting bids for construction con-
tracts to be let by the city must be certified in the
field for which the contract is to be let pursuant to
F.S. ch. 489 or chapter 10, Code of Metropolitan
Dade County in order to qualify for the minority
or women preference on such contract.
(Ord. No. 10332, if I, 2, 10-22.87; Code 1980, 1
18-75)
Sec. 18-145. Administrative procedures.
(a) The departments of finance, public works
and general services administration are autho-
rized to establish the required administrative
procedures to ensure compliance with the provi-
sions as set forth herein.
(b) The finance department is mandated to
nstitute payment procedures which will ensure.
CD 18:34
4
I'7
FINANCE Ilk
in those instances in which the MIWBE bid or
contract requirements result in contracts, subcon-
tracts or joint ventures for M/WBEs, that compen-
sation provided pursuant thereto shall be In the
form of a check made payable to the pri:nary
contractor, bidder or proposer, and (if appropri-
ated jointly) to the minority/women business en-
terprise subcontractor or joint venture partner in
an amount not to exceed the subcontracted or
joint venture amount, based upon approved in-
voices .submitted by the prime contractor, proposer
or joint venture, to the city.
(c) In the event a dispute should arise as to the
performance or payment of the primary contrac-
tor or bidder/proposer or the WWBE, under the
terms and conditions of the city contract or pro-
curement award document, compensation shall
be withheld until such time as the dispute is
resolved in accordance with the procedures set
forth in this chapter for resolving such disputes.
(d) All administrative directors shall amend
their existing policies and procedures or create
such new ones ea may be required to ensure and
report on compliance with all aspects of this
article.
(Ord. No. 10538, ¢ 4, 1.12.89; Code 1980, 11 18.76)
Sec. 18-146. Designation of director as re-
sponsible official for bid require.
meats, guidelines, etc.
The director of the office of minority/women
business affairs is designated as the official re-
sponsible for establishing M/WBE bid and contract/
award requirements, creating and implementing
compliance guidelines, monitoring compliance, re-
solving disputes, and reporting on all of the above
to the city manager.
(Ord. No. 10538, 4 5, 1-12-89; Code 1980, l; 18-77)
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