§ 2-758. Local preference in bidding.

Except where federal or state law or funding source restriction mandates to the contrary, in the purchase of goods, general services, or professional services governed by the procurement code, preference shall be awarded to licensed entities with physical addresses in the City of Miami Gardens ("local businesses") in the following manner:

(a)

Competitive bid. When a responsive, responsible nonlocal business submits the lowest price bid, and the bid submitted by one or more responsive, responsible, local businesses is within ten percent of the bid submitted by the nonlocal business(s), then local businesses shall have the opportunity to submit, within five working days of the bid opening, a best and final bid equal to or lower than the amount of the low bid previously submitted by the nonlocal business. Contract award shall be made to the responsive, responsible business submitting the lowest best and final bid. In the case of a tie in the best and final bid between a local business and a nonlocal business, contract award shall be made to local business.

(b)

For contract awards based upon evaluation criteria pursuant to a points system, there shall be a local participation criterion of ten percent of the total points awarded. The points shall be awarded as follows:

Local Business Participation	Points
100 percent	10
50 percent to 99 percent	8
20 percent to 49 percent	5
5 percent to 19 percent	3
< 5 percent	0

 

(1)

Maximum points will be awarded to the proposer if 100 percent or more of the total project work is performed by a local business. Percentages reflect the amount of total contract value proposed to be assigned to local businesses. In the case of contracts awarded pursuant to the Consultants Competitive Negotiation Act, the percentages reflect the amount of total project work, which shall be equated to the project dollars, assigned to local businesses.

(2)

The percentage of local business participation will be calculated by dividing the proposer's expenditures to a local business subcontractor for providing direct labor or a bona fide service, by the total project dollars as identified in the proposal.

(3)

A proposer may count toward its local business participation, the fees or commissions charged for providing direct labor or a bona fide service, such as professional, technical consultant or managerial services.

(4)

The city will not count toward a proposer local business participation any portion or portions of the local business subcontractor's work that is subcontracted back to:

a.

The proposer, either directly, or through any other company or firm owned or controlled by the proposer.

b.

Any nonlocal business.

(5)

A local business shall not be permitted to subcontract all or a majority of the subcontractual portion of the work to another nonlocal business. A local business subcontractor shall be prohibited for engaging in a subcontractual agreement with the intent of collecting a broker's fee or commission. A local business subcontractor shall also be prohibited from entering into a subcontractual agreement with a firm whose employees perform none of the direct labor or service activities specified in the contract.

(6)

Participation by a local business shall not be considered and the local business shall be disqualified if the owner of the local business enters into an agreement with a nonlocal business with the intent of securing employment with that nonlocal business during the course of performing a city contract.

(c)

If a nonlocal proposer submits a bid or proposal that includes subcontractors that qualify as local businesses, in order to receive local preference consideration, the proposer shall identify all local businesses that will be utilized as subcontractors, and delineate for each the specific elements of work each local business will be responsible for performing and the dollar value of the work as a percentage of the total contract value. All proposals with local business participation shall contain documentation, signed by both the proposer and the local business contractors, which confirms their intent to establish a business relationship and confirms the local business percent.

(d)

The location of qualified entities shall be considered in determining the qualifications for professional services governed by the Consultants Competitive Negotiation Act.

(e)

If a tie occurs between two or more local businesses, for those contracts that are to be awarded by the city manager, the city manager shall determine to whom the bid will be awarded. For those contracts to be awarded by the city council, the city council shall determine to whom the bid will be awarded.

(f)

Waiver: The application of local preference to a particular purchase, contract, or category of contracts may be waived upon written recommendation of the city manager and approval of the city council.

(g)

Other preferences: The preference established herein in no way prohibits the right of the city council to compare quality of materials proposed for purchase and compare qualifications, character, responsibility and fitness of all persons, firms, or corporations submitting bids or proposals. Further, the preference established herein in no way prohibits the right of city council from giving any other preference permitted by law instead of the preference authorized herein.

(Ord. No. 2005-10-48, § 2(art. II, § 16), 2-9-2005; Ord. No. 2005-17-55, § 2, 4-27-2005; Ord. No. 2005-26-64, 6-22-2006; Ord. No. 2010-15-223, § 2, 6-23-2010)