On December 14, 2011, the City adopted City Ordinance No. 2011-3748, codified in Section 2-374 of the City Code, in order to increase contracting opportunities for small business concerns owned and controlled by veterans or certified service-disabled veteran business enterprises, consistent with Section 502 of the "Veterans Benefits, Health Care, and Information Technology Act of 2006" (the Federal Act), which allows for  certain  preferences in the award of contracts to such small business concerns,  and Section 295.187 of the Florida Statutes. From time to time, the City applies for Federal, State or Miami-Dade County funding in support of various capital projects in the best interests of the City, and such grants are often contingent on the City’s compliance with the grantor agency’s requirements.

Notwithstanding that Federal and State laws encourage municipalities to support veterans and service-disabled veterans, and the strong public policy interests for providing a veterans preference in connection with the procurement of goods and services, the Florida Department of Transportation (“FDOT”) has interpreted the City’s veterans preference procedure as being somehow in conflict with Federal grant requirements, and FDOT has therefore requested that the City either waive the provisions of Section 2-374 of the City Code, or forego millions of dollars in Federal funding that the City is otherwise eligible for.  Therefore, the City desires to amend Section 2-374 to delegate to the City Manager the authority to waive the requirements of Section 2-374, if such waiver is required for Federal, State, or Miami-Dade County funding eligibility purposes.