Miami-Dade Legislative Item
File Number: 090769
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File Number: 090769 File Type: Ordinance Status: Adopted
Version: 0 Reference: 09-41 Control: Board of County Commissioners
File Name: AMEND SEC 10-33.02 COMMUNITY SMALL BUSINESS ENTERPRISE (CSBE Introduced: 3/20/2009
Requester: NONE Cost: Final Action: 6/2/2009
Agenda Date: 6/2/2009 Agenda Item Number: 5D
Notes: Title: ORDINANCE AMENDING SECTION 10-33.02 OF THE CODE OF MIAMI-DADE COUNTY; PERTAINING TO THE COMMUNITY SMALL BUSINESS ENTERPRISE (CSBE) PROGRAM; PROVIDING FOR ENFORCEMENT AND PENALTIES FOR FAILURE TO SATISFY AN APPROVED CSBE MAKE-UP PLAN; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: AMENDING CODE
  CSBE PROGRAM
Sponsors: Dorrin D. Rolle, Prime Sponsor
  Audrey M. Edmonson, Co-Sponsor
  Barbara J. Jordan, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 6/2/2009 5D Adopted P
REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. The public hearing was opened. It was closed after no one appeared in response to Chairman Moss’ call for people wishing to be heard. Commissioner Edmonson asked that she be listed as a co-sponsor. Commissioner Sorenson expressed concern that firms could violate the policies of the County Community Small Business Enterprises (CSBE) program and expect another County contract if they agreed to a make-up plan. She suggested this proposed ordinance be amended on handwritten page 5 to replace “may be subject to” with “shall be subject to” on the tenth to the last line in Section 1. Commissioner Rolle did not accept Commissioner Sorenson’s suggested amendment. Commissioner Diaz requested a clarification on how the County would determine “good cause.” Ms. Penelope Townsley, Director, Department of Small Business Development, explained “good cause” situations were when the department reduced or eliminated the scope of work related to the CSBE goal or when a CSBE firm became unavailable and the prime contractor could not replace that CSBE firm with another CSBE firm. Hearing no other questions or comments, the Commission proceeded to vote.

Commission Auditor 5/19/2009 Legislative notes attached

Budget, Planning and Sustainability Committee 5/12/2009 1F2 Forwarded to the full BCC by the BCC Chairperson as requested
REPORT: Chairwoman Sorenson asked Assistant County Manager Alina Hudak to prepare an appropriate memorandum asking Chairman Moss to waive the Board’s rules and procedures to allow this proposed ordinance to be heard at the June 2, 2009, meeting.

Board of County Commissioners 4/7/2009 Tentatively scheduled for a public hearing Budget, Planning and Sustainability Committee 5/12/2009

Board of County Commissioners 4/7/2009 4G Adopted on first reading 5/12/2009 P
REPORT: The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Budget, Planning, and Sustainability Committee on May 12, 2009 at 2:00 P.M.

County Attorney 3/20/2009 Referred Budget, Planning and Sustainability Committee 5/12/2009

County Attorney 3/20/2009 Assigned John D. Mc Innis

Legislative Text


TITLE
ORDINANCE AMENDING SECTION 10-33.02 OF THE CODE OF MIAMI-DADE COUNTY; PERTAINING TO THE COMMUNITY SMALL BUSINESS ENTERPRISE (CSBE) PROGRAM; PROVIDING FOR ENFORCEMENT AND PENALTIES FOR FAILURE TO SATISFY AN APPROVED CSBE MAKE-UP PLAN; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 10-33.02 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec 10-33.02. Community Small Business Enterprise Program.
* * *
(5) [[Sanctions for contractual violations]]>>Enforcement<<
* * *
v. The foregoing notwithstanding, the County Manager shall include language in all prospective contracts containing a CSBE measure which provides that, in addition to any other sanction for failure to fulfill the CSBE measure requirements, the contractor's eligibility to receive any future county contracts may be conditioned upon the contractor making up the deficit in CSBE participation in such future contracts by having CSBE(s) perform equal to double the dollar value of the deficiency in the CSBE measure in the prior contract. >>Contract language shall provide that in order to be eligible for future county contracts, a contractor who fails to meet an established CSBE goal shall submit a CSBE Make-up Plan for the approval of the Director. A Make-up Plan and a corresponding Schedule of Intent Affidavit must be submitted as part of any bid or proposal submitted for future contracts at the time of bid or proposal submittal. The Schedule of Intent Affidavit must identify all CSBEs to be utilized to meet the first tier subcontractor goal and the trade designation of work each firm will perform in satisfaction of a make-up, in addition to any other goals that may be applicable. Failure to include the required Schedule of Intent Affidavit with bids or proposals for any future contracts shall result in the submittal being deemed nonresponsive. Any contractor subject to an approved Make-up Plan that fails to comply with any of the material terms of that Make-up plan, without good cause, shall be subject to an automatic suspension from bidding and/or otherwise participating on County contracts as a prime or subcontractor for a six (6) month period. A contractor that fails to comply with any of the material terms of a second Make-up plan, without good cause, shall be subject to an automatic suspension from bidding and/or otherwise participating on County contracts as a prime or subcontractor for a one (1) year period. A contractor that fails to comply with any of the material terms of a third Make-up plan, without good cause, may be subject to debarment and shall automatically be referred to the debarment committee. After serving a debarment for failure to satisfy a make-up plan for no good cause, the subject firm shall be deemed ineligible for bidding on county contracts with measures for 1 additional year unless the County Manager determines that an emergency exists justifying such participation, and the Board of County Commissioners approves such decision.<< The foregoing obligation shall be in addition to any CSBE measure otherwise applicable to the future contract.

Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 4. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.




1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.



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