Miami-Dade Legislative Item
File Number: 102271
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File Number: 102271 File Type: Ordinance Status: Withdrawn
Version: 0 Reference: Control: County Commission
File Name: CSBE PROCESSING AND REVIEW RECERTIFICATION APPLICATIONS Introduced: 9/20/2010
Requester: NONE Cost: Final Action: 10/5/2010
Agenda Date: 10/5/2010 Agenda Item Number: 4D
Notes: Title: ORDINANCE PERTAINING TO COMMUNITY SMALL BUSINESS ENTERPRISE PROGRAM; AMENDING SECTION 10-33.02 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA TO PROVIDE TEMPORARY EXTENSION TO CERTIFIED FIRMS DURING PROCESSING AND REVIEW OF RECERTIFICATION APPLICATIONS; AND PROVIDING SEVERABILITY, INCLUSION IN CODE AND EFFECTIVE DATE
Indexes: COMMUNITY SMALL BUSINESS ENTERPRISE
  CSBE PROGRAM
  ORDINANCE PERTAINING
Sponsors: Rebeca Sosa, Prime Sponsor
  Audrey M. Edmonson, 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 10/5/2010 Tentatively scheduled for a public hearing Budget, Planning and Sustainability Committee 11/9/2010

Board of County Commissioners 10/5/2010 4D Withdrawn
REPORT: (SEE AGENDA ITEM 4D SUBSTITUTE, LEGISLATIVE FILE NUMBER 102400)

County Attorney 9/20/2010 Referred Budget, Planning and Sustainability Committee 11/9/2010

County Attorney 9/20/2010 Assigned David S. Hope 9/21/2010

Legislative Text


TITLE
ORDINANCE PERTAINING TO COMMUNITY SMALL BUSINESS ENTERPRISE PROGRAM; AMENDING SECTION 10-33.02 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA TO PROVIDE TEMPORARY EXTENSION TO CERTIFIED FIRMS DURING PROCESSING AND REVIEW OF RECERTIFICATION APPLICATIONS; AND PROVIDING SEVERABILITY, INCLUSION IN CODE AND EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 10-33.02, Code of Miami-Dade County, is hereby amended as follows1:
Sec. 10-33.02. Community Small Business Enterprise Program.
* * *

(4) Certification requirements: The County Manager shall implement eligibility criteria and procedures for entities to be certified as CSBEs based on regulations outlined in this section. Firms exceeding size limits established hereunder and under Appendix A [which can be found in the County Clerk's office attached to Ordinance Number 97-52] are not eligible for contract measures or participation in these programs.

1. The Department of >>Procurement Management (“DPM”)<<[[Business Development]] shall maintain and publish at least every other week an updated list of CSBEs, identifying each listed CSBE based on each SIC category and each specialty trade the CSBE is certified in, and noting what contracting participation level the firm is classified in.
2. [[The ]]D>>PM<<[[epartment of Business Development]] shall not certify an applicant, shall not recertify a CSBE, and shall decertify a CSBE that fails to comply with the criteria or procedures for obtaining or maintaining certification. [[The ]]D>>PM<<[[epartment of Business Development]] shall have authority to suspend the certification of a CSBE during any appeal of a decertification decision.

3. Applicants and certified CSBEs must be properly licensed to conduct business in Miami-Dade County, must perform a commercially useful function with an actual place of business in Miami-Dade County, and must continue to perform a commercially useful function in Miami-Dade County to be eligible for certification or to remain certified.

4. The qualifier of the certified CSBE firm must own at least ten (10) percent of the certified firm's issued stock.

5. Certification shall be renewed annually, and must be in effect at the time of bid submittal. For successful bidders, certification must be maintained from the time of bid submittal throughout the duration of the contract. >>Firms that (a) are in good standing with the County, and (b) have timely submitted their recertification application (i.e., all required information before certification expiration), shall have their CSBE certification temporarily extended during the period of recertification processing and review by DPM.<< With the exception of provisions previously described for graduation from the CSBE program, loss of CSBE certification may lead to removal of the firm from continued participation in the CSBE program. CSBEs experiencing changes in ownership shall notify the County Manager within thirty (30) days of the effective date of such changes.

6. A business owner, alone or as a member of a group, shall own or control only one (1) CSBE at a time. A business owner, alone or as a member of a group, and any CSBE may not hold more than a ten (10) percent equity ownership in any other CSBE.

7. Applicants for CSBE certification shall, as part of their application, disclose the information specified in Subsections (d)(1) and (2) of Section 2-8.1 of this Code.

8. [[The ]]D>>PM<<[[epartment of Business Development]] may require applicants and CSBEs to submit information regarding their business operations, including but not limited to a breakdown of the applicant’s or CSBE’s ownership, and/or workforce as to race, national origin, gender, and gross annual sales.

* * *

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 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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