Miami-Dade Legislative Item
File Number: 102419
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File Number: 102419 File Type: Ordinance Status: Adopted
Version: 0 Reference: 10-82 Control: Board of County Commissioners
File Name: AMEND SEC 2-8.1.1.1.1 RELATING TO SBE PROGRAM RETRO TEMP EXT Introduced: 10/5/2010
Requester: NONE Cost: Final Action: 12/7/2010
Agenda Date: 12/7/2010 Agenda Item Number: 7A
Notes: Title: ORDINANCE PERTAINING TO SMALL BUSINESS ENTERPRISE PROGRAM; AMENDING SECTION 2-8.1.1.1.1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA TO PROVIDE RETROACTIVE TEMPORARY EXTENSION TO CERTIFIED FIRMS DURING PROCESSING AND REVIEW OF RECERTIFICATION APPLICATIONS; AND PROVIDING SEVERABILITY, INCLUSION IN CODE AND EFFECTIVE DATE
Indexes: AMENDING CODE
  SMALL BUSINESS ENTERPRISE
Sponsors: Audrey M. Edmonson, Prime Sponsor
  Barbara J. Jordan, Co-Sponsor
  Jean Monestime, Co-Sponsor
  Dorrin D. Rolle, Co-Sponsor
  Rebeca Sosa, Co-Sponsor
  Lynda Bell, 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 12/7/2010 7A Adopted P

Budget, Planning and Sustainability Committee 11/9/2010 1E1 Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Jess McCarty read the foregoing proposed ordinance into the record. Chairwomen Sorenson opened the public hearing on the foregoing proposed ordinance. She closed the public hearing after no one appeared wishing to speak. Hearing no other questions or comments, the Committee proceeded to vote.

Board of County Commissioners 10/19/2010 Tentatively scheduled for a public hearing Budget, Planning and Sustainability Committee 11/9/2010

Board of County Commissioners 10/19/2010 4A Adopted on first reading 11/9/2010 P
REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. The foregoing ordinance was adopted on first reading and scheduled for a public hearing before the Budget, Planning and Sustainability Committee on November 9, 2010 at 2:00 PM.

County Attorney 10/5/2010 Referred Budget, Planning and Sustainability Committee 11/9/2010

County Attorney 10/5/2010 Assigned David S. Hope

Legislative Text


TITLE
ORDINANCE PERTAINING TO SMALL BUSINESS ENTERPRISE PROGRAM; AMENDING SECTION 2-8.1.1.1.1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA TO PROVIDE RETROACTIVE 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 2-8.1.1.1.1, Code of Miami-Dade County, is hereby amended as follows1:
Sec. 2-1.1.1.1. Small Business Enterprise Program.
* * *
(3) Program
* * *
(h) Certification
1. The Department of >>Small<>(“SBD”)<< shall implement eligibility criteria and procedures for entities to be certified as SBEs/Micro Enterprises.

2. Any SBE/Micro Enterprise that exceeds the size limits shall immediately be graduated from the program after formal written notification. Such SBE/Micro Enterprises shall be allowed to remain through the contract period on awarded contracts and any options to renew on the contract. The graduated firm shall not be eligible for any new contracts under the SBE program under the existing certification. With exception of provisions described in the ordinance for graduation from the SBE/Micro Enterprise program, loss of certification may lead to removal of the firm from continued participation in the Small Business Enterprise program.

3. [[The Department of Business Development]]>>SBD<< shall maintain an updated list of firms that identifies each listed SBE and Micro Enterprise based on the nature of the goods and/or services the SBE and Micro Enterprise shall be certified to provide.

4. [[The Department of Business Development]]>>SBD<< shall not certify an applicant, shall not recertify an SBE or Micro Enterprise, and shall decertify an SBE or Micro Enterprise that fails to comply with the criteria or procedures for obtaining or maintaining certification. [[D]]>>S<
5. Certification shall be renewed annually, and must be in effect at the time of bid submission, bid award, and 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 SBE/Micro Enterprise certification retroactively temporarily extended during the period of recertification processing and review by SBD.<< SBEs and Micro Enterprises experiencing changes in ownership shall notify [[D]]>>S<
6. Applicants and certified SBEs or Micro Enterprises must have an occupational license and an actual place of business in Miami-Dade County at which they perform a commercially useful function in the provision of the type of goods or services for which certification is sought in order to be eligible for certification or remain certified.

7. A business entity shall be eligible to be certified as an SBE or Micro Enterprise only if the owner holding at least ten (10) percent shares or ownership in the business entity personally possesses any regulatory licenses and satisfies the qualifying requirements required in order to engage in the business of providing the type of goods or services for which certification is sought.

8. A business owner alone or as a member of a group, shall own or control only one SBE or Micro Enterprise at a time and shall not own and control another separate business certified under the Small Business Enterprise Program.

9. [[The Department of Business Development]]>>SBD<< may require applicants and SBEs or Micro Enterprises to submit information regarding their business operations in order to determine eligibility for certification.

* * *

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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