Miami-Dade Legislative Item
File Number: 102420
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File Number: 102420 File Type: Ordinance Status: Adopted
Version: 0 Reference: 10-83 Control: Board of County Commissioners
File Name: AMEND 2-10.401 RELATING TO SBE ENTERPRISE PROGRAM Introduced: 10/5/2010
Requester: NONE Cost: Final Action: 12/7/2010
Agenda Date: 12/7/2010 Agenda Item Number: 7B
Notes: Title: ORDINANCE PERTAINING TO COMMUNITY BUSINESS ENTERPRISE PROGRAM FOR ARCHITECTURAL, ENGINEERING, LANDSCAPE ARCHITECTURAL, AND SURVEYING AND MAPPING PROFESSIONAL SERVICES; AMENDING SECTION 2-10.4.01 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
  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 7B Adopted P

Budget, Planning and Sustainability Committee 11/9/2010 1E2 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 4B 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 COMMUNITY BUSINESS ENTERPRISE PROGRAM FOR ARCHITECTURAL, ENGINEERING, LANDSCAPE ARCHITECTURAL, AND SURVEYING AND MAPPING PROFESSIONAL SERVICES; AMENDING SECTION 2-10.4.01 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 2-10.4.01, Code of Miami-Dade County, is hereby amended as follows1:
Sec. 2-10.4.01. Community Business Enterprise Program for Architectural, Landscape Architectural, Engineering, and Surveying and Mapping Professional Services.

* * *
(3) Certification Requirements: The County Manager or his or her designee shall implement eligibility criteria and procedures for firms to be certified as CBE-A/Es based on regulations outlined in this section. Firms exceeding size limits established hereunder and under Appendix A of the ordinance from which this section derives are not eligible for measures or participation in these programs.

1. The Department of Small Business Development>> (“SBD”)<< shall maintain and publish at least monthly an updated list of CBE-A/Es.


2. [[The Department of Small Business Development]]>>SBD<< shall not certify an applicant, shall not recertify a CBE-A/E, and shall decertify a CBE-A/E that fails to comply with the criteria or procedures for obtaining or maintaining certification. [[The Department of Small Business Development]]>>SBD<< shall have authority to suspend the certification of a CBE-A/E during any appeal of a decertification decision

3. Applicants and certified CBE-A/Es 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. A qualifier can only qualify one CBE-A/E at a time.

4. The qualifier of the certified CBE-A/E firm must own at least twenty-five (25) percent of the certified firm's issued stock or have at least a twenty-five (25) percent ownership interest in the certified firm.

5. Certification shall be renewed annually, and must be in effect at the time of proposal submittal. For successful proposers, certification must be maintained from the time of proposal submittal throughout the duration of the agreement. >>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 CBE-A/E certification retroactively temporarily extended during the period of recertification processing and review by SBD.<< With the exception of provisions previously described for graduation from the CBE-A/E program, loss of CBE-A/E certification will lead to removal of the firm from continued participation in the CBE-A/E program. CBE-A/Es experiencing changes in ownership shall notify the County Manager or his or her designee 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 CBE-A/E at a time. A business owner, alone or as a member of a group, and any CBE-A/E may not hold more than a ten (10) percent equity ownership in any other CBE-A/E.

7. Applicants for CBE-A/E certification shall, as part of their application, disclose the information specified in subsections (d) (1) and (2) of Appendix A of this Code.

8. [[The Department of Small Business Development]]>>SBD<< may require applicants and CBE-A/Es to submit information regarding their business operations, including but not limited to a breakdown of the applicant's or CBE-A/E's ownership, gross annual sales and/or workforce; however, the race, national origin, gender, shall not be used in the consideration.


* * *

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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