Miami-Dade Legislative Item
File Number: 102737
Printable PDF Format Download Adobe Reader  

File Number: 102737 File Type: Ordinance Status: Failed
Version: 0 Reference: Control: Board of County Commissioners
File Name: CBE PROGRAM WITH THE DESIGN AND CSBE Introduced: 11/23/2010
Requester: NONE Cost: Final Action: 2/1/2011
Agenda Date: 2/1/2011 Agenda Item Number: 7F
Notes: Title: ORDINANCE PROVIDING THAT LEASES AND CONTRACTS FOR PRIVATELY FUNDED IMPROVEMENTS ON COUNTY OWNED LAND SHALL BE SUBJECT TO THE REQUIREMENTS OF THE COMMUNITY BUSINESS ENTERPRISE (''CBE'') PROGRAM IN CONNECTION WITH THE DESIGN AND THE COMMUNITY SMALL BUSINESS ENTERPRISE (''CSBE'') PROGRAM IN CONNECTION WITH THE CONSTRUCTION OF THOSE IMPROVEMENTS; AMENDING SECTIONS 2-10.4.01 AND 10-33.02 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: COMMUNITY BUSINESS ENTERPRISE PROGRAM A&E SERVICES
  COMMUNITY SMALL BUSINESS ENTERPRISE ADVISORY BOARD
Sponsors: Barbara J. Jordan, Prime Sponsor
  Audrey M. Edmonson, Co-Sponsor
  Jean Monestime, 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 2/1/2011 7F Adopted as amended F
REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. Commissioner Jordan explained the intent of this proposed ordinance to provide that leases and contracts for privately funded improvements on County-owned land should be subject to the requirements for the County’s Community Business Enterprise (CBE) and Community Small Business Enterprise (CSBE) programs. Mr. Miguel Southwell, Deputy Director, Miami-Dade Aviation Department, asked for an amendment to exclude tenant improvements, including equipment installation, remodeling and finishes being performed and paid for by tenants in existing facilities. Commissioner Jordan asked for clarification on the proposed amendment offered by Mr. Southwell. In response to Commissioner Jordan’s request, Assistant County Attorney Hugo Benitez advised the Board members that the amendment should set a monetary threshold for the tenant improvements. Mr. Southwell stated that the Department could accept the advice of Mr. Benitez, with one exception for a cooler located in a warehouse in the amount for $100,000. Commissioner Jordan accepted the amendment to set the threshold amount at $100,000. It was moved by Commissioner Jordan that the Board adopt the foregoing proposed ordinance as amended. Commissioner Edmonson seconded this motion. Chairman Martinez asked the County Manager to provide the list of 40 projects that could potentially be affected by this proposed ordinance including 60 Transit projects. He expressed he wanted to make sure this proposed amendment would shorten that list. Commissioner Sosa stated that she spoke with Assistant County Attorney Benitez to prepare language to ensure that there was no increase in general fund dollars to implement this proposed ordinance. She expressed concern with the implementation of more regulations during this economic crisis and the message it sent to large businesses that were considering operating in Miami-Dade County to provide jobs for this community. County Manager George Burgess stated that it was difficult to quantify the cost and pointed out that staff would have to evaluate the additional burden or cost. He referenced a list of projects that could be impacted. He stated this proposal would increase the requirements for companies doing business in Miami-Dade County. Commissioner Sosa noted that all existing County requirements for companies to do business in Miami-Dade County were currently being reviewed. She stated that she would not support having too many requirements for doing business in the County. Chairman Martinez noted that the Infrastructure and Land Use Committee reviewed this proposal and that the other committees should review current business regulations, under their jurisdiction, that might impede businesses’ ability to thrive in this County. Commissioner Gimenez noted that passage of this resolution with an instruction to the County Mayor would do exactly what Chairman Martinez referenced. He noted Miami-Dade Aviation Department’s request to exclude certain items did exactly what Commissioner Sosa said it would; impede business. He indicated he also agreed that the County did not need this requirement immediately during this economic crisis. Commissioner Monestime questioned whether the Miami-Dade Aviation Department, Miami-Dade Seaport Departments and/or any other County department could be exempted from this requirement. County Manager Burgess stated that private contracts and projects done on County-owned land would subject to the proposed provisions outlined in this ordinance. He stated that some private organizations had long-term County leases that were not procured or awarded through the County; therefore, those private organizations must adhere to these small business requirements. A discussion ensued between Commissioner Monestime and County Manager Burgess regarding the benefits of promoting small business and the objective of creating business opportunities in Miami-Dade County. Commissioner Edmonson questioned the implication for future contracts and jobs in Miami-Dade County for this proposed ordinance. In response to Commissioner Edmonson’s question, Assistant County Attorney Benitez stated this proposal would apply to all contracts executed after the effective date of this ordinance. In addition, he pointed out that this would apply to bids issued and open, but was not awarded yet. Discussion ensued among the Board members regarding long-term leases on County-owned land. Commissioner Jordan stated that businesses that used County-owned land already received a savings and should be required to adhere to the CBE and CSBE requirements. The Board proceeded to vote on the foregoing proposed ordinance as amended. Assistant County Attorney Benitez clarified the amendment would add the following language to Sections 1 and 2: “privately funded tenant improvements on County-owned land shall be exempt from this section of the Code providing the cost of such improvements is estimated not to exceed $100,000 or involves the installation of coolers.” Commissioner Seijas suggested the scheduling of a sunshine meeting between the County Administration and Commissioner Jordan to discuss this matter. Upon a roll call vote, the motion failed by a vote of 7-4 (Commissioners Barreiro, Bell, Gimenez, Heyman, Martinez, Sosa and Souto voted “No”; Commissioners Seijas, Jordan, Monestime and Edmonson voted “Yes”; and Commissioners Diaz and Moss were absent).

Internal Mgmt. & Fiscal Responsibility Committee 1/11/2011 1D1 Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Jess McCarty read the foregoing proposed ordinance into the record. Chairwoman Bell opened the public hearing on the foregoing proposed ordinance, and the following individuals appeared before the Committee: Mr. Al Hardemon, 655 NW 48 Street, spoke in support of this proposed ordinance. Mr. Lee Williams, 1552 N Miami Avenue, requested this proposed ordinance be amended to require the local community be notified before improvements began on County owned land, to require that contractors could not use job agencies to find workers, and to publish the names of the subcontractors in the Miami Herald. Chairwoman Bell closed the public hearing after no other persons appeared wishing to speak. Commissioner Jordan noted the intent of this proposed ordinance was for the County to have the same position as the Federal Government, which would apply the same standards to any project involving government resources. Hearing no other questions or comments, the Committee proceeded to vote.

Board of County Commissioners 12/7/2010 Tentatively scheduled for a public hearing Budget, Planning and Sustainability Committee 1/11/2011

Board of County Commissioners 12/7/2010 4B Adopted on first reading 1/11/2011 P
REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. The foregoing proposed ordinance was adopted on first reading and scheduled for a public hearing before the Budget, Planning and Sustainability Committee on January 11, 2011, at 2:00 p.m.

County Attorney 11/23/2010 Referred Budget, Planning and Sustainability Committee 1/11/2011

County Attorney 11/23/2010 Assigned Hugo Benitez

Legislative Text


TITLE
ORDINANCE PROVIDING THAT LEASES AND CONTRACTS FOR PRIVATELY FUNDED IMPROVEMENTS ON COUNTY OWNED LAND SHALL BE SUBJECT TO THE REQUIREMENTS OF THE COMMUNITY BUSINESS ENTERPRISE (“CBE”) PROGRAM IN CONNECTION WITH THE DESIGN AND THE COMMUNITY SMALL BUSINESS ENTERPRISE (“CSBE”) PROGRAM IN CONNECTION WITH THE CONSTRUCTION OF THOSE IMPROVEMENTS; AMENDING SECTIONS 2-10.4.01 AND 10-33.02 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; 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. Sections 2-10.4.01 of the Code of Miami-Dade County, Florida, is hereby
amended to read as follows:1
Sec 2-10.4.01. Community Business Enterprise Program for Architectural, Landscape Architectural, Engineering, and Surveying and Mapping Professional Services.

(1) Title. This Section shall be referred to as the Miami-Dade County Community Business Enterprise ("CBE-A/E") Program for Architectural, Engineering, Landscape Architectural, and Surveying and Mapping Professional Services.

* * *


2. Program Components:

A.
Application. Except where federal or state laws or regulations mandate to the contrary, the provisions of this section shall require review of all project specific, contracts, design-build contracts, and multiple contracts for architectural, landscape architecture, engineering, and surveying and mapping professional services funded in whole or in part with County funds >>and all leases and contracts for privately funded construction on County- owned land<< to determine the appropriateness of applying measures as set forth in this section. The CBE-A/E Program shall not apply to continuing contracts. The County Manager or his or her designee shall take steps to ensure that the Community Business Enterprise (CBE-A/E) objective of assuring that not less than 10 percent of the County's total annual expenditures for professional architectural, landscape architectural, engineering, and surveying and mapping services, are expended with CBE-A/Es certified under this section is met. The provisions of this section shall apply to all departments and agencies of the County and the Public Health Trust. The words County Manager in this section shall mean the County Manager or his or her designee. >>All leases and contracts for privately funded construction on County-owned land for which measures are determined to be appropriate under this Section shall contain specific provisions to implement the intent of the CBE program in a manner consistent with its application to County design contracts.<<

* * *
Section 2. Sections 10-33.02of the Code of Miami-Dade County, Florida, is hereby
amended to read as follows:

Sec 10-33.02 Community Small Business Enterprise Program.

(1) Title. This section shall be referred to as the Miami-Dade County Community Small Business Enterprise (“CSBE”) Program.

* * *

(3) Program components:

A. Application. Except where federal or state laws or regulations mandate to the contrary, the provisions of this ordinance shall require review of all construction contracts funded in whole or in part with County funds >>and all leases and contracts for privately funded construction on County-owned land<< to determine the appropriateness of applying contract measures as set forth in this section. The County Manager shall prepare administrative orders, bid, and contract documents implementing the Bonding and Financial Assistance Program, the Management and Technical Assistance Programs, the Mentor-Protégé Program and other related programs addressed in this section. >>All leases and contracts for privately funded construction on County-owned land for which measures are determined to be appropriate under this Section shall contain specific provisions to implement the intent of the CSBE program in a manner consistent with its application to County construction contracts.<< The words County Manager in this section shall mean the County Manager or his or her designee.

* * *


Section 3. 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 4. 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 5. 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.
Approved                     Mayor Agenda Item No. 4(B)
Veto __________ 12-7-10
Override __________



Home  |   Agendas  |   Minutes  |   Legislative Search  |   Lobbyist Registration  |   Legislative Reports
2014 BCC Meeting Calendar  |   Miami-Dade County Code of Ordinances   |   ADA Notice  |  

Home  |  Using Our Site  |  About Phone Directory  |  Privacy  |  Disclaimer

E-mail your comments, questions and suggestions to Webmaster  

Web Site © 2014 Miami-Dade County.
All rights reserved.