Legislative Matter

Miami-Dade Legislative Item
File Number: 112664

Printable PDF Format

Clerk's Official Copy

File Number: 112664

File Type: Ordinance

Status: Adopted

Version: 0

Reference: 12-13

Control: Board of County Commissioners

File Name: CREATE CERTIFIED SMALL BUSINESS ENTERPRISE SET-ASIDE

Introduced: 12/21/2011

Requester: NONE

Cost:

Final Action: 3/6/2012

Agenda Date: 3/6/2012

Agenda Item Number: 7E

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 CREATE A CERTIFIED SMALL BUSINESS ENTERPRISE SET-ASIDE FOR CONTRACTS UP TO $100,000; AND PROVIDING SEVERABILITY, INCLUSION IN CODE AND EFFECTIVE DATE

Indexes:	SET ASIDES
	SMALL BUSINESS ENTERPRISE

Sponsors:	Jean Monestime, 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	3/6/2012	7E	Adopted				P
REPORT:	First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. Hearing no questions or comments, the Board proceeded to vote on the proposed ordinance, as presented.

Internal Mgmt. & Fiscal Responsibility Committee	2/14/2012	1F6	Forwarded to BCC with a favorable recommendation				P
REPORT:	Assistant County Attorney Oren Rosenthal read the foregoing proposed ordinance into the record. Chairwoman Bell opened the public hearing and called for persons wishing to appear before the Committee in connection with this proposed ordinance. Ms. Stacey Silvera, 20221 NE 21 Avenue, Miami, appeared in support of the proposed amendment to the ordinance. She noted she was the owner of a Small Business Enterprise (SBE) firm and served on the Small Business Advisory Board. Ms. Silvera said this proposal would help small businesses participate with the County, noting that a micro program set aside was established but never was a SBE set aside and many local firms fell above the micro level. She explained that at least three businesses were needed within a specific category in order for a set aside and encouraged Commissioners to reach out to their constituents to promote SBE registration. Ms. Dorothy Brown-Alfaro, 6600 NW 27 Avenue, #104, Miami, spoke in support of the amendment to the ordinance. After hearing no one further wishing to speak, Chairwoman Bell closed the public hearing. It was moved by Commissioner Edmonson that the foregoing proposed ordinance be forwarded to the County Commission with a favorable recommendation. This motion was seconded by Commissioner Jordan. Commissioner Monestime noted the foregoing proposed ordinance would provide access and an effective method for small businesses to compete for County contracts. He said the County spent $19.7 million on goods and services valued under $100,000; however, the SBE share of these funds was only ten-percent. Commissioner Monestime noted the proposal would increase participation in the SBE set-aside for contracts under $100,000 and provide a greater opportunity for small businesses to compete with one another. Hearing no further questions or comments, the Committee proceeded to vote on the foregoing proposed ordinance as presented.

Board of County Commissioners	1/24/2012	4J	Adopted on first reading		2/14/2012		P
REPORT:	The foregoing proposed ordinance was adopted on first reading and scheduled for public hearing before the Internal Management and Fiscal Responsibility Committee on February 14, 2012 at 2:00 p.m.

Board of County Commissioners	1/24/2012		Tentatively scheduled for a public hearing	Internal Mgmt. & Fiscal Responsibility Committee	2/14/2012

County Attorney	12/21/2011		Assigned	David S. Hope

County Attorney	12/21/2011		Referred	Internal Mgmt. & Fiscal Responsibility Committee	2/14/2012

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 CREATE A CERTIFIED SMALL BUSINESS ENTERPRISE SET-ASIDE FOR CONTRACTS UP TO $100,000; 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. 2-8.1.1.1.1. Small Business Enterprise Program.
* * *

(3) Program.
* * *

(b) Contracts of $[[5]]>>10<<0,000 or less.
1. Within the fiscal year, it is required that County departments expend with [[Micro Enterprise]]>>SBE<>one hundred<<[[a minimum of ten]] (10>>0<<) percent of the total value of contracts less than [[fifty]]>>one hundred<< thousand dollars ($[[5]]>>10<<0,000.00) for goods and/or services. The departmental requirement shall be >>complied with unless SBD determines that there is either not enough capacity, or the contract(s) can only be handled by a non-SBE firm(s)<<[[used as a guideline and shall not be construed as a ceiling for Micro Enterprise participation. Such efforts shall include: Requiring departments whenever possible to solicit bids or quotes from at least four >>(4) <
* * *

(c) Contracts Greater than $[[5]]>>10<<0,000. The following SBE measures may be applied to contracts greater than [[fifty]]>>one hundred<< thousand dollars ($[[5]]>>10<<0,000):

* * *

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.