Legislative Matter

Miami-Dade Legislative Item
File Number: 120182

Printable PDF Format

Clerk's Official Copy

File Number: 120182

File Type: Ordinance

Status: Adopted

Version: 0

Reference: 12-05

Control: Board of County Commissioners

File Name: CBE PROGRAM WITH THE DESIGN & CSBE

Introduced: 1/30/2012

Requester: NONE

Cost:

Final Action: 2/7/2012

Agenda Date: 2/7/2012

Agenda Item Number: 7A

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 (SEE ORIGINAL ITEM UNDER FILE NO. 111953, 112553)

Indexes:

COMMUNITY SMALL BUSINESS ENTERPRISE ADVISORY BOARD

Sponsors:	Barbara J. Jordan, Prime Sponsor
	Audrey M. Edmonson, Co-Sponsor
	Jean Monestime, Co-Sponsor
	Dennis C. Moss, 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	2/7/2012	7A	Adopted				P
REPORT:	First Assistant County Abigail Price Williams read the foregoing proposed ordinance into the record. Hearing no questions or comments, members of the Board proceeded to vote on this ordinance as presented.

County Attorney	1/30/2012		Assigned	Hugo Benitez

Economic Development & Social Services Committee	1/11/2012	1F1 AMENDED	Forwarded to the BCC with a favorable recommendation with subcommittee amendment(s)				P
REPORT:	Assistant County Attorney Cynthia Johnson-Stacks read the foregoing proposed ordinance, and companion item 1F1 Supplement, into the record. Chairwoman Sosa called for anyone wishing to appear in opposition and seeing no one appear, she opened the public hearing and called for anyone wishing to be heard. The following individuals appeared in support: 1) Ms. Ismailia Rashid, Member Community Small Business Enterprise (CSBE) Association, Inc., 266 NW 26th St., Miami; 2) Ms. Dorothy Brown-Alfaro, Member CSBE Association, Inc., 6600 NW 27th Ave., Miami; 3) Mr. Jose Andarcio Gonzalez, Member CSBE Association, Inc., 16980 SW 297th Street, Homestead; 4) Mr. Sam Somi, CSBE Association, Inc. Board Member, 7657 NW 50 St, Miami; and 5) Ms. Linda Levine, Owner, Roberts Traffic Marking, 4215 Buchanan St. Seeing no other persons wishing to be heard, Chairwoman Sosa closed the public hearing. It was moved by Commissioner Monestime, that the foregoing proposed ordinance be forwarded to the Board of County Commissioners with a favorable recommendation. This motion was seconded by Commissioner Moss for discussion. Chairwoman Sosa recognized Commissioner Jordan, as the Prime Sponsor of the foregoing ordinance, to present the item. Commissioner Jordan provided a historical overview to clarify the intent of this proposed ordinance, noting she recalled a program created by former Commissioner Carey-Schuler to address the disparity issue, and indicated that the Administration was currently formulating a process to gather data for a disparity study. She pointed out that many of the speakers at today’s meeting graduated from former Commissioner Carey-Schuler’s program, and they created the Community Small Business Enterprise (CSBE) Association. However, she indicated, many of them were struggling because they were at a disadvantage compared with private entities, which were not subject to the same rules and regulations. For this reason, Commissioner Jordan noted, the ordinance provided that lease agreements and contracts for privately-funded improvements on County-owned property would be subject to the requirements of the Community Business Enterprise (CBE) program. Commissioner Jordan requested the County Attorney to clarify whether projects under $200,000 were exempt from the provisions of this ordinance. She asked that this ordinance be amended to include the Seaport in the exemption clause. Commissioner Moss questioned why the Aviation and Seaport were the only departments included in the exemption. Commissioner Jordan noted she had no problem amending the ordinance to include any project under $200,000. Commissioner Moss indicated he was supportive of the ordinance and asked that he be added as a co-sponsor. He noted he was trying to get clarification as to why the Aviation and Seaport Departments were eligible for the $200,000 exemption in the first place. Commissioner Jordan explained that the Aviation and Seaport Departments requested exceptions on the record. The Aviation Department had some vendors who wanted to make improvements, and they felt those projects that cost under a certain amount should be exempted in order to expedite the improvements. Chairwoman Sosa said she believed the Aviation and Seaport Departments requested exemptions to avoid the process and expedite the completion of projects under $200,000. She noted she supported the proposed amendment because it would provide a more organized process without unnecessarily burdening departments wishing to undertake projects under a certain amount. In response to Commissioner Moss’ concern with how the $200,000 threshold would impact the level of contracts negotiated by CSBEs, Mr. Mario Goderich, Sustainability, Planning, and Economic Enhancement Department Director, said he did not believe the $200,000 threshold would have any significant impact, but he would determine the impact if any, and report back to Commissioner Moss. Commissioner Moss asked Ms. Dorothy Brown-Alfaro, Member CSBE Association, Inc., whether the $200,000 threshold would not be a problem, and she replied that it would not. Mr. Goderich advised that the approval of this ordinance would increase local participation for CSBEs withoug increasing the cost of the contract. Commissioner Bell noted she supported the CSBE Program; however, since most contracts were for an amount exceeding $200,000, she was concerned that all contracts would be applicable to the requirements of the Community Business Enterprise (CBE) Program pursuant to this ordinance. She said she disagreed with imposing the requirements of the program to privately funded projects, as this would inhibit private enterprise. Assistant County Attorney Johnson-Stacks proposed the following amended language: “…notwithstanding the foregoing, this section shall not apply to privately funded construction on any County facility or property where the total value of construction is $200,000 or less…” The Committee forwarded the foregoing proposed ordinance to the Board of County Commissioners with a favorable recommendation, with Committee amendment(s) to replace “Miami-Dade Aviation Department” with “County-owned,” on handwritten page 4, Section 1, Paragraph A, line 4 from the bottom; and to include the following language at the end of Paragraph A in both Sections 1 and 2: “…notwithstanding the foregoing, this section shall not apply to privately funded construction on any County facility or property where the total value of construction is $200,000 or less…”

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.

* * *

(3) 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. Notwithstanding the foregoing, this Section shall not apply to privately funded construction on any<<[[Miami-Dade Aviation Department]] >>County-owned<<2 >>facilities or property where the total value of the construction is two hundred thousand dollars ($200,000) or less.<<

* * *

Section 2. Sections 10-33.02 of 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-Prot�g� 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.<< >>This Section shall not apply to privately funded construction on any County-owned facilities or property where the total value of the construction is two hundred thousand dollars ($200,000) or less.<< 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.
2 Committee amendments are indicated as follows: words double stricken through and/or [[double bracketed]] shall be deleted, words double underlined and/or �double arrowed� constitute the amendment proposed.