Broward County Commission Regular Meeting

A. MOTION TO ADOPT Resolution directing the County Administrator to publish Notice of Public Hearing to be held on Tuesday, April 24, 2018, at 10:00 a.m., in Room 422 of the Governmental Center to consider enactment of a proposed Ordinance, the title of which is as follows:
 
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO THE BROWARD COUNTY BUSINESS OPPORTUNITY ACT RELATING TO COUNTY PROCUREMENT AND CONTRACTING OPPORTUNITIES FOR COUNTY BUSINESS ENTERPRISES ("CBEs") AND SMALL BUSINESS ENTERPRISES ("SBEs"); AMENDING SECTIONS 1-81 THROUGH 1-81.8 AND CREATING A NEW SECTION 1-81.9 OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE"); AMENDING DEFINITIONS; ALLOWING ADDITIONAL TIME FOR BIDDERS TO DEMONSTRATE COMPLIANCE WITH CBE GOALS DURING THE PROCUREMENT PROCESS; CLARIFYING REQUIREMENTS FOR BIDDERS TO ESTABLISH GOOD FAITH EFFORTS TO MEET CBE GOALS; UPDATING CBE AND SBE CERTIFICATION STANDARDS; AMENDING ENFORCEMENT PROVISIONS; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.

(Sponsored by Vice-Mayor Mark D. Bogen and
Commissioners Dale V.C. Holness and Barbara Sharief)

B. MOTION TO ADOPT Resolution directing the County Administrator to publish Notice of Public Hearing to be held on Tuesday, April 24, 2018, at 10:00 a.m., in Room 422 of the Governmental Center to consider adoption of a proposed Resolution Amending the Administrative Code, the title of which is as follows:
 
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO COUNTY PROCUREMENT AND CONTRACTING OPPORTUNITIES FOR COUNTY BUSINESS ENTERPRISES ("CBEs") AND SMALL BUSINESS ENTERPRISES ("SBEs"); AMENDING SECTIONS 19.40.1, 19.40.2, 19.40.6, AND 19.40.9, AND REPEALING SECTIONS 19.40.4, 19.40.5, AND 19.40.7 OF THE BROWARD COUNTY ADMINISTRATIVE CODE ("ADMINISTRATIVE CODE"), TO ELIMINATE PROVISIONS RENDERED UNNECESSARY BY RECENT AMENDMENTS TO THE BROWARD COUNTY BUSINESS OPPORTUNITY ACT OF 2012; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE ADMINISTRATIVE CODE, AND AN EFFECTIVE DATE.

(Commissioner Geller and a member of the public pulled this item.)

ACTION:  (T-11:32 AM)  Following public comments and Board discussion, the Board tabled this item until Tuesday, April 24, 2018.  (Refer to minutes for full discussion.)  (See the Yellow-Sheeted Additional Material, dated Tuesday, April 10, 2018, submitted at the request of the Office of the County Attorney and Commissioner Geller.)
 
VOTE: 9-0.

The proposed Ordinance and Resolution were prepared by the Office of the County Attorney at the direction of the Board of County Commissioners at its meetings of June 11, 2013, and September 26, 2017, respectively.

Amends the Code of Ordinances and Administrative Code to update the Broward County Business Opportunity Act of 2012 and related procedures.

THE OFFICE OF ECONOMIC AND SMALL BUSINESS DEVELOPMENT RECOMMENDS APPROVAL OF THE ABOVE MOTIONS.
 
Motions A and B support the Board of County Commissioners' Vision of "A vibrant economy with a diverse, skilled workforce, in a County offering unique advantages that attract all types of businesses to create equitable, countywide prosperity," and its Goal to "Increase the economic strength and impact of revenue-generating County enterprises balancing economic, environmental, and community needs."
 
On June 11, 2013, the Board directed the Office of the County Attorney to draft a narrow amendment to the Broward County Business Opportunity Act (the "Act") to provide some additional time for bidders to demonstrate that their responses to procurement solicitations meet the Act’s requirements. The Board further directed the Office of the County Attorney to draft a Resolution repealing portions of the Administrative Code rendered unnecessary by revisions to the Act.
 
On September 26, 2017, the Board directed the Office of the County Attorney to draft an Ordinance further amending the Act to require that all County contracts that are appropriate for CBE goals be assigned a minimum 25% CBE participation goal unless certain exceptions apply.
 
In addition, the Small Business Development Advisory Board (SBDAB) proposed multiple amendments to the Act, including modifications to the personal net worth limitations, size standards, CBE participation goal recommendations, and enforcement provisions. This Office also added language to provide additional remedies if CBE or SBE goal commitments contained in a contract are not met.

In an effort to harmonize the Board's directives with SBDAB's recommendations, the Office of Economic and Small Business Development (OESBD) and the Office of the County Attorney collaborated with the relevant County stakeholders to revise the Act and related administrative procedures.

Motion A
The proposed Ordinance includes the following material amendments to the Act:

Motion B
The proposed Resolution amends provisions in the Administrative Code to complement and avoid duplication of the amended Act provisions.

Tricia D. Brissett, Assistant County Attorney, (954) 357-7600