Broward County Commission Regular Meeting


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AI-26760 38.       
Meeting Date: 05/08/2018  
Director's Name: Andrew J. Meyers
Department: County Attorney  
Information
Requested Action
A.  MOTION TO CONSIDER enactment of an 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 OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE"); CREATING NEW SECTIONS 1-81.9 AND 1-81.10 OF THE CODE ADDRESSING SMALL BUSINESS DEVELOPMENT AND PROCUREMENT PREFERENCES; 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)
 
ACTION:  (T-4:05 PM)  Filed proof of publication and enacted the Ordinance to become effective as provided by law.  (Refer to minutes for full discussion.)

VOTE:  8-0.  Commissioner Ryan was out of the room during the vote.

ACTION:  (T-4:08 PM) Commissioner Ryan requested being shown voting the affirmative.

VOTE:  9-0.
 
B.  MOTION TO CONSIDER adoption of a Resolution No. 2018-224 Amending the Administraive 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.

ACTION:  (T-4:05 PM)  Approved.  (Refer to minutes for full discussion.)

VOTE:  8-0.  Commissioner Ryan was out of the room during the vote.

ACTION:  (T-4:08 PM) Commissioner Ryan requested being shown voting the affirmative.

VOTE:  9-0.
Why Action is Necessary
Resolutions directing the County Administrator to publish notice of public hearing to consider enactment of the Ordinance and adoption of the Resolution were adopted by the Board of County Commissioners at its meeting of April 24, 2018.
What Action Accomplishes
Amends the Code of Ordinances and Administrative Code to update the Broward County Business Opportunity Act of 2012 and related procedures.
Is this Action Goal Related
Previous Action Taken
Summary Explanation/Background
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 twenty-five percent (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. 
 
The published, proposed Ordinance incorporates the two amendments approved by the Board on April 24, 2018. 
 
Motion A
 
The proposed Ordinance includes the following material amendments to the Act:
  1. Mandatory twenty-five percent (25%) CBE participation goal for applicable County contracts, with certain stated exceptions;
  2. Updates administrative procedures and enforcement provisions, including compulsory liquidated damages clause for nonattainment of required participation goals, notices to cure, notices of violation, decertification, and appeal procedures;
  3. Modifies certification standards for CBEs and SBEs;
  4. Adds a new compliance process in which bidders may submit assurances of goal compliance efforts in the bidders' solicitation responses and later supplement those assurances with required documentation;
  5. Adds a new Fair Dealing policy for all Act-related business activities;
  6. Revises definitions for key terms;
  7. Adds authority for the OESBD Director to determine when CBEs and SBEs graduate from the County's Small Business Development Program, and authority to create incentive programs for small business and economic development;
  8. No CBE goal or CBE or SBE reserve shall be established unless there is a minimum of two (2) certified, available firms to perform the work specified in a solicitation; and
  9. Provides an opportunity for a CBE or SBE firm to match the lowest bid or to be the highest-ranked proposer if no CBE goal or CBE or SBE reserve is established because there are fewer than two (2) certified, available firms to perform the work and the CBE or SBE firm provides a responsive, responsible bid that is within 10% of the lowest responsive, responsible bid or scores within 5% of the highest-ranked responsive, responsible proposer.
Motion B
 
The proposed Resolution amends provisions in the Administrative Code to complement and avoid duplication of the amended Act provisions.
Source of Additional Information
Tricia D. Brissett, Assistant County Attorney, (954) 357-7600
Fiscal Impact
Fiscal Impact/Cost Summary:
Fiscal Impact Statement relating to the Proposed Ordinance by Office of Management and Budget is attached as Exhibit 2.
Attachments
Exhibit 1 - Copy of Proposed Ordinance
Exhibit 2 - Copy of Fiscal Impact Statement
Exhibit 3 - Copy of Proposed Resolution Amending the Administrative Code

    

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