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ORDINANCE AMENDING SECTION 10-33.02 OF THE CODE OF METROPOLITAN DADE COUNTY, FLORIDA, PERTAINING TO COMMUNITY SMALL BUSINESS ENTERPRISE PROGRAM; ALLOWING PROGRAM PARTICIPANTS TO BE CATEGORIZED IN MORE THAN ONE TYPE OF CONSTRUCTION; ALLOWING PROGRAM PARTICIPANTS TO HAVE BONDING CAPACITIES IN EXCESS OF THREE MILLION DOLLARS; REQUIRING CHALLENGES TO SUBCONTRACTOR GOALS BE FILED 10 DAYS PRIOR TO SCHEDULED BID OPENING DATE; PROVIDING SLIDING SCALE FOR BID PREFERENCE OF UP TO TWO PERCENT OF BIDDER'S BID PRICE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE

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BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF

DADE COUNTY, FLORIDA, that:

Section 1. Section 10-33.02 of the Code of Metropolitan Dade County,

Florida, as enacted by Ordinance No. 97-52 is amended as follows:1

Sec. 10-33.02. Community Small Business Enterprise Program.

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(2) Definitions.

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(j) Community Small Business Enterprise (CSBE) means a
` construction related enterprise, including a design-build firm, which has an actual place of business in Dade County and whose average annual gross revenues for the last three (3) years do not exceed: $2,000,000 for SIC 15 - Building Construction, General Contractors and Operative Builders; $2,000,000 for SIC 16 - Heavy Construction, other than Building Construction; or, $1,000,000 for SIC 17 - Specialty Trade Contractors. CSBEs shall
be categorized by the [[predominant]] type of construction they perform in accordance with the two-digit Standard Industrial Classification (SIC) code of the Census applicable to such type of construction. A CSBE will graduate out of the Program once it has exceeded these Size Limits based on its three year average annual gross revenues.

CSBEs must be certified by SIC code, and classified into one of the three Contracting Participation Levels by the firm's bonding capacity. The lack of bonding capacity shall not preclude an applicant from being certified as a CSBE. As part of the certification process, CSBEs must go through a prequalification process which will be used to determine which of the three Contracting Participation Levels the CSBE will be placed in based on the firm's bonding capacity; the prequalification process will utilize the current AIA Document A305 Contractor's Qualification Statement or equivalent (see Attachment 3). The levels of bonding capacity are as follows:


1. Level I - bonding capacity of up to $500,000 per contract;
2. Level II - bonding capacity above $500,000 but not exceeding $1,000,000 per contract; or
3. Level III - bonding capacity above $1,000,000[[but not exceeding $3,000,000 per contract]].
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(m) Contracting Participation Level refers to the level in which a CSBE firm is classified based on the combined bonding capacity of the applicant firm and that of all the firm's affiliates. A CSBE's level of bonding capacity shall be determined by utilizing the American Institute Architects' (AIA) Document A305 Contractor's Qualification Statement or its equivalent. In addition, construction contracts of $3,000,000 or less (which may be reserved for limited competition amongst CSBEs) will be classified into one of the three Contracting Participation Levels based on estimated project cost. The three Contracting Participation Levels are:
1. Level >>I<<.............$0 to $500,000
2. Level II ....................$500,000 to $1,000,000
3. Level III .................>>greater than<< $1,000,000[[ - $3,000,000]]
Prime contracts with estimated project construction cost in excess of $3,000,000 shall be "open market" contracts which all firms can bid on.
>>CSBEs prequalified in one Contracting Participation Level may not bid on a Set-Aside Contract whose estimated cost falls within a lower Contracting Participation Level (e.g., a CSBE classified in Level III may not bid on Set-Aside Contracts whose estimated cost falls within Level II or I). CSBEs can bid on Set-Aside Contracts whose estimated cost exceeds the limits of the Contracting Participation Level in which they are classified (e.g., a Level I CSBE can bid on Set-Aside Contracts whose estimated cost falls within Level II or III).<<
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(3) Program Components:
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B. Dade County Community Small Business Enterprise (CSBE) Program:
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6. Subcontractor goals:
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Bid documents shall allow bidders to challenge or protest a subcontractor goal established under this section by submitting no later than [[the time of ]] >>ten (10) business days prior to the scheduled<< bid [[submission]]>>opening date<< the reasons for such challenge or protest in writing to the department responsible for the contract. Challenges or protests to a CSBE subcontractor goal by bidders after the time [[of bid submission]] >>specified in the preceding sentence<< shall not be heard by the County Commission or Public Health Trust.
7. Contract Measures:

a. Contract Set-Asides:
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The three (3) Contracting Participation Levels are:
1. Level I .................$500,000
2. Level II ................$500,000 - $1,000,000
3. Level III ..............>>greater than<< $1,000,000 [[ - $3,000,000]]
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CSBEs prequalified in one bonding capacity (e.g., those in bonding capacity Level III) may not bid on a lower Level prime County contract Set-Aside for CSBEs (e.g., a $300,000 project which falls into Level I). >>However, a CSBE prequalified in a lower Level may bid on contracts whose estimated cost falls within a higher Level (e.g., a Level I CSBE may bid on a Level II or III contract).<<
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c. Bid preference: A contractor bidding On a competitively bid prime county construction Contract which is not Set-Aside for competition solely amongst CSBEs shall be entitled to a Program Incentive [[equal]] >>of up<< to two percent (2%) of such contractor's bid price (for evaluation purposes only) for participation in the Worker Training Program or the Mentor-Prot�g� Program. >>The County Manager shall establish a sliding scale which provides the extent of preference given a contractor hereunder.<< In no event shall the cumulative effect of the bid preference hereunder, exceed 2% of such contractor's bid price.
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(4) Certification Requirements:
The County Manager shall implement eligibility criteria and procedures for entities to be certified as CSBEs based on regulations outlined in this Ordinance. Firms exceeding size limits established hereunder and under Appendix A of this Ordinance are not eligible for contract measures or participation in these programs.
1. The Department of Business Development shall maintain and publish at least every other week an updated list of CSBEs, identifying each listed CSBE based on [[the]] >>each<< SIC category and [[the]] >>each<< Specialty Trade the CSBE is certified in, and noting what Contracting Participation Level the firm is classified in.
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Section 2. If any section, subsection, sentence, clause or this ordinance is held invalid, the remainder of this ordinance shall not be affected thereby.
Section 3. This ordinance does not contain a sunset provision.
Section 4. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Metropolitan Dade County, Florida. The section of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," or "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 and shall be applicable to all contracts advertised, or on which bids are waived, after such date.
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 shall remain unchanged.