Broward County Commission Regular Meeting
Director's Name: Andrew J. Meyers
Department: County Attorney
Information
Requested Action
title
MOTION TO ADOPT Resolution directing the County Administrator to publish Notice of Public Hearing to be held on December 10, 2024, at 10:00 a.m., in Room 422 of Governmental Center East 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 COUNTY BUSINESS ENTERPRISE (“CBE”) AND SMALL BUSINESS ENTERPRISE (“SBE”) GOALS AND RESERVES UNDER THE BROWARD COUNTY BUSINESS OPPORTUNITY ACT; AMENDING VARIOUS SECTIONS OF CHAPTER 1 OF THE BROWARD COUNTY CODE OF ORDINANCES (“CODE”); AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.
(Sponsored by the Board of County Commissioners)
body
Why Action is Necessary
The proposed Ordinance was prepared by the County Attorney’s Office as directed by the Board of County Commissioners (“Board”) on June 18, 2024.
What Action Accomplishes
Enables the setting of a public hearing during which the Board may consider enacting the proposed Ordinance.
Goal Related Icon(s)
☐County Commission
☐Go Green
☐MAP Broward
Previous Action Taken
Summary Explanation/Background
The proposed Ordinance is the first of what is expected to be a series of proposed revisions to the Broward County Business Opportunity Act (“Act”). This proposed amendment would authorize the Office of Economic and Small Business Development (“OESBD”) Director to waive or modify County Business Enterprise (“CBE”) goals (for example, if there are no registered CBEs capable of performing the work) upon written recommendation to the Board and no objection by a County Commissioner within five business days. Currently, any CBE goal lower than 25% requires formal Board approval of the modification. County staff proposes the change to expedite procurement solicitation and contracting where CBE goal modifications are appropriate.
The proposed Ordinance would also permit CBEs and entities that are not certified under the Act (“noncertified entities”) to respond to solicitations for SBE reserves, but provides that a CBE would only be awarded an SBE reserve if there is no response from a responsive and responsible SBE and that a noncertified entity would only be awarded if there is no response from a responsive and responsible SBE or CBE. County staff intends this change to expedite procurements initially solicited as SBE reserves by allowing award to a responsive and responsible CBE or noncertified entity where there are no responsive and responsible SBEs.
Finally, the proposed Ordinance requires that (1) reserve contracts must provide that at least 85% of the work be performed by CBEs (for CBE reserves awarded to CBEs) or SBEs (for SBE reserves awarded to SBEs), and (2) SBE reserve contracts awarded to noncertified entities include a 25% CBE goal.
Source of Additional Information
Sandy Steed, Assistant County Attorney, 954-357-7600
Fiscal Impact
Fiscal Impact/Cost Summary
Fiscal Impact Statement by the Office of Management and Budget is attached as Exhibit 4.