OUR MISSION
The mission of the City’s Local Minority Business Enterprise and Local
Small Business Enterprise Program is to provide excellent customer
service to local minority and local small business enterprises and
City staff to promote maximum City spending with and diversification
of goods and services provided by these businesses. To develop and
administer programs which proactively promote the success of minority
business and small business enterprises in the marketplace and
start-ups, retention and expansion within the corporate City limits of
Hollywood, FL, thereby increasing revenues and enhancing the City’s
quality of life.
PROGRAM
OVERVIEW
The Hollywood City Commission enacted
Ordinance 38.92 to establish the Local Minority Business Enterprise
and Local Small Business Enterprise Program to help ensure the success
of its local minority and local small business enterprises.
The City recognizes that proactive steps must be taken to help ensure
that local minority and local small business enterprises thrive and
continue to benefit our community economically and socially. The
program goals are to maximize the City’s and its contractors spending
with its qualified local minority business and qualified local small
business enterprises; to increase the diversity of businesses with
which the City procures goods and services so that the pool of
businesses is representative of the business community at large; to
promote local business start-ups, retention and expansion and to
provide business services that strengthen the local business base. The
City will commit the necessary time and resources, both financial and
human, to achieve its program goals.
PROGRAM BENEFITS
Businesses qualified to participate in the Local Minority Business
Enterprise and Local Small Business Enterprise Program are provided
increased opportunities to do business with the City of Hollywood as
prime contractors, subcontractors and material suppliers. Other
benefits include the following:
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Technical Assistance
-
Invitations to attend
business workshops and conferences
-
Notification of the
City’s current bid opportunities
-
Business name and
designated goods and services listed in the City’s Local Minority
Business Enterprise and Local Small Business Enterprise Internet
Directory
-
Increased opportunities
to subcontract with the City’s Prime Contractors
-
Opportunities to
compete with other local qualified businesses to provide the City
with needed goods and services.
The City will
continually seek to provide services, program enhancements and
procurement opportunities to help ensure the success of its qualified
local minority and qualified local small businesses.
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SET-ASIDE
PROGRAM
The Set-Aside Program helps ensure City dollars continue to remain
within and benefit the local economy. The program allows the City to
designate procurement opportunities for competition only between
qualified local minority and qualified local small businesses.
When at least three qualified local businesses can compete for
procurement opportunities in the categories and within the estimated
costs listed below, the City can set-aside the procurement
opportunity for competition only between qualified local businesses.
|
Category |
Estimated Costs |
| Construction |
$ 200,000 or less |
| Professional
Services |
$ 100,000 or less |
| Goods and
Non-Professional Services |
$
25,000 – $ 200,000 |
When the City needs
goods and non-professional services with an estimated cost between
$3,000 and $24,999, the Business Enterprise Coordinator will try to
identify qualified local minority and qualified local small businesses
to participate in the bidding process. If at least three qualified
local businesses can compete, the procurement opportunity will be
set-aside for competition between only qualified local businesses.
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WAIVER OF
PERFORMANCE AND PAYMENT BONDS
The City reserves the right to waive the requirement for payment
bonds and performance bonds on City construction projects estimated
to cost up to $200,000. When the City waives the requirement for a
business to provide a payment bond and/or performance bond, ten
percent (10%) of each approved request for payment by the qualified
local minority business and qualified local small business enterprise
shall be retained by the City until 50% completion of the
construction project, after which the retained amount may be reduced
to 5% of each approved request for payment until the construction
project is completed.
The qualified local minority business and qualified local small
business must provide written documentation showing in detail all
amounts then due and unpaid relevant to the project. The qualified
local business must also provide written documentation of all amounts
due and unpaid by its subcontractors for services provided and
material suppliers for materials, equipment or supplies delivered to
the site of work during the period covered by the payment under
consideration.
Prior to final payment, the qualified local minority business and
qualified local small business enterprise shall submit to the City a
sworn affidavit that all of its bills for labor, services, materials
and subcontractors have been paid and that there are no suits pending
in connection with work provided under the contract, and waivers from
all material suppliers and subcontractors in accordance to and as
defined by Section 713.01, Florida Statutes, attesting they have no
claims against the qualified local business resulting from completion
of work provided under the contract for the construction project.
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$10,000
THRESHOLD POLICY
The $10,000 Threshold Policy allows City employees to waive the
competitive bidding requirement for the first time order with a
qualified local minority business or qualified local small business
enterprise for any procurement opportunity costing $10,000 or less.
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CONTRACTORS USE
OF QUALIFIED LOCAL BUSINESSES
The City strongly encourages its Contractors to maximize the use of
its qualified local minority business and qualified local small
business enterprises on each City project. To be responsive in the
bid or proposal submittal, the bidder or proposer shall either
maximize the use of qualified local minority business and/or
qualified local small business enterprises on each City project or be
able to verify, through documentation that good faith efforts were
engaged to maximize the use of qualified local minority business
and/or qualified local small business enterprises.
Documentation of good faith efforts shall be submitted in the sealed
bid or proposal packet on the date and at the time due for the
respective bid or proposal submittal.
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ADMINISTRATIVE
RECONSIDERATION
If the City determines that the apparent successful bidder or
proposer has failed to meet the criteria of the Local Minority
Business Enterprise and Local Small Business Enterprise Program, the
Bidder’s bid or Proposer’s proposal will be deemed non-responsive and
recommended for rejection from the procurement process.
Before awarding the contract, the City will provide the bidder and
proposer the opportunity for Administrative Reconsideration which
affords the bidder and proposer the opportunity to demonstrate how
its bid or proposal met the program criteria.
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DESIGN-BUILD
REQUIREMENTS
The City of Hollywood strongly encourages the use of its qualified
local minority business and qualified local small businesses on each
City design-build project. The bidder and proposer should seek to
maximize the use of qualified local minority business and qualified
local small business enterprises as design build-team members on the
design phase and as subcontractors and material suppliers on the
construction phase of the project.
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CONTRACTOR
COMMITMENT
The City of Hollywood awards contracts with subsequent projects that
are not currently assigned to the Contractor. In such instances, the
contractor shall commit to maximizing the use of qualified local
minority business and/or qualified local small business enterprises
on each supplement project or assignment engaged during the life of
the agreement or contract for the service.
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RFP BONUS
POINTS
The City of Hollywood strongly encourages the use of qualified local
minority businesses and qualified local small businesses on all City
projects. Contractors can increase their opportunity to be awarded a
City contract by earning additional bonus points when the use of
qualified local minority businesses and qualified local small
business enterprises are maximized in Request for Proposal
solicitations.
The “Total Qualified Local Business Participation” shall be the
percentage of the total contract/dollar amount that will be completed
by qualified local minority business and/or qualified local small
business enterprises. The “Total Qualified Local Business
Participation” percentage is non-cumulative; however, one or more
qualified local businesses can comprise the “Total Qualified Local
Business Participation” percentage. The “Percentage of Total Bonus
Points Awarded of Maximum Allowable Points” is non-cumulative and is
the percentage of points to be awarded to the Bidder or Proposer
based on the “Total Qualified Local Business Participation.” The
bonus points will be allocated as follows.
|
Total Qualified Local Business
Participation |
Percentage of Total Bonus Points
Awarded of Maximum Allowable Points |
| 15% |
2% |
| 16%-25% |
4% |
| 26%-35% |
6% |
| 36%-45% |
8% |
| 46% and above |
10% |
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PROGRAM
QUALIFICATION
The City will qualify both minority and small businesses located
within the corporate limits of the City of Hollywood, Florida which
make application and provide sufficient documentation to verify
eligibility to participate in the City’s Local Minority Business
Enterprise and Local Small Business Enterprise Program in accordance
with the program criteria.
-
All applicants must
submit the following documentation as appropriate:
-
A completed Local
Minority Business Enterprise and Local Small Business Enterprise
Program application.
-
Commodity code sheet
indicating goods and/or services your business is capable of
providing to the City of Hollywood.
-
A completed W-9 Form
-
Current certificates of
insurance.
-
Copies of all licenses
to do business in Florida and the City of Hollywood.
-
Copies of prior three
(3) years federal income tax returns, including all schedules and
last three years’ financial statements prepared by an independent
CPA or Accountant, if applicable. If in business for less than
three (3) years, a personal tax return shall be required.
-
Documentation that
business is domiciled within the corporate limits of Hollywood,
FL (i.e. occupational license, utility bill, lease/rental
agreement, property tax receipt).
-
Additional information
will be requested as deemed necessary. Failure to provide the
additional information shall deem the application incomplete.
Upon the application being deemed incomplete, the business owner
or designee has 30 days to remit the requested information. If
the information is not received within 30 days of the initial
request, the application will not be considered for approval.
-
Incomplete applications
will not be approved for program participation. Within thirty
(30) days following the initial receipt of the application, the
Business Enterprise Coordinator will request the applicant to
furnish omitted items or additional information. If the requested
information or items are not received by the Business Enterprise
Coordinator within thirty (30) days from the date of request, the
application is considered abandoned and will receive no further
review.
-
The business must have
operated as a minority business enterprise or small business
enterprise within the corporate City limits of Hollywood, FL at
least six (6) months prior to making application to participate
in the program.
-
All eligible applicants
for the Local MBE/SBE Program shall be required to attend Program
Orientation. The purpose of the orientation is to provide an
overview of the City’s Local MBE/SBE Program and to educate
applicants about the City’s policies and procedures for doing
business with the City.
-
Once the eligible
business completes Program Orientation, the business will be
qualified to participate in the Local MBE/SBE Program and will
receive a qualification letter and/or certificate specifying the
business status and the three year qualification period.
-
All businesses
qualified to participate in the City’s Local MBE/SBE Program will
remain qualified to participate in the Program for three
consecutive years from the date of qualification. This three year
qualification period allows the minority and small businesses to
grow and/or expand through programs, training and procurement
opportunities. The three year qualification period also reduces
the business’ administrative burden.
-
If during the
qualification period, a qualified local minority business or
qualified local small business enterprise experiences a change in
ownership, employment, control or location, it shall be the
responsibility of the qualified local minority business
enterprise or qualified local small business enterprise owner to
report said changes to the Business Enterprise Coordinator within
30 days of such change. Failure to report said changes may result
in revocation of qualification or denial of re-qualification for
a period not to exceed one (1) year.
-
If a local business
that is denied qualification or re-qualification due to the
business’ failure to meet the program qualification or
Re-qualification Affidavit requirements, the business may reapply
to the Business Enterprise Coordinator one (1) year after receipt
of the notice of denial or revocation.
-
Any individual or
entity that engages in fraud, misrepresentation, or other
wrongful conduct, whether by act or omission related to its
participation in or eligibility to participate in the City’s
Local MBE/SBE Program or in the performance of its obligation as
a qualified local minority business enterprise or qualified local
small business enterprise under a City contract, shall be in
violation of the Program. This determination shall be solely at
the decision of the City.
-
Violators of the City’s
Local MBE/SBE Program may be subject to, on an individual and/or
entity basis, termination from the City’s Local MBE/SBE Program
and the debarment or suspension from participating in the City’s
contracts in accordance with the City of Hollywood’s Debarment
and Suspension Policy.
-
Payment of all
appropriate license taxes and other appropriate fees as required
by the City of Hollywood to operate as a legitimate business
enterprise is required prior to qualifying a business to
participate in the Local MBE/SBE Program. If a business owner has
any questions regarding the fees and/or taxes required to be
paid, contact the Business Enterprise Coordinator at (954)
921-3010 for assistance.
-
When a business can
provide additional goods and services to the City and would like
the goods and/or services added to its file, the business owner
must provide a letter on the business’ letterhead listing the
additional categories and/or specialties to be added. The
business must also provide sufficient documentation to verify
that it has the capacity, knowledge, skills and abilities to
provide the additional goods, services and/or specialties.
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RE-QUALIFICATION
-
Various business
resource providers (Small Business Development Centers, Service
Core of Retired Executives (SCORE), Chambers of Commerce, City
and County Minority and Small Business Programs, etc.)
administer no cost or moderate cost educational programs
designed to enhance the ability of small and/or minority
business enterprises to successfully operate which may reduce
business failures. To be re-qualified as a qualified local
minority business enterprise or qualified local small business
enterprise for any subsequent three year period, at least 60
days prior to the expiration of the business’ qualification
period, the qualified local minority business enterprise and
qualified local small business enterprise owner shall submit
documentation to verify that a principal or management designee
completed at least two business training courses each year for
a total of at least six business courses during the three year
period.
-
At least 60 days prior
to the expiration of the business’ qualification, the business
owner shall also submit a completed Re-Qualification Affidavit
to the Business Enterprise Coordinator for evaluation.
-
The Business Enterprise
Coordinator will evaluate the information provided in the
Re-qualification Affidavit and the education program
documentation to determine whether a business remains eligible
to participate in the Local MBE/SBE Program. If the business
continues to meet the criteria to remain in the program, the
business will be duly notified and issued another qualification
certificate for an additional three year period.
-
If the business owner
does not submit the required Re-qualification Affidavit as
required above, the business will be terminated and will be no
longer be eligible to participate in the City’s Local MBE/SBE
Program until such documentation is submitted and evaluated to
determine if the business continues to meet the program
eligibility criteria for this part. The business will be duly
notified; and
-
If a qualified local
business enterprise is denied re-qualification due to the
business’ failure to meet the education program requirements,
the business will be terminated and will no longer be eligible
to participate in the City’s Local MBE/SBE Program. The
business may reapply to participate in the program by
submitting required documentation to verify completion of the
education program requirement to the Business Enterprise
Coordinator. The business will be duly notified.
-
The qualified local
minority business or qualified local small business enterprise
will be reconsidered for re-qualification upon completion and
submission of the required documentation. After evaluation of
the completed Re-qualification Affidavit and education program
information, the business will be duly notified if the business
continues to meet the program eligibility criteria. If the
business does not meet the program eligibility criteria, the
business’ participation in the program will be terminated and
the business will be duly notified.
The aforementioned
process shall continue until the qualified local minority business or
qualified local small business either graduates from the program,
submits or neglects to submit the Re-qualification Affidavit and
education program documentation within the established timeframe. In
any year that a business seeks to continue participation in the program
and submits a Re-qualification Affidavit that no longer meets the
criteria for program participation or if the business does not submit
the completed Re-qualification Affidavit and education program
documentation in the established timeframe, its participation in the
program will be terminated. Upon such termination, the business will be
duly notified.
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CONTACT
INFORMATION
Program applications and any additional information should be
mailed to:
City of Hollywood
Department of Business and Economic Development
c/o Local MBE/SBE Program
P.O. Box 229045
Hollywood, FL 33022-9045
Phone: (954) 921-3388
Fax: (954) 921-3497
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MINORITY
BUSINESS AND SMALL BUSINESS CERTIFICATION
All businesses must be qualified in accordance with the City’s
Local MBE/SBE Program criteria to participate in the City’s
Local MBE/SBE Program. The City will also recognize and accept
MBE/SBE certifications issued to qualified local minority
business and qualified local small business enterprises by
governmental entities of the State of Florida who have
certified minority and/or small business enterprises in
accordance with an established program. In addition, the City
will accept certifications of qualified local minority business
and qualified local small business enterprises that have been
received from the United States Government and any other
governmental body in the United States which has an established
certification program. The certifications of businesses that
participate in the program will be considered based on Federal,
State or other governmental body requirements. Qualified local
minority business and qualified local small business
enterprises that have been duly certified by a federal, state
or other governmental body should submit a copy of such
certification with the program application.
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PROGRAM
GRADUATION
At such time as a business exceeds the established small
business net worth size standard and the established criteria
for program participation, the business’ qualification shall
cease and the business shall no longer be eligible to
participate in the Program. The business will be duly notified
of its termination from the Local MBE/SBE Program.
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PROGRAM
ENFORCEMENT
-
Any individual or
entity that engages in fraud, misrepresentation, or other
wrongful conduct, whether by act or omission, related to its
participation in or eligibility to participate in the City’s
Local Minority Business Enterprise and Local Small Business
Enterprise Program or in the performance of its qualified
local minority business enterprise and/or qualified local
small business enterprise obligation under a City contract,
shall be in violation of the Program. This determination
shall be solely at the decision of the City.
-
Violators of the City’s
Local Minority Business Enterprise and Local Small Business
Enterprise Program may be subject to, on an individual and/or
entity basis, the debarment or suspension from participating
in the City’s contracts in accordance with the City of
Hollywood’s Debarment and Suspension Policy. Upon request,
Contractors shall furnish all information and reports
required by the Procurement Services Director or designee
and/or Business Enterprise Coordinator and shall permit
access to the books, records, and accounts of the Contractor
during normal business hours by the Procurement Services
Director or designee and/or Business Enterprise Coordinator
for the purpose of investigation as to ascertain compliance
with the City’s Local Minority and Local Small Business
Program.
-
The Business Enterprise
Coordinator may tour job site and make recommendations for
corrective actions, if necessary, as a result of the visit.
- The
Business Enterprise Coordinator may interview employees of
contractor and subcontractors for compliance with bid
requirements and Local MBE/SBE Program policies and
procedures.
- The
Business Enterprise Coordinator may hold an exit conference
at the end of a project with the contractor’s MBE/SBE Liaison
Officer or contractor’s designee. Recommendations for
corrective action to be taken will be made as needed.
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SITE VISITS DUE
TO NON-COMPLIANCE
-
If it is determined
that the Contractor is in non-compliance, the Business
Enterprise Coordinator will notify the Contractor within
ten (10) days of the site visit and identify the
deficiencies found and the required corrective action that
should be taken to remedy the deficiencies within a
specific time period.
-
Before the Contractor
can be found to be in compliance, he/she must make a
specific commitment, in writing, to correct the
deficiencies. The specific commitment must include the
precise action to be taken and the date for completion.
-
Upon receipt of the
written commitment from the Contractor, the Business
Enterprise Coordinator will notify the Contractor in
writing with ten (10) days of acceptability of the
Contractor’s written commitment. The Contractor shall be
notified that making such commitments do not preclude
future determinations of non-compliance based on a finding
that the commitments were not faithfully performed.
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PAYMENT
Prompt Payment - City of Hollywood
The City shall
make every effort to pay all payments accruing to a
qualified local minority business enterprise and a
qualified local small business enterprise within thirty
(30) days of receipt and approval of invoice from the
business to the City except when there are documented
reasons that payment should not be made.
Prompt Payment
- Contractors
-
Upon contract award,
the City of Hollywood does not count the participation of
the qualified local MBE/SBE Subcontractor or qualified
local MBE/SBE Material Supplier toward the Prime
Contractor’s qualified local MBE/SBE achievement or its
overall goal until the amount being counted toward the
achievement or goal has been paid to the qualified Local
MBE/SBE. The Contractor shall submit to the City of
Hollywood the “Subcontractor and Material Supplier
Payment Certification” form provided by the City to
validate payment to the qualified Local MBE/SBE and the
amount of the qualified local MBE/SBE achievement/goal
achieved to date. The form must be complete and notarized
by all appropriate parties. Failure to truthfully certify
payments to Subcontractors and Material Suppliers shall
result in no further payments to the Contractor.
-
Records of progress
payments made by Prime Contractors to qualified local
MBEs/SBEs Subcontractors and/or Material Suppliers are
required at least on a monthly basis. However,
information can be submitted more frequently than
monthly.
-
Payment may be withheld by the City due to failure by the
Contractor to comply with the Specification, because
unacceptable equipment or Materials were delivered as
determined by the City’s inspection or failure by the
Contractor to comply with this “Prompt Payment: Late
Payments by Contractors to Subcontractors and Material
Suppliers; Penalty” clause. The City shall notify the
Contractor of any unsatisfactory performance or
non-compliance with the “Late Payments by Contractors to
Subcontractors and Material Suppliers” clause as soon as
practical so that it can be corrected without delaying
payment if possible.
Prompt Payment
- Late Payments by Contractors to Subcontractors and Materials
Suppliers: Penalty
When a Contractor receives
from the City of Hollywood any payment for contractual services,
commodities, materials, supplies or construction contracts, the
Contractor shall pay such monies received to each Subcontractor and
Material Supplier in proportion to the percentage of Work completed by
each Subcontractor or materials supplied by each Material Supplier at
the time of receipt. If the Contractor receives less than full payment,
then the Contractor shall be required to disburse only the funds
received on a pro rata basis with the Subcontractors and Material
Suppliers each receiving a prorated portion based on the amount due on
the payment.
NOTE: If the Contractor without reasonable
cause fails to make payments required by this section to Subcontractors
and Material Suppliers within 15 working days after the receipt by the
Contractor of full or partial payment, the Contractor shall pay to the
Subcontractors and Material Suppliers a penalty in the amount of 1
percent of the amount due, per month, from the expiration of the period
allowed herein for payment. Such penalty shall be in addition to the
actual payments owed.
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Prompt
Return of Retainer
Retainage is also subject to
this prompt payment requirement and must be returned to the
Subcontractor or Material Supplier whose Work has been completed, even
if the Prime Contract has not been completed. The Prime Contractor
shall include the above obligation in each subcontract it signs with a
Subcontractor or Material Supplier.
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DEFINITIONS
The following words defined in this section shall have
the meaning set forth below whenever they appear in this
chapter:
-
Commercially Useful
Function – shall exist when the Local MBE/SBE is
responsible for execution of the work for the contract
and is carrying out the responsibilities by actually
performing, managing and supervising the work involved.
The Local MBE/SBE must also be responsible, with
respect to materials and supplies used on the contract,
for negotiating price, determining quality and
quantity, and ordering the material, and installing. A
commercially useful function is not performed if the
role of the qualified Local MBE/SBE is that of an extra
participant in a transaction, contract, or project
through which funds are passed in order to obtain the
appearance of qualified local MBE or qualified local
SBE participation.
-
Contract – shall
mean a legal agreement prepared by the City duly
executed between the City and a business, naming the
terms and obligations of a business transaction.
-
Contractor –
shall mean a person or firm who is qualified and
responsible for the entire project contracted.
-
Subcontractor – shall mean a person or firm who
performs any part or parts of the contracted work of
the general contractor, including labor, or providing
materials and/or supplies required for the performance
of the contract.
-
Control – shall mean having the primary power,
direct or indirect to influence the management of a
business enterprise. The controlling party must have
the demonstrable ability to make independent and
unilateral business decisions which may influence and
chart the future course of the business.
-
Local Business – shall mean a business which is
duly licensed and authorized to engage in business at
issue and which maintains a permanent place of
operation with full time personnel within the corporate
limits of the City of Hollywood, FL. A Post Office
(P.O.) Box shall not be sufficient to constitute a
“local business.” The business has the burden of
demonstrating that it meets this definition.
-
Minority Business Enterprise – shall mean a
currently functioning business enterprise which (a) is
an independent for-profit business concern that is at
least 51% owned by minority group member(s); (b)
independently operated and controlled by the minority
group member(s); (c) demonstrates the capability (i.e.
expertise, employees, equipment, facilities, supplies,
etc.) to perform a line of business; (d) provides a
commercially useful business function; and (e) is
qualified to participate in the City’s Local MBE/SBE
Program.
-
Minority – A person who is a citizen or lawful
permanent resident of the United States and who is a
Woman, Black American, Hispanic American, Native
American, Asian-Pacific American, Subcontinent Asian
American or other minorities found to be disadvantaged
by the SBA.
-
Small Business Enterprise – shall mean a shall mean
a currently functioning business enterprise which (a)
is an independent for-profit business concern that is
at least 51% owned by a non-minority group member(s);
(b) independently operated and controlled by the
non-minority group member(s); (c) demonstrates the
capability (i.e. expertise, employees, equipment,
facilities, supplies, etc.) to perform a line of
business; (d) provides a commercially useful business
function; and (e) is qualified to participate in the
City’s Local MBE/SBE Program.
NOTE: In the event 50% of the local business is
owned by a minority and 50% of the local business is
owned by a non-minority, the designation selected on
the Local Minority Business Enterprise and Local Small
Business Enterprise Program Application will be
accepted.
-
Small Business Net Worth Size Standard – The size
standard for a minority business enterprise and a small
business enterprise that participates in the City of
Hollywood’s Local MBE/SBE Program shall mean an
independently owned and operated business concern that
employs 50 or fewer permanent full-time employees and
whose annual net worth does not exceed $2,000,000. To
determine the net worth, the City shall consider the
most recent annual financial statement for the business
or; in the case of sole proprietorships, annual
financial statements for the business and the business
owner. The applicant must provide documentation to
demonstrate that the business employs 50 or fewer
permanent full-time employees averaged over a two year
period.
-
Race-Neutral Measure or Program – One that is, or
can be, used to assist all small businesses. Giving no
consideration to an individual’s ethnic group and/or
nationality in the procurement of goods and/or
services. Race neutrality.
-
Gender Neutral – Giving no consideration to an
individual’s gender in the procurement of goods and/or
services. Gender neutrality.
-
Good Faith Efforts – Efforts to maximize qualified
local business participation or other requirement of
this part which, by their scope, intensity, and
appropriateness to the objective, can reasonably be
expected to fulfill the program requirement.
-
Net Worth – The net value of the assets of the
business remaining after total liabilities are
deducted. To determine net worth, the City shall
consider the most recent annual financial statement for
the business or; in the case of sole proprietorships,
annual financial statements for the business and the
business owner. The applicant must provide
documentation to demonstrate that the business employs
50 or fewer permanent full time employees averaged over
a two year period.
-
Noncompliance – Means that an individual (employee,
contractor, bidder or proposer) has not correctly
implemented the requirements of this part.
-
Set-Aside – A contracting practice restricting
eligibility for the competitive award of a contract or
other competitive procurement opportunity solely to
qualified local business enterprises.
-
Direct Report – Department or Office Director that
reports directly to the City Manager.
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RACE-NEUTRAL MEANS
Race-Neutral Means include, but are not limited to, the following:
-
Arranging solicitations, times for presentation of
bids, quantities, specifications, and delivery
schedules in ways that facilitate qualification local
minority business enterprise and local small business
enterprise participation (e.g., unbundling large
contracts to make them more accessible to qualified
local minority business and qualified local small
business enterprises, requiring or encouraging prime
contractors to subcontract portions of work that they
might otherwise perform with their own forces).
-
Providing assistance in overcoming limitations such
as inability to obtain bonding or financing (e.g., by
such means as simplifying the bonding process,
reducing bonding requirements, eliminating the impact
of surety costs from bids, and providing services to
help qualified local minority business and qualified
local small business enterprises obtain bonding and
financing).
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Providing technical assistance and other services.
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Carrying out information and communication programs
on contracting procedures and specific contract
opportunities (e.g., ensuring the inclusion of
qualified local minority business and qualified local
small business enterprises on the City’s,
contractor’s, bidder’s or proposer’s mailing lists;
ensuring the dissemination to bidders on prime
contracts lists of potential subcontractors;
provision of information in languages other than
English, where appropriate);
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Implementing a supportive services program to develop
and improve immediate and long-term business
management, record keeping, and financial and
accounting capability for qualified local minority
business and qualified local small business
enterprises;
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Providing services to help qualified local minority
business and qualified local small business
enterprises improve long-term development, increasing
opportunities to participate in a variety of kinds of
work, handling increasingly significant projects, and
achieving eventual self-sufficiency.
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Establishing programs to assist new, start-up firms,
particularly in the fields in which minority
participation has been historically low.
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Ensuring distribution of the Local MBE/SBE Directory
through electronic means, to the widest feasible
universe of potential prime contractors.
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Assisting qualified local minority business and
qualified local small business enterprises to develop
their capability to use emerging technology and
conduct business through electronic media.
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INVESTIGATIONS
City employees, Contractors, Sub-recipients, Subcontractors or
Material Suppliers shall not discriminate on the basis of race, color,
national origin or sex in awarding or performance of any City contract
or procurement opportunity. Failure by any City employee to carry out
these requirements may result in administrative discipline. Failure of
any Contractors, Sub-recipients, Subcontractors or Material Suppliers
to carry out these requirements is a material breach of contract which
may result in termination of the contract or such other remedy as
deemed appropriate by the City of Hollywood.
In administering the City’s Local MBE/SBE Program, City employees,
Contractors, Sub-recipients, Subcontractors or Material Suppliers must
not directly or through contractual or other arrangements, use criteria
or methods of administration that have the effect of defeating or
substantially impairing accomplishments of the objectives of the
program with respect to individuals of a particular race, color, sex,
or national origin.
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Any
City staff found to willfully discriminates against
any business owner or other person(s) will receive
administrative discipline in accordance with the
City’s applicable “Corrective (Disciplinary)
Action” Policy HR-04-309 or as consistent with any
applicable collective bargaining agreement. City
employees shall also abide by the City’s Code of
Ethics Policy #HR-04-032 and Section 112.313
Florida Statutes in administering the City’s Local
MBE/SBE Program.
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When a business or designee files repeated
unfounded complaints of business discrimination,
the business or designee will be in violation of
the City’s Local Minority Business Enterprise and
Local Small Business Enterprise Program and the
program’s “Enforcement of the Program” will be
enforced.
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