PROGRAM ELIGIBILITY, PROCEDURES, AND OTHER REQUIREMENTS

Jacksonville Ordinance Code tit. V, ch. 126, pt. 6, subpt. D

in effect

Jacksonville Ordinance Code § 126.613 Jacksonville Small and Emerging Businesses certification criteria.

Sec. 126.613. - Jacksonville Small and Emerging Businesses certification criteria. (a) Each JSEB must provide financial statements prepared by a certified public accountant and participate in one or more training, education, or mentoring programs during each 36-month period commencing from the certification date and provide evidence of such to the JSEB Administrator. (b) A business may not be in the program for a total of more than 15 years from the date of the JSEB's first contract as a prime contractor of the City or as a subcontractor retained by a prime contractor of the City, whichever is earlier, provided, however, that participation may be increased by two one-year periods for good cause as determined by the JSEB Administrator. (c) To be certified as a JSEB, (1) A for-profit small business must meet the following criteria: a. The business must be a for-profit small business concern, including, but not limited to, a sole proprietorship, partnership, corporation, or limited liability company; b. The business must have annual gross revenue not exceeding $12,000,000. For a business in existence for one to three years, the annual gross revenue shall be the average of the preceding year(s). For a business in existence for four years or more, the annual gross revenue shall be the average of the immediately preceding three years. The averaged annual gross revenue maximum threshold amount shall be subject to annual analysis by the JSEB Administrator and reviewed by the JSEB Monitoring Committee pursuant to Section 126.607 herein; c. The business must be managed and controlled by a JSEB eligible person(s). As used in this Part, a JSEB eligible person means, a person with an ownership of at least 51 percent of the business being certified, and who, 1. Meets the residency requirements as follows: i. Is a resident of Duval County for a minimum 12 consecutive month period immediately preceding the JSEB application date, or ii. Is a resident of Duval, St. Johns, Nassau, Baker, or Clay County if the business has a principal place of business in Duval County for a minimum 18-month consecutive period immediately preceding the JSEB application date; 2. Is a citizen of the United States, or lawfully admitted permanent resident of the United States; 3. Has held such ownership interests in the business for at least one year; 4. Has made real and substantial contributions of capital or expertise to acquire the ownership interest in the business; and, 5. Has an overall understanding of, and managerial and technical competence, experience and expertise, directly related to the business operations and work. d. The business must perform a commercially useful function typical of the field for which certification is granted; e. The business must have expertise normally required by the industry for the field for which certification is sought; f. The business must have all current licenses required by local, State, or federal law, to perform the services for which certification is sought; g. The business must not be a front, broker, or pass-through as defined in Subpart A of this Chapter. Familial relationships where capital is provided for the business will be subject to scrutiny and possible rejection; h. A business must not be subject to any formal or informal restrictions that limit the customary discretion of the managing JSEB eligible person. There can be no restrictions through corporate charter provisions, by-law provisions, contracts or any other formal or informal devices that prevent the managing JSEB eligible person, without the cooperation or vote of a non-qualifying person or entity, from making any business decision of the business. i. A business must be in the business of the commercially useful function for which certification is sought for a minimum 12 consecutive month period immediately preceding the JSEB application date. This requirement is retroactive to the enactment of Ordinance 2021-117-E. Any business that was denied certification solely on the basis of not being in business for one year at the time of the application may re-apply for certification within 12 months of the effective date of this subsection as soon as the business meets the 12-month in-business requirement notwithstanding Section 126.621 (b)(5). (2) A non-profit small business must meet the following criteria: a. The business must be incorporated in the state of Florida in compliance with F.S. Ch. 617, and maintain a 501(c)(3) tax-exempt status from the IRS; b. The business must maintain an incorporation status as "active" by the Florida Department of State, Division of Corporations; c. The business must be in compliance with all applicable requirements of Florida Statutes, including, but not limited to, F.S. Ch. 496 (the Solicitation of Contributions Act, requirements for entities who solicit donations from a location in Florida or from people in Florida); d. The business must have annual gross revenue, averaged over the immediately preceding three-year period, not exceeding $2,000,000. The averaged annual gross revenue maximum threshold amount shall be subject to annual analysis by the JSEB Administrator and reviewed by the JSEB Monitoring Committee pursuant to Section 126.607 herein; e. The business has a principal place of business in Duval County for a minimum 12 consecutive month period immediately preceding the JSEB application date; f. The business must perform a commercially useful function typical of the field for which certification is granted; g. The business must have expertise normally required by the industry for the field for which certification is sought; h. The business must have all current licenses required by local, State, or federal law, to perform the services for which certification is sought; i. The business must not be a front, broker, or pass-through as defined in Subpart A of this Chapter; j. The business must not be subject to any formal or informal restrictions that limit the customary discretion of the governing board or chief executive officer; k. The business must have, and renew annually, written approval of the governing board to participate as a member of the JSEB program, subject to annual analysis by the JSEB Administrator. (d) For the purpose of this Part, business manager(s) means, as to a for-profit business: the managing JSEB eligible person(s); and, as to a non-profit business: the chief executive officer authorized by the governing board. As used in this Part, managed and controlled means that the business managers must actually exercise control over the business operations, work, management and policy. Indicia of management and control are set forth below. (1) The business managers may delegate various areas of the management or daily operations of the business to hired or appointed persons who are not JSEB eligible persons only if such delegation is typical in the industry for such businesses. Such delegations of authority must be revocable, and the business managers must retain the power to direct and discharge any such hired or appointed person. (2) The business managers cannot engage in outside employment or other business interests that conflict with the management of the JSEB business or prevents the business managers from devoting sufficient time and attention to the affairs of the JSEB business to manage and control its activities unless such activities would be appropriate with commensurate businesses, in order to avoid sham or fraudulent certifications. (e) Only an independent business may be certified as a JSEB. For the purpose of this Part, an independent business means one whose viability does not depend on its relationship with another business. Recognition of an applicant business as a separate entity for tax or corporate purposes is not necessarily sufficient to demonstrate that a business is independent. Issues to be considered to determine business independence include: (1) The extent to which the JSEB has ongoing relationships with non-JSEBs in such areas as personnel, facilities, equipment, financial and/or bonding support, and other resources. (2) The extent to which present or recent family, or employer/employee relationships between the JSEB business managers compromise the JSEB's independence. (3) The extent to which a pattern of exclusive or primary dealings with a prime contractor demonstrates compromised independence of the JSEB. (4) The consistency of relationships between the JSEB and non-JSEBs with normal industry practices. (f) A business shall be certified only for specific types of work for which the business has the capacity and expertise and the business managers have the management and control of the business operations over the type of work. (Ord. 2021-117-E, § 5; Ord. 2023-765-E, § 1; Ord. 2024-437-E, § 3; Ord. 2025-148-E, § 4; Ord. 2025-795-E, § 2)

Jacksonville Ordinance Code § 126.614 JSEB and Program eligibility.

Sec. 126.614. - JSEB and Program eligibility. (a) Only businesses that meet the criteria of the Program may be certified for participation in the Program. The applicant has the burden of persuasion. (b) The certification status of all JSEBs shall be reviewed every 36 months from the date of initial certification through a re-certification application. Failure of the business to seek re-certification by filing the necessary documentation with the EBO Office within 60 days from the date of receipt of written notification from the EBO Office may result in de-certification. (c) It is the responsibility of the JSEB to notify the JSEB Administrator of any change in its circumstances affecting its continued eligibility for the Program. Failure to do so may result in de-certification. (d) The JSEB Administrator shall decertify a business that does not meet the eligibility criteria. (e) A JSEB may receive no more than five prime contracts set aside, including prime contracts from participation goals, per year or an aggregate total prime contracts set aside per year in the amount of $4,000,000 for for-profit JSEBs or $1,000,000 for non-profit JSEBs, whichever is greater. (f) Joint ventures between JSEBs and non-JSEBs are not eligible for the Program, unless they provide structured, detailed, mentoring opportunities, proof of which shall be provided to the JSEB Administrator. (Ord. 2021-117-E, § 5; Ord. 2024-437-E, § 4; Ord. 2025-148-E, § 4; Ord. 2025-411-E, § 2)

Jacksonville Ordinance Code § 126.615 Jacksonville Small and Emerging Business Program Goals; Program Directives; Micro-business Program.

Sec. 126.615. - Jacksonville Small and Emerging Business Program Goals; Program Directives; Micro-business Program. (a) Program Goals. The JSEB Program shall be subject to the following Program Goals: (1) JSEB Contract goals. The overall small business goal is at least 20 percent, such that the City shall award at least 20 percent of total City contracts to JSEBs; provided that such awards do not violate State or federal law and provided further that there are JSEBs to perform the work. The Chief, in consultation with the JSEB Administrator, shall award at least 50 percent of the JSEB contracts through direct contracting. (2) JSEB CIP goals. The City shall identify a goal of at least 20 percent of its work in its CIP program during the annual budget submission which shall be accomplished with JSEBs, using direct contracting opportunities and subcontracting goals. (3) JSEB Project Specific Goals. The Chief upon the recommendation of the JSEB Administrator shall establish Project Specific Goal(s) based on the availability of at least normal industry practice, as determined in consultation with the user department, the availability of at least two JSEBs to perform the functions of those individual contracts and the City's utilization of such to date. Project Specific Goal(s) shall not be set on emergency contracts as defined by City Code or for purchases made in conjunction with the State although JSEBs shall be considered for such single source or emergency procurements if qualified. (b) Department Program commitments; training. The City, through each department head, shall commit in its budget to award at least 20 percent of its contracts for services, including contractual services, professional services, professional design services, construction services or other services, to JSEBs, provided, however, that such awards shall comply with local, State, and federal law and that there exist JSEBs to perform the work. To assist the City in implementing the Program requirements of this Part, the EBO Office, through the JSEB Administrator and in consultation with the Chief of Procurement shall provide annual training to department heads and division chiefs, or their designees, and applicable staff of City boards and commissions regarding the JSEB program and the requirements set forth in this Part. (c) Direct Contracting. In implementing the Program, the JSEB Administrator shall first provide opportunities for direct contracting. Such opportunities should be created by breaking procurement packages into smaller components, and separating work that requires licenses from that which does not in separate bid or proposal requests where feasible. (d) Subcontracting. Opportunities for subcontracting through City awarded non-JSEB prime contractors should be provided within vertical construction projects, with horizontal construction project opportunities being provided to the maximum extent possible by direct contracting. Nevertheless, the subcontracting opportunities shall be provided to those trades typically established as subcontractors. (e) Joint checks; Semi-monthly payments to JSEBs. The City may issue joint checks upon the request of the JSEB in order to facilitate bonding, financing, or other requirements of contracting with the City. The City shall pay JSEBs semi-monthly, upon proper payment application to the applicable City department. City departments are to perform all necessary inspections and otherwise endeavor to ensure that prompt review and as applicable approval of JSEB work is completed within four days of receipt of invoice. The City shall pay all approved invoices from JSEBs within three business days of receipt by the Finance and Administration Department. City departments shall provide monthly statements to the Director identifying the timing of JSEB payments for contracts within their departments. These statements are to be organized and provided to the Mayor, with a copy to the City's Chief Administrative Officer ("CAO"), quarterly by the Director. Prime contractors shall be obligated to pay subcontractors within three days of receipt from the City of funds, and must confirm payment to the City. Subcontractors will be notified by the City when a payment application from a prime contractor has been submitted reflecting work performed by a subcontractor. (f) Micro-business program. The JSEB Administrator shall be responsible for developing and implementing a micro-business program. The purpose of the micro-business program shall be to ensure that a micro-business JSEB has an adequate share of direct contracting and subcontracting opportunities in the Program. To qualify as a micro-business, a for-profit JSEB shall have an annual gross revenue, averaged over the immediately preceding three-year period, not exceeding $3,000,000. Such program may include participation requirements based on tiered levels of annual averaged gross revenue. The JSEB Administrator shall promulgate rules and guidelines regarding such program without further Council approval. (Ord. 2021-117-E, § 5; Ord. 2023-765-E, § 1; Ord. 2025-411-E, § 2)

Jacksonville Ordinance Code § 126.616 Contract pre-award compliance procedures.

Sec. 126.616. - Contract pre-award compliance procedures. (a) For all solicitations, the bidder/proposer shall submit a Schedule of Participation detailing all JSEB, and non-JSEB subcontractors from which the bidder/proposer solicited bids or quotations. The entities comprising the JSEB goal of at least 20 percent, or the goals as set forth supra, shall be identified, or the basis for a waiver for good faith efforts shall be provided with the bid or proposal. The lists of JSEBs posted on the City's website establishes the group from which a bidder/proposer must solicit subcontractors under this program. The Schedule of Participation shall be due at the time set out in the solicitation documents. (b) Any agreement between a bidder/proposer that prevents a JSEB from providing quotations to other bidders/proposers is prohibited. (c) Joint ventures shall only be allowed under this Program in cases that demonstrate legitimate, detailed JSEB partnerships with non-JSEBs, proof of which shall be provided to the JSEB Administrator. (d) Where the bidder/proposer cannot achieve the Project Specific Goal(s), the JSEB Administrator, will determine whether Good Faith Efforts have been made. In making this determination, the JSEB Administrator will consider, at a minimum, a matrix to determine the bidder/proposer's efforts to: (1) Solicit certified subcontractors in the scopes of work of the contract. The bidder/proposer shall provide interested JSEBs with timely, adequate information about the plans, specifications, and other such requirements of the contract to facilitate their quotation. The bidder/proposer must follow up initial solicitations with interested JSEBs. (2) Identify a portion of the work available to JSEBs consistent with the availability of qualified JSEBs. (3) Negotiate in good faith with interested JSEBs. Price sharing is prohibited in negotiations. Evidence of such negotiation includes the names, addresses, and telephone numbers of JSEBs that were contacted; a description of the information provided regarding the plans and specifications for the work selected for subcontracting; and why agreements could not be reached with them. The ability or desire of a bidder/proposer to perform the work of a contract with its own organization does not relieve it of the responsibility to make Good Faith Efforts on all scopes of work subject to subcontracting. (4) Facilitate the leasing of equipment supplies or equipment when they are of such a specialized nature that the JSEB could not readily and economically obtain them in the marketplace, where feasible. (5) Provide JSEBs with the scope of work for the project, which entails the specific work to be performed by the JSEB contractor, and a pricing proposal from the JSEB based on the specific scope of work provided. The bidder/proposer shall provide evidence in the bid documents of meeting this requirements. (Ord. 2021-117-E, § 5; Ord. 2025-148-E, § 4)

Jacksonville Ordinance Code § 126.617 Pre-award review of compliance with numerical goals, including good faith efforts.

Sec. 126.617. - Pre-award review of compliance with numerical goals, including good faith efforts. (a) The JSEB Administrator shall timely review the Schedule of Participation prior to award, including the scope of work and the letters of intent from JSEBs. The JSEB Administrator may request clarification in writing of items listed in the Schedule of Participation, provided such clarification shall not include the opportunity to augment listed JSEBs participation or Good Faith Efforts. The JSEB Administrator shall review all submittals and document the participation of each submittal. (b) If the JSEB Administrator determines that the Schedule of Participation demonstrates that the Project Specific Goal(s) have been achieved or Good Faith Efforts made, and the user department concurs, the Chief shall recommend award to the General Awards Committee. The JSEB Administrator shall verify with each JSEB that a contract in the specified amount has been awarded. (c) The JSEB Administrator may, in consultation with the Chief, promulgate Program rules to ensure equitable distribution of work by prime contractors among JSEBs that are certified to do the subcontract scope of work. (Ord. 2021-117-E, § 5)

Jacksonville Ordinance Code § 126.618 Good faith efforts in lieu of meeting Program goals.

Sec. 126.618. - Good faith efforts in lieu of meeting Program goals. For a contract with JSEB subcontracting goals, a contractor must comply by either meeting the goal or demonstrating Good Faith Efforts to achieve it that are consistent with the requirements set forth in this Part. In determining whether a bidder/proposer has made Good Faith Efforts, in lieu of achieving the stated goals, the JSEB Administrator shall consider all relevant factors, which include: (a) The ability of other bidders/proposers in meeting the Project Specific Goal(s) may be considered as follows: (1) A contact log showing the name, address, and contact number (phone or fax) used to contact the proposed JSEB certified in the scope of work, nature of work requested for quote, date of contact, person making the effort; (2) The description of work for which a quote was requested; (3) The amount of the quote given, if one was obtained; (4) The list of divisions of work not subcontracted and an explanation why not; and (5) Subcontractor information as requested by forms developed by the EBO Office. (b) For contracts other than for construction related professional services, a signed letter of intent from all listed JSEBs describing the work, materials, equipment or services to be performed or provided by JSEBs and the agreed upon dollar value shall be due with the bid documents but in no event before the expiration of 48 hours after the submission of the bid. (c) For construction related professional services contracts, the highest ranked proposer must deliver at the time of fee and contract negotiations signed letters of intent between the proposer and any JSEBs the proposer intends to use on the project. If the JSEB Administrator finds that a bidder/proposer did not make sufficient Good Faith Efforts, the JSEB Administrator shall communicate this finding to the user department and recommend that the bid/proposal be rejected. A bidder/proposer may protest this determination pursuant to the City's bid protest procedures. (Ord. 2021-117-E, § 5; Ord. 2025-411-E, § 2)

Jacksonville Ordinance Code § 126.619 Contract performance compliance procedures.

Sec. 126.619. - Contract performance compliance procedures. (a) Upon award of a contract by the City that includes Project Specific Goal(s), the prompt pay obligations in the City's contract with the prime contractor, and the contract between the prime contractor and the subcontractors and subconsultants named in response to this Act become covenants of performance by the contractor in favor of the City. (b) The contractor shall provide a listing of all JSEBs and any other subcontractors to be used in the performance of the contract, and subcontractor payment information to the City with each request for payment submitted to the City. The JSEB Administrator and the user department shall monitor subcontractor participation during the course of the contract and shall have reasonable access to all contract-related documentation held by the contractor. (c) The contractor cannot make changes to the Schedule of Participation or substitute subcontractors named in the Schedule of Participation without the Chief's prior written approval based on the Ombudsman's recommendation and JSEB Administrator's compliance review. Unauthorized changes or substitutions shall be a violation of this Chapter, and may constitute grounds for rejection of the bid or proposal or cause termination of the executed contract for breach, the withholding of payment and/or subject the contractor to contract penalties or other sanctions. (1) All requests for changes or substitutions of the subcontractors named in the Schedule of Participation shall be made to the Ombudsman with a copy to the JSEB Administrator in writing, and shall clearly and fully set forth the basis for the request. A contractor shall not substitute a subcontractor or perform the work designated for a subcontractor with its own forces unless and until the Chief approves such substitution in writing. A contractor shall not allow a substituted subcontractor to begin work until the Chief has approved the substitution based on the recommendation of the JSEB Administrator. (2) The facts supporting the request must not have been known nor reasonably should have been known by either party prior to the submission of the Schedule of Participation. Bid shopping is prohibited. The contractor must bring this dispute to the Ombudsman for resolution. (3) The Chief's final decision whether to permit or deny the proposed substitution, and the basis therefore, will be communicated to the parties in writing by the Chief, with a copy to the CAO. (4) If the City requires the substitution of a subcontractor listed in the Schedule of Participation, the contractor shall undertake Good Faith Efforts to fulfill the Schedule of Participation if the Project Specific Goals would not otherwise be met. If the Goal(s) cannot be reached and Good Faith Efforts have been made, the contractor may substitute with a non-JSEB. (d) If a Contractor plans to hire a subcontractor on any scope of work that was not previously disclosed in the Schedule of Participation, the contractor shall obtain the approval of the JSEB Administrator to modify the Schedule of Participation and must make Good Faith Efforts to ensure that JSEBs have a fair opportunity to bid on the new scope of work. (e) Changes to the scopes of work shall be documented by the user department at the time they arise, to establish the reasons for the change and the effect on achievement of the Project Specific Goal(s). (Ord. 2021-117-E, § 5)

Jacksonville Ordinance Code § 126.620 Continuing obligations of JSEBs, graduation, JSEB Prime Members and Prime Mentors.

Sec. 126.620. - Continuing obligations of JSEBs, graduation, JSEB Prime Members and Prime Mentors. A JSEB shall apply for re-certification every 36 months from the date of initial certification through a re-certification application developed by the JSEB Administrator. Failure of the JSEB to seek re-certification by filing the necessary documentation with the EBO Office within 60 days from the date of receipt of written notification from the EBO Office may result in de-certification. (a) It is the responsibility of the JSEB to notify the EBO of any changes in its circumstances affecting its continued eligibility for the Program. Failure to do so may result in the JSEB's decertification and preclusion from future participation. (b) The JSEB that no longer meets certification may be decertified at any time. (c) JSEBs that have participated in the JSEB program for a total of nine years from the date of the JSEB's first contract as a prime contractor of the City or as a subcontractor retained by a prime contractor of the City, whichever is earlier, may earn the designation JSEB Prime Member and are strongly encouraged to serve as mentors to other participants in the Program. (d) JSEBs that have participated in the JSEB program for a total of 15 years from the date of the JSEB's first contract as a prime contractor of the City or as a subcontractor retained by a prime contractor of the City, whichever is earlier, and subject to the extensions for good cause provided in Section 126.613, shall graduate from the Program. However, a JSEB Prime Member that serves as a mentor to other Program participants for at least two consecutive years immediately prior to reaching the 15-year participation limit shall be eligible for an additional term of up to nine years in the Program, designated as a "Prime Mentor." To remain eligible, a Prime Mentor must maintain Program eligibility as described in this Part and actively continue to mentor JSEB participants during the extended term. Prime Mentors are not eligible for contracts set aside including contracts from participation goals whether as prime contractor or subcontractor. (Ord. 2021-117-E, § 5; Ord. 2024-437-E, § 5; Ord. 2025-148-E, § 4; Ord. 2025-411-E, § 2)

Jacksonville Ordinance Code § 126.621 De-certification, Denial and appeal procedure.

Sec. 126.621. - De-certification, Denial and appeal procedure. (a) The JSEB Administrator may move to decertify a JSEB that repeatedly fails to honor quotations in good faith, or otherwise comply with Program requirements. (b) A business that has been denied certification or re-certification, or has been decertified, may object to the denial or de-certification as follows: (1) Within 15 days of receipt of denial of certification or re-certification, or notice of intent to decertify, the business may object to such action in writing to the JSEB Administrator. (2) Within 30 days of receipt of an objection, an informal hearing shall be held by the JSEB Administrator, at which the business may present additional facts and evidence in support of its eligibility. The JSEB Administrator may request the attendance of any witness and production of any documents from the objecting business reasonably necessary to evaluate the eligibility of the business. The business' failure to produce requested witness(es) or documents within a reasonable time may be grounds for denial of the objection. (3) The JSEB Administrator shall determine the eligibility of the business on the basis of the information available at the hearing. The JSEB Administrator's written decision shall be communicated to the business within ten days of the hearing. The decision must articulate with specificity the facts upon which the decision relies and must notify the business that the business has 15 days to appeal the decision. (4) Within 15 days of receipt of the JSEB Administrator's decision on eligibility, the business may appeal the JSEB Administrator's decision, in writing, to the Jacksonville Procurement Awards Committee. The Committee shall hold a hearing within 30 days of receipt of the written notice of appeal, and render a final decision within ten days of the hearing. The presumption that the decertified business is eligible shall remain in effect until the City renders a final decision. (5) A business denied or found to be ineligible may not apply for certification for one year after the effective date of the final decision. (c) A third party may challenge the eligibility of a business certified as a JSEB. The presumption that the challenged JSEB is eligible shall remain in effect until the City renders a final decision. A third party challenge shall be made as follows: (1) The challenge shall be made in writing to the JSEB Administrator and shall include all information relied upon by the challenging party. A challenge to the eligibility of a certified JSEB cannot be made anonymously. Such a challenge must articulate specific facts, sworn to under the penalty of perjury, that could reasonably support a finding of the ineligibility of the challenged certified JSEB. (2) The JSEB Administrator shall notify the challenged JSEB in writing of the challenge, identify the challenging party and provide the challenged JSEB with a copy of the challenge. The notice may also require the challenged business to provide the JSEB Administrator, within a reasonable time, any information reasonably necessary to permit the JSEB Administrator to evaluate the eligibility of the business. (3) Within 30 days of receipt of a challenge, an informal hearing shall be held by the JSEB Administrator, at which the challenged business may present additional facts and evidence in support of its eligibility against the written challenge as described in subsection (1). (4) The JSEB Administrator shall determine the eligibility of the business on the basis of the information available at the hearing. The JSEB Administrator's written decision shall be communicated to the challenged business within ten days of the hearing. The decision must articulate with specificity the facts upon which the decision relies and must notify the challenged business that the business has 15 days to appeal a decision of ineligibility. (5) Within 15 days of receipt of the JSEB Administrator's decision of ineligibility, the challenged business may appeal the JSEB Administrator's decision, in writing, to the Jacksonville Procurement Awards Committee. The Committee shall hold a hearing within 30 days of receipt of the written notice of appeal and render a final decision within ten days of the hearing. The presumption that the challenged business is eligible shall remain in effect until the City renders a final decision. (6) A business found to be ineligible may not apply for certification for one year after the effective date of the final decision. (7) A final decision on the eligibility of a certified JSEB challenged under this Section is not subject to appeal by a third party. (8) The same third party may not challenge the same certified JSEB within a 12-month period. (9) Any subsequent challenge by any third party must articulate specific facts, sworn to under the penalty of perjury, and such facts must be either newly discovered or not otherwise articulated in any previous failed challenge to the certified JSEB, and must reasonably support a finding of ineligibility of the challenged certified JSEB. (Ord. 2021-117-E, § 5; Ord. 2025-148-E, § 4)

Jacksonville Ordinance Code § 126.622 Other provisions of purchasing code to apply.

Sec. 126.622. - Other provisions of purchasing code to apply. Except as provided in this Part to implement the Program, the provisions of this Chapter 126, shall apply. (Ord. 2021-117-E, § 5; Ord. 2023-20-E, § 7)

Jacksonville Ordinance Code § 126.623 Counting subcontracting participation of JSEBs.

Sec. 126.623. - Counting subcontracting participation of JSEBs. (a) The entire amount of that portion of a construction subcontract that is performed by the JSEB's own forces shall be counted, including the cost of supplies and materials obtained by the JSEB for the work of the subcontract, and supplies purchased or equipment leased by the JSEB. Supplies and equipment purchased or leased by a JSEB from the prime contractor or its affiliate shall not count as JSEB participation. (b) The entire amount of fees or commissions charged by a JSEB for providing a bona fide service, such as professional, technical, consultant or managerial services, or for providing bonds or insurance specifically required for the performance of a contract shall be counted, provided the fee is reasonable and not excessive as compared with fees customarily charged for similar services. (c) If a business ceases to be a certified JSEB during a contract, the dollar value of work performed under a contract with that business after it has ceased to be certified shall be counted in the City's internal accounting. No contractor shall be penalized in any way as a result of the failure of a project to achieve its Project Specific Goals because of the operation of this Section. (d) In determining achievement of a Subcontracting Participation Goal, the participation of a JSEB shall not be counted until the amount being counted has been paid to that entity. (e) Achievement of Project Specific Goal(s) shall be evaluated following the completion of the project. (Ord. 2021-117-E, § 5; Ord. 2025-148-E, § 4)

Jacksonville Ordinance Code § 126.624 Acts which may result in expulsion from the JSEB program; fines, and criminal offenses.

Sec. 126.624. - Acts which may result in expulsion from the JSEB program; fines, and criminal offenses. (a) The following violations of this Chapter are unlawful and may be prosecuted in the County Court of the Fourth Judicial Circuit, Duval County, as Class D offenses: (1) Providing information to the City in connection with an application for or challenge to certification, re-certification or de-certification as JSEBs that the providing party knew or should have known to be false or misleading. (2) Providing information to the City in connection with submission of a bid, responses to requests for qualifications or proposals, Good Faith Efforts documentation, post-award compliance, or other Program operations that the providing party knew or should have known to be false or misleading. (3) Falsely attesting to re-certification under this program. (4) Substituting JSEB subcontractors without first receiving approval for such substitutions. (5) Submitting false documentation for payments. Prosecution under this subsection does not prohibit lawful prosecution under any other provision of law. (b) A bidder, proposer, contractor, or subcontractor is subject to withholding of payments under the contract, termination of the contract for breach, contract penalties, de-certification as a JSEB, or being barred or deemed non-responsive in future City solicitations and contracts for up to two years, if it is found to have: (1) Provided information in connection with an application for certification or re-certification that it knew or should have known to be false or misleading. (2) Provided information in connection with the submission of a bid or proposal or documentation of Good Faith Efforts, post-award compliance, or other Program operations that it knew or should have known to be false or misleading. (3) Failed in bad faith to fulfill the Subcontracting Participation Goal, thereby materially breaching the contract. (4) Repeatedly failed to comply in good faith with substantive provisions of this Chapter. (Ord. 2021-117-E, § 5; Ord. 2025-148-E, § 4)

Source: City of Jacksonville, Ordinance Code and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/fl/jacksonville/codes/code_of_ordinances?nodeId=TITVADPE_CH126PRCO_PT6JASMEMBUPR_SPDPRELPROTREFetched: 10/27/2026