To be certified as a JSEB, an individual owner must meet the following criteria:
(1) Either reside currently in Duval County for a minimum twelve consecutive month period immediately preceding the JSEB application date or have an established business with a principal place of business in Duval County for a minimum eighteen (18) month consecutive period and reside in Duval, St. Johns, Nassau, Baker, or Clay County for one year total within the five County area;
(2) Have a personal net worth, excluding personal residence, that is equal to or less than $1,320,000, such personal net worth to include business value and assets (measured as book value), ownership in other businesses, and all other assets personally owned or held in trust for the individual owner's benefit; provided, however, that, notwithstanding personal net worth, certification hereunder shall require that annual gross receipts, averaged over the immediately preceding three-year period, not exceed $12,000,000. The averaged annual gross receipts and personal net worth maximum threshold amounts shall be subject to annual analysis by the JSEB Administrator and reviewed by the JSEB Monitoring Committee.
(3) Have not been in the program for a total of more than 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, provided, however, that participation may be increased by two one-year periods for good cause as determined by the JSEB Administrator;
(4) Own and control at least 51 percent of the business entity being certified;
(5) Own any license required by local, state, or federal law;
(6) Have expertise normally required by the industry for the field for which certification is sought;
(7) Be a for-profit small business concern;
(8) Not be a front, broker, or pass-through as defined in Subpart A of this Chapter;
(9) Perform a commercially useful function typical of the field for which certification is granted;
(10) Not be controlled or operate as front by non-JSEB family, former or present employers. Familial relationships where capital is provided for the business will be subject to scrutiny and possible rejection;
(11) The JSEB owner(s) contributions of capital or expertise to acquire the ownership interest must be real and substantial; and
(12) Be a business, including a sole proprietorship, partnership, corporation, limited liability company, or any other business or professional entity:
(i) Which business is at least 51 percent owned by one or more individuals who have held such ownership interests for at least one year and who have each met the criterion in paragraph (c)(1) provided that such business has been in existence for at least one year; and
(ii) In the case of a publicly owned business, at least 51 percent of all classes of the stock of which is owned by one or more of such persons each of whom meets the personal net worth criteria set forth above; and
(iii) Be a citizen or lawfully admitted permanent resident of the United States and be compliant with the residency requirements of this Program.
(d) Only a firm that is managed and controlled by a JSEB person(s) may be certified under this Program. The JSEB owner(s) must actually exercise control over the firm's operations, work, management and policy. Indicia of such control are set forth below.
(1) A firm must not be subject to any formal or informal restrictions that limit the customary discretion of such owner(s). There can be no restrictions through corporate charter provisions, by-law provisions, contracts or any other formal or informal devices that prevent the JSEB owner(s), without the cooperation or vote of a non-qualifying person or entity from making any business decision of the firm.
(2) The JSEB owner(s) may delegate various areas of the management or daily operations of the firm to persons who would not qualify to be JSEBs only if such delegation is typical in the industry for such businesses. Such delegations of authority must be revocable, and the JSEB must retain the power to hire and fire any such person. The JSEB owner must have an overall understanding of, and managerial and technical competence, experience and expertise, directly related to the firm's operations and work.
(3) The JSEB owner cannot engage in outside employment or other business interests that conflicts with the management of the firm or prevents the owner from devoting sufficient time and attention to the affairs of the firm 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 firm may be certified as a JSEB. An independent firm is one whose viability does not depend on its relationship with another firm. Recognition of an applicant as a separate entity for tax or corporate purposes is not necessarily sufficient to demonstrate that a firm is independent. In determining whether an applicant is an independent business, the JSEB Administrator will:
(1) Scrutinize relationships with non-JSEBs in such areas as personnel, facilities, equipment, financial and/or bonding support, and other resources.
(2) Consider whether present or recent family, or employer/employee relationships between the JSEB owner(s) of the applicant compromise the applicant's independence.
(3) Examine the applicant's relationships with non-JSEB prime contractors to determine whether a pattern of exclusive or primary dealings with a prime contractor compromises the applicant's independence.
(4) Consider the consistency of relationships between the applicant and non-JSEBs with normal industry practices.
(5) An owner shall be certified only for specific types of work for which the owner(s) has the ability and expertise to manage and control the firm's operations and work.