Miami-Dade Legislative Item
File Number: 053519
Printable PDF Format Download Adobe Reader  

File Number: 053519 File Type: Resolution Status: Adopted
Version: 0 Reference: R-119-06 Control: County Commission
File Name: N. TERMINAL-PROCESS FOR REVIEWING CLAIMS OF CSBE CONTRACTORS Introduced: 12/22/2005
Requester: NONE Cost: Final Action: 1/24/2006
Agenda Date: 1/24/2006 Agenda Item Number: 11A41
Notes: Title: RESOLUTION DIRECTING COUNTY MANAGER TO DEVELOP A PROCESS FOR REVIEWING AND RESOLVING CLAIMS OF CSBE CONTRACTORS FOR WORK PERFORMED ON THE NORTH TERMINAL DEVELOPMENT (''NTD'') PROJECT AT MIAMI INTERNATIONAL AIRPORT (''MIA'') ON AN EXPEDITED BASIS, AND FURTHER PROVIDING THAT PRIME CONTRACTORS SUBMITTING CLAIMS FOR WORK PERFORMED ON THE NTD PROJECT BE REQUIRED TO CERTIFY THAT ANY UNPAID CLAIMS OF LOWER TIER CSBE SUBCONTRACTORS PERFORMING ANY PORTION OF THE WORK THAT IS THE SUBJECT OF SUCH CLAIM ARE INCLUDED THEREIN [SEE ORIGINAL ITEM UNDER FILE NO. 053180]
Indexes: CSBE PROGRAM
  NORTH TERMINAL
Sponsors: Barbara J. Jordan, Prime Sponsor
  Audrey M. Edmonson, Co-Sponsor
  Dorrin D. Rolle, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 1/24/2006 11A41 Adopted P

County Attorney 12/22/2005 Assigned R. A. Cuevas, Jr. 12/22/2005

Regional Transportation Committee 12/15/2005 2A Amended Forwarded to BCC with a favorable recommendation with committee amendment(s) P
REPORT: Assistant County Attorney Abigail Price-Williams read the foregoing proposed resolution into the record. Commissioner Jordan asked the Assistant County Attorney Robert Cuevas to place on the record her request of the changes in the title of the proposed foregoing resolution. Commissioner Jordan requested staff to address and bring back in a report the following issues: • the assurance that prime claims are not being processed by staff unless all tiered subs are certified • the hired consultant should be included in the process and the honor review meetings • to include recommendations for payment of legitimate claims for Turner Construction Also would like to include in the language: • to offer the opportunity for two party checks • an expedited process to streamline the review process and the payment process In response to Commissioner Jordan request, Assistant County Attorney Robert Cuevas advised the changes as follows: • The word “Prime” replaces the word “Non CSBE” appearing in the 6th and 7th lines of the titles; and • On the last line of the first page the words “Prime Contractor” replaces the word “Non CSBE”. Commissioner Jordan provided an overview of the intent of the proposed foregoing resolution. Commissioner Moss commented on a workshop held by Commissioners Carey-Shuler and Sosa regarding Community Small Business Enterprises (CSBE’s) being paid in a timely manner. He noted he supported this proposed resolution and felt it provided staff with some direction on how to proceed. He also noted he would like to hear from the Aviation Department staff on the status of outstanding claims and any progress made in handling claims involving small businesses at the airport. Commissioner Sosa noted some resolutions were forthcoming from the workshop on CSBEs. She welcomed Commissioner Jordan’s input, and she also supported this resolution. Commissioner Sorenson noted she also supported this resolution, but she was sorry it necessary to ensure subcontractors were paid promptly. Chairman Gimenez noted he had some concerns regarding this proposed resolution; that while the intent was good, he wanted to ensure the details were correct because of the contractual issues involved. He questioned whether any aspect of this resolution move the hub from Turner to the County. . Mr. Jose Abreu, Aviation Department Director, explained that he felt this was a comprehensive piece of legislation that would allow staff to proceed. He noted he would work closely with the County Attorney’s Office. Mr. Abreu noted he understood Chairman Gimenez’ concern that staff in the middle of the relationship between the prime and subcontractors. He noted, however, he would come back to the Committee if he anticipated any problems. Chairman Gimenez concurred that he was particularly concerned regarding the proposal to write two party checks and the County must ensure that the prime contractors sign off that this was acceptable as a part of the agreement. He noted this was his primary concern was the County would assuming some of the liability for Turner and would be stepping into the relationship between the prime and subcontractors and must have the appropriate releases to protect against liability. He asked Mr. Abreu develop a process to get people paid as quickly as possible, but without adding further liability to the County. Commissioner Sosa questioned the language contained within the proposed resolution could be worded to address accomplish the intent of this resolution and address the concern raised by Commissioner Gimenez. Commissioner Jordan noted she limited the scope of this resolution as she previously stated, by specifically asking that only that were Turner related and that were not questionable in terms of mismanagement. She asked that County Attorney to clarify the intent. Assistant County Attorney Robert Cuevas this resolution instructed staff to come back with a proposed process; that the sponsor and the Committee Chair had indicated they had some concerns that they wanted the County Manager to address and to work with the County Attorney to resolve before this resolution was forwarded for approval. Commissioner Heyman commended Aviation Director, Jose Abreu, for improvements made to the upper deck of the Miami International Airport. Commissioner Sosa requested the Aviation Department Director prepare for her review an update on Florida Department of Transportation (FDOT) projects implemented and landscaping improvements made at the airport during and after his tenure as Director. Hearing no further questions or comments, the Committee proceeded to vote on the foregoing proposed resolution as presented.

Legislative Text


TITLE
RESOLUTION DIRECTING COUNTY MANAGER TO DEVELOP A PROCESS FOR REVIEWING AND RESOLVING CLAIMS OF CSBE CONTRACTORS FOR WORK PERFORMED ON THE NORTH TERMINAL DEVELOPMENT ("NTD") PROJECT AT MIAMI INTERNATIONAL AIRPORT ("MIA") ON AN EXPEDITED BASIS, AND FURTHER PROVIDING THAT PRIME CONTRACTORS SUBMITTING CLAIMS FOR WORK PERFORMED ON THE NTD PROJECT BE REQUIRED TO CERTIFY THAT ANY UNPAID CLAIMS OF LOWER TIER CSBE SUBCONTRACTORS PERFORMING ANY PORTION OF THE WORK THAT IS THE SUBJECT OF SUCH CLAIM ARE INCLUDED THEREIN

BODY
WHEREAS, the North Terminal Development ("NTD") Project at Miami International Airport was intended, in part, to have been an economic engine to benefit Community Small Business Enterprises ("CSBE"s); and
WHEREAS, numerous CSBEs have asserted outstanding claims as a result of their participation in the construction of the NTD Project, whether as prime contractors, or as first, second, third or fourth tier subcontractors on the Project; and
WHEREAS, it is in the best interests of the citizens of Miami Dade County that CSBEs who participated in the construction of the NTD Project and have valid, unpaid claims should be paid therefor,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board directs the County Manager to develop a process for reviewing and resolving claims of CSBE contractors for work performed on the NTD Project on an expedited basis, and further providing that prime contractors submitting claims arising out of the NTD project be required to certify that all unpaid claims of lower tier CSBE subcontractors performing any portion of the work that is the subject of such claim are included therein. The County Manager shall submit the proposed process to this Board within 45 days from the date of adoption of this Resolution.
The County Manager is further instructed to provide in any recommended settlement of a non-CSBE contractor claim arising out of the NTD Project that payment of the settlement amount be conditioned upon the claimant paying such portion of the pass through claims of CSBE subcontractors at any tier, determined by the County to be due to such CSBEs.



Home  |   Agendas  |   Minutes  |   Legislative Search  |   Lobbyist Registration  |   Legislative Reports
2014 BCC Meeting Calendar  |   Miami-Dade County Code of Ordinances   |   ADA Notice  |  

Home  |  Using Our Site  |  About Phone Directory  |  Privacy  |  Disclaimer

E-mail your comments, questions and suggestions to Webmaster  

Web Site 2014 Miami-Dade County.
All rights reserved.