Miami-Dade Legislative Item
File Number: 060345
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File Number: 060345 File Type: Resolution Status: Adopted
Version: 0 Reference: R-325-06 Control: County Commission
File Name: MGR TO PROTECT SUBCONTRACTOR PAYMENT IN COUNTY CONTRACTS Introduced: 2/3/2006
Requester: NONE Cost: Final Action: 3/9/2006
Agenda Date: 3/7/2006 Agenda Item Number: 11A12
Notes: Title: RESOLUTION DIRECTING THE COUNTY MANAGER TO INCLUDE IN COUNTY CONTRACTS ADDITIONAL PROVISIONS TO PROTECT PAYMENTS TO SUBCONTRACTORS AND MATERIAL SUPPLIERS
Indexes: CONTRACTOR RESPONSIBILITY
  SUBCONTRACTOR
Sponsors: Rebeca Sosa, Prime Sponsor
  Audrey M. Edmonson, Co-Sponsor
  Dennis C. Moss, 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 3/9/2006 11A12 Adopted P

Board of County Commissioners 3/7/2006 11A12 Carried over 3/9/2006

Internal Mgmt. & Fiscal Responsibility Committee 2/16/2006 2F Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Gerald Sanchez read the foregoing proposed resolution into the record. Commissioner Sosa provided a brief explanation regarding the intent of this resolution. Following discussion regarding coordination of contractors’ and subcontractors’ payment schedules and draws which were paid based on the percentage of completion based on standard contracting benchmarks, Commissioner Sosa asked Assistant County Manager Alina Hudak to ensure that her office contact all commissioners to answer questions and concerns regarding this resolution before it was heard by the full Commission. Commissioner Sosa noted that she would consider incorporating language to provide for additional contractual protections and to allow the County Manager and County Attorney to implement the best alternative to the County to protect the process.

County Attorney 2/3/2006 Assigned Internal Mgmt. & Fiscal Responsibility Committee 2/16/2006

County Attorney 2/3/2006 Assigned Hugo Benitez 2/8/2006

Legislative Text


TITLE
RESOLUTION DIRECTING THE COUNTY MANAGER TO INCLUDE IN COUNTY CONTRACTS ADDITIONAL PROVISIONS TO PROTECT PAYMENTS TO SUBCONTRACTORS AND MATERIAL SUPPLIERS

BODY
WHEREAS, on December 1, 2005 this Board through its Internal Management & Fiscal Responsibility Committee conducted a Small Business and Procurement Workshop to hear the concerns of businesses who have engaged in commercial transactions involving Miami-Dade County ; and
WHEREAS, one of the concerns expressed repeatedly was the failure by County contractors to pay subcontractors and material suppliers for goods provided or services rendered even where these contractors themselves had been paid by the County under the terms of their contractor for these goods and services; and
WHEREAS, many of the subcontractors and material suppliers are smaller businesses whose very existence relies on the payment stream for the work that they perform; and
WHEREAS, the County can assist these smaller businesses by taking affirmative steps in County contracting to ensure that subcontractors and material suppliers who perform in accordance with their obligations are duly paid for the same,
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY that:
Section 1. The County Manager, in consultation with the County Attorney’s Office, shall evaluate and, where appropriate, include in County construction contracts additional specifications to protect subcontractors and material suppliers from non-payment by County contractors. Such specifications shall include an escrow retainage to ensure non-payment of valid claims and the requirement and prosecution of expedient alternate dispute resolution processes to establish the validity of subcontractor claims as a condition of payment of the contractor.
Section 2. The County Manager shall report the acts taken in furtherance of this resolution together with any proposed policy recommendations for the use of such appropriate provisions on a County-wide basis within ninety (90) days of adoption of this resolution.



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