Legislative Matter

Miami-Dade Legislative Item
File Number: 120618

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Clerk's Official Copy

File Number: 120618

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-437-12

Control: Board of County Commissioners

File Name: CREATING CONSTRUCTION BONDING TASK FORCE

Introduced: 3/27/2012

Requester: NONE

Cost:

Final Action: 5/15/2012

Agenda Date: 5/15/2012

Agenda Item Number: 11A1

Notes:

**ITEM HAS SUNSET

Title:

RESOLUTION CREATING CONSTRUCTION BONDING TASK FORCE; SETTING FORTH POWERS AND RESPONSIBILITIES; AND PROVIDING FOR A SUNSET

Indexes:

TASK FORCE

Sponsors:	Barbara J. Jordan, Prime Sponsor
	Audrey M. Edmonson, Co-Sponsor
	Jean Monestime, Co-Sponsor

Sunset Provision: Yes

Effective Date: 5/25/2012

Expiration Date: 11/20/2012

Registered Lobbyist:

None Listed

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

Board of County Commissioners	5/15/2012	11A1	Adopted				P

Board of County Commissioners	5/1/2012	11A7	Deferred		5/15/2012		P
REPORT:	Chairman Martinez inquired whether the legislation governing the Community Small Business Enterprise (CSBE) Advisory Board would be amended; if so, he stated that it would not be necessary to create another Board. He noted he was hoping that Commissioner Jordan would accept his advice, and did not want to take any action in her absence. Commissioner Moss asked to be added as a co-sponsor to the proposed resolution; however, he stated that he would wait until the item was properly considered. The Board by motion duly made, seconded and carried adopted the foregoing proposed resolution as presented.

Infrastructure and Land Use Committee	4/11/2012	2D	Forwarded with a favorable recommendation				P
REPORT:	Assistant County Attorney Bonzon-Keenan read the foregoing proposed resolution into the record. Vice Chairwoman Jordan noted that although small businesses with contracts exceeding $200,000 were required to obtain and issue bonds, they did not always have the resources to do so. She said an effort was made a few years ago to resolve this by incorporating some members of the banking community; however, because of changes in the County’s administration and operations, no one followed up on that effort. She explained that the intent of this proposed resolution was to create a task force to provide that follow up and to explore possibilities for creating bonding opportunities for small businesses. Commissioner Monestime noted he had been meeting with owners of several well-qualified small firms in his Commission District (DIST 2) who were unable to obtain the bonding necessary to do business with the County. He noted he fully supported this proposal and asked to be added as a co-sponsor. Hearing no further discussion, Committee members proceeded to vote on the foregoing proposed resolution as presented.

County Attorney	3/27/2012		Assigned	Oren Rosenthal		3/27/2012

County Attorney	3/27/2012		Referred	Infrastructure and Land Use Committee	4/11/2012

Legislative Text

TITLE
RESOLUTION CREATING CONSTRUCTION BONDING TASK FORCE; SETTING FORTH POWERS AND RESPONSIBILITIES; AND PROVIDING FOR A SUNSET

BODY

WHEREAS, Miami-Dade County (the �County�) has a Community Small Business Enterprise (�CSBE�) program for construction related enterprises, including design-build firms, and firms providing trades and/or services for the completion of construction projects, as defined in Chapter 10 of the Code of Miami-Dade County; and
WHEREAS, the ability of community small businesses to perform work on County projects is dependent on the ability of those small businesses to provide construction related bonds; and
WHEREAS, it is difficult for community small businesses to obtain the necessary construction bonds; and
WHEREAS, the CSBE Advisory Board was established by Section 10-33.02 of the Code of Miami-Dade County to provide general program oversight and assistance to the Small Business Development program by tracking and monitoring the results and effectiveness of the CSBE Program; and
WHEREAS, the Board wants to strengthen its CSBE program by creating a task force consisting of the members of the CSBE Advisory Board to study the ability of community small businesses to obtain construction related bonds and propose legislation for consideration by the Board to address any difficulties that these businesses encounter in obtaining construction related bonding and thereby increase these businesses participation in County construction projects; and
WHEREAS, the Board desires that this task force study the best practices of other jurisdictions around the Country to identify effective and proven policies to assist community small businesses in obtaining construction bonding;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. There is hereby created a Small Business Construction Bonding Task Force (�Bonding Task Force�) which shall consist of the members of the CSBE Advisory Board. The Bonding Task Force shall invite representatives of the bonding community, disbursement agent industry, banking or finance industry and Miami-Dade County Finance Department to provide guidance and assistance to the Bonding Task Force. The Chairperson of the CSBE Advisory Board shall be the Chairperson of the Bonding Task Force.
Section 2. The Bonding Task Force shall be staffed by the County Mayor or the County Mayor�s Designee, County Attorney, and County Clerk.
Section 3. The Bonding Task Force shall review the processes by which community small businesses obtain construction bonding, identify any actual or potential obstacles in obtaining such bonding, study the best practices of other jurisdictions around the Country in addressing these issues, and prepare and submit to this Board written recommendations setting forth any proposed legislation that will enable community small businesses to obtain adequate construction bonding or otherwise perform County construction projects. The Bonding Task Force shall solicit and study proposals from groups affected by bonding opportunities in the County and bring such proposals before the Board for consideration and approval.
Section 4. All proceedings of the Bonding Task Force shall be conducted in accordance with the Government in the Sunshine Law (Sec. 286.011 Fla. Stats.) and the Citizens� Bill of Rights of the Miami-Dade County Home Rule Charter. The Bonding Task Force shall be deemed an �agency� for the purposes of the Public Records Law (Sec. 119 Fla. Stats.).
Section 5. The Bonding Task Force shall submit its written recommendations to this Board within 90 days of the effective date of this resolution.
Section 6. The Bonding Task Force created pursuant to the resolution shall sunset and stand dissolved on the 180th day from the effective date of this resolution.