Miami-Dade Legislative Item
File Number: 131310
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File Number: 131310 File Type: Resolution Status: Amended
Version: 0 Reference: Control: Board of County Commissioners
File Name: CSBE BONDING REQUIREMENT ON CONTRACTS UP TO 200,00.00 Introduced: 6/21/2013
Requester: NONE Cost: Final Action:
Agenda Date: 7/2/2013 Agenda Item Number: 11A6
Notes: SEE 131511 FOR FINAL VERSION AS ADOPTED Title: RESOLUTION PERTAINING TO COMMUNITY SMALL BUSINESS DEVELOPMENT PROGRAM; AMENDING RESOLUTION NO. R-1386-09 TO ELIMINATE CSBE BONDING REQUIREMENTS ON CONTRACTS UP TO $200,000.00 UNLESS PRE-APPROVED BY SMALL BUSINESS DEVELOPMENT [SEE ORIGINAL ITEM UNDER FILE NO. 130996]
Indexes: CSBE PROGRAM
Sponsors: Barbara J. Jordan, Prime Sponsor
  Audrey M. Edmonson, 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 7/2/2013 11A6 Amended
REPORT: See Agenda Item 11A6 Amended; Legislative File No. 131511.

County Attorney 6/21/2013 Assigned David S. Hope 6/24/2013

Economic Development & Port Miami Committee 6/13/2013 2A Amended Forwarded to BCC with a favorable recommendation with committee amendment(s) P
REPORT: Assistant County Attorney Jess McCarty read the foregoing resolution into the record. Commissioner Jordan explained the intent of the foregoing proposed resolution. She noted that she brought the item forward in an effort to follow the State’s requirement of not requiring companies who sub-contract with a prime contractor to be required to have bonding up to $200,000. She noted this requirement was not being followed in Miami-Dade County. Commissioner Jordan pointed out that this resolution would not prevent businesses from putting bonding in place but it would make sure the prime contractor contacted with the Small Business Development Department (SBD) to find out if bonding was necessary. She noted this would make things consistent between sub-contractors and small businesses that were prime contractor that would have contracts less than $200,000. Commissioner Zapata inquired whether there had been any problem with the contracts in the past and suggested attaching an annual reporting requirement. He asked Deputy Mayor Jack Osterholt to review the feasibility of establishing a reporting requirement that an annual report be provided to the County Commission regarding how many contracts had not been completed under this program, and taking enforcement action on these contractors, if necessary. He also, asked that this information be provided before this proposed resolution was heard by the full commission. Commissioner Zapata asked Deputy Mayor Jack Osterholt to review the feasibility of establishing a reporting requirement that an annual report be provided to the County Commission regarding how many contracts had not been completed under this program, and taking enforcement action on these contractors, if necessary. He also, asked that this information be provided before this proposed resolution was heard by the full commission. At the end of the discussion, Commissioner Jordan accepted the reporting requirement offered by Commissioner Zapata as an amendment to the item. Hearing no further questions or comments, the Committee forwarded this proposed resolution with a committee amendment to require an annual report to the County Commission outlining the number of contracts not completed under this program, and the possibility of taking enforcement action against the contractors, if necessary.

Legislative Text


TITLE
RESOLUTION PERTAINING TO COMMUNITY SMALL BUSINESS DEVELOPMENT PROGRAM; AMENDING RESOLUTION NO. R-1386-09 TO ELIMINATE CSBE BONDING REQUIREMENTS ON CONTRACTS UP TO $200,000.00 UNLESS PRE-APPROVED BY SMALL BUSINESS DEVELOPMENT

BODY
WHEREAS, on December 1, 2009, the Board of County Commissioners (the “Board”) passed and adopted Resolution No. R-1386-09, which implementing additional provisions for inclusion in County contracts with a subcontractor goal(s) pertaining to its 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, Fla., which have an actual place of business in the County and whose three (3) year average annual gross revenues do not exceed specific dollar thresholds based upon the type of construction related services performed in accordance with their two-digit Standard Industrial Classification code, or six-digit North American Industry Classification System code classification; and
WHEREAS, one of the additional contract provisions provided that “No Community Small Business Enterprise firm entering into a subcontract for $200,000.00 or less shall be required to execute and deliver a payment and performance bond as a condition of executing such subcontract or performing the work unless, in the case of a subcontract, the prime contractor has requested from the County, and the County has approved prior to the execution of the subcontract, such request based on information submitted by the prime contractor”; and

WHEREAS, §255.05(1)(d) of Florida Statutes provides discretion for “the official or board awarding such contract when such work is done for any county, city, political subdivision, or public authority, [that] any person entering into such a contract which is for $200,000 or less may be exempted from executing the payment and performance bond”; and
WHEREAS, the County wants to eliminate all Community Small Business Enterprise bonding requirements for any contracts up to $200,000.00, where the Community Small Business Enterprise is either the prime contractor directly contracting with a County department, or the subcontractor of a prime contractor, unless pre-approved by Small Business Development,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that in all contracts of $200,000.00 or less for Community Small Business Enterprise work as either the (i) prime contractor directly contracting with a County department, or (ii) subcontractor of a prime contractor, there shall be no requirement for the Community Small Business Enterprise firm entering into said contract or subcontract to execute and deliver a payment and performance bond as a condition of executing such contract or subcontract, or performing the work, unless pre-approved by Small Business Development.>> The Mayor or designee shall prepare a report after one (1) year on the success of said waiver of payment and performance bonds and the status of any defaulted jobs, to be presented to this Board of County Commissioners.<<1

Committee amendments are indicated as follows: words stricken through and/or [[double bracketed]] shall be deleted, words underscored and/or >>double arrowed<< constitute the amendment proposed.
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