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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

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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 $200,000.00 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, and annually thereafter, 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.