|
|||
| 1 | A bill to be entitled | ||
| 2 | An act relating to Hillsborough County; authorizing the | ||
| 3 | waiver of payment and performance bonds for the | ||
| 4 | construction of a public building, for the prosecution and | ||
| 5 | completion of a public work, or for repairs upon a public | ||
| 6 | building or public work when the cost of the project is | ||
| 7 | $500,000 or less and the contract for the construction, | ||
| 8 | completion, or repair is awarded pursuant to an economic | ||
| 9 | development program established to encourage local small | ||
| 10 | businesses to participate in county procurement programs; | ||
| 11 | providing for a committee to determine suitable projects; | ||
| 12 | providing requirements for the economic development | ||
| 13 | program for local small businesses; providing procedures | ||
| 14 | for waiver of the payment and performance bond; requiring | ||
| 15 | a report; providing for repeal of the act; providing an | ||
| 16 | effective date. | ||
| 17 | |||
| 18 | Be It Enacted by the Legislature of the State of Florida: | ||
| 19 | |||
| 20 | Section 1. Notwithstanding section 255.05, Florida | ||
| 21 | Statutes, Hillsborough County may waive payment and performance | ||
| 22 | bonds on construction contracts for the construction of a public | ||
| 23 | building, for the prosecution and completion of a public work, | ||
| 24 | or for repairs on a public building or public work which has a | ||
| 25 | cost of $500,000 or less and the project is awarded pursuant to | ||
| 26 | a race and gender neutral economic development program for the | ||
| 27 | encouragement of local small businesses which has been adopted | ||
| 28 | by the governing body of the county pursuant to a resolution or | ||
| 29 | ordinance. | ||
| 30 | Section 2. The county’s adopted criteria for participation | ||
| 31 | in the economic development program for local small businesses | ||
| 32 | requires that a participant: | ||
| 33 | (1) Be an independent business. | ||
| 34 | (2) Be principally domiciled in Hillsborough County unless | ||
| 35 | a reciprocal program is established with another jurisdiction | ||
| 36 | pursuant to an interlocal agreement. | ||
| 37 | (3) Have been in business for at least 1 year. | ||
| 38 | (4) Employ 25 or fewer full-time employees. | ||
| 39 | (5) Have gross annual sales averaging over the previous 3- | ||
| 40 | year period of $2 million or less, with regard to any | ||
| 41 | construction element of the program. | ||
| 42 | (6) Participate in an educational curriculum which will | ||
| 43 | assist the small business in becoming eligible for bonding. | ||
| 44 | Section 3. The county’s adopted procedures for waiving | ||
| 45 | payment and performance bonds on projects with values not less | ||
| 46 | than $200,000 and not exceeding $500,000 shall provide that | ||
| 47 | payment and performance bonds may only be waived on projects | ||
| 48 | that have been set aside to be competitively bid on by | ||
| 49 | participants in an economic development program for local small | ||
| 50 | businesses. A committee of county staff from affected | ||
| 51 | departments shall determine if specific construction projects | ||
| 52 | are suitable to be set aside for bidding by registered local | ||
| 53 | small businesses and waiver of the payment and performance bond. | ||
| 54 | The committee’s decision to waive the payment and performance | ||
| 55 | bond shall be in writing and shall include a determination that | ||
| 56 | there exists sufficient competition so that the county receives | ||
| 57 | a fair price and that the project lacks any unusual risk to the | ||
| 58 | county. | ||
| 59 | Section 4. For any contract for which a payment and | ||
| 60 | performance bond has been waived pursuant to the authority in | ||
| 61 | section 1 of this act, the county shall pay all persons defined | ||
| 62 | in section 713.01, Florida Statutes, who furnish labor, | ||
| 63 | services, or materials for the prosecution of the work provided | ||
| 64 | for in the contract to the same extent and upon the same | ||
| 65 | conditions that a surety on the payment bond under section | ||
| 66 | 255.05, Florida Statutes, would have been obligated to pay such | ||
| 67 | persons if the payment and performance bond has not been waived. | ||
| 68 | The county shall record notice of this obligation in the manner | ||
| 69 | and location that surety bonds are recorded. The notice shall | ||
| 70 | include the information describing the contract which section | ||
| 71 | 255.05(1), Florida Statutes, requires be stated on the front | ||
| 72 | page of the bond. Section 255.05(9), Florida Statutes, shall | ||
| 73 | apply to any contract on which performance or payment bonds are | ||
| 74 | waived pursuant to this act, and any claim to payment under this | ||
| 75 | section shall be treated as a contract claim pursuant to section | ||
| 76 | 255.05(9), Florida Statutes. | ||
| 77 | Section 5. A small business that has been the successful | ||
| 78 | bidder on three projects where the payment and performance bond | ||
| 79 | were waived pursuant to section 1 shall be ineligible to bid on | ||
| 80 | additional projects where the payment and performance bond has | ||
| 81 | been waived on projects with an estimated value of not less than | ||
| 82 | $200,000 and not exceeding $500,000. The local small business | ||
| 83 | may continue to participate in other elements of the economic | ||
| 84 | development program for local small business so long as | ||
| 85 | otherwise eligible. | ||
| 86 | Section 6. The county shall prepare a report on the | ||
| 87 | activities every 2 years which shall be provided to the county’s | ||
| 88 | legislative delegation. The initial report shall be due December | ||
| 89 | 31, 2006. | ||
| 90 | Section 7. This act shall stand repealed on September 30, | ||
| 91 | 2009. | ||
| 92 | Section 8. This act shall take effect on October 1, 2004. | ||