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A bill to be entitled |
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An act relating to Hillsborough County; authorizing the |
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waiver of payment and performance bonds for the |
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construction of a public building, for the prosecution and |
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completion of a public work, or for repairs upon a public |
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building or public work when the cost of the project is |
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$500,000 or less and the contract for the construction, |
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completion, or repair is awarded pursuant to an economic |
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development program established to encourage local small |
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businesses to participate in county procurement programs; |
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providing for a committee to determine suitable projects; |
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providing requirements for the economic development |
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program for local small businesses; providing procedures |
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for waiver of the payment and performance bond; requiring |
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a report; providing for repeal of the act; providing an |
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effective date. |
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Be It Enacted by the Legislature of the State of Florida: |
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Section 1. Notwithstanding section 255.05, Florida |
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Statutes, Hillsborough County may waive payment and performance |
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bonds on construction contracts for the construction of a public |
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building, for the prosecution and completion of a public work, |
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or for repairs on a public building or public work which has a |
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cost of $500,000 or less and the project is awarded pursuant to |
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a race and gender neutral economic development program for the |
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encouragement of local small businesses which has been adopted |
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by the governing body of the county pursuant to a resolution or |
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ordinance. |
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Section 2. The county’s adopted criteria for participation |
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in the economic development program for local small businesses |
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requires that a participant:
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(1) Be an independent business.
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(2) Be principally domiciled in Hillsborough County unless |
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a reciprocal program is established with another jurisdiction |
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pursuant to an interlocal agreement.
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(3) Have been in business for at least 1 year.
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(4) Employ 25 or fewer full-time employees.
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(5) Have gross annual sales averaging over the previous 3- |
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year period of $2 million or less, with regard to any |
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construction element of the program.
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(6) Participate in an educational curriculum which will |
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assist the small business in becoming eligible for bonding.
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Section 3. The county’s adopted procedures for waiving |
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payment and performance bonds on projects with values not less |
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than $200,000 and not exceeding $500,000 shall provide that |
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payment and performance bonds may only be waived on projects |
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that have been set aside to be competitively bid on by |
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participants in an economic development program for local small |
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businesses. A committee of county staff from affected |
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departments shall determine if specific construction projects |
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are suitable to be set aside for bidding by registered local |
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small businesses and waiver of the payment and performance bond. |
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The committee’s decision to waive the payment and performance |
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bond shall be in writing and shall include a determination that |
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there exists sufficient competition so that the county receives |
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a fair price and that the project lacks any unusual risk to the |
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county.
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Section 4. For any contract for which a payment and |
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performance bond has been waived pursuant to the authority in |
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section 1 of this act, the county shall pay all persons defined |
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in section 713.01, Florida Statutes, who furnish labor, |
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services, or materials for the prosecution of the work provided |
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for in the contract to the same extent and upon the same |
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conditions that a surety on the payment bond under section |
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255.05, Florida Statutes, would have been obligated to pay such |
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persons if the payment and performance bond has not been waived. |
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The county shall record notice of this obligation in the manner |
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and location that surety bonds are recorded. The notice shall |
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include the information describing the contract which section |
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255.05(1), Florida Statutes, requires be stated on the front |
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page of the bond. Section 255.05(9), Florida Statutes, shall |
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apply to any contract on which performance or payment bonds are |
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waived pursuant to this act, and any claim to payment under this |
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section shall be treated as a contract claim pursuant to section |
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255.05(9), Florida Statutes.
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Section 5. A small business that has been the successful |
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bidder on three projects where the payment and performance bond |
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were waived pursuant to section 1 shall be ineligible to bid on |
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additional projects where the payment and performance bond has |
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been waived on projects with an estimated value of not less than |
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$200,000 and not exceeding $500,000. The local small business |
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may continue to participate in other elements of the economic |
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development program for local small business so long as |
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otherwise eligible.
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Section 6. The county shall prepare a report on the |
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activities every 2 years which shall be provided to the county’s |
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legislative delegation. The initial report shall be due December |
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31, 2006. |
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Section 7. This act shall stand repealed on September 30, |
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2009.
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Section 8. This act shall take effect on October 1, 2004. |