§ 2-8.8. Fair subcontracting practices.

(1)

Policy. It is the policy of this County to promote diversity in the use of Subcontractors on Miami-Dade County projects and to allow opportunities for subcontracting to as many qualified Subcontractors as possible.

(2)

Definitions. As used in this section:

(a)

The term bid means a quotation, proposal, letter of interest or offer by any bidder in response to any kind of invitation, request or public announcement to submit such quotation, proposal, letter of interest or offer for a contract.

(b)

The term contract means an agreement proposed by County or Public Health Trust staff, or approved by the County Commission or Public Health Trust in any of the following classes:

(1)

Procurement of goods and services not included in the classes 2, 3 and 4 below;

(2)

Construction of a public improvement;

(3)

Professional services subject to Section 287.055, Florida Statutes, and Section 2-10.4 of the Code of Miami-Dade County; or

(4)

Other professional services including but not limited to accounting, legal, health care, consulting and management services.

(5)

Contract does not mean an agreement to purchase, lease or rent real property; grant licenses, permits or franchises; operate concessions; or make grants.

(d)

The term local means having headquarters located in Miami-Dade County or having a place of business located in Miami-Dade County from which the contract or subcontract will be performed.

(e)

The term subcontract means an agreement between a bidder and a subcontractor to perform a portion of a contract.

(f)

The term Subcontractor means a business independent of a bidder which may agree with the bidder to perform a portion of a contract.

(3)

Standards for awarding subcontracts. The County encourages bidders to adopt policies and procedures which

(a)

Notify the broadest number of local Subcontractors of the opportunity to be awarded a subcontract;

(b)

Invite local Subcontractors to submit bids in a practical, expedient way;

(c)

Provide local Subcontractors access to information necessary to prepare and formulate a subcontracting bid;

(d)

Allow local Subcontractors to meet with appropriate personnel of the bidder to discuss the bidder's requirements; and

(e)

Award subcontracts based on full and complete consideration of all submitted proposals and in accordance with the bidder's stated objectives.

(4)

Reporting of subcontracting policies procedures and payments. For all contracts in which a bidder may use a Subcontractor, prior to contract award, the bidder shall provide a detailed statement of its policies and procedures for awarding subcontracts. Failure to provide the required statement shall preclude the bidder from receiving the contract. As a condition of final payment under a contract, the contractor shall submit to the County via its web-based system all subcontractors used in the work, the amount of each subcontract, and the amount paid and to be paid to each subcontractor. In the event that the contractor intends to pay less than the subcontract amount, the contractor shall deliver to the County a statement explaining the discrepancy or any disputed amount. The County Mayor or Mayor's designee shall include language in the specifications of applicable County contracts to give effect to the intent of this section.

(Ord. No. 97-35, § 1, 5-6-97; Ord. No. 98-31, § 1, 2-19-98; Ord. No. 98-124, § 1, 9-3-98; Ord. No. 98-159, §§ 1, 2, 11-5-98; Ord. No. 02-121, §§ 1, 2, 7-9-02; Ord. No. 11-90, § 3, 11-15-11; Ord. No. 18-33, § 7, 4-10-18)