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HomeMy WebLinkAboutReso 2019-2922 RESOLUTION NO. 2019- tel "-- A 2A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, OPPOSING FLORIDA SENATE BILL 246 AND HOUSE BILL 101 WHICH SEEK TO PREEMPT LOCAL REGULATION OF CONTRACTS FOR CONSTRUCTION SERVICES BY REDUCING THE AMOUNT OF RETAINAGE A PUBLIC ENTITY MAY WITHHOLD FROM EACH PROGRESS PAYMENT MADE TO CONTRACTORS, AND NULLIFIES REGULATIONS ADOPTED BY LOCAL GOVERNMENTS PERTAINING TO SUCH MATTERS; DIRECTING THE CITY CLERK TO DISTRIBUTE COPIES OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,Florida Senate Bill 246 and House Bill 101 have been filed for consideration during the Florida Legislature's 2019 session; and WHEREAS,these bills will preempt local government's ability to regulate local contracts for construction services to the State; and WHEREAS these bills will reduce the amount of retainage local governments can require on public construction contracts from 10%to 5%; and WHEREAS, these bills will leave local governments with inadequate recourse against construction contractors who do not finish jobs according to contract. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing"WHEREAS" clauses are hereby ratified and incorporated herein. Section 2. Opposition of Florida Senate Bill 246 and House Bill 101. The City Commission hereby expresses strong opposition to House Bill 101 or similar legislation that would preempt local government regulation of contracts for public construction, and would nullify regulations adopted by local governments pertaining to such matters. Section 3. Directions to the City Clerk. The City Clerk is directed to distribute copies of this Resolution to Governor Rick Scott, the Speaker of the House of Representatives, the President of the Florida Senate, the Chair of the Miami-Dade State Legislative Delegation, the Florida League of Cities, the Florida Association of Counties, the Florida City County Management Association, and the Miami-Dade County League of Cities. Section 4. Effective Date. This Resolution shall become effective upon adoption. Page 1 of 2 Reso opposing SB 246 and HB 101 PASSED and ADOPTED this 21' day of F- : a 2019. Georg, H. Scholl, Mayor ATT 04, Adthar Maur cio :etan•ur, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: if Julia Grachov. Interim City Attorney Moved by: CIA Mk'SU: J'e 60t-stY4V•1 Seconded by: vIC If*4- SU€.e i,J Vote: Mayor Scholl ✓ (Yes) (No) Vice Mayor Svechin (Yes) (No) Commissioner Goldman V (Yes) (No) Commissioner Lama (No) (No) Commissioner Viscarra (Yes) (No) Page 2 of 2 Reso opposing SB 246 and HB 101 �S� zf City of Sunny Isles Beach (kr .�- Air 18070 Collins Avenue ''' •- - ,, Sunny Isles Beach, Florida 3;160 y� 's:."---v�1O y4~ (305)941-0606 City Hall c,'*c, SVA l' (305)949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission VIA: Christopher J. Russo, City Manager FROM: Kathryn Matos,Assistant to the City Manager for Special Projects DATE: 2/21/2019 Resolution Opposing Florida Senate Bill 246 and House RE: Bill 101 to Reduce the Amounts Public Entity May Withhold from a Progress Payment to a Contractor as Retainage Lir RECOMMENDATION: It is recommended that the City Commission approve the proposed Resolution opposing Florida Senate Bill 246 and House Bill 101 that will reduce the retainage amount public entities can withhold from progress payments on public construction contracts. REASONS: Home Rule, or local government's ability to regulate issues that are localized and nuanced based on the specific environments and circumstances in each individual city across the state, is a vital part of maintaining the identity of our City and ensuring that we have the ability to regulate the issues that are specific to Sunny Isles Beach. From time to time, the State legislature proposes bills that preempt local regulation on these kinds of issues that should remain local. Senate Bill 246 and House Bill 101 are such bills that would require public entities to reduce the retainage amount they are allowed to withhold from each payment to a contractor from 10%to 5%. Retainage L. is an important tool for local governments to be able to ensure fiscal responsibility with taxpayer dollars and that contracts are completed to 184 3petiifications. ATTACHMENTS: Description Resolution House Bill 101 -Retainage SB 246-Public Construction Item Number: 10.L. J 185