§ 66-100. Prompt payment.

(a)

Pursuant to the provisions of F.S. § 218.735, as may be amended, when a prime contractor receives payment from the city for labor, services or materials furnished by subcontractors or suppliers hired by the prime contractor, the prime contractor shall remit payment due to those subcontractors and suppliers within ten days after the prime contractor's receipt of payment. When a subcontractor receives payment from a prime contractor for labor, services or materials furnished by a sub-subcontractor and suppliers hired by the subcontractor, the subcontractor shall remit payment due to those sub-subcontractors and suppliers within ten days after the subcontractor's receipt of payment.

(b)

Every prime contractor to a contract let by the city for the performance of construction services shall certify in writing that all subcontractors and suppliers have been paid for work and materials from previous progress payments received, less any retainage, prior to receipt of any further progress payments. The city may request documentation to certify payment to subcontractors and suppliers.

(c)

Nothing in this section shall prohibit a prime contractor or subcontractor from disputing, pursuant to the terms of the relevant contract, all or any portion of a payment alleged to be due to another party. In the event of such dispute, the prime contractor or subcontractor shall notify the party whose payment is disputed, in writing, of the amount in dispute and the actions required to cure the dispute. Disputed payments may be withheld if the relevant contract permits. The prime contractor or subcontractor must pay all undisputed amounts due within the time limits imposed by this section and by law.

(d)

This section shall not create any contractual relationship between an subcontractor, sub-consultant or supplier and the city, or any liability on the city for the prime contractor's failure to make timely payment to the subcontractor, sub-consultant or supplier.

(Ord. No. 4679-18, § 4, 12-17-2018)