Miami-Dade Legislative Item
File Number: 071864
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File Number: 071864 File Type: Ordinance Status: Second Reading
Version: 0 Reference: Control: Board of County Commissioners
File Name: PROCUREMENT PROJECTS FUNDED BY GOB PROGRAM Introduced: 6/13/2007
Requester: NONE Cost: Final Action:
Agenda Date: 10/2/2007 Agenda Item Number: 7E
Notes: SEE #073051 FOR FINAL VERSION AS ADOPTED. requires 6-wk p.h. & 4-wk muni notification Title: ORDINANCE AMENDING SECTION 2-8.2.10 OF THE CODE OF MIAMI-DADE COUNTY RELATED TO PROCUREMENT PROCEDURES FOR CONTRACTS RELATED TO PROJECTS FUNDED IN WHOLE OR IN PART BY BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND PROGRAM FUNDS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND EFFECTIVE DATE
Indexes: GENERAL OBLIGATION BOND PROGRAM
  PROCUREMENT
Sponsors: Katy Sorenson, Prime Sponsor
  Sally A. Heyman, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 10/2/2007 7E Amended
REPORT: See Report Under Agenda Item 7E AMENDED, Legislative File No. 073051.

Budget and Finance Committee 9/11/2007 2S Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney McCarty read the foregoing proposed ordinance into the record. The public hearing was opened. It was closed after no one appeared in response to Vice-Chairman Gimenez’s call for persons wishing to be heard. It was moved by Commissioner Sorenson that this proposed ordinance be forwarded to the County Commission with a favorable recommendation. This motion was seconded by Commissioner Diaz. Vice-Chairman Gimenez pointed out that Agenda Item 2R struck out language that was part of this proposed ordinance. Following further discussion regarding how to appropriately reconcile Agenda Items 2R and 2S, the Committee proceeded to vote on this proposed ordinance as presented.

Board of County Commissioners 6/29/2007 Municipalities notified of public hearing Budget and Finance Committee 9/11/2007 6/26/2007

Board of County Commissioners 6/26/2007 Scheduled for a public hearing Budget and Finance Committee 9/11/2007

Board of County Commissioners 6/26/2007 4D Adopted on first reading 9/11/2007 P
REPORT: The foregoing proposed ordinance was adopted on first reading and scheduled for public hearing before the Budget and Finance Committee on September 11, 2007, at 2:00 p.m.

Board of County Commissioners 6/13/2007 Requires Municipal Notification Budget and Finance Committee 9/11/2007

County Attorney 6/13/2007 Referred Budget and Finance Committee 9/11/2007

County Attorney 6/13/2007 Assigned Geri Bonzon-Keenan 6/13/2007

Legislative Text


TITLE
ORDINANCE AMENDING SECTION 2-8.2.10 OF THE CODE OF MIAMI-DADE COUNTY RELATED TO PROCUREMENT PROCEDURES FOR CONTRACTS RELATED TO PROJECTS FUNDED IN WHOLE OR IN PART BY BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND PROGRAM FUNDS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND EFFECTIVE DATE

BODY
WHEREAS, Section 2-8.2.10 of the Code of Miami-Dade County (the “Code”) provides that if a project funded in whole or in part by Building Better Communities General Obligation Bond Program funds (“BBC GOB Funds”) is constructed by any municipality on behalf of the County, the provisions of Section 2-10.4.01 and Section 10-33.02 of the Code, respectively, shall apply to such project unless the municipality elects to apply the requirements of its own small business program(s) to the contracts related to such project; and
WHEREAS, on May 8, 2007 this Board enacted Ordinance No. 07-65 (codified in Sections 9-71 through 9-75 of the Code) creating the Sustainable Buildings Program for buildings owned, financed and/or operated by the County; and
WHEREAS, this Board desires to amend Section 2-8.2.10 of the Code to provide that if a project funded in whole or in part by BBC GOB Funds is constructed by any municipality on behalf of the County, the provisions of Sections 9-71 through 9-75 of the Code shall apply to such project unless the municipality elects to apply the requirements of its own sustainable building program to the contracts related to such project,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 2-8.2.10 of the Code of Miami-Dade County, Florida is amended as follows:1
Section 2-8.2.10 Procurement policy as to contracts related to projects funded in whole or in part by Building Better Communities General Obligation Bond Program Funds.

(1) Notwithstanding and prevailing over any other provision of the Code of Miami-Dade County, Florida to the contrary, as to contracts related to projects constructed by any municipality and funded in whole or in part by Building Better Communities General Obligation Bond Program funds, municipalities shall use their own procurement procedures, including bid waivers where permitted by municipal ordinance; provided, however, if a project funded in whole or in part by Building Better Communities General Obligation Bond Program funds is constructed by any municipality on behalf of the County, the provisions of >>Sections 9-71 through 9-75,<< Section 2-10.4.01 and Section 10-33.02, respectively, shall apply to such project unless the municipality elects to apply the requirements of its own >>sustainable buildings program and/or<< small business program(s) >>, as applicable,<< to the contracts related to such project.

Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any Sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate work.
Section 4. This ordinance shall become effective 10 days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.

1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double-arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.



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