Legislative Matter

Miami-Dade Legislative Item
File Number: 073051

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Clerk's Official Copy

File Number: 073051

File Type: Ordinance

Status: Adopted

Version: 0

Reference: 07-141

Control: Board of County Commissioners

File Name: PROCUREMENT PROJECTS FUNDED BY GOB PROGRAM

Introduced: 10/11/2007

Requester: NONE

Cost:

Final Action: 10/2/2007

Agenda Date: 10/2/2007

Agenda Item Number: 7E

Notes:

THIS IS FINAL VERSION AS ADOPTED. ALSO SEE #071864REQUIRES 6-WK P.H. & 4- WK MNI 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 [SEE ORIGINAL ITEM UNDER FILE NO. 071864]

Indexes:	PROCUREMENT
	GENERAL OBLIGATION BOND PROGRAM

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

County Attorney	10/11/2007		Assigned	Geri Bonzon-Keenan

Board of County Commissioners	10/2/2007	7E AMENDED	Adopted as amended				P
REPORT:	First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. Commissioner Sorenson noted that this proposed ordinance needed to be amended to reconcile it with Agenda Item 7D, Legislative File No. 071813, which the Commission had adopted. Following Assistant County Attorney Geri Bonzon-Keenan advising the Commission regarding the necessary amendment to this proposed ordinance, it was moved by Commissioner Sorenson that this proposed ordinance be adopted as amended to delete all of the language in Section 2-8.2.10 following the word “project” on line 16, and to insert the following language following the word “project” on line 16: “the foregoing, notwithstanding, a municipality which elects to apply its own sustainable building program to a project shall not be required to apply the provisions of Section 9-71 through 9-75 to that project.” This motion was seconded by Commissioner Gimenez. Commissioner Edmonson announced that the first comprehensively constructed green, affordable house was under construction in her district. Responding to Commissioner Rolle’s request for an explanation regarding the relationship between Agenda Item 7D and this proposed ordinance, Assistant County Attorney Bonzon-Keenan clarified that Agenda Item 7D amended the Miami-Dade County Code of Ordinances (Code) to require a municipality to use the County’s small business programs for design and construction when a municipality constructed a building on behalf of the County; and that the proposed amendment to the Code would allow a municipality to use its own sustainable buildings program, if the municipality had such a program, when constructing a building on behalf of the County. Following discussion regarding Commissioners Diaz and Sosa’s concern regarding the County notifying municipalities regarding this proposed ordinance, Commissioner Sorenson pointed out that the Agenda indicated the County notified the municipalities on June 29, 2007. It was moved by Commissioner Sorenson that this proposed ordinance be adopted as amended to delete all of the language of Section 2-8.2.10 following the word “project” on line 16, and to insert the following language following the word “project” on line 16: “the foregoing, notwithstanding, a municipality which elects to apply its own sustainable building program to a project shall not be required to apply the provisions of Section 9-71 through 9-75 to that project.” This motion was seconded by Commissioner Gimenez, and upon being put to vote, passed 11-0. (Commissioners Diaz and Seijas were absent.)

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; 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. >>The foregoing notwithstanding, a municipality which elects to apply its own sustainable building program to a project shall not be required to apply the provisions of Sections 9-71 through 9-75 to that 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.