Legislative Matter

Miami-Dade Legislative Item
File Number: 073727

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Clerk's Official Copy

File Number: 073727

File Type: Ordinance

Status: Adopted

Version: 0

Reference: 07-174

Control:

File Name: REVERSE OSMOSIS WATER TREATMENT PLANT-LOCATED IN HIALEAH

Introduced: 12/20/2007

Requester: NONE

Cost:

Final Action: 12/4/2007

Agenda Date: 12/4/2007

Agenda Item Number: 7A

Notes:

THIS IS FINAL VERSION AS ADOPTED. (also see 072873)

Title:

ORDINANCE WAIVING ALL COUNTY PROCUREMENT POLICIES AND PROCEDURES OTHER THAN LIVING WAGE, RESPONSIBLE WAGE AND INSPECTOR GENERAL REQUIREMENTS FOR PLANNING, DESIGN AND CONSTRUCTION OF REVERSE OSMOSIS WATER TREATMENT PLANT JOINTLY OWNED BY COUNTY AND CITY OF HIALEAH AND LOCATED IN CITY OF HIALEAH; AUTHORIZING CITY OF HIALEAH TO USE ITS MUNICIPAL PROCUREMENT POLICIES AND PROCEDURES IN ACCORDANCE WITH JOINT PARTICIPATION AGREEMENT FOR PLANNING, DESIGN AND CONSTRUCTION OF SUCH REVERSE OSMOSIS WATER TREATMENT PLANT; PROVIDING SEVERABILITY; EXCLUSION FROM THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 072873]

Indexes:	WATER AND SEWER
	CITY OF HIALEAH
	LIVING WAGE
	PROCUREMENT

Sponsors:	Natacha Seijas, Prime Sponsor
	Jose "Pepe" Diaz, 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	12/20/2007		Assigned	Henry N. Gillman

Board of County Commissioners	12/4/2007	7A AMENDED	Adopted as amended				P
REPORT:	County Attorney Robert Cuevas read the foregoing proposed ordinance into the record. Commissioner Sorenson questioned what provisions would be waived if this proposed ordinance was adopted. County Attorney Cuevas advised the County would waive the other programs and procedures attached to procurement policies not listed in this proposed ordinance, such as Community Small Business Enterprise provisions, and other provisions of that nature. Commissioner Sorenson questioned whether the Inspector General would still have jurisdiction of the reverse osmosis water treatment plant in this proposed ordinance. Mayor Julio Robaina, City of Hialeah, explained the Inspector General would have jurisdiction over the funds proposed by the County, but not the City of Hialeah’s $80 million. Responding to Commissioner Sorenson’s request to ensure the Inspector General was included in this proposal, County Attorney Cuevas noted he would ensure the necessary provision was included and would apply to County funds. It was moved by Commissioner Diaz that the foregoing proposed ordinance be adopted as amended to include a provision clarifying the Inspector General's jurisdiction. This motion was seconded by Commissioner Seijas. In response to Commissioner Rolle’s inquiry concerning County liability for cost overruns, Mayor Robaina explained the County and the City of Hialeah would equally share any cost overruns or cost savings, and the City of Hialeah would come back to the County Commission to authorize expenditure for any cost overruns. Hearing no other questions or comments, the Commission proceeded to vote on this proposed ordinance as amended to include a provision clarifying the Inspector General’s jurisdiction.

Legislative Text

TITLE
ORDINANCE WAIVING ALL COUNTY PROCUREMENT POLICIES AND PROCEDURES OTHER THAN LIVING WAGE, RESPONSIBLE WAGE AND INSPECTOR GENERAL REQUIREMENTS FOR PLANNING, DESIGN AND CONSTRUCTION OF REVERSE OSMOSIS WATER TREATMENT PLANT JOINTLY OWNED BY COUNTY AND CITY OF HIALEAH AND LOCATED IN CITY OF HIALEAH; AUTHORIZING CITY OF HIALEAH TO USE ITS MUNICIPAL PROCUREMENT POLICIES AND PROCEDURES IN ACCORDANCE WITH JOINT PARTICIPATION AGREEMENT FOR PLANNING, DESIGN AND CONSTRUCTION OF SUCH REVERSE OSMOSIS WATER TREATMENT PLANT; PROVIDING SEVERABILITY; EXCLUSION FROM THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, pursuant to Resolution No. R-918-07, Miami-Dade County ("County") approved a Joint Participation Agreement ("JPA") with the City of Hialeah for a Reverse Osmosis Water Treatment Plant to be located in the City of Hialeah ("City"); and
WHEREAS, the JPA provides for both parties to jointly fund the planning, design and construction of the Reverse Osmosis Water Treatment Plant which will be jointly owned by the City and County; and
WHEREAS, the Reverse Osmosis Water Treatment Plant will benefit both the City and County; and
WHEREAS, the City is responsible for the planning, design and construction of the Reverse Osmosis Water Treatment Plant; and
WHEREAS, it is in the County's interest to waive certain County procurement policies and procedures for the planning, design and construction of the Reverse Osmosis Water Treatment Plant,
NOW THEREFORE, BE IT ORDAINED BY THE MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS that:
Section 1. Notwithstanding and prevailing over any other provision of the Code of Miami-Dade County, Florida to the contrary, as to any planning, design and/or construction contracts related to the reverse osmosis water treatment plant in the City of Hialeah ("City") to be jointly funded and owned by Miami-Dade County and the City pursuant to the Joint Participation Agreement ("JPA") as approved by Resolution No. R-918-07, the City shall use its own procurement policies and procedures in accordance with the JPA. Except for the County's Inspector General provisions and living wage and responsible wage requirements as provided in Sections 2-1076, 2-8.9 and 2-11.16 of the Code of Miami-Dade County, Florida respectively, all County procurement policies and procedures are hereby deemed waived as to any planning, design and/or construction contracts for the reverse osmosis water treatment plant in the City of Hialeah.
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. This ordinance shall become effective ten (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.