Legislative Matter

Miami-Dade Legislative Item
File Number: 092027

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Clerk's Official Copy

File Number: 092027

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-996-09

Control: Board of County Commissioners

File Name: FUEL SAVINGS PRODUCTS

Introduced: 7/1/2009

Requester: NONE

Cost:

Final Action: 7/21/2009

Agenda Date: 7/21/2009

Agenda Item Number: 14A21

Notes:

Title:

RESOLUTION DIRECTING THE COUNTY MAYOR OR HIS DESIGNEE TO REQUIRE A POSITIVE COMPREHENSIVE REPORT FROM THE U.S. ENVIRONMENTAL PROTECTION AGENCY’S ENVIRONMENTAL TECHNOLOGY VERIFICATION PROGRAM, ALONG WITH OTHER CRITERIA, FOR BID SOLICITATION OR PROCUREMENT BY THE COUNTY OF ANY FUEL SAVINGS PRODUCTS

Indexes:

FUEL

Sponsors:	Barbara J. Jordan, Prime Sponsor
	Audrey M. Edmonson, Co-Sponsor
	Carlos A. Gimenez, Co-Sponsor
	Sally A. Heyman, Co-Sponsor
	Joe A. Martinez, Co-Sponsor
	Katy Sorenson, 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	7/21/2009	14A21	Adopted				P
REPORT:	he July 21, 2009, County Manager's Memorandum entitled, " Changes for the July 21, 2009 BCC Meeting" noted a scrivener's error on handwritten page 1, the subject of the memorandum should read: Resolution directing the County Mayor to require a positive comprehensive report from the U.S. Environmental Protection Agency's Environmental Technology Verification Program, along with other criteria for bid solicitation of procurement by the County of any fuel savings products.

County Manager	7/20/2009		Scrivener's Errors		7/21/2009
REPORT:	On Handwritten Page 1, the subject of the memorandum should read: Resolution directing the County Mayor to require a positive comprehensive report from the U.S. Environmental Protection Agency’s Environmental Technology Verification Program, along with other criteria for bid solicitation or procurement by the County of any fuel savings products

County Manager	7/15/2009		Additions		7/21/2009

Budget, Planning and Sustainability Committee	7/14/2009	3V	Forwarded to the BCC by the BCC Chairperson with a favorable recommendation				P
REPORT:	Assistant County Attorney Jess McCarty read the foregoing proposed resolution into the record. Commissioner Jordan noted that entities had approached her regarding demonstrations of products that would be useful in County vehicles. She expressed concern that an unsolicited proposal could harm the County, notwithstanding the County policy regarding unsolicited proposals, and noted that fuel saving products should be subject to pass a certain standard. Commissioners Martinez, Edmonson, Gimenez, Heyman, and Chairwoman Sorenson asked that they be listed as co-sponsors. Hearing no other questions or comments, the Committee proceeded to vote. Pursuant to County Commission Chairman Moss' memorandum dated June 8, 2009, the foregoing proposed resolution was forwarded to the July 21, 2009 Commission meeting.

County Attorney	7/1/2009		Referred	Budget, Planning and Sustainability Committee	7/14/2009

County Attorney	7/1/2009		Assigned	Abbie N. Schwaderer

Legislative Text

TITLE
RESOLUTION DIRECTING THE COUNTY MAYOR OR HIS DESIGNEE TO REQUIRE A POSITIVE COMPREHENSIVE REPORT FROM THE U.S. ENVIRONMENTAL PROTECTION AGENCY�S ENVIRONMENTAL TECHNOLOGY VERIFICATION PROGRAM, ALONG WITH OTHER CRITERIA, FOR BID SOLICITATION OR PROCUREMENT BY THE COUNTY OF ANY FUEL SAVINGS PRODUCTS

BODY
WHEREAS, the County may wish to consider purchasing a fuel savings product to be used in County vehicles; and
WHEREAS, the United States Environmental Protection Agency (�EPA�) conducts a program, called the Environmental Technology Verification Program, to evaluate environmental technologies and products which claim to improve fuel economy or reduce exhaust emissions, and through this Program, products are tested under controlled conditions; and
WHEREAS, not all products which claim to improve fuel economy have been tested through the EPA�s Environmental Technology Verification Program; and
WHEREAS, it is possible that a product which claims to improve fuel economy may fail EPA�s Environmental Technology Program testing or such product may cause damage to vehicles,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, directs the County Mayor or his designee to include as part of the procurement documents in any procurement for any fuel savings products the requirement that the following be provided for each specific fuel savings product: (i) a complete report from EPA�s Environmental Technology Verification Program, showing positive findings with respect to the specific fuel savings product at issue and including evidence that the durability and drivability of vehicles are not compromised by the specific product at issue; (ii) a recent letter of approval from the original equipment manufacturer (OEM); (iii) a demonstration that the fuel savings product at issue complies with vehicle manufacturer warranty requirements; (iv) a demonstration that the fuel savings product at issue does not compromise either the warranty required by EPA on emissions equipment or Department of Transportation safety standards; (v) an agreement that the provider(s) of the fuel savings product shall be liable for any damages to County property caused by the product, including damages due to improper formulation; and (vi) an agreement that any and all fuel additives will either be pre-mixed into fuel prior to delivery to a Miami-Dade County fuel facility, or that the provider(s) of the fuel savings product will supply equipment and will operate and provide maintenance for that equipment, all at the provider(s)� expense, so that the fuel additives can be mixed onsite at a Miami-Dade County fuel facility.