§ 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.

(2)

Notwithstanding and prevailing over any other provision of the Code of Miami-Dade County, Florida to the contrary, as to contracts related to projects funded in whole or in part by grants to not-for-profit organizations of Building Better Communities General Obligation Bond Program funds (provided such projects are not for facilities owned by the County or operated by the not-for-profit organization on behalf of the County), not-for-profit organizations shall use their own procurement procedures, including bid waivers.

(3)

All applicable provisions of the Miami-Dade County Code shall continue to apply to all contracts related to not-for-profit projects funded in whole or in part by Building Better Communities General Obligation Bond Program funds where the County owns the facility or the not-for-profit organization operates the facility on behalf of the County. By exception, a not-for-profit organization may for a specified project seek an exemption from the application of any of these requirements in advance of procuring the required goods or services. The Commission, upon the written recommendation of the County Manager, may by a two-thirds ( 2/3 ) vote of the members present, grant such an exemption when it finds it to be in the best interest of the County.

(Ord. No. 06-88, § 1, 6-6-06; Ord. No. 07-77, § 1, 6-5-07; Ord. No. 07-140, § 1, 10-2-07; Ord. No. 07-141, § 1, 10-2-07)