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HomeMy WebLinkAboutLegislation SR (Version 4)City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www,miamigov.com File Number: 13-01347 Final Action Date: AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER 18/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/ CITY OF MIAMI PROCUREMENT ORDINANCE", MORE PARTICULARLY BY CREATING SECTION 18-118, ENTITLED "PUBLIC -PRIVATE PARTNERSHIPS", AND BY CREATING SECTION 18-119, ENTITLED "UNSOLICITED PROPOSALS", TO CODIFY THE PROCUREMENT PROCEDURES TO BE USED FOR PUBLIC -PRIVATE PARTNERSHIPS AND UNSOLICITED PROPOSALS CONSISTENT WITH SECTION 287.05712, FLORIDA STATUTES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami ("City") Procurement Ordinance currently does not address the procurement procedures to be used for public -private partnerships or unsolicited proposals; and WHEREAS, as codified in Section 287.05712, Florida Statutes ("F.S."), entitled "Public -Private partnerships", the Florida Legislature recently found that there is a public need for the construction or upgrade of facilities that are used predominantly for public purposes and that it is in the public's interest to provide for the construction or upgrade of such facilities; and WHEREAS, the Florida Legislature found that there is a public need for timely and cost-effective acquisition, design, construction, improvement, renovation, expansion, equipping, maintenance, operation, implementation, or installation of projects that serve a public purpose, including, but not limited to, educational facilities, transportation facilities, water or wastewater management facilities and infrastructure, technology infrastructure, roads, highways, bridges, and other public infrastructure and government facilities within the state which serve a public need and purpose, and that such public need may not be wholly satisfied by existing procurement methods; and WHEREAS, the Florida Legislature found that there are inadequate resources to develop new educational facilities, transportation facilities, water or wastewater management facilities and infrastructure, technology infrastructure, roads, highways, bridges, and other public infrastructure and government facilities for the benefit of residents of this state, and that a public -private partnership has demonstrated that it can meet the needs by improving the schedule for delivery, lowering the cost, and providing other benefits to the public; and WHEREAS, the Florida Legislature recently found that procuring public -private partnerships and unsolicited proposals serve a public purpose if such procurements facilitate the timely development or operation of a qualifying project as defined in Section 287.05712, F.S.; and WHEREAS, the purpose of this Ordinance is to define the procurement procedures to be used by the City for public -private partnerships and unsolicited proposals in a manner consistent with Section 287.05712, F.S.; and WHEREAS the purpose of this legislation, sometimes referred to as "Public -Private City of Miami Page 1 of 7 File Id: 13-01347 (Version: 4) Printed On: 4/1/2014 File Number: 13-01347 Partnerships" or "P3s" is to facilitate the construction, delivery, financing, operation and maintenance of eligible public buildings and infrastructure projects; and, WHEREAS, because Section 3 (f) (iii) and Sections 29 A-D of the City Charter as well as Chapter 18, Article V of the Code of the City of Miami, Florida, as amended "(City Code"), specifically govern the sale or lease of City -owned real property, and further because Section 18-72 (b) (2) of the City Code, specifically excludes real property from the Procurement Ordinance, this ordinance does not apply to City -owned real property; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted and incorporated as if fully set forth in this Section. Section 2. Chapter 18/Article III/ of the City Code, entitled "Finance/City of Miami Procurement Ordinance", is further amended in the following particulars:{1} "CHAPTER 18 FINANCE ARTICLE III. CITY OF MIAMI PROCUREMENT ORDINANCE Sec. 18-118. Public -private partnerships. .(g2The City hereby adopts F.S. § 287.05712, "Public -private partnerships", and expressly incorporates it by reference into the City procurement ordinance. &Definitions. For purposes of this section, the words defined in F.S. § 287.05712 (1): (entitled "Definitions") including, without limitation, "Qualifying Project," shall have the same meaning in this section ,& Conditions for use. (1) Competitive negotiations/competitive sealed proposals may be used for a Qualifying Project in which it is both practicable and advantageous for the City to consider a range of competing plans, specifications, standards, terms and conditions so that adequate competition will result and award be made not principally on the basis of price, but to the respondent whose proposal contains the most advantageous combination of price, quality or other features. All contracts shall be signed by the City Manager. (2) A contract may be entered into by use of the competitive negotiation/competitive sealed proposal methods when: a, The chief procurement officer determines that the complex specialized nature or technical details of a particular procurement make the use of competitive sealed bidding either not practicable or unreasonable, or not advantageous to the City; or City of Miami Page 2 of 7 File Id: 13-01347 (Version: 4) Printed On: 4/1/2014 File Number: 13-01347 b. Specifications or scope of work cannot be fairly or objectively prepared so as to permit competition in the invitation for bids; or c. Qualifications and the quality of the service to be delivered can be considered more important than price. LcaCompetitive sealed proposal method. Where the contract exceeds $50,000.00, the City may utilize the following competitive sealed proposal method: (11 Request for proposals (RFP), request for letters of interest (RFLI), or request for qualifications (RFQ) setting forth the terms and conditions of the professional or.personal services sought for the qualifying project, including but not limited to, scope of work and evaluation factors, shall be issued. The RFP, RFLI, or RFQ, as applicable, may, in the exercise of the reasonable professional discretion of the City Manager, director of the using agency, and the chief procurement officer, include a five percent (5%) evaluation criterion in favor of proposers who maintain a local office, as defined in Section 18-78. In such cases, where applicable, this five percent (5%) evaluation criterion in favor of proposers who maintain a local office will be specifically defined in the RFP, RFLI or RFQ. (2) Financing. Public -private partnerships traditionally involve long-term financing agreements between the parties. RFPs, RFLIs or RFQs for a qualifying project that contemplate long-term financing wherein the City would incur a debt obligation must be reviewed and approved in advance of advertisement as to form by the finance committee of the City. . Mailing lists. Lists of prospective proposers/respondents may be compiled pursuant to section 18-85 (competitive sealed bidding). (4), Public notice. Adequate public notice in a newspaper of general circulation shall be provided pursuant to section 18-85. Pre -proposal conference. A pre -proposal conference may be conducted to explain the requirements of the proposed procurement and shall be announced to all prospective proposers known to have received an RFP, RFLI, or RFQ. Conferences should be held long enough after the RFP, RFLI, or RFQ has been issued to allow prospective proposers to become familiar with the proposed procurement, but sufficiently before receipt of proposal to allow consideration of the conference results in preparing their proposals. Nothing stated at a pre -proposal conference shall change the RFP, RFLI, or RFQ unless a change is made by written addendum, which shall be supplied to all those prospective proposers known to have received a RFP, RFLI, or RFQ. All pre -proposal conferences shall be recorded and be maintained as a public record. (6), Receipt of proposals. Sealed proposals must be received by the City Clerk no later than the time and date specified for submission in the RFP, RFLI, or RFQ. The name of each proposer shall be recorded by the City Clerk or his designee, and the record and each proposal, to the extent consistent with applicable state law, shall be open to public inspection. (7) Proposal evaluation. An evaluation committee shall be appointed by the City Manager for the purpose of evaluating proposals based upon the criteria contained in the RFP, RFLI or RFQ. No other factors or criteria shall be used in the evaluation. As may be provided in the RFP, RFLI or RFQ, proposers may be invited to make oral presentations regarding their proposals. The recommendations of the evaluation committee shall be submitted to the City Manager. In the event only one (1) proposal is received, the evaluation committee may proceed with the evaluation, or request the City Manager to reject all proposals, whichever is in the best interests of the City. City of Miami Page 3 of 7 File Id: 13-01347 (Version: 4) Printed On: 4/1/2014 File Number: 13-01347 a, After reviewing the evaluation committee's recommendation, the City Manager may: 1. Approve the recommendation of the evaluation committee, written notice of which shall be provided to all proposers, and the City Manager shall then submit his recommendation to the City Commission; 2, Reject the evaluation committee's recommendation and instruct the evaluation committee to re-evaluate and make further recommendations; 3. Reject all proposals; or 4. Recommend that the City Commission reject all proposals. Award. For agreements that involve long-term financing wherein the City would incur a debt obligation, the City Manager's award recommendation shall be reviewed and approved by the finance committee of the City before being submitted for consideration by the City Commission. Award shall be made to the responsive and responsible proposer whose proposal is most advantageous to the City as determined by the City Commission in accordance with the evaluation criteria contained in the RFP, RFLI or RFQ. a. After reviewing the City Manager's recommendation, the City Commission may: 1. Approve the City Manager's recommendation and authorize contract negotiations', 2. Reject all proposals; 3. Reject all proposals and instruct the City Manager to reissue a solicitation; or 4, Reject all proposals and instruct the City Manager to enter into competitive negotiations with at least three (3) individuals or firms possessing the ability to perform such services and obtain information from said individuals or firms relating to experience, qualifications and the proposed cost or fee for said services, and make a recommendation to the City Commission. The decision of the City Commission shall be final. Written notice of the award shall be given to the successful proposer. Threshold amounts referenced herein shall include the values associated with potential options of renewal. Awards made by the City Manager or by the City Commission shall include authority for all subsequent options of renewal, if any, The aforementioned options of renewal shall be exercisable at the option of the City Manager if, after review of past performance under the contract, the City Manager determines in his/her sole discretion that exercise of the option of renewal is in the best interest of the City. Sec. 18-119. Unsolicited proposals. (al The City hereby adopts F.S. § 287.05712, "Public -private partnerships", and expressly incorporates it as by reference into the City procurement ordinance, as such may be modified. ,[bj. Definitions. For purposes of this section, the following words shall have the same meanings ascribed to them as in F.S. § 287.05712: ,(1�,"Qualifying project" 121 "Private entity" (c) Conditions for use. The City may receive unsolicited proposals for a qualifying project and may City of Miami Page 4 of 7 File Id: 13-01347 (Version: 4) Printed On: 4/1/2014 File Number: 13-01347 thereafter enter into an agreement with a private entity, or a consortium of private entities, for said qualifying project, subject to the procedures and conditions set forth herein. Any unsolicited proposal shall include sufficient detail and information for the City to evaluate the proposal in an objective and timely manner. (d) Application fee, Any private entity or consortium of private entities desiring to submit an unsolicited proposal for a qualifying project shall submit to the City an application fee of twenty-five thousand dollars ($25,000,00) payable to the City in the form of a money order or cashier's check at the time of unsolicited proposal submittal. If the cost of evaluating the unsolicited proposal exceeds twenty-five thousand dollars ($ 25,000,00) the application fee shall be increased to a reasonable fee to pay the costs of evaluating the unsolicited proposal. The proposer will be notified and will promptly pay the balance of the application fee needed to pay the costs of evaluating the unsolicited proposal. As provided for in F.S. § 287.05712(4)(a), the purpose of this application fee is to pay the costs of evaluating the unsolicited proposal. They City may need to engage the services of a private consultant to assist in the evaluation of the unsolicited proposal. The City shall refund any portion of the initial application fee paid in excess of its direct costs associated with evaluating the proposal. (e) Public notice. If the City receives an unsolicited proposal for a qualifying project pursuant to this section and the City desires to enter into an agreement with the private entity or consortium of private entities submitting same, the City shall publish public notice in the Florida Administrative Register and a newspaper of general circulation at least once a week for two (2) weeks stating that the City has received an unsolicited proposal and that the City will accept other proposals for the same qualifying project. The City shall set forth in each such request for proposals the criteria to be evaluated and how such private partner shall be selected from the proposals submitted, The entity submitting the original unsolicited proposal may submit a more detailed proposal in response to the City's notice. The timeframe for allowing other proposals shall be no fewer than 21 days but no more than 120 days after the initial date of publication. A copy of the notice must be mailed to each local government in the affected area of the qualifying project which shall mean Miami -Dade County and/or any municipality and/or special district in which all or a portion of the qualifying project is located. fl Receipt of proposals. Sealed proposals must be received by the City Clerk no later than the time and date specified for submission in the publication. The name of each proposer shall be recorded by the City Clerk or its designee, and the record and each proposal, to the extent consistent with applicable state law, shall be open to public inspection. (g).Proposal evaluation. An evaluation committee shall be appointed by the City Manager for the purpose of evaluating and ranking the proposals based upon factors that include, but are not limited to: professional qualifications and experience, general business terms, innovative design techniques or cost -reduction terms, and finance plans. Proposers may be invited to make oral presentations regarding their proposals, The recommendations of the evaluation committee shall be submitted to the City Manager. In the event only one proposal is received, the evaluation committee may proceed with the evaluation, or request the City Manager to reject all proposals, whichever is in the best interests of the City. (1) After reviewing the evaluation committee's recommendation, the City Manager may: a Approve the recommendation of the evaluation committee, written notice of which shall be provided to all proposers, and the City Manager shall then submit his or her recommendation to the City Commission; b. Reject the evaluation committee's recommendation and instruct the evaluation committee City of Miami Page 5 of 7 File Id: 13-01347 (Version: 4) Printed On: 4/1/2014 File Number: 13-01347 to re-evaluate and make further recommendations; c. Reject all proposals; or d. Recommend that the City Commission reject all proposals. (h) Award. For agreements that involve long-term financing wherein the City would incur a debt obligation, the City Manager's award recommendation shall be reviewed and approved by the finance committee of the City before being submitted for consideration by the City Commission. Award shall be made to the highest -ranked responsible proposer whose proposal is most advantageous to the City as determined by the City Commission in accordance with the criteria the evaluation committee used in evaluating and ranking the proposals. a. After reviewing the City Manager's recommendation, the City Commission may: 1. Approve the City Manager's recommendation and authorize contract negotiations; 2. Reject all proposals; The decision of the City Commission shall be final. Written notice of the award shall be given to the successful proposer. Unsolicited proposals may only be awarded by the City Commission subiect to the procedures set forth herein. Awards made by the City Commission shall include authority for all subsequent options of renewal, if any. The aforementioned options of renewal shall be exercisable at the option of the City Manager if, after review of past performance under the contract, the City Manager determines in his sole discretion that exercise of the option of renewal is in the best interest of the City, All agreements shall be in a form acceptable to the City Commission or City Manager, as applicable, and are subject to approval as to legal from by the City Attorney. The Chief Financial Officer or his designee shall review all finance plans and documents related to the private entity's performance, payment of subcontractors and similar responsibilities. The Director of Risk Management shall review all insurance and related requirements. *II Section 3, If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.{2} APPROVED AS TO FORM AND CORRECTNESS: CTORIA MENDEZ CITY ATTORNEY City of Miami Page 6 of 7 File Id: 13-01347 (Version: 4) Printed On: 4/1/2014 File Number: 13-01347 Footnotes: {1} Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions arenow in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 7 of 7 File Id:.13-01347 (Version: 4) Printed On: 4/1/2014