HomeMy WebLinkAboutO-13447City of Miami
Legislation
Ordinance: 13447
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 13-01347 Final Action Date: 4/10/2014
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
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WHEREAS, when considering and addressing public -private partnerships and unsolicited
proposals the City shall do so in a manner consistent and compliant with Section 287.055, F.S.,
Consultant's Competitive Negotiation Act (CCNA), for architects and engineers in projects where the
basic construction cost exceeds $ 325,000.00; and
WHEREAS in considering and addressing public -private partnerships and unsolicited
proposals the City shall do so in a manner consistent with the applicable provisions of Chapter 255
F.S. involving public construction works, including but not limited to bonding, letters of credit, parent
company, lender, and equity partner guarantees; and
WHEREAS the purpose of this legislation, sometimes referred to as "Public -Private
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.
.( The City hereby adopts F.S. § 287.05712, "Public -private partnerships", and expressly
incorporates it by reference into the City procurement ordinance.
jDefinitions. 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
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meaning in this section
(c) 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
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.
(d) Competitive sealed proposal method. Where the contract exceeds $50,000.00, the City may
utilize the following competitive sealed proposal method:
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 18-73. 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.
g) 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.
g) Mailing lists. Lists of prospective proposers/respondents may be compiled pursuant to
section 18-85 (competitive sealed bidding).
0) 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
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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. This evaluation committee shall be comprised predominantly of individuals who are not
City personnel and which are deemed subject matter experts in the project areas concerned
(for example: an architect, engineer, certified public accountant, financial advisor, etc. who
are certified or registered as required by the law). 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.
a. After reviewing the evaluation committee's recommendation, the City Manager may:
1.
2.
3.
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;
Reject the evaluation committee's recommendation and instruct the
evaluation committee to re-evaluate and make further recommendations;
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
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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 exercised at the option of the City Manager, subject to confirmation by the
City Commission 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.
(q) 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.
(b) 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"
(2) "Private entity"
(c) Conditions for use. The City may receive unsolicited proposals for a qualifying project and may
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 first notify the Commission of the receipt of said
unsolicited proposal by placement of a discussion item on the next available Commission
Meeting Agenda. Upon the Commission's approval to proceed with said unsolicited proposal
project, 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 additionally furnish a copy of the same notice to any
homeowners or neighborhood associations currently registered with the City's Neighborhood
Enhancement Team ("NET") Office.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
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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
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 subject 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 exercised
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at the option of the City Manager, subject to confirmation by the City Commission 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.
*1I
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}
Footnotes:
{1} Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall
be added. The remaining provisions are now 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
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