HomeMy WebLinkAboutProcurement Department-Public-Private Partnerships (P3's) PresentationCITY OF MIAMI
NEW PROCUREMENT ORDINANCE:
SECTION 18-1 18, PUBLIC -PRIVATE PARTNERSHIPS (P3's)
AND
SECTION 18-1 19, UNSOLICITED PROPOSALS
Background Information:
The P3 and Unsolicited Proposal Ordinance provide
new procurement tools not available to the City
prior to the passing of Section 287,05712 of the
Florida Statutes.
• Per the statute and our ordinance, the City can
better address the "public need" for "timely" and
"cost-effective" improvements or upgrades to
facilities and infrastructure in spite of having
insufficient resources to do so.
• These new procurement tools would better equip
the City to more adequately satisfy its current
"public needs."
PLEASE NOTE THIS NEW ORDINANCE IS "NOT"
APPLICABLE TO CITY -OWNED REAL PROPERTY.
City Code Chapter 18, Article III (City of Miami
Procurement Ordinance), specifically Section 18-
72(b)(2), expressly lists the "sale or lease of City -
owned real property" as one of the "exclusions"
to the City's Procurement Ordinance.
Concerning this same exclusion, it is City Charter
Sections 3(f)(iii) and 29A-D, as well as City Code
Chapter 18, Article V (Sale or Lease of City's
Real Property), which expressly and specifically
govern the "sale or lease of City -owned real
property" including, but not limited to, waterfront
property.
P3's facilitate the following:
• Financing — the P3 financing mechanism allows
the City to immediately move forward with
projects in spite of not having the readily
available funding necessary to do so.
• Construction — the private entity would be
responsible for the project's construction,
completion, operation, and/or maintenance, and
not the City.
• Delivery — the P3 would allow the City to
immediately advance the completion and delivery
of its projects regardless of whether it has the
necessary resources to do so at that point in
time.
Eligible Projects: "Qualifying Projects"
Pursuant to the statute and our ordinance, the eligible
projects are "qualifying projects" which are those serving a
"public purpose" and consisting of the following:
.L. Facilities or Infrastructure — used for transit, parking,
recreational, educational, sporting or cultural purposes.
2. Improvements — for a building utilized for a public
purpose, inclusive of equipment.
3. Water Management Facilities — inclusive of related
projects.
4. Commission Designated Projects — if pertaining to a
facility owned or operated by the City.
Per Section 18-118, Public -Private Partnerships:
1 "Qualifying Projects" — are the eligible projects.
2. Competitive Negotiations/Competitive Sealed
Proposals — when "practicable" and "advantageous,"
the City may consider competing plans via requests
for proposals (RFP's), requests for letters of interest
(RFLI's), and requests for qualifications (RFQ's)
comparable to City Code Section 18-86, Competitive
Negotiations/Competitive Sealed Proposals.
3. Financing — when City long-term financing of a debt
obligation is involved, the City's Finance Committee
shall review and approve both the RFP, RFLI, or RFQ
prior to advertisement and the resultant City
Manager's award recommendation thereafter the
evaluation of the responses received.
Per Section 18-119, Unsolicited Proposals:
1 "Qualifying Projects" — are the eligible projects.
2. Unsolicited Proposal — shall include "sufficient
detail and information" for the City to evaluate the
proposal in an objective and timely manner.
3 Application Fee — shall be submitted with the
unsolicited proposal for payment of the City's costs of
evaluating the same.
4 Public Notice — the City shall publish a public notice
in the "Florida Administrative Register" and in a
newspaper of general circulation, for a minimum of 21
days and a maximum of 120 days, providing the
evaluation criteria that will be used for the selection.
Continued from previous slide:
5. Financing — when City long-term financing of a debt
obligation is involved, the City's Finance Committee
shall review and approve the resultant City
Manager's award recommendation thereafter the
evaluation of the responses received.
"Reasonable Application Fee"
• In accord with the statute and our ordinance, the City
may establish a "reasonable application fee" for the
submission of an unsolicited proposal.
• Concerning the same, the required fee "must be
sufficient to pay the costs of evaluating the
proposal."
• The City's application fee is $25,000.00 and compares
with the following agencies and their respective fees for
the same:
Florida Department of Transportation (FDOT) —
$50,000.00.
Miami -Dade County — $25,000.00
Miami -Dade Expressway Authority (MDX) — $20,000.00.
Application Fee Information:
• Payment of Costs — the application fee accounts for the
administrative costs of City personnel assigned to this task
as well as the private consultant costs, if such services are
necessary, to assist with the City's evaluation of the
proposal.
• Costs Exceeding the Initial Application Fee — if the
evaluation costs exceed the initial application fee, the
private entity will be notified for prompt payment of the
pending balance.
• Refund of Unused Portion — pursuant to our ordinance,
the "City shall refund any portion of the initial
application fee paid in excess of its direct costs
associated with evaluating the proposal."
Conclusion
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