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Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 16-00891
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
18/ARTICLE III/SECTION(S) 18-118 AND 18-119 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/CITY OF MIAMI
PROCUREMENT ORDINANCE/PUBLIC-PRIVATE PARTNERSHIPS, UNSOLICITED
PROPOSALS", TO REFER TO THE CURRENT FLORIDA STATUTE; CONTAINING A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, at its April 10, 2014 meeting, the City Commission adopted Ordinance No. 13447, to
establish Section 18-118, entitled "Public -Private Partnerships", and Section 18-119, entitled
"Unsolicited Proposals", codifying procurement procedures to be used for public -private partnerships
and unsolicited proposals consistent with Section 287.05712, Florida Statutes; and
WHEREAS, in 2016, the Florida Legislature amended Section 287.05712, Florida Statutes, entitled
"Public -Private Partnerships", and renumbered it as Section 255.065, Florida Statutes; and
WHEREAS, the City Code is being amended to reflect the current Florida Statute;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble of this Ordinance are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 18 is further amended in the following particulars: {1}
"CHAPTER 18
FINANCE
ARTICLE III. CITY OF MIAMI PROCUREMENT ORDINANCE
Sec. 18-118. Public -Private Partnerships
(a) The city hereby adopts F.S. § 287.05712255.065, "Public -private partnerships," and expressly
incorporates it by reference into the city procurement ordinance.
Sec. 18-119. Unsolicited Proposals.
City of Miami
Page 1 of 3 File Id: 16-00891 (Version: 1) Printed On: 6/23/2016
File Number: 16-00891
(a) The city hereby adopts F.S. § 287.05712255.065, "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. § 287.05712255.065(1):
(i) "Qualifying project";
(g) "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
$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
$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)255.065(3)(a)(1), the purpose of this
application fee is to pay the costs of evaluating the unsolicited proposal. The 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.
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}
A'' OVED AS TO FORM AND CORRECTNESS:
V✓' ORIA ENDEZ
CITY ATTORNEY
City of Miami Page 2 of 3 File Id: 16-00891 (Version: 1) Printed On: 6/23/2016
File Number. 16-00891
Footnotes:
{1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall
be added. The remaining provisions are not 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 (10) 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 3 of 3 File Id: 16-00891 (Version: 1) Printed On: 6/23/2016