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Ordinance: 13639
File Number: 1018
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 10/13/2016
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.
SPONSOR(S): Office of the City Attorney
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:'
"CHAPTER 18
FINANCE
ARTICLE III. CITY OF MIAMI PROCUREMENT ORDINANCE
Sec. 18-118. Public -Private Partnerships
' 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.
City of Miami Page 1 of 3 File ID: 1018 (Revision:) Printed On: 6/4/2018
File ID: 1018
Enactment Number: 13639
(a) The city hereby adopts F.S. § 2R7 OF471 =255.065, "Public-private partnerships," and
expressly incorporates it by reference into the city procurement ordinance.
Sec. 18-119. Unsolicited Proposals.
(a) The city hereby adopts F.S. § 2R7 OE71 =255.065, "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. § 2R7 OF471 =255.065(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. §
297.05712(4`-a`255.065(3)(a)(11, 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.
*If
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
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 2 of 3 File ID: 1018 (Revision:) Printed on: 6/4/2018
File ID: 1018
APPROVED AS TO FORM AND CORRECTNESS:
1
ria ' ndez, Cify Attor iey 10/312016
Enactment Number: 13639
City of Miami Page 3 of 3 File ID: 1018 (Revision:) Printed on: 6/4/2018