HomeMy WebLinkAbout2024-005-474_-_Public_Private_Partnerships_-_Adopted.docxORDINANCE NO. 2024-005-474
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AMENDING CHAPTER 2,
ARTICLE IX, DIVISION 7 ENTITLED “PUBLIC-PRIVATE
PARTNERSHIPS”; PROVIDING FOR ADOPTION OF
REPRESENTATIONS; REPEALING ALL ORDINANCES IN
CONFLICT; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR INCLUSION IN CODE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on January 12, 2022, the City adopted Ordinance No. 2022-001-442,
creating the policy and procedures for the City to engage in Public-Private Partnerships
pursuant to F.S. § 255.065, and
WHEREAS, on April 2, 2024, House Bill (HB) 781 passed the Legislature and will
become law on July 1, 2024, and
WHEREAS, HB 781 provides an optional process for local governments to
proceed with unsolicited proposals without engaging in a public bidding process, and
WHEREAS, City Manager recommends that the City Council amend Chapter 2,
Article IX, Division 7 entitled “Public-Private Partnerships” of the City of Miami Gardens
Code of Ordinances to adopt the changes reflected in HB 781,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA, AS FOLLOWS:
Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas
paragraphs are hereby ratified and confirmed as being true, and the same are hereby
made a specific part of this Ordinance.
Section 2. AMENDMENT: That the Code of Ordinances, City of Miami Gardens,
Florida, is hereby amended as follows:
Sec. 2-832. – Procurement procedures
(a) Unsolicited proposals. The city may receive unsolicited proposals for qualifying
projects and may, thereafter, enter into a comprehensive agreement with a private
entity. The unsolicited proposals must include:
(5) 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 the same, the city shall:
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a. Notify the city council of the receipt of said unsolicited proposal by
placement of a discussion item on the next available city council meeting
agenda.
b. Upon the city council's approval to proceed with said unsolicited proposal
project, the city may shall publish public notice in the Florida Administrative
Register and a local newspaper of general circulation at least once a week
for two weeks, on the city's procurement website and/or via the on-line
procurement/bidding platform, and a newspaper of general circulation at
least once a week for a minimum of two weeks stating that the city has
received an unsolicited proposal and that the city will accept other
proposals for the same qualifying project.
(8) The city may proceed with an unsolicited proposal for a qualifying project
without engaging in a public bidding process if the city holds a duly noticed
public meeting at which the proposal is presented and affected public entities
and members of the public are able to provide comment and at a second duly
noticed public meeting which determines that the proposal is in the public's
interest. In making the public interest determination, the city shall consider all
of the following factors:
a. The benefits to the public.
b. The financial structure of and the economic efficiencies achieved by the
proposal.
c. The qualifications and experience of the private entity that submitted the
proposal and such entity's ability to perform the project.
d. The project's compatibility with regional infrastructure plans.
e. Public comments submitted at the meeting. The city must provide a
statement that explains why the proposal should proceed and address such
comments.
(9) If the city decides to proceed with an unsolicited proposal without engaging in
a public bidding process, the city shall publish in the Florida Administrative
Register for at least 7 days a report that includes all of the following:
a. The public interest determination required under paragraph (8).
b. The factors considered in making such public interest determination.
c. The city's findings based on each considered factor.
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(b) Approval of comprehensive agreement. Before approving a comprehensive
agreement, as such term is described below and in accordance with F.S. §
255.065, with any private entity, the city must determine that the proposed project:
(1) Is in the public’s best interest, if the proposal was solicited. If the proposal
was unsolicited, the city must determine that the proposed project has been
determined to be in the public's interest in accordance with paragraph (8).
(2) Is for a facility that is owned by the city or for a facility for which ownership
will be conveyed to the city. For a proposed project that was unsolicited, if
ownership will not be conveyed to the city within 10 years after initial public
operation begins, the public benefits apart from ownership must be
identified and stated by the city in the public interest determination required
under paragraph (8).
(3) Has adequate safeguards in place to ensure that:
a. additional costs or service disruptions are not imposed on the public
in the event of material default or cancellation of the comprehensive
agreement by the city.
b. the city or private entity has the opportunity to add capacity to the
proposed project or other facilities serving similar predominantly
public purposes.
(4) If the proposal was solicited, will be owned by the city upon completion,
expiration, or termination of the comprehensive agreement and upon
payment of the amounts financed.
(c) Project qualifications and process. The city must ensure that any comprehensive
agreement entered into between the city and a private entity, at a minimum,
ensures that:
(1) Provision is made for the private entity's performance and payment of
subcontractors, including, but not limited to, surety bonds, letters of credit,
parent company guarantees, and lender and equity partner guarantees.
For the components of the qualifying project which involve construction
performance and payment, bonds are required and are subject to the
recordation, notice, suit limitation, and other requirements of F.S. §
255.05.
a. The most efficient pricing of the security package that provides for
the performance and payment of subcontractors.
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b. The comprehensive agreement addresses termination upon a
material default of the comprehensive agreement.
(2) After the public notification period has expired in the case of an unsolicited
proposal that is submitted and noticed for public bidding, After the deadline
for submitting proposals has expired, the city shall rank the proposals
received in order of preference based on factor that include, but are not
limited to, professional qualifications, general business terms, innovative
design techniques or cost-reduction terms, and finance plans. The city
may then begin negotiations for a comprehensive agreement with the
highest-ranked firm.
Section 3. CONFLICT: All ordinances or Code provisions in conflict herewith are
hereby repealed.
Section 4. SEVERABILITY: If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid or unconstitutional by any
court of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the remaining
portions of this Ordinance.
Section 5. INCLUSION IN CODE: It is the intention of the City Council of the City
of Miami Gardens that the provisions of this Ordinance shall become and be made a
part of the Code of Ordinances of the City of Miami Gardens and that the section of this
Ordinance may be renumbered or relettered and the word “Ordinance” may be changed
to “Chapter,” “Section,” “Article” or such other appropriate word or phrase, the use of
which shall accomplish the intentions herein expressed.
Section 6. EFFECTIVE DATE: This Ordinance shall become effective on July 1,
2024.
PASSED ON FIRST READING ON THE 12TH DAY OF JUNE, 2024.
PASSED ON SECOND READING ON THE 10TH DAY OF JULY, 2024.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS
AT ITS REGULAR MEETING HELD ON JULY 10, 2024.
________________________________
RODNEY HARRIS, MAYOR
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ATTEST:
________________________________
MARIO BATAILLE, CMC, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
SPONSORED BY: CAMERON BENSON, CITY MANAGER
Moved by: Councilman Leon
Seconded by: Councilwoman Julien
VOTE: 6-0
Mayor Harris Yes
Vice Mayor Wilson Yes
Councilwoman Campbell Yes
Councilwoman Ighodaro Yes
Councilwoman Julien Yes
Councilman Leon Yes
Councilman Stephens, III Absent
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