P3 Ordinance Adopted by City of Miami

Bilzin Sumberg Client Alert
Client Alert
July 17, 2014

The City of Miami recently adopted a Public Private Partnership ordinance as an endorsement of the usage of public-private partnership as a procurement method for public projects in South Florida. The ordinance stresses the need for collaboration between private investors and the City to establish and implement alternative financing methods for projects. The ordinance confirms that the climate for major infrastructure projects is especially ripe in Miami. The City's P3 ordinance is consistent with the recently passed state legislation, Section 287.05712, Florida statutes. A few notable aspects of the ordinance include:

• A 5% evaluation criterion exists in favor of proposers who maintain a local office.

• For the purpose of proposal valuation, the 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.

• Awards that involve long-term financing wherein the City would incur a debt, the City Manager's award recommendation will be reviewed and approved by the finance committee of the City before submission for consideration by the City Commission.

• The application fee is $25,000 for unsolicited proposals. If the cost of evaluating the unsolicited proposal exceed $25,000, the application fee shall be increased accordingly.

• If the City receives an unsolicited proposal from a private entity and desires to enter into an agreement, it is obligated to publish public notice and will accept other proposals for the same qualifying project between 21 to 120 days after the initial date of public notice.

Finally, please note that the City's ordinance does not apply to the sale or lease of City-owned real property, which continue to be governed by other sections of the City Charter and Code.

Overall, the City's adoption of this ordinance signals its receptiveness to public-private partnerships and innovative input from the private sector.

Albert E. Dotson, Jr.
Chief Executive Officer & Managing Partner
Rena Kelley
Of Counsel
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