|ORDINANCE CREATING THE MIAMI-DADE COUNTY PUBLIC PRIVATE PARTNERSHIP PROGRAM; ESTABLISHING POLICY; REQUIRING THE PREPARATION AND PERIODIC UPDATE OF A PLAN; PROVIDING FOR A RESOLUTION ESTABLISHING A PUBLIC PRIVATE PARTNERSHIP TASK FORCE; CREATING SECTION 2-8.1.7 OF THE CODE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE|| Amended |
|REPORT: It was moved by Commissioner Zapata to amend the foregoing proposed ordinance. This motion was seconded by Commissioner Bell and upon being put to a vote, passed by a vote of 10-0 (Commissioners Bovo, Barreiro and Jordan were absent).|
Bilzin Sumberg Law Firm This is how they analyze P3:
"Yesterday, the Miami-Dade County Board of Commissioners adopted a resolution establishing a Public Private Partnership Program for the County.
Purpose and Policy of the P3 Resolution
The stated purpose and policy of the resolution very effectively summarizes the case for public-private partnerships. The resolution explains that infrastructure “is a vital and foundational element in the future of Miami-Dade County,” but that the County’s infrastructure requires “significant and on-going improvements and upgrades” and “funding from traditional sources” for these important projects is “inconsistent and unpredictable, with demand for funding clearly exceeding the resources available.” Accordingly, “it is in the best interest of the County to work collaboratively” with private investors and organizations to establish and implement alternative financing methods for appropriate projects.
The resolution was sponsored by recently elected Commissioner Juan Zapata, who explained at the June 13 meeting of the Economic Development and Port Miami Committee that the resolution is intended to align County P3 regulations with the newly adopted state statute and to create a roadmap to establish productive P3s in the County that are based upon the best practices implemented in other communities. The Economic Development and Port Miami Committee agreed with these goals and unanimously recommended the resolution for adoption, with Commissioner Lynda Bell, the chair of the committee, offering to co-sponsor the resolution.
Facilitating P3s in Miami-Dade County
Pursuant to the new resolution, the Mayor is charged with creating a written P3 plan within 90 days of the effective date of the resolution. The P3 plan will identify model PPPs throughout the County, best practices, County infrastructure projects that could benefit from PPPs, and proposed legislative changes to streamline the P3 process. The plan will be submitted to the Infrastructure Committee for review and approval and, after the initial plan is approved, the plan will be updated and resubmitted to the Committee every six months.
The new County resolution, combined with the new state legislation, which was signed by Governor Rick Scott last Thursday, improves the legal climate for public-private partnerships in South Florida and throughout the state."Sosa was worried about:
(3) Specifications and Contracting. To promote the use of public private partnerships, the Mayor shall, consistent with applicable law, develop simplified specifications to identify and solicit public private partnership contracting opportunities.Look at HOW RUDE LYNDA BELL IS to Commission Sosa discussing this:
Here is the Body of the resolution note: The foregoing proposed ordinance was adopted as amended on handwritten page 5, under Section 1, to remove subsections 3 and 4; and to add the following language to subsection 2 to state: “…that the plan shall also contain the Mayor’s recommendation for simplification of specifications” with an instruction to Assistant County Attorney Hugo Benitez to draft the language contained in sections 1 and 2 in the form of a resolution.
The amended version of the foregoing ordinance was assigned Ordinance
BODY (doesn't include changes made)
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 2-8.1.7 is hereby created to read as follows in its entirety:
Sec. 2-8.1.7. Public Private Partnership Program
(1) Purpose and Policy. Infrastructure is a vital and foundational element in the future of Miami-Dade County and the County’s infrastructure including its mass transit facilities, airport and seaport, fuel supply facilities, medical or nursing care facilities, recreational facilities, sporting facilities and water and wastewater facilities require significant and on-going improvements and upgrades. Infrastructure funding from traditional sources, including State and Federal are often unavailing, inconsistent and unpredictable, with demand for funding clearly exceeding the resources available. A range of private investors and organizations have demonstrated a growing interest throughout the country in long-term infrastructure investments. It is in the best interest of the County to work collaboratively with such investors, to provide a structure and simplify its procurement policies and practices to allow for such alternative financing for appropriate projects in order to meet the County’s infrastructure needs, all consistent with the protection of the transparency and integrity of public contracting. To give effect to this intent, the Public Private Partnership Program of Miami-Dade County is hereby created.
(2) Public Private Partnership Plan. The Mayor shall develop, and deliver to the Board of County Commissioners within ninety days following the effective date of this Section a written plan to maximize the use of public private partnerships in County projects (the “Plan”). The Plan shall contain, at a minimum, a list of projects considered suitable for public private partnerships arrangements, a timeline for their completion, and an identification of potential advantages and disadvantages of the delivery method in connection with each project. The Plan shall contain proposed legislative recommendations to simplify the County processes utilized to identify, solicit, evaluate, and contract for private investment opportunities consistent with applicable law. In particular, and without limitation to the foregoing, the Plan shall propose an amendment to the provisions of this Code governing unsolicited proposals, to simplify them, conform them to additional authorizations that may have resulted from amendments to the State law, and make them more effective. The Plan shall also contain a description of similar projects in other communities in the United States which may be used as a model. The Plan shall be updated and reported to the Board of County Commissioners, through its Infrastructure Committee, every six months. The Plan shall be subject to Board approval.
(3) Specifications and Contracting. To promote the use of public private partnerships, the Mayor shall, consistent with applicable law, develop simplified specifications to identify and solicit public private partnership contracting opportunities.
(4) Public Private Partnership Task Force. The Board may by separate resolution establish a public private partnership task force to enhance the County’s use of public private partnerships consistent with the policies set forth in this Section.