Miami-Dade Legislative Item
File Number: 130808
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File Number: 130808 File Type: Ordinance Status: Second Reading
Version: 0 Reference: Control: Board of County Commissioners
File Name: PUBLIC PRIVATE PARTNERSHIP Introduced: 4/25/2013
Requester: NONE Cost: Final Action:
Agenda Date: 7/2/2013 Agenda Item Number: 7K
Notes: Title: 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
Indexes: NONE
Sponsors: Juan C. Zapata, Prime Sponsor
  Lynda Bell, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 7/2/2013 7K Amended
REPORT: See Agenda Item 7K Amended; Legislative File No. 132463.

Economic Development & Port Miami Committee 6/13/2013 1F3 Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Jess McCarty read the foregoing ordinance into the record. Chair Bell opened the public hearing, seeing no one come forward in connection with the foregoing proposed ordinance the public hearing was closed. Commissioner Zapata noted there had been many discussions regarding public/private partnerships and recently the State of Florida enacted new statues relating to this ordinance which would help give the foregoing ordinance structure. Chair Bell requested to be listed as a Co-sponsor to the foregoing proposed ordinance. Hearing no comments or questions, the Committee proceeded to vote.

Board of County Commissioners 5/7/2013 Tentatively scheduled for a public hearing Economic Development & Port Miami Committee 6/13/2013

Board of County Commissioners 5/7/2013 4E Adopted on first reading 6/13/2013 P
REPORT: The foregoing proposed ordinance was adopted on first reading and scheduled for a public hearing before the Economic Development and Port Miami Committee on June 13, 2013 at 2:00 p.m.

County Attorney 4/25/2013 Referred Economic Development & Port Miami Committee 6/13/2013

County Attorney 4/25/2013 Assigned Hugo Benitez

Legislative Text


TITLE
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

BODY

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.





Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 4. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.



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