25-036 ORDINANCE NO. 25-036
1
2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
3 BOYNTON BEACH, FLORIDA, ADDING CHAPTER 2, ARTICLE IV,
4 SECTION 2-60 TO THE CITY CODE OF ORDINANCES ENTITLED
5 "PUBLIC-PRIVATE PARTNERSHIPS;" ESTABLISHING PROCEDURES FOR
6 PUBLIC-PRIVATE PARTNERSHIPS AND UNSOLICITED PROPOSALS;
7 PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY;
8 PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE
9 DATE.
10
11 WHEREAS, the City Commission of the City of Boynton Beach, Florida, has established a
12 purchasing policy for the fair and equitable method of administering purchases of goods and
13 services to maximize the purchasing value of public funds; and
14 WHEREAS, on February 17, 2015, the City Commission passed Resolution No. R15-020 to
15 establish a non-exclusive procurement process for public-private partnerships consistent with
16 prior statute section 287.05712, Florida Statutes; and
17 WHEREAS, section 255.065, Florida Statutes (the "P3 Statute" as amended from time to
18 time) was recently amended by the Florida Legislature through Florida HB 781, effective July 1,
19 2024, to modify the manner in which local governments consider and proceed with unsolicited
20 proposals for public-private partnerships; and
21 WHEREAS, to promote the efficient and effective use of the public-private partnership
22 method of project delivery, the City Commission desires to amend the City Code to align with the
23 new approval methods afforded by Florida HB 781 (2024), and section 255.065, Florida Statutes;
24 and
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ORDINANCE NO. 25-036
25 WHEREAS, the City Commission has determined that this amendment serves the public
26 health, safety, and welfare of the citizens of the City of Boynton Beach.
27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
28 BOYNTON BEACH, FLORIDA:
29 Section 1: The foregoing "WHEREAS" clauses are hereby ratified as being true and
30 correct and are hereby made a specific part of this Ordinance upon adoption hereof.
31 Section 2: Code of Ordinances Chapter 2, "Administration," Article IV, "Purchasing and
32 Consultants," Section 2-60 "Reserved" is hereby amended to read as follows:
33 Sec. 2-60. Public-private partnerships: unsolicited proposals
34 (a) Po/icy and intent. The City Commission hereby fully adopts for the best interests of the City,
35 and for the benefit of residents and businesses in the City and of the community, the
36 legislative findings and intent set forth in section 255.065, Florida Statutes, entitled "Public-
37 private partnerships" as amended from time to time, as such statute relates to public-private
38 partnerships ("P3s"), unsolicited proposals, public records and public meetings exceptions,
39 and other matters set forth in this statute. This Code section is cumulative and supplemental
40 to this Statute, and other authority and power as vested in the City of Boynton Beach by
41 section 166.011, Florida Statutes, et seq., the "Municipal Home Rule Powers Act," the City
42 Charter, and Code of Ordinances of the City of Boynton Beach. This section, whenever
43 applicable, provides an alternative method of contracting and will not be deemed to limit
44 the power and authority of the City Commission to procure, finance, operate, or maintain any
45 public improvements, goods, or services. It is the City's intent that the public records and
46 meetings exception, as applicable and as amended, will apply to such records and meetings
47 as allowed by Florida law. The City will use reasonable efforts to protect the confidentiality
48 of documents exempted by general law from disclosure to the extent provided by law.
49 (b) Definitions. Except as otherwise specifically set herein, the City adopts the definitions set
50 forth in section 255.065, Florida Statutes, as amended from time to time. For the purposes of
51 this section, the following definitions shall apply to the City:
52 (1) City means the City of Boynton Beach, Florida.
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ORDINANCE NO. 25-036
53 (2) City Manager includes the City Manager or the City Manager's designee.
54 (3) Comprehensive agreement means the contract between the City and a private entity for
55 a qualifying project as defined in section 255.065, Florida Statutes.
56 (4) P3 means a public-private partnership contractual arrangement between the City and a
57 private entity to design, build, finance, operate, or maintain a qualifying project.
58 (5) Responsible public entity means the City of Boynton Beach, inclusive of all departments,
59 agencies, and instrumentalities.
60 (6) Value for money analysis means a process used to compare the financial impacts of a
61 public-private partnership method of delivery with traditional public delivery
62 alternatives, including present value life-cycle costs, risk allocation, and opportunity
63 costs.
64 u Application Fee. A private entity submitting an unsolicited proposal must pay an initial
65 application fee of twenty-five thousand dollars ($25,000) by cash, cashier's check, or other
66 non-cancelable instrument. Personal checks will not be accepted.If the initial application fee
67 does not cover the City's costs to evaluate the proposal, the City shall request additional
68 amounts in writing. The private entity must pay additional amounts within thirty (30) days
69 of written notice, or the City may cease review of the proposal. Any unused portion of fees
70 shall be refunded to the private entity upon completion of the evaluation process.
71 (d) Unsolicited Proposal Requirements. An unsolicited proposal must include the following
72 minimum information:
73 (1) Description of the qualifying project, including conceptual design, schedule, and scope
74 of services;
75 (2) Description of the method to secure necessary property interests;
76 (3) General financing plans, including funding sources and proposed debt or equity
77 investment;
78 (4) Contact information for the private entity;
79 (5) Proposed user fees, lease payments, or service payments and methodology for changes
80 over time;
81 (6) Detailed financial analysis of the proposed project;
82 (7) Community impact assessment and stakeholder engagement plan;
83 (8) Evidence that the private entity meets minimum qualification standards;
84 (9) Any additional information reasonably requested by the City Manager.
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85 After completing review of the proposal, if the proposal is deemed sufficient, the City
86 Manager may choose to proceed with the Competitive Process (e), Alternative Process for
87 Qualifying Projects (1), or reject the proposal if determined not to be in the best interest of
88 the City.
89 (e) Competitive Process.
90 (1) Public Notice and Competition. If the City Manager receives an unsolicited proposal
91 and intends to consider a comprehensive agreement, the City shall publish notice in the
92 Florida Administrative Register and a newspaper of general circulation or the City website,
93 or such other method authorized by applicable law, at least once per week for two (2)
94 weeks stating that the City has received a proposal and will accept other proposals for the
95 same project. The timeframe for accepting other proposals shall be at least twenty-one
96 (21) days but no more than one hundred twenty (120) days after initial publication, unless
97 otherwise determined by the City Commission in accordance with section 255.065, Florida
98 Statutes. Notice shall be mailed to each local government in the affected area.
99 (2) Evaluation and Selection. The City Manager shall establish an evaluation committee to
100 review and rank proposals based on factors including professional qualifications, business
101 terms, innovative design or cost-reduction techniques, and financial plans. The evaluation
102 committee may include City staff, subject matter experts, consultants, or other persons as
103 determined by the City Manager or designee. Recommendations shall be submitted to the
104 City Manager and then to the City Commission for further evaluation and final
105 determination, as further set forth herein.
106 (3) Projects Including Design Work If a solicited qualifying project includes design work,
107 the solicitation must include a design criteria package meeting the requirements of section
108 255.065, Florida Statutes.
109 If Alternative Process for Qualifying Projects. The City Commission may proceed with an
110 unsolicited proposal without engaging in the competitive bidding process described in
111 section (e) above, if the City holds two duly noticed public meetings. The first meeting shall
112 present the proposal and allow the public and affected entities to comment. The second
113 meeting shall determine that the proposal is in the public's best interest by considering the
114 benefits to the public, the financial structure and economic efficiencies of the proposal, the
115 private entity's qualifications and experience, the project's compatibility with regional
116 infrastructure plans, and public comments and responses thereto. If proceeding without
117 competitive bidding, the City must publish a report in the Florida Administrative Register for
118 at least seven days, including the public interest determination, factors considered, and
119 findings based on each considered factor. The City must also provide a statement that
120 explains why the proposal should proceed and addresses public comments.
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121 (g) Value for Money Analysis. For projects with estimated costs of fifty million dollars
122 ($50,000,000) or more, the City shall require a value-for-money analysis comparing the
123 public-private partnership approach to traditional procurement methods. Notwithstanding
124 the foregoing, the City Manager or City Commission may require a value-for-money analysis
125 to be completed for any project, regardless of cost.
126 (h) City Commission Approval. All interim agreements and comprehensive agreements require
127 City Commission approval. Before approving a comprehensive agreement, the City
128 Commission must determine that:
129 (1) The project is in the public's best interest;
130 (2) The project involves City-owned facilities or facilities that will be conveyed to the City,
131 unless meeting an exemption under 255.065, Florida Statutes;
132 (3) Adequate safeguards exist to protect against additional public costs or service
133 disruptions in the event of material default or cancellation of the comprehensive agreement;
134 (4) Adequate safeguards exist for adding capacity to the project;
135 (5) The private entity has appropriate qualifications and financial capacity, and a reasonable
136 finance plan consistent with the requirements in section 255.065, Florida Statutes;
137 (6) The project cost is reasonable compared to similar facilities;
138 (7) The project is a qualifying project as defined in 255.065, Florida Statutes; and
139 (8) The agreement will result in timely project delivery.
140 The City Commission may approve an interim agreement before or in connection with the
141 negotiation of a comprehensive agreement with the private entity proposing the
142 development or operation of the qualifying project in accordance with the requirements of
143 section 255.065, Florida Statutes, or may proceed directly with a comprehensive agreement.
144 The comprehensive agreement shall include all applicable statutory requirements.
145 ll Performance and Payment Security. The City shall require appropriate performance and
146 payment bonds, letters of credit, or other acceptable security as determined by the City's
147 Manager or the City Manager's designee. Construction components shall comply with
148 section 255.05, Florida Statutes, regarding performance and payment bonds.
149 ID Insurance Requirements. Private entities must maintain public liability insurance or self-
150 insurance in amounts satisfactory to the City and reasonably sufficient to ensure coverage
151 of tort liability and continued project operation. The City shall be named as additional
152 insured on all policies.
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153 (k) Public Records. If a private entity believes information submitted is exempt from public
154 records disclosure, the entity must expressly identify the statutory basis for the claimed
155 exemption and segregate exempt information. The City will make reasonable efforts to
156 protect the confidentiality of exempt information as provided by law.
157 u Rejection of Proposals. The City expressly reserves the right to reject any or all proposals at
158 any point in the process prior to execution of a comprehensive agreement. No
159 recommendations, actions, or decisions under this section may be protested, and the City's
160 bid protest procedures shall not apply to public-private partnerships.
161 (m) Sovereign Immunity. Nothing in this section waives the City's sovereign immunity beyond
162 the limits established by Florida law, including section 768.28, Florida Statutes.
163 (n) Professional Services. This section does not apply to stand-alone professional services as
164 defined in section 287.055, Florida Statutes, or professional services procured in design-
165 build projects outside the context of public-private partnerships. Such services shall continue
166 to be procured under section 287.055, Florida Statutes, and applicable City Code provisions.
167 This section applies to any public-private partnerships and/or unsolicited proposals that have
168 not been affirmatively voted on by the City Commission at the time of adoption to proceed with
169 the procedures set forth by section 255.065, Florida Statutes, as amended.
170
171 Section 3: Codification. It is the intention of the City Commission of the City of
172 Boynton Beach, and it is hereby ordained that the provisions of this Ordinance shall become and
173 be made a part of the Code and Ordinances of the City of Boynton Beach, Florida, and that
174 Sections of this Ordinance may be renumbered, re-lettered and the word "Ordinance" may be
175 changed to "Section," "Article," or such other word or phrase in order to accomplish such intention.
176 Section 4: Severability. If any clause, section, or other part of this Ordinance shall be
177 held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional
178 or invalid part shall be considered as eliminated and in no way affect the validity of the other
179 provisions of this Ordinance.
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180 Section 5: Conflicts. That all Ordinances or parts of Ordinances, Resolutions,
181 including, but not limited to, Resolution No. R15-020, or parts of Resolutions in conflict herewith,
182 be and the same are repealed to the extent of such conflict.
183 Section 6: Effective Date. That this Ordinance shall take effect immediately
184 upon passage.
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189 [SIGNATURES ON THE FOLLOWING PAGE]
190
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h ORDINANCE NO. 25-036
191 FIRST READING this "I' day of VC-'"tib , 2025.
192 SECOND, FINAL READING AND PASSAGE this l day of ‘1•12►eYl\PG"- , 2025.
193 CITY OF BOYNTON BEACH, FLORIDA
194 YES NO
195
196 Mayor— Rebecca Shelton
197
198 Vice Mayor— Woodrow L. Hay
199
200 Commissioner—Angela Cruz - efts'
201
202 Commissioner—Thomas Turkin
203
204 Commissioner—Aimee Kelley !/
205
206 VOTE 3-0
207 ATTEST:
208O
AIP 209 -
210
211 Mayle DS Us, MM a✓ Rebec . elton
212 City Cler Mayor
213 �pyNTO/ `�� Y
%Ci.•aR'ORAT••. ��
214 ;� • S� A 7 :, APPROVED AS TO F RM.
215 (Corporate ; ►J t�►L •
216 C S INCORPORATED
217 1920:' Shawna G. Lamb
218 ���.� FLOR\0A City Attorney
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