2016-29304 Reso RESOLUTION NO. 2016-29304
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING RESOLUTION NO. 2015-29247 WITH
RESPECT TO THE CITY COMMISSION'S VOLUNTARY IMPOSITION OF THE
CITY'S CONE OF SILENCE ORDINANCE TO THE SOLICITATION OF
ALTERNATIVE PROPOSALS FOR A PUBLIC-PRIVATE PARTNERSHIP, IN
ACCORDANCE WITH FLORIDA STATUTE 287.05712, FOR AN OFF-WIRE OR
"WIRELESS" LIGHT RAIL/MODERN STREETCAR SYSTEM ("PROJECT");
SAID AMENDMENT FOR THE LIMITED PURPOSE OF PERMITTING THE CITY'S
PROJECT CONSULTANTS AND CITY STAFF DESIGNATED BY THE CITY
MANAGER, TO SCHEDULE ONE-ON-ONE MEETINGS WITH PROSPECTIVE
PROPOSERS FOR FACT-FINDING PURPOSES, AS PART OF AN INDUSTRY
REVIEW PROCESS; AND OTHERWISE CONTINUING TO EXTEND THE
REQUIREMENTS OF THE CITY'S CONE OF SILENCE ORDINANCE, AS SET
FORTH IN SECTION 2-486 OF THE CITY CODE, TO THE SOLICITATION FOR
THE PROJECT.
WHEREAS, on December 16, 2015, the Mayor and Commission adopted Resolution No.
2015-29247, accepting receipt of an unsolicited proposal from Greater Miami Tramlink Partners for
a Light Rail/Modern Streetcar Project in Miami Beach, and authorizing the Administration to solicit
alternative proposals for a public/private partnership ("P3"), in accordance with Florida Statute
287.05712, for an off-wire or "wireless" light rail/modern streetcar system from 5th Street, via
Washington Avenue to the Miami Beach°Convention Center(the "Project"); and
WHEREAS, Resolution No. 2015-29247 established certain procedural parameters with
respect to the solicitation of proposals, including an application fee, proposal deadlines, and the
like; and
WHEREAS, although the City's Cone of Silence ordinance, as set forth in Section-2-486 of
the City Code, does not expressly apply to unsolicited proposals pursuant to Florida Statute
Section 287.05712, the City Commission elected, in Resolution No. 2015-29247, to extend the
City's Cone of Silence to the unsolicited proposal process for the Project; and
WHEREAS, the public notice for the Project was initially advertised on January 12, 2016,
and a mandatory pre-proposal conference is currently scheduled for February 19, 2016; and
WHEREAS, the City's consultant for the Project, Kimley Horn & Associates, Inc., has
advised the Administration that, in view of the complexities involving a design-build-operate-
maintain-finance P3 delivery method, and the recognition that P3 proposers are less likely to share
information with public agencies due to concerns with public disclosure of proprietary, confidential
information, public agencies in Florida, including the Florida Department of Transportation,
routinely provide P3 proposers with the opportunity to schedule one-on-one meetings with the
agency's representatives, to permit staff to engage in fact-finding and obtain a better
understanding from the industry of relevant Project-related issues; and
WHEREAS, the Administration recommends a limited modification to the Commission's
voluntary imposition of the Cone of Silence to the Project, to permit the City's consultants and City
staff designated by the City Manager, to schedule voluntary one-on-one meetings with prospective
proposers, provided that (i) the participants in any such one-on-one meetings may not serve on
the Evaluation Committee for the Project, or otherwise have decision-making authority with
respect to the solicitation process for the Project; (ii) no statements made at any such one-on-one
meetings may change or modify the City's Proposal Requirements Document for the Project or
otherwise change the solicitation process; and (iii) prospective proposers that desire any such
one-on-one meetings sign a waiver of protest rights with respect to the meetings with prospective
proposer teams.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission
of the City of Miami Beach, Florida, hereby amend Resolution No. 2015-29247 with respect to the
City Commission's voluntary imposition of the City's Cone Of Silence Ordinance to the solicitation
of alternative proposals for a public-private partnership, in accordance with Florida Statute
287.05712, for an off-wire or "wireless" light rail/modern streetcar system ("Project"); said
amendment for the limited purpose of permitting the City's Project consultants and City staff
designated by the City Manager, to schedule one-on-one meetings with prospective proposers for
fact-finding purposes, as part of an industry review process; and otherwise continuing to extend
the requirements of the City's Cone of Silence Ordinance, as set forth in Section 2-486 of the City
Code, to the solicitation for the Project.
PASSED AND ADOPTED this 10 day of February, 2016.
ATTEST:
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Cfty Attorney Klitve Date
MIAMI BEACH
City of Miami Beach, 1700.Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMM/ SION MEMORANDUM
TO: Mayor Philip Levine and Members o the City C•, mission
FROM: Jimmy L. Morales, City Manager
DATE: February 10,2016
SUBJECT: A RESOLUTION OF THE MAYOR A D CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING RESOLUTION NO. 2015-29247 WITH
RESPECT TO THE CITY COMMISSION'S VOLUNTARY IMPOSITION OF THE
CITY'S CONE OF SILENCE ORDINANCE TO THE SOLICITATION OF
ALTERNATIVE PROPOSALS FOR A PUBLIC-PRIVATE PARTNERSHIP, IN
ACCORDANCE WITH FLORIDA STATUTE 287.05712, FOR AN OFF-WIRE OR
"WIRELESS" LIGHT RAIL/MODERN STREETCAR SYSTEM ("PROJECT");
SAID AMENDMENT FOR THE LIMITED PURPOSE OF PERMITTING THE
CITY'S PROJECT CONSULTANTS AND CITY STAFF DESIGNATED BY THE
CITY MANAGER, TO SCHEDULE ONE-ON-ONE MEETINGS WITH
PROSPECTIVE PROPOSERS FOR FACT-FINDING PURPOSES, AS PART OF
AN INDUSTRY REVIEW PROCESS; AND OTHERWISE CONTINUING TO
EXTEND THE REQUIREMENTS OF THE CITY'S CONE OF SILENCE
ORDINANCE, AS SET FORTH IN SECTION 2-486 OF THE CITY CODE, TO
THE SOLICITATION FOR THE PROJECT.
BACKGROUND
On December 16, 2015, the Mayor and Commission adopted Resolution No. 2015-29247,
accepting receipt of an unsolicited proposal from Greater Miami Tramlink Partners for a Light
Rail/Modern Streetcar Project in Miami Beach, and authorizing the Administration to solicit
alternative proposals for a public/private partnership ("P3"), in accordance with Florida Statute
287.05712, for an off-wire or "wireless" light rail/modern streetcar system from 5th Street, via
Washington Avenue to the Miami Beach Convention Center (the "Project"). Resolution No. 2015-
29247 established certain procedural parameters with respect to the solicitation of proposals,
including an application fee, proposal deadlines, and the like.
Although the City's Cone of Silence ordinance, as set forth in Section 2-486 of the City Code, does
not expressly apply to unsolicited proposals pursuant to Florida Statute Section 287.05712, the
City Commission elected, in Resolution No. 2015-29247, to extend the City's Cone of Silence to
the unsolicited proposal process for the Project. The public notice for the Project was initially
advertised on January 12, 2016, and a mandatory pre-proposal conference is currently scheduled
for February 19, 2016.
The City's consultant for the Project, Kimley Horn & Associates, Inc., has advised the
Administration that, in view of the complexities involving a design-build-operate-maintain-finance
P3 delivery method, and the recognition that P3 proposers are less likely to share information with
public agencies due to concerns with public disclosure of proprietary, confidential information,
public agencies in Florida, including the Florida Department of Transportation, routinely provide P3
proposers with the opportunity to schedule One-on-One meetings with the agency's
Agenda Item R7 P
Date 2-10-Ic.
A Resolution Modifying the Cone of Silence for the Miami Beach Light Rail/Modern Streetcar Project
February 1,0, 2016
representatives, to permit staff to engage in fact-finding and obtain a better understanding from the
industry of relevant Project-related issues:
ONE-ON-ONE MEETINGS WITH PROSPECTIVE PROPOSERS FOR FACT-FINDING
PURPOSES
Kimley-Horn & Associates, Inc. has advised that it is standard practice during the procurement
stage for P3 projects in the United States and internationally to provide the opportunity for the
, proposers to participate in what are termed.in the P3 industry as "One-on-One" sessions. This
- exists in guidance on best practices for P3s in manuals and guidance for states like Colorado,
Florida, Texas and Virginia that have successfully implemented P3 Projects. The One-on-One
- sessions are structured meetings where the proposer is allowed to provide input to the project
sponsor (City of Miami Beach) and to ask clarifying questions pertaining to the Project, Project
documents and P3 approach for the Project. For the City these would be primarily "information
gathering" sessions that allows the City to obtain input from the proposers to help the City refine
the Project and to develop materials for later in the procurement process such as Instructions to
Proposers, Project Agreement, Project Performance Specifications, Project Schedule, LRT/Modern
Streetcar Operating Plan, and the Project Funding Plan. The sessions are intended to help
facilitate a fair and competitive environment for the procurement, to permit consideration of the
best available information from the industry, in an effort to ensure the successful implementation
for the LRT/Modern Streetcar P3 Project.
•
The proposal is for the City to follow the approach for One-on-One meetings that has been utilized
successfully by the Florida Department of Transportation on P3 projects such as the 1-4 Ultimate, I-
595 Express and Port of Miami Tunnel Project. The proposer will execute a consent form that
addresses the following requirements for the One-on-One meeting:
• The purpose of the meeting is for fact finding, to permit the City to obtain a better
understanding of relevant Project-related issues.
• No'members of the City's evaluation/decision-making team will participate in the One-on-
One meetings:
• The City and its team participants.in the meeting will have no decision-making authority to
modify Project documents or the procurement process. City decisions, or formal responses
'to questions asked by proposers, will not be communicated at the One-on-One meetings,
as all formal responses will be provided through addenda to the Project solicitation
documents, available to all proposers.
• Proposers may not rely on any statements made by the City or its representatives at the
meeting or construe-any statements as'modifying the Project solicitation documents or the
procurement process. The City will formally communicate such changes to proposers
through addenda to the Project solicitation documents.
• No aspect of the meeting is intended to provide any one proposer with access to
information that is not also available to all proposers. No part of the meeting will be used in
any way for the evaluation of proposals submitted on the Project.
• • The proposers, the City and its consultants will maintain confidentiality related to
discussions in the meeting to the fullest extent allowed under the law.
•. If proposers desire a One-on-One session, proposers must waive any protest rights related
to the City conducting the One-on-One meetings with proposers.
The City 'and its team representatives that attend the One-on-One meetings will prepare a
summary of the One-on-One meetings without identifying any specific proposers and update the
A Resolution Modifying the Cone of Silence for the Miami Beach Light Rail/Modern Streetcar Project
February 10, 2016
Assistant City Manager and other appropriate staff as necessary . The Assistant City Manager in
consultation with the City Manager, City Attorney and Director of Procurement, will consider any
information gathered during the One-on-One sessions and shall determine whether or to what
extent to update the Project documents, as may be necessary in the best interest of the City.
RECOMMENDATION
The Administration recommends a limited modification to the Commission's voluntary imposition of
the Cone of Silence to the Project, to permit the City's consultants and City staff designated by the
City Manager, to schedule voluntary One-on-One meetings with prospective proposers, provided
that (i) the participants in any such One-on-One meetings may not serve on the Evaluation
Committee for the Project, or otherwise have decision-making authority with respect to the
solicitation process for the Project; (ii) no statements made at any such One-on-One meetings may
change or modify the City's Proposal Requirements Document for the Project or otherwise change
the solicitation process; and (iii) prospective proposers that desire any such One-on-One meetings
sign a waiver of protest rights with respect to the meetings with prospective proposer teams.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the Resolution,
amending Resolution No. 2015-29247 with respect to the City Commission's voluntary imposition
of the City's Cone Of Silence Ordinance to the solicitation of alternative proposals for a public-
private partnership, in accordance with Florida Statute 287.05712, for an off-wire or "wireless" light
rail/modern streetcar system ("Project"); said amendment for the limited purpose of permitting the
City's Project consultants and City staff designated by the City Manager, to schedule one-on-one
meetings with prospective proposers for fact-finding purposes, as part of an industry review
process; and otherwise continuing to extend the requirements of the City's Cone of Silence
Ordinance, as set forth in Section 2-486 of the City Code, to the solicitation for the Project.
JLM/K B
T:\AGENDA\2016\February\Transportation\Resolution Modifying the Cone of Silence to Provide For for One-On-One Pre-Proposal
Meetings for LightRail-Streetcar Project-Memo.docx