Legislation Details

File #: ID 25-4407    Version: 1 Name:
Type: Presentation Status: Passed
File created: 4/23/2025 In control: City Council
On agenda: 5/5/2025 Final action: 5/5/2025
Title: Public Private Partnership "P3" Proposal Overview and Process, Section 255.065, Florida Statutes - Alan L. Gabriel, City Attorney
Attachments: 1. Summary Memo of 255.065 F.S. (4-25-2025)
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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Agenda Item:  3(a)

Prepared By:  Joan Taylor, City Clerk

Business:  Presentation

Department:   Executive

Subject:

Title

Public Private Partnership “P3” Proposal Overview and Process, Section 255.065, Florida Statutes - Alan L. Gabriel, City Attorney

Body                     

 

BACKGROUND: 

On August 2, 2024, Woodward, Pires & Lombardo submitted to the City an unsolicited public private partnership proposal (P3 Proposal), the C-HAWQ (Coastal Habitat and Water Quality) Initiative, on behalf of Earthwerks Land Improvement and Development Corporation (“Earthwerks”).

 

Section 255.065, Florida Statutes outlines a statutory framework for how municipalities may proceed. City Attorney, Alan Gabriel will provide an overview and process of the Statute.

 

As of the May 3rd Special Council meeting, the City is not under any legal obligation to proceed with the Earthwerks P3 unsolicited proposal, unless City Council indicates a desire to move forward, beyond preliminary discussions.  

 

If Council does indicate an interest in moving forward, the next step would be for the City to hire an independent qualified technical expert (an engineer) to review the Earthwerks proposal for the purpose of substantiating the technical details within the P3 proposal.  With the engineer’s findings and input, Council would be asked to determine if the project has a public interest/benefit; with that said, to then decide whether to seek other similar proposals or to proceed with the Earthwerks unsolicited P3 project to the next level which would include the preparation of a comprehensive agreement.

 

 

 

FUNDING SOURCE / FISCAL IMPACT:  N / A

 

 

RECOMMENDATION:   Council listens to presentation and asks questions.

 

 

POTENTIAL MOTION:  N / A