Third-Party Contracts for Public-Private Partnership Projects

What are public-private partnerships?

Public-private partnerships (P3s) are collaborative agreements between government entities and private-sector businesses. These partnerships aim to leverage the expertise and resources of both sectors to achieve public goals more efficiently and effectively. In Florida, public-private sector partnerships often intersect with real estate law, business law, and government relations.

A notable example of a public-private sector partnership in Florida is the Miami Intermodal Center (MIC). This transportation hub, developed through a collaboration between the Florida Department of Transportation (FDOT) and private companies, combines various modes of transportation, including buses, rental cars, and Metrorail. The MIC exemplifies how public-private partnerships can enhance public infrastructure and stimulate economic development in the state.

Need help facilitating opportunities in the public sector? Schedule your consultation today with a top public-private partnership attorney.

Which Florida laws, rules, and regulations apply to public-private partnerships?

Florida Statutes Section 255.065 and Section 334.30 establish the framework for public-private partnerships for public and transportation facilities, respectively. These statutes outline the procedures for soliciting, receiving, and evaluating proposals for P3s and the criteria for selecting private entities.

Additionally, agencies like the Florida Department of Transportation (FDOT) guide public-private partnerships, including this reference guide. Moreover, local governments like Miami-Dade County often provide more specific guidelines for P3s.

Understanding and adhering to these state and local laws, rules, and regulations is crucial for successfully implementing public-private partnerships in Florida.

How does negotiating and drafting third-party contracts necessary to complete the project connect to public-private partnerships?

Public-private partnerships in Florida involve collaboration between the public sector and private entities to achieve common goals, such as infrastructure development or service delivery. When it comes to negotiating and drafting third party contracts, these partnerships often require input from various stakeholders, including architects, engineers, and construction firms.

The nature and scope of their involvement depend on the specific needs of the project, but here are some common types of third-party entities and the services they typically provide:

• Consulting Firms: These organizations are often brought in to provide expert advice on various aspects of the project. This can include project feasibility studies, financial modeling, risk assessment, business case development, and project management services.
• Engineering and Construction Companies: These firms are essential for the design and construction of infrastructure projects. They provide services such as architectural design, civil engineering, construction, and project management.
• Law Firms: Legal advisors are crucial for drafting and reviewing contracts, ensuring compliance with regulations, resolving disputes, and providing general legal advice.
• Financial Institutions: Banks, private equity firms, and other financial entities are often involved in providing financing for PPP projects. They can also provide financial advisory services, such as structuring project finance deals, conducting financial due diligence, and managing financial risks.
• Auditing and Accounting Firms: These firms provide financial auditing services to ensure that the project’s financial records are accurate and comply with relevant standards. They also offer tax advice and can help with financial reporting.
• Insurers: Insurance companies play a key role in managing risks associated with PPP projects. They provide insurance coverage for various risks, including construction risks, operational risks, and financial risks.
• Technology Providers: Depending on the project, technology providers might be contracted to supply necessary equipment, software, or services. This could range from IT infrastructure to specialized machinery or software.
• Environmental Consultants: These consultants can provide assessments of the environmental impact of a project, advise on compliance with environmental regulations, and help design environmentally sustainable practices.

These third-party entities provide a range of expertise that complements the skills and resources of the public and private partners in a PPP. By leveraging their specialized knowledge and capabilities, PPP projects can be managed more effectively and efficiently.

When a set of facts is appropriate for facilitating a partnership with the public sector, there are many paths a client may take. We are value-based attorneys at Jimerson Birr, which means we look at each action with our clients from the point of view of costs and benefits while reducing liability. Then, based on our client’s objectives, we chart a path to seek appropriate remedies.

To determine whether your unique situation may necessitate litigation or another form of specialized public sector advocacy, please contact our office to set up your initial consultation.

Frequently Asked Questions

1. What are the critical elements of a successful public-private partnership contract?

A successful P3 contract should clearly define the roles and responsibilities of each party, allocate risks fairly, outline the project’s scope, establish performance metrics, and provide mechanisms for dispute resolution and termination.

2. Are there any limitations on P3 projects in Florida?

While Florida law allows for a broad range of projects, certain limitations apply. For example, P3s do not apply to construct or improve public schools or projects on federal lands.

Have more questions about how your business can access new opportunities in the public sector?

Crucially, this overview of negotiating and drafting third-party contracts necessary to complete the project does not begin to cover all the laws implicated by this issue or the factors that may compel the application of such laws. Every case is unique, and the laws can produce different outcomes depending on the individual circumstances.

Jimerson Birr attorneys guide our clients to help make informed decisions while ensuring their rights are respected and protected. Our lawyers are highly trained and experienced in the nuances of the law, so they can accurately interpret statutes and case law and holistically prepare individuals or companies for their legal endeavors. Through this intense personal investment and advocacy, our lawyers will help resolve the issue’s complicated legal problems efficiently and effectively.

Having a Jimerson Birr attorney on your side means securing a team of seasoned, multi-dimensional, cross-functional legal professionals. Whether it is a transaction, an operational issue, a regulatory challenge, or a contested legal predicament that may require court intervention, we remain tireless advocates at every step. Being a value-added law firm means putting the client at the forefront of everything we do. We use our experience to help our clients navigate even the most complex problems and come out the other side triumphant.

If you want to understand your case, the merits of your claim or defense, potential monetary awards, or the amount of exposure you face, you should speak with a qualified Jimerson Birr lawyer. Our experienced team of attorneys is here to help. Call Jimerson Birr at (904) 389-0050 or use the contact form to schedule a consultation.