Loading...
HomeMy WebLinkAbout21-320 RESOLUTION NO. 21-320 A RESOLUTION AMENDING THE ST. LUCIE COUNTY MANUAL OF PURCHASING REGULATIONS; TO REFLECT CURRENT COUNTY OR GOVERNMENTAL POLICIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the Board of County Commissioners of St. Lucie County, Florida has made the following determinations: 1. On September 24, 1985, the Board of County Commissioners for St. Lucie County, (the "Board") adopted Ordinance No. 85-06 which created a purchasing department. 2. On October 7, 1985, the Board adopted Resolution No. 85-212 which established the purchasing regulations and procedures for St. Lucie County, Florida, as set forth in the St. Lucie County Manual of Purchasing Regulations and Procedures (the "Purchasing Manual"); and since that date the Purchasing Manual has been amended from time to time. 3. On September 17, 2019, the Board adopted Resolution No. 19-197 which is the most recent of the numerous resolutions that amended the Purchasing Manual. 4. It is necessary to further amend the Purchasing Manual to provide procedures for Public— Private Partnerships. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The St. Lucie County Manual of Purchasing Regulations is hereby amended as set forth in Exhibit "A" attached. 2. This resolution shall become effective upon adoption. After motion and second the vote on this Resolution was as follows: Commissioner Chris Dzadovsky, Chair AYE Commissioner Sean Mitchell, Vice-Chair AYE Commissioner Linda Bartz AYE Commissioner Frannie Hutchinson AYE Commissioner Cathy Townsend AYE 1 PASSED AND DULY ADOPTED this 7th day of September 2021 ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, F OR A JOJ it40011 •t( COM BY: J� �/s DEPUTY CLERK �Q t,s1, CHAT a 131r* �i ri 1p .b 10C°�Mry,F t.oA`°' APPROVEAS TO FORM AND CORRECTN SS: ) COUNTY A ; ORNEY 2 11.6 PUBLIC-PRIVATE PARTNERSHIPS a. The Florida Legislature has enacted Section 255.065 of the Florida Statutes("F.S.")to specifically authorize counties and other public entities in Florida enter into public- private partnerships for the design, funding, permitting, construction, upgrade, operation, maintenance, repair and replacement from time to time of facilities that are used predominantly for public purposes. The St. Lucie Board of County Commissioners has also determined that it is in the public's interest to provide for such public-private partnerships for qualifying projects as defined in Section 255.065, F.S. and to adopt procedures in accordance with Section 255.065, F.S., and this Purchasing Policy Manual regarding procurement of such projects. It is the intent of the County Commission to encourage investment in St. Lucie County by private entities; to facilitate various bond financing mechanisms, private capital, and other funding sources for the development and operation of qualifying projects, including expansion and acceleration of such financing to meet the public need; and to provide the greatest possible flexibility to public and private entities contracting for the provision of public services. b. The County may receive unsolicited proposals or may solicit proposals for a qualifying project and may thereafter enter into an interim agreement or a comprehensive agreement (a "Public-Private Agreement") with a private entity, or a consortium of private entities, for the building, upgrading, operating, ownership, or financing of facilities in accordance with Section 255.065,F.S.,and this Purchasing Policy Manual. c. Prior to solicitation of any Public-Private Agreement on any qualifying project the proposed solicitation shall be submitted to the Board of County Commissioners for its review and approval. Staff shall present a detailed outline of the proposed qualifying project,the anticipated solicitation process,the project schedule and the public interest anticipated to be addressed by the Public-Private Agreement. The final form of any Public-Private Agreement shall be submitted to Board of County Commissioners for its review and approval at a public meeting. d. The private party proposer shall pay all reasonable costs of review and analysis of its proposal. Any private entity that submits an unsolicited proposal to the County must concurrently pay the initial application fee as from time to time established by the County in cash, cashier's check, or other noncancelable instrument. Personal checks shall not be accepted. If the County determines in its sole discretion that the initial application fee does not cover the County's reasonable costs to evaluate the unsolicited proposal, the County may request that the private proposer pay the additional amounts required to cover such cost. The private proposer must pay the requested additional amounts within thirty (30) days after receipt of the County's written request and the County may stop its review of the proposal if the private entity fails to pay the additional amounts. If the County in its sole discretion elects not to evaluate the unsolicited proposal, it shall return the application fee. The County also may charge a reasonable fee to cover the costs of processing, reviewing, and evaluating the request, XHBIT [ EJ including, but not limited to, reasonable attorney fees and fees for financial and technical advisors or consultants and for other necessary advisors or consultants e. Upon receipt of any unsolicited proposal or determination to issue a request for proposals, the County shall publish advertisement(s) of same in accordance with the County's advertisement requirements as set forth in this Purchasing Policy Manual or, if the proposal is for a "qualifying project" as defined in Section 255.065(1)(i), F.S., the County shall advertise as set forth in Section 255.065(3)(b), F.S. The timeframe within which the County may accept other proposals shall be determined by the County on a project-by-project basis based upon the complexity of the project and the public benefit to be gained by allowing a longer or shorter period of time within which other proposals may be received; provided, however, that for qualifying projects the timeframe for allowing other proposals must be at least twenty-one (21) days but no more than one hundred twenty (120) days after the initial date of publication. If approved by a majority vote of the County Commission, the County may alter the timeframe for accepting proposals to more adequately suit the needs of the qualifying project. A copy of the notice must be mailed to each local government in the affected area. f. If any qualifying project solicited by the County includes design work,the solicitation shall include a design criteria package prepared by an architect, a landscape architect, or an engineer licensed in this state which is sufficient to allow private entities to prepare a bid or a response. The design criteria package must specify reasonably specific criteria for the qualifying project such as the legal description of the site, with survey information; interior space requirements; material quality standards; schematic layouts and conceptual design criteria for the qualifying project; cost or budget estimates; design and construction schedules; and site development and utility requirements. The licensed design professional who prepares the design criteria package shall be retained to serve the County through completion of the design and construction of the project. g. Before approving a comprehensive agreement, the County must determine that the proposed project: 1. Is in the public's best interest. 2. Is for a facility that is owned by the County or for a facility for which ownership will be conveyed to the County. 3. Has adequate safeguards in place to ensure that additional costs or service disruptions are not imposed on the public in the event of material default or cancellation of the comprehensive agreement by the County. 4. Has adequate safeguards in place to ensure that the County or private entity has the opportunity to add capacity to the proposed project or other facilities serving similar predominantly public purposes. 5. Will be owned by the County upon completion, expiration, or termination of the comprehensive agreement and upon payment of the amounts financed. h. Before signing a comprehensive agreement, the County must consider a reasonable finance plan that is consistent with Section 255.065(9),F.S;the qualifying project cost; revenues by source; available financing; major assumptions; internal rate of return on private investments, if governmental funds are assumed in order to deliver a cost- feasible project; and a total cash-flow analysis beginning with the implementation of the project and extending for the term of the comprehensive agreement. To assist the County in analyzing such financing plan applicants shall provide County with such financial information as the County may request including, without limitation, providing at least two (2) years of audited financial statements and documentation evidencing 100% of the proposed funding source (e.g., providing a loan commitment for 70%funding with documentation detailing the source of 30%equity financing). i. In considering an unsolicited proposal,the County may require from the private entity a technical study prepared by a nationally recognized expert with experience in preparing analysis for bond rating agencies. In evaluating the technical study, the responsible public entity may rely upon internal staff reports prepared by personnel familiar with the operation of similar facilities or the advice of external advisors or consultants who have relevant experience. j. After the public notification period has expired in the case of an unsolicited proposal, the County shall rank the proposals received in order of preference. In ranking the proposals, the County may consider factors that include, but are not limited to, professional qualifications, general business terms, innovative design techniques or } cost-reduction terms,proposed property management structures and finance plans. The proposer shall submit a preliminary plan for development and use of the subject property which plan and use may be modified and refined in coordination with County. The County may then begin negotiations for a comprehensive agreement with the highest-ranked firm. If the County is not satisfied with the results of the negotiations, the County terminate negotiations with the proposer and negotiate with the second- ranked or subsequent-ranked firms, in the order consistent with this procedure. If only one proposal is received, the County may negotiate in good faith, and if the County is not satisfied with the results of the negotiations, the responsible public entity may terminate negotiations with the proposer. Notwithstanding this paragraph, the County may reject all proposals at any point in the process until a contract with the proposer is executed. k. The County shall perform an independent analysis of the proposed public-private partnership which demonstrates the cost-effectiveness and overall public benefit before the procurement process is initiated or before the contract is awarded. I. Approval of a qualifying project by the County is subject to entering into a comprehensive agreement with the private entity.