R15-020 f I
1 RESOLUTION NO. R15 -020
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH
4 ESTABLISHING ADMINISTRATIVE AND PROCUREMENT
5 { PROCEDURES RELATED TO "PUBLIC- PRIVATE
6' PARTNERSHIPS" CONSISTENT WITH SECTION 287.05712,
7 FLORIDA STATUTES; ESTABLISHING PROCEDURES FOR
8 PROCESSING "UNSOLICITED PROPOSALS "; ESTABLISHING
9 FEES FOR UNSOLICITED PROPOSALS; AND PROVIDING FOR AN
10 EFFECTIVE DATE.
11
12 ' WHEREAS, as codified in Section 287.05712, Florida Statutes, entitled "Public-
13 Private Partnerships ", the Florida Legislature found that there is a public need for the
14 construction or upgrade of facilities that are used predominantly for public purposes and that
15 it is in the public's interest to provide for the construction or upgrade of such facilities; and
16 , WHEREAS. the Florida Legislature found that there is a public need for timely and
17; cost- effective acquisition, design, construction, improvement, renovation, expansion,
18 equipping, maintenance, operation, implementation, or installation of projects that serve a
19 public purpose, including, but not limited to, educational facilities, transportation facilities,
20 water or wastewater management facilities and infrastructure, technology infrastructure,
21 , roads, highways, bridges, and other public infrastructure and government facilities within the
22 state which serve a public need and purpose, and that such public need may not be wholly
23 satisfied by existing procurement methods; and
24 WHEREAS, the Florida Legislature found that there are inadequate resources to
25 develop new educational facilities, transportation facilities, water or wastewater management
26 facilities and infrastructure, technology infrastructure, roads, highways, bridges, and other
27 , public infrastructure and government facilities for the benefit of residents of this state, and
28 that a public - private partnership has demonstrated that it can meet the needs by improving the
29 schedule for delivery, lowering the cost, and providing other benefits to the public; and
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301 WHEREAS, the Florida Legislature recently found that procuring public - private
3111 partnerships and unsolicited proposals serve a public purpose if such procurements facilitate
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32) I the timely development or operation of a qualifying project as defined in Section 287.05712,
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33 F.S.: and
34 WHEREAS, the purpose of this Resolution is to define the procurement procedures to
35 be used by the City to administer unsolicited public - private proposals in a manner consistent
36 with Section 287.05712. F.S., and
37 NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
38 1 CITY OF BOYNTON BEACH, FLORIDA:
39 Section 1. The recitals and findings contained in the Preamble to this Resolution are
401 adopted and incorporated as if fully set forth in this Section.
41i Section 2. The following rules and procedures will govern the process for
42 administering unsolicited proposals for the City to participate in a "Public Private
43 Partnership" (commonly abbreviated as "P3 ").
44 (a) The City hereby adopts and incorporates the provisions of §287.05712, Florida
45 Statutes "Public- Private Partnerships ", as that statute may be modified from time to time.
46 (b) Definitions. For purposes of this Resolution, the definition of terms all have the
47 same meanings as those terms are defined in F.S. § 287.05712(1), as those definitions may be
48 amended from time to time.
49 (c) The City may receive unsolicited proposals for a qualifying project and may
50 thereafter enter into an agreement with a private entity, or a consortium of private entities, for
51 a qualifying project, subject to the procedures and conditions set forth herein. Any
52 unsolicited proposal shall include sufficient detail and information for the City to evaluate the
11 See definition of "qualifying project" § 287.0571(1)(i) F.S
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531 proposal in an objective and timely manner. An unsolicited proposal must, at a minimum,
54 meet the submittal requirements outlined in §287.05712(5), Florida Statutes. The term
5511 `unsolicited proposals ", for the City purpose of distinguishing it from a solicited proposal,
56 means any proposal not made in response to a City announced and published Request for
57 Proposal (RFP) or Request for Qualifications (RFQ) or Invitation to Bid (ITB). Preliminary
58 ? inquires or discussions regarding project interest from a prospective proposer to the City or
59 from the City to a prospective proposer are not prohibited and such communications are to not
60 be construed to mean that the City has issued a Request for Proposal (RFP) or Request for
61 Qualifications (RFQ) or Invitation to Bid (ITB) nor do those communications prevent an
62 unsolicited proposal from subsequently being made.
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63 (d) Application fee. Any private entity or consortium of private entities desiring to
64 submit an unsolicited proposal for a qualifying project shall submit to the City an application
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651 fee of twenty thousand dollars ($20,000.00) payable to the City in the form of a money order
66 or cashier's check at the time of unsolicited proposal submittal. If the City's cost of evaluating
67 the unsolicited proposal exceeds twenty thousand dollars ($20,000.00) the application fee
68 shall be increased to an additional application fee to pay the costs of evaluating the unsolicited
69 proposal. The proposer will be notified and will promptly pay the additional application fee
70 needed to pay the costs of evaluating the unsolicited proposal. Failure to pay the additional
71 fee within ten (10) days of delivery of notice will result in discontinuance the evaluation
72 process and rejection of the unsolicited proposal. As provided for in F.S. § 287.05712(4)(a),
73 1 the purpose of this application fee is to pay the costs of evaluating the unsolicited proposal.
74 The City may need to engage the services of a private consultant to assist in the evaluation of
75 the unsolicited proposal and the application fee or additional application fee may be used to
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76 I pay the consultant. The City will keep records of its direct evaluation cost and shall refund
77 any portion of the initial application fee or additional fee paid in excess of its direct costs
78 associated with evaluating the proposal. Refunds will be made within sixty (60) days of award
79 or rejection of the proposal(s).
80 (e) Public notice. If the City receives an unsolicited proposal for a qualifying project
81 pursuant to this section and the City has interest in pursuing the proposed project, the City
82 shall first notify the Commission of the receipt of said unsolicited proposal by placement of a
83 discussion item on the next available Commission Meeting Agenda. Following review, the
84 City Commission's disposition will be by a "motion to proceed " ".
85 Upon the Commission's approval to proceed with said unsolicited proposal project, the
861 City shall publish public notice in a newspaper of general circulation at least once a week for
87 ` two (2) weeks stating that the City has received an unsolicited proposal and that the City will
88 accept other proposals (hereinafter "response proposals ") for the same qualifying project. The
89 notice shall contain a date certain time frame for response proposals to be filed. The
90 timeframe for allowing response proposals shall be no fewer than 21 days but no more than
91 i 120 days after the initial date of publication. A copy of the notice must be mailed to each
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92 special district in which all or a portion of the qualifying project is located.
93 If the City Commission does not pass its "motion to proceed ", the proposer shall be
94 notified and the application fee refunded.
95 The City shall set forth in each such request for response proposals the criteria to be
96 evaluated indicating the criteria to be reviewed and the weight of each criteria as it related to
97 ! an over -all score or purposes of ranking the proposals (unsolicited and response proposals).
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98 The criteria may include, but is not limited to: professional qualifications, general business
99 terms, innovative design techniques or cost reduction terms, and financial plans.
100 The entity submitting the original unsolicited proposal may submit, without another
1011 initial application fee, a more detailed proposal responding to the City's stated criteria for
1021 review in response to the City's notice.
103 Any private entity or consortium of private entities desiring to submit a response
1041; proposal in response to the City's notice shall submit to the City an application fee of twenty
105 thousand dollars ($20,000.00) payable to the City in the form of a money order or cashier's
106 check at the time of response proposal submittal. If the cost of evaluating the response I �
107 proposal exceeds twenty thousand dollars ($20,000.00) the application fee shall be increased
108 to a reasonable fee to pay the costs of evaluating the response proposal. The proposer will be
109 i notified and will promptly pay the balance of the application fee needed to pay the costs of
110 evaluating the response proposal. Failure to pay the additional fee will result in elimination of
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111 the response proposal from the evaluation process. Tracking of City direct costs and the
112 refund of any unused fee will be made in the same manner described above for the initial
113 unsolicited proposal.
114 (f) Receipt of response proposals. Sealed response proposals must be received by the
115 City Clerk no later than the time and date specified for submission in the publication. The
116 4 name of each proposer shall be recorded by the City Clerk or its designee, and the record and
117 j each response proposal, to the extent consistent with applicable state law, shall be open to
118 public inspection.
119 (g) In the event there are no response proposals after the submittal deadline, the
120 evaluation committee may proceed with the evaluation unless the City Manager
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121 determines that the unsolicited proposal is not in the best interests of the City. In such
122 case, the proposer of the unsolicited proposal will be notified and any unused portion of
123 the initial fee refunded.
124! (h) During all phases of review, Members of the City Commission may
125 communicate with representatives or lobbyists of any proposer provided:
126 i. The communication takes place at a meeting coordinated through the City
127 ' Manager's Office:
128 ii. The City Manager or her designee(s) are in attendance;
129 { iii. A record of the time, place and attendees is made and filed with the City Clerk;
130 and
131 { iv. Prior to any Commission consideration of the proposals, a disclosure of the
132 j meeting and the general substance of the discussions that occurred at the
133 meeting is made by the Member of the Commission who participated in the
1341 meeting.
135 (i) Proposal evaluation. An evaluation committee shall be appointed by the City
136 Manager for the purpose of evaluating and ranking all proposals for based upon factors that
137 include, but are not limited to: professional qualifications and experience, general business
138 terms, innovative design techniques or cost - reduction terms, and finance plans. Proposers may
139 be invited to make oral presentations regarding their proposals. Oral presentations shall be
140 scored but shall not have a weight of more than ten percent (10 %) of the combined value of
141 the other criteria. Each factor used by the evaluation committee shall be assigned a weighted
142 value such that the total of values will equal 100 points. In the case when oral presentations
143 are made, the total value will be 110 points. The recommendations of the evaluation
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144 committee shall be submitted to the City Manager. The committee meetings and
145 communication between committee members are subject to Florida Sunshine Law.
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146 j (j) After reviewing the evaluation committee's recommendation, the City
147, i Manager will review the recommendation of the evaluation committee.
148 j (k) The City Manager may:
149 (i) reject the evaluation committee's recommendation if irregularities
150 in the scoring process are evident and instruct the evaluation committee to re- evaluate
151 and make further recommendations.
152 ; (ii) Reject all proposals; or
153 (iii) Recommend that the City Commission reject all proposals.
154 (iv) Schedule the recommendations for a public hearing before the City
155 Commission.
156 (1) When the City Manager has advanced proposals to the City Commission, the
157 I City Commission shall conduct a public hearing to review the proposals and the
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158 recommendation of the evaluation committee. The City Commission may request that
159 presentations be made to the City Commission by each proposer. In such cases, an additional
160 maximum ten (10) points may be added committee's total scores prior to determining the
161 ranking of proposers. The Commission presentation additional points shall be determined by
162 averaging the presentation points award by each Member of the City Commission to each
163 proposer; with each Member of the Commission scoring each presenter 1 -10 points.
164 (m) After public hearing, oral presentation when requested, and review of the
165 evaluation committee's recommendation, the City Commission shall:
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166 i. Rank the proposals and authorize negotiations of a Comprehensive
167 Agreement with the first ranked proposer`'; or
168 ii. Reject all proposals;
169 (n) The decision of the City Commission regarding ranking of the proposals is
170, ! final but the Comprehensive Agreement shall be returned to the Commission for approval and
1711 is not final until such approved by the City Commission.
1721 (o) A Comprehensive Agreements and are subject to approval as to legal form by
1731 the City Attorney.
174 ! (p) The Finance Director or his designee shall review all finance plans and
175 documents related to the private entity's performance, payment of subcontractors and similar
176 responsibilities.
177 (q) The Director of Risk Management shall review all insurance and related
178 ( requirements.
179 j Section 3. If any section, part of a section, paragraph, clause, phrase or word of this
180 Resolution is declared invalid, the remaining provisions of this Resolution shall not be
181 affected.
182 Section 4. This resolution shall become effective upon its passage and adoption by the
183 City Commission.
184
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2 If the City is not satisfied with the results of the negotiations, the City may terminate
negotiations with the proposer and negotiate with the second - ranked or subsequent - ranked
firms, in the order consistent with this procedure.
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185 ; PASSED AND ADOPTED this 17 day of February, 2015.
186
187, CITY OF BOYNTON BEACH. FLORIDA
188
189 YES NO
190 ; �.
191 Mayor — Jerry Taylor
192
193 Vice Mayor — Joe Casello ✓
194
195; Commissioner — David T. Merker
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197 3 Commissioner — Mack McCray ✓
198
199 Commissioner — Michael M. Fitzpatrick ✓
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201 _
202 ' VOTE J' - o
203 ; ATTEST:
204
205 I ' ' ^ „
206 • �yj • PAOLeAttio
207 Jane _ . Prainito, MMC
208 Clerk
209
210 C " Y °
211
212 .. eal)
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