§ 2-26-48. Public private partnerships.

(a)

Definitions. As used in this section, the term:

(1)

Develop means to plan, design, finance, lease, acquire, install, construct, or expand.

(2)

Fees means charges imposed by the private entity of a qualifying project for use of all or a portion of such qualifying project pursuant to a comprehensive agreement.

(3)

Lease payment means any form of payment, including a land lease, by the county to the private entity of a qualifying project for the use of the project.

(4)

Material default means a nonperformance of its duties by the private entity of a qualifying project which jeopardizes adequate service to the public from the project.

(5)

Operate means to finance, maintain, improve, equip, modify, or repair.

(6)

Private entity means any natural person, corporation, general partnership, limited liability company, limited partnership, joint venture, business trust, public benefit corporation, nonprofit entity, or other private business entity.

(7)

Proposal means a plan for a qualifying project with detail beyond a conceptual level for which terms such as fixing costs, payment schedules, financing, deliverables, and project schedule are defined.

(8)

Qualifying project means:

(A)

A facility or project that serves a public purpose, including, but not limited to, any ferry or mass transit facility, vehicle parking facility, airport or seaport facility, rail facility or project, fuel supply facility, oil or gas pipeline, medical or nursing care facility, recreational facility, sporting or cultural facility, or educational facility or other building or facility that is used or will be used by a public educational institution, or any other public facility or infrastructure that is used or will be used by the public at large or in support of an accepted public purpose or activity;

(B)

An improvement, including equipment, of a building that will be principally used by the county or the public at large or that supports a service delivery system in the public sector;

(C)

A water, wastewater, or surface water management facility or other related infrastructure; or

(D)

For projects involving a county facility owned or operated, only those projects that the governing board designates as qualifying projects pursuant to this section.

(9)

Responsible public entity means a county, municipality, school board, or any other political subdivision of the state; a public body corporate and politic; or a regional entity that serves a public purpose and is authorized to develop or operate a qualifying project.

(10)

Revenues means the income, earnings, user fees, lease payments, or other service payments relating to the development or operation of a qualifying project, including, but not limited to, money received as grants or otherwise from the federal government, a public entity, or an agency or instrumentality thereof in aid of the qualifying project.

(11)

Service contract means a contract between a public entity and the private entity which defines the terms of the services to be provided with respect to a qualifying project.

(b)

Acceptance and solicitation of proposals. The county may receive unsolicited proposals or may solicit proposals for qualifying projects and may thereafter enter into an agreement with a private entity, or a consortium of private entities, for the building, upgrading, operating, ownership, or financing of facilities. Proposers submitting unsolicited proposals shall submit three (3) complete color copies of the proposal, along with any established filing fee, to the office of purchasing official.

(c)

Findings required. Prior to entering an 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 responsible public entity or for a facility for which ownership will be conveyed to the responsible public entity.

(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 agreement by the responsible public entity.

(4)

Has adequate safeguards in place to ensure that the responsible public entity 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 responsible public entity upon completion or termination of the agreement and upon payment of the amounts financed.

(d)

[Consistency with Florida Statutes.] Prior to entering an agreement, the county shall consider a reasonable finance plan that is consistent with Florida Statutes, Section 287.05712(11); the 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 agreement.

(e)

Project approval requirements. An unsolicited proposal from a private entity for approval of a qualifying project must, unless waived by the purchasing official, be accompanied by the following material and information:

(1)

A description of the qualifying project, including the conceptual design of the facilities or a conceptual plan for the provision of services, and a schedule for the initiation and completion of the qualifying project.

(2)

A description of the method by which the private entity proposes to secure the necessary property interests that are required for the qualifying project.

(3)

A description of the private entity's general plans for financing the qualifying project, including the sources of the private entity's funds and the identity of any dedicated revenue source or proposed debt or equity investment on behalf of the private entity.

(4)

The name and address of a person who may be contacted for additional information concerning the proposal.

(5)

The proposed user fees, lease payments, or other service payments over the term of a comprehensive agreement, and the methodology for and circumstances that would allow changes to the user fees, lease payments, and other service payments over time.

(6)

Additional material or information that the county reasonably requests.

(f)

[Additional study.] In addition to the foregoing, in considering an unsolicited proposal, the county may, in relevant cases, require the private entity to submit a technical study prepared by a nationally recognized expert with experience in preparing analysis for bond rating agencies. In evaluating the technical study, the county 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.

(g)

Project qualification and process. The private entity must meet the minimum standards contained in the county's guidelines for qualifying professional services and contracts for traditional procurement projects.

(h)

[Independent analysis required.] Pursuant to Florida Statute, Section 287.05712(6)(d), once an unsolicited proposal is received and prior to the award of a contract, the county staff, aided by any required third-party professionals, shall perform and deliver to the county administrator an independent analysis of a proposed public-private partnership which examines its cost-effectiveness and overall public benefit. This analysis will normally be performed before the procurement process is initiated.

(i)

[Approval requirements.] The county may approve the development or operation of an educational facility, a transportation facility, a water or wastewater management facility or related infrastructure, a technology infrastructure or other public infrastructure, or a government facility needed by the county as a qualifying project, or the design or equipping of a qualifying project that is developed or operated, if:

(1)

There is a public need for or benefit derived from a project ofthe type that the private entity proposes as the qualifying project.

(2)

The estimated cost of the qualifying project is reasonable in relation to similar facilities.

(3)

The private entity's plans will result in the timely acquisition, design, construction, improvement, renovation, expansion, equipping, maintenance, or operation of the qualifying project.

(j)

Notice to affected local jurisdictions. Pursuant to Florida Statutes, Section 287.05712(7), the county shall furnish a copy of the proposal to each affected local jurisdiction when considering a proposal for a qualifying project, and shall consider any written comments provided to the county concerning whether the facility is compatible with the local comprehensive plan, the local infrastructure development plan, the capital improvements budget, any development of regional impact processes or timelines, or other governmental spending plan.

(k)

Final agreements to comply with law. Any final agreement negotiated between a private entity and the county shall, at a minimum, comply with the requirements of Florida Statutes, Section 287.05712(9) through (13), as amended.

(l)

Changes in law. In the event Florida Statutes, Section 287.05712 is amended such that this section becomes inconsistent with, or contains procedures more restrictive than allowed by law, then the statute shall control.

(m)

Fees. By separate resolution, the county commission will establish:

(1)

An application fee for unsolicited proposals calculated to pay the costs of evaluating such proposals, including the costs of private consultant services engaged by the county to assist in its evaluation.

(2)

A fee to cover the costs of processing, reviewing, and evaluating responses to solicited proposals, including, but not limited to, reasonable attorney fees and fees for financial and technical advisors or consultants and for other necessary advisors or consultants.

(Ord. No. 14-32, § 10, 9-23-14)