HomeMy WebLinkAboutItem 12 Unsolicited Proposal for Public Private Partnership – Ocoee Law Enforcement Training CenterContact Name:
Contact Number:
I l'
Meeting Date: November 15, 2022
Scott Cookson
407-581-9800
Item #
Reviewed By:
Department Director: Craig S d 'x
City Manager: Rob Frank y ,,
Background Summary:
Pursuant to section 255.065, Florida Statutes (hereafter the "P3 Law"), public -private partnerships are
permissible when pursued in accordance with Florida law so as to allow for greater private sector
participation in the delivery and financing of public buildings and infrastructure projects.
The City Manager received an unsolicited proposal dated November 3, 2022, from Fortress Secured to
construct a Police Training Center by creating a public -private partnership. Since the proposal is for a
new Public Safety Training facility including an indoor shooting range (and thus a qualifying project
under the P3 Law), the City may proceed with consideration of the Fortress Secured proposal as long
as the procedural elements of the P3 Law are met.
If, after evaluating the proposal, the City decides that it wants to move forward with a comprehensive
agreement to complete the project offered in the proposal, the City must publish a public notice in the
Florida Administrative Register and the local newspaper stating that the City has received the proposal
and will accept other proposals for the same project. This publication will run for two consecutive weeks.
In order to ensure that quality, competing proposals are prepared and submitted, the P3 Law requires
that adequate time be allowed for preparation and receipt of competing proposals (not less than 21 days
or more than 120 days).
Before entering into a comprehensive agreement for the project, the City must determine that the
proposed project does the following:
1. Is in the public's best interest;
2. Is for a facility that is owned by the City or will be conveyed to the City;
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 City;
4. Has adequate safeguards in place to ensure that the City or private entity has the opportunity to
add capacity to the proposed project or other facilities serving similar predominantly public purposes;
and
5. Will be owned by the City upon completion, expiration, or termination of the comprehensive
agreement and upon payment of the amounts financed.
Also, before signing a comprehensive agreement, the City must consider a finance plan that is
consistent with the P3 Law, the project cost, revenues by source, available financing, major
assumptions, the 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. There is a budgeted
commitment of $5 million dollars in the current fiscal year budget.
At this point in time, the City Commission is asked to decide whether the City should move forward with
consideration of the unsolicited proposal by providing the requisite notice, described above. If the City
intends to move forward with the unsolicited proposal, the City Manager should be authorized to hire a
consultant to assist in evaluating the unsolicited proposal as well as any other proposals received in
response to the notice.
Issue:
Should the Honorable Mayor and City Commissioners authorize the City Manager to hire a consultant
to assist in evaluating the unsolicited proposal, preparing and advertising a notice for competing
proposals, and evaluating any proposals received?
Recommendations:
Staff respectfully recommends that the Honorable Mayor and City Commissioners authorize the City
Manager to hire a consultant to assist in evaluating the unsolicited proposal, preparing and advertising
a notice for competing proposals, and evaluating any proposals received.
Attachments:
None. Please note that an unsolicited proposal received by the City is exempt from s. 119.07(1), Florida
Statutes, and s. 24(a), Art. I of the State Constitution (the public records law) until such time as the City
provides notice of an intended decision for a qualifying project.
Financial Impact:
None
Type of Item: (please mark with an 'k')
Public Hearing
Ordinance First Reading
Ordinance Second Reading
Resolution
Commission Approval
X Discussion & Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ()
For Clerk's Dept Use:
Consent Agenda
Public Hearing`
X Regular Agenda
N/A
N/A
N/A
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