HomeMy WebLinkAboutItem 04 Approval of an Unsolicited Proposal for Public Private Partnership - Ocoee Fire StationMeeting Date: August 1, 2023
Item #: 4
Contact Name: Craig Shadrix Department Director: Robert Frank
Contact Number: Ext. 6434 City Manager: Robert Frank
Subject: Approval of an Unsolicited Proposal for Public Private Partnership - Ocoee Fire
Station. (Assistant City Manager Shadrix)
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 July 26, 2023, from Fortress Secured to construct a Fire Station by creating a
public -private partnership. Since the proposal is for a new Fire Station (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.
City of Ocoee a • Ocoee, Florida 34761
Phone:.1'1 11 • a-- • •
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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 to advertise the proposal for 45 days (consistent with the law enforcement training
center proposal and in excess of the statutory minimum of 21 days). 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.
Attachments:
None
Financial Impacts:
None.
Type of Item: Consent
City of Ocoee - 1 N. Bluford Avenue - Ocoee, Florida 34761
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