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Item 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 2