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Home My WebLink About2017-02-14 Meeting Minutes Administrative Services Committee Meeting Commission Chamber - 2/14/2017 ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; M. Williams, Chairman; Jefferson, Vice Chairman; Davis and D. Williams, members. ADMINISTRATIVE SERVICES 1. Discuss compensation for custodial employees. (Requested by Commissioner Marion Williams) Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve receiving this item as information. Motion Passes 4-0. Commissioner Dennis Williams Commissioner Mary Davis Passes 2. Motion to approve the minutes of the Administrative Services Committee held on January 31, 2017. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4- 0. Commissioner Mary Davis Commissioner Andrew Jefferson Passes 3. Motion to reauthorize an ordinance designating Rocky Creek Enterprise Zone with expanded boundaries. (Originally approved by Commission June 4, 2002) Item Action: Approved www.augustaga.gov Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4- 0. Commissioner Dennis Williams Commissioner Andrew Jefferson Passes 4. Motion to request authorization for the Procurement and Law Departments to review and update the Procurement Code to incorporate recent changes in State Law regarding Partnership for Public Facilities and Infrastructure Act (SB 59) (Unsolicited Proposals). (Referred from January 31 Administrative Services Committee) Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4- 0. Commissioner Andrew Jefferson Commissioner Mary Davis Passes Administrative Services Committee Meeting 2/14/2017 1:05 PM Attendance 2/14/17 Department: Presenter: Caption: Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Administrative Services Committee Meeting 2/14/2017 1:05 PM Compensation for Custodial Employees Department: Presenter:Commissioner Marion Williams Caption:Discuss compensation for custodial employees. (Requested by Commissioner Marion Williams) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Administrative Services Committee Meeting Commission Chamber - Ll3ll20l7 ATTENDANCE: Present: Hons. M. williams, chairman; Jefferson, vice chairman; Davis and D. Williams, members. Absent: Hon. Hardie Davis, Jr., Mayor. ADMINISTRATIVE SERVICES 1. Approve a request for the replacement of 3 Ford Rangers with the purchase 3 - ItemF- 150's, with CNG/LPG engine prep package, for Environmental Services Action: Department. (Bid ltem 16-235) Approved 2. Motion to approve. a , Mr. M. Williams CommissionerAPProve abstains. Mary Davis Motion Passes 3-0 -1. Approve a request from the Utilities Department used in support of the Fort Gordon contract $48,145.00. (Bid Item 16-190) Motions ffit:" Motion rext Motions Motion Motion Textr ype Motion to approve. a.____.--, Mr. M. WilliamsADDTOVCr r abstalns. Motion Passes 3-0 -1. Made By Seconded By Made By Commissioner Mary Davis Seconded By Commissioner Andrew Jefferson Passes to replace a 2001 Ford F-350 Item from Allan Vigil Ford for Action: Approved Motion Result Motion Result 3.Discuss the Fleet Services Contract. (Requested Williams) Commissioner Andrew Jefferson Passes by Commissioner Marion Item Action: Approved Motions Motion Motion Textrype Motion to approve appointing a sub- committee composed of Mr. Hasan as Chairman, ^ __-^_-^ Mr. Guilfoyle, Mr.APProve Jefferson and Mr. M. Williams to evaluate some cost savings with the current fleet contract. Motion Passes 4-0. Made By Seconded By Motion Result Commissioner Commissioner 4. Discuss the duties and responsibilities of the Housing and Community Item Development Citizens Advisory Board. (Requested by Commissioner Marion Action:Williams) approved Andrew Jefferson Made By Commissioner Dennis Williams Marion Passes Williams Motions f#:'" Motion rext Motions i'#:'" Motion rext Made By Seconded By Seconded By Commissioner Mary Davis Motion Result Motion Result Passes Motion to approve Approve ffitrlHlf;Jlis item as fr",[T'iJ["' 3:ffi'#;1,h, passes Motion Passes 4-0. 5. Motion to approve Housing and Community Development Department's ltem contract procedure relative to authorization of agreements/contracts/[IUD forms Action:for the various federal programs administered by the Department for Approved program/calendar year 2017. (Referred from January l0 Administrative Services Committee) Approve Motion to approve. Motion Passes 4- 0. 6. Motion to approve the minutes of the Administrative Services Committee held Item onJanuary 10,2017. Motions Y:j*1"I' Motion Text Made Byr ype Motion to . aDDrove.APProve vtltion Passes 4- 0. Commissioner Commissioner Mary Davis Andrew Jefferson Passes Action: Approved 7. Motion to request authorization for the Procurement and Law Department to Item review and update the Procurement Code to include adjustments required by the Action: State of Georgia and to otherwise update the other portions of the Procurement Approved Code. Made By Made By Commissioner Andrew Jefferson www.ausustasa.sov Seconded By Seconded By Commissioner Andrew Jefferson Seconded By Commissioner Mary Davis Motion Result Motion Result Passes Motion Result Passes Motions +'JJ:"' Motion rext Motion to delete this item from the agenda and ^Defer refer it back to the next uommlssloner committee meeting. Mary Davis Motion Passes 4-0. 8. Discuss/clarification of the Commission's Rules of Procedure regarding Rule Item 1.07.08. (Requested by Commissioner Marion Williams) Action: Approved Motions Motion-^""'"" Motion Text't'ype Motion to approve a _^_--.^___ receiving this item asADDTOVEinformation. Motion Passes 4'0. Administrative Services Committee Meeting 2/14/2017 1:05 PM Minutes Department:Clerk of Commission Presenter: Caption:Motion to approve the minutes of the Administrative Services Committee held on January 31, 2017. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Rocky Creek Enterprise Zone Boundary Description – Final Revised Boundary Description: Beginning at the point of the intersection of the centerline of Milledgeville Road/Martin Luther King Jr. Boulevard and the centerline of Olive Road; thence in a southeasterly direction along the centerline of Olive Road to its intersection with the centerline of Gordon Highway (US 1/25/78/278); thence in a southwesterly direction along the centerline of Gordon Highway to a point of intersection with Peach Orchard Road (US 25); thence continuing in a southwesterly direction along the centerline of Peach Orchard Road (US 25) to a point of intersection with the centerline of Tubman Home Road/Mike Padgett Highway (State Route 56); thence continuing in a southeasterly director along the centerline of Mike Padgett Highway (State Route 56) to its intersection with the centerline of Nixon Road; thence in an easterly direction along the centerline of Nixon intersection with the right of way of the Norfolk Southern Railroad; thence in a southwesterly direction along the northwest right of way of the Norfolk Southern Railroad to its intersection with the centerline of Rocky Creek; thence in a westerly direction along the centerline of Rocky Creek to its intersection with the centerline of Deans Bridge Road; thence in a southwesterly direction along the centerline of Deans Bridge Road to the intersection with the centerline of Richmond Hill Road; thence in a southwesterly direction along the centerline Richmond Hill Road to its intersection with the centerline of the Bobby Jones Expressway (I- 520); thence in a westerly direction along the centerline of Bobby Jones Expressway to its intersection with the centerline of Old McDuffie Road; thence in a northerly direction along the centerline of Old McDuffie Road to its intersection with the centerline of Milledgeville Road; thence in a northeasterly direction along the centerline of Milledgeville Road to its intersection with the centerline of Wheeless Road; thence in a northeasterly direction along the centerline of Wheeless Road to its intersection with the centerline of Gordon Hwy (US 78/278); thence continuing in a northeasterly direction along the centerline of Highland Ave to its intersection with the centerline of CSX railroad; thence in an easterly direction along the centerline of CSX railroad to its intersection with the centerline of Killingsworth Road; thence in an southwesterly direction along the centerline of Killingsworth Road to its intersection with the centerline of Milledgeville Road; thence in a southeasterly direction along the centerline of Milledgeville Road Martin Luther King Jr. Blvd. to the point of beginning. Miles St Regency Blv d Milledgeville Rd Green MeadowsDr MurpheyRd Fifteenth St W F lo y d A v e Wh e e l e s s R d Milton Rd W i s e R d Shalimar Dr O l i v e R d Floyd Dr S i b l e y C t Fifte e nth A v e HardingRd D e xter C t Croft Rd Allen A ve Koger St M i l le d g e v i l le R d H a p p y C i r Marvin Pl K r a t h a D r Wylie Dr B r e n d a C t Wa rd Ave First Ave Estroff Ct G l e nn HillsDr Susan Cir Bass Ave Bream Ave Clary Dr D o r n C t Q uist D r Claudia Dr F i r C t Mavis St I v e y R d Lumpkin Rd Knox Ave Cactus Ct Scott Rd Suffolk Dr Princess Ct Yates Dr Ruby Dr L e e S t Ivey Rd Sherrod Dr Vernon Ct Weldon Dr Cornell Dr Derby Dr Wells Dr Virginia Rd N L e g R d Pin evie w Dr C a uth e n D r Dunham Ct Higdon St Albrig ht L n G olden Ave B ir d i e C t Frohman St Nixon Rd Meredith Dr Lumpkin Rd Elkins Ave Thomas Ln Miles Rd Busbia Ave Polo Ct Arden Ct Myrtle Ave Corbin Pl R i d g e R d Barry Dr Norton Dr S p a r k s R d P o t e e t S t Medlar St J u nip er D r W a rfie l d D r C arrier Pl Melton Rd Third Ave Circular Dr Jolles Ave Willis Dr Morehall Dr Herbert Ln H ar v a r d D r Floyd Rd Pricilla Dr Milo St T w elfth A v e S y d n e y S t O l i v e R d Arcadia Ct M o y e L n Potter Rd H a s t i n g s D r C o n n i e D r N L e g R d Bungalow Rd P e c a n S t Miles Ave LeslieCir Newman Dr S u m a c D r P ari s S t Conner Ct H a w t h o r n e D r V e t e r a n s R d Gordon Hwy R i d g e R d H a r d i n g R d Farris St Raleigh Dr Cypress St Wyman St GlennHillsDr Roxbury Ct Ele v e nth A ve Polo Rd Gibson Dr K e n s in gton DrW Alley Fairmont St W im berly Dr C ar m ell Pl Gordy Rd Belmont Ave P e r r i n R d Wylds Rd Dexter Rd C o m m e r c e D r Mixon Ct Fernwood Cir Catalina Dr J e n n if e r C t Savoy St SouthgateDr Acapulco Dr S u c c e s s A v e B elle m e a d e D r Biltmore Pl G r i ggs Ct P alm Ct S e n t r y C ir Rozella Rd Gordon HwyTateRd A c or n R d O e l l e r i c h A v e Sandra Dr D o r n R d Winter Rd Barnes Rd Alder Dr Fayetteville Dr Doris Rd Becket Ct Carp Dr F o urte e nth A v e T hirte e nth A v e M a r g a r e t C t Sibley R d Luck e y St Kaufman Dr Cooney Cir Darlington Dr Chester Ave B e r t r an d R d Douglas St T h o m p s o n D r Alley Easy St Reedale Ave Meadow St Henry Cir Blueberry Dr Bloomingdale St S u l liv an Rd Danville St Lynda Dr ParDr LionelSt W ilk i n s on C i r Abelia Dr J acksonSt Richards Rd Lively St Jordan Cir C orn er S t Woodbrier Ct G e o r g e t o w n D r Third Ave Mutimer Dr H u m m in g bird L n Bahama Dr Anne St Second Ave A s h m o r e D r King St PinewoodDr Jordan St Delmont St PennyhillDr Memory Dr Fleming Dr Lumpkin Rd First Ave Shirley Ave Old Louisville Rd Roosevelt Dr Branch St Young Forest Dr Lumpkin Rd Barrow Dr W ilc o A v e N e al S t P i e d m o n t S t Jefferson St Victoria Dr M a s o n R d C l a rkDr D i ckeyRd Gatewood Dr T u d orDr Glenn Hills Dr Thompson Rd Carroll Rd Sylvester Dr Kevin Dr Kensington Dr S Stevens Rd Redd Dr Elderberry Dr BandlerRd Lumpkin Rd C r o s s T r e e C t Gerald Dr E Chloe Ln GordonHwy Rhode s Dr Calvary Dr C o okRd Blanchard Rd DoverSt Milledgeville Rd Whistler Ln Deans Bridge Rd Eagle Dr Garr DrShark Dr Norfolk St Fairview Ave Cumberland Dr Davis Dr JudithL n Settlement Rd K e n nedyDr George Rd C herry R d BungalowRd Y o u n g Dr North Carolina Ave T u b m a n H o m e R d Oakridge St Circular Dr S t o r e y D r Hampton Dr K e n n y R d Nixon Rd N o rt o n B lv d Thom as L n O klah o m a A ve VirginiaAve Minor Pl Interstate 520 EB Peach Orchard Rd Norton Dr B ayvale R d S heratonDrHampton Cir Sims Ave Harold Rd Smith DrSanders Rd Rhonda Dr Hopie Rd Daniel Ave Roosevelt Dr A u g u s t a T e c h D r Killingsworth Rd C orn w all R d Haynie Dr Richard Ave Old Mcdu f f i e R d Wheele s s R d Deen Ave CorneliaRd C olemanAve Reese Ave Barbara Rd Golden Camp Rd JeanneRd Shirley Ave Shadow ood Dr Birdie Dr Bl a c k s t o n e StW K e n s i n g t o n D r N Sumac Dr P e a c h O r c h a r d R d R u b y D r G o l d e n C a m p R d Ridge Rd Bell Dr Cun ni n g h a m Dr Dent St KillebrewAve Tubman Home Rd W h i t e R d BaywoodDr JayAve G o r d o n H w y D e a n s B ri d g e R d Gordon Hwy Norton Rd Breeze Hill Dr Evangeline Dr J o e C o l e m a n R d Martin Rd Int e r s t a t e 5 2 0 WB V e rnonDr Richards Rd CareerDr Thomas Ln Interstate 520 EB Ofrp Doughty Rd Wi n n D r Tate Rd Overlook Rd Lumpkin Rd T r u x tonRd ColemanAve Milledgeville Rd Olive Rd Payton Rd Clinton Rd Collier Rd Deen Rd Gib s o n R d G ord o n H w y O nrp Shelby Dr G etz e n St Glenn Hills Cir Hillis Rd In t e r s t a t e 5 2 0 E B R i c h m o n d H ill R d Fran klin S t Richmond Hill Rd M ik e P a d g ett H w y B ayvale R d Chester Ave P a t e A v e D e a n s B rid g e R d Harrison Rd J e n nin g s R d W i n d s o r S p ri n g R d G o r d o n H w y Gordon Hwy Inters t a t e 5 2 0 W B Ofrp MarschalkRd G o r d o n H w y Rollingwood Dr JacquelineAve McAlpine Dr LakewoodDr Lyman St M L K i n g J r B l v d Wylds Rd Wa d e Rd BulldogWay Edward Dr MikePadgett H w y Go r d o n H w y EaglesWay Interstate 520 E B Old Mcduffie Rd Eastside Ct Lumpkin Rd D e a n s B rid g e R d H a m i lton Dr Old Savannah Rd Interstate520WBOnrp R o c k y C re e k R d Wald en Dr Georg e t o wn Dr W o ote n R d I n t er s t a t e 5 2 0 W B Kindling Dr D e a n s B r i d g e R d Benson Rd LumpkinRd A u g usta TechDr Interstate 520 W B Interstate520EB Legend Rocky Creek Original EZ Rocky Creek Proposed Expansion Rail Roads Rocky Creek Enterprise Zone - Proposed ExpansionRocky Creek Enter prise Zone - Proposed Expansion Produced By:City of AugustaInformation Technolgy Department - GIS Division525 Telfair Street, 3rd FloorAugusta, GA 309011/5/2017 chanti Augusta, GA Disclaimer The data represented on this map has been compiled by the best methods available. Accuracy is contingent uponthe source information as compiled by various agencies and departments both internal and external to theconsolidated government of Augusta, GA. Augusta, GA and the companies contracted to develop these data assumeno legal responsibilities for the information or accuracy contained on this map. It is strictly forbidden to sell orreproduce these maps or data for any reason without the written consent of the Augusta-Richmond CountyCommission. E 0 1,000500 Feet Document Path: \\augres005\GIS\001_GISMaps\002_Internal\Housing & Development\RockyCreek_Reauthorization\RockyCreek_EntZone_Proposed.mxd Administrative Services Committee Meeting 2/14/2017 1:05 PM Reauthorization of Rocky Creek Enterprise Zone Department:Housing and Community Development Presenter:Housing and Community Development Caption:Motion to reauthorize an ordinance designating Rocky Creek Enterprise Zone with expanded boundaries. (Originally approved by Commission June 4, 2002) Background:The Augusta Code at 2-4 provides for the designation of Enterprise Zones as an economic development incentive for depressed areas suffering from disinvestment as a way to encourage reinvestment in housing and employment for the area. The area previously designated as Rocky Creek Enterprise Zone meets the criteria for designation and reauthorization found at O.C.G.A. 36-88-8. With the assistance of these incentives, the area encompassing the Rocky Creek Enterprise Zone projects to see continued growth and development over the coming years. The designation, in place since 2002, will continue to allow for the incentives to businesses that create 5 or more new jobs being exempt from ad valorem taxes on a scale over a 10-year period. Residential investment, with a minimum 5:1 improvement value, will also continue to be encouraged through the continued 10-year graduated ad-valorem property tax exemption as well. To better encourage economic development in the area, we are recommending extending the boundaries of the Rocky Creek Enterprise Zone to incorporate additional commercial and light industrial areas located directly adjacent to the previously existing boundaries. Please reference the attached maps and boundary descriptions for precise descriptions of the recommended boundary expansions. Analysis:The incentives of tax abatement are positive, and the theory is that revenue not realized due to the abatement would not have happened without the incentives. The abatement schedule for ad valorem taxes is as follows: -100% first 5 years; -80% for years 6 and 7; -60% for year 8; -40% for year 9 and -20% for year 10 In addition, the City could elect to waive fees and other forms of revenue. Financial Impact:See above. Alternatives:a)Re-authorize Rocky Creek Enterprise Zone with recommended boundary expansions (see attachment), b)Reauthorize Rocky Creek Enterprise Zone with previously existing boundaries, c)Do not re-authorize the Rocky Creek Enterprise Zone. Recommendation:Re-authorize Rocky Creek Enterprise Zone with recommended boundary expansions. Funds are Available in the Following Accounts: N/A. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission SB 59/AP Senate Bill 59 By: Senators Hill of the 6th, Mullis of the 53rd, Gooch of the 5lst, Beach of the 2lst and Hill of the 32nd AS PASSED A BILL TO BE ENTITLED AN ACT I To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, 2 and Title 50 of the Official Code of Georgia Annotated, relating to state government, so as 3 to provide for definitions; to provide guidelines for projects; to create the Partnership for 4 Public Facilities and Infrastructure Act Guidelines Committee and to provide for its 5 membership, terms, allowances, duties, and support; to provide for the manner by which 6 projects may be initiated; to provide for the approval process for projects; to provide for 7 evaluation criteria and review; to provide for agreements; to provide for default and 8 remedies; to provide for financing and grants; to provide for service contracts; to provide for 9 the dedication of certain property interests; to provide for sovereign immunity; to provide for l0 police powers; to provide for application of open meetings and open records laws; to provide I I a short title; to provide for related matters; to provide an effective date; to repeal conflicting 12 laws; and for other purposes. t5 l3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as the "Parbrership for Public Facilities and 16 Infrastructure Act." SECTION 2. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding a new article to Chapter 91, relating to public works bidding, to read as follows: "ARTICLE 5 s. B. 59-l- t4 t5 t7 l8 t9 20 t5 2t 22 23 SB 59/AP 36-91-r 10. As used in this article. the term: asreement between the orivate entity 24 and the I 15. 25 (2) 'Develoo'or'development'means to olan. design. develop. finance, lease. acquire. 26 install. construct. operate. maintain. or expand. 27 (3) 'Local authority' means any local authoritv created pursuant to a local or eeneral Act 2g of the General Assembly. includine a joint public instrumentality. 29 (4) 'Local govemment' means any county. municipalit)r. consolidated governrnent. or 39 board ofeducation. 3l (5) 'Private entity' means any natural person. comoration. eeneral partnership. limited 32 liabilitY comPany. limited parhershio. joint venture. business fust. public benefit 33 3a :s Eovemment or submitted by a orivate entity as an unsolicited proposal in accordance with 36 this article and subsequently reviewed and anproved b], a local eovemment. within its 37 sole disc.etior- as meetins a p,rblic putpose or p.,blic need. This term shall not include 3g and shall have no aoplication to any oroject involvingl 39 (A) The Seneration of electric energy for sale pursuant to Chapter 3 of Title 46: 40 (B) Communications services pursuant to Articles 4 and 7 of Chapter 5 of Title 46:4l (c) cuble *d rid"o se*ice. p*so*t to chupt".76 of thi, titr", o, 42 (D) Water reservoir projects as defined in paraeraoh ( l0) of Code Section 12-5-47 1 . +o operation of a qualifyins proiect. 47 (.8) 'Unsolicited proposal' means a written proposal for a qualiirine rfroiect that is 4g received by a local govemme.rt arrd is not in resoonse to any request for proposal for a 49 qualit/ine project issued by a local government. 36-91-llt. (a) The Partnership for Public Facilities and Infrastructure Act Guidelines Conunittee is 52 established to prepare model zuidelines for local sovemments in the imolementation of this article. s. B. 59 ,!-L- s0 5l 43 l5 SB 59/AP 54 (b) The comrnittee shall be composed of ten persons. Except for the local qovemment 55 officials or staff aopointed to the committee. each committee member shall have subject 56 matter expertise in architecture. construction manaeement. ensineerine. finance. or real 57 estate development. These appoinhrents shall be made as follows: 58 (l) The following members shall be aopointed by the Governor: 59 (A) One member or employee of a county eovendne authorit-v: 60 (B) One member or emplovee of a municipal governing authoritv: 61 (C) One member or employee of a local board of education: and 62 (D) One licensed member of the State Bar of Georsia with expertise in representing 63 local government in public works construction. 64 (2) The followine members shall be appointed by the Speaker of the House of 65 Representatives. provided that one of these appointees shall have expertise in workine 66 with local sovernment: 67 (A) One member of the business communitv with expertise in construction 68 management ernployed by a finn with less than $25 million in annual revenue: 69 (B) One member of the business community who is a licensed architect and 7O (C) One member of the business communi8 with exoertise in real estate development: 7l and 72 (3) The following members shall be appointed by the Lieutenant Governor. provided 1@.73 one of theqe appointees shall have exoertise in workins with local qovemment: 74 (A) One member of the business community with expertise in construction 75 management employed by a firm with more than $25 million in annual revenue: 76 (B) One member of the business community who is a licensed professional engineer: 77 and 78 (C) One member of the business communitv with expertise in finance. 79 (c.) The terms of these committee aopointments shall be for two years. At least ttnee of 80 tlrese appointees shall reside outside of the metropolitan Atlanta area. The appointments 81 shall be made as soon as feasible. but not later than Auzust 1. 2015. The committee shall 82 meet once a month or as needed and shall issue model guidelines to local eovemments no 83 later than July l. 2016. Such zuidelines shall be updated every two years. The members 84 of the committee shall elect a chairperson and a vice chairperson who shall serve for 85 two-year terms in such office. 86 (d) Citizen members shall receive a daily expense allowance in the amount specifred in 87 srrhsecfion (h't of Code Section 45-7-21 as well as the mileaee or transDortation allowance 88 s. B.59 -3- authorized for state employees. SB 59/AP 89 (e) Staff suDDort shall be provided by the Department of Administative Services. the 90 Governor's office. and the Offrce of Planning and Budget. 9t 36-91-1t2. 92 (a) Prior to executing any comprehensive agreement for the development or operation of 93 a qualit^ng project pusuant to an unsolicited oroposal received b), a local sovernment 94 under this article. the local sovemment shall adoot either: 95 (1) The model guidelines from the ParErership for Public Facilities and Infrastructure Act 96 Guidelines Committee: or 97 (2) Its own guidelines as a oolicy" rule. regulation. or ordinance. which shall contain each 98 of the factors identifred in subsection (b) of this Code section. 99 (,b) The model zuidelines shall include. at a minimum. the followine: 100 (1) The Deriod of time each calendar year when the local eovemment will consider l0l receivins. Drocessing. reviewine. or evaluating unsolicited proposals for quali+/ing 1g2 Projects. and such limited time period shall be established within the sole discretion of 103 the local government: (2) Procedures for the financial review and analysis ofan unsolicited proposal tlhat may include: (A) A cost-benefrt analysis: 15 104 105 106 107 108 109 ll0 lll tt2 tt4 ll9 120 t2l t22 s.8.59 -4- I 13 or debt or equity investments bv the private entiW: and an unsolicited proposal: proposals: 123 126 127 15 SB 59/AP (-6) Procedures for ttre processing, review. and consideration of competing proposals. and 124 the period for the processing. review. and consideration of competing orooosals shall not 125 be less than 90 days: (7) Procedures for deterrninine whether information included in an unsolicited proposal shall be released as oart ofany reouest for prooosals to ensure fair comoetition: and 128 (8) Procedures for identifying and appointing an indeoendent owner adviser to the local 129 ggvernment with expertise in architecture. engineerine. or construction management to 130 assist in the evaluation of an unsolicited prooosal and to serve as owner adviser to the local 13l government if the local sovemment chooses to pursue any ensuing solicited bid process. The local sovernment shall not be oblieated to engaee such services. 36-91-1 13. (a) If a local government adopts a rule. regulation. or ordinance affirming its participation 135 in the process created in this article. a orivate entity may submit an unsolicited proposal for 136 a project to the local government for review and determination as a qualitiing project in 137 accordance with the zuidelines established by the local government. Any such unsolicited 138 proposal shall be accompanied by the followine material and information: I 3 9 ( 1 ) A proj ect description. including the location of the proj ect. the conceptual design o f I 40 such facility or facilities. and a conceptual plan for the provision of services or l4l technology infrastructure: 142 (2) A feasibility statement that includes: 143 (A) The method by which the orivate entity proposes to secure anlz necessary property 144 interests required for the project: 145 (B) A list of all oermits and approvals required for the project from local. state. or 146 federal agencies: and * 147 (C) A list of public utility facilities. if any. that will be crossed by the project and a 148 statement of the plans of the orivate entity to accommodate such crossings: 149 (3) A schedule for the initiation and completion of the proiect to include the oroposed 150 major responsibilities and timeline for activities to be performed by both the local 151 government and private entity as well as a proposed schedule for obtaining the permits 152 and aoprovals required in subparagraph (B) ofparaeraoh (2) ofthis subsection: 153 (.4) A financial plan setting forth the private entitv's general plans for financine the 154 project. including the sowces of the private entity's funds and identification of any 155 dedicated revenue source or proposed debt or equit-v investment on behalf of the private 156 entity: a s. B. s9 -5- 132 133 t34 15 sB 59/AP ,-description of user fees. lease payments. and other service payments over the 157 term of the comprehensive aereement pursuant to Code Section 36-91-115: and the 158 methodology and circumstances for changes to such user fees. lease Da)rrnents. and other 159 service payments over time: lSQ (5) A business case statement that shall include a basic description of any dfuect and 161 indirect benefits that the private entity can provide in deliverins the project. includine 162 relevant cost. qualitv. methodolosv. and process for identifying the oroject and time 163 frame data: 164 (6) The names and addresses of the persons who may be contacted for fur,ther 165 information concerning the unsolicited proposal: and 166 (7) Such additional material and information as the local qovernment may reasonably 167 reqgest. 168 (b) For an.'r unsolicited proposal of the development of a proiect received by a local 169 governrnent. the local government may charge and retain a reasonable fee to cover the costs 170 of processine. reviewine. and evaluating the unsolicited oroposal. including. without 171 limitation. reasonable attorney's fees and fees for financial. technical. and other necessar-v 172 advisers or consultants. 173 (c) The local government may reject any proposal or unsolicited prooosal at any time atdl74 shall not be required to orovide a reason for its denial. If the local govemment rejects a 175 proposal or unsolicited proposal submitted by a Eivate entity. it shall have no obligation 176 to return the proposal. unsolicited proposal. or any related materials following such 177 rejection. 178 (d) A private entity assumes all risk in submission of a proposal or unsolicited proposal 179 in accordance with subsections (a) and (b) of this Code section. and a local eovernment 180 shall not incur any oblieation to reimburse a private entity for any costs. damaees. or loss l8l of intellectual property incurred by a private entitv in the creation. development. or 182 submission of a proposal or unsolicited proposal for a quahryins project. 183 36-91-1t4. 184 (a) The local government may approve the project in an unsolicited prooosal submitted by_185 a orivate entitv pursuant to Code Section 36-91-113 as a qualitrins project. Determination 1 86 by the local govemment of a qualitving proj ect shall not bind the local government or the 187 private entity to proceed with the qualiffine project. 188 (b) Upon the local eovernment's determination of a qualirying project as orovided in 189 subsection (a) of this Code section. the local government shall: 190(1) Seekcompetineproposalsforthequaliryingprojectbyissuinearequestforl9lprspscab for not less than 90 days: and s. B. 59 -6- SB 59/AP 192 (2) Review all proposals submitted in response to the request for proposals based on the 193 ;riteria established in the request for proposals. 194 (c) When the time for receivins nrooosals exoires- the local sovernment shall first rank the 195 proposals in accordance with the factors set forth in the request for proposal or invitation 1!S for bids. The local govemment shall not be required to select the proposal with the lowest l!/ price offer. but it may consider price as one of various factors in evaluatins the proposals llg received in resoonse to the reouest for prooosals for a quafirying project. Factors that ma], 199 be considered include: 200 (1) TheprooosedcostofthequaHqiineoroiect: 201 (2) The general reputation. industr.v experience. and financial capacitv of the private 202 entity: (3) The oroposed design of the qualifying project: (4.) The elieibility of the facilitv for accelerated selection. review. and documentation timelines under the local government's guidelines: (5) Benefits to the public: (6) The orivate entity's compliance with a minority business entemrise participation plan: (7) The private entitv's olans to emnloy local contractors and residents: and 209 (8) Other criteria that the local govemment deems appropriate. 210 (d) After rankine the proposals. the local eovernment shall beein neeotiations with the frst 2l I ranked orivate entity. If the local eovemment and the first ranked private entity do not 212 reach a comprehensive agreement or interim agreement. then the local govemment may 213 conduct nesotiations with the next ranked private entity. This orocess shall continue until2l4 the local government either voluntarily abandons the process or executes a comrrrehensive 21 5 216 (e) At any time during the process outlined in this Code section but before the firll 217 execution of a comorehensive aereement. the local govemment may. without liability to 213 anY Drivate entitY or third party. cancel its request for oroposals or reject all pronosals 219 -received in response to its reouest for proposals. including the unsolicited proposal. for an:r 22g reason whatsoever. 221 (0 Nothine in this article shall enlarse. diminish. or affect the authorit),. if any. otherwise 222 possessed by the local government to take action that would impact the debt capacity of the 223 State of Georsia or anv local eovernment. The credit of this state shall not be pledged or 224 loaned to any private entity. The local govemment shall not loan money to the private 225 entity in order to finance all or a oortion of the qualitrine project. A multiyear lease entered 226 intob:r a local sovemment which is not terminable at the end of each fiscal year during the 227 term of s. B. 59 -7 - 15 203 204 205 -206 207 208 15 SB 59/AP -tne rcase sndt Ue co 228 lease. and ,uch lease shall aoply aeainst the debt limitations of the local eovemment. 229 36-91-115. 230 (a) The comprehensive aqreement entered into between the local sovernment and the 231 orivate entity selected in accordance with this article shall include: 232 (l) A thorougtr description of the duties of each party in the completion and ooeration 233 of the qualit/ing oroject: 234 (2) Dates and schedules for the completion of the qualiiiine oroiect: 235 (3) Any user fees" lease payments. or service payments as may be established by 236 aereement of the parties. as well as any process for changinq such fees or payments 237 throughout the term ofthe asreement. and a copy ofany service contract: 238 (4) Any reimbursements to be paid to the local government for services provided by the 239 local government: ..-240 (5) A process for the review of plans and specifications for the qualityine project by the 241 -ocal government and approval by the local government if the plans and specifications 242 conform to reasonable standards acceotable to the local government: 243 (6) A process for the periodic and final inspection ofthe qualitring project by the local 244 government to ensure that the private entity's activities are in accordance with the 245 provisions of the comprehensive agreement: 246 (7) Delivery of performance and payment bonds in the amounts required in Code 247 Sections 36-91-70 and 36-91-90 and in a form acceotable to the local eovernment for 248 those components of the qualif.ving project that involve construction. and surety bonds. 249 letters of credit. or other forms of securitv acceptable to the local sovemment for other 250 phases and components of the development of the qualifying project: 251 (8) Submission of a oolicy or policies of public liabilitv insurance. copies of which shall 2Jl be filed with the local eovernment accompanied by proofs of coverage. or self-insurance. 253 each in form and amount satisfactory to the local eovernment and reasonably sufficient 254 to ensure coverage of tort liability to the public and employees and to enable the 255 continued .rperation of the quafiryme project: 256 (9) A process for monitorine the practices of the private entity by the local eovernment 2JJ to ensure that the quali8rins project is prooerly maintained: 258 ( 10) The filine of approoriate financial statements to the local government on a periodic 259 basis: and 260 (11) Provisions eovernine the rights and responsibilities of the local eovemment and rhe 261 private entity-in the event that the comprehensive agreement is terminated or there is a 262 material default by the private entity. includine conditions governing s. B. 59 -8- 15 SB 59/AP ., assumption of the 263 duties and responsibilities of the private entitv by the local govemment and the transfer 264 or purchase of property or other interests of the private entity by the local government. 265 including provisions compliant with state constitutional limitations on public debt by the 266 local sovemment. Such policies and procedures shall be consistent with Code 267 Section 36-91-1 16. 268 (b) The comprehensive asreement may include such other terms and conditions that the 269 local eovernment determines will serve the public purpose of this article and to which the 270 private entit), and the local sovernment mutually asree. includins. without limitation. 271 provisions reearding unavoidable delays and provisions where the authoritv and duties of 272rhe private entity turder this article shall cease and the qualit/ins oroject is dedicated to the 273 local government for public use. 274 (c) Any chanses in the terms of the comprehensive asreement. as may be agreed upon by 275 the parties from time to time. shall be added to the comprehensive ag:eement by written -276 amendment. )77 (d) The comprehensive aereement may provide for the development of phases or segments 278 of the qualifying project. 279 36-9r-116. 280 (a) Intheeventofamaterialdefaultbytheprivateentity.thelocalsovernmentmav28l terminate. with cause" the comprehensive agreement and exercise any other rights and 282 remedies that may be available to it at law or in equity. includine. but not limited to. claims 283 under the maintenance. performance. or payment bonds: other forms of securitv: or letters 284 ofcredit requfued by Code Section 36-91-1 1 5. 285 (b) The local government may elect to assume the responsibilities and duties of the private 286 entity ofthe oualitrine project. and in such case. it shall succeed to all ofthe risht. title. 287 and interest in such qualifoine oroject subiect to statutory limitations on the availability of 288 future aooropriated or otherwise unoblieated funds. 289 (c) The power of eminent domain shall not be delegated to any nrivate entity with respect -90 to any project commenced or proposed oursuant to this article. Any local govemment 291 havinq the power of condemnation under state law may exercise such oower of 292 condemnation to acquirc the qualifyine project in the event of a material default by the 293 private entitv. Any person who has perfected a security interest in the qualitvine project 294 may participate in the condemnation proceedings with the standine of a property owner. 295 (d) In the event the local government elects to take over a qualit/ing project pwsuant to 296 subsection (b) of this Code section. the local government may develop the qualifying 297 oroject. impose user fees. and impose and collect lease payments for the use thereof. s. B. 59-9- 15 SB 59/AP 36-91-117. All power or authority granted by this article to public entities shall be in addition and 300 supplemental to. and not in substitution for. the powers conferred by any other eeneral. 301 special. or local law. The limitations imoosed by this article shall not affect the powers 302 conferred by any other general. special. or local law and shall apply only to the extent that 303 a local govemment elects to proceed under this article. 36-91-1 18. Nothing in this article shall be construed as or deemed a waiver of the sovereign or official immunity of any local eovernment or any officer or employee thereof with respect to the participation in. or approval of. all or any oart ofthe qualifyine proiect or its operation. 308 including. but not limited to. interconnection of the qualifying project with any other 309 infrastructure or project. SECTION 3. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended 323 by adding a new chapter to read as follows: ''CHAPTER 5C 50-5C-1. As used in this chapter. the term: s. B. 59 -10- ..-298 299 304 30s 310 36-91-tt9. i 1 I (-a) Local eovernments that proceed with procurement pursuant to competitive sealed 312 biddine as defined in Code Section 36-91-2. or any other purchasins ootions available 313 under current law. shall not be required to comoly with this article. 314 (b) Nothine in this article shall apoly to or affect the State Transportation Board. the 315 Department of Transportation. or the State Road and Tollway Authoritv. or any project 316 thereof. 317 (c) Nothing in this article shall abrogate the obligations of a local government or private 318 entitv to comply with the public meetines requirement in accordance with Chapter 14 of 319 Title 50 or to disclose public information in accordance with Article 4 of Chapter 18 of 320 Title 50." 306 307 321 322 324 325 326 15 327 SB 59/AP (l) 'Affected local jurisdiction' means any county. municipality. or school district in 328 which all or a portion of a qualirying project is located. 329 (2) 'Comprehensive agreement'means the written aereement between the private entity 330 and the responsible public entity required by Code Section 50-5C-5. 331 (3) 'Develop'or'development'means to plan. design. develop. finance. lease. acquire.332 install. construct. operate. maintain. or exoand. 333 (4) 'Person' means an individual. corporation. partnershio. trust. association. or other 334 legal entity. 335 (5) 'Private entity' means any natural oerson. comoration. seneral partnership. limited 336 liability company. limited oartrrership. ioint venture. business trust. public benefit 337 comoration. nonorofit entity. or other business entity. 338 (6) 'Public entity'means a department. agency. board. bureau. commission, authority. or 339 inskumentality of the State of Georgia. including the Board of Reeents of the Universitv 34Q -.System of Georgia as well as a local eovernment or local authority. 341 (7) 'Oualitrine project' means any project submitted by a private entit-y as an unsolicited 342 DroPosal in accordance with this chapter and subsequently reviewed and approved by a 343 responsible public entilv. within its sole discretion. as meetine a public oumose or public 144 need. This term shall not include and shall have no application to anv oroject involvine: 345 (A) The generation of electric enerey for sale pursuant to Chapter 3 of Title 46: 346 (B) Communications services oursuant to Articles 4 and 7 of Chapter 5 of Title 46: 347 (c) cable and video services pursuant to chapter 76 of ritle 36: or 348 (D) Water reservoir projects as defined in paraeraph (10) of Code Section 12-5-471. 349 which shall be eoverned by Article 4 of chaoter 9l of ritle 36. 350 (8) 'Responsible public entity' means a public entity that has the power to contract with 351 a private entity to develop an identified qualitrine prolect. For any unsolicited oroposal 352 for a project at one or more institutions of the University System of Georgia. the 353 responsible public entit-v shall be the Board of Reeents of the University System of 354 Georgia or its -4esignees. For any unsolicited proposal for a oroJect for one or more state 355 sovernment entities. other than an institution of the University System of Georeia. the 356 responsible public entity shall be the State Properties Commission. 357 (9) 'Revenue'means all revenues. income. eamings. user fees. lease pa)rments. or other 35g service Dalrments arising out of or in connection with suoporting the develorrment or 359 operation of a qualifying proiect. 360 (10) 'Unsolicited proposal' means a written oroposal for a qualitring project that is 361 received by a responsible public entity and is not in resoonse to an.'y request for proposal 362 issued by a responsible public entity. s. B. 59 - 11- SB 59/AP .363 50-5C-2. i64 For any oualitring oroiect undertaken by the State Properties Commission- the Georeia 365 State Financing and Investrnent Commission shall be solely authorized to develop 366 guidelines for this process. For any qualifrine project undertaken b), the University 367 System of Georeia. the Board of Reeents of the Universitv System of Georsia shall be 368 solely authorized to develop guidelines for this process. 369 50-sC-3. 370 (a) Between May I and June 30 of each year. a private entitv may submit an unsolicited 371 proposal for a project to the responsible public entitv for review and determination as a372 qualifying project in accordance with the guidelines established b], Code Section 50-5C-2. 373 Any such unsolicited proposal shall be accompanied by the following material and 374 information: 375 (l) A project description. includine the location ofthe project. the conceptual design ofllS such facility or facilities. and a conceptual plan for the provision of services or -- 377 technology infrastructure: 378 (2) A feasibility statement that includes: 379 (A) The method by which the orivate entitv proposes to secure an:r necessary oropert], 380 interests required for the project: 381(B) Alistofallpermitsandapprovalsrequiredfortheprojectfromlocal.state.or382federal agencies: and 383 (C) A list of public utility facilities. if any. that will be crossed by the project and a 394 statement of the olans of the private entity to accommodate such crossings: 385 (3) A schedule for the initiation and completion of the oroject to include the proposed 3g6 maior reqponsibilities and timeline for activities to be oerformed b), both the public and 3g7 Drivate entity as well as a nroposed schedule for obtaining the perrnits and aoprovals 388 required in suboaragraph (B) ofparagraph (2) ofthis subsection: 389 (4) A financial plan settine forth the orivate entity's eeneral olans for financing the 39g project. includins the sources of the orivate entity's funds and identification of any 391 dedicated -evenue source or proDo 392 entiY.. a description of user fees" lease pa ments. and other service payments over the 393 term of the comprehensive aereement pursuant to Code Section 50-5C-5: and the 394 methodology and circumstances for changes to such user fees. lease payments. and other 395 service payments over time: 396 (5) A business case statement that shall include a basic description of any direct and 397 indirect benefits that the private entitv can provide in deliverine the oroJect. includins 398 relevant cost. ouality. methodoloey. and process for identit/ing the project and time 399 frame data: s. B.59-t2- t5 15 sB 59/Ap -_ 400 (6) The names and addresses of the oersons who may be contacted for further 401 information concernine the unsolicited proposal: and 402 (D Such additional material and information as the respbnsible public entit), may 4g3 reasonably request. 404 (.b) For any unsolicited nroposal for the development of a project received b), a responsible 405 public entity. the private entity shall reimburse the responsible oublic entity for the actual 496 costs incurred to process. review. and evaluate the unsolicited proposal. includine. without 407 limitation. reasonable attorney's fees and fees for financial. technical. and other necessary 4gg advisers or consultants. 409 (c) Any private entity submitting an unsolicited proposal under subsection (a) of this Codle 410 section to a resoonsible public entitv shall also notif), each affected localjurisdiction by 41 1 fumishing a copy of its unsolicited proposal to each affected local jurisdiction. 412 (d) Each affected localjurisdiction that is not a responsible public entit], for ttre respective 413 Droiect may. within 45 days after receivine such notice. submit any comments reeardin&414 ..- the unsolicited oroposal it may have in writine to the responsible public entitv and indicate 415 whether the project is compatible with local plans and budgets. A proiect shau be 416 consistent with zonine and land use rezulations of the responsible public entity and each 417 affected local iurisdiction. 418 (e) The responsible public entit), may reject any proposal or unsolicited proposal at any 419 time and shall not be requircd to provide a reason for its denial. If the responsible public 420 Zt no obligation to return the prooosal. unsolicited proposal. or any related materials 422 followine such rejection. 423 424 42s 428 429 426 or 427 431 the 432 oroject. 433 (b) Upon the resoonsible public entity's determination of a qualit ing oroject as provided 434 in subsection (a) of this Code section. the resoonsible oublic entitv shall: s. B. s9 -13- submission ofa proposal or unsolicited p.oposal for a qualifyrne proJect. 15 sB 59/AP ,435 (l) Seek competins proposals for the qualiryins project by issuins a request for 436 prooosals rbr not less than 90 days: and 437 (2) Review all proposals submitted in response to the request for prooosals based on the 438 criteria established in the request for proposals. 439 (c) 's/hen the time for receiving proposals expires. the responsible public entitv shall first 440 rank the proposals in accordance with the factors set forth in the request for proposal or 441 invitation for bids. The responsible public entity shall not be required to select the proposal 442 with the lowest price offer. but it may consider price as one of various factors in evaluatin&443 the oroposals received in response to the request for proposals for a qualif]ring project. 444 Factors that malz be considered include: 445 (1) Theproposedcostofthequalifyineproject: 446 (2) The eeneral reputation. industr.v experience. and financial capacit-v of the private 447 entity; 448 -449 450 451 452 (3) The proposed desien of the qualitring project: (4) The eligibility of the facility for accelerated selection. review. and documentation timelines under the responsible oublic entity's guidelines: (5) Benefits to the oublic: L6) The private entity's compliance with a minority business entemrise narticipation plan: 453 (7) The orivate entitv's plans to employ local contactors and residents: and 454 (8) Othe. ctiteria that the.esporrsible public entity deems appropriate. 455 (d) After rankine the prooosals. the resoonsible public entity shall begin nesotiations with 456 the fllst ranked private entity. If the responsible public entitv and the first ranked private 457 entitY do not reach a comprehensive aereement or interim agreement. then the responsible 453 Dublic entity may conduct nesotiations with the next ranked orivate entity. This process 459 shall continue until the responsible public entity either voluntaril), abandons the process or 466 executes a comprehensive agreement or interim agreement with a Drivate entity. 461 (e) At any time during the orocess outlined in this Code section but before full execution 462 463 Drivate entitY or third party. cancel its request for prooosals or reiect all Droposals receivedl 464 in resDonse to its request for proposals. including the unsolicited prooosal. for anlr reason 465 whatsoever. 466 (fl Nothine in this chapter shall enlarge. diminish. or affect the authoritv. if any. otherwise 467 possessed by the responsible oublic entity to take action that would impact the debt 468 capacitv of the State of Georsia. The credit of this state shall not be pledeed or loaned to 469 any orivate entity. The resoonsible public entit), shall not loan money to the orivate entity 470 in order to finance all or a portion of the qualitrine project. All s.8.59 -14- SB 59/AP Dower or authority granted 471 by this chaoter to oublic entities shall be in addition to and supplemental to. and not in 472 substitution for. the powers conferred by any other general. special. or local law. The 473 limitations imposed by this chapter shall not affect the powers conferred by any other 474 general. special. or local law and shall apoly only to the extent that a public entity elects 475 to proceed under this chapter. A multiyear lease entered into by the state as lessee under 476 this Code section which is not terminable at the end of each fiscal year during the term of 477 the lease shall be subject to and comply with the provisions of Code Section 50-16-41. 478 specifically including compliance with any multiyear contract value authority adopted by 479 the Georeia State Financine and Invesknent Commission for each fiscal year. 480 50-5C-5. 481 (a) The comprehensive agreement entered into between the responsible oublic entit), and 482 the orivate entity selected in accordance with this chapter shall include: --483 (l) A thorough description of the duties of each partv in the completion and operation 484 ofthe qualitrins project: 485 (2) Dates and schedules for the completion of the qualifyine project: 486 (3) AnY user fees. lease payments. or service payments as ma.'t be established by 437 aqreement of the Darties. as well as any orocess for changine such fees or pavments 4gg thro,,ghorrt the ter- of the ae.eement. and a copy of any service contract:489 +qo by the responsible public entitv: 491 15 492 493 494 495 responsible 499 oublic bonds. letters of credit. or other forms of securitv acceptable to the responsible public 501 entitv for other phases and comoonents of the development of the qualifying project: s03 be filed with the responsible public entit, accomoanied by proofs of coverase. or 504 self- imuance. each in form and amount satisfactory to the resoonsible public entitv and s. B. 59 -15- of the comprehensive agreement: 15 SB 59/AP 505 reasonably sufficient to ensure coverage of tort liability to the public and employees and 506 io enable the continued operation of the oualifring project: 507 (9) A process for monitorine the practices of the private entity by the responsible public 508 entity to ensure that the qualiffine project is properly maintained: 509 (10) The filing of appropriate financial statements to the resoonsible public entitv on a 510 Leriodic basis: and 5 I I ( I 1) Provisions sovernine the rights and responsibilities of the responsible public entit), 5 1 2 and the private entity in the event the comprehensive agreement is terminated or there is 513 q material default by the private entity" includine conditions governine assumption of the 514 duties and responsibilities ofthe private entity bv the responsible public entitv and the 515 transfer or purchase of property or other interests of the private entity by the responsible 5 16 public entitv. includine provisions compliant with state constitutional limitations on 517 public debt. 5 18 (b) The comprehensive aereement may include such other terms and conditions that the 519 resporsible oublic entity determines will serve the public pumose of this chaoter and to 520 which the private entity and the resoonsible public entity mutually aeree. includine. 521 without limitation. provisions reeardins unavoidable delays and provisions where the 522 authority and duties of the private entity under this chapter shall cease. and the qualifying 523 project is dedicated to the responsible public entity. 524 (c) Any chanees in the terms of the comprehensive agreement. as may be aereed uoon by 525 the parties from time to time. shall be added to the comprehensive asreement by written 526 amendment. 527 (d) The comorehensive agreement ma), provide for the develooment of phases or seements 528 of the qualit/ing oroject. s29 50-5C-6. 530 (a) In the event of a material default bv the private entity. the responsible public entity may 531 terminate. with cause. the comorehensive aqreement and exercise any other riehts and 532 remedies that may be available to it at law or in equitv. including. but not limited to. claims 533 under the maintenance. Derformance. or payment bonds: other forms ofsecuritv: or letters 534 ofcredit required by Code Section 50- 5C-5 in accordance with Code Sections 13-10-40 535throueh 13-10-65. 536 (b) The responsible public entity may elect to assume the responsibilities and duties of the 537 private entity ofthe oualifying proiect. and in such case. it shall succeed to all ofthe right. 538 title. and interest in such qualifying project. 539 (c) The oower of eminent domain shall not be delegated to any orivate entity with respect 540 to anv project commenced or oroposed pursuant to this chapter. Any responsible public 541 s. B. 59 -16- ls sB 59/AP . entity having the power of condemnation under state law malz exercise such oower of 542 condemnation to acquire the qua[qring pro.iect in the event of a material default by the 543 private entity. Any person who has perfected a security interest in the qualifyrne project 544 may participate in the condemnation proceedines with the standins of a property owner. 545 (d) In the event the resoonsible public entity elects to take over a oualifyine project 546 pursuant to subsection (b) of this Code section. the resoonsible public entity may develop 547 the qualifi/ine project. impose user fees. and impose and collect lease pa)rments for the use 548 thereof. 549 50-5C-7. 550 All power or authority granted by this chapter to public entities shall be in addition and 551 supolemental to. and not in substitution for. the powers conferred bv atr), other qeneral or 552 special law. The limitations imoosed by this chapter shall not affect the powers conferred 553 by any other eeneral. special. or local law and shall apply only to the extent that a public 554 entitv elects to proceed under this chapter. i55 50-5C-8. 556 Nothing in this chapter shall be construed as or deemed a waiver of the sovereien or 557 official immunity of anv responsible public entity or any officer or emololyee thereof witlh 558 respect to the participation in. or aporoval of. all or an), part ofthe qualitring project or its 559 oDeration. includins. but not limited to. interconnection of the quali$ring project with any 560 other infrastructure or proiect. 561 50-5C-9. 562 AnY law enforcement officers of the public entity shall have the same powers and 563 i66 567 564 areas ofjurisdiction. and such law enforcement officers shall have access to the quali$,ing 565 ,roJ""t ut u.ry ti-" for th" pr-or" of "*"r"irio* ,,r"h ,o*"r. *d iurisdiction. 50-5C-10. (a) Responsible public entities that proceed with procurement pursuant to competitive 568 sealed biddine oursuant to Code Section 50-5-67. or any other ourchasing ootions available 569 to them under current law. shall not be required to comply with this chapter. (b) Nothine in this chapter shall applv to or affect the State Transoortation Board. the DeDartment of Transportation. or the State Road and Tollway Authoritv. or anv proiect thereof. 570 571 572 s. B. s9 -17- SB 59/AP 573 or 574 575 4 of 57 6 Chapter I g of this title. " 577 578 580 581 SECTION 4. This Act shall become effective upon its approval by the Govemor or upon its becoming law 579 without such approval. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. s. B. 59 - 18 - Administrative Services Committee Meeting 2/14/2017 1:05 PM Request to Review & Update to the Procurement Code Department:Procurement Presenter:Geri Sams Caption:Motion to request authorization for the Procurement and Law Departments to review and update the Procurement Code to incorporate recent changes in State Law regarding Partnership for Public Facilities and Infrastructure Act (SB 59) (Unsolicited Proposals). (Referred from January 31 Administrative Services Committee) Background:Georgia Governor Nathan Deal signed into law new public-private partnership (P3) legislation, the Partnership for Public Facilities and Infrastructure Act (SB 59) (the Act) on May 5, 2015. The Act allows state and local government entities to partner with private entities on “qualifying projects,” broadly meaning any project deemed to meet a public purpose or public need and satisfying those requirements set forth under the Act. The Act covers those qualifying projects pursued with local government entities, meaning any county, municipality, consolidated government, or board of education, as well as with state government entities, including institutions of the University System of Georgia. The Act does not apply to projects procured through the State Transportation Board, the Department of Transportation, or the State Road and Tollway Authority; these state authorities are already authorized to engage in and procure P3 projects. Projects involving the generation of electric energy for sale, communication services, cable and video services, and water reservoirs, however, are not eligible to be qualifying projects under the Act. Summarized below are some of the key terms of the Act. The procurement process and requirements for projects on the local level are similar in many respects to the procurement process the State is required to follow. Certain distinctions are worth highlighting, however, and we have addressed these in more detail below. A local government must adopt a set of guidelines prior to executing an agreement for a qualifying project with a private entity. It may adopt the model guidelines from the Committee or establish its own set of guidelines as a policy, rule, regulation or ordinance, but such guidelines must contain such information that is required to be contained in the model guidelines under the Act. At a minimum, the model guidelines must set forth the following: · : Specific periods during the calendar year when the local government will consider unsolicited proposals for qualifying projects. · : Procedures for the financial review and analysis of an unsolicited proposal. · : Criteria for determining any fees that the local government elects to charge the private entity for the processing, review, and evaluation of an unsolicited proposal. · : A requirement that the local government issue a request for proposal (RFP) if it decides to proceed with a qualifying project pursuant to an unsolicited proposal. · : Procedures for posting and publishing notice of the opportunity to offer competing proposals, procedures for the processing, review, and consideration of competing proposals, procedures for determining whether information included in an unsolicited proposal should be released as part of any RFP to ensure fair competition, and procedures for identifying and appointing an independent owner adviser with certain expertise to assist the local government in evaluating unsolicited proposals if the local government elects to have such an adviser. Private entities may submit for consideration, and the applicable local or state government may approve, an unsolicited proposal for qualifying projects. Certain materials and information must be submitted as part of any unsolicited proposal, including a project description, a feasibility statement, a project schedule, a financial plan, a business case statement describing benefits to be derived from the project, and any such other materials that may be reasonably requested by the local or state government. The private entity bears all risk in submitting an unsolicited proposal and the local government has the right to reject any such proposal at any time without providing reason for its denial. Before the procurement process begins, the state or local government must decide which projects, both solicited and unsolicited, become “qualifying projects.” For unsolicited proposals, once a state or local government receives an unsolicited proposal, such public entity must review such proposal according to its guidelines adopted pursuant to, and the requirements set forth under, the Act and make a determination of whether such project meets a public purpose or public need. If a determination is made that a project is a qualifying project, the relevant state or local government entity will take the following steps: · First, seek competing proposals for the qualifying project by issuing an RFP; · Second, review all such proposals received in response to the RFP and rank them based on various factors, such as the cost of the project, the design of the project, the general reputation, expertise and financial capacity of the private entity, and benefits of the project to the public, among other factors; and · Lastly, negotiate with the highest-ranked private entity or the next-ranked private entity if it is unable to reach a comprehensive agreement or interim agreement with the highest-ranked entity. At any time during the above process, and prior to executing a comprehensive agreement, the relevant state or local government entity may cancel its RFP or reject all proposals received in response to an RFP for any reason whatsoever without any liability to the private entities or third parties. Upon determination of a qualifying project, the relevant state or local government entity and the selected private entity may enter into a comprehensive agreement setting forth the terms and conditions of such project. In addition to any terms and conditions that the state or local government entity determines will serve the public purpose contemplated by the Act, each comprehensive agreement must include, among other provisions, the following: · A thorough description of the duties of each party in the completion and operation of the qualifying project. · Dates and schedules for the completion of the qualifying project. · Any user fees, lease payments, or service payments as may be established by agreement of the parties (as well as any process for changing such fees or payments) and a copy of any service contract. · Any reimbursements to be paid to the state or local government entity for services provided by such public entity. · A process for reviewing the plans and specifications for the qualifying project, inspecting such, and monitoring the practices of the private entity by the relevant state or local government. · Terms regarding performance and payment bonds and insurance policies. · Provisions governing the rights and responsibilities of the parties in the event of termination or material default. · In the event of a material default by the private entity, the ability of the relevant state or local government entity to terminate the comprehensive agreement and exercise any other rights and remedies that may be available at law or in equity. Analysis:All power or authority granted under the Act to public entities is in addition to and supplemental to, and not in substitution for, the powers conferred by any other general, special, or local law. Remember, the Act does not apply to all procurement projects. For instance, state or local government entities that proceed with procurement pursuant to competitive sealed bidding or any other traditional purchasing options available under existing law are not required to comply with this Act. Financial Impact:None Currently Alternatives:Do not approve changing the Procurement Code to accept “Unsolicited Proposals”. Recommendation:N/A Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: