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Resolution 2016-085 RESOLUTION NO.2016-A S A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ADOPTING AN INITIAL APPLICTION FEE FOR THE SUBMISSION OF UNSOLICITED PUBLIC-PRIVATE PARTNERSHIP PROPOSALS AS AUTHORIZED BY FLORIDA STATUTES SECTION 287.05712; DELEGATING TO THE COUNTY ADMINISTRATOR OR HIS DESIGNEE THE AUTHORITY TO ESTABLISH RELATED ADMINISTRATIVE PROCEDURES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Board of County Commissioners (the Board) adopted Ordinance No. 2013-69, as amended by Ordinance No. 2016- \ \ , to create a structure for the receipt of unsolicited proposals for public-private partnerships; and WHEREAS,Florida Statute § 287.05712(4)(a)provides the County"may establish a reasonable application fee for the submission of an unsolicited proposal" and that the fee established "must be sufficient to pay the costs of evaluating the proposal," including the costs the County may incur should it "engage the services of a private consultant to assist in the evaluation;"and WHEREAS, Ordinance No. 2016- 1 \ provides that the Board shall, by Resolution, establish all application fees for unsolicited proposals arising under and authorized by Florida Statute § 287.05712,which includes the costs of private consultant services,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;and WHEREAS, the County has examined the likely costs associated with reviewing unsolicited public-private partnership proposals and has recommended a base fee with the potential of additional assessments for significant added costs for review. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA: 1 1. Persons or entities submitting unsolicited proposals for public-private partnerships under the authority of Florida Statute § 287.05712 and Collier County Ordinance No. 2016- \\ shall include with the proposal submission a base application fee in the amount of.001 of the proposed project cost but not less than the sum of$10,000.00. 2. The County Administrator or designee is authorized to require a supplemental fee if the original fee exceeds the base application fee. The base application, is the actual, non- speculative costs of evaluating a given unsolicited proposal or responses to solicited proposals submitted as a result of the unsolicited proposal procurement process, including but not limited to, the costs of processing, reviewing, and evaluating the same, reasonable attorney fees, fees for financial and technical advisors or consultants and fees for other necessary advisors or consulting services engaged by the County to assist in its evaluations. However, no such supplemental fee shall exceed an additional $10,000 without further authorization by the Board. 3. The County Administrator is authorized to develop administrative procedures and forms that may be deemed necessary and useful to implement the provisions of this Resolution and Ordinance No. 2016- \ \ . No such procedures shall be inconsistent with the terms of this Resolution or Ordinance No.2016- \l 4. The provisions of this Resolution are severable such that the invalidity of any one provision shall not operate to invalidate any other provision. 5. This Resolution shall be effective upon adoption by the Board. This Resolution adopted this 01641- day of Aprt L 2016, after motion, second and majority vote, DA ED: �Y�\` 2-Z j ' ,Lc BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK Clerk COLLIER COUNTY,FLORIDA f �^lj ■ By: AJ tttesl� laS�to� Chairman S Do a Fiala,Chairman signature only, Approved'as to form 1 gality u colt R. Teach Deputy County Attorney 2