§ 14-133. Sales or leases for governmental or public purposes.

(a)

The following procedures shall apply to negotiated leases, sale, conveyance or other development agreements benefiting the county or otherwise for governmental or public purposes:

(1)

The selection of private parties for negotiated leases sale, conveyance or other development agreements shall result from an open competitive process. Examples of competitive solicitations that comply with the terms of this article include, but are not limited to, invitations to negotiate, requests for proposals and requests for letters of interest.

(2)

Notice of each solicitation shall be published in a newspaper of general circulation in the county not less than ten (10) calendar days prior to the date on which responses to the solicitation are due. The notice shall indicate how copies of the solicitation can be obtained by interested parties, state the date and time responses will be opened, and indicate the time and manner for making objections.

(3)

The county staff will have the right to require additional information and interview any, all, or none of the respondents and to require formal presentations with the key personnel who will administer and be assigned to the project before reporting to the board of county commissioners. This interview format and content will be at the staff's discretion. The staff will have the right to conduct site visits of the respondent's facilities and/or of a current project managed by the respondent.

(4)

Solicitation submittals will be reviewed and evaluated by the county staff to determine a short list of firms whose written responses best address the county's needs and requirements, as stated in the solicitation. Evaluation criteria shall include, but not be limited to the following:

a.

Respondent's ability to perform its obligations under the proposed lease, sale, conveyance or other development agreement;

b.

The financial obligations, if any, to be borne by the county;

c.

Respondent's past record of performance;

d.

Experience of the respondent and the respondent's team, if applicable;

e.

Recent, current and projected workloads of the respondent and the respondent's team.

Additional evaluation criteria may be included in each solicitation.

(5)

The staff report will be presented to the board at a regular or special meeting. All respondents shall be notified of the meeting date and time. The board may either terminate the solicitation process or authorize the staff to begin negotiating an agreement with the respondent it determines to best meet the evaluation criteria.

(6)

Upon selection of a respondent by the board, a proposed lease, sale, conveyance or other development agreement will be negotiated by the county staff. Negotiations may include revisions to all terms and conditions submitted by the respondent. Each party shall be solely liable for all of its own fees, costs and other expenses in conjunction with negotiation and preparation of the lease, sale, conveyance or other development agreement. No legally binding obligations on the parties will be created, implied, or inferred until a lease, sale, conveyance or other development agreement has been negotiated, approved by the board and executed by the parties.

(7)

County staff will present the proposed lease, sale, conveyance or other development agreement to the board for consideration at a regular or special meeting. The board may approve or reject the proposed lease, sale, conveyance or other development agreement in its sole and absolute discretion.

(b)

Solicitations commenced or completed prior to the effective date of this article that comply with the provisions of the foregoing subsection (a) shall satisfy the requirements hereof.

(c)

Any public-private partnership agreement entered into prior to the effective date of this article, that resulted from a competitive process, may be subsequently amended to include a negotiated lease, sale, conveyance or other development agreement, without a further solicitation, if the paramount public purpose underlying such public-private partnership is not affected thereby.

(Ord. No. 12-37, § 2, 11-5-12)