Current through Reg. 50, No. 187; September 24, 2024
(1) The Department
shall have the authority to approve a lease under this rule when the following
conditions have been met:
(a) An appropriate
procurement has been attempted and no suitable space has been identified;
and
(b) Approval of Space Need has
been obtained, in accordance with Rule
60H-1.002, F.A.C.; and
(c) The Department has been notified, in
writing, of the Agency's intent to seek a Turnkey Lease as defined in Rule
60H-1.001,
F.A.C.
(2) The Agency
shall prepare the following:
1. Performance
specifications; and
2. Optimum Site
and Building Requirements; and
3.
Unique Planning Information; and
4.
Lease Agreement; and
5. Intended
User's program.
(3) The
Agency shall advertise, setting forth means by which building specifications
may be obtained.
(4) The Agency
shall advise respondents that no state payments for use of space being
developed will be made prior to final acceptance and approval of the completed
building and its site, in accordance with the terms and conditions set forth in
the Department's Standard Lease Agreement form.
(a) The Agency will advise that if a
developer is interested in developing a structure for the purpose indicated and
in leasing the building and its site to the State of Florida, the developer
should submit his best response or responses by a specified time and date as
specified by the Agency.
(b) The
Agency will set the response period depending upon the complexity of the needed
facility.
(5) The Agency
shall require the following from the developer:
(a) Agreement to enter into a lease-build
contract on the Department's Standard Lease Agreement form setting forth the
terms and conditions therein.
(b)
Intent to furnish 100% Performance Bond if response is accepted.
(c) Complete and satisfactory evidence of
ownership;
(d) Local tax assessor's
appraisal of the site;
(e) A site
survey; and
(f) The developer's
estimated valuation cost of construction per square foot.
(g) Completion date (the date that the
building will be offered to the State for acceptance), contingent upon
developer's authorization to proceed.
(h) The specific period of time that a
response will remain open; such period shall be a minimum of sixty (60)
days.
(i) Site improvement
information shall include the following:
1.
Grading outside buildings;
2.
Sanitary and storm sewers;
3.
Landscaping;
4. Paving and
retaining walls;
5.
Water;
6. Gas and electric
distribution systems; and
7.
Extraordinary excavation and/or foundations.
(j) Life cycle cost analysis pursuant to
Section 255.255, F.S. See Rule
60D-4.004, F.A.C., for
requirements.
(k) Building
information which will enable the Department to review both the functional and
aesthetic aspects of the building including:
1. Floor plans showing proposed utility core,
office space, public space, corridors and parking areas (scale 1'' equals
8').
2. Elevations and cross
sections of buildings indicating exterior material and colors (scale 1'' equals
8').
(l) The response
signed by the developer or his or her duly authorized representative.
Corporate, trade, or partnership titles may be stamped, written or
type-written, but the actual signature of the authorized representative must
appear on the response. If the response is signed by a developer's agent, the
agent must demonstrate authority to sign and it shall accompany the
response.
(6) Evaluation
of responses will be made by the Agency on the basis of price, design,
characteristics of construction, completion date, location (including
environment or characteristics of surrounding neighborhood), public
transportation availability, availability of parking facilities, availability
of satisfactory dining facilities, and conformance to the Agency program,
performance specifications, and floor layout plan. The Agency then presents the
entire "project review package" to the Department.
(7) The project review package shall contain:
(a) A letter of transmittal setting forth:
1. The fact that "this is a lease-build
response, " and
2. Functional and
staff justification as to the facility's necessity.
(b) Proof of advertisement.
(c) A list of the responses to the
advertisements.
(d) Set of the
Agency's program, any unique planning information, performance specifications
(building and site), site description and/or delineated area, floor layout
plan, and property appraisal.
(e)
Agency's recommendation with justification:
(8) The Department will review the project.
If it concurs with the Agency's recommendation, it will give approval and
return to the Agency for execution. The Agency and the Department must be in
joint agreement on the response before approval is
granted.
Rulemaking Authority
255.249,
255.25 FS. Law Implemented
255.25(1),
(2)(a)
FS.
New 8-11-75, Formerly 13D-7.10, Amended 3-18-86, Formerly
13M-1.017, Amended 2-21-96, 4-27-04, 7-12-07,
4-29-10.
