60H-1.017. Turnkey Lease

(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. History–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.