Bill Text: DE SB251 | 2011-2012 | 146th General Assembly | Draft
Bill Title: An Act To Create A Public-private Program For Educational Facilities And Infrastructure Improvements At County Vocational-technical High School Districts And County Vocational-technical Center Districts.
Sponsorship: Bipartisan Bill
Status: (Introduced - Dead) 2012-06-13 - Assigned to Finance Committee in Senate [SB251 Detail]
Download: Delaware-2011-SB251-Draft.html
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SPONSOR: |
Sen. Venables & Rep. Scott |
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Sens. Bunting & Simpson; Reps. Hocker, Hudson & Wilson |
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DELAWARE STATE SENATE 146th GENERAL ASSEMBLY |
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SENATE BILL NO. 251 |
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AN ACT TO CREATE A PUBLIC-PRIVATE PROGRAM FOR EDUCATIONAL FACILITIES AND INFRASTRUCTURE IMPROVEMENTS AT COUNTY VOCATIONAL-TECHNICAL HIGH SCHOOL DISTRICTS AND COUNTY VOCATIONAL-TECHNICAL CENTER DISTRICTS. |
Section 1.Amend Chapter 26 of Title 14 of the Delaware Code by designating �§601 through �§604 as Subchapter I as shown by underlining as follows:
Section 2.Further amend Chapter 26 of Title 14 of the Delaware Code by making insertions as shown by underlining and deletions by strike through as follows:
Subchapter II. Public-Private Educational Facilities and Infrastructure Improvements Program
§605.Purpose.
The purpose of this subchapter is to allow County Vocational � Technical High School Districts and County Vocational � Technical Center Districts to enter into agreements with contractors and private partners through a competitive process for the development and implementation of qualified projects as defined herein.The contracting flexibility provided would allow for design construct, design construct and operate, privately funded and other arrangements for undertaking qualified projects based on defined need and concept statements issued by the County Vocational � Technical High School Districts and County Vocational � Technical Center Districts. The availability of the contractual approach will promote cost reduction, efficiency and potential alternative private financing resulting in savings in the expenditure of available funding.
Section 2651.Qualified Projects.
The qualified projects under this subchapter shall include the following:
(a) Educational facilities, including related and subordinate facilities, including the land which is appurtenant to the project;
(b) Improvements, together with equipment, to support the use or enhance the use of educational facilities;
(c) Utility and telecommunications and other communications infrastructure;
(d) Recreational facilities; and
(e) Infrastructure and improvements to infrastructure to support current and expanded needs of an educational facility.
Section 2652. Project Locations.
Qualified projects may be located on property owned or controlled by County Vocational � Technical High School Districts and County Vocational � Technical Center Districts, property owned or controlled by the State, a county, a city, municipality or other governmental entity, or property privately owned or controlled.
Section 2653. Solicitation of Proposals and Award of Contracts.
(a) Any County Vocational � Technical High School Districts and County Vocational � Technical Center Districts which utilizes the contractual arrangements authorized under this subchapter shall satisfy the following requirements:
(1) A statement of the project scope and purpose shall be prepared.The statement shall include a description of the project concept and the desired result of project implementation.The statement shall be subject to approval of the boards of the County Vocational � Technical High School Districts and County Vocational � Technical Center Districts.
(2) A request for proposals (RFP) shall be prepared and published weekly for at least two consecutive weeks on the 'marketplace' website and/or in a newspaper distributed in the County in which the project is located.The RFP shall also be posted on the website of the County Vocational � Technical High School District or the County Vocational � Technical Center District, and onsite during the two week period.
(3) The County Vocational � Technical High School Districts and County Vocational � Technical Center Districts shall review the responses to the RFP and conduct interviews with the responder or responders considered to have best addressed project needs.Based on the interview or interviews a responder or responders to the RFP may be selected for purposes of negotiation of an agreement to accomplish the project purposes.The agreement shall be awarded to the most responsive responder with cost and other factors considered.
(4) The award of an agreement shall be subject to the approval of the boards of the County Vocational � Technical High School Districts and County Vocational � Technical Center Districts.
(b) For any contract which requires construction, a performance bond or other security for the construction work shall be required.
c) For any contract in the amount of One Million Dollars ($1,000,000) or more it shall be necessary to obtain the certificate of necessity approval of the Secretary of the Department of Education.
Section 2654. Standards.
All work undertaken under any contract awarded pursuant to this subchapter shall be subject to applicable laws, regulations, ordinances and codes.
Section 2655. Wage Rates.
Any contract awarded pursuant to this subchapter involving construction work and which is subject to payment with public funds shall be subject to the prevailing wage rates published by the Delaware Department of Labor.
Section 2656. Funding and Pledge of Credit.
The award of contracts under this subchapter shall be subject to available funding.The full faith and credit of the State of Delaware shall not be pledged for the payment of any amounts due under any agreements.
Section 2657. Unsolicited Proposals.
Nothing contained herein shall be construed to prohibit the submission of unsolicited proposals for projects designed to reduce costs and provide for the needs of County Vocational � Technical High School Districts and County Vocational � Technical Center Districts.The boards of County Vocational � Technical High School Districts and County Vocational � Technical Center Districts shall have discretion to reject unsolicitedproposals or accept them under such terms and conditions deemed desirable and in the public interest.
Section 2658. Interim Agreements.
Nothing contained herein shall preclude the award of contracts in stages or for limited purposes, under such schedules and conditions considered desirable to accomplish project objectives.
Section 2659. Scope.
The provisions of this subchapter are in addition to and not a substitution for other allowed contractual arrangements available for qualified projects.
SYNOPSIS
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Public projects are being undertaken in a number of States under legislation allowing for public-private initiatives.This legislation allows Vocation � Technical High School Districts and Centers to utilize such contractual approach for education facilities and infrastructure project improvements.The procurement process is streamlined and designed to save money and time by allowing for the packaging of services. Flexibility is provided to allow for private funding of improvements which can be located on public or private lands.Payment for projects must come from available funds, and the legislation does not authorize any appropriations. A public solicitation process is involved for contract work and any work performed must satisfy code requirements, be subject to prevailing wage rates for use of public funds, be secured by performance bonds or other forms of security, and be approved by the Boards of the Vocational � Technical High School Districts and Centers.Any contract exceeding $1,000,000 requires Department of Education approval.The full faith and credit of the State of Delaware cannot be pledged for any project. |
Author: Sen. Venables
