18.20.090 Development plans and responses to a request for proposals.
A. To qualify to bid for a disposal requiring a development plan or in response to a request for proposals, prospective bidders must meet the requirements of this section.
B. The proposal responses shall provide:
1. A layout sketch, drawings, photographs, or other graphics showing reasonable use of the area being offered and the nature of improvements to be constructed;
2. The estimated cost and value of the capital improvements to be placed on the land and type of construction;
3. A development schedule showing a time frame during which the improvements will be constructed;
4. How the proposed development shall conform to the zoning and building codes, and all applicable federal, state and local laws;
5. How the proposal meets the goals of the request for proposals;
6. The short- and long-term direct and indirect financial benefits the proposal provides to the borough;
7. The short- and long-term direct and indirect benefits, other than financial, that the proposal provides to the borough;
8. The short- and long-term financial or other obligations the proposal places on the borough;
9. Creditable evidence, acceptable to the borough, that the person can meet the obligations, other than financial, as contained in their proposal; and
10. Other requirements as may be stated in the request for proposals.
C. Proposals that fail to meet the minimum standards as set forth above shall be considered nonresponsive.
D. After a public hearing, proposals shall be evaluated based on short- and long-term benefit to the borough, how the proposal addresses the request for proposals, and other factors as may be determined by the manager.
E. An apparent successful proposal shall be selected within 30 to 120 days of the proposal submittal date.
F. A successful proposal may be selected and be awarded that is not based solely on the highest immediate financial return to the borough, but on the proposal that provides the most overall short- and long-term benefit to the borough.
G. The manager may require proof of the proposer’s financial capability to complete the proposed development. The financial information submitted by the proposer shall be considered as confidential and not be made available to the public or become part of any public records.
H. Negotiations may commence with the apparent successful proposer to refine the proposal and terms and conditions to meet the overall objectives of the borough.
I. Negotiations with a proposer shall continue until either an agreement or an impasse is reached. If an impasse is reached, the borough may commence negotiations with the applicant with the next highest rated proposal.
J. The apparent successful proposal must be approved by the borough assembly. A best interest finding prepared by the manager must accompany the recommendation to the borough assembly. In the best interest finding it must be stated how the proposal meets the objectives of the request for proposal and how the proposal is in the best interest of the borough.
K. The development plan and schedule for development may be incorporated into a disposal or development contract for enforcement of its terms, conditions, and completion. [Ord. FY2017-29 §3, 2017; Ord. 98-25 §2, 1998; Ord. 84-61-O §10, 1984; Ord. 80-28-O §1, 1980].