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RESOLUTION BY THE BOARD OF SUPERVISORS OF FREDERICK COUNTY,
VIRGINIA, AUTHORIZING THE SCHOOL BOARD OF FREDERICK COUNTY TO
ENTER INTO A COMPREHENSIVE AGREEMENT FOR A PROJECT TO PROVIDE
A SITE AND DEVELOP AND BUILD A 12TH ELEMENTARY SCHOOL
PURSUANT TO THE PUBLIC - PRIVATE EDUCATION FACILITIES
AND INFRASTRUCTURE ACT OF 2002
WHEREAS, the General Assembly enacted the Public- Private Education Facilities and
Infrastructure Act of 2002 ( "PPEA "), which provides an alternative to traditional methods for
procurement of new school site acquisition, development, and construction;
WHEREAS, the School Board of Frederick County ( "School Board ") adopted its latest
PPEA implementation guidelines ( "Guidelines ") on February 6, 2007;
WHEREAS, the School Board determined that proceeding with the procurement of new
school facilities fora 12`h Elementary School under the PPEA was likely to be advantageous to
the public and that use of "competitive negotiation" procedures under the PPEA for the
procurement of the new facilities was likely to be more advantageous to the School Board and
the public based upon (1) the probable scope, complexity, or urgency of the project, or (2) risk
sharing, added value, economic benefit from the project that would not otherwise be available;
WHEREAS, on April 2, 2007, the School Board, acting pursuant to the PPEA and its
Guidelines, caused to be issued Request for Proposal (PPEA) # 07 -001, Request fora 12`h
Elementary School- PPEA (the "RFP ")•
WHEREAS, Frederick County Public Schools hired an outside consultant, who is an
- architect with expertise in construction, to provide the analysis required by Va. Code § SS-
575.16(4) A;
WHEREAS, in response to the RFP, the School Board received timely conceptual -phase
proposals from two proposers within the deadline required by the RFP, with copies also being
provided to the County;
WHEREAS, the School Board subsequently posted the two conceptual. -phase proposals
that it received and announced their availability for public comment;
WHEREAS, the School Board determined, based upon the proposals, the proposers'
qualifications, any public comment and the RFP's evaluation criteria, to invite both proposers to
submit detailed -phase proposals;
WHEREAS, more than sixty (60) days have passed since copies of proposals were
-- furnished to the County, and any County comments have been considered;
WHEREAS, more than thirty (30) days have passed since copies of the proposals were
posted and public comment solicited and any public comment received has been considered;
WHEREAS, the School Board, afrer considering the detailed -phase proposals from the
two finalists, negotiating with the two finalists, and applying the RFP's evaluation criteria, and
considering the advice of the outside consultant, determined that the proposal submitted by
Shockey, LLC, represents the best proposal;
WHEREAS, representatives of the School Board have negotiated the terms of a
Comprehensive Agreement with Shockey, LLC, and its affiliate and assign, Shockey- Frederick,
LLC (collectively, "Shockey "), under which aspects of performance by Shockey are guaranteed
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by its only member, and copies of the draft Comprehensive Agreement, exhibits, and form of
- guaranties have been provided to the members of the School Board;
WHEREAS, the final Comprehensive Agreement will be posted and made available for
members of the public as required by Va. Code § 56- 575.17.0 prior to its execution;
WHEREAS, the Comprehensive Agreement is within the scope of the procurement, the
procurement's terms and conditions are in the public interest, and the qualifying project for
which they provide serves the public purpose under the criteria of Va. Code § 56- 575.4.C.
NOW THEREFORE, BE IT RESOLVED AS FOLLOWS:
(1) The Board of Supervisors hereby authorizes the School Board to enter into a
Comprehensive Agreement substantially in the -form and with the material terms of that
considered by the Board of Supervisors on November 28, 2007; and
(2) The Board of Supervisors authorizes the County Administrator to consider
changes to the Comprehensive Agreement agreed upon by the School Board's Chairman and
Shockey that do not change the project budget or materially change the project, provided that the
School Board's Superintendent and its outside counsel concur with such changes, and, following
the Comprehensive Agreement's execution, the Board of Supervisors further authorizes the
County Administrator to agree to such technical changes to the Comprehensive Agreement not
changing the project budget or materially changing the project as to which Shockey, the School
Board's Chairman, the School Board's Superintendent, its outside counsel and the County
Administrator, concur.
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ADOPTED this 28`h day of November, 2007.
VOTE:
Richard C. Shickle Ave Gene E. Fisher Ave
Bill M. Ewing Ave Philip A. Lemieux Ave
Charles S. DeHaven, Jr. Awe Barbara E. Van Osten Ave
Gary W. Dove Ave
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Jo , .Riley, Jr., Clerk
Resolution No.: 027 -07
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