FUNDING AGREEMENT FOR PHASE TWO EXPANSION
AGREEMENT
THIS AGREEMENT is entered into this 1:S+-- of ,
2001, by and between the City of Clearwater, a Florida municipal cor oration, at
Post Office Box 4748, Clearwater 33758-4748, hereinafter refer a to as the
"City," and the Pinellas Community Center Inc., d/b/a Long Center, a Florida
non-profit corporation, at 1501 North Belcher Road, Clearwater, hereinafter
referred to as the "Provider."
WITNESSETH
WHEREAS, Provider operates the Long Center, which is constructing an
expansion to the facility; and
WHEREAS, the City desires to facilitate the Provider in constructing an
expansion to the Long Center.
WHEREAS, the City has provided funding to the provider for the project in
Pennies II allocations i as approved by the City Commission on September 21,
2000.
NOW, THEREFORE, the parties hereto agree as follows:
1. Scope of Services
The Provider agrees to operate the Long Center which will provide
recreation opportunities for the public and is located at 1501 North Belcher
Road, Clearwater, Florida, in accordance with the projected accomplishments
attached and made a fully binding part of this Agreement, and attached as
Exhibit A. On a quarterly basis, commencing July 1, 2001, the provider will
provide the City with a Financial Projection Report detailing the current status
and all expenditures of the project.
2. Termination
The City and the Provider agree:
A. This Agreement may be terminated in whole or in part, for
convenience, when both parties agree upon the termination conditions. A
written notification shall be required and shall include the following: reason for
the termination, the effective date, and in the case of a partial termination, the
actual portion to be terminated. However, if, in the case of a partial termination,
the City determines that the remaining portion of the Agreement will not
accomplish the purposes of such Agreement, the City may terminate such in its
entirety.
fIJ
B. The City may place the Provider in default of this Agreement, and
may suspend or terminate this Agreement in whole, or in part, for cause.
1. Cause shall include, but not be limited to, the following:
a. Failure to comply and/or perform in accordance with the
purpose and this Agreement, or any federal statute or
regulation.
b. Submitting reports to the City which are late, incorrect or
incomplete in any material respect.
c. Implementation of this Agreement, for any reason, is
rendered impossible or infeasible as determined by the City
d. Failure to respond within seven (7) days in writing to any
concerns raised by the City, including substantiating
documents when required/requested by the City.
e. Any evidence of fraud, mismanagement, and/or waste,
as determined by the City.
C. Upon termination of the Agreement, the Provider shall repay any
amounts not spent back to the City.
3. Amendments
Any alterations, variations, modifications or waivers of this Agreement
shall only be valid when they have been reduced to writing and duly signed by
both parties. Any changes which do not substantially change the scope of the
project and/or the Project Implementation Schedule or increase the total amount
payable under this Agreement, shall be valid only when reduced to writing and
signed by the City Manager and the Provider.
The City shall not reimburse the Provider for outlays in excess of the
funded amount of the Agreement unless and until the City officially, in writing,
approves such expenditure by executing a written modification to the original
Agreement.
4. Method of Payment
It is expressly understood and agreed that the total compensation to be
2
IJ
paid hereunder for actual expenditures incurred shall be in the amount of One
Million Dollars ($1,000,000) for those improvements described in Exhibit "A."
A. The provider shall submit requests for reimbursement payment
for actual expenditures, including applicable back-up documentation.
Architectural, and construction manager fees are allowable expenses.
Documentation for construction expenses shall be AlA Form G702 and for
architectural, and construction manager fees shall be actual invoice. Photocopy
of payment shall be included in documentation. The City's participation is
approximately 40% of the entire project. Design fees shall be reimbursed,
therefore at 40% of the total architectural fees. Construction manager fees shall
be reimbursed for actual invoices associated with construction of the expansion.
Expenditures that the Long Center, Inc. has already made for schematic design
are acceptable expenditures.
B. The City agrees to pay the provider for expenditures incurred
under this agreement on an as needed basis in accordance with the budget and
project schedule.
C. All expenditures must conform to "Consultants Competitive
Negotiation Acf', ~287.055. Fla. Stat. and conform to the City of Clearwater
Procurement of Commodities and Services Standards.
5. Conflict of Interest
The Provider shall disclose, in writing, to the City any possible conflicting
interest or apparent impropriety. This disclosure shall occur immediately upon
knowledge of such possible conflict. The City will then render an opinion, which
shall be binding on both parties.
6. Indemnification and Insurance
The Provider shall indemnify and hold harmless the City from any and all
claims, liability, losses and causes of action, which may arise out of the
Agreement. The Provider shall pay all claims and losses of any nature
whatsoever in connection therewith and shall defend or pay to defend all suits
brought against the City, when requested, and shall pay all costs and judgments
which may issue thereon.
Automobile and vehicle coverage shall be required when the use of
automobiles and other vehicles are involved in any way in the performance of
the Agreement. The Provider shall submit to the City an ORIGINAL Certificate
of Insurance in an amount approved by the City's Risk Management Office.
3
rfJ
Further, in the event evidence of the required insurance is not forwarded
to the Risk Management Office within thirty (30) days after the execution of this
Agreement, this Agreement may be terminated at the City's option and any
payments then due may be permanently withheld by the City and the City will
have no further obligation under this Agreement.
7. Additional Conditions
It is expressly understood and agreed that in the event of curtailment of
funds by City, that the financial sources necessary to continue to pay the
Provider compensation will not be available and that this Agreement will thereby
terminate effective as of the time that is determined that said funds are no longer
available.
In the event of such determination, the Provider agrees that itwill not look to, nor
seek to hold liable, the City or any individual member of the City Commission
thereof personally for the performance of this Agreement and all of the parties
hereto shall be released from further liability each to the other under the terms of
this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed by their duly authorized officials on the date first above indicated.
Countersigned:
By:
4-116-)
Brian J. 6!ngst -
Mayor-Commissioner
Approved as to form:
Attest:
Signed, sealed and delivered
the presence of:
PINELLAS COMMUNITY CENTER, INC. d/b/a in
LONG CENTER
'--/)!tu~Ja~~ ~/'--
Print N~el27a,.eul?/I.l/ 6/U/rl
~. j -to ,')
Print Name:.CRrvOl S. ~ j' cI
By:
ri Name: :::rAlV\~..s
:;;~
see ~E:.e.-.
Print Name: Secretary
4
!IJ
a ~Q~2Fi~5~~t~~
Exhibit "A"
March 19, 2001
Mr. Kevin Dunbar, Director
Parks & Recreation Department
City of Clearwater
100 South Myrtle Avenue
Clearwater, FL 33756
Board of Directors:
James D. Appelt, PA
Ebe Bower
Richard Fitzgerald
Richard Hedrick
Ed Hooper
Susan Juhl
Robert P. Kinney
Johnny Long
Ronald G. Norwood
Clare Peacock
Walter Schoenig
Daryl Seaton
A.V. "Bud" Terry
Scott J. Tyler
Cliff Voege
Charles "Trip" Weaver
Amy Wiegman
Dear Kevin,
By submitting this letter, the Pinellas Community Center, Inc.dba Long
Center requests payment of the $1,000,000.00 towards our Phase IT
Expansion Project, which was allocated by the city commission through
the Penny for Pinellas sales tax.
This 13,970sf construction project, located to the west of our existing
building, along with 5,485sf of renovated space will be the first significant
upgrade to the building since our opening in July 1990. The expansion
will be a two-story structure that will include a new entrance and
registration area, child's play area, two multipurpose classrooms,
Clearwater for Youth program and storage area, elevator and facility
storage. On the second floor will be 4,900sf of multipurpose rooms that
can be configured into a variety of program spaces.
Executive Director
Mark N. Abdo
The renovated spaces will allow us to enhance our fitness and
cardiovascular area to 3,800sf and move the City of Safety Harbor offices
closer to the new building. Our plans are to utilize their vacated office
area for an educational computer lab. We will also add some needed
storage space, a full concession area on the spectator level and a
companion/family changing area off the pool deck
The additional facilities outlined above will create new programming
space for the City of Clearwater and other sponsor agencies of the Long
Cent~r. On~ of the main areas of adult programming that is not addressed,
aerobic exercise, can now be added due to the large multipurpose space.
Another major weakness, cardiovasa1lar exercise, can now be addressed
with the addition of modem machines in an enlarged area. Currently, our
fitness facility is restricted for adults but with the additional space, the age
limit will drop and we will include use of limited free weights. A facility
1501 North Belcher Road, Suite 225, Clearwater, FL 33765 (727) 726-2181, FAX (727) 797-2075
www.longcenter.org
~
~,.
that we are excited about adding is the family/companion changing area to
serve our patrons with special needs. With the addition of the play area
near the registration desk residents, utilizing the facility or enrolled in a
program, can place their young children ina safe, supervised area. We
will also open up an additional gymnasium space in the evening by
moving instructional programs currently scheduled to the new
multipurpose space. The majority of the spaces will also produce revenue
for the Long Center negating any additional operating expense issues.
The Board of Directors for the Long Center unanimously approved the
plan on February 14, 2001 with the stipulation that ground can not be
broke until all the funds have been raised. We will move through the
detailed architectural plans and construction documents along with our
building committee while raising the balance of the $2.5 million estimated
for this project. I do not anticipate construction to start earlier than
December 2001.
I have attached an invoice for these funds and look forward to working
with the City and your department in this exciting and worthy project. If
you have any questions please contact me at 726-2181 ext. 225 or
mabdo@longcenter.org. Thanks for making the Long Center your place
for fun, fitness and personal growth.
Sincerely,
tl-\~
Mark N. Abdo, CPRP
Executive Director
Cc: file
CapitaIIclwr-peuuy
fJ
~.,'
a tQ~~FiS~~!~~
INVOICE
Phase IT Expansion Project - Long Center
Clearwater Contribution
Penny for Pinellas funding
$1,000,000
Facility Enhancements:
Two multipurpose classrooms
4,900sf multipurpose program rooms
3,800sffitness and cardiovascular space
. Concession stand
Family/companion changing area
Child's play area
New entry and registration area
Additional storage areas
Program Benefits:
New and creative public recreational programming
Increased service to residents with physical disabilities
Increased service to residents with young children
Additional gymnasium space in the evening
Easy access and recognition of entrance
Revenue generating venues
Please make the check payable to:
Long Center
Attn: Mark Abdo, Executive Director
1501 North Belcher Road, Suite 225
Clearwater, FL 33765', '
. ;.
~
1501 North Belcher Road, Suite 225, Clearwater, FL33765 (727) 726-2181, FAX (727) 797-2075
www./ongcenter.org
FSA ~ 287.055, Acquisition of professional architectural, engineering, landscape architectural, or
surveying and mapping services; definitions; procedures; contingent fees prohibited; penalties
*32201 West's F.S.A. 9 287.055
WEST'S FLORIDA STATUTES
ANNOTATED
TITLE XIX. PUBLIC BUSINESS
CHAPTER 287. PROCUREMENT OF
PERSONAL PROPERTY AND
SERVICES
PART I. COMMODITIES,
INSURANCE, AND CONTRACTUAL
SERVICES
Current through End 012000 2nd Reg. Sess.
287.055. Acquisition of professional
architectural, engineering, landscape
architectural, or surveying and mapping
services; definitions; procedures;
contingent fees prohibited; penalties
(1) Short title.-- This section shall be known as
the "Consultants' Competitive Negotiation Act."
(2) Definitions.--For purposes of this section:
(a) "Professional services" means those
services within the scope of the practice of
architecture, professional engineering,
landscape architecture, or registered surveying
and mapping, as defined by the laws of the state,
or those performed by any architect,
professional engineer, landscape architect, or
registered surveyor and mapper in connection
with his or her professional employment or
practice.
(b) "Agency" means the state, a state agency, a
municipality, a political subdivision, a school
district, or a school board. The term "agency"
does not extend to a nongovernmental developer
that contributes public facilities to a political
subdivision under s. 380.06 or ss.
163.3220-163.3243.
(c) "Firm" means any individual, firm,
partnership, corporation, association, or other
Page 1
legal entity permitted by law to practice
architecture, engineering, or surveying and
mapping in the state.
(d) "Compensation" means the total amount
paid by the agency for professional services.
(e) "Agency official" means any elected or
appointed officeholder, employee, consultant,
person in the category of other personal service
or any other person receiving compensation
from the state, a state agency, municipality, or
political subdivision, a school district or a
school board.
(f) "Project" means that fixed capital outlay
study or planning activity described in the
public notice of the state or a state agency under
paragraph (3)(a). A project may include:
I. A grouping of minor construction,
rehabilitation, or renovation activities.
2. A grouping of substantially similar
construction, rehabilitation, or renovation
activities.
*32202 (g) A "continuing contract" is a
contract for professional services entered into in
accordance with all the procedures of this act
between an agency and a firm whereby the firm
provides professional services to the agency for
projects in which construction costs do not
exceed $500,000, for study activity when the fee
for such professional service does not exceed
$25,000, or for work of a specified nature as
outlined in the contract required by the agency,
with no time limitation except that the contract
must provide a termination clause.
(h) A "design-build firm" means a partnership,
corporation, or other legal entity that:
I. Is certified under s. 489. I 19 to engage in
contracting through a certified or registered
general contractor or a certified or registered
building contractor as the qualifying agent; or
Copyright (c) West Group 2001 No claim to original U.S. Govt. works
FSA ~ 287.055, Acquisition of professional architectural, engineering, landscape architectural, or
surveying and mapping services; definitions; procedures; contingent fees prohibited; penalties
2. Is certified under s. 471.023 to practice or to
offer to practice engineering; certified under s.
48 1.2 I 9 to practice or to offer to practice
architecture; or certified under s. 481.319 to
practice or to offer to practice landscape
architecture.
(i) A "design-build contract" means a single
contract with a design-build firm for the design
and construction of a public construction
project.
(j) A "design criteria package" means concise,
performance-oriented drawings or specifications
of the public construction project. The purpose
of the design criteria package is to furnish
sufficient information to permit design-build
firms to prepare a bid or a response to an
agency's request for proposal, or to permit an
agency to enter into a negotiated design-build
contract. The design criteria package must
specify performance-based criteria for the
public construction project, including the legal
description of the site, survey information
concerning the site, interior space requirements,
material quality standards, schematic layouts
and conceptual design criteria of the project,
cost or budget estimates, design and
construction schedules, site development
requirements, provisions for utilities,
storm water retention and disposal, and parking
requirements applicable to the project.
(k) A "design criteria professional" means a
firm who holds a current certificate of
registration under chapter 48 I to practice
architecture or landscape architecture or a firm
who holds a current certificate as a registered
engineer under chapter 471 to practice
engineering and who is employed by or under
contract to the agency for the providing of
professional architect services, landscape
architect services, or engineering services in
connection with the preparation of the design
criteria package.
(3) Public announcement and qualification
procedures.--
Page 2
(a) Each agency shall publicly announce, in a
uniform and consistent manner, each occasion
when professional services must be purchased
for a project the basic construction cost of
which is estimated by the agency to exceed the
threshold amount provided in s. 287.0 17 for
CA TEGORY FIVE or for a planning or study
activity when the fee for professional services
exceeds the threshold amount provided in s.
287.017 for CATEGORY TWO, except in cases
of valid public emergencies certified by the
agency head. The public notice must include a
general description of the project and must
indicate how interested consultants may apply
for consideration.
*32203 (b) Each agency shall encourage firms
engaged in the lawful practice of their
professions that desire to provide professional
services to the agency to submit annually
statements of qualifications and performance
data.
(c) Any firm or individual desiring to provide
professional services to the agency must first be
certified by the agency as qualified pursuant to
law and the regulations of the agency. The
agency must find that the firm or individual to
be employed is fully qualified to render the
required service. Among the factors to be
considered in making this finding are the
capabilities, adequacy of personnel, past record,
and experience of the firm or individual.
(d) Each agency shall evaluate professional
services, including capabilities, adequacy of
personnel, past record, experience, whether the
firm is a certified minority business enterprise
as defined by the Florida Small and Minority
Business Assistance Act of 1985, and other
factors determined by the agency to be
applicable to its particular requirements. When
securing professional services, an agency must
endeavor to meet the minority business
enterprise procurement goals under s. 287.0945.
[FN I]
Copyright (c) West Group 2001 No claim to original U.S. Govt. works
FSA ~ 287.055, Acquisition of professional architectural, engineering, landscape architectural, or
surveying and mapping services; definitions; procedures; contingent fees prohibited; penalties
( e) The public must not be excluded from the
proceedings under this section.
(4) Competitive selection.--
(a) For each proposed project, the agency shall
evaluate current statements of qualifications and
performance data on file with the agency,
together with those that may be submitted by
other firms regarding the proposed project, and
shall conduct discussions with, and may require
public presentations by, no fewer than three
firms regarding their qualifications, approach to
the project, and ability to furnish the required
services.
(b) The agency shall select in order of
preference no fewer than three firms deemed to
be the most highly qualified to perform the
required services. In determining whether a
firm is qualified, the agency shall consider such
factors as the ability of professional personnel;
whether a firm is a certified minority business
enterprise; past performance; willingness to
meet time and budget requirements; location;
recent, current, and projected workloads of the
firms; and the volume of work previously
awarded to each firm by the agency, with the
object of effecting an equitable distribution of
contracts among qualified firms, provided such
distribution does not violate the principle of
selection of the most highly qualified firms.
The agency may request, accept, and consider
proposals for the compensation to be paid under
the contract only during competitive
negotiations under subsection (5).
*32204 (c) This subsection does not apply to a
professional service contract for a project the
basic construction cost of which is estimated by
the agency to be not in excess of the threshold
amount provided in s. 287.017 for CATEGORY
FIVE or for a planning or study activity when
the fee for professional services is not in excess
of the threshold amount provided in s. 287.017
for CATEGORY TWO.
(d) Nothing in this act shall be construed to
Page 3
prohibit a continuing contract between a firm
and an agency.
(5) Competitive negotiation.--
(a) The agency shall negotiate a contract with
the most qualified firm for professional services
at compensation which the agency determines is
fair, competitive, and reasonable. In making
such determination, the agency shall conduct a
detailed analysis of the cost of the professional
services required in addition to considering their
scope and complexity. For any lump-sum or
cost-plus-a-fixed-fee professional service
contract over the threshold amount provided in
s. 287.017 for CATEGORY FOUR, the agency
shall require the firm receiving the award to
execute a truth-in-negotiation certificate stating
that wage rates and other factual unit costs
supporting the compensation are accurate,
complete, and current at the time of contracting.
Any professional service contract under which
such a certificate is required must contain a
provision that the original contract price and any
additions thereto will be adjusted to exclude any
significant sums by which the agency
determines the contract price was increased due
to inaccurate, incomplete, or noncurrent wage
rates and other factual unit costs. All such
contract adjustments must be made within I
year following the end of the contract.
(b) Should the agency be unable to negotiate a
satisfactory contract with the firm considered to
be the most qualified at a price the agency
determines to be fair, competitive, and
reasonable, negotiations with that firm must be
formally terminated. The agency shall then
undertake negotiations with the second most
qualified firm. Failing accord with the second
most qualified firm, the agency must terminate
negotiations. The agency shall then undertake
negotiations with the third most qualified firm.
(c) Should the agency be unable to negotiate a
satisfactory contract with any of the selected
firms, the agency shall select additional firms in
the order of their competence and qualification
Copyright (c) West Group 2001 No claim to original U.S. Govt. works
FSA ~ 287.055, Acquisition of professional architectural, engineering, landscape architectural, or
surveying and mapping services; definitions; procedures; contingent fees prohibited; penalties
and continue negotiations in accordance with
this subsection until an agreement is reached.
(6) Prohibition against contingent fees.--
(a) Each contract entered into by the agency for
professional services must contain a prohibition
against contingent fees as follows: "The
architect (or registered surveyor and mapper or
professional engineer, as applicable) warrants
that he or she has not employed or retained any
company or person, other than a bona fide.
employee working solely for the architect (or
registered surveyor and mapper, or professional
engineer, as applicable) to solicit or secure this
agreement and that he or she has not paid or
agreed to pay any person, company,
corporation, individual, or finn, other than a
bona fide employee working solely for the
architect (or registered surveyor and mapper or
professional engineer, as applicable) any fee,
commission, percentage, gift, or other
consideration contingent upon or resulting from
the award or making of this agreement." For
the breach or violation of this provision, the
agency shall have the right to tenninate the
agreement without liability and, at its discretion,
to deduct from the contract price, or otherwise
recover, the full amount of such fee,
commission, percentage, gift, or consideration.
*32205 (b) Any individual, corporation,
partnership, finn, or company, other than a bona
fide employee working solely for an architect,
professional engineer, or registered land
surveyor and mapper, who offers, agrees, or
contracts to solicit or secure agency contracts
for professional services for any other
individual, company, corporation, partnership,
or finn and to be paid, or is paid, any fee,
commission, percentage, gift, or other
consideration contingent upon, or resulting
from, the award or the making of a contract for
professional services shall, upon conviction in a
competent court of this state, be found guilty of
a first degree misdemeanor, punishable as
provided in s. 775.082 or s. 775.083.
Page 4
(c) Any architect, prOfessional engineer, or
registered surveyor and mapper, or any group,
association, company, corporation, firm, or
partnership thereof, who offers to pay, or pays,
any fee, commission, percentage, gift, or other
consideration contingent upon, or resulting
from, the award or making of any agency
contract for professional services shall, upon
conviction in a state court of competent
authority, be found guilty of a first degree
misdemeanor, punishable as provided in . s.
775.082 or s. 775.083.
(d) Any agency official who offers to solicit or
secure, or solicits or secures, a contract for
professional services and to be paid, or is paid,
any fee, commission, percentage, gift, or other
consideration contingent upon the award or
making of such a contract for professional
services between the agency and any individual
person, company, finn, partnership, or
corporation shall, upon conviction by a court of
competent authority, be found guilty of a first
degree misdemeanor, punishable as provided in
s. 775.082 or s. 775.083.
(7) Authority of department of management
services.--Notwithstanding any other provision
of this section, the Department of Management
Services shall be the agency of state government
which is solely and exclusively authorized and
empowered to administer and perform the
functions described in subsections (3), (4), and
(5) respecting all projects for which the funds
necessary to complete same are appropriated to
the Department of Management Services,
irrespective of whether such projects are
intended for the use and benefit of the
Department of Management Services or any
other agency of government. However, nothing
herein shall be construed to be in derogation of
any authority conferred on the Department of
Management Services by other express
provisions of law. Additionally, any agency of
government may, with the approval of the
Department of Management Services, delegate
to the Department of Management Services
authority to administer and perform the
Copyright (c) West Group 2001 No claim to original U.S. Govt. works
FSA g 287.055, Acquisition of professional architectural, engineering, landscape architectural, or
surveying and mapping services; definitions; procedures; contingent fees prohibited; penalties
functions described in subsections (3), (4), and
(5). Under the terms of the delegation, the
agency may reserve its right to accept or reject a
proposed contract.
(8) State assistance to local agencies.--On any
professional service contract for which the fee is
over $25,000, the Department of Transportation
or the Department of Management Services
shall provide, upon request by a municipality,
political subdivision, school board, or school
district, and upon reimbursement of the costs
involved, assistance in selecting consultants and
in negotiating consultant contracts.
*32206 (9) Applicability to existing
contracts.--Nothing in this section shall affect
the validity or effect of any contracts in
existence on July 1, 1973.
(10) Applicability to design-build contracts.--
(a) Except as provided in this subsection, this
section is not applicable to the procurement of
design-build contracts by any agency, and the
agency must award design-build contracts in
accordance with the procurement laws, rules,
and ordinances applicable to the agency.
(b) The design criteria package must be
prepared and sealed by a design criteria
professional employed by or retained by the
agency. If the agency elects to enter into a
professional services contract for the
preparation of the design criteria package, then
the design criteria professional must be selected
and contracted with under the requirements of
subsections (4) and (5). A design criteria
professional who has been selected to prepare
the design criteria package is not eligible to
render services under a design-build contract
executed pursuant to the design criteria package.
(c) Except as otherwise provided in s.
240.209(3) or s. 337.11(7), the Department of
Management Services shall adopt rules for the
award of design-build contracts to be followed
by state agencies. Each other agency must
Page 5
adopt rules or ordinances for the award of
design-build contracts. Municipalities,
political subdivisions, school districts, and
school boards shall award design-build contracts
by the use of a competitive proposal selection
process as described in this subsection, or by the
. use of a qualifications-based selection process
pursuant to subsections (3), (4), and (5) for
entering into a contract whereby the selected
firm will subsequently establish a guaranteed
maximum price and guaranteed completion
date. If the procuring agency elects the option
of qualifications-based selection, during the
selection of the design-build firm the procuring
agency shall employ or retain a licensed design
professional appropriate to the project to serve
as the agency's representative. Procedures for
the use of a competitive proposal selection
process must include as a minimum the
following:
1. The preparation of a design criteria package
for the design and construction of the public
construction project.
2. The qualification and selection of no fewer
than three design-build firms as the most
qualified, based on the qualifications,
availability, and past work of the firms,
including the partners or members thereof.
3. The criteria, procedures, and standards for
the evaluation of design-build contract
proposals or bids, based on price, technical, and
design aspects of the public construction
project, weighted for the project.
*32207 4. The solicitation of competitive
proposals, pursuant to a design criteria package,
from those qualified design-build firms and the
evaluation of the responses or bids submitted by
those firms based on the evaluation criteria and
procedures established prior to the solicitation
of competitive proposals.
5. For consultation with the employed or
retained design criteria professional concerning
the evaluation of the responses or bids
Copyright (c) West Group 2001 No claim to original U.S. Govt. works
, .
"
FSA ~ 287.055, Acquisition of professional architectural, engineering, landscape architectural, or
surveying and mapping services; definitions; procedures; contingent fees prohibited; penalties
submitted by the design-build firms, the
supervision or approval by the agency of the
detailed working drawings of the project; and
for evaluation of the compliance of the project
construction with the design criteria package by
the design criteria professional.
6. In the case of public emergencies, for the
agency head to declare an emergency and
authorize negotiations with the best qualified
design-build fir~' available at that time.
(II) Reuse of existing plans.--Notwithstanding
any other provision of this section, there shall be
no public notice requirement or utilization of the
selection process as provided in this section for
projects in which the agency is able to reuse
existing plans from a prior project of the
agency, or, in the case of a board as defined in
chapter 235, a prior project of that or any other
board, Except for plans of a board as defined in
chapter 235, public notice for any plans that are
intended to be reused at some future time must
contain a statement that provides that the plans
Page 6
are subject to reuse in accordance with the
provisions of this subsection.
(12) Construction of law.--Nothing in the
amendment of this section by chapter 75-281,
Laws of Florida, is intended to supersede the
. provisions of ss. 235.211 and 235.31.
CREDIT(S)
1999 Main Volume
Amended by Laws 1991. c. 9/-/37. f /5. ejJ May 28.
/99/; Laws /99/. c. 9/-/62, f 7. ejJ May 28, /99/; Laws
1992, c. 92-279. f 250, ejJ July /, /992; Laws /993. c.
93-95, f /, ejJ Oct. /. /993; Laws /994. c. 94-/ /9. f / /4.
ejJ July 1. /994; Laws /994. c. 94-322, f /0. ejJ May 3/,
1994; Laws /995, c. 95-/48, f 868. ejJ July /0, /995;
Laws /995, c. 95-4/0. f 2. ejJ July /. /995; Laws /996, c.
96-399, f 45. ejJ Oct. /. /996; Laws /997, c. 97-/00, f
38. ejJ July /, /997; Laws 1997, c. 97-296. f /. ejJ Oct.
/. /997; Laws /998. c. 98-279. f 80. ejJ June 30, /998.
[FNI] Repealed by Laws 1996, c. 96-320, * 27. Section
287.0945(9), created by Laws 1996, c. 96-412, * 1, was
redesignated by the division of statutory revision as *
373.607.
Copyright (c) West Group 2001 No claim to original U.S. Govt. works
"
CITY OF CLEAR WATER
FINANCIAL SERVICES DEPARTMENT
PROCUREMENT OF COMMODITIES AND SERVICES
PROCEDURES REVISED DECEMBER 10, 1999
The City of Clearwater has the obligation to provide efficient services at the lowest possible
total cost. The purpose of this policy is to establish criterion and procedures for procurement
of both commodities and services at the lowest possible total cost.
All contracts for goods or services should be awarded to the vendor providing the best
product or service in accordance with the specifications, at the right time, in the right place, in
the right quantity and at the best price.
Purchasing authority within the city is divided into three general categories. Each category is
governed by the City of Clearwater, Code of Ordinances:
Category I: Purchases for $1000 or less.
· Attempt to obtain the lowest price available, consistent with time and effort involved.
· Award contract within guidelines established in each administration/department.
· Utilize a Restricted Purchase Order (RPO) form or procurement card.
· Purchases for the same product by the same department within one calendar year
require approval at the appropriate category level for the cumulative total for the year.
Category IT: Purchases over $1000 through $25,000. A minimum of three quotations are
required. Quotes may be obtained by using departments or within the Purchasing Division.
Documentation should include the product and! or service, name and address of the vendor,
sales person, phone number, price, payment terms, estimated delivery date, free on board
point; i.e. freight responsibility and payment (FOB CL W or FOB SHP), and special
. .
InstructIOns.
· Quotation information is recorded on the remarks screen following the total screen in
the Ross Financial System. Quotation information is not printed on the purchase
order.
· Approval is electronically accomplished by the appropriate administrator, department
director or designee in the Ross Financial System.
· Authorized exceptions include valid emergencies; sole source; impractical or
impossible to bid; available on "other" governmental bid; health services including
mental health; legal services including paralegal, expert witness, appraisal or mediator
services, auditors; academic and lecturers; services provided by persons with mental or
physical disabilities under not for profit corporations; and, products purchased for
resale.
1
· ] ustification for any deviation of the three quote policy must be recorded on the
remarks screen following the total screen. The justification must be electronically
approved by the appropriate administrator or department director only.
· A ward will be made by purchase order and the issuance must occur prior to requesting
the good(s) or service(s) from the vendor. Consulting Contracts and many other service
Contract awards equaling $10,000 or more also require a formal written contract. Please
check with Purchasing and / or the City Attorney.
· For contracts over $10,000 to and including $25,000, approval authority is the City
Manager. Further defined as procurement of any product or service within one 365
day year for one department. Subsequent awards within the 365 day year must be
approved at the appropriate cumulative level.
· Award of contract for resale items will be made by the responsible department
administrator / director or designee.
Category III: Purchases over $25,000.
· Formal bid is required with the Purchasing Division responsible for the action.
Exception is made for construction projects prepared and processed by Public Works
Administration.
· Formal advertising is required with a formal opening a minimum of 10 calendar days
after the date of the advertisement.
· For contracts over $25,000 or those cumulative contracts within one 365 day year, the
approval authority is the City Commission. Public Works engineering contracts, not
to exceed $100,000 cumulative, may be awarded to Engineers of Record by the City
Manager for CIP approved projects.
· The City Manager may approve change order cumulative increases to a maximum of
$25,000 over the latest amount approved by the City Commission. Contracts
originally awarded for $25,000 or less by the administrator, department director or the
City Manager may be increased only within the approval limits noted above.
· A ward will be made by purchase order and the issuance must occur prior to requesting
the good(s) or service(s) from the vendor. All consulting contracts and many service
contracts in this category require a formal contract. Please check with Purchasing
and/or the City Attorney.
· A ward of contract for resale items will be made by the responsible department
administrator / director.
. ,
;.
2