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PROJECT AGREEMENT (5) -I ~' ~v'r" BOB GRAHAM Governor GEORGE FIRESTONE Secretary of State JIM SMITH Attorney General GERALD A. LEWIS Comptroller BILL GUNTER State of Florida DEPARTMENT OF NATURAL RESOURCES Treasurer DR. ELTON J. GISSENDANNER Executive Director Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard, Tallahassee, Florida 32303 DOYLE CONNER Commissioner of Agriculture RALPH D, TURLINGTON Commissioner of Education September 29, 1983 Ms. Aleta Cozart Assistant to the City Manager City of Clearwater Post Office Box 4748 Clearwater, Florida 33518 )J\ OCT 26 1983 RECEIVED CITY CLERK Dear Ms. Cozart: Clearwater Inlet Sand Transfer Proj ec t Enclosed is an executed original copy of the above contract. Congratulations: We look forward to working with you on this project. Please let us know if we can help you. ~ ]5 glJ- thos, Director Beaches and Shores DEA/www Enclosure fR(fE@fEnlE@ OCT 7 1983 CITY MANAGER DIVISIONS I ADMINISTRATION BEACHES AND SHORES LAW ENFORCEMENT MARINE RESOURCES RECREATION AND PARKS RESOURCE MANAGEMENT STATE LANDS r / ,/ .j , , 11\JH c; ':.; ~;\~ ~i j' ) .-Cd!1-J~~.. FLORIDA DEPARTMENT OF NATURAL RESOURCES DIVISION OF BEACHES AND SHORES EROSION CONTROL PROGfuU1 Project Agreement ~/..l2. THIS AGREEMENT, dated this ~day of Set~ , 1983, by and between the Florida Department of Natural Resources, Division of Beaches and Shores, hereinafter referred to as DEPARTMENT, and the City of Clearwater, Florida, hereinafter referred to as CITY, WITNESSETH: That in and for the mutual covenants between the DEPARTMENT and the CITY, it is agreed as follows: 1. The Governor and Cabinet, sitting as Head of the Department of Natural Resources, at their meeting of ~~~ ~ ( (<:(&'3, approved this agreement in accordance with Chapter 161.091, Florida Statutes, on behalf of the CITY for the erosion control project known as the Clearwater Inlet Sand Transfer project, hereinafter referred to as the PROJECT. 2. The CITY agrees to perform or cause the performance of eligible activities C C- " -=/ v~~"L-<-"9-----' (~) IJP'uJM~~ / !/?t/2~ /2 ()/i' ()/ -(Jfo for the PROJECT as identified in Paragraph 3 of this agreement, such performance being in accordance with the PROJECT plans and specifications dated June 15, 1983, which are incorporated and by reference made a part of this agreement, at the approved PROJECT location site, a description of which is attached hereto and made a part hereof as Attachment "A." 3. The DEPARTMENT and the CITY agree that the estimated costs of eligible items for the PROJECT are as follows: Eligible Item Estimated Cost 75% Department 25% Cost City Cost Total Cost $792,000 $264,000 $1,056,000 39,750 13,250 53,000 $831,750 $277,250 $1,109,000 Inlet sand transfer Beach and inlet monitoring Total Eligible Item Cost r I. I The DEPARTMENT and the CIrx fu~ther agree, that any and all activities associated with the PROJECT that are not shown in the above eligible item listing are the responsibility of the CIrx and are not a part of this agreement. 4. The CITY will submit a request for reimbursement of funds on such forms, as attached hereto as Attachment "B", as furnished to the CITY by the DEPARTMENT not more frequently than monthly. These forms shall be certified as accurate by the CITY Project Administrator and the CITY Project Financial Officer and submitted to the DEPARTMENT as a payment request. Upon approval of the pay- ment request the DEPARTMENT shall disburse the funds due the CITY less ten percent (10%) which will be retained on account. The cumulative retainage shall be disbursed to the CITY when each PROJECT phase is certified complete by the CITY and the DEPARTMENT staff. A final PROJECT certification inspec- tion by the DEPARTMENT staff shall be made not more than 60 days after the PROJECT has been certified as complete by the CITY. -2- 6. The CITY agrees that it will make eve~y reasonable effort to insure the continued public ownership of those presently publicly-owned lands lying 1 I I upland of the PROJECT site and further agrees to make every reasonable effort to insure the maintenance of the public access and vehicular parking area lying upland from the PROJECT site during the life of the PROJECT defined as five (5) years from the date of the execution of this contract. 7. The CITY will not discriminate against anyone with regard to race, creed, sex, national origin, or location of user's residence during or after construction of the PROJECT. The CITY will comply with all federal, state, and local laws, ordinances, rules, and regulations regarding discrimination. 8. The CITY hereby insures that it has in force and shall maintain in force throughout the PROJECT period all insurance coverage to include those classifications as listed in Standard Liability Ins~rance Manuals, which most nearly reflect the operation of the CITY which are necessary for the PROJECT and which are appropriate and allowable pursuant to Florida Statutes. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida. Such insurance may include a partial self-insurance program. In no case shall this provision or any insurance be deemed a waiver of sovereign immunity. 9. The project sponsor shall fully comply with all applicable laws concerning bidding and purchasing. 10. The CITY will hold and save the DEPARTMENT harmless from liability of any nature or kind, including cost and expenses for or on account of any or all suits or damages of any character resulting from injuries or damages sustained by any person(s) or property by virtue of the existence of the PROJECT. 11. The CITY will permit the DEPARTMENT's staff to examine all PROJECT records and grant them rights to audit any PROJECT books, documents, and papers during the PROJECT construction and following completion of the PROJECT. The CITY shall maintain the records, books, documents, and papers for at least three (3) years following completion of the PROJECT. This agreement can be unilaterally cancelled by the DEPARTMENT should the CITY refuse to allow public access to all documents, papers, letters, or other material made or received in conjunction with the contract pursuant to the provisions of -3- , . I I 12. The CITY will appoint a liaison officer to be responsible for the implementa- tion of the provisions of this PROJECT agreement and for the submission of progress reports at least every 90 days from the date of the execution of this agreement until the PROJECT is certified complete. 13. In the event the CITY fails to comply with the terms and conditions of this agreement, the agreement may be considered null and void, and the DEPARTMENT will have the right to cancel its financial and legal obligation as identified in this agreement and may demand reimbursement of any and all funds disbursed to the CITY for this work performed on any phase, as described in Attachment A, which was not completed. However, prior thereto, the DEPARTMENT must provide notice to the CITY, by certified mail, of the terms and conditions the CITY has breached, and must specify the actions which must be taken to cure the breach. The CITY shall be given time to cure any breach or default. And in no case shall such time be less than 30 days. Funds disbursed to the CITY for work performed on a completed phase of the PROJECT shall not be subject to requirements for reimbursement due to a failure to complete a separate phase of said PROJECT. 14. The DEPARTMENT's contract manager for the PROJECT shall be responsible for insuring performance of the terms and conditions of this agreement and shall serve as a liaison with the CITY and shall approve all CITY requests for payment. The DEPARTMENT's contract manager is Mr. Lonnie L. Ryder for the Division of Beaches and Shores, or his successor. 15. This agreement and incorporated Attachments A, B, and C represents the entire agreement of the parties. Any amendments of the provisions of this contract shall only be valid when they have been reduced in writing and duly signed by each of the parties hereto. -4- I I 16. Any inequities that may subsequently appear in this agreement shall be subject to negotiation upon written request of either party, and the parties agree to negotiate in good faith as to any such inequities. 17. This agreement shall be executed in duplicate, each copy of which shall for all purposes be considered an original. 18. Special conditions: a. The CITY shall, at a minimum, comply with the monetary limits for competi- tion acquisition of both materials and services as required by Chapter 287, Florida Statutes. Written documentation shall be maintained to justify any departure from this requirement. (Applicable to governmental agencies only.) Chapter 287, Florida Statutes, is attached to this agreement as Attachment "C." b. For this project only, contractual, direct and stock material purchases, and labor services, as specified in Attachment "B", are eligible for reimbursement. c. Department of Natural Resources Rule Number 16B-36, entitled Beach Erosion Control Assistance Program is expressly made a part of this contract and is incorporated herein by reference as if fully set forth. d. The CITY shall perform beach and inlet monitoring within 60 days prior to the date of the execution of this contract and shall continue to perform such monitoring on an annual basis in accordance with those conditions and requirements contained in Coastal Construction Permit BBS 79-2. Cost incurred in the performance of beach and inlet monitoring activities shall be reimbursable on a retroactive basis, however, shall not be retroactive for more than 60 days prior to the execution of this agreement. e. Direct and stock material purchases shall include only those items that are consumed during and as a part of the performance of eligible items as discribed in Paragraph 3 of this agreement. Such material shall include but not necessarily be limited to, all fuel necessary for project construction and all pipeline consumed as a result of project construction. -5- I I f. For any year in which this contract extends beyond the end of the DEPARTMENT's fiscal year (June 30), then performance by the DEJ:'ARTMENT under this contract shall be subject to, and contingent upon, the availability of funds lawfully appropriated to the DEPARTMENT for the purposes of this contract. g. The PROJECT shall consist of four (4) phases as shown on Attachment "A." Completion of each phase shall be verified by mid-project inspections by duly designated DEPARTMENT personnel. Upon acceptance of each phase the 10% retainage for work performed shall be disbursed to the CITY. Funds disbursed for work performed on subsequent phases shall be subject to 10% retainage until completion of such phase. In the event of construc- tion disruption by an Act of God, the DEPARTMENT's Project Manager and the CITY's Project Administrator shall jointly determine, based upon a post-event survey of damage, the feasibility of continuance of work under the terms of this agreement. Any funds disbursed for work on any phase of the PROJECT not completed due to an Act of God shall not be subject to reimbursement due to such. failure to complete that phase. IN WITNESS WHEREOF, the parties hereto executed this Agreement on the day and year first above written. -I~~ WITNESS State of Florida By:DEPAR~~~ RESOUR~ES J Dud~ Assistant Executive Director (Seal) ~~W~ WITNESS B (Seal) Name Anthony L. Shoemaker Title City Manager APPROVED BY:~~ Contract Administrator LEGALITY ~ -6- " " :i I FLORIDA DEPART}ffiNT OF NATURAL IESOURCES DIVISION OF BEACHES AND SHORES EROSION CONTROL PROGRAH PROJECT AGREEMENT ATTACHMENT A PROJECT DESCRIPTION: The project to be completed under this contract consists of four (4) phases of beach construction distinguished by locale, associated dune vegetation, ownership, upland ownership and proposed dune crosswalk spatial density. The four construction phase areas, depicted on the attached engineering drawing, are more particularly described as follows: Phase 1; A beach area lying seaward of privately-owned properties, in Clearwater, on the northerly stretches of Sand Key. The proposed beach shall extend along the shoreline approximately 7122 lineal feet entirely fronting an existing Erosion Control Line which is recorded in Bulkhead Line & Erosion Control Line Plat Book 2, Pages 64 & 65, Pinellas County. This phase includes completion of a feeder beach, dunes and vegetation in accordance witll City of Clearwater Engineering Drawing No. 7960-F-D which is on file with the DNR Division of Beaches & Shores as part of an approved modification to Permit BBS-79-2 Phase 2; A beach area lying seaward of privately-owned properties, in Clearwater, lying on the southerly stretches of Clearwater Beach Island, along the northerly shoreline of Clearwater Pass. This proposed beach area extends approximately 3000 lineal feet and lies generally between Clearwater Pass Bridge on the east and the Clearwater Pass north jetty on the west. The proposed work includes dune vegetation. Public access is available through the bridge Right of Way and via a beach access easement existant on the westerly 10 feet of the Holiday Inn property. In accordance with Chapter 161, F.S., the upland property owners shall provide full public access easements over the entire area prior to commencement of this phase of the project. phase 3; shoreline south by 60. This vegetation A City-owned beach area lying along the southerly Gulf of Clearwater Beach Island. The area is bounded on the the Clearwater Pass north jetty and on the north by Pier phase includes beach fill, dune construction and and construction of 16 dune crosswalks. Phase 4; A of Sand Key This phase County-owned beach area lying along the Gulf shoreline Park on the northerly tip of Sand Key in Clearwater. includes beach fill and dune vegetation. , " .\ ' I I ~ ~ " ~ tv ~ I ( LJVNEI)/N \ P4SS ' ~ AT 28000'- ~ ~ : I "" ~. ~ ~o :;; &~:;~'~~I'. ~~" . I ....'JC>~ J ; '" ~ I' ' (] ~ ~ ~ i i 1>""10''': ~ j ,"'1 tI... i ~ V~ {Ii ; CI.~4" I :CL.EARWAT~ ~"'5"," ' i ' R~ ,i :::.~ '').oJ:: II!ULAI"l I' ~ , /1~ (/. Irt; 1/ I I' ...- : -llAJ;GO .l 1/ i ! ;:/! ( '/ i t r-;- D9 i.(. 'oJ ~ ~ ~7058'- i tl q w III Q:- 'U ~ Q:- ~ .:t- VICINITY MAP - _! 1 I 1) I; 2 ICAl[ ,.. !WILES ~eploce 180,000 c.y, )f Beach Along 7,122 ft. of Shoreline t Seowor\J )f Erosion jj :ontrol Line. ~ ~ ~ Q:- ~ ~ 'I II : I II /1 ;1 " 1/ I' (, ,I " jJ " I ,/ ~ .// ~ /' ~'I/ , t". II ~........... ,. II " ':::..... /, " /1 '~'--/ )/ ~ " // 1/ II II II // // /1 II ;1 II I FRO~ U.S.A MY CORPS of ENG RS L . PLATE I (1966) : .~ . nunnn..q.u 4.. " ~ " Place 180,000 c.y. f}-.:: of Beoch Along ~ r 1:. 5,000 ft. of Shoreline. ~ I") i I I I I ~ CL~ARWATER~ c ~I " ~ CLEARWATER - SAND KEY BEACH AREA PINELLAS COU~JTY. FLORIDA 1983 PROPOSED BEACH NOURISHMENT GRANT APPLICATION APPlICANT:CITY OF CLEARWATER DATE: 02/08/83 SHEET ~cf ~ I [ 82048' G 5 Ct.LE in Miles , . , ' I I ATTACHMENT B FLORIDA DEPAR'lMENT OF NATURAL RESOURCES DIVISION OF BEAOlES AND SHORES Beach Erosion Control Assistance Program R6:!uest For Payment 1. Name of Project: 2. BUll ng No. 3. Grantee: 4. Billing Period: 5. Payment R6:!uested: A. Type of Costs Incurred: Labor Cost Direct Material Cost Stock Material Cost Contractual Cos t Tot al Cos t Erosion Control Sam Search Monitoring Total Cost B. Share of Costs Incurred: State Share of Tot al Cos t Local Share of Tot al Cos t Eros ion Control Sam Search Moni toring Erosion Control Sam Search Monitoring Tot al Tot al Note: The total state share plus the total local share of cost inOlrroo must equal the total of all cost incur roo as identifed in "A" (Type of Costs InOlrrErl). 6 . State Funds Obligated: Less Previous Payments: Less This Payment: L es s Retainage (10%): Local Funds Obllga too: Less Previous Crooits: Less This Crooit: State Funds Remaining: Local Funds Remaining: 7. CERI'IFICATION: I certify that this billing is correct am just am is based upJn actual obligation( s) of record by the project sponsor; that payme nt fran the State Government has not been received; that the \o\IOrK am/or services are in accordance with the Department of Natural Resources, Division of Beaches am Shores' approved project agreement including any arnemments thereto; am that progress of the \o\IOrK and/or services are satisfactory am are consistent with the amount billed. 8. Name of Project Administrator Signature of Project Administrator Date 9. Name of Project Financial Off ic e r Signature of Project Financial Officer Date DNR Form 72-101 (4-83) 2. Ineligible - Costs for work perfonned by private or independent contractors " pursuant to cost plus or contingency fee contracts. Services provit1ed for a grantee by private or independent contractors shall be evi denced by a fonnal agreement or contract executed by all appropri ate pa rt i es specifying the exact tenns and conditions. Competitive bid specifications and actual bids received shall be maintained by the grantee. The selection and awarding of such contractual services by the grantee shall be subject to the Department I S approval if speci fi ed in the project agreement. '. I I Q) Q) 0 't:l 5 ..-j Q) 0 ~ ~ :> ~ c:: Q) H 0 c:: 't:l c:: Q) Q) ~ ~~ +J 0 ~ 0 +J .. 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Operating expendables or replacement parts purchased for grantee owned equipment used on the project.* Direct Purchases - Vendor invoices must be maintained which should include a description of the items purchased, quanti~ purchased, 'unit cost and total cost, less applicable discounts. Invoices must also contain the delivery date and signature of a responsible project employee along with a description of the gen'eral use for such materials and supplies. Purchase orders, requisitions and canpetitive bid documentation must be maintained for such purchases. Cancelled warrants must he maintained as evidence of payment for such purchases. Grantee Stock - Materi al s or suppl i es taken from grantee' s stock. or inventory must be supported by mater; al requi si tions or other job order/project cost records si gned by the storekeeper and a responsible project employee. These source documents must describe items in detail and identify the general use of such materi al s in the project. Appropriate records (i.e.. vendor invoices, cancelled checks. etc.) must be maintained to reflect unit costs of the materials. Note: Only actual costs paid to vendors (based upon grantee's inventory method) shall be eligible for reimburse- ment. No warehouse or overhead charges added by the grantee shall be allowed. * Excluding those items addressed in Paragraph 18(e) of this agreement. e III ~ 0' a tI) ~ rilp,. p:: o :I: tI) tI) ril U p:: ::J @ ~ ~ ~ ::J 8 f'l: Z tz.. o tz.. o F-< Z Z ~ ~ ~ ~ ~ ~ ril 0 o CIl U t: III +J III ..-4 III tI) III rilo:( 0.-1 0:( a ril ~ In +J C a u t: a ..-4 III a ~ ril .t:: U III CIl In " tI) ril tI) 0:( :I: ~ ~ ~ ~ ril 8 ~ 8 ~ p:: H o .jJ u CIl -n a ~ p,. -# 0' C ..-4 .-I .-I ..-4 In CIl CIl .jJ C III ~ t? 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Ineligible - Salaries and wages of employees responsible for administration and general activi ties who do not perfonn work di rectly rel a ted to the accanpl i shrrent of the project. Salaries and wages of employees performing routine daily servicing of equipment including general maintenance and repair wort. Payroll regi sters or journal s, payroll warrants, and other appropri ate source documents must be maintained to substantiate the rates of pay and actual payment to grantee employees. Hours of wort reported fOr grantee employees must be supported by individual time records signed by both the employee and immediate field supervi sor (foreman) or project admini strator. The time records sooul d refl ect the generalca tegori es of work performed (e.g. spraying qyaci nths-Lake Loui se, constructing picnic tables-Lake Louise Park, etc.). Employee Benefits Eligible - up to 4~ of eligible salaries and wages of employees shall be allowed as a reasonable reimbursement for: 1. Accrued annual, sick, and ooliday leave based upon a maximum of 15~ of salaries and wages of employees who accrue such benefits from the Grantee. 2. Employee benefits (FICA, Retirement, Health and Life Insurance, Workmen's Compensation, etc.) based upon a maximum of 25~ of salaries and wages of employees who receive such benefits from the Grantee. 1 1 Ul CII Ul t7l~ <<I.... ~~ 'id Q) ... s:: ~ lD Q) Q)~ lD E-i .... ! ~ ~'O CII ~ < > .g <,~.o 0 .... ~ a s:: III ~ ~ I'll ...-l Q) ~..-t s:: ~ ... ~ III Q) lD !i > ~ ~-e III 0 ..-to'OQ) -e 5f~ ~ Q)~...-l II CII '0 '0 >,~g s:: ~ s:: III CII III -al~B II 'tl .... lD lD ~.... 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Z A 287.001 287.012 287.022 287.025 287.032 287.042 287.043 287.052 287.055 287.057 287.058 287.059 287.072 287.082 287.083 287.0834 28 T. 084 287.092 287.094 287.095 287.102 287.114 287.115 287.121 287.131 I ATTACHMENT C I CHAPTER 287 DEPARTMENT OF GENERAL SERVICES; DUTIES PART I PURCHASING PART III COMMUNICATIONS SYSTEMS AND SERVICES PART I PURCHASING Legislative intent. Definitions. Purchase of insurance. Prohibition against certain insurance coverage on specified state property or insurable subjects. Purpose of division. Powers, duties, and functions. Printing or reproduction facilities; cost records. Contracts for acquisition or purchase of commodities. Acquisition of professional architectural, engineering, landscape architectural, or land-surveying services; definitions; procedures; contingent fees prohibited; penalties. Procurement of contractual services. Contract document. Private legal services. Delegation of authority to purchase. Commodities manufactured in state given preference. Purchase of commodities. Motor vehicles; energy-saving equipment and additives. Preference to Florida businesses. Preference to certain foreign manufacturers. Minority business enterprise programs; penalty for false representation. Department of Corrections; prison industry programs. Class B printing. Duties of the Auditor General. Comptroller; quarterly reports. Assistance of Department of Legal Affairs. Assistance of Department of Insurance. 287.001 Legislative intent.-- The Legislature recognizes that fair and open competition is a basic tenet of public procurement; that such competition reduces the appearance and opportunity for favoritism and inspires public confidence that contracts are awarded equitably and economically; and that documentation of the acts taken and effective monitoring mechanisms are important means of curbing any improprieties and establishing public confidence in the process by which contractual services are procured. It is essential to the effective and ethical procurement of contractual services that there be a system of uniform procedures to be utilized by state agencies in managing and procuring contractual services; that detailed justification of agency decisions in the procurement of contractual services be maintained; and that adherence by the agency and the consultant to specific ethical considerations be required. History.--s. 3, ch. 82-196. 287.012 Definitions.-- The following definitions shall apply in part I of this chapter: (1) "Agency" means any of the various state officers, departments, boards, commissions, divisions, bureaus, and councils and any other unit of organization, however designated, of the executive branch of state government. (2) "Commodity" means any of the various supplies, materials, goods, merchandise, class B printing, equipment, and other personal property purchased, leased, or otherwise contracted for by the state and its agencies. However, commodities purchased for resale except class B printing are excluded from this definition. (3) (a) "Contractual service" means the rendering by a contractor of its time and effort rather than the furnishing of specific commodities. Such services may include, but are not limited to, evaluations; consultations; maintenance; ~-....;.. . ' ] -3- 1 287.025 Prohibition against certain insurance coverage on specified state property or insurable subjects.-- (1) No primary contract of insurance shall be purchased on insurable subjects or property titled in the name of the state or its departments, divisions, bureaus, commissions, or agencies with respect to any of the following properties, coverages, or insurable subjects: (a) Physical damage insurance on motor vehicles which are licensed for use on the public highways of this state. For the purpose of this chapter, the term "physical damage insurance" means coverage against collision, upset or overturn, fire, theft, combined additional coverage, or comprehensive; (b) Physical damage insurance on watercraft and related equipment; (c) Loss of rental income on any buildings unless financed in whole or in part by revenue bonds or certificates and such coverage is required by the terms thereof; (d) Miscellaneous equipment which is subject to a transportation feature and subject to ordinarily being covered by an inland marine insurance floater. The term "miscellaneous equipment" does not include boilers and machinery or nuclear equipment; (e) Museum collections, artifacts, relics, or fine arts; (f) Hull coverage on aircraft; (g) Glass insurance; (h) Coverage for loss against vandalism or malicious mischief unless these perils are included within an all risks of physical loss form; and (i) Insurance against loss or damage to livestock and services of a veterinary for such animals. (2) Excess insurance may be purchased to cover loss for physical damage on the above-described properties or risk if the aggregate exposure at anyone location or actual cash value of anyone item exceeds the sum of $50,000. However, no excess insurance shall be purchased on any items listed in paragraphs (c), (e), (g), (h), and (i), regardless of value or risk. (3) Any items, property, or insurable subjects titled in the name of the state or its departments, divisions, bureaus, commissions, or agencies which are not included or insured by the Florida Fire Insurance Trust Fund under chapter 284 or specifically designated not to be insured by this section shall be eligible subjects for insurance coverage through commercial insurance carriers as otherwise provided by law. (4) No primary insurance contracts shall be purchased on any property or insurable subjects when the same is loaned to, leased by, or intended to be leased by, the state or its departments, divisions, bureaus, commissions, or agencies unless such coverage is required by the terms of the lease agreement and unless the insurance coverages required by the provisions of the lease are approved in writing by the Department of General Services. History.--ss. 1, 2, 3, 4, ch. 70-435; s. 1, ch. 73-64. 287.032 Purpose of division.--It shall be the purpose of the Division of Purchasing: (1) To promote efficiency, economy, and the conservation of energy and to effect coordination in the purchase of commodities for the state; and (2) To provide uniform contractual service procurement policies, rules, procedures, and forms for use by the various agencies in procuring contractual services. History.--s. 22, ch. 69-106; s. 8, ch. 69-82; s. 1, ch. 76-29; s. 1, ch. 77-316; s. 2, ch. 80-374; s. 7, ch. 82-196. 287.042 Powers, duties, and functions.--The division shall have the following powers, duties, and functions: (1) To canvass all sources of supply and contract for the purchase, lease, or acquisition in any manner, including purchase by installment sales or lease- purchase contracts which may provide for the payment of interest on unpaid portions of the purchase price, of all commodities required by the state government or any of its agencies under competitive bidding or by contractual negotiation. Any contract providing for deferred payments and the payment of interest shall be subject to specific rules adopted by the division. (2) To plan and coordinate purchases in volume and to negotiate and execute purchasing agreements and contracts under which the division shall require state agencies to purchase commodities and under which a county, municipality, or other local public agency may purchase commodities. Purchases by any county, municipality, or other local public agency under the provisions in the state purchasing contracts shall be exempt from the competitive bid requirements otherwise applying to their purchases. (3) To have general supervision, through the state agencies, of all storerooms and stores operated by the agencies; to provide for transfer or exchange of . c ~ I -4- I commodities among all state agencies and the sale of all commodities which are surplus, obsolete, or unused, and to have supervision of inventories of all commodities belonging to the state agencies. The duties imposed by this section shall not relieve any state agency from accountability for commodities under its control. (4) .To establish a system of coordinated, uniform procurement policies, procedures, and practices to be used by agencies in acquiring contractual services, which shall include but not be limited to: ~ (a) Development of a list of interested vendors to be maintained by classes of contractual services. This list shall not be used to prequalify vendors or to exclude any interested vendor from bidding. All vendors listed in a particular class shall be mailed, by the agency, at the address provided to the division by the vendor, a notice of the request for proposals at least 28 days prior to the date set for submittal of proposals. Notice of invitation to bids shall be mailed at least 10 days prior to the date set for submittal of bids. (b) Development of procedures for the releasing of invitation for bids and request for proposals which shall include, but not be limited to, notice in the Florida Administrative Weekly at least 28 days prior to the date set for submittal of bids or proposals. (c) Development of procedures for the receipt and opening of bids or proposals by an agency. (d) Development of procedures to be used by an agency in deciding to contract, including, but not limited to, identifying and assessing in writing project needs and requirements, availability of agency employees, budgetary constraints or availability, facility equipment availability, current and projected agency work load capabilities, and the ability of any other state agency to perform the services. (e) Development of procedures to be used by an agency in maintaining a contract file for each contract which shall include, but not be limited to, all pertinent information relating to the contract during the preparatory stages, a copy of the invitation for bids or request for proposals, documentation relating to the bid process, opening of bids, evaluation and tabulation of bids, and determination and notice of award of contract. (f) Development of procedures to be used by an agency in identifying contractual services that could be provided by1minority-owned firms or companies or minority persons. Each agency is encouraged to annually set aside a sum of money not to exceed 5 percent of the moneys actually expended for contractual services during the previous fiscal year and reported to the Legislature pursuant to s. 216.023, for the purpose of entering into contracts with qualified, responsive, minority- owned firms or companies or minority persons. Any individual falsely represent- ing any firm or company as being minority owned and controlled is guilty of a felony of the third degree, punishable pursuant to s. 775.082, s. 775.083, or s. 775.084. (5) To prescribe the methods of securing bids or negotiating and awarding commodity contracts, unless otherwise provided by law. (6) To prescribe specific commodities and quantities to be purchased locally. (7) To govern the purchase by any agency of any commodity; to establish standards and specifications for any commodity; and to set the maximum fair prices that shall be paid for any commodity. (8) To establish definitions and classes of contractual services. The authority of the division under this section shall not be construed to impair or interfere with the determination by state agencies of their need for, or their use of, services including particular specifications. (9) To furnish copies of any commodity purchasing and contractual service rules to the Comptroller and all agencies affected thereby. Thereafter, no agency shall purchase any commodity covered by purchasing rules without prior approval of the division. The Comptroller shall not approve any account or direct any payment of any account for the purchase of any commodity or the procurement of any contractual service covered by a purchasing or contractual service rule except as authorized therein. The division shall furnish copies of rules adopted by the division to any county, municipality, or other local public agency requesting them. (10) To require that every agency furnish information relative to its commodity and contractual services purchases and methods of purchasing commodities and contractual services to the division when so requested. (11) To prepare statistical data concerning the method of procurement, terms, usage, and disposition of contractual services by state agencies. All such affected agencies shall furnish such information for this purpose as the division may call for on such forms or in such manner as the division may prescribe. (12) To establish and maintain programs for the purpose of disseminating information to government, industry, educational institutions, and the general public concerning policies, procedures, rules, and forms for the procurement of contractual services. ! c I -5- I (13) out the purposes of this section, including the authority to delegate to any state agency any and all of the responsibility conferred by this section, retaining to the division any and all authority for supervision thereof. Such purchasing of commodities and procurement of contractual services by state agencies shall be in strict accordance with the rules and procedures prescribed by the Department of General Services. History.--s. 22, ch. 69-106; s. 1, ch. 70-150; s. 1, ch. 79-92; s. 3, ch. 80-374; s. 179, ch. 81-259~ ss. 4, 8, ch. 82-196. INote.--The words "Minority-owned firms or companies or substituted by the editors for the words "minority owned individuals." Except as otherwise provided herein, to adopt rules necessary to carry minority persons" were firms, companies, or 287.043 Printing or reproduction facilities; cost records.--If any of the funds appropriated to any agency are to be expended for equipping, operating, or main- taining printing, duplicating, or reproduction services or facilities, then each such agency shall furnish such cost records to the division as may be prescribed by the division. Nothing herein shall authorize the purchase of any printing, duplicating, or reproduction equipment except under such rules and regulations as are adopted by the division. All such equipment shall be used for efficient and economical production of printed material directly related to business of the state. History.--s. 22, ch. 69-106; s. 1, ch. 77-345. 287.052 Contracts for acquisition or purchase of commodities.--Commodities shall not be acquired by any agency pursuant to any contract for services or incidental to the services performed thereunder. Any contract providing for the acquisition of both services and commodities shall be deemed to be a contract for the acquisition or purchase of commodities, except that service contracts may provide for purchase of reports on the findings of consultants engaged thereunder. History.--s. 22, ch. 69-106. 287.055 Acquisition of professional architectural, engineering, landscape architectural, or land-surveying 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" shall mean those services within the scope of the practice of architecture, professional engineering, landscape architecture, or registered land surveying, as defined by the laws of the state, or those performed by any architect, professional engineer, landscape architect, or registered land surveyor in connection with his professional employment or practice. (b) "Agency" means the state or a state agency, municipality, or political subdivision, a school district or a school board. (c) "Firm" means any individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice architecture, engineering, or land surveying 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 pursuant to paragraph (3)(a). An agency shall prescribe by administrative rule procedures for the determination of a project under its jurisdiction. Such procedures may include: 1. Determination of a project which constitutes a grouping of minor construction, rehabilitation, or renovation activities. 2. Determination of a project which constitutes a grouping of substantially similar construction, rehabilitation, or renovation activities. (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 work of a specified nature as outlined in the contract required by the agency with no time limitation except that the contract shall provide a termination clause. (3) PUBLIC ANNOUNCEMENT AND QUALIFICATION PROCEDURES.-- (a) Each agency shall publicly announce, in a uniform and consistent manner, each occasion when professional services are required to be purchased for a project whose basic construction cost is estimated by the agency to be more than $100,000 or for a planning or study activity when the fee for professional services ~' I -6- I exceeds $5,000, except in cases of valid public emergencies so certified by the agency head. Public notice shall include a general description of the project and shall indicate how interested consultants can apply for consideration. ' (b) Each agency shall encourage firms engaged in the lawful practice of their profession who desire to provide professional services to the agency to submit annually a statement 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 shall make a finding 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 adopt administrative procedures for the evaluation of professional services, including, but not limited to, capabilities, adequacy of personnel, past record and experience, and such other factors as may be determined by the agency to be applicable to its particular requirements. (e) The public shall 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 less than three firms, regarding their qualifications, approach to the project, and ability to furnish the required service. (b) The agency shall select, in order of preference, no less than three firms deemed to be most highly qualified to perform the required services after consider- ing such factors as the ability of professional personnel, past performance, willingness to meet time and budget requirements, location, recent, current, and projected work loads of the firms, and the volume of work previously awarded to the 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. (c) This subsection shall not apply to a professional service contract for a project whose basic construction cost is estimated by' the agency to be $100,000 or less or for a planning or study activity when the fee for professional services is $5,000 or less. (d) Nothing in this act shall be construed to prohibit continuing contracts between firm and 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, competi- tive, 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 all lump-sum or cost-plus-a-fixed- fee professional service contracts over $50,000, 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 shall contain a provision that the original contract price and any additions thereto shall 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 shall be made within 1 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 shall 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 shall 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 order of their competence and qualification 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 shall contain a prohibition against contingent fees as follows: "The architect (or registered land surveyor or professional engineer, as applicable) warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the architect (or registered land surveyor, or professional engineer, as applicable) to solicit or secure this agreement and that ,. , I -7- I he has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the architect ( or registered land surveyor or professional engineer, as applicable) any fee, commission, percentage, gift, or any 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 terminate the agreement with- our liability and, at its discretion, to deduct from the contract price, or other- wise recover, the full amount of such fee, commission, percentage, gift, or consideration. (b) Any individual, corporation, partnership, firm, or company, other than a bona fide employee working solely for an architect, professional engineer, or registered land surveyor, who offers, agrees, or contracts to solicit or secure agency contracts for professional services for any other individual, company:, corporation, partnership, or firm, and to be paid, or is paid, any fee, commission, percentage, gift, or any 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. (c) Any architect, professional engineer, or registered land surveyor, or any group, association, company, corporation, firm, or partnership thereof, who shall offer to pay, or pay, 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 any other consideration contingent upon the award or making of such a contract for professional services between the agency and any individual person, company, firm, 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 GENERAL SERVICES.--Notwithstanding any other provision of this section, the Department of General Services, Division of Building Construction and Property Management, 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 sa~e are appropriated to the Department of General Services, irrespective of whether such projects are intended for the use and benefit of the Department of General 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 General Services by other express provisions of law. Additionally, any agency of government may, with the approval of the Department of General Services, delegate to the Department of General Services authority to administer and perform the 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 professional service contracts for which the fee is over $25,000, the Department of Transportation or the Department of General 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. (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) 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. However, subsequent to July 1, 1975, public notice for any plans which are intended to be reused at some future time shall contain a statement which provides that the plans are subject to reuse in accordance with the provisions of this subsection. (11) CONSTRUCTION OF LAW.--Nothing in the amendment of this section by ch. 75-281, Laws of Florida, is intended to supersede the provisions of SSe 235.211 and 235.31. History.--ss. 1, 2, 3, 4, 5, 6, 7, 8, ch. 73-19; SSe 1, 2, 3, ch. 75-281; s. 1, ch. 77-174; s. 1, ch. 77-199. 287.057 Procurement of contractual services.-- (1) For the purposes of this section, the following definitions, in addition to the definitions set forth in s. 287.012, shall apply: (a) "Invitation for bids" means any document, whether attached or incorporated by reference, used for soliciting bids when the agency is capable of specifically defining the scope of work required. '::.' I -8- I (b) "Request for proposals" means any document, whether attached or incorporated by reference, used for soliciting proposals when the agency is incapable of specifically defining the scbpe of work required. (c) "Qualified bidder or offeror" means a person who has the capability in all repects to perform fully the contract requirements and has the integrity and reliability which will assure good faith performance. (d) "Responsive bidder" means a person who has submitted a bid which conforms in all material respects to the invitation for bids. (2) Unless otherwise authorized by law, all contracts for contractual services shall be awarded by competitive sealed bidding. An invitation for bids shall be issued which shall include a detailed description of the services sought, the date for submittal of bids, and all contractual terms and conditions applicable to the procurement of contractual services, including the criteria which shall include, but need not be limited to, price, to be used in determining acceptability of the bid. If the agency contemplates renewal of the contract, it shall be so stated in the invitation for bids. The bid shall include the price for each year for which the contract may be renewed. Evaluation of bids shall include consideration of the total cost for each year as quoted by the bidder. No criteria may be used in determining acceptability of the bid that was not set forth in the invitation for bids. The contract shall be awarded with reasonable promptness by written notice to the qualified and responsive bidder who submits the lowest and best bid. This bid must be determined in writing to meet the requirements and criteria set forth in the invitation for bids. (3) When an agency determines in writing that the use of competitive sealed bidding is not practicable, contractual services shall be procured by competitive sealed proposals. A request for proposals which includes a statement of the services sought and all contractual terms and conditions applicable to the procurement of contractual services, including the criteria, which shall include, but need not be limited to, price, to be used in determining acceptabil5ty of the proposal shall be issued. If the agency contemplates renewal of the contract, it shall be so stated in the request for proposals. The proposal shall include the price for each year for which the contract may be renewed. Evaluation of proposals shall. include consideration of the total cost for each year as quoted by the proposer. To assure full understanding of and responsiveness to the solicitation requirements, discussions may be conducted with qualified offerors. The offerors shall be accorded fair and equal treatment prior to the submittal date specified in the request for proposals with respect to any opportunity for discussion and revision of proposals. The award shall be made to the responsible offeror whose proposal is determined in writing to be the most advantageous to the state, taking into consideration price and the other criteria set forth in the request for proposals. The contract file shall contain the basis on which the award is made. (4) When the price of contractual services is less than $2,500, an agency shall not be required to use the competitive procedures set forth in subsections (2) and (3). However, the agency shall not divide the procurement of contractual services so as to avoid the requirements of subsections (2) and (3). (5) A contract for contractual services may be awarded without competition if it is determined in writing that such services are available from only one source; however, if such contract is for an amount greater than $5,000, the agency shall secure prior approval from the division. (6) A contract for contractual services may be awarded without competition if state or federal law prescribes with whom the agency must contract or if the rate of payment is established during the appropriations process. (7) If only one response to an invitation for bids or request for proposals is received, the agency may proceed with the procurement of the contractual services pursuant to subsection (5). (8) If no response to an invitation for bids or request for proposals is received, the agency may proceed with the procurement of contractual services pursuant to subsection (5). (9) Failure of the division to approve or disapprove the request of an agency for prior approval pursuant to subsections (5), (7), and (8) within 21 days after receiving the request for prior approval or within 14 days after receiving addi- tional materials requested by the division from the agency shall constitute prior approval by the division. (10) If two equal responses to an invitation for bids or request for proposals are received and one response is from a minority-owned firm or company, the agency shall enter into a contract with the minority-owned firm or company. (11) If the head of any agency determines in writing that an immediate danger to the public health, safety, welfare, or other substantial loss to the state, requires emergency action, the agency may proceed with the procurement of the contractual services necessitated by the immediate danger without competition. However, such emergency procurements shall be made with such competition as is , ' ~ , . I, -9- I practicable under the circumstances. The agency shall furnish copies certified under oath of the written determination and any other documents relating to the emergency action to the division. (12) Extension of a contract for contractual services shall be in writing for a period not to exceed 6 months and shall be subject to the same terms and condi- tions set forth in the initial contract. The extension may, however, provide for an increase in the total dollar amount of the contract based on the method and rate established in the initial contract. There shall be only one extension of a contract unless the failure to meet the criteria set forth in the contract for completion of the contract is due to events beyond the contractor's control. (13) Renewal of a contract for contractual services shall be in writing and shall be subject to the same terms and conditions set forth in the initial contract. The cost of any contemplated renewals shall be included in the invitation for bids or request for proposals. Renewals are to be done on a yearly basis and contracts shall not be renewed for more than 2 years unless competitively procured. Renewals shall be contingent upon satisfactory performance evaluations by the agency. (14) For each contractual services contract, the agency shall designate an employee to function as contract manager who shall be responsible for enforcing performance of the contract terms and conditions and who shall serve as a liaison with the contractor and shall approve all invoices prior to payment. (15) Each agency shall designate one employee who, in addition to his existing duties, shall serve as a contract administrator responsible for maintaining a contract file and financial information on all contractual services contracts and who shall serve as a liaison with the contract managers and the division. (16) A selection team of at least three employees who have experience and knowledge in the program areas and service requirements for which contractual services are sought shall be appointed by the agency head to aid in the selection of contractors for contracts of more than $50,000. (17) Each agency shall establish a review and approval process for all contractual services contracts costing more than $5,000 which shall include, but not be limited to, program, financial, and legal review and approval. Said reviews and approvals shall be obtained prior to the contract being executed. (18) No person receiving a contract that has not been procured pursuant to subsection (2) or subsection (3) to perform a feasibility study of the potential implementation of a subsequent contract, participating in the drafting of an invitation for bids or request for proposals, or developing a program for future implementation, shall be eligible to contract with the agency for any other contracts dealing with that specific subject matter; nor shall any firm in which such person has any interest be eligible to receive such contract. (19) Nothing in this section shall affect the validity or effect of any contract in existence on the effective date of this act. 287.058 Contract document.-- (1) Every procurement of contractual services, except for the providing of health and mental health services or drugs in the examination, diagnosis or treat- ment of sick or injured state employees or the providing of other benefits as required by the provisions of chapter 440, shall be evidenced by a written agree- ment embodying all provisions and conditions of the procurement of such services, which provisions and conditions shall include but shall not be limited to: (a) A provision that bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and post- audit therof. (b) A provision that bills for any travel expenses shall be submitted in accordance with s. 112.061. A state agency may establish rates lower than the maximum provided in s. 112.061. (c) A provision allowing unilateral cancellation by the agency for refusal by the contractor to allow public access to all documents, papers, letters, or other material subject to the provisions of chapter 119 and made or received by the contractor in conjunction with the contract. (d) A provision dividing the contract into units of deliverables, which shall include, but not be limited to, reports, findings, and drafts, that must be received and accepted in writing by the contract manager prior to payment. (e) A provision specifying the criteria and the final date by which such criteria must be met for completion of the contract. (f) Where applicable, a provision specifying that the contract may be renewed on a yearly basis, for a maximum of 2 years after the initial contract; the terms under which the cost may change as determined in the invitation for bids or request for proposals; and that renewals shall be contingent upon satisfactory performance evaluations by the agency and subject to the availability of funds. (2) The written agreement shall be signed by the agency head and the contractor prior to the rendering of any contractual service, except in the case of a valid emergency as certified by the agency head. " ~ I -10- I 287.059 Private legal services.-- (1) No funds shall be expended by an agency for private legal services without the prior approval of the Attorney General. This approval shall include a certifi- cation that the private legal services requested cannot be provided by the office of the Attorney General or that such private legal services are cost effective in the opinion of the Attorney General. The office of the Attorney General shall respond to the request of an agency for prior approval within 10 working days after receiving the request for prior approval. (2) This section does not apply to contracts for: (a) Legal services entered into by the Department of Health and Rehabilitative Services for child support enforcement pursuant to s. 409.2557; (b) Child dependency or termination of parental rights under chapter 39; (c) Services to be provided by legal services organizations to indigent clients; (d) Services procured by the Executive Office of the Governor or any department under the jurisdiction of a Cabinet officer; (e) Legal services necessary pursuant to part II of chapter 284; or (f) Contracts for legal services entered into by the Board of Regents for defense of comprehensive general liability claims, including professional liability claims, which are covered by the self-insurance programs created pursuant to s. 240.213. History.--s. 5, ch. 82-196. 287.072 Delegation of authority to purchase.-- (1) Except as limited herein, the division may delegate the authority for the contracting for, or the purchase, lease, or acquisition of, commodities in the following cases: (a) Technical instruments and supplies, technical books, and other printed matter on technical subjects; manuscripts, maps, books, pamphlets, and periodicals for the use of the State Library or any other library in the state supported in whole or in part by state funds. (b) Perishable articles, such as fresh vegetables, fruit, fish, meat, eggs, and milk. No other article shall be considered perishable within the meaning of this clause unless so classified by the division. (c) Life and health insurance when no part of the premium is paid by the state. (2) All contracts for, or purchases, leases, or acquisitions of, commodities described in this section made directly by the agencies shall, whenever possible, be based on two or more competitive bids. Whenever an order, contract, lease, or acquisition of such commodities is awarded by any agency, a copy of such order, contract, lease, or other document together with a record of the competitive bids, if any, upon which it was based shall be forwarded to the division. History.--s. 22, 69-106. 287.082 Commodities manufactured in state given preference.--Whenever two or more competitive bids are received, one or more of which relates to commodities manufactured within this state, and whenever all things stated in such received bids are equal with respect to price, quality, and service, the commodities manufactured within this state shall be given preference. History.--s. 22, ch. 69-106. 287.083 Purchase of commodities.-- (1) It shall be the policy of the state for the Division of Purchasing to consider the life-cycle cost of commodities purchased by the state, when applicable and feasible as determined by the division. (2) Definitions.--For the purpose of this section: (a) "Major energy-consuming product" means any article so designated by the division. (b) "Energy-efficiency standard" means a performance standard which prescribes the relationship of the energy use of a product to its useful output of services. (3)(a) The division is authorized to establish by rule energy-efficiency standards for major energy-consuming products. (b) When federal energy-efficiency standards exist, the division shall, when feasible, adopt standards at least as stringent as the federal standards. (4) When energy-efficiency standards are established, life-cycle costs shall be used by the division in contracting for major energy-consuming products. (5) In determining the life~cycle cost, the division may consider the acquisition cost of the product; the energy consumption and the projected cost of energy over the useful life of the product; and the anticipated trade-in, resale, or salvage value of the product. History.--s. 2, ch. 77-316; s. 25, ch. 81-169. 287.0834 Motor vehicles; energy-saving equipment and additives.--Each motor vehicle purchased by the state and each motor vehicle leased by the state for a , . ,~ . I -11- I' period in excess of 1 year shall use devices, equipment, and additives that have been certified as energy saving and approved for use by the United States Environmental Protection Agency and that have been determined to be cost effective by the Department of General Services. History.--s. 1, ch. 82-68. 287.084 Preference to Florida businesses.-- (1) When a county, municipality, school district, or other political subdivision of the state is required to make purchases of personal property through competitive bidding and the lowest responsible bid is by a bidder whose principal place of business is in a state or political subdivision thereof which grants a preference for the purchase of such personal property to a person whose principal place of business is in such state, then the county, municipality, school district, or other political subdivision of this state may award a preference to the lowest responsible bidder having a principal place of business within this state, which preference is equal to the preference granted by the state or political subdivision thereof in which the lowest responsible bidder has his principal place of business. However, this section shall not apply to transportation projects for which federal aid funds are available. (2) If an invitation for bids provides for the granting of such preference as is provided herein, any bidder whose principal place of business is outside the State of Florida must accompany any written bid documents with a written opinion of an attorney at law licensed to practice law in that foreign state, as to the preferences, if any or none, granted by the law of that state to its own business entities whose principal places of business are in that foreign state in the letting of any or all public contracts. History.--s. 1, ch. 77-460; s. 117; ch. 79-400. 287.092 Preference to certain foreign manufacturers.--Any foreign manufacturing company with a factory in the state and employing over 200 employees working in the state shall have preference over any other foreign company when price, quality, and service are the same, regardless of where the product is manufactured. History.--s. 22, ch. 69-106. 287.094 Minority business enterprise programs; penalty for false representation.-- (1) "Minority business enterprise" means any legal entity, other than a joint venture, which is organized to engage in commercial transactions and which is at least 51-percent owned and controlled by minority persons. (2) "Minority person" means a person who is a citizen or lawful permanent resident of the United States and who is: (a) A black, a person having origins in any of (b) An Hispanic person, a person of Spanish or in Mexico, South America, Central America, or the race; (c) An Asian, a person East, Southeast Asia, the (d) An American Indian original peoples of North (e) A woman. (3) It is unlawful for any individual to falsely represent any entity as a minority business enterprise for purposes of qualifying for certification as such an enterprise under a program of a state agency which, in compliance with federal law, is designed to assist minority business enterprises in the receipt of contracts with the agency for the provision of goods or services. Any person who violates this section is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. History.--s. 2, ch. 82-196. the black racial groups of Africa; Portuguese culture with origins Caribbean Islands, regardless of having origins in any of the original peoples Indian subcontinent, or the Pacific Islands; or Alaskan Native, a person having origins in America; or of the Far any of the 287.095 Department of Corrections; prison industry programs.-- (1) The purchase of raw materials for use by the Department of Corrections in its prison industry programs to manufacture or process products for resale is exempt from the provisions of this part. (2) The provisions of this part shall not apply to any purchases of commodities or contractual services made by any state agency from the department or by the nonprofit corporation organized under s. 945.135. History.--s. I, ch. 82-76; s. 3, ch. 82-409. 287.102 Class B printing.--No general contract shall be let to cover printing designated as class B, but each job coming under this classification shall be let separately, under regulations adopted by the division, to the lowest responsible bidder. Such contract shall apply only to the work under consideration and competitive bids shall be required on all purchases in excess of $1,000. All - ~ I -12- ~ public printing governed hereby shall be done in accordance with s. 283.03. History.--s. 22, ch. 69-106; s. 2, ch. 76-71; s. 3, ch. 78-145; s. 5, ch. 79-135. 287.114 Duties of the Auditor General.--The Auditor General shall make an annual performance audit of and report on the Division of Purchasing and submit such report to the Legislative Auditing Committee within 60 days after the affected agency has responded to the findings of the audit. History.--s. 6, ch. 80-374. , 287.115 Comptroller; quarterly reports.--The Comptroller shall submit to the office of the Auditor General, on a quarterly basis, a report on those contractual service contracts disallowed pursuant to s. 287.042(9), which shall include, but not be limited to, the name of the user agency, the name of the firm or individual from which the contractual service was to be acquired, a description of the contractual service, the financial terms of the contract, and the reason for rejection. Sixty days prior to the beginning of each legislative session, the Comptroller shall submit a compilation of the four preceding quarterly reports to the President of the Senate and the Speaker of the House of Representatives. History.--s. 6, ch. 80-374. 287.121 Assistance of Department of Legal Affairs.--The Department of Legal Affairs shall assist in the preparation of forms of contracts and of contractual language for use in all contracts governed by this part of chapter 287. History.--ss. 11, 22, 35, ch. 69-106. 287.131 Assistance of Department of Insurance.--The Department of Insurance shall provide the division with technical assistance in all matters pertaining to the purchase of insurance for all agencies, and shall make surveys of the insurance needs of the state and all departments thereof, including the benefits, if any, of self-insurance. History.--ss. 13, 22, 35, ch. 69-106. ""I.-