R06-105
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RESOLUTION NO. 06- 105
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA APPROVING
THE PROPOSAL SUBMITTED BY THE JOHN SCOTT
DAILEY FLORIDA INSTITUTE OF GOVERNMENT AT
FLORIDA ATLANTIC UNIVERSITY AND THE
CATANESE CENTER FOR URBAN AND
ENVIRONMENTAL SOLUTIONS TO CONDUCT AN
AMERICAN ASSEMBLY FOR THE CITY OF
BOYNTON BEACH; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Florida Institute of Government at Florida Atlantic University and the
Catanese Center for Urban and Environmental Solutions have submitted a proposal to coordinate
an American Assembly on key issues within the City of Boynton Beach; and
WHEREAS, the American Assembly visioning process will assist the City to develop
programs and activities that are beneficial to the Boynton Beach community; and
WHEREAS, the City Commission of the City of Boynton Beach has determined that it
would be in the best interest of the citizens and residents of said City to accept the proposal of
F AU to coordinate said American Assembly.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS:
Section 1:
The "Whereas" clauses set forth hereinabove related to proposed legislative
enactments are incorporated herein by reference.
Section 2: The City Commission of the City of Boynton Beach hereby accepts and
approves the proposal of The John Scott Dailey Florida Institute of Government at Florida
Atlantic University (lOG) and the Catanese Center for Urban and Environmental Solutions to
coordinate an American Assembly for the City of Boynton Beach.
Section 3:
This Resolution shall take effect immediately upon passage.
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S:ICA IRESOlAmerican Assembly.doc
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PASSED AND ADOPTED this lL day of June, 2006.
CITY OF BOYNTON BEACH
ATTEST:
'tn. ~
Commissioner -
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S:ICA IRESOlAmerican Assembly.doc
Exhibit A
Rolo - IDS-
A Proposal
to Conduct an American Assembly
for the
City of Boynton Beach
Submitted by:
The John Scott Dailey Florida Institute of Government
at Florida Atlantic University
and
The Catanese Center for Urban and Environmental Solutions
May 2006
INTRODUCTION
The John Scott Dailey Florida Institute of Government at Florida Atlantic University ("IOG") and the
Center for Urban and Environmental Solutions ("CUES") propose to coordinate an Assembly for the
City of Boynton Beach to build community-wide consensus on the most critical and emerging concerns
in the City and strategies for addressing those needs. The City Commission and staff, in cooperation
with IOG and CUES, will establish a broad-based Steering Committee to determine specific agenda
issues and questions, and participants for the Assembly.
The forum will utilize a modified version of American Assembly procedures. Approximately 80
participants representing a cross section of public and private sector interests will be invited to attend.
AMERICAN ASSEMBLY PROCEDURES
The American Assembly process is a negotiating procedure designed to reach consensus on issues of
interest to diverse parties. The Assembly provides a body of knowledge, a setting, and a technique for
bringing people together to discuss issues, voice their opinions, and reach agreement on issues of public
policy.
This Assembly will be conducted over a one and one-half day period. The attendees are divided into
four groups of equal size, with each group representing a cross-section of the assembly participants. All
of the discussion groups follow the same agenda and discuss the questions concurrently. The agenda
issues and questions are developed by the Institute of Government in consultation with a Steering
Committee. The discussion in each group is led by a facilitator whose role is to stimulate open
communication on the issues and provide a sense of direction in bringing the group toward consensus.
Each group includes a recorder who is responsible for distilling the group's discussion into a consensus
statement that reflects, as closely as possible, positions articulated during the discussion.
Following the completion of the discussion sessions, the facilitators and recorders meet with a drafting
team to draft a consensus statement on the agenda issues. The facilitators, recorders, and staff are
instructed to use the greatest degree of objectivity in performing these tasks so that the results represent
the majority identifying areas of agreement and majority viewpoints, strong minority points are
sometimes made and should be incorporated into the policy statement.
On the morning of the second day, participants are provided with a draft policy statement, which is
reviewed by the groups as a whole at the final plenary session. Decisions to add, delete or amend are
made by a majority vote of the participants. The rules of parliamentary procedure apply during the
plenary session. The final policy statement, including the recommended amendments, is adopted as a
whole at the end of the plenary session.
RESPONSIBILITIES FOR AN AMERICAN ASSEMBLY
Steerinf! Committee
A Steering Committee, consisting of public and private sector representatives, will be organized to
develop the groundwork for the Assembly. The Steering Committee will identify key areas of interest
for conference discussions. The Committee, in consultation with F AU staff, will then develop questions
for each of those issue areas. In addition, the Steering Committee in consultation will develop a list of
potential conference participants designed to provide broad representation from the public and private
sectors as well as regional interests.
Institute of Government/Center for Urban and Environmental Solutions
The responsibilities of the Institute of Government and the Center for Urban and Environmental
Solutions include:
. Coordinating all logistical arrangements for the Assembly, including investigating and securing the
site for the Assembly, arranging meeting facilities, and food services;
. Setting up a special program account at the University and following prescribed fiscal procedures
for receiving funds and tracking monies spent for mailing, duplicating, staff travel, etc.;
. Monitoring revenues and expenses and providing the Steering Committee a detailed financial
accounting at the end of the Assembly, invoicing sponsors, and sending letters of appreciation for
support;
· Preparing the final agenda of issues and agenda questions (in consultation with the Steering
Committee) for the Assembly;
. Producing and mailing out of all background materials related to the Assembly;
· Assisting the Steering Committee in the selection of participants to assure that appropriate sectors
of the community are represented;
· Preparing and mailing invitation letters, acknowledgments, agendas, and driving directions for the
Assembly. Also, tracking acceptances and refusals and subsequent mailings to alternates. Making
hotel reservations for participants, and making follow-up phone calls to invitees who have not
responded by the deadline to confirm attendance;
. Selecting facilitators from the list of participants (in consultation with the Steering Committee),
and briefing the facilitators of the Assembly's small group sessions;
. Providing recorders for the small group discussions;
. Preparing the final information packets to give to participants on the first day of the Assembly; the
packets will include final agendas, a list of participants, final agenda questions, a list of sponsors,
and other appropriate materials;
. Assembling the draft policy statement for review by participants at the Assembly's final plenary
seSSIOn;
. Leading participants through the plenary session; and
. Distributing the final policy statement to Assembly participants.
Staff
The Institute of Government, with the assistance of the Catanese Center, will serve as coordinator for the
Assembly. The IOG and Catanese Center staffhas considerable experience in coordinating assemblies
of this type (Appendix A). Staff members will be on site to facilitate Steering Committee meetings,
research and draft background materials, handle logistics, serve as recorders, draft the Policy Statement,
and chair the plenary session.
Mana2ement Fee
The lOG and CUES management fee for conducting the Assembly is $15,000 which does not include
any expenses related to the Assembly. An estimated expense budget for the Assembly will be prepared
by the IOG.
Fundin!!"
Upon acceptance of this proposal submitted by F AU, a contract outlining the final terms of agreement
will be drawn up between Florida Atlantic University (on behalf of the Institute of Government and the
Center for Urban and Environmental Solutions) and the City of Boynton Beach. Additional individuals,
agencies or corporations agreeing to underwrite portions of the cost of the Assembly will be asked to
sign Letters of Agreement. Such contracts and Letters of Agreement are necessary so that Florida
Atlantic University may enter into contracts with vendors.
The Institute of Government will ensure that bills related to the Assembly are reconciled and paid. A
statement of all income and expenses with regard to the Assembly will be provided to the sponsoring
agency.
APPENDIX A
AMERICAN ASSEMBLIES
Coordinated by the John Scott Dailey Florida Institute of Government and
the Center for Urban and Environmental Solutions
Broward County Trash Summit, June 2006
The Greenacres Assembly: A New Vision, October 2002
Pinellas Assembly, May 2002
Pompano Beach; A 20/20 Vision, January 2000
Greater Boca Raton Education Summit, January 1998
Martin County Education Assembly, October 1996
Boynton Beach Vision 20/20: Planning Our Future, May 1996
Coconut Creek Assembly: Passport to the 21st Century, December 1995
Southeast Florida 2025: An Investment Strategy for the Future, May 1995
Fort Lauderdale-New Century-New City, May 1995
Broward County Urban River Greenway Assembly, November 1994
Coral Springs Vision 2000 Assembly, October 1994
Delray Beach Visions 2005 Assembly, May 1994
Greenacres Assembly: A New Destination, April 1994
Northern Palm Beach County/Southern Martin County Planning Forum, August 1993
Martin County; Committing to its Future, June 1993
Symposium on Juvenile Justice Issues in the Twentieth Judicial Circuit, July 1992
Setting the Agenda for Broward County's Environmental Future, May 1992
Political Campaign Practices and Citizen Participation in the Electoral Process, October 1991
Healthy Children; Tomorrow Begins Today, An American Assembly on Children's Health Issues in Florida,
February 1990
Our Children--Our Future: An American Assembly on Children's Issues in Palm Beach County,
October 1989
The American Assembly for Greenacres City, September 1989
City of Hollywood Visions 2000 Assembly, May 1989
Florida House of Representatives Legislative Issues Assembly, December 1988
Greater Delray Beach Visions 2000 Assembly, May 1988
Directions 88: Charting the Course for Palm Beach County, May 1988
Pahokee Potentials: An American Assembly for the City of Pahokee, February 1988
Town of Davie Visions 2000 Assembly, December 1987
Mapping and Monitoring Assembly, September 1987
Palm Beach County Criminal Justice American Assembly, March 1987
Sarasota County Assembly for Wastewater Management, December 1986
West Palm Beach Citywide Forum, November 1986
Regional Comprehensive Policy Planning Assembly, May 1986
Growth Management and Florida's Energy Future, March 1986
Directions 85: Charting the Course for Palm Beach County, October 1985
Growth Management and the C-51 Basin, January 1985
Broward's Beach: The Second Century, May 1984
Directions 84; Charting the Course for Palm Beach County, February 1984
Assisted with Coordination/Served as On-Site Staff
Strategic Plan Assembly for the Metropolitan Water District of Southern California, June 1994
Strategic Plan Assembly for the Metropolitan Water District of Southern California, October 1993
Louisiana Citizens' Summit on Adolescent Pregnancy Prevention, January 1993
The Southeastern Region Summit on Violent Crime, July 1992
Southern Legislative Summit on Healthy Infants and Families, October 1990
Legislative Issues Conference for the Florida House of Representatives, February 1990
Visions 2000 for Alachua County, March 1987
Visions 2000 for Alachua County, January 1986
Governor's Conference on Water Management in South Florida, September 1971
Coordinated by the FAU Center for Urban and Environmental Solutions
Regional Water Supply for Broward County, August 1983
The Farm and the City - Southeast Regional American Assembly, April 1980
Southeast Regional American Assembly on Land Use, October 1974
Collective Bargaining in the Public Sector - Southeast Regional American Assembly, December 1972
The States and the Urban Crisis - Southeast Regional American Assembly, December 1970
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EXHIBIT B
, "
The 2001 Florida StlLt\lm
-
!J1IQ..XIX Chaoter 287 Yiew'ErWiN Cb"
Public Business procurernent Of Personal Property And Services
287.057 Procurem."t of commodities or contraCtUal ..rvices.--
(1) Unless otherwise authorized by law, all contracts for the purchase of co mn'l.odItfes or
con tr<! c::tua I services in excess oftne threshold amount provided in $. 287.QU for
CA1'eGORY TWO shall be ilwiu"ded by cQmpetltlve sea!@c bidding. An InvitatIon to bid S"l'Il1
be issued which shall include a detailed description of ttJe commodities or contractual
services sought; the date for submittal of bids; and all contractual terms and conditions
applicable to the procurement of commodities Dr contractual services, including the
criteria which shall indude, but need flot be limited ta, price, to be used in determining
accep~biljty of the bid. If the agency contemplates renewal of the contract, it shall be so
stated In the lnvltitlon to bid. The bid snail include the price fOr each year for which the
contract may be renewed. Evaluation of bids sMall include consideration of the total cost
for each year as quoted by the bidder. No c.riteria m<ilY be used in detl!!rmining
acce:,tabiHty of the bid that was not set forttt in the invitation to bid. The contract shall be
awarded with reasonable prornptness by written notice to the qualified and responsive
blddl~r who submits the lowest ruponslw bid. This: bid must be determin-d in writlng to
mee!: the requirem~r'lts and criteria set forth in the invitation to bid.
(2) 'When an agency determines In wnting that the U~ of competitive sealed biddIng Is
net practicable, commodities or (.'Ontractual services shall be procured by competitive
sealE~ propolals. A request for proposals which includes a statement of the commodities
or CCintractua[ serviceS sought and aU cont"actual terms and conditions applicable to the
proc:Jrement of commodities or COf1tractual services, including the criteria, which snal!
i'1c:1ude, but need not be limited to, price, to be used in determining acceptabilitY of the
prop,osal shall b4il issu!ld. If the agency contemplates rlilnewal of the commodities or
cont:--actual services contract, it shall be so stated In the request for proposals, The
proposal \ihal' include the price for eac" year for which the contract may be renewed.
E:vall,Jatiol'1 of proposals shall indude consideration of the total cost for each year as
quotled by the offeror. To assure full understanding of and responsiveness to the
solic:~tat,on requirements, discussions may be conducted with qualified offeror'S. The
offerors shan t;>e accorded fair and @qual treatment prior to the submittal date speciiied i:l
the request for proposi:tls with respect to any opportunity for discussion and revision of
proposals. The award shall be made to the Msponsible offeror whose proposal ill
determined in writing to be the mogt advantageous to the stBte, taking intel consideration
the price and the other criteria set forth in the request for prc;posllls. The contract file
shall contain the basis o~ whicl'l the award is made.
(3) If an agency determines that the use of an invitation to bid or a request for a
~ro'posa' will .!"lot resu~t in ttle best value to the state, based on filctcrs lncludlng, but not
Iimlti~d to. prIce, qUllltY, deSign, and workmanship; the agency may pro<::ure commodities
and ,:ont!"~c:tual services by an invitation to negotiate. An ilgMt:y may proCur@
com ''T'lOdltJ8S and contractual $ervic:e~ by a request for a quote from vendors under
conti.act with the department.
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(4; 'When the purchase price of com 1'1odItie:S or contractuall5ervtces exceeds the
th!"e!:.hold amount provided in $. 28'1.QJ.I for CA-I!:GORY TWO, 1'10. pLJrchillle of
comrnoditles or contractual services may be made without reeelvlng competitive sealed
bids, competitive sealed proposals, or responses to an invltetion to negotiate or a reQu~st
for a Quote unless:
(a) rhe agency head determines In writing that an immediate danger to the public
l1l!!al":h, safety, or welfare or other submntial lO$;5 to the state requires .m4Irgency action.
Aftel the agency head rnl!kes such a writtt2n determiqation, the agency may procee~ with
the procurement of commodities or contractual services necessitated by the lmmedult~
dal"\~~er, without competition. HQweverr such emergency procurement shall be ma~e With
such cornpetit~on as is practicable under the circumstances. The agency snail furnish .
COpj1lilS of the written determinat1cn certified "'l'lder oath and any ether documents relatlflg
to the emergency action to the department, A copy of the statement shall be fumlshed to
the (:omptroller with me voucher authomlng payment. The individual purchase of
personlll clothing, shelter, or supplies which are needed on an emerQency basis to avOid
institutionaJi%latlon or placemilnt '" a mora restrictive setting is an emergency fur the
purposes of' this paragraph, and thefilii1g with the department: of suc;;h statement ir. not
req\.!ired in slJch circumstances. In the case of the emergency pl.lrch8se of in!uT"8nce, the
peril:)d of coverage of sue" insurance shall not exceed all perlod of 30 dsys, and al: sl.Jch
emergency purchases shall bll reported to the depilrtment.
(b) I>urchasing agreements ud contracts exel;uted by the department or by agencies
undler authority delegated by the department in writing are excepted from bid
reqliramentli .
(c) Commodities or car'ltrBctuII services available o11y from a single source may be
eXCE!'pted from the bid requirements if it Is determined that such commodities Or serV'iees
are !~vallable only from a single source and su<;h d'JterfT1ination is documented. However,
if such contriild: is for an amount greater tI"1ln the threshold amount provided in s.
mm for CATEGORY FOUR, tne agency head shall1'ile ill certification of conditions and
drcum!jtances with the ~epat'tment and shall obtain the prior approval of the department.
The failure of the department to approve or disapprove the request of an 8geney for prior
apPI'Oval within 21 days after receiving such request Or within 14 days al'ter rec;lving
front the agency additional materials requested by the department shall constitute prior
apj:lI'oval of the department. To the greatest extent practicable, but no later than 45 days
afte!. authori:i:ing the exception In writing, the department shall combine sil'lgll-source.
p!'oc:uremert authorizations for identical information technology resourceS for which the
purc:hase price exceeds the tl'lre.sl'!Old amount provided in i. ~8'.017 for CATEGORY
FOUR, and :shall negotiate end execute volume purchasing ogreem.nts tor such
pro~urements O~ behalf of the llgl!!nci\!!S.
(d) When it is in the best inte!"eSt of the state, the Secretarr of Management Services or
hiS or, hf:r designee may authQrize ttle Support Program to purc:l~a!le insurance by
negntlatlon, but sllch purchas~ shall be ml'Jde only under conditions most favorable to the
public interest.
I '''t
(e) Prescriptive assistive devices for the purpose of medicall develDpmental, or vocational
iEhclb1litation of clients are excepted from competitive sealed bid ~md oompetltive sei:lled
proposal reQuirements and shall be procured pursuant to an established fee schadule or
by any other method which ensures the best price for the state, taking Into consideration
the ,1eeas of tl"le cHent. Prescriptive assistive devices include, but are not limited to
prosthetics,. orthotics, and wheelchairs. For purchases made pursuant to this parag'raDh,
statl. agencIes shall annually file wlth the department ~ dl'!SCription of the purchases and
m~t!"ods of procurement. --..-..-,. -,. -
.'- .' ------ ' . .-..----
.,.,.~..., ---....--. ----------
((f) The fOlIowil'lQ contract~al services Utd commOdities are not subject to the competft~
\,~all~d bid reQuirements of this section: ,...---.-.------ -_..-/
-.....- --.~... --~,._.---~....... -_. ............-----.-...------
~of7
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1. Art~stic se.rvlces.
2. Academic progT1!lm reviews.
3. lectures by indIviduals.
4. Auditing services.
5. Lei~al services, including attOrney, paralega~, expert witness, appraisal, Qr mediator
services.
6. Healtl'l services involvIng examination, diagnosis, treatment. preyantlOI'l. medical
ccnslJltation, or administration.
7. $E:rvtces provided to persons with mental or p}1ysical dis.acilltles by not..for-profit
corporations which have obtained exemptions under the provi.S',ons of i. 501(c)(3) of the
Unjtel~ Stetes Internal R,evenufi Code gr wtlen such services are governed by tt'le
provil;ions of Office of Management and Budget Circular A-12.2. However, In acquiring
such '~ervices, the agency shall eonsider the ability of the: contractor, past performance,
willln !~ne!is to meet time requirements. and price.
e MI!edlcaid services delivl!red to an eligible Medicaid re~jpient by a healti'l care provider
who has not previously applied for and rec:erved a Medicaid proVider number fmm tne
Ageney for- Health Care Administration. However, this exceptloJl shall be valid for a period
not to exceed 90 days after the date of delivery to the Medicaid recipient and sl'lalloot be
renewed by the l!lgency.
9. Family p'i:Jcement serviO"..5.
10. Prevention services related to ment,,1 health, including drug ab1..l5e prevention
programs, child abuse prevention programs, and sheltBrs for runaways, operated by
nQt~fi)r-profit corporations. However, in acquiring such services! the agency shall consider
the a bility of the contractor, past performance, willingness to meet time reQuirements,
and price,
11. 'rraining and education sel"\lices provided to injured employees pursuant to s.
~40,"12.(1).
12. Contractsenrered Into pursuant to s. ~37 .11,
.~~'.. . . ."-'--'- .....,,'...-. ~
cE:_?ervices _~!_c~modities pro:!~id b~.~.~_v.e~me~~_~~r~e~)
(g) ':ontlnuing education events or programs that are offered to the general public and
for ~I'hlch fees have been collected thet pay all expenses associated with the event or
program are exempt from competitive sMled bidding.
(5) :If less than twO responsive bids r,;r proposals for commodity Or cont~actu;1 serviCQS
purclhases are received, the department or the agency mey negotiate on the best tl!.rms
and :"-'Ol1ditions. Tht agency snail document the reasons that such action is in tl'1e best
interest of the stat~ In lieu of resollcitmg competitive sealed bids or prOpoSalS. The aglilmcy
sl'lal! report all such iSctions to the department 011 a quarterly basis, in a manner and fO~'m
pre~;crlbed by the department.
(6) Upon IS5uance of any il1"i~tlon to bid or request for proposals. an agency shall
forward to the department one copy of e.ach invitatIon to bid Dr request for proposals fur
all t:m""lmodlty and contractual serviCes purchases I.., excess of the threshold amount
prOvided in $.lB7.017 for CATEGORY TWO. An agency shall alSO, upon f'equest, furnis.h a
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COP)" of all competitive: sealed bld or competitive sealed proposal tabulatIons. TtlEl OfIIIce of
Supplier Diversity may also request from the age.ncies any information submitted to the
depl!Htment pursuant to this subsectioM.
(7)(a) In order to strive to meet the minor1ty business enterprisE! procurement goal! set
fortl1 in s. 287,094.5.1, an lIgency may reserve "ny contract 'or competitive saled bidding
only among certified minority busine.ss enterprises. Agencies shall review all their
:::ontracts each fiscal year and shall determine which contraets may be reserved for
bjd'.in~ only among oo:-tified minority business enterprises. This reservation may only be:
used W,1en it is determined, by reasonable and objectIve means, befOre the invitation to
bid chat there are capable, Qualified certified minority buslr.ess enterpriMl available to
bid on a contract to provide for e1Tectlve competition. The Office 0' Supplier Diversity shall
consult with any agency in reaching such det@m"l!nation when deemed !Ippropri8lte.
(b) Before a contract may be reserved for bidd.ing only by certified minority business
entE.tTprises, the agency head must ftnd that such it! reservation is in the best intereits of
tl1esti!lte. All rieterminations shall be subject to s, 287.09451(5). Once ill decision has
beel' made to reserve a contract, bt.:t before sealed bids are reque.sted, the agency shall
estimate what it expects the amount of the contract to bet bued on the nature of the
services or commodities (nvolved af'1d their value under prevailing mi!lrket conditions. If all
the sealed bids received are OVI!l'" thIs estImate, the agency may reject the bids ctnd
request new ones from certified minority business enterprises, or the agency m~y reject
the blds and reopen the bidding to all eligible quali~ed bidders.
(c) All a~encie5 shall consider the use of price p11!!~rence!l of up to 10 pen:ent, weigl'lt8d
preferen=e f1:.rmulas, or other preferences for contractors as determined appropriate
pUT'HUant to guidelines established In accoroar1ce with s. 2~7.09451(4) to increase the
partidpation of minority business enterprises.
(d) All agentie~ l;hall avoid an)! undue ccnc:entration of contraCtS Or purchases in
cate'gcries of commodities or contractual services in order to meet the minority bush"lfllSS
entE~rprise purchasing goals in s. 2197.09451.
(8) Art agency may reserve any contract for competitive sealed bidding only among
qua ifled bidders who agree to utilize certified minority busine.qs enterprises as
subr:ontractors or subvelldol"S. The pel"Centage of funds, in terms of gross contrac:t amount
~nd ~"enues, which must be expended with the. certified minority business enterprise
sub<:ontractor!l and subvendors shall ':)e determined by the l!Igency before such contracts
ma) be reserved. In order to bid on a contract 50 reserved, the qu~lified bidder shall
idertify those certified minority business enterprises whlctl will be utjli%ed as
subeontraaQI'S or swbvendors by sworn statement. At the time of performance or projeC'i:
completion, the contractor shall ""part by sworn statement the payments llmd compll!Jt:lon
of work for all certified minority business enterprises used In the contract.
(9) An agency shall not divide the procurement of commodities 0... contractual services 50
as tc avoid the requIrements of subsections (1), (2), and 1(3).
(10) A contract for commodities or contractual servfces may be awarded without
competItion If lOtate or federal law prescribes with whom the ~genc;;y ml.lliit contract or if
the :'ate of payment Is established during the appropriations process.
(11) :ftwo equal responses to an invitation to bid or reQuest for proposals are received
~nd one response is from a oertifjed minority business enterprisel the agency shall enter
Into a contract with the certified minority business enterpri5e.
(12) I:xtension 01" a contract fur contractual selV'ices shall be In writing for a period not to
~xceed 6 month.s and shaH be subject to the same terms and conditions ~et forth in the
Inltlul contract. There shall b~ only one extension of a COMraC\: ul'\l~S. the failure to meet
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the criteda set forth in the contretct for completion of the contract IS d\le to e~nts beyond
the centrol ofthe contractor.
(13) ExcePt for those contratts initia1\y ~l"OCl,lred p\Jl'Suant to 2p~ragraph (3)(a) or
Jparagraph (3)(c), contrects for commodities or contractUal services m"y be renewed on
a yea r1y basis for no more than 2. years or for a period no longer than the term of the
original contract, whichever period is longer. Renewal ot a contract fol" commodities or
contri~ctual servi~ shall be in writing end sha\l be subject to the sam!!! terms and
conditio".s set forth In the initial contract. If the commodity Or" contractualgervice is
purcl'i1ased as a result of the solicitation of hidsor proposals, the cost of a.ny contemplated
rene1Nals shall be In<;;luded in the invitation to bid or request for proposal., Renewals shall
be contingent upon 5stisfactoT'Y performance evaluations by the agency.
(1.4) ~or each contrac:tuai servic.es contract, the 8geney shall designate an emplO)/eeto
function as contract manager who shiJll be responSible for e~forclng pel"f9rmance Of the
contract termS at'ld conditions and serve as a liaison with the contractor. The agency shall
estatl1lisl1 procedures to ensure that contractoal servlces have been rendered in
2lCCOl'd8n<::e witl'l the contract terms prior' to processing the invoice for payment.
(15) EaCh agency shall designate at lellst one employee who shall serve as a contract
administrator responsible for maintaining a eontract fHe and financial infOrmation on all
contl'actual services contracts and who shall ser\'e as e ltalson with the contract managers
and the depi!lIrtml!ll"lt.
(15) Fur requl!sts for proposalS, a selection team of at least three amployees who have
experience and knowledge in the program a~as and service requirements fOr which
contl'Sctual st!rvlces are sought shall be appointed by the agency head to aid in the
~e1ec::tion of eontractors for contracts of more than the threshold I!Imount provided in s.
~8' ,'lll.7 for CATEGORY FOUR.
(17) No person wM r'ecelves a contract whic::h nl!ls not been procured pursuant tQ
5uOsectigl1 (1), subSection (:2), or lsl.Ibsection (3) to perform a teaslblllty study of the
potantl;ll Implementatlon of a subsequent contrllctr partidpating in the dnlftl"9 of an
jnviti~'Cion to bid or requl!5t for pro"osals, or developing a program for firtUre
implementation shall be e.ligible to contract with the agancy for any other contracts
deelling with that specific subject rr.atte"; nor shall any firm in which sLlch pel'lon has any
intel-eSt be eligible to receive such contract.
(18) each agenCY shall establish a review and apprvvel process for "II contractual
services contracts costing mote than the tnreshold amount provided for In s. ~1.017.. for
CAiiE:GORY THR.ee which shall inr:hJde, but not be limited to~ program, financial, and legal
revil~w and approval. Such reviews and approvals stlall be. obtained before the c::ontraet Is
eX5l:uted.
(19; The department may estl!lblish state contractual service term contractS. Such
contracts may be utilized Oy any eg.eney, county, municipality, or 10clII public agency.
(20) 1" any procurement that is accomplished wIthout competition, the individual!! taking
pari. in the development or selection of criteria for evaluation, the evaluation precess. and
the ,award process sMtI attElSit in writing that they are independe,.,t ot', and have 1'\0
con,'ict of interest in, the entIties Qva!uated and selected.
(21.1 l\kJtMing in thiS section shall affect tl'"1e validity or effect of any contract in existence
on October 1, 1990.
(22) A.':1 agenc:y may contra~ for services with any independent~ nonprofit college ur
unIversity which IS located within the itate and Is accredited by the Southern Assodation
2/1 Sr'02 11:4" ;..:M.
S <:ti7
O:i/ 15/ 2005
16:30
9'242294105
FIiJG
PAI~E lj-;
sse 487 0041
P,~lB
~qR"31-2004
12:013
FL I ~~ST JF fJOlJT
of conog.s and Schools, on tno ..",. b's:s .s It ",.y con...'" with al'iY institut'M in tne
state IJniversity System.
(23)(ocj TM State Teamology OflIoo .haU d""olop a program far on-linO PM""",,,,Ont of
eomrl"loditleiiii and. contrectual services. io l!!liaDle the state to promote open COn"lpetitio.n
and tc:1 laverage its buvln9 power, executive state agendes snail participate 1n the on-1U'le
p,ocurement proQ,"m, and .,u,er agonci.. may participate in the pnlgram. Only bldde..
prequalit'ied BS meeting mandatory requlrQmerlts l!lnd qualifications crlte.rla shell be
permitted to partidpete in on-line procurement. The state TecI1nology QftIce may ccntr,",t
for ee:uipment and services neeeS$31ry to deve10p and implement on-line procurement.
(0) l'he State Technology Office, in consultation with th@ department, shaH adOPt rules,
purs~!ii!lnt to 5S. 120.535(1) and 120.54, to implement the program for on-line
proC\ilrement, lhe rules snall inc.hJde, but not be limited to:
1. Dletermining the requirerneTlts and Qualification criteria for prequallfylng bidders.
2. E~tabliahing the procedures for conducting on-line proc.urement.
3. Establishing the criteria fQr eli9lb1e commoditieS and contracl:ua! services.
4. Estat;)lishing the procet.lures for providing access to ol'l-lioe procurem~nt.
S. C:etermining the criteria warranting any e)(ceptlons to pertiCipation in tJ11! on-line
procurement program.
(c) rhe Departml!!nt of Management Services and tt1e State Technology OffIce may collect
fees for the lJsf: of the on-line procurement systems. The fee! may tle imposed on an
indi'tldual tra.,saction basis or as a fixed percentage of the cost sa"ilngs generated. At a
rnin;lmum, the fees must be set in ~n "mount sufficient to cover the projected costs of
SUC11 services, including administrative and project service costs In accordance wit" thfl
policies of the Department 0' Management Services and the State Technology Office. For
ttle purposes of compensating the provider, tt1e department may authorize the provider to
colt~et an~ retain a portion of the fees. The providers may withhold the portion retained
frotl'l the amount of fees to be remitted to the department. The def;Jartment may negotiate
the retalnlilge as . percentage of such fees Charged to users, as a flat amount, or a. any
othi!':f method the department deems feasible. All feeS and surcharges collecteri under thi!i
paragraph shall be deposited in the Grants and Oo...ation Trust Fund as provided by law.
(24)(2) The .5t.ate Technology Office !hal.1 establish, in cOMultation with the department.
!rt:a~e strategic Informat!on technology elhances for the acquisition and LIse of information
teci~nol?gy an~ related material with prequalified contractors or partners to provide the
stal,e with effICient, cost-effective, and ac!vesnced informatIon technology.
~b) In co.nsultatlo.1'1 with and under contrac:t to tM State Technology Office, the state
S~ll~~ic Info~f1tlon tachnology alli'ilnces shall design, develop, and deploy prOjectS
p (Itd~g the: lnfOrma~lon technology r'leedecl to collect, store, and process the state's data
amI ~n _rmat~on, proVide connectiVIty, and Integrate and standardize computer networkt
am, lnl""rmation systems of the state.
~ld~: ~~~;~~~~~:r:t~~~~~~I~ng~ l"ftO!matio~ technology alliances shall be Industry
... ......... In ne public and prlvate sectors,
(d) The State Techr1ology Office in cons ltat! .
SeIV!(.:ti'.oS, shall adopt rules urs~ant u on with the Department of Managemant
state strategic Informati~"' t~hnO'og~Oa~~~r~~:536(1) and liO.~ to Implement the
Hhit:ary.--s. 1, ch. '78-4; s. 2, c:h 80 206
- ; s. 4, c::n. 80--374~ s. j, ch, 82-121; S. 9, ch.
5 cf 7
2:15102 W.7 AM
05!lS!2005 15:30
'354.22'341 ::15
F':: DC,
F'i~(:!E 0:::
~~lR-31-20e4 12:00
FL iNS1 OF GOJT
8521 487 0041
i:).09
82-196, s. 3, ch. 83-99; 5, 3, en, 83-192, 5, 7; en. 86--204; S. 9, en. 88-384; s. 1, ch.
89-371; s. 17, ch, 90.268; 5.8, ch. 91r162; s. 251, ch. 92-2,79; 5.55, ch, 92-326, S. 7/
ch. 93-161j s. 11, ch. 94<~22; s. 869. c!",. 95-148f s. 6, ch. 96-2.36; s. 30. ch. .97-153; s.
82./ ch. 98-279; s, 11, ch. 99-4; $. 50, ch, 99-8; s, 45, ch. 99-399; 1;.33, ch, 2001')-154;
s. 11, en, 2.000-286; s. 56, c.11. 2001-61; 9. 4, ch. 2.001-2.78.
lNot.:~.--Redeslgnated as subsectlol'l (4) by s. 4, ch. 2001-278.
2NotA".--Ftedesigl'l8ted as paragraph (4)(8) by $. 4, ch. 2.001-278.
3Not/,;s.--Redesignated as paragraph (4)(c) by s. 4, ch, 2001-278.
,i~,i;;,:J;C.&i:,;:J~ .... ',' .S' ~. .". \.;i~":'i ""'" '. ,./;l
Disclaimer: The information on this systefl'l is unverified. The journals or printf!d bills of
the respect:tve I,;hambers should be consulted for official purp09e5. Copyright @
2000-2001 State of Florida, ~nt.zlct u.s..
Prrvac=v State.Jmlnt
.. gf"
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March 27, 2002
rierb l.angston, E!squirs
uaMgmton. Hess. Bolton, Zl'Icsko, and Helm, PA
111 ~:;outh Maitland Avenue
Maltlar"'d, Florida 32794..5050
Re: proposed Contract with Florida institute of Government (lOG)
~entVjI5acsirT11~ and b'll U,S, Mail
Oi~r Herb;
Yau cU!<ed this office to researeh whether tt',e City of Maitland can enter into I c.ontractwith lOG
wl11101Jt the neclualty of letting tl'\e contract out fclr bid under the competitive bidding process
est8r..Hshed by statute. It is our opinion that the City may enter into a CQntract wtth lOG end
need not foliow the statutory competitive biddIng requIrements. Moreover. the proposed
contract Is an interlocal agreement underChapier 163, Floridi Statutes, which agrilements do
net neve to competitiVely let out for bid.
Chapter 287 of the Florida Statutes relates to the procurement of personal property and seNlces
by 9'oV'ernmental entities, Part I of Chapter 287 consists of the State Purel1asing Law
(~21J7012~2e7.045), the Consulta'1ts Compet1tive Negotiation Act{ ~ 287_055), and a special
section requiring cities to award by competitive bidding for contracts witn amounts greater then
$25,1)00 ( ~ 287.057). Each slI!dion wr.Mll'1 C~a~ttr 287 d~fine$ 'lagency'l in a different manner.
The ::3tate Purchi'!sirg LiMi sets OLlt eomoetjtive blddin9 reql.liremenl.S for the State cf Florida Md
dce~ not inc.lude local government entities, However, the Consultants' CompetitiVe Negctlation
Act c'loes Include locel govemments Md cities, as does ~ 287.C57.
The ConsulUllnts' Competitive Ne~otiaticn Act (CCNA) app!les only to the "acquisition of
profe~'ssional archite-ctural, engineeringj '~ndscapi!'l9 arc:hitectural, or surveying and mappir'\g
serv1ces," as seen by the title of that sectron. CCNA, therefore. wou!d !"lot apply. Eve,.,
tMu:~t', S 267.057 does re<1uire competitive b;dding for mervices. its statutgry threshold amour'! t of
$25,:JOO makes it rnapplicatl:e to the proposed contract with 100. However, even if tne City
were, requIred to follow the mandates of ~ 267.0571 the stO!!tvte specifically exempts services or
85/15/2805 16:30
.-" -' ,.--
'35422941 D:J
,::fJ'3
850 487 004i
OAGE '.,'
i-' . l. <i
liFf(-.31-2,1\a4 12: 0:.
FL ; NST OF GQl..iT
Mr. Herb LanGston. t:591Jire
Mareh ~7. 20\.12
Pag! 2
comm.:dit',es provided by ~O\lernmente\ agenQie$. Floridll Statu~e 287,057(4)(f) 13.
Ul'1questionably, lOG 1s a govemmental ager"cy; itwas established by the l8~lature under the
'll"1stitde of Govemment Act of 1879~ within the State University System (He 469).
The city alao has 8utt1orltyto enter into e eontfactwith lOG undtrFlorlda Statute Hi3.01, known
as, the: "Floridl!llntar:ocai COQperiilt:on Act o~ 1969." Ul'\clerlhat Act, public age"'cieaere defined
as agl~ncles of this State incll.lgl~cl, cu~ oot limited tQ.. (emphasis added) state govemment,
cQunty, city, 50\1001 district, etc. Both the City and lOG qualify as pUbl1c Igenc.ies. Uncfef the
Florid:! 1nterlocal Cooperation IvJt, 8 public agency may exercise jointly w;tI'I an)' other publlO
agenc,y any power f'r'ivllege, cr authority which sue" agencies snare In Qommon and which each
might exercise separatet{, Florida Statute , 63.01 (4).1 Since the subject matttr of the
proposed contract with lOG hat a valid public purpose whloh tlie City could perlorm, then the
work i''I'1ay be pertormed rJY lOG, 2/'1otMr public agency.
You asked whether lOG would be prohibited tJy any !egal autrorityfrom feipondin9 to a reql.le;;t
fer III bid ',i the City wer~ 10 foi:OW the competitive bidd\l'I.g proeess. We could frnd noegal
af.llnorltywnich would prohibit lOG from responding to a request fer I::id. However, the Director
of lOG at tne University of Centrai 'C'loridi!l told this off:ce that a$ a matter of practice, lOG does
not r"fi,spond to such requests since 'OG ger1E1rally d,sfavors ~mpatinQ With th. priVate seetoi.
If )Io\.! have al'lY questions or require further info rmat!on, please 00 not hisitate to contact U~.
Very truly YOLlrs.
STEt~STROM McINTOSH. CO\.BERT.
WH!~:~HAM & SIMMJ9NS/' P.A. d
.;/. " I .../ .
r.~(j~~~,~/
Vjrgii"~asSQdY, t:$quire
Assi!itart City Attorney
City "f Maitland
VC/ce:s
1:\\IC'J 001 \;.II;1III"rlel\:"IP'!.. mm. !lllCe;'\L.elier'\~lr 10 i.~M5!on.IlNJ~. c~l'IJ..el,wllt
_... .._-.........11I
1 ih;~ sec;;on of th~ Acl has not beEn con,~r:..ted t~ require t"st both publlc enUlies of in Inter1OCIl'
~grel;~"n. mU,at J()lntJY "erform. A county" for instancll!. may eMtar Into an agrel;m'1er1t with In. CIty
!\fher.oy the Cll~ would j)r)Yfde flT$ protl!oCtlon lc !On'lQ portion of the un1rcorponated tert."itory of the
Court:r Op. Atly GO/'l. Fla. 74-30"'. . .
, , ~,
TO'f.L P.10