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Sec. 18-117. Economic stimulus awards and agreements.
(a) This section, to be known as the economic stimulus awards and agreements, is intended to
provide an expedited process to award contracts related to certain capital construction
projects, identified in attachment "A" or by city commission resolution, with the express
purpose of stimulating the local economy.
(b) The expedited process set forth herein, shall be applicable to the processing, design, and
construction of capital improvement projects identified in attachment A. The city commission
may, from time to time, by passage of resolutions, add or delete projects from the list of
economic stimulus projects to which this section applies.
(c) All actions taken under this section shall be subject to review by the office of strategic
planning, budgeting, and performance to ensure funding is available for each project.
(d) Notwithstanding any other provision of the City Code, including, without limitation, the city
procurement ordinance, to the contrary, the city manager or his/her designee shall have the
following authority only with respect to the identified economic stimulus projects:
(1) To appoint evaluation, selection and negotiation committees to obtain professional
services as defined by and in accordance with F.S. § 287.055 ("The Consultant's
Competitive Negotiation Act or CCNA") as amended, eliminating the requirements of
subsection 18-542(12) requiring that the majority of evaluation committee be from the
public, and provided that each such committee should contain, whenever possible,
representation from the user department.
(2) To issue bid and proposal documents including addenda thereto.
(3) To receive, open, review and evaluate bids and proposals.
The city manager may award and execute contracts including professional services
agreements and construction contracts in accordance with F.S. § 255.20 ("Local bids and
contracts for public construction works") as amended, without city commission approval and
issue the notice to proceed on each where:
(1) The award value of the contract has been reviewed approved by the office of strategic
planning, budgeting, and performance;
(2) The value of the recommended award does not exceed the estimated cost of
construction by more than ten percent;
(3) At least three bids are received from responsive and responsible bidders;
(4) The contractor or professional services firm receiving the award is in good standing
with the city including but not limited to having no outstanding debts to the city and
proves demonstrated acceptable past performance;
(5) The contractor has submitted required insurance, bonds, affidavits, and
documentation required by the solicitation; and
(6) None of the bidders or proposers have timely filed a bid protest.
(f) The city manager shall submit to the city commission, on a bi-monthly basis, a listing of any
contracts including the names of the firms, the names of the projects, and the amount of
compensation of any contracts the city manager has awarded under this section.
(g) Excepting for the execution of contracts, the city manager may delegate his or her duties
under this section to the director of the capital improvements programs, the chief
procurement officer or the administrative head of the user agency. All contracts awarded
under this section shall be in a form acceptable to the city attorney.
(e)
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(h) Contract contingency allowances of ten percent for economic stimulus projects will be
utilized to minimize disruptions in the flow of the work. Change orders will be submitted for
city commission approval if they increase the contract contingency as set forth herein. Such
change orders will include a report on the draws against the initial contingency.
(i) This section shall sunset upon completion of the approved list of projects, as may be
amended unless this section is earlier repealed by the city commission.
(Ord. No. 13045, § 2, 12-11-08)
Editor's note —
The attachment referred to in this section is not set out at length herein, but is on file in the office of
the city clerk.
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