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Agenda Plus
School Board of Clay County
April 6, 2023 - Regular School Board Meeting
Title
D5 - Public Hearing to Approve as Advertised Amendments to School Board Policy 6.01 (B)1(a), Annual Architect/Engineer Selection
Description

Florida Statute 287.055 (2)(g) states that a "“continuing contract” is a contract for professional services entered into in accordance with all the procedures of this act between an agency and a firm whereby the firm provides professional services to the agency for projects in which the estimated construction cost of each individual project under the contract does not exceed $4,000,000.00, for study activity if the fee for professional services for each individual study under the contract does not exceed $500,000, or for work of a specified nature as outlined in the contract required by the agency, with the contract being for a fixed term or with no time limitation except that the contract must provide a termination clause. Firms providing professional services under continuing contracts shall not be required to bid against one another."  

Current Board policy limits us to $2,000,000.00. This is inconsistent with current Florida Statute 287.055 (2)(g) and based on current market conditions is an unrealistic figure creating significant delays in carrying out Board approved capital projects in the Educational Facilities Plan. The limit should be consistent with project cost limits established in Florida Statute 287.055 (2)(g). The recommendation will require an amendment to CCSB Policy 6.01 (B)1(a).

Gap Analysis

CCSB Policy 6.01 (B)1(a) is not aligned with current project cost limits established in Florida Statute 287.055 (2)(g). CCSB Policy 6.01 (B)1(a) limits project costs to $2,000,000.00. Florida Statute 287.055 (2)(g) has established the current project cost limit at $4,000,000.00. CCSB Policy 6.01 (B)1(a) needs to be amended with language that aligns our project cost limit with “projects cost limits established in Florida Statue 287.055 (2)(g)” to eliminate the need to amend Policy 6.01 (B)1(a) as Florida Statutes are subject to change. 

How does this impact us? When capital project cost estimates come in over the local policy limit of $2,000,000.00, often the architectural/design services (continuing contract) that are required for capital projects are rendered useless and it is problematic. Local policy requires us to start over with advertising for professional services (architectural/design, engineering, etc.) and bid the project accordingly. This results in a minimum delay of three to four months and impacts our ability to execute Board approved capital projects. Aligning our policy to be consistent with Florida Statute would allow capital projects with cost estimates up to the statutory limit to be executed more efficiently. 

Previous Outcomes

Board approved the limits to align with Florida Statute 287.055 (2)(g) up to $2,000,000.00 in 2019.

Expected Outcomes

By amending the current policy to be consistent and comply with language established in Florida Statute 287.055 (2)(g), Board approved capital projects up to the statutory project cost limit allows for projects to be executed in a more efficient and fiscally responsible manner. Florida Statutes are continually subject to change;  therefore, aligning local Board policy to be consistent with project cost limit language established in Florida Statute 287.055 (2)(g) will eliminate the need to amend local Board Policy 6.01 (B) 1(a) associated with Annual Architect/Engineer Selection.

Strategic Plan Goal

Ensure effective management of the organization, operations, and facilities to maximize the use of resources and promote a safe, efficient, and effective learning environment for Clay County students.

Recommendation

Approve as advertised the amendments to SB Policy 6.01 (B) 1(a) - Annual Architect/Engineer Selection as recommended per Florida Statute 287.055 (2)(g).

Contact
Dr. Michael Kemp, Director, Facility Planning & Construction, (904) 336-6824, michael.kemp@myoneclay.net
Bryce Ellis, Assistant Superintendent for Operations, (904) 336-6853, bryce.ellis@myoneclay.net
Financial Impact
None.
Review Comments
Attachments
section-601-b1a-revision-1-1 (1).pdf
notice-of-approval-to-adv-policy-601-docx (1).pdf