The State Statue that allows the City to bypass the competitive bidding process is not working for St. Petersburg.
St. Petersburg, Fl
Opinion by: E. Eugene Webb PhD
Author: In Search of Robin
So far, it
has gone unnoticed that the engineering contractor/consultant selection process
that resulted in the current St. Pete sewage mess was the same flawed process
used to select the New Pier over the public's choice. See my Post
The Pier Park Decision An Epilog.
Once
the Kriseman Administration put forth the process in Title
XIX Chapter 287.055 and Council agreed to letting the Administration
set up the selection committee the die was cast. The head of the committee was
preset by the Statute and the outcome was almost completely assured; the inverted pyramid was coming down.
Then Public Works Administrator, Mike Connors, who by statute
was in charge during the process and knew it well drove the selection committee
to his, and the Kriseman administrations desired out come for the New Pier.
This Statute when properly administered and executed is
designed to reduce time, cost, and produce desired outcomes.
It is also subject to significant abuse as we saw in the Pier
selection process and now in the ongoing St. Petersburg sewage crisis. The
process is easily manipulated to favor certain contractors and consultants and
places an inordinate amount of unchecked power at the hands of the
administrator of the statute.
As the
demolition of the Pier has dragged on for almost eight months beyond schedule,
and the actual plans for the new Pier Park shrink, flaws of the process that
got the City to this point will begin to show up.
The Kriseman
administration is sending some muted signals that things are in trouble as they
begin casting about looking for sources of revenue to provide amenities that
were in the original design.
Daniel Ruth
has an interesting opinion piece in The Tampa Bay Times: Daniel
Ruth: Imagining a Trump for St. Petersburg's Pier.
Amy Foster, City Council Chairperson, and the rest of City Council
would be well advised to cast the net of their independent review to include
the total application of Title
XIX Chapter 287.055 since that is the process that will be used for
the Police Complex, subsequent Pier contractors and equipment selections and
all contracts related to the sewage crisis.
While the official title of the Statute is "Procurement
of Personal Property and Services" in Section 1, the short title is
"Consultants Competitive Negotiation Act" or CCNA, which is very
misleading as the process is used for many things other than picking
consultants.
In fact, City Council should begin by asking in the last five
years what Services and Personal Property have been acquired using Chapter 287
Procurement of Personal Property and Services, who made the decisions, what
contractor and vendors were selected.
When I was with the City, the Engineering Department would
constantly push this Statue as the way to acquire services, contractors and
equipment. The objective was to take the procurement away from purchasing and
the competitive bid process. If as a department manager or director, you
agreed, which I rarely did, the internal engineering fees ate up any savings
and the project was usually over budget and behind schedule.
City Council has taken a good step in reducing the level of
required approvals by City Council from $100,000 to $50,000, but it will not
help because consulting contacts will simply come in at $49,995, and the scopes
will become smaller resulting in more but smaller awards and lots of change orders.
Without stringent controls and over site, the CCNA process as it is will morph into a different form.
E-mail Doc at mail to: dr.gwebb@yahoo.com or send me a Facebook (Gene Webb) Friend request. Please comment
below, and be sure to Like or share on Facebook.
See Doc's Photo Gallery at Bay
Post Photos.
Disclosures:
Contributor: Bob Gualtieri for Pinellas County Sheriff , Patrick Murphy for US Senate, Charlie Crist for Congress
Contributor: Bob Gualtieri for Pinellas County Sheriff , Patrick Murphy for US Senate, Charlie Crist for Congress
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