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File #: 2024-16863   
Type: Consent Status: Agenda Ready
File created: 10/4/2024 Meeting Body Board of County Commissioners
On agenda: 10/15/2024 Final action:
Title: Request Approval of First Contract Amendment for Task Order: 23Q-087-TO-14 Evaluation and Appraisal Report and Planned Service Area Study and to Approve Waiver of Conflict for Richard Busche and Gene Losito - Kimley-Horn and Associates, Inc., Ocala, FL (Budget Impact - Neutral; additional expenditure of $42,740)
Attachments: 1. 23Q-087-TO-14 (CA-01) AGN CNT, 2. TO- 14 EC, 3. Form 4A - Richard Busche, 4. Form 4A_Losito, 5. Revision packet

SUBJECT:

Title

Request Approval of First Contract Amendment for Task Order: 23Q-087-TO-14 Evaluation and Appraisal Report and Planned Service Area Study and to Approve Waiver of Conflict for Richard Busche and Gene Losito - Kimley-Horn and Associates, Inc., Ocala, FL (Budget Impact - Neutral; additional expenditure of $42,740)

Body

 

INITIATOR:                                                                                                                              DEPARTMENT:

Susan Olsen, Director                                                                                    Procurement Services


DESCRIPTION/BACKGROUND:

On April 14, 2024, the Board awarded a Task Order to Kimley-Horn and Associates, Inc. (KHA) to provide professional consulting services to prepare the Marion County Evaluation and Appraisal (EAR) as mandated by Florida State Statutes Chapter 163, and a Planned Service Area (PSA) study. Due to changes that need to be implemented to Land Development Code (LDC), the attached proposal is being presented today for approval. The scope of work of said proposal includes LDC updates, coordination, and meetings.

As KHA staff, Richard Busche and Gene Losito, are also current members of the County’s Land Development Regulation Commission and have submitted the attached Conflict of Interest requesting a Waiver under section 112.313(12), Florida Statutes.  Section 112.313(3) and 112.313(7), Florida Statutes, prohibits certain business relationships on the part of public officers and employees, including persons serving on advisory board. However, section 212.313(12), Florida Statutes, allows the conflict to be waived in a particular instance by the body appointing the person to an advisory board, upon full disclosure of the relationship constituting the conflict and affirmative vote in favor of waiver by a two-thirds majority.  The waiver, if granted, would permit both Mr. Busche and Mr. Losito to continue to serve as advisory board members of the Land Development Regulation Commission and allow KHA to engage in professional consulting services for Marion County. 

Attached for review is a draft of the contract amendment. Pending approval at today’s meeting, it will be sent to Kimley-Horn and Associates, Inc. for signatures. Once returned, the contract will be routed for appropriate County signatures.

 

BUDGET/IMPACT:

Neutral; additional expenditure of $42,740, bringing the total value of the purchase order to $285,690. Funding comes from AA320515-531109 - General Fund.

 

RECOMMENDED ACTION:

Recommended action

Motion to approve the contract amendment and allow staff to issue the contract and upon approval by Legal, authorize the Chair and Clerk to execute the contract under 23Q-087-TO-14 and to approve Waiver of Conflict under Section 112.313(12), Florida Statutes for Richard Busche and Gene Losito.

end