9:12 PM (11 hours ago)
I am unable to determine from your answer if you followed poor advice regarding those ‘procedural mis-steps’, OR if you received good advice and rejected it.
Accordingly I would ask 2 further questions.
- Exactly what advice was given by the City Attorney and by Mr. Flagg regarding the methodology followed in the RFQ prior to its release.
- Exactly which design were you attempting to get ‘signed and sealed after the fact,’ AND WHY would the City as owner of the YMCA building be relying on designs prepared by other than a licensed design professional able to sign and seal his or her own designs in the State of Florida ??
Offering to accept responsibility for these ‘procedural mis-steps’ is neither a noble gesture, nor is it what taxpayers need. What is needed is a comprehensive understanding as to why the missteps took place in the first place. It is one thing if the answer is that City Attorney’s and Mr. Flagg’s understanding of State Statute was horribly wrong in this instance.
It is another thing altogether however if their judgment was overruled by the Mayor or former Manager in their enthusiasm to cram and jam what they believe is best for City taxpayers, AS THEY DID with the $ million dollars that was wasted on operating the Gamble property several years ago because they knew what was best for the rest of us in that instance also.
The speed with which this half baked proposal has advanced, and the lack of deliberative attention to detail, in both the questionable RFQ design and the equally questionable pro-forma financials, betrays a secret understanding reached by the Volusia Flagler YMCA and a hidden hand — that this proposal was going to go through on the nod.
I hope you will enthusiastically provide the disclosures necessary to allow all of us to understand where exactly those ‘mis-steps’ occurred.
From: Kisela, Greg [mailto:gkisela@port-orange.
Sent: Tuesday, October 29, 2013 8:01 AM
To: Ted Noftall; City Council
Cc: DeptHeads; ‘Teresa Rogers’; firstname.lastname@example.org; Cinefro, Tom; Flagg, Frank; Barnes, Chris; Fenwick, Robin
Subject: RE: Plans Stamping By Any Other Name l
The YMCA in 2012 prepared a schematic design and cost estimate to expand the Port Orange facility. Those renderings and documents were shared with the elected officials in late 2012 and early 2013 to start the conversation on modifying their lease. In July, the City Council referred the financial review of the YMCA to the Audit and Finance Board for their recommendation. They also authorized the release of the design build request for proposal (RFP). I tasked Public Works, specifically Frank Flagg, to finalize the design package. Mr. Flagg as a licensed general contractor has responded to many RFP’s and solicitations for design build as well as traditional bids for projects. Mr. Flagg worked with City and YMCA staff to prepare the package. Included in the package was the schematic design prepared earlier by the YMCA and other components necessary for the proposers on the RFP to submit for this project. After the RFP was released the City Attorney advised me that the competitive consultant negotiation act required the RFP package to be signed and sealed by a licensed architect. We retained an architect to accomplish that requirement. Subsequently we were challenged that the packaged needed to be signed and sealed before the release of the RFP and determined if was in everyone’s interest to cancel the RFP. I accept responsibility for these procedural missteps.
If the City proceeds with an expansion or renovation of the Port Orange facility we will be in privity with a properly licensed design professional and builder. The design build team selected will prepare the necessary design documents for permitting and construction. They will be held legally accountable for meeting the codes and requirements to build or renovate the facility. Although the RFP package maybe the starting point for the plans and specifications the final documents will contain detailed design calculations necessary to permit and accomplish the project.