Palm Beach County Schools - Rated A by the Florida Department of Education 2005-2010 www.palmbeachschools.org Purchasing Department Achievement of Excellence in Procurement Award The School District of Palm Beach County is an Equal Education Opportunity Provider and Employer http://www.palmbeachschools.org/purchasing/documents/equity_coordinators.pdf THE SCHOOL DISTRICT SHARON SWAN JOSEPH M. MOORE OF PALM BEACH COUNTY, FLORIDA DIRECTOR CHIEF OPERATNG OFFICER Construction Purchasing Department 3661 Interstate Park Road North, Suite 209 Riviera Beach, FL 33404 Phone: (561) 882-1949 Fax: (561) 434-8655 www.palmbeach.k12.fl.us/bids/construction May 19, 2011 Certified Mail. MPA Architects, Inc. Attn: Rick Logan 1801 Centrepark Dr East, Suite 175 West Palm Beach, FL 33401-7401 Dear Mr. Logan, This letter is provided as notification that on May 18, 2011 the School Board terminated, without cause, the Agreement between The School District of Palm Beach County and MPA Architects, Inc., for Riviera Beach High School, 02-MMM, Project No; 3851-8291, as allowed by Article 8, Paragraph 8.6 of that Agreement. A copy of the Board Agenda item is attached to this letter. This letter further notifies you of certain rights that your firm may have should your substantial interest be affected. You shall have 21 days from the date of receipt of this notice to request a hearing pursuant to Rule 28-106.111(2), FAC. If a genuine issue of material fact is in dispute the affected party seeking a formal administrative hearing on the action of the School Board, which does or may determine their substantial interest, has the right to file a petition for a formal hearing. If there are no issues of material fact in dispute the affected party seeking an informal administrative hearing on the action of the School Board, which does or may determine their substantial interest, has the right to file a petition for an informal hearing. In the case of either an informal or formal hearing, petitions must substantially comply with the requirements of Rule 28-106.201(2), FAC, a copy of which is attached to this letter. Additionally, School Board Policy 6Gx50-4.101 shall apply, a copy of which is attached to this letter. Pursuant to Section 120.68, Florida Statutes, a party that is adversely affected by a final School Board action may seek judicial review of the School Board s final action by filing a Notice of Appeal pursuant to Florida Rule of Appellate Procedure 9.110 in the Florida District Court of Appeal and file a second copy of the Notice with the School Board Clerk within thirty (30) days of rendering of the final School Board action. This letter should not be construed as legal advice but rather is provided as a notice of rights to advise you of certain proceedings outlined in Chapter 120, Florida Statutes. You may wish to consult an attorney regarding your legal rights. Sincerely, Sharon Swan, Director Purchasing Department Attachments: Board agenda item Rule 28-106.111(2), FAC Board Policy 6Gx50-4.101
May 18, 2011 Purchasing/Construction: CP-10 Riviera Beach High School, 02-MMM, Termination of Architect Agreement Description: Funding for construction of this Project is not available; therefore Architect Services are no longer required. As allowed by Article 8, Paragraph 8.6 of the Agreement, the Owner may terminate for convenience. The District is required to pay for Architect Services rendered to the effective date of termination. This is a brief synopsis of the services performed for MMM Riviera Beach High School by MPA Architects, Inc.: 1. Prepared master plans and site plans for the original Harbor site adjacent to the port of Palm Beach. Two alternative schemes were provided. 2. Revised the site plans for same when alternative property solutions were developed. Three alternative schemes were provided 3. Prepared master plans and site plans for another site adjacent to Martin Luther King Blvd. and Congress Avenue. Eight alternative schemes were provided. 4. Prepared master plans and site plans for the school to be located on the old Suncoast High School Site. The Master Plan was revised three times to provide alternative academic programs. 5. Visited several High Schools and Palm Beach Community College, Central Campus to investigate Career Academy options and best practices examples for same. 6. Provided general consultation and corresponded with School District staff for various options during the course of eight years. Recommendation: I recommend the School Board approve the termination of the contract for Architects Services with MPA Architects, Inc., and authorize the Superintendent and Board Chairman to finalize and sign all required documents for termination of the contract for Riviera Beach High School, 02- MMM, Project No: 3851-8291. Contact: Joseph M. Moore (moorej@palmbeach.k12.fl.us) Joseph M. Sanches (sanchesj@palmbeach.k12.fl.us) Financial Impact: The District is required to pay for Architect Services rendered to the effective date of termination. The financial impact is $45,787.50 (which has been paid to date) of the original contract amount of $2,035,000.00, which included Basic Services, Additional Services and Reimbursable Expenses.