Senate Bill 0020e1

    SB 20                                    First Engrossed (ntc)



  1                      A bill to be entitled

  2         An act relating to the Department of Management

  3         Services; providing for the relief of Dale R.

  4         Cowie; providing an appropriation to reimburse

  5         him for expenses incurred in the completion of

  6         a state contract; providing an effective date.

  7

  8         WHEREAS, in 1991, Fire Control, Inc., a company which

  9  designed and installed fire sprinkler systems, installed

10  sprinkler systems in two single-cell housing units at the

11  Jackson Correctional Institution, state project #DC-89013100,

12  and

13         WHEREAS, because the contract drawings prepared by the

14  architectural firm on the project were erroneous, Fire

15  Control, Inc., incurred an additional expense of $15,401.77 to

16  properly install the system, for which they were never

17  reimbursed, and

18         WHEREAS, Fire Control, Inc., was a subcontractor to J.

19  Kinson Cook, Inc., the general contractor for the Jackson

20  Correctional Institution project, and

21         WHEREAS, J. Kinson Cook's contract was held and

22  administered by the Department of Management Services,

23  formerly the Department of General Services, which was the

24  contracting agency for the project, and

25         WHEREAS, on September 30, 1993, J. Kinson Cook, Inc.,

26  signed a release acknowledging final payment by the state and

27  releasing the Department of Corrections and the Department of

28  Management Services from all claims under the construction

29  contract and any subcontracts for the project, and

30

31


                                  1

CODING: Words stricken are deletions; words underlined are additions.






    SB 20                                    First Engrossed (ntc)



  1         WHEREAS, no claim for additional compensation for

  2  completion of state project #DC-89013100 was filed against the

  3  state by the general contractor, and

  4         WHEREAS, though a payment bond was issued by a surety

  5  company to cover payments to subcontractors in the event the

  6  general contractor failed to pay all expenses owed, the

  7  statute of limitations has expired for suits against a surety

  8  company on a bond for a public project and for suits against

  9  the contractor, and

10         WHEREAS, since 1991, Dale R. Cowie, formerly the

11  president of Fire Control, Inc., has attempted to obtain

12  reimbursement for his company's expenses, and

13         WHEREAS, in September 1995, Fire Control, Inc., ceased

14  operations due to financial difficulties which stemmed in

15  great part from the loss incurred in the performance of this

16  subcontract, and

17         WHEREAS, Dale R. Cowie seeks reimbursement from the

18  Department of Management Services in the amount of $15,401.77,

19  NOW, THEREFORE,

20

21  Be It Enacted by the Legislature of the State of Florida:

22

23         Section 1.  The facts stated in the preamble to this

24  act are found and declared to be true.

25         Section 2.  The comptroller is directed to draw his

26  warrant in favor of Dale R. Cowie in the sum of $15,401.77

27  from the General Revenue Fund in the State Treasury and the

28  State Treasurer is directed to pay the same out of such funds

29  in the State Treasury.

30         Section 3.  This act shall take effect July 1, 1998.

31


                                  2