Procedures For Joint-use Facility Needs Assessment


Procedures for Joint-Use Facility Needs Assessment

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Purpose

The purpose of the assessment is to determine the need to build a joint-use facility, including the need for the instruction to be conducted therein. Need shall be based on current, actual enrollment in the instruction that will be relocated to the joint-use facility from leased, rented or borrowed space in the locale. Need shall not be based on projected or anticipated future enrollment.

Section 1013.52 (1)(a), Florida Statutes, requires formal assessment and approval by the State Board of Education of proposals to build facilities to be used jointly by a Florida College System institution and a public school, university, or other Florida College System institution.

Procedures

The Florida College System institution district board of trustees and the other participating board(s) together shall request a formal assessment by the State Board of Education. The participating boards together shall provide written responses to the following items, which shall constitute the basis for the assessment.
Items
  1. Identify the instruction that each participating board is conducting in leased, rented, and borrowed space in the locale of the proposed joint-use facility that will be housed in the proposed joint-use facility.
  2. Report the full-time equivalent (FTE) and the unduplicated headcount generated by the instruction identified under item one. Report the FTE and the headcount for each participating board according to the enrollment reporting categories for each of the three most recent reporting years, and project the same for the current year and the next year.
  3. Identify on a map the location for the proposed joint-use facility.
  4. Describe the benefits that will demonstrate the need for the proposed joint-use facility.
  5. Provide any other information that will demonstrate the need for the proposed joint-use facility.
  6. Complete the written response with the signature of the designee of each participating board.

History

Approved by the Council of Presidents: November 1, 2006 Approved by the Chancellor: November 13, 2006

Procedures for Reviewing Audit Reports

Purpose

Section 1008.32, Florida Statutes, charges the State Board of Education with the responsibility to oversee the performance of district school boards and Florida college boards of trustees in enforcement of all laws and rules.

To assist the State Board in fulfilling its oversight responsibility, the Department of Education's Florida College System Budget Office has been assigned to review college financial and operational compliance audits.

Procedure

The following process will be used by the Division of Florida Colleges for reviewing the college operational and financial audit reports published by the Auditor General.
  1. Upon receipt of a college audit report, findings and college responses will be reviewed by the Florida College System Budget Office to determine which findings require follow-up.
  2. If a finding is determined to require follow-up, the Florida College System Budget Office will informally contact the college business officer to request the current status of the finding's response, various support documentation and/or explanation.
  3. If the college has:
    1. Adequately addressed the audit finding, as demonstrated by support documentation and/or explanation received from the college during the informal contact, the Florida College System Budget Office will notify the college business officer that no further follow-up will be required.
    2. Not adequately addressed the audit finding through support documentation and/or explanation received from the college during the initial informal contact, the Florida College System Budget Office will follow-up with additional informal requests for information made to the college business officer. If adequate documentation and/or explanation is not received within a reasonable timeframe, an informal request will be made by the vice chancellor of financial policy to the college business officer. If the college still has not adequately addressed the audit finding through support documentation and/or explanation received from the college during the informal contact by the vice chancellor, a formal request will be made by the chancellor of the Division of Florida Colleges to the college president. Note: Informal contact is defined as verbal contact and/or email to the college business officer. Formal contact is defined as an official letter to the college president with a request to complete a Florida College Audit Response form.
  4. If the auditors and the college are in disagreement on the interpretation of a law or rule, an opinion may be requested from legal counsel of the Department of Education.
  5. Following a formal request, an audit summary report will be presented to the chancellor of the Division of Florida Colleges for action on audits, as necessary. The college president may be requested to attend a meeting with the chancellor of the Division of Florida Colleges if a more detailed response is required than is provided in the Florida College Audit Response form. The Florida College System Budget Office will review college status to ensure appropriate action has taken place. The Florida College System Budget Office will also work cooperatively with the Auditor General's office on behalf of the college to determine possible solutions to audit problems not adequately addressed.
  6. Each college will be notified of the actions and recommendations of the chancellor of the Division of Florida Colleges.
  7. The Florida College System Budget Office staff will work collaboratively with the college in resolving issues and problems identified in the audit report findings and will complete follow-up actions as directed by the chancellor of the Division of Florida Colleges.
  8. Audit report findings regarding enrollment issues will be reported by the chancellor to the Community College and Technical Center MIS so that appropriate follow-up actions may be completed. Such actions may include adjustments to the annual count of funded full-time equivalent enrollment.
  9. If all audit findings and college responses contained in an audit report are determined to require no additional follow-up, the Florida College System Budget Office will notify the college business office that no follow-up is required.

It is the philosophy of the State Board of Education to work cooperatively with all entities and agencies involved with Florida colleges to resolve problems and issues in order to eliminate potential audit criticisms or findings. The State Board of Education may commend colleges when appropriate for outstanding audits.

History

Approved by the Council of Presidents: January 13, 2012
Approved by the Chancellor: January 13, 2012

Procedures for the Determination of Operating Cost of New Facilities Within the Legislative Budget Request

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Purpose

Pursuant to Sections 1001.02(2)(e) and 1011.84(3)(b)4, Florida Statutes, these guidelines are to provide adequate operational funding for additional facilities acquired by Florida College System institutions in each fiscal year as a part of the Legislative Budget Request for the Community College Program Fund.

Procedures

I. Eligibility for Inclusion in the budget request
  1. Facilities must be owned or contracted for use through a lease with a term of five years or more.
  2. Facilities must be survey recommended as provided for in Section 1013.31, Florida Statutes.
  3. Leases must be effective after July 1, 1994 and must be cost-effective alternatives to new construction. Such space shall be included in the facility inventory of each college.
  4. The funding request shall not include space or facilities used primarily for recreation, intercollegiate athletics, auxiliary enterprises, self-supporting activities and other specialized purposes which are not used as a component of the general education process.

II. Calculation of Cost

  1. The system annual average cost per gross square foot shall be multiplied by the number of eligible gross square feet for each college to determine the annual amount per college.
  2. Colleges may submit requests for an exception to this process if they can document extraordinary operating cost for specialized facilities and extraordinary usage. For example, indoor firing ranges may require higher utility consumption due to air handling and other environmental requirements.

III. Time Frame for Request

  1. The request shall be based on a fiscal year and made effective the year the facility becomes operational. If the facility is operational for less than a fiscal year, the request shall be proportional to the portion of the year the facility is operational.
  2. The distribution of state funds for new facilities shall be based upon the reported date of the college as to when the facilities is expected to be opened. If the actual date of operations differs from the basis of the budget request, the division shall adjust the distribution of the Florida College System Program Fund accordingly in the subsequent fiscal year.

IV. Submission of Requests by Colleges

  1. Colleges shall submit a request in a form approved by the chancellor for the Florida College System. The information in the request shall include the name and description of the project, the number of gross square feet, the fund source to construct the project and the date the facility is expected to become operational.
  2. Requests shall be submitted on or about August 1 and February 10 of each year for the upcoming legislative session.
  3. The request will be reviewed and included in the Department of Education's budget request.

History

Approved by the Council of Presidents: November 1, 2006
Approved by the Chancellor: November 13, 2006

Procedures for Student Full-Time Equivalent (FTE) Estimates and Projections

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Purpose

The purpose of this procedure is to establish a consistent and timely method of providing student FTE estimates for the Enrollment Estimating Conference. This method is based on the requirements established by the Enrollment Estimating Conference. The FTE estimates are annualized estimates of the current reporting year funded FTE, based on the current FTE enrollment from the Student Data Base. The FTE estimates are developed at least twice a year and presented to the Enrollment Estimating Conference for approval. The FTE estimates are used in the preparation of the legislative budget requests for the Florida College System by the Office of the Governor, the Senate, the House of Representatives and the Division of Florida Colleges (DFC). These estimates provide information to the DFC for planning, budgeting and policy development.

Procedures

A. Student FTE Estimates
  1. Enrollment Estimating Conference
    The Enrollment Estimating Conference (EEC) and its duties are defined in Sections 216.136 and 216.137, Florida Statutes. The duties include developing such official information relating to the state public educational system, including forecasts of student enrollments, as the conference determines is needed for the state planning and budgeting system. The principals for the EEC are professional staff of the Executive Office of the Governor, the coordinator of the Division of Economic and Demographic and professional staff of the Senate and House of Representatives who have forecasting expertise or their designees. The responsibility of presiding over sessions of the conference shall be rotated among the principals. Actions by the conference shall be by consensus. A session of the EEC may be convened, after adequate notice, at the call of any principal.
  2. Enrollment Estimating Conference Sessions
    The following sessions are generally held each year. The sessions and dates are dependent upon need, except the Impact Conference must be held after each regular session of the Legislature.

    July/August - Impact Conference to review the impact of changes in the law on FTE enrollment.

    July/August - FTE-3, Final FTE enrollments for the Year

    Conference reviews the final end-of-term FTE enrollments for the past reporting year. The next year projections for the FTE Enrollment Plan are reviewed.

    October/November - FTE-1 Estimates

    The FTE-1 Estimates are developed from the summer end-of-term and fall beginning-of-term submissions of the Student Data Base. The FTE-1 estimates adopted by this conference are used in the governor's budget request.

    March - FTE-2 Estimates

    The FTE-2 estimates are developed from the summer and fall end-of-term and winter/spring beginning-of-term submissions of the Student Data Base. The FTE-2 estimates adopted by this conference are used in the Senate's and House of Representatives' legislative budget requests.
  3. Development of FTE Estimates
    The FTE estimates process and data model were developed by the DFC in cooperation with the EEC. For FTE estimates provided to the EEC, any changes to the process or data model must have consensus approval of the EEC. The DFC will use the FTE estimates developed for the EEC unless special circumstances arise as determined by the chancellor. The bureau of Community College and Technical Center Management Information Systems (CCTCMIS) will develop the FTE estimates as required by the EEC. When the FTE-1 and FTE-2 estimates are produced depends upon the submission dates of the Student Data Base and the needs of the Office of the Governor and the legislature. Each year, the CCTCMIS will set a date in the Student Data Base submission periods, by which colleges must submit data for generation of the FTE estimates. For colleges who submit data by this date, the FTE estimates will be submitted to these colleges for review. For any college who submits data after this date, the FTE estimates will be generated by the CCTCMIS, but the estimates will not be submitted to the college for review. The CCTCMIS will produce the estimates for students eligible for state funding in the Community College Program Fund. The data will be reported by the program areas required by law and by the needs of the EEC.
  4. Review by Colleges
    Upon completing the production of the FTE estimates, the CCTCMIS will provide the estimates for review to the president (or his/her designee) of each Florida College System institution which has submitted data by the date set in the Student Data Base submission. Presidents will be given as much time as possible to recommend adjustments to the FTE projections. Because of the needs of the Office of the Governor and the Legislature and the time needed by the colleges to submit the Student Data Base, the time allowed for review will be minimal. The colleges may adjust the FTE estimates based on valid and sufficient justification, but may not replace these estimates with the colleges' own estimates. Such justification may include addition or expansion of programs, change in designations of sites, curricular changes, new or expanded industry requirements and educational policy issues. Colleges will submit a certification form indicating the college has reviewed the FTE estimates and whether adjustments are being recommended. The certification form must be signed by the president and the business officer.
  5. Submission to the Enrollment Estimating Conference
    Prior to next meeting of the EEC, the DFC and CCTCMIS will review the college adjustments to the FTE estimates and the accompanying justifications to anticipate any questions or concerns the EEC members may have. The DFC or CCTCMIS will notify the colleges of any concerns or questions about the estimates or justifications. The college will be given an opportunity to make changes to the data or justifications. DFC and CCTCMIS staff will present the FTE estimates, the college adjustments and the justifications to the EEC. The EEC must approve the FTE estimates by consensus.
B. FTE Enrollment Plan
  1. Introduction
    The purpose of this procedure is to establish a consistent timely method to provide student FTE projections to the DFC and to the Florida College System for planning and policy development. These FTE projections are used in the development of the DFC's budget.
  2. Development of Projections
    Each year before the development of the DFC budget request, the CCTCMIS will generate six year FTE projections for students eligible for state funding in the Florida College System Program Fund. The FTE projections will be reported by the same program areas as used in the FTE estimates.
  3. Review by Colleges
    Upon completing the generation of the FTE Enrollment Plan projections, the CCTCMIS will provide the projections to the president/designee of each Florida College System institution for review. Presidents/designees will have approximately 30 days to recommend adjustments to the FTE projections. The college may adjust the projections based upon valid and sufficient justification. Such justification may include addition or expansion of programs, change in designations of sites, curricular changes, new or expanded industry requirements and educational policy issues. Colleges will submit a certification form indicating the college has reviewed the FTE estimates and whether adjustments are being recommended. The certification form must be signed by the president and the business officer.
  4. Submission to the Florida College System Institutions
    After consideration of recommended college changes, the CCTCMIS will submit the official FTE Enrollment Plan projections to the Florida College System institutions within 30 days of the due date. The first year of these projections will remain in effect until the FTE-1 estimates are adopted by the Enrollment Estimating Conference. The remaining years will be in effect until the next annual submission of the FTE Enrollment Plan or special circumstances arise as determined by the chancellor.
  5. Development of Ten Year Projections
    The CCTCMIS will use the FTE Enrollment Plan projections to develop 10 year projections when the need arises. The 10 year projections will be reported only by college or system totals.
C. Student FTE Projections For Fixed Capital Outlay
  1. Introduction
    The purpose of this procedure is to establish a consistent and timely method to provide student FTE projections to the Educational Facilities Technical Assistance (EFTA) section of the Office of Educational Facilities. Each Florida College System institution must do an educational plant survey at least every five years as prescribed in Section 235.15, Florida Statutes. The specifics for completing the survey are defined in the State Requirements for Educational Facilities - 1944 as stated in Rule 6A-2.0111, Florida Administrative Code. The CCTCMIS will provide student FTE projections to the Florida College System institutions and EFTA to complete the educational plant surveys. These projections are also intended to provide information to the DFC for planning and policy development.
  2. Capital Outlay FTE Projection Process
    The CCTCMIS will generate the Capital Outlay FTE projections for five years past the latest appropriation bill budget year. The FTE projections are reported by campus, center or other sites listed in the Facilities and Capital Outlay Data Base. The FTE projections are based on students who require permanent facilities and who are eligible for state funding in the Community College Program Fund. Reports to the EFTA will aggregate data by occupational and non-occupational FTE.
  3. Review by Colleges
    Upon completing the generation of the Capital Outlay FTE projections, the CCTCMIS will provide the projections to the president/designee of each Florida College System institution for review. Presidents/designees will have no less than 30 days to recommend adjustments to the FTE projections. The College may adjust the projections based upon valid and sufficient justification. Such justification may include addition or expansion of programs, change in designations of sites, curricular changes, new or expanded industry requirements and educational policy issues. Colleges will submit a certification form indicating the college has reviewed the projections and whether adjustments are being recommended. The certification form must be signed by the president and the business officer.
  4. Submission to Educational Facilities Technical Assistance and the Community Colleges
    After consideration of recommended college changes, the CCTCMIS will submit the official Capital Outlay FTE projections to EFTA and the Florida College System institutions by September 1 of each year. These projections will remain in effect until the next annual submission to EFTA unless an emergency or special circumstance arises as determined by the chancellor.

History

Approved by the Council of Presidents: November 1, 2006
Approved by the Chancellor: November 13, 2006

Procedures to Request Campus, Center, Special Purpose Center and Instructional Site Designation

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Purpose

These procedures are established to facilitate Section 1001.02(7)(e), Florida Statutes and State Board of Education Rule 6A-14.0061, Florida Administrative Code, Campus, Center, Special Purpose Center and Instructional Site Designations.

Procedures

I. Submission of Request to Division
A request to designate a campus, center or special purpose center shall be made to the chancellor of the Division of Florida Colleges not less than six (6) weeks prior to action by the State Board of Education. The request must indicate approval by the local board of trustees of the college. Instructional sites are used at the discretion of each college and do not require State Board approvals. The request format shall answer the criteria specified below.

II. Criteria specified in Rule 6A-14.0061, FAC, for Campus, Center and Special Purpose Center Designations, require that the request:

  1. Explain how the proposed campus, center or special purpose center is a part of and consistent with the long-range master plan of the college. Include a copy of that portion of the college's long-range master plan.
  2. Justify that expanded or new instructional and support services are necessary to adequately serve the Florida College System institution district.
  3. Document that the official fixed capital outlay student FTE enrollments have already achieved three thousand (3,000) full-time equivalent students at each existing campus and that projected student enrollments are stable or increasing. Utilize the official fixed capital outlay FTE enrollment projections which illustrate at least one thousand (1,000) full-time equivalent students for a proposed campus, or at least four hundred (400) FTE for a proposed center. Provide also historical enrollments for at least five years prior to the current year by campus and center (existing and proposed) which can be reconciled to the FTE-3 Enrollments Reports for the college. Total FTE enrollments for the college should equal those reported on the FTE-3 Enrollment Report. (Note: Enrollments are based on thirty (30) credit hour equivalents equal to one (1) FTE.) The above is not necessary for a special purpose center, however, documentation must be provided to show that the projected enrollments for the special purpose center justify the need for an additional site for the college.
  4. Certify that facilities at existing campuses, centers or special purpose centers (already established by the State Board of Education or by prior state action), are substantially complete and utilized. (Note: If a campus(es), center(s) or special purpose center(s) is not complete, show a completion date and indicate when the proposed campus, center or special purpose center is to be developed, consistent with completion of other campuses or centers.).
  5. Provide documentation that the proposed campus or center is with the cooperation of other educational agencies within the Florida College System institution district and adjacent to the district. Letters of Agreement from the school district, regional coordinating councils and Florida College System institution president (s) should be included.
  6. Evaluate alternatives to the proposed expansion, such as underutilized, vacant facilities, or leased facilities that were considered by the board of trustees. Include a complete analysis of alternatives. If there are projected facility needs for a new campus, center or special purpose center, document what facilities are contemplated. Include the justification for such facilities and the projected costs.
  7. Possible exceptions to these criteria for establishing a campus, center or special purpose center are listed below. Address only those exceptions which apply. For each applicable exception, explain fully how the particular exception impacts upon corresponding criteria. Possible exceptions are:
    1. The nature of the services to be provided.
    2. The number and types of students to be served.
    3. The characteristics of the population to be served.
    4. Transportation problems.
    5. The lack of acceptable sites and facilities.
    6. Energy conservation.
    7. Population shifts within the service area.

III. Justification for Designation
The request must provide a strong statement justifying the need for establishing the campus or center. This discussion should provide justification for the expenditure of public funds. The following items should be fully discussed:

  1. Programmatic needs of the area. Identify the degrees and certificate programs to be offered at the proposed location and explain how this request will affect supply and demand for these programs.
  2. Geographic considerations. Explain why the proposed campus or center is to be located in the area selected. Include a map of the Florida College System institution district which shows distances from the main campus and centers, including the one proposed.
  3. Other factors which contribute to the need for a campus or center including increases or shifts in population.

IV. Division Technical Support
Division staff shall assist and represent all designations to the State Board of Education.

Note: If site designation approval is given, the board of trustees of the college should comply with certain criteria established in section 1.4, State Requirements for Educational Facilities, before selecting a site.

History

Approved by the Council of Presidents: November 1, 2006
Approved by the Chancellor: November 13, 2006

Procedures for Reviewing Florida College System Institutions Direct Support Organizations Audit Reports

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Purpose

Section 1001.64(39), Florida Statutes, charges the local Florida College System institution board of trustees with the responsibilities of audit review and oversight of direct-support organizations.

Section 1001.02(6), Florida Statutes, charges the State Board of Education with the responsibility to "prescribe minimum standards, definitions, and guidelines for Florida College System institutions that will ensure the quality of education, coordination among the Florida College System institutions and state universities, and efficient progress toward accomplishing the Florida College System institution mission."

Section 1004.70, Florida Statutes, requires each direct support organization (DSO) to submit its annual financial audit report to the State Board of Education for review. These procedures implement that review process.

Procedures

Based on the philosophy of the State Board of Education to work cooperatively with all entities and agencies involved with Florida College System to resolve problems and issues in any area, the following process will be used by the Department of Education for reviewing the DSO audit reports published by an independent certified public accountant:

The audit review checklist, which is detailed within these procedures is submitted by the president and transmitted with the DSO audit to the Department of Education.

The DSO audits and the audit review checklist are assigned to the Florida College System Office of Budget and Financial Services for review.

  1. If an audit review checklist is submitted with all responses in the affirmative, the DSO audit shall be transmitted to the chancellor of the Division of Florida Colleges for review.
  2. If an audit review checklist does not include all positive responses, the DSO audit shall be sent back to the college for corrective action or justification prior to review by the chancellor of the Division of Florida Colleges.

History

Approved by the Council of Presidents: November 1, 2006 Approved by the Chancellor: November 13, 2006

Direct Support Organizations Audit Review Check List

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College President's Response to DSO Audit:

In accordance with Section 1004.70(2), Florida Statutes, did the chairperson of the board of trustees appoint a representative to the board of directors and the executive committee of each direct support organization established under Section 1004.70, Florida Statutes?

______Yes _______No

In accordance with Section 1004.70(2), Florida Statutes, did the president or the president's designee serve on the board of directors and the executive committee of the college's direct support organization?

______Yes _______No

In accordance with Section 1004.70(4)(c), Florida Statutes, did the board of trustees approve all transactions or agreements between one direct support organization and other direct support organizations or between a direct support organization and a center of technology innovation designated under s.1004.77, Florida Statutes?

______Yes _______No _______N/A

In accordance with Section 1004.70(5), Florida Statutes, did this direct support organization submit to the board of trustees a copy of its federal IRS Application for Recognition of Exemption form (Form 1023) and its federal IRS Return of Organization Exempt from Income Tax form (Form 990)?v

______Yes _______No _______N/A

Did the board of trustees review the following issues and accept the annual audit. College support of direct support organization's operating expenses. Annual change in the direct support organization's net assets. Direct support organization's ability to cover indebtedness (both current and projected).

______Yes _______No _______N/A

President's Signature and Date ___________________________________

Board of Trustees

Chairman's Signature and Date _________

Procedures for Contractual Provisions for Construction Contracts

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Purpose

The following provisions are recommended to be included in all Florida College System institution construction contracts in order to promote timely payments to subcontractors for work satisfactorily completed.

Procedures

Subcontractors, forty-five (45) days after satisfactory completion of their work on the contractor's project, can invoice the contractor for the remainder of unpaid work, including the full value of the retainage related to their work, less the value of any item contested in accordance with the terms and conditions of the construction contract. The subcontractor shall include a conditional release of lien and all appropriate warranties and closeout documentation with this final payment invoice to the contractor. The contractor must include this subcontractor payment request in the next Application for Payment in the pay application cycle to the architect following the receipt of the subcontractor payment request, if deemed to be complete and in compliance with this section. The owner shall process the payment request within 20 days of receipt of the Certificate for Payment from the architect, and shall include payment of the retainage, less the value of any contested item, in its next payment to the contractor. When a contractor receives payment from the owner for labor, services, or materials furnished by subcontractors and suppliers hired by the contractor, the contractor shall remit payment due to those subcontractors and suppliers, less the value of any item contested in accordance with the terms and conditions of the construction contract, within ten (10) days after the contractor's receipt of payment.

Colleges should require the contractor to include the following provision in all construction contracts to promote timely payments to subcontractors for services properly completed to the owner: "When the contractor receives payment from the owner for labor, services, or materials furnished by subcontractors and suppliers hired by the contractor for the project, the contractor shall remit payment due to those subcontractors and suppliers, less the value of any item contested in accordance with the contract, within 10 days after the contractor's receipt of payment from the owner. When the payment due the subcontractor is for final payment, including retainage, the subcontractor must include with the invoice for final payment a conditional release of lien and all appropriate warranties and closeout documentation. When the subcontractor receives payment from the Contractor for labor, services, or materials furnished by subcontractors and suppliers hired by the subcontractor, the subcontractor shall remit payment due to those subcontractors and suppliers, less the value of any item contested in accordance with the contract, within ten (10) days after the subcontractor's receipt of payment."

This provision shall not be construed to create a contractual relationship of any kind (1) between the architect and contractor, (2) between the owner and a subcontractor or sub-subcontractor (et al.), (3) between the owner and architect or (4) between any persons or entities other than the owner and contractor.

History

Approved by the Council of Presidents: February 27, 2004
Approved by the Chancellor: March 2, 2004