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05-77 ORDINANCE NO. 5-77. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING REGULATIONS FOR THE SELECTION OF ARCHITECTS, ENGINEERS, LAND- SCAPE ARCHITECTS AND LAND SURVEYORS WHE~ NEEDED IN ACCORDANCE WITH THE CONSULTANTS' COMPETITIVE NEgO- TIATION ACT, FLORIDA STATUTE 287.055; PROVIDING A SEVERABILITY CLAUSE. WHEREAS, the legislature of Florida declared it to be in the best interest of the public health, safety and welfare, and of good fiscal management to seek the most qualified and competent individuals and firms at fair, competitive and reasonable compensation to provide pro- fessional services to certain governmental agencies, including munici- palities; and, WHEREAS, the legislature of Florida desired to promote competitio~ among firms interested in providing professional.services to these gov- ernmental entities; and, WHEREAS, the legislature of Florida in order to achieve these above goals enacted the Consultants' Competitive Negotiation Act of 1973 which outlined certain procedures and policies for governmental agencies, including municipalities, to follow which would insure fair- ness and equity in the selection process; and, WHEREAS, Florida Statute 287.055(3) (d) dictates that the govern- mental agencies adopt administrative procedures for the evaluation of professional services; and, WHEREAS, the City Council of Delray Beach wishes to abide by the spirit and directives of the above act, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. 1. That there is hereby incorporated by reference and made a part hereof the "Consultants' Competitive Negotiation Act" being Florida Statute 287.055. 2. Copies of the Consultants' COmpetitive Negotiation Act are on file in the City Clerk's Office and interested parties may obtain copies of the act there. SECTION 2. 1. That it is hereby declared to be the legislative intent of the City Council of the City of Delray Beach that the City and all of its constituent commissions, boards, authorities and the like, with purchas- ing or procurement authority, comply to the fullest extent with the spirit and mandates of the Consultants' Competitive Negotiation Act, Florida Statute 287.055 and this ordinance. 2~ The City Administration shall have jurisdiction to perform the functions set forth for the City of Delray Beach and all its constituent commissions, boards, authorities and the like whether they were estab- lished by or brought into existence by ordinance, resolution or motion of the City Council. SECTION 3. 1. when the city Administration has been advised of the need for professional services covered by the Consultants' Competitive Negotiation Act, the Administration shall commence the public announcement procedUres required by said act as follows: a. Announce in a uniform and consistent manner each occasion when professional services are required to be purchased, except in cases of valid public emergencies so certified by the City Council of the City of Delray Beach, by publishing a notice in a local newspaper. b. The above referred-to notice shall specify the type of services needed, the nature of the project, plan- ning or study activity, the time and manner in which interested applicants may apply, a person or office in the City from whom additional information may be obtained with regard to the subject of the advertise- ment, and such other things as the Administration may think appropriate under the circumstances. c. In addition, the notice shall be mailed to each certi- fied.lprofessional, for the type of services needed, who has in writing to the City Manager requested that such notification be mailed. SECTION 4. 1. After the expiration of the time limit for submission of applications, statements and qualifications and performance data, the Administration shall: a. Evaluate current statements of qualifications and performance data on file with the agency, together with those that may be submitted by other firms re- garding the proposed project. b. Certify in accordance with Section 287.055(3) (c) of the Consultants' Competitive Negotiation Act those firms who are qualified to undertake the work required based upon the following criteria: (1) Information furnished by the applicant on Federal Government Form 251, attached hereto and made a part hereof. (2) Currently licensed by the appropriate governmental jurisdictions including, but not limited-to, the State of Florida. (3) Capabilities of the person 6r firm applying. (4) Adequacy of personnel. (5) Past record. (6) Experience of the firm or individual. (7) Availability of services. - 2 - Ord. No. 5-77. Co The certification required in the foregoing paragraph shall be made by the City Administration in writing to the City Council of the City of Delray Beach. SECTION 5. 1. Upon receipt of the written certification from the City Administration, as to those persons or firms qualified for the work, the City Council shall within a reasonable amount of time: a. Conduct discussions with, and may require public pre- sentations by, no less than three persons or firms regarding their qualifications, approach to the pro- ject and ability to furnish the required service. b. The City Council shall select in order of preference no less than three firms deemed to be most highly qualified to perform the required services after con- sidering the following fac~ers: (1) Information furnished by the applicant on Federal Government Form 251 attached hereto and made a part hereof. (2) Currently licensed by the appropriate governmental jurisdictions including, but not limited to, the State of Florida. (3) Availability of services. (4) Ability of professional personnel. (5) Past performance. (6) Location. (7) Recent, current and projected workloads of the persons or firms. (8) Volume of work previously awarded to the pezson or firm by the City of Delray Beach or its constituent commissions, boards, authorities and the like with the object of affecting an equitable distri- bution of contracts among qualified firms, pro- vided such distribution does not violate the principle of selection of the most highly quali- fied person or firm. SECTION 6. 1. After the City Council of the City of Delray Beach has ranked the persons or firms in the order required in Section 5 above, the Competitive Negotiation provisions of the Consultants' Competi- tive Negotiation Act shall be implemented as follows: a. The City Administration shall commence negotiations with the most qualified firm with the object of arriving at - 3 - Ord. No. 5-77. a contract and compensation which the Administration be- lieves to be fair, competitive and reasonable. b. After conducting negotiations with the most qualified person or firm, the city Administration shall report back to the City Council of the City of Delray Beach the results of the negotiations and the City Council shall then either award the contract to the most quali- fied person or firm, direct the City Administration to conduct further negotiations with the most qualified person or firm, or direct the City Administration to terminate negotiations with the most qualified person or firm and commence negotiations, in accordance with the provisions above, with the second most qualified person or firm. In the event a satisfactory ~greement cannot be reached with the second most qualified person or firm, negotiations will be terminated and henceforth commenced with the third most qualified person or firm. SECTION 7. 1. Should the City Administration, in the opinion of the City Council of the City of Delray Beach, be unable to negotiate a satis- factory contract with any of the selected firms, the City Council of the City of Delray Beach shall select additional firms in order of their competence and qualification and continue negotiations in accordance with the provisions herein contained until an agreement is reached. SECTION 8. 1. The City Administration is hereby directed to adopt a rule or rules of procedure for the determination of a project under the Consultants' competitive Negotiation Act and this ordinance. These procedures may include: a. Determination of a project which constitutes a grouping of minor construction, rehabilitation, or renovation activities. b. Determination of a project which constitutes a grouping of substantially similar construction, rehab, ilitation, or renovation activities. c. The above provedures and any amendments or deletions therefrom shall be submitted to the City Council of the City of Delray Beach for approval, which approval may be made by motion. SECTION 9. 1. As to any City of Delray Beach commissions, boards, authori- ties and the like which have purchasing authority independent of the City Council of the City of Delray Beach, the purchases of such bodies which are subject to the Consultants' Competitive Negotiation Act shall be processed in accordance with this ordinance; however, the - 4 - Ord. No. 5-77. commission, board, authority or the like will itself perform the functions set forth in this ordinance that are otherwise applicable to the City Council of the City of Delray Beach. SECTION 10. That should any section or provision of'this ordinanc~ or any portion thereof, any paragraph, sentence or word be declared by-a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. PASSED AND ADOPTED in regular session on second and final reading on this the 14th day of February, 1977. ATTEST. · ~/ City Clerk First Re~ding January ~.~_ ].977 Second Reading. February 14, 1977 - 5 - Ord. No. 5-77.