10.08.01 Contracting for Professional Services
CITY OF BOYNTON BEACH ADMINISTRATIVE POLICY MANUAL CHAPTER: 10 Purchasing POLICY NO: 10.08.01 SECTION: 08 Professional Services PAGE: Page 1 of 3 SUBJECT: 01 Contracting for Professional
Services (CCNA) PURPOSE: To provide a policy that fully complies with the requirements of the Consultants Competitive Negotiation Act (CCNA) as stipulated in Florida Statutes, Chapter
287.055 when the combined amount for the services are $25,000 or more. DEFINITION: Professional services means any services where the City is obtaining advice, instruction, or specialized
work from an individual specifically qualified in a particular area. This would include architectural, engineering, and registered land surveying services. Professional services may
include a report, or written advice, which may be lengthy; however, the main thrust of the service is not labor, but the exercise of intellectual ability. The procurement of professional
services does not lend itself to normal competitive bidding and pricing competition alone. The The City may procure these services by Letter of Interest (LOI) or Requests for Qualifications
(RFQ) and selected through competitive selection and negotiation. POLICY: The City requires a competitive RFQ process for professional services when the cost of the service exceeds:
• Planning or study activity for $25,000 or more. • Basic construction costs in the amount of $75,000 or more. The processes to contract for professional services are: 1. Public Announcement/Request
to Advertise -At such time when professional services are necessary by the City, Procurement Services shall provide and request publication of a legal advertisement in a newspaper or
general circulation within the Palm Beach County. The advertisement shall set forth a general description of the project(s) requiring professional services and provide instructions on
how interested firms may apply for consideration by the City. In addition, a notification of the project will be sent to each certified firm expressing an interest in being notified,
a mailing list created from the vendor file in Purchasing, and a suggested list from the requesting department. Policy 10.08.01 -Contracting for Professional Services (CCNA) Page 1 of
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2. Competitive Selection -There shall be a Competitive Review Committee (CRC), which may be composed of the following representatives: a. Representative(s) of the City Manager's Office.
b. Citizen appointed by the user department based on their qualifications and experience in the area of discipline. c. Representative(s) from the requesting department. d. Other representative(s)
deemed appropriate by the Purchasing Agent or Finance Director. The responsibility of the Committee will be to: a. Evaluate the proposals. b. Rank proposals by “open meeting” under the
Sunshine Law inviting proposers. c. Prepare a “Short List” consisting of at least a minimum of three firms selecting the best firm qualified for the particular. d. Request formal presentations
(if desired) by each firm, if determined beneficial. e. Request the City Commission to approve negotiation of a contract with the #1 ranked firm. f. Negotiate the contract. g. Request
the City Commission to approve the contract. 3. Competitive Negotiation -The Committee will attempt to negotiate a contract with the highest ranked firm to perform the services at a
compensation level that the committee determines to be fair and reasonable. If the Committee is unable to negotiate a satisfactory contract with the firm obtaining the highest ranking,
then the Committee shall formally terminate negotiations with that firm. The negotiation Committee then shall undertake negotiations with the second ranked firm. If these negotiations
also prove unsatisfactory, the Committee shall terminate negotiations and the Committee will negotiate, in turn, with each firm in accordance with their ranking by the Committee, until
reaching an agreement or exhausting the short list. When a short list is exhausted, the Committee must initiate a new solicitation for proposals. For any lump-sum or cost-plus-a-fixed-fee
professional service contract over the threshold amount provided in Chapter 287.017 (5) (a), Florida Statutes, for Category Four (currently $60,000) the City shall require the firm receiving
the award to execute a truth-in-negotiation certificate stating that wage rates and other factual unit cost supporting the compensation are accurate, complete, and current at the time
of contracting. Policy 10.08.01 -Contracting for Professional Services (CCNA) Page 2 of 3
Policy 10.08.01 -Contracting for Professional Services (CCNA) Page 3 of 3 4. Award of Contract -At the successful conclusion of negotiations, the Committee will recommend a contract
award to the City Commission and a purchase order issued. 5. Less Than Three Firms -In the event less than three (3) firms express interest in a project or less than three (3) firms
are deemed qualified by the CRC Committee, then the Purchasing Agent shall make a determination as to whether to proceed with the lesser number of firms. If the decision is to readvertise,
and after subsequent advertisement, three (3) firms still cannot be qualified, then the City shall proceed hereunder with the firms qualified. 6. Prohibition Against Contingent Fees
-Each contract for professional services shall contain the prohibition against contingent fees required by and set forth in Chapter 287.055 (6) (a), Florida Statutes. DEVELOPED BY: Purchasing
Division EFFECTIVE DATE: February 1, 1998 REVISED: November 1, 2008 Kurt Bressner Kurt Bressner Bressner City Manager