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O77-10ORDINANCE NO. 77- tU AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA ESTABLISHING REGULATIONS FOR THE SELECTION OF ARC~ITECTS,.ENGI~EE'RS, L~N.~SCAPE ARCHITECTS AND ~LAND SURVEYORS WHEN NEEDED iN AccoRDANcE WITH THE CONSUL- TANTS' ~O~4PETITI~E NEGOTIATION ACT~ FLQRtDA STATUT~ 287-055;' P~0~IDING FOR SA~INGS CLAUSE, REPEALING PROVISION, AUTHORITY TO CODIFY, AND EFFECTIVE DATE AND ~OR OTHER PURPOSES. WHEREAS, the legislature of Florida deelamed it to be in the best interest of the public hea~b, safety and welfare, and of good fiscal management to seek the most qualified and competent indivi- duals to provi~e professional services to certazn governmental agencies, incZuding municipalities~ and WHEREAS, the legislature of Florida desired to promote com- atition among firms interested mn providing professional services to these governmental entities; and WHEREAS, the legislature of Florida in order to achieve thes. ~bove goals enacted the Consultants' Competitive Negotiation Act o L973 which outlined certain procedures and policies for governmen~a ~gencies, including munzclpalities, to follow which would insure fa ness and equity in the selection process; and ~%IEREAS, the City Council of the City of Boynton Beach, Florida wishes to abide by the spirit and directives of the above act, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE SITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: Section i. 1. That there ms hereby mncorporated by reference and made s Dart hereof the "Consultants' Competitive Negotiation Act" being ?lorida Statute 287.055. 2. Copies of the Consultant's Competitive Negotiation Act ar. n file in the City Clerk's Office and interested parties may obtai] ~opies of the act ~here. Section 2. 1. That it is hereby declared to be the legislative ~he City Council of nd all Lntent o~ the City of Boynton Beach~ Florida that the Cit5 of its o~stituent commissions~ boards, authorities and ~he like, with purchasing or procurement authority, comply to the full~ extent with the spirit and mandates of the Consultants' Competitiv Negotiation Act, Florida ~tatute 2876035 and this ordinance~ 2. The City Administration shall have jurisdiction to per- form the functions set forth for the City of Boynton Beach~ Florid and all its constituent commissions, boards, authorities and the like whether they were established by or brought into existence by ~rdinance, resolution or motion of the City Council. Section 1. When the City Administration has been advised of the for professional services covered by the Consultants' Competitive Negotiation Ac~, the Administration shall commence the public announcement procedures required by said act as follows: 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 Boynton Beach, Florida, by publishing a notice in ~ local newspaper. The above referred-to notice shall specify the type of services needed, the nature of the prcject, 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 t~e Administration may think appropriate under the circumstances. In addition, the notice shall be mailed to each certified professional, for the 5ype of servzces needed, who has in writing to the City Manager requested that such notification be mailed. Section 1. After the expiration of the time limit for submission of ~pplications, statements and qualifications and performance data, the Administration shall: Evaluate current statements of qualifications and performance data on file with the agency, together with those-that ~ay-b~'submitted by other firms regarding the proposed project. bo 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 critezia: (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 -2- (3) (4) (5) (6) (7) jurisdictions including, but not limited, to the State of Florida. Capabilities of the person or firm applying. Adequacy of personnel. Past record. Experience of the firm or individual Availability of services. c. The certification required in the foregoing paragraph shall be made by the City Administration in writing to the City Council of the City of Boynton Beach, Florida. Section 5. 1. Upon receipt of the written certification from the City Administration, as to those persons or firms qualified for the the City Council shall within a reasonable amount o~ time: Conduct discussions with, and may require public pre- sentations by, no less than three persons or firms regarding their qualifi~afions; approach to the pro- ject an~ ability to furnish the required service. 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 considering the following factors : (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) D~ility of professionml 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 person or firm by the City of Boynton Beach, Florida or its constituent commissions, boards, authorities and the like with the object of affecting an equitable distribution of contracts among qualified firms, provided suck distribution does not violate the principal of selection of the most highly quali- fied person or firm. Section 1. After the City Council of the City of BoyntQn Beach, Florida has ranked the persons or firms in the order required in Section 5 above, tke Competitive NeGotiation provisions of the Consultants' Competitive Negotiatio~ Act shall be implemented as [ollows: The City Administration shall commence negotiations -3- with the most qualified firm with the object of arriving at a contract and compensation which the Administration believes to be fair, competitive and reasonable4 After conducting negotiations with the most qualifie person or firm, the City Administration shall repor~ back to the City Council of the City of Boynton Beach, Florida the results of the negotiations and the City Cbuncil shall then either award the con- tract to the most qualified person or firm, direct the City Administration to conduct further nego- tiations with the mo~t qualified person or firm, or direct the City Administration to terminate negotiations with the most quali~fied person or firm an~com~aence negotiations, in accordance with the provisions above, with the second most qualified person or firm. In the event a satisfactory agree- ment cannot be reached with the second m©st qual- ified person or firm, negotiations will be termi- nated and henceforth commenced with the third most qualified person or firm. Section 7. 1. Should the City Administration, in the opinion of the Ci~ ~ounci/ of the City of Boynton Beach, Florida, be unable to negoti~ a satisfactory contract with any of the selected firms, the City Council of the City of Boynton Beach, Florida shall select add- itional firms in order of their competence and qualification and continue negotiations in accordance with the provisions herein con- tained until an agreement is reached. Section 8. 1. The City Administration zs hereby directed to adopt a ru or rules or procedure for the determination of a project under the Consultants' Competitive Negotiation Act and this ordinance. Thes procedures may include Determination of a project which constitutes a grou of minor construction, rehabilitation, or renovation activities. bo Determination of a pro]ect which constitutes a group~ of subsuantially similar construction, rehabilitatio~ or renovation activities. The above procedures and any amendments or deletions therefrom shall be submitted to the City Council of the City of Boynton Beach, Florida for approval, whi¢ approval may be made by motion. Section 9. 1o As to any City of Boynton Beach, Florida commissions, )oards, authorities and the like which have purchasing authority independent of the City Council of the City of Boynton Beach, Florida, the purchases of such bodies which are subject to the Consultant's Competitive Negotiation Act shall be processed in accordance with this ordinance; however, the comm~ssion~ board, authority or the like will itself perform the functions set forth in this ordinance that are otherwise applicable to the City Counci of the City of Boynton Beach, Florida. -4- Section 10. Separability: Each of the provisions of this ordinance are separable, including word, clause, phrase or sentenc~:r and if any portion therof shall be declared invalid, the remaining portion shall not be affected but shall remain in full force and effect° Section 1t. RepealingProvision: All ardinances or parts ordinances in conflict herewith are hereby repealed. Section 12. Authority to Codify: Specific authority is her~ by granted to codify and incorporate this ordinance into the City' existing Code. Section 13. An Effective Date: This ordinance shall become effective in the manner and at the time provided by law. First reading this ~ f day of ~ , 1977. Second, final reading and passage, this 3~ day of 1977. _ATTEST: CITY OF BOYNTON BEACH, FLORIDA ~~V e M~ayo~----~/~ Counci lme-w~5 er ZOU C ilmembe City Cler~ (Corp. Seal) -5-