HomeMy WebLinkAboutO-08965O[fttMCE nriP
AN 'ORDINANCE E' SL1 UIN PROCEDURES IN CONTRACTINO
FOR CERTAIN PROFESSIONAL SERVICES EY THE °CITY;
ESUOILtSHINO COMPETttIVE NECOTiATfONS FOR FIRMg OR
IND/V/DUALS EROVtb1N4 SUCH PROFESSIONAL SERVICES;
AND PROVIDINO FOtt tHE INCORPORATION OF gAID
PROCEDURES WITHIN THE CITY 'CODE OF TUE CITY OF
MIAMI; FLORIDA, AS 61647 THEREOF; CONTAINING A
REPEALER PROVtStON AND A SEVERARttrTY CLAUgt.
BE IT OkbAINt D BY THE COMMISSION OF THE CITY OF MIAi4t, rtORI A:
Section 1. The acquisition of professional architectural, engineering,
landscape architectural or land surveying services by the City shall be
governed by the following provision's which are hereby incorporated within
the City Code of the City of Miami, Florida, as Section 16--17 thereof:
"Sec. 16-17. Acquisition of professional architectural, engineer-
ing, landscape architectural or land surveying
services.
(1) Definitions.
(a) "Professional services" shall mean those services
within the scope of the practice of architecture,
professional engineering, landscape architecture,
or registered land surveyor in connection with his
professional employment or practice.
(b) The term "firm" means any individual, firm, partner-
ship, corporation, association, or other legalentity
permitted by law to practice architecture, engineering,
landscape architectural or land surveying services.
(c) The term "compensation"means the total amount paid
for a particular professional service to a firm by
the City of Miami.
(d) The term "departments and agencies" means departments,
instrumentalities or branches. of the city government
under the supervision of the city manager.
(e) The term "project" shall mean that fixed capital outlay
study or planning activity described in the public
notice of the City of Miami pursuant to Sections 30 and
34 of the Charter. The city manager shall prescribe by
administrative rule, subject to approval of the city
commission, procedures for the determination .of a
"project"as the term is used herein. Such procedures
may include;
1. Determination of a project which constitutes ,a
grouping of substantially similar construction,
rehabilitation or renovation activities.
2. Determination of a pro, Apt which constitutes a
grouping of minor construction, rehabilitation
or renovation activitea.
tt) Ite tetMH"eiltantiinktettifate ithall40111.
etttfattInt OrefeaSiOnal MetUltel tlitetad
inn in 411C6Ordftt4t With all the prOtednrea„
tf 'Chapter 2871 FlPritia 8tatuteal
AffielldAd# and this Stain' AS amended, between
the City Miami and A firth whereby the firth
provides professional services tt the tity-tf
Miami for work of a Specified nature AS outlined
it the Contract required by the city of Miami,
with -fit limitation eltept that the tontrAtt
shall provide d termination clause.
(2) Public annbuficemehti The public announcement required
by Florida Statutea, chapter 287, shall be given by theCity
manager when professional services are required by a tity-
department or dieOdy. ,gtith antouncetent shall be made by
publishing the same ift a newspaper of general circulation
setting forth a general description 'of the project or projects
requiring professional services,the type Servites, and pre-
scribing the procedure to be followed by any firm wishing
to be employed to perform such services. In tddition, a copy
of the announcement shall be tent tp each firm already, tertified
manner set forth in:section 16-17(4) herein.) to perform the
type of service required and which has requested sUch nttifica-
tionto be sent to its address.
(3) Submission of qualifications. The city manager shall
encourage firms engaged in the lAwful practice -of their
profession who desire to provide professional services to
the City to submit on or before January 1, 1980 and annually
on that date thereafter, a statement of qualifications and
performance data, Such statements shall be on a form
provided by the city manager who also may require additional
information, and which shall be kept on file with the city
clerk.
(4) .Certification committee; guidelines.
(a) The city commission shall appoint a -certification
committee consisting of not less' than three (3) '-. •
members all of whOm shall beprofessionals in the
field of endeavor or practiceinvolved. The. duty of
such certification committee ahall.be to review
the statement of qualifications and Performance
data submitted by eachfirm requesting certification
and to ascertain whether the firm is fuily
qualified to render the required services according'
to lawand the regulations which the city manager
shall cause to be prepared. Among the'factorato
beconaidered in making this finding atethe.
capabilities, adequacy of personnel, past performance,
and -experience record oflirm The'Committee.mtY
accept certification of the firm by the State of
Florida Department of Transportation or the State' of
Florida -Department of General. ServiCes as prima.
facie evidence ef such qualification; provided, no
changes in technical and professional personnel have
occurred.that may affect thefirm's qualifications
since the date of state cattifiCeton;
(b) certification shall specify the particular category
of professienal work: in which the firm is found
gualifiech The certification comMittee shall
evaluate the perforlancv of each'certified.firM that
seek s to _render profesSional servioevand $halt,
'Pace that evaluation part of permanent reeer4 to
be considered:then andOenvver the ftrm ig apitl
tn consideration*. The committee* in mal4n$ 4A
ovalnation* shall give oonsideratiop co performance
in meeting time schedules required by contracts;
performance it dminigtration and in cnoperatiots
with'tthers whose services will be.invsived in.the
project$ including the eanttruction trantractor; adequacy
and capability of personnel past reet,rd and experience;
and such other factors as may be determined by the city com=
mission to be applicable and.which factors shah be
contained in the regulations which the City corhissiott shall
cause,to'be prepared.
(c) Amendments to qualification statements attd data shall be
submitted 'to the city manager by firths immediately after
any thanges in technical or professional personnel.that'
may affect the fitm's quaiifieations or capabilities.
Upon receipt of any such amendment the tettification
committee shall again review the qualifications of the
firth' to ascertain whether the firm is still qualified. if
it. is found not to be qualified, the committee shall
tevoke the certification for the particular category of .
service for which the firttt,had been previously certified.
(5) Competitive selection.
(a) The decision to engage a firth to provide professional
services shall be trade by the city cotntnission upon the
recommendation of the city manager. The commission
shall designate the project as either a Category A
project or a Category B project, the former Category '(A)
comprising those projects which are of such nature that
one or more city commissioners will be required to
serve upon the competitive selection committee as
hereinafter provided,' Any project not designated as a
Category A project shall be deemed a Category B
project.
(b)(i) The city commission shall appoint a competitive selection
committee for each project in Category A. Such committee'
shall have no' less than seven.members made up as follows
one representative of the administrative department which
shall have been charged,by.the city manager with overall
responsibility for the 'project; one representative of each
administrative office or board which shall have been
identified by the city manager as being a principal user
of;the.project with a maximum number of three such representa-
'tives; the director of the Building and Zoning:Inspection
Department or his designee; the' city manager'or his designee;
one or more members of the city commission;_ one or more'
professionals in -the field of endeavor or practice involved;
the number of members on the committee will depend upon
the nature and'complexity of the project.,
(ii) The city manager shall appoint a competitive .selection
committee for each' project in Category D. Such committee
shall have no.less_than six members made up as follows:
one representative of the administrative department
which shall have been charged by the ci-ty manager with
overall responsibility' for the project; one representative
of each administrative office or beard which shall
hgve been identified by the city manager at being a
principal User tf the project With a maxima number
Of three such representatives; the -director of the
huilding and toning inspection Department nor his
designee;the director of the pinance Departmenttsr
his designee; the' city tanager or his designee; one
or more profesaionala in the field. of endeavor ar
practice involved; further, each member of the city
commission is eligible to serve _etc as a
member of' the committee; the number of members on
the cothTi'ttee will depend upon the nature and
complexity of the project:.
(iii), All further references to the tern "competitive
selection committee" in the following sections of
this ordinance shall be deemed as references'to
both the competitive selection committee for
Category A projects and Category h projects.
(c) The city, commission shall appoint as chairpetson of
the competitive selection committee either the
Member representing the department or the member
representing the principal user(s) of the project.
(d) The -chairperson and the projects manager, together
with the using agency of the project, shall develop
criteria for the selection pursuant to, section 16-17(6)
hereof.
(e) The competitive selection committee shall evaluate
current statements of qualifications and performance
data on each firm which has requested consideration
for the project and shall select several of the
candidate firms having the size and technical
capabilities most appropriate for the project. The
competitive selection'committee shall invite no
less than three (3) firms which are found fully
qualified to perform the required services to make
their presentations to the competitive selection
committee in public after due notice. A reasonable
time shall be allotted to each firm to make its
presentation. In the event less than three (3)
firms have exxpressed interest to provide services
for the project, the chairperson of the competitive
selection committee may either readvertise the
project; or invite the less than three (3) interested
firms, depending upon the circumstances..
(f) The competitive selection committee shall evaluate each of
the candidate firms in accordance with the criteria
guidelines and shall identify the most qualified firms in
rank order,
(g) The competitive selection committee shall report its
findings, together with supporting data. to thecity
manager and shall file a .copy of its findings with the
city .clerk.
th) the city Manager •ghall aubmit resolution td the
coMMigaidn of the city whereby the cdmmigaitn tf the
city will approve the names tf the Mgt qualified firms
in rank 'Order and Will authorize the city Manager tt
•enter into negotiations purguant to gedtion 16-11(7)
herein, It the event the etmMissidn of the city will
not approve the names of the Mgt qualified firma it
the rank order submitted by thd dity manager, the
cOMMiM41011 of the city shall eithdr (i) for% a teW
competitive selection committee from among the
commissioners of the city commissionl Or (ii) appoint
a new competitive seledtion committee; or (iii)
authorize the city manager to appoint a new competitive
selection CoMMittee, The new competitive selection
committee shall then identify the most qualified firms
for approval by the city commission by following the
procedures get forth herein.
(i) The public shall not bo excluded from the proceedings
under this section.
(6) Competitive selectiOn Criteria,
(a) Competitive selection criteria shall be established prior
to the selection of firms and shall consider such factors
as the ability of.professional personnel, past performance',
willingnesi to meet time and budget requirements, the.
recent, current and projected workloads of the firms, the
volume of work previously awarded to each firm by the
agency with the object of effecting an equitable
distribution of contracts among qualified firms, -locations
of firms and the capability of the firms to meet any
special requirements which may be required by the city or
other agencies, havingan interesi,in-the project.
(b) When proposals or letters Of interest are received
pursuant to Chapter, 287,Florida Statutes, of this section
which. originate from_professional or consulting firms:
within the city, and quality, service, qualifications
and criteria dictated by the project' are equal, then
firths within, thecity'shall be given preference with
second preference given to firms within Dade County.
This lOcal preference and the distribution of workamong.
firms shall not violate the prificipleOf'Selection of
the moat qualified 'firm for each project.
(7) Competitive negotiations.
(a) The city manager. or his designee shail attempt to. negotiate
'a professional services contract -for the project with the
ftrm which has ranked:firstfor'a.'.compepaation which,he
has determined to be fair,. competitive, and reasonable,
Inarriving at a compensation figure the manager or his.
.4esigneeshall conduct detailed analysis of the cost of the
professional. services required, and *tall:give fufl.
consideration to the' extent and_complexity-of the services
' required, For all lump sum or cost plus or fixed fee
contracts in Which the foe' will exceed fifty thpusand-pltarS
($50,000,00), the pity will.require the firm receiving the -
award to exeCute'a truth-irt7peptiation certificate as
rewired by Chapter 207, Florida Statutes,
.5.
(b) Should Ehe city manager or hits designee be unable to
negotiate a satisfactory contract with .the firm that has
ranked first at a price which he believe§ to be fair,
competitive, andreasonable, negotiations with that firm
shah be formally terminated, The city manager or his
designee that]. then undertake negotiations with the
firm which ranked second, tailing accord with this firm,
such negotiations shall terminate, and negotiators shall
then undertake negotiations with the first ranked third,
(c) Should the city manager or hie designee be unable to
negotiate a satisfactory contract with any of the selected
firsts, additional firms that]. be negotiated with in rank
order of competence and qualification until an agreetnent
is reached. The negotiated agreement shall be presented
to the city cotmiiission for approval.
(8) Prohibition against contingent fees. gash -contract for professional'
services shall contain a prohibition against contingent fees, as required.
by Chapter'284, glorida Statutes. gor the breach or violation of
this provision, the city commission may terminate the agreement without
liability or, at its discretion, deduct from the,contract price, or
otherwise recover, the full amount of'such fee, commission, percentage,
gift or consideration.
(9) Public emergency. When the city manager is of the opinion and certifies
that a valid public emergency exists, there shall be 'no public notice
requirement or utilization' of the selection process as, provided in
subsections (2) and (5) herein.
(10) Miscellaneous provisions.
(a) Nothing herein shall affect the validity or effect of any
contracts in existence at the effective date hereof.
(b) :Subsections (2) and (5) hereof shall not apply to professional
servicescontracts for a project whose :basic construction
cost is estimated by the city to be one hundred thousand
dollars ($100,000.00) or less or for a planning or study activity
when the fee for professional services is -five thousand dollars
($5,000.00) or less.
(c) Notwithstanding any other provision of Chapter 287, Florida
Statutes, as amended, or this section, there shall be no
public:notice requirement or utilization of the selection
process as provided: herein for projects, in which the agency is
able to reuse existing plans from a prior project; provided,
however, subsequent to July 1, 1979; public notice for:any
plans which are intended to be reused at some future time shall
contain a statement which declares that the plans Ore subject
to reuse in accordance with the provisions of this subsection."
Section 2. If any section, part of section, paragraph, clause,
Phrase or word of this ordinance is declared invalid, ,the rainaining provisions
of the ordinance shall not be affected,
Steam 3. All Ordinances or parts of ordinances; insofar .ag -
they are inconsistent or itt conflict with the provisions of this ordinance,
are hereby repealed.
RASStb ON MST BEADING BY TIME ONLY this ......_: 2...w day of
__.._ .w ....._,.. 3 1979.
PASSED ANb ADOPTED ON MONO AND FINAL REAbING BY TIME ONLY this ....._..23rd..
daY of ....M.:,Iuly.....,._ _. _. _. , 1979.
ATTEST:
PREPARED AND APPROVED BY:
ROBERT F. CLARK
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
ORGE F. . KNOX, JR..
CITY ATTORNEY
Maurice A.'Verre ...
MAYOR
' REii�litD
ltItitIV
'isdtit:fttll O'!ltlp 44ltet'{'Jt Setitfitdtr,
bt?jOiI 'i`tdltt't$ivS
MilltCV, Y'Jddp tatnifiif, *I01.46e.
tAtt OP *L'C hlb-A
teiLrldt, O0 bAl :
Itte`t 0. the undersigned atitho`rftq pp'rsoitally
ltppetired 'Beckyy Catkey, *ho on Oath Stitt that She is
th'e 'Assittant Director of Leg&I Adyartiting Of the
lllfialfif Review and Daily 'Retdrd, a daily textept
Saturday. Sunday andLegal Holidays) ne*spdper-
published at Miathi in bade County. Florida; that the
attached copy of advertisement, being a 'Legal
Advertisement oh Notice in the 'hatter 'of
CITY OP M AMI
R�.. Otd1nence Nes 8966
in the _........... ... .. ... Court,
was tublished in said newspaper in the issues of
July 80, 1070
Attiant.further says :that the said Mianii Review
and baily Record is a newspaper published at Miatni, in
said bade County, Florida, and 'that the said newspaper
has 'heretotofe .been continuously published in said
bade County, Riorida, each day textept Saturday.
Sunday and Legal Holidays) and has been entered as
second class mail Ihafter at the post office in Miami, in
said Dade County, Florida, for a period of one year heat
preceding the first publication of the attached copy of
advertisement; and Want further says that she has
neither paid nor promised any person; firm or
corporation any discount. rebate. 0 ton or refund
for the purpose 'of securing ,Nil !act (ftoment for
publication in the said newt)...
t and, ubsC 414 isto
8 ajt In
tJtil.'s• Public S Ali i t...:vCJt .li=! Large
-SSEtLr
M, rOrYtri Ssinn otwrp, „'y 17 1e82
.R130
-OA t COUNTY PLIAli
1.E11A4 Pi Mitt
All Interes'iea will laR* Witt trill eh me 9Sf tl 9bw-St.Juty, .14f9, 4ht
City >`t5fttttil3sliill of iiAiethl, Flbride one eHiS�Jfed tti! tdllf)1Ving
WWI OrelnArree:
ORbINANct Nb. Mt
AN fiRO1NANte' ESTABLISHINO 'PROttbu-kit .IN'
6ONtRAtt1NOPORCERTAINPROPMIN A.S> RViC>=S,.
?Hl='CItY; RS1ABLl HIND COMPEtit1VE NRO6tIA•.
PPSOPESONAL SRRVICES; ARO PItOV1DiN01NO 'PONs'tFtE
1NtORPORATION OP SAID 'PROCEDURES WltH'N 114
'CITY COW Cr 11.1E CITY-DP'MIAM1,'FLfDRIBA, At Stie lei .'
11' tWEREOF CONIAININCv A REPEALER•PROV$S,ON:
- ANO A SI=VE'RABILIiY CLAUSE. -
RALPH O. ORO E
City CLERK
CITY OP MIAMI. FL'ORlbA
�tibiitaii6n of this IVbliite an :the it) day ist July 1959 „ Mt9.Ot30�a
JUL
Jogtph R. drags§ie
7R75 gay i, i`9
tit lRAtiligA L
`?(LE
u"IVc ottauitaintsf Competitive Negotiat
Aet .* ttitriplitinte tst`a.edute
^F.rtno.,dte: City Cotfliti§sieri Agenda
of May 22, i979
vmc.Lesuist,d, a)
You are t`eq ues ted to place the attached proposed orditatice oft the
City Cotnmissioft Agenda of May 22, .1979: -
bue to the changes that have been made ifs the attached ordinance
since its first reading in January, 1979, it is accessary to Again
place it on the Agenda for a first reading.
Copies are being hOtewith ,distributed to the Metnbets of the City
Commission.
GPK/Rn/rb
cc: HonorableMembers .of
the City Commission
HONOf ABtt MtMttR8 OP TNT
CITY COMMON
,V. kno
Cit Attorne
April SO, 1070
Consultants' Competitive Negoti:atiOn
Act .ti. Compliance Prt t edure
teferred Agenda item #12 ' City
Commission Meeting of March 8, 1970
Revised Alternative Versiott
This matter was origihally the subject of an Agenda Itetrh ih May, 1978, and
came oh for first reading in January, 1979.
At the request of the Commission, an alternative version has been prepared
which provides for the City Commission to appoint the Certification Citttmittee
rather than the City Manager. This change is reflected in Section 4(a) and (b),
pages 2 and 3, of the attached version.
The attached draft also provides for the City Commission to make the original
decision that a firm be engaged to provide professional services .upon the
recommendation of the City Manager (Section 5(a), page 5 of the alternative
version). The draft provides for a designation by the City Commission of
projects into two categories: "A" and "$". In Category "A" projects there
is a requitement that a member of the City Commission serve on the Competitive
Selection Committee. Category "B" projects comprise all those projects not'
included in Category "A". In the Category "B" projects; any member of the
Commission may serve on the Competitive Selection Committee, if he of she so
wishes due to his or her status as a Commissioner.
In the attached version, the City Commission appoints the Competitive Selection
Committee for each of the Category -A ,projects (Section 5(b)(i), page 3,
alternate version). Further, the Commission appoints the. Chairperson of the
Competitive Selection Committee for Projects in both Categories (Section 5(b)
(iii), page 4).
There is a positive requirement in.the attached draft that any public
presentation of the Competitive Selection Committee be made after due notice,
which provision was not present in the proposed ordinance at the January, 1979
meeting.
In :Section 7(c), at page'S of the attached version, a change has been.made.to
provide for continuing negotiation in rank'order of competence and qualification,
in the event of an unsatisfactory negotiation effort by the City Manager or
his designee with the original three (3) firms. The prior version submitted
by the City Manager called for a further selection process to take place,' in
the event of such unsatisfactory negotiation.
GFK:RFC;S/2
Attachment