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Lake Wales (Current through Ordinance 2023-17, Adopted 7-05-2023) |
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Code of Ordinances |
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Chapter 2. Administration |
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Article IV. Procurement Of Property And Services |
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Division 3. Procurement Of Professional Services |
| § 2-423. Applicability. |
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Effective on Tuesday, March 17, 2020
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In accordance with the requirements of the "Consultants' Competitive Negotiation Act," F.S. § 287.055, all procurement of professional services as defined in section 2-424, will comply with the provisions of this division when professional services are required for a project and the basic construction cost is estimated to exceed the threshold amount provided in F.S. § 287.055 (3)(a)1. or for a planning or study activity and the fee for professional services is estimated to exceed the threshold amount provided in F.S. § 287.055 (3)(a)1., except in cases of valid public emergencies so certified by the city manager. |
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(Ord. No. 95-01, § 1, 2-21-95; Ord. No. 2000-16, § 1, 9-19-00; Ord. No. 2011-32, § 1, 12-20-11; Ord. No. 2013-17, § 1, 11-5-13; Ord. No. 2020-05, § 2, 3-17-20) |
| § 2-424. Definitions. |
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Effective on Tuesday, March 17, 2020
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The following words, terms and phrases, when used in this division, shall have the meaning ascribed to them in this section: Compensation. The total amount paid for professional services. Continuing contract. A contract for professional services entered into in accordance with all the provisions of this division between the city and a firm whereby the firm provides professional services to the city for projects in which construction costs do not exceed the amount provided in F.S. § 287.055 (2)(g) for study activity when the fee for such service does not exceed the amount provided in F.S. § 287.055 (2)(g) or for work of a specified nature as outlined in the contract required by the city, with no time limitation except that the contract shall provide a termination clause. Firm. Any individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice architecture, engineering, or land surveying in the state. Professional services. Those services within the scope of the practice of architecture, professional engineering, landscape architecture, or registered land surveying, as defined by the laws of the state or those performed by any architect, professional engineer, landscape architect, or registered land surveyor in connection with his professional employment or practice. Project. That fixed capital outlay study or planning activity described in the public notice pursuant to section 2-425. A project may include a grouping of minor construction, rehabilitation or renovation activities or a grouping of substantially similar construction, rehabilitation or renovation activities. |
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(Ord. No. 95-01, § 1, 2-21-95; Ord. No. 2009-12, § 1, 5-5-09; Ord. No. 2011-32, § 1, 12-20-11; Ord. No. 2013-17, § 1, 11-5-13; Ord. No. 2020-05, § 2, 3-17-20) |
| § 2-425. Public announcement and qualification procedures. |
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Latest version.
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(a) Each agency shall publicly announce, in a uniform and consistent manner, a request for qualifications on each occasion when professional services are required in accordance with section 2-426 (b) A request for qualifications shall be issued which shall include: (1) A detailed description of the services required. (2) The date time and place for submittal of qualifications. (3) All contractual terms and conditions applicable to the procurement of professional services. (4) The criteria to be used in determining acceptability of the qualifications. (c) The request for qualifications shall be advertised by the publication of a notice in the legal section of a newspaper of general circulation in the county at least once. A minimum of fifteen (15) days shall elapse between the date of publication of such notice and the date of receiving qualifications. In addition, a request for qualifications may be mailed to any firms which are known to be qualified to perform the services required. (d) Each agency shall encourage firms engaged in the lawful practice of their professions that desire to provide professional services to the agency to annually submit statements of qualifications and performance data. (e) Any firm or individual desiring to provide professional services to the agency must be certified by the agency as qualified pursuant to law. The agency shall make a finding that the firm or individual to be employed is fully qualified to render the required service. Among the factors to be considered in making this finding are the capabilities, adequacy of personnel, past record, experience, whether the firm is a certified minority business enterprise, and other such factors as may be determined by the agency to be applicable to its particular requirements. (f) If two (2) equal responses to a request for qualifications are received and one response is from a certified minority business enterprise, the agency shall enter into a contract with the certified minority business enterprise. (g) The public shall not be excluded from the proceedings under this section. |
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(Ord. No. 95-01, § 1, 2-21-95; Ord. No. 2011-32, § 1, 12-20-11; Ord. No. 2013-17, § 1, 11-5-13) |
| § 2-426. Competitive selection. |
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Latest version.
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For each proposed project exceeding the threshold amounts stipulated in section 2-423, the following requirements shall apply provided that nothing herein shall be construed to prohibit a continuing contract between a firm and the city: (1) The agency shall evaluate current statements of qualifications and performance data on file with the agency, together with those that may be submitted by other firms regarding the proposed project, and shall conduct discussions with, and may require public presentations by, no fewer than three (3) firms, regarding their qualifications, approach to the project, and ability to furnish the required services. (2) The agency shall select in order of preference no fewer than three (3) firms deemed to be the most highly qualified to perform the required services. In determining whether a firm is qualified, the agency shall consider such factors as the ability of professional personnel; status as a certified minority business enterprise; past performance; willingness to meet time and budget requirements; location; recent, current and projected workload; and 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, provided such distribution does not violate the principle of selection of the most highly qualified firms. (3) The agency may request, accept and consider proposals for the compensation to be paid under the contract only during competitive negotiations under section 2-427 |
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(Ord. No. 95-01, § 1, 2-21-95; Ord. No. 2011-32, § 1, 12-20-11; Ord. No. 2013-17, § 1, 11-5-13) |
| § 2-427. Competitive negotiation. |
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Latest version.
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(a) The city manager or his designee shall negotiate a contract with the most qualified firm for professional services at compensation which the city manager determines is fair, competitive and reasonable. (1) To assist the city manager in making such determination, the agency shall conduct a detailed analysis of the cost of professional services required in addition to considering their scope and complexity. (2) For any lump-sum or cost-plus-fixed-fee professional services contract over the threshold amount for Category Four (one hundred ninety-five thousand dollars ($195,000.00)), the agency shall require the firm receiving the award to execute a truth-in-negotiation certificate stating that wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of contracting. Any contract under which such certificate is required shall contain a provision that the original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete or noncurrent wage rates and other factual unit costs. All such contract adjustments shall be made within one (1) year following the end of the contract. (b) If the city manager or his designee is unable to negotiate a satisfactory contract with the firm considered to be the most qualified at a price the city manager determines to be fair, competitive, and reasonable, negotiations with that firm shall be formally terminated. The city manager or his designee shall then undertake negotiations with the second most qualified firm; failing accord with the second most qualified firm, negotiations with that firm shall be formally terminated. The city manager or his designee shall then undertake negotiations with the third most qualified firm. (c) If the city manager or his designee is unable to negotiate a satisfactory contract with any of the selected firms, the agency shall select additional firms in the order of their competence and qualification, and the city manager or his designee shall continue negotiations in accordance with this section until an agreement is reached. (d) All negotiations shall be formally documented in writing. A copy of said written documentation shall be forwarded to the city clerk for addition to the official records of the city and retention in accordance with the requirements of section 2-481 |
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(Ord. No. 95-01, § 1, 2-21-95; Ord. No. 2000-16, § 1, 9-19-00; Ord. No. 2011-32, § 1, 12-20-11; Ord. No. 2013-17, § 1, 11-5-13) |
| § 2-428. Prohibition against contingent fees. |
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Latest version.
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(a) Each contract entered into by the city for professional services shall contain a prohibition against contingent fees as follows: "The architect (or registered land surveyor or professional engineer, as applicable) warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the architect (or registered land surveyor or professional engineer, as applicable) to solicit or secure this agreement and that he has not paid or agreed to pay any person, company, corporation, firm or individual, other than a bona fide employee working solely for the architect (or registered land surveyor or professional engineer, as applicable) any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this agreement." For the breach or violation of this provision, the city shall have the right to terminate the agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. (b) Any person, company, corporation, firm or individual, other than a bona fide employee working solely for an architect, registered land surveyor or professional engineer, who offers, agrees or contracts to solicit or secure city contracts for professional services for any other person, company, corporation, firm or individual and is paid, or is to be paid, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of a contract with the city for professional services shall, upon conviction in a competent court of this state, be found guilty of a first degree misdemeanor, punishable as provided in F.S. § 775.082 or § 775.083. (c) Any architect, registered land surveyor or professional engineer, or any group, association, company, corporation, firm or partnership thereof, who offers to pay, or pays, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of a contract with the city for professional services shall, upon conviction in a competent court of this state, be found guilty of a first degree misdemeanor, punishable as provided in F.S. § 775.082 or § 775.083. (d) Any elected or appointed officeholder, employee, consultant or any other person receiving compensation from the city who offers, agrees or contracts to solicit or secure city contracts for professional services for any other person, company, corporation, firm or individual and is paid, or is to be paid, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of a contract with the city for professional services shall, upon conviction in a competent court of this state, be found guilty of a first degree misdemeanor, punishable as provided in F.S. § 775.082 or § 775.083. |
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(Ord. No. 95-01, § 1, 2-21-95; Ord. No. 2011-32, § 1, 12-20-11; Ord. No. 2013-17, § 1, 11-5-13) |
| § 2-429. State assistance. |
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Latest version.
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In accordance with F.S. ch. 287, the city manager may, on any professional service contract for which the fee is over thirty-five thousand dollars ($35,000.00), request from the department of transportation or the department of management services assistance in selecting consultants and in negotiating consultant contracts. The city shall reimburse said departments for any costs involved in providing such assistance. |
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(Ord. No. 95-01, § 1, 2-21-95; Ord. No. 2011-32, § 1, 12-20-11; Ord. No. 2013-17, § 1, 11-5-13) |
| § 2-430. Reuse of existing plans. |
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Latest version.
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Notwithstanding any other provision of this division, there shall be no public notice requirement or utilization of the selection process as provided in this division for projects in which the city is able to reuse existing plans from prior projects. However, public notice for any plans which are intended to be reused at some future time shall contain a statement which provides that the plans are subject to reuse in accordance with the provisions of this division. |
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(Ord. No. 95-01, § 1, 2-21-95; Ord. No. 2011-32, § 1, 12-20-11; Ord. No. 2013-17, § 1, 11-5-13) |
| § 2-431. Review of contract. |
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Latest version.
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Each contract for professional services procured under this division shall be executed in a form of agreement provided by the city or shall receive legal review and approval as to form before the contract is executed. No contract shall be approved which does not include the minimum provisions required by section 2-406 and the prohibition against contingent fees as required by section 2-428. |
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(Ord. No. 95-01, § 1, 2-21-95; Ord. No. 2011-32, § 1, 12-20-11; Ord. No. 2013-17, § 1, 11-5-13) |
| § 2-432. Contract manager. |
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Latest version.
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For each professional services contract, an employee shall be designated to function as contract manager who shall be responsible for enforcing performance of the contract terms and conditions and serve as a liaison with the contractor. It will be the responsibility of this employee to maintain a contract file and to ensure that contractual services have been rendered in accordance with the contract terms prior to processing any invoice for payment. |
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(Ord. No. 95-01, § 1, 2-21-95; Ord. No. 2011-32, § 1, 12-20-11; Ord. No. 2013-17, § 1, 11-5-13) |
| § 2-433. Record retention. |
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Latest version.
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For procurement of professional services under this section, the following shall be forwarded to the city clerk for addition to the official records of the city and retention in accordance with the requirements of section 2-481: (a) One (1) copy of the request for qualifications and one (1) copy of all responses. (b) Written documentation of the detailed cost analysis. (c) Written documentation of the competitive negotiations. (d) A copy of the city commission minutes documenting the contract award. (e) The original executed contract. |
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(Ord. No. 95-01, § 1, 2-21-95; Ord. No. 2011-32, § 1, 12-20-11; Ord. No. 2013-17, § 1, 11-5-13) |
| § 2-434. Validity of existing contracts. |
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Latest version.
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Nothing in this section shall affect the validity or effect of any contract in existence prior to the adoption of this article. |
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(Ord. No. 95-01, § 1, 2-21-95; Ord. No. 2011-32, § 1, 12-20-11; Ord. No. 2013-17, § 1, 11-5-13) |