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TO: Members of the DATE: FILE: <br />Board of County Commissioners March 8, 1983 , <br />SUBJECT: Agenda Item <br />Ordinance Relating to the <br />Consultant's Competitive <br />Negotiation Act <br />FROM: Gary M. Brandenburg REFERENCES: <br />County Attorney <br />The 1st District Court of Appeals has,lxecently decided the case of <br />City of Jacksonville vs. Reynolds, Smith & Hill, Architects, <br />Engineers and Planners, Inc.. This case indicates that the <br />Consultant's Competitive Negotiation Act contained within Florida <br />Statutes §287.055 (3) contemplates that local %overnments may con- <br />sider factors other than those listed in the sub -section relating <br />to qualification procedures for professionals interested in con- <br />ducting work for the local government. Using only the qualifl.ca- <br />tions contained in the act does not allow_ the'local government to <br />request the submission of fee quotations to be taken into consider- <br />ation in determining -the three most qualified firms before begin- <br />ning negotiations. Consequently, at the time the three top firms <br />are picked the County is not apprised of fee differentials and, in <br />fact, does not learn of each of the top three contestants' fee <br />quotations until negotiations have commenced with the respective <br />contestant. I would recommend that Indian River County adopt an <br />ordinance specifying what other factors are to be taker into con- <br />sideration in judging the three most qualified firms under the <br />Competitive Negotiation Act. By receiving fee <br />the County will be in a position to save considerablelmountsons upfofnt,' <br />money. <br />The Attorney emphasized that as it stands now, the <br />County judges the consultant's qualifications based on their <br />resume and knows nothing about fees until negotiations are <br />commenced. He urged that the County authorize his office to <br />compose an ordinance as recommended, and noted that the City <br />of Jacksonville has done this. <br />ON MOTION by Commissioner Scurlock, SECONDED <br />by Commissioner Wodtke, the Board unanimously <br />authorized the Attorney to draft an ordinance <br />as discussed above. <br />51 <br />