Here is the Florida State Statute
that the City is operating under regarding the Pier Selection process.
Title XIX Chapter 287.055
Section
(4) Competitive Selection (a, b)
(a) For each proposed project, 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 firms regarding their
qualifications, approach to the project, and ability to furnish the required
services.
(b) The agency shall select
in order of preference no fewer than three 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; whether a firm is a certified minority business
enterprise; past performance; willingness to meet time and budget requirements;
location; recent, current, and projected workloads of the firms; 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. The agency may request, accept, and consider proposals for the
compensation to be paid under the contract only during competitive negotiations
under subsection (5).
The
first question that comes to mind is, can the City Council or the
Administration delegate away the City Council's responsibility as defined in
the State Statute? I do not see in the Statute anywhere the "Agency" is allowed
to delegate their responsibility.
Second,
did the City Council actually, by formal vote, delegate the final ranking of
the top three Pier designs to the Selection Committee? Or is the Selection Committee's
final output simply a report for