2008-0142
INTRODUCED BY: PAUL J. HOGAN, PE, COUNCILMAN, DISTRICT IV
CAROLYN K. SCHEXNAYDRE, COUNCILWOMAN-AT-LARGE, DIVISION A
TERRY AUTHEMENT, COUNCILMAN-AT-LARGE, DIVISION B
SHELLEY M. TASTET, COUNCILMAN, DISTRICT II
DENNIS NUSS, COUNCILMAN, DISTRICT VII
ORDINANCE NO.
Title
An ordinance to amend the Code of Ordinances, Chapter 2, Administration, Section 2-12. Qualification based selection procedures for the procurement of architects and engineers, VII. Review Panel, (a) Membership, to amend the membership requirements.
Body
THE ST. CHARLES PARISH COUNCIL HEREBY ORDAINS:
SECTION I. That the Code of Ordinances, Chapter 2, Administration, Section 2-12. Qualification based selection procedures for the procurement of architects and engineers, VII. Review Panel, (a) Membership, be amended as follows.
As Written:
VII. Review Panel.
(a) Membership.
(1) The review panel shall be composed of five (5) members. The following members are appointed to serve thereon:
a. The director of the respective parish department, board, special district or commission for which the project will be done, or his designee;
b. One (1) member shall be filled by appointment of the parish council from a list of persons submitted by the President of Southeastern Louisiana University;
c. One (1) member shall be filled by appointment of the parish council from a list of persons submitted by the Chancellor of the University of New Orleans;
d. One (1) member shall be filled by appointment of the parish council from a list of persons submitted by the President of Tulane University;
e. One (1) member shall be filled by appointment of the parish council from a list of persons submitted by the President of Louisiana State University;
all of whom shall constitute the voting membership of the review panel, which shall elect its own chairman and such other officers as it deems necessary and appropriate, and shall have the authority to adopt rules, regulations, policies, procedures, and forms for the conduct of its business, consistent with the objective set forth in the qualification based selection procedures adopted by the parish council [subsections I-VI of this section].
(b) The members of the review panel shall be appointed by the parish council and shall be charged with the responsibility of selecting architects and engineers in accordance with the provisions set forth hereinafter.
(c) The following regulations shall govern the composition of the review panel:
(1) The director of the affected parish department, board, special district, commission or his designee shall be assigned to work with the review panel.
(2) No two (2) members of the review panel shall be employed by the same firm or agency; and no employee of the parish government, board, special district, or commission with the exception of the appropriate department director board, special district, or commission, shall be eligible for appointment to the review panel.
(3) Members of the review panel may be removed for just and reasonable cause during their terms at the discretion of the parish council. In the event a review panel member is removed or resigns, the nominating organization shall have the responsibility of selecting and submitting a new person to fill the unexpired term of the departing member.
(4) Members of the review panel shall be reimbursed for mileage to and from meetings.
(5) No firm in which a review panel member is an owner, associate, employee, stockholder or partner shall be eligible to receive any parish contracts during that individual's term on the review panel or for a period of six (6) months following the completion of that individual's service on the review panel.
(6) No member of the review panel and no member of that individual's firm shall perform services as a consultant to any firm which has received a parish contract, based on the recommendation of the review panel, during the period of the review panel member's service and for a period of two (2) years thereafter.
(7) The term of office for all members of the review panel shall be for a period of three (3) years, except that the first two (2) members appointed shall serve for a period of two (2) years and the second two (2) members appointed shall serve for a period of three (3) years.
Revised:
VII. Review Panel.
(a) Membership.
(1) The review panel shall be composed of five (5) members. Individuals appointed to serve as a member of the panel shall preferably be individuals with experience in engineering, industry, business, and/or education but it is not a requirement. The following members are appointed to serve thereon:
a. One (1) member shall be filled by appointment of the parish council of an individual submitted by Union Carbide Corporation, a wholly owned subsidiary of the Dow Chemical Company;
b. One (1) member shall be filled by appointment of the parish council of an individual submitted by Occidental Chemical Corporation;
c. One (1) member shall be filled by appointment of the parish council of an individual submitted by Monsanto Company;
d. One (1) member shall be filled by appointment of the parish council of an individual submitted by Shell Chemical Company;
e. One (1) member shall be filled by appointment of the parish council of an individual submitted by International-Matex Tank Terminals;
f. One ex-officio Parish Council member to be appointed by the Parish Council.
all of whom shall constitute the voting membership of the review panel with the exception of the ex-officio Parish Council member, which shall elect its own chairman and such other officers as it deems necessary and appropriate, and shall have the authority to adopt rules, regulations, policies, procedures, and forms for the conduct of its business, consistent with the objective set forth in the qualification based selection procedures adopted by the parish council [subsections I--VI of this section].
(b) The members of the review panel shall be appointed by the parish council and shall be charged with the responsibility of selecting architects and engineers in accordance with the provisions set forth hereinafter.
(c) The director of the affected parish department, board, special district, commission or his designee shall be assigned to work with the review panel. The director or any other individual shall be strictly prohibited from influencing the panel or making any comments to the review panel with regards to his opinion of or past experience with any firm or agency being evaluated with the exception of comments by the director regarding past performance on St. Charles Parish projects. Possible violation of this requirement shall be brought to the attention of the chairman by any member affected. If the violation is found to have merit by the chairman, this shall cause the submittal which could benefit from the violation to be removed from consideration. Possible violations and violations resulting in the removal of a submittal from consideration shall be documented in a detailed report. The report shall identify the violation or the alleged violation, the action taken by the chairman as it pertains to either, and shall be forwarded to the parish president and the parish council within 48 hours.
(d) The following regulations shall govern the composition of the review panel:
(1) No two (2) members of the review panel shall be employed by the same firm or agency; and no employee of the parish government, board, special district, or commission with the exception of the appropriate department director board, special district, or commission, shall be eligible for appointment to the review panel.
(2) Members of the review panel may be removed for just and reasonable cause during their terms at the discretion of the parish council. In the event a review panel member is removed or resigns, the nominating organization shall have the responsibility of selecting and submitting a new person to fill the unexpired term of the departing member.
(3) Members of the review panel shall be reimbursed for mileage to and from meetings.
(4) No firm in which a review panel member is an owner, associate, employee, stockholder or partner shall be eligible to receive any parish contracts during that individual's term on the review panel or for a period of six (6) months following the completion of that individual's service on the review panel.
(5) No member of the review panel and no member of that individual's firm shall perform services as a consultant to any firm which has received a parish contract, based on the recommendation of the review panel, during the period of the review panel member's service and for a period of two (2) years thereafter.
(6) The term of office for the first two appointees after adoption of this ordinance shall serve for a one (1) year term, the third appointee shall serve for a two (2) year term, and the fourth appointee shall serve for a three (3) year term. The term of office for all subsequent members of the review panel and the ex-officio member shall be for a period of two (2) years.
(7) Members are restricted from having any discussions with the Parish President, the Parish Council, or any other individuals with regards to their consideration and ranking of future and/or past submittals in an attempt to influence the ranking process.
Vote
The foregoing ordinance having been submitted to a vote, the vote thereon was as follows:
And the ordinance was declared adopted this _ ___ day of ____________, 2008, to become effective five (5) days after publication in the Official Journal.
AMEND QBS MEMBERS 3
CHAIRMAN:_________________________________________
SECRETARY:________________________________________
DLVD/PARISH PRESIDENT:____________________________
APPROVED:______________ DISAPPROVED:_____________
PARISH PRESIDENT:_________________________________
RETD/SECRETARY:__________________________________
AT:_______________ RECD BY: ________________________