Agenda 02/10/2009 Item #16E10
Acenda !tern i'Jo. 16E 1 0
'. ~9bruary 10, 2009
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to amend the purchasing policy to allow for limited "best
value" competition among firms already under fixed term professional
services agreements with Collier County.
OBJECTIVE: To enable the County to consider price and cost among other
factors when distributing work among professional services providers already
under fixed term contracts with the County.
CONSIDERATIONS: Section 287.055. F.S., known as the Consultants'
Competitive Negotiation Act (or "CCNA") sets forth the general procedure as to
how state and local agencies enter into contract with outside architects,
engineers, landscape architects and surveyors. The law prescribes a three phase
procurement process that includes uniform public announcement, competitive
selection and competitive negotiation. The current law is a qualifications-based
method that prohibits public agencies from considering price in the initial
selection phase. Once the competitive selection and negotiation process is
complete, the negotiated agreement is brought to the Board for approval and the
process set forth in the statute is thereby completed and satisfied.
Under Article VIII., Section 1(f), of the Florida Constitution, non-chartered
counties are granted what is referred to as the "power of self government". In
other words, the discretion to enact ordinances (and policies) provided that these
laws do not violate existing state or federal laws. Under this authority and other
general authority granted to counties under Florida law, the Collier County Board
of County Commissioners incorporated the use of fixed term contracts into the
County's purchasing policy in 1996. Fixed term contracts are agreements
between the County and one or more vendors/consultants wherein the County
may order goods or services on an "as needed" basis.
The County frequently enters into fixed term contracts with CCNA consultants for
professional services. Staff often refers to these as "master agreements". The
procurement of CCNA master agreements is completed in accordance with the
three phase process as described above. The CCNA statute does not sanction
nor prohibit the use of fixed term contracts for professional services. Therefore, it
has and continues to be staffs position that the County has the constitutional and
statutory authority to employ this form of contracting for the acquisition of
professional (and other) services.
--
Historically, Collier County has distributed work under CCNA fixed term
agreements through the issuance of a work order to one of the firms under
contract. For many years, departments were permitted to request a work order
with any firm of their choosing already under a fixed term contract. In recent
years, the Purchasing Department has taken steps to broaden the participation of
all firms under a given contract by systemically rotating work orders among the
firms while aiso taking into account exceptional circumstances.
its;y; i'JcI i6::.10
:=2~XU]ry :0 2U09
?3:J8 2 cd'S
Staff would like to begin to strategically modify how work orders are distributed
among firms under these agreements. Specifically, staff is recommending that
Section VII.C of the purchasing policy be amended to give staff authority to solicit
'best value" proposals from multiple firms under various fixed term contracts. In
this instance, the term "best value" refers to selecting the firm whose proposal
would provide the greatest overall benefit to the County taking into consideration
qualifications, experience, price/cost and other factors relevant to the particular
task. It is staff's general intent to solicit quotes for orders that exceed the
County's formal competitive threshold (which is currently $50,000). In
accordance with existing practice, work orders in excess of $200,000 will be
brought to the Board for approval.
Staff believes that the prudent use of a "best value" procurement method for
acquiring these services will enhance the competitiveness and accountability of
the acquisition process. Similar practices have been successfully implemented
in other counties within Florida and across the United States.
LEGAL CONSIDERATIONS: Staff's proposal is in compliance with Section
287.055, Fla. Stat., the Consultants' Competitive Negotiation Act (CCNA). The
purchasing policy will continue to strictly comply with the provisions of the CCNA
for public announcement, competitive selection and competitive negotiation. This
proposal will provide additional requirements for selecting firms for specific tasks
once the CCNA requirements are satisfied.
This item is not quasi-judicial and as such requires only majority vote. This item
is legally sufficient for Board action.-CMG
FISCAL IMPACT: There are no direct costs associated with implementing this
change. It is hoped that this change in policy will serve to lower the costs of
services provided.
GROWTH MANAGEMENT IMPACT: There is no impact on the Growth
Management Plan.
RECOMMENDATION: That the Board of County Commissioners formally
amends Section VII of the purchasing policy to authorize staff to solicit "best
value" proposals from firms under fixed term contracts for professional services
with the County.
PREPARED BY: Steve Carnell, Purchasing/General Services Director
Page 1 of 1
,Acjsnda Item r'~o, 16E10
- February 10,2009
?age 3 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16E10
Recommendation to amend the Purchasing Policy to allow staff to solicit proposals from firms
under CeNA Fixed Term Agreements.
Meeting Date:
211012009 90000 AM
Approved By
Colleen Greene
Ass!stant County Attorner
Date
County Attorney
County Attorney Office
1128120094:15 PM
Approved Hy
Steve Carnell
Purchasing/General Svcs Director
Date
Administrative Services
Purchasing
1/29/20097:40 AM
Approved By
Len Golden Price
Administrative Services Administrator
Date
1/29/2009 9:00 AM
Administrative Services
Administrative Services Admin.
Approved By
OMB Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
1129/2009 11 ;54 AM
Approved By
Laura Davisson
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
1/30/2009 9:47 AM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
2/212009 1 :30 PM
Approved By
James V, Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
2/2f2009 4:46 PM
file://C:\AgendaTest\ExDort\] 23-Februarv%20] O. %202009\] 6.%20CONSENT%20AGEND... 2/4/2009
:~8m !'..JO. h3E 'I 0
February 10, 2009
?clge 4 of 5
SECTION VII..
C. Requests exclusively for services defined under VII.B.2 will be procured in a
manner consistent with Section 287.055, F.S., known as "The Consultant's
Competitive Negotiation Act" as required by said statute. Projects may include, but
are not strictly limited to one or more of the following:
1. Fixed assionment contracts: A grouping of minor professional service
(including construction inspection services) assignments.
2. Fixed term contracts: Countywide agreements for various and miscellaneous
minor professional services (including construction inspection services) on an
as needed basis.
3. General Professional Services: Includes administration, support and
management of engineering, architectural, surveying and planning activities.
Prior to issuing a work order under a contract identified under Section
VII.C.1-3, the Director shall have the discretion to solicit project or
task specific proposals from one firm or from multiple firms under a
fixed term contract. In such instances, each solicitation shall be
issued on a "best value" basis where qualifications and price are
considered. Each solicitation shall include at minimum a description
of work to be performed and the criteria to be used to evaluate each
proposal. For all "best value" based solicitations, price shall not
exceed 50 percent of the total evaluation criteria.
The Director shall be authorized to approve all work orders where the maximum
initial dollar amount does not exceed two hundred thousand dollars ($200,000) and
where the maximum initial contract amount does not exceed seven hundred fifty
thousand dollars ($750,000). Any work order and/or contract that exceeds that
amount subsequent to award and prior to completion of the work shall be subject to
the provisions of Section XV.C of this resolution. Projects shall not be sub.divided
to circumvent the dollar thresholds established herein.
All fixed term agreements issued under this section shall be eligibie for extension
or renewal in accordance with the provisions of Sections XV.D and E respectively.
Agenda !tern hlo, 16E10
cebruary 10, 2009
Page 5 of 5
RESOLUTION NO. 2009,,_
A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS TO AMEND COLLIER COUNTY RESOLUTION 2008-181 TO
AMEND THE PURCHASING POLICY,
WHEREAS, Collier County Ordinance 87-25 prOVides for the establishment of a
purchasing policy to govern all aspects of purchasing administration; and
WHEREAS, the Board of County Commissioners adopted Resolution 2008-181 on
June 10, 2008, setting forth its purchasing policy; and
WHEREAS, the Board of County Commissioners has previously expressed
support for efforts to reform the Consultants' Competitive Negotiation Act ("CCNA"),
Section 287.055, Fla, Stat., at the state level; and
WHEREAS, the Board of County Commissioners has been granted the power of
self government under the Florida Constitution; and
WHEREAS, County staff has proposed changes to the County's purchasing policy
that would enable the County to disllibute work orders on a "best value" basis to
professional services firms under fixed term contracts previously procured under strict
compliance with the CCNA as set forth in the proposed modified policy language.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
Resolution 2008-181 as presently constituted, is hereby amended by this
Resolution and shall serve to amend the Purchasing Policy attached hereto and
incorporated herein by reference.
This Resolution adopted this _ day of
second and majority vote favoring same.
, 2009 after motion,
ATTEST:
DWIGHT E BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Deputy Clerk
By:
Donna Fiala, Chairman
Approved as to form and
legal sufficiency:
00lleen Greene
Assistant County Attorney