Agenda 06/22/2010 Item #10C
Agenda Item NO.1 OC
June 22, 2010
Page 1 of 25
EXECUTIVE SUMMARY
Recommendation that the Board review the attached documentation of the work that was
done for the County, and based on a determination for each vendor that the payments
sought fairly and equitably reflect the fair value of the work done and materials furnished
to the County, for which the County has benefited, directs the Clerk of Courts to pay the
attached invoices.
OBJECTIVE: For the Board to determine that the attached unpaid invoices pertaining to
completed professional services provided to the County should be paid and to so direct the Clerk
of Court to make payment.
CONSIDERATIONS: On February 10,2009, the Board of County Commissioners approved
an amendment to the purchasing policy to allow for limited "best value" competition among
firms already under fixed term professional service agreements with Collier County. The policy
was implemented that May after public discussions and interaction with the consultants under
contract and County staff. In January 20 I 0, the Clerk of the Circuit Court received three letters
from Tallahassee law firms, representing various !,'fOUPS that fall within the application of the
CCNA. These firms took the position that Collier County's BVO Policy was contrary to the
CCNA. By letter dated February 22, 20] 0, Mr. Brock infonned the Board that his Office had
received three letters from attorneys representing professional organizations questioning the
validity of the County's BVO process, that his Office was revicwing the legality of payments
undcr this process, and that he was ceasing payments until the legality can be determined. A
copy of Mr. Brock's letter, together with the three letters he received, is included as part of this
agenda package. Based on the Clerk's concerns, statT agreed to temporarily suspend the BVO
process until this matter is resolved.
In an effort to bring closure to this matter, by lctter dated April 8, 2010, Mr. Brock sought a
formal Attorney General Opinion regarding the lcgality of the Clerk making payments to various
firms providing professional services to Collier County undcr the CCNA. By letter dated June 7,
2010 the Attorney Gencral issued his opinion, a copy of which is attached to this agenda item.
The Attorney General Opinion had two conclusions: (I) there is nothing within the CCNA which
"authorizes an agency to include compcnsation rates as a factor in the initial consideration and
selection of a firm to provide professional services"; and (2) that "the CoIlier County
Commission is authorized to detcrmine the validity of an equitable claim such as quantum meruit
and the Clerk of the Circuit Court may pay such claim at the County's direction." It is this
direction that this Executive Summary seeks.
Attachment I is a list of invoices submitted by firms who were selected through the BVO
process and awarded work orders. These invoices have been verified and approved for payment
by staff. The invoices total $579,654.37. In keeping with this Attorney General Opinion, stafT
is requesting that the Board review the attached documentation of the work that was done for the
County, and based on a determination for each vendor that the payments sought fairly and
-...
Agenda Item NO.1 OC
June 22, 2010
Page 2 of 25
equitably reflect the fair value of the work done and materials furnished to the County, for which
the County has benefited, directs the Clerk of Courts to pay the attached invoices.
FISCAL IMPACT: The total amount of outstanding invoices ($579,654.37) for work orders
arising under current contracts are budgeted within the departments and cost centers through
which they were issued.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office and is legally sufficient for Board action. Given the Attorney General
Opinion, it is the County Attorney's recommendation that the County's Purchasing Policy be
amended to omit the BVO process, which process should not be utilized until either a relevant
change in the CCNA or a favorable court ruling. -JAK
GROWTH MANAGEMENT IMPACT: There is no b'1'owth management impact associated
with this Executive Summary.
RECOMMENDATION: That the Board review the attached documentation of the work that
was done for the County, and based on a determination for each vendor that the payments sought
fairly and equitably reflect the fair value of the work done and materials furnished to the County,
for which the County has benefited, directs the Clcrk of Courts to pay the attached invoices.
PREPARED BY:
Len Golden Price, ASD Administrator
Steve Carnell, Director, Purchasing and General Services
Jeffrey A. Klatzkow, County Attorney
Agenda Item NO.1 OC
June 22, 2010
Page 3 of 25
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date:
10C
Recommendation that the Board review the attached documentation of the work that was
done for the County, and based on a determination for each vendor that the payments
sought fairly and equitabiy refiect the fair value of the work done and materials furnished to
the County, for which the County has benefited, directs the Cierk of Courts to pay the
attached invoices. (Len Price, Administrative Services Administrator)
6/22/20109:00:00 AM
Item Number:
Item Summary:
Prepared By
Len Golden Price
Administrator ~ Administrative Services
Date
Administrative Services
Division
Administrative Services Division
6111120109:27:35 AM
Approved By
Scott R. Teach
Deputy County Attorney
Date
County Attorney
County Attorney
61111201011:32 AM
Approved By
Steve Carnell
Director - Purchasing/General Services
Date
Administrative Services
Division
Purchasing & General Services
6/11/2010 1 :01 PM
Approved By
Len Golden Price
Administrator. Administrative Services
Date
Administrative Services
Division
Administrative Services Division
6/11120101:58 PM
Approved By
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
6/11120104:42 PM
Approved By
Randy Greenwald
Office of Management &
Budget
ManagementfBudget Analyst
Date
Office of Management & Budget
6111120105:05 PM
Approved By
Jeff Klatzkow
County Attorney
Date
6116120101:13 PM
Approved By
Leo E, Ochs, Jr.
County Manager
Date
County Managers Office
County Managers Office
6/16/2010 1 :25 PM
Agenda item NO:- 10C
June 22, 2010
Page 4 of 25
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ST A TE OF FLORIDA
BILL MCCOLLUM
ATTORNEY GENERAL
June 7, 2010
10-20
The Honorable Dwight E. Brock
Collier County Clerk of Courts
Post Office Box 413044
Naples, Florida 34101-3044
Dear Mr. Broc'k:
You have asked for my opinion on substantially the following questions:
1. Does a procedure for the acquisition of professional services which is
based upon an evaluation of a combination of price and qualitative
considerations comply with the provisions of section 287.055, Florida
Statutes?
.2. Does the concept of quantum meruit authorize the Clerk of the Circuit
Court to legally pay for professional services provided under contracts
entered into by Collier County which may not conform to the requirements
of section 287.055, Florida Statutes?
In sum:
1. Section 287.055, Florida Statutes, the "Consultants' Competitive
Negotiation Act." describes a process of qualification based selection
whereby professional services firms are selected in order of preference
based on their ability to perform the required services. Following
competitive selection, a contract is negotiated for professional services at
a fair. competitive, and reasonable price. Nothing in section 287.055,
Florida Statutes. authorizes an agency to include compensation rates as a
factor in the initial consideration and selection of a firm to provide
professional services.
2. The Collier County Commission is authoriz.ed to determine the validity
of an equitable claim such as quantum maruit and the Clerk of the Circuit
Court may pay such claim at the County's direction.
Agenda Item No: 1 OC
June 22, 2010
Page 5 of 25
The Honorable Dwight E. Brock
Page Two
As the elected Clerk ofthe Circuit Court of Collier CDunty, you are charged by
the Florida Constitution with acting as the "ex officio clerk of the board of county
commissioners, auditor, recorder and custodian of all county funds:'" Section 129,09,
Florida Statutes, also makes the clerk personally liable if he or she pays any claim
against the county that Is not authorized by law. Thus, as your letter advises, the clerk,
by law, possesses certain pre-audit functions and pDwers requlrhig him or her tD refuse
to make expenditures or authorize disbursements of public funds that he or she
believes may be Illegal.
You have questioned the procedure used by Collier CDunty in several contracts
entered into for professional services. This office has no authority to review contracts
entered into by the county Dr tD comment on the 'terms of thDse CDntracts. Like the '
courts, this office must presume that official actions taken by the county a re valid and
,enforceable until a CDurt of competent jurisdiction determines Dtherwise.2 For these
reasons, my response to your request for an opinion on Collier County's compliance
with the prDcedures of the Consultant's Competitive NegDtiatiDn Act (the CCNA) will be
general in nature.
Question One
The Consultants' Competitive Negotiation Act, section 287.055, Florida Statutes,
creates a qualifications based selectiDn process for the procurement of professional
architectural, englneering,lendscape architectural, or land surveying services3 by
gDvernmental agencies.' Pursuant to the act, an agency, including a county, must'
competitively select and negotiate with the most qualified firm to provide thesa
professional services for a project,s The statute also provides that "[nlothlng In this act
shall be construed to prohibit a continuing contract between a firm and an agency....
Section 267.055(3), Florida Statutes, operates to require a county subject to the
CCNA to follow certain procedures for annDuncing occasions when professional
services are required to be purchased and for certifying firms or individuals desiring to
provide such services as qualified. The statute directs agencies to adopt administrative
procedures for the evaluation of professional services.? An agency Is required to
publicly announce each DccasiDn when professional services are required to be
purchased for a project covered by the statute.s
Section 287.055(4), Florida Statutes, states that an agency must evaluate tlrms
that offer to provide professional services for a proposed project and select no fewer
than three firms that are deemed to be the most highly qualified to perform the required
Agenda item No, 10C
June 22. 2010
Page 6 of 25
The Honorable Dwight E. Brock
Page Three
services. I The statute provides criteria for evaluating the qualifications of these firms
and prohibits the consideration of compensation until after the. three most qualified firms
are selected:
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 ofthe most highly qualified firms,
The agency may request, accept, and consider proposals for the
compensation to ba paid under the contrect only during competitive
negotiations under subsection (5).'0 (e.s.)
Following competitive selection, the act requires that the agency negotiate a
contract with the most qualified 'firm at a compensation level determined to be fair,
competitive. and reasonable. To make this determination, ''the agency shall conduct a
,detailed analysis of the cost of the professional services required in addition to '
considering their scope and complexity."" If the agency is unable to negotiate a
satisfactory contract with the most quellfled firm at a price that the agency determinas '
to be fair, competitive and reasonable, negotiations with that firm are terminated and
the agency must undertake negotiations with the second most qualified f1rm.'2 This
procedure Is followed until an agreement is reached.'3 '
Thus, the CCNA is a statutory procurement system that contemplates a four-step
process: publiC announcement of the work, qualifications-based selection of the
professional firm, arms-length negotiations with the most qualified firm and, ultimately,
execution of a contract. As this office concluded in Attomey General Opinion 88-42, a
process that establishes a fee for proposed professional services prior to the initiation
of the other steps required by section 287.055, Florida Statutes, would not comply with
the requirements of the act, which mandates a project-by-project selection and
negotiation process. 14 '
Collier County's procurement policy for professional services recognizes that
requests exclusively for services defined under VII.B.2 [relating to those
. services within the scope of the CCNA] 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
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Agenda. item No, 1 OC
June 22, 2010
Page 7 of 25
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- -. - . ----
The Honorable Dwight E. Srock
Page Four
Include, but are not strictly limited to one or more of the following:
1. Fixed assianment contracts: A grouping of minor professional service
(Including construction inspection services) assignments.
2. Fixed term contracts: Countywide agreements for various and
miscellaneous minor professional serv,lces (including construction
inspection services) on an as needed basl~.
3. General Professional Services: Includes administration, support and
management of engineering, architectural, surveying and planning
activities,
However, the policy goes on to authorize the county's purchasing director to qualify
those requests for services by soliciting proposals on a "best value" basis involving both
qualifications and price. Nothing in section 287.055, Florida Statutes, would authorize a
county to adopt a procedure In conflict with the provision of the CCNA mandating a
project-by,project selection and negotiation process.
In Attomey General Opinion 07-12, this office was asked whether a city project
met the requirements of section 287.055, Florida Statutes, the Consultents' Competitive
Negotiation Act, when a construction manager at risk or program manager at risk
contract was used for the design and construction of a multi-phase project and each
phase of the project was separately negotiated for a guaranteed maximum price aM
completion date. The opinion concluded that "separetely negotiating each phase of a
multi-phase project that has been awarded to a construction manager at risk or program
manager at risk does not comply with the plain language or Intent of section
287.055(9)(c). Florida Statutes," and that the procedures of the statute "clearly indicate
that compensation will be negotiated prior to the selected firm beginning work under the
contract."'5
It appears that Collier County has attempted to adopt a procurement procedure
similar to that authorized under section 267.057, Florida Statutes, That statute includes
a provision for using a "best value" approach in acquiring certain commodities and
services outside the scope of the CCNA. However, nothing In section 267.055, Florida
Statutes, would extend the euthorlty to negotiate price as a fector in the competitive
selection and negotiation process except by using the proJect-by-project evaluation
process mandated in section 287.055, Florida Statutes.
Finally, there is a suggestion in some of the materials forwarded to this office
that continuing contracts or fixed term contracts may not be subject to the same proJect-
Agenda item No: lOe
, June 22, 2010
Page 8 of 25
The Honorable Dwight E. Srock
Page Five
by-project consideration that the CCNA otherwise requires. On the contrary,
"continuing contracts" for the acquisition of professional services including those for a
fixed term are specifically made subject to section 287.055, Florida Statutes, and the
Legislature has directed that these contracts may only be entered into "in accordance
with all the procedures of this act."'. Thus, an agency is required to comply with the
four-step process when entering Into continuing or fixed term contracts: public
announcement of the work, qualifications-based selection of the professional firm,
arms-length negotiations with the most qualified firm end, ultimately, execution of a
contract. The Legislature has specifically provldad that "[f]lrms providing professional
services under continuing contracts shall not be required to bid against one another.,,17
While this office has concluded that an agency may enter into multiple continuing
contracts, compliance with the CCNA is required in each instance.'. Thus, section
287.055(2)(g), Florida Statutes, would control any continuing contracts for professional
services into which Collier County may enter and would prohibit the authority from
asking firms providing professional services under continuing contracts to bid against
one another.
Question Two
You ask whether you are authorized under a claim of quantum meruit to pay
contractors who have provided professionel services to Collier County pursuant to the
policy discussed above.
While this office will not comment on contracts into which Collier County has
entered, I would note that the general rule is that a contract which is beyond the scope
of authority vested by law In the board of county commissioners or which Is in violation
of law is invalid and unenforceable.19 Similarly, since county officers can exercise only
such powers as are conferred on them expressly or impliedly by constitutional or
statutory provision, contracts made on behalf of the county by officers or agents without
lawful authority to do so are likewise Invalid.20
. However, you have suggested that the board of county commissioners may be
estopped to deny the validity of contracts entered into under the policies of the county
when these contracts have been fully executed and professional services have been
provided to the county. Under these circumstances, you ask whether you, as clerk of
the circuit court, are authorized to maKe a determination 'of the validity of any such
claim and make payment for professional services rendered thereunder.
This office has previously stated that the clerk of the circuit court, although a
constitutional officer, possesses only such powers as have been expressly or by
necessary implication granted by statute.21 Thus, the clerk's powers, like those of other
constitutional county officers, are limited to those powers which have been expresSly
Agenda Item No 10C
June 22, 2010
Page 9 of 25
The Honorable Dwight E. Brock
Page Six
granted or are clearly necessary to give meaning and effect to those powers which
have been expressly granted.22
In the case of A/echue County v. Powers,23 the Clerk of the Circuit Court of
,Alachua County sought a declaratory judgment to clarify his fiscal duties as clerk of the
county commission in four capacities: as auditor, accountant, custodiBn, and investor
of county funds, The Florida Supreme Court stated that the trial court had correctly
determined that "the Clerk was to act as county auditor in all auditing functions except
when the board employs an independent auditing firm pursuant to Section 125.01 (1)(x),
Florida Statutes (1975)." As the Court In A/achue County v. Powers, stated:
The clerk has the authority and responsibility to perform the auditing
functions both as an arm of the board in auditing the records of
constitutional officers and as a watchdog of the board in the case of
pre-auditing accounts of the board in determining legality of expenditure.
The phrase "Iegallty of expenditure" Includes that the funds are spent for a
public purpose, that the funds are spent in conformity with county
purchasing procedures or statutory bidding procedures, that the
expenditure does not overspend any account or fund of the budget as
finally adopted and recorded in the office of the clerk, If the board
becomes concemed, it has the authority to require a performance audit or
post-audit by an independent accounting firm,24
No statutory or constitutional authority would authorize the clerk of court to make a
determination of the validity of equitable claims made under contracts entered Into by
Collier County.
Section 1(e), Article VIII of the Florida Constitution states that. unless otherwise
provided by county charter. the goveming body of each county shall be a board of
county commissioners. Section 125.01 (1). Florida Statutes, provides, In pertinent part,
that "[t]he legislative and goveming body of a county shall have the power to carry on
county govemment. . .." Pursuant to section 125.01 (3)(a), Florida Statutes, the county
commission is empowered to .enter into contractual obligations to carry out any of its
enumerated or implied powers. Finally, under section 125.15, Florida Statutes, the
county commissioners must sue and be sued in the name of the county of which they
are commissioners. Thus, it is clear that, under state law, the board of county
commissioners is the agency which is authorized to act for or on behalf of the county.25
Agenda Itern Ne,-1 DC
June 22, 201 D
Page 10 of25
The Honorable Dwight E. Brock
Page Seven
As a number of Florida Attorney General Opinions and Florida Supreme Court
Opinions have noted:
Florida has. for many years, recognized the liability of a County on
quantum meruit for the value of work done and materials furnished to a
County which receives benefit therefrom[.]2t1
Thus, while this office Is not a fact.finding agency and Is without authority to determine
whether or not a negotiated settlement represents the fair and reasonable value of the
professional services provided to Collier County, it would appear that the county
commission would be authorized to make such a determination and order payment of
the Claim.v
I am, therefore, of the opinion that the clerk of the circuit court does not have the
authority to determina the validity of an equitable claim such as quantum meruit and to
make payment of such a claim unless directed to do so by the board of county
commissioners.
Finally, the materials you have submitted cite several cases which hold that a
contract entered Into in violation of statutes and rules requiring competitive bids "is
absolutely void, and. . . no rights can be acquired thereunder by the contracting
party."28 In these cases, a local governmental entity contracted for goods, but did not
comply with competitive bidding requirements and Florida courts refused to employ
equitable remedies to compensate the contrecting party. Under this analysis, a
contractor may not recover even on a quantum meruit basis if the contract was let
wlthou1 compliance with mandatory competitive bidding requirements. While
expressing nO comment on how a court might view the contracts entered into by Collier
County under its "procurement of professional services" procedures, I would note that,
the county's procedure does not completely disregard or abandon the CeNA and
competitive negotiation. Rather, the county appears to have utilized additional factors
in its competitive selection process that are not currently contemplated by the CCNA.
I McCollum
Attorney General
BM/tgh
Agenda Item No, 10C
June 22, 2010
Page 11 of 25
The Honorable Dwight E, Brock
Page Eight
1 Article VIII, s. 1 (d), Fla. Const.
2 Cf.. Evans v. Hi/lsborough County. 186 50.193.196 (Fla. 1938); White v. Crandon,
156 So. 303. 305 (Fla. 1934); Stata euel. Gillespie v. Thursby, 139 So. 372, 375 (Fla.
1932); Belk-James, Inc., v. Nuzum, 358 So. 2d 174, 177 (Fla. 1978), for the proposition
that a statute is presumptively valid and must be obeyed and given effect unless and
until It is judicially determined invalid.
3 See s. 287.055(2)(a), Fla. Stat., defining n[p)rofessi'onal services." A review of the
"Procurement of Professional Services. section of the Purchasing Policy of Collier
County indiCates that "a professional service" for purposes of the county polley may
also include such services as medical services and legal services. These services are
obviously outside the scope of section 287.055, Florida Statutes.
4 See s. 287.055(2)(b), Fla. Stat.. which defines "[a]gency" as ''the state, a state
agency, a municipality, a political subdivision, a school district or a school board[;)" and
s. 1,01 (8), Fla. Stat., defining the term "political subdivision' to Include counties.
5 Section 287.055(4) and (5). Fla. Stat.
· Section 287.055(4)(d), Fla. Stat.
7 See s. 287.055(2)(a) and (b). Fla. Stat., respectively defining n[p]rofessional services"
and "[a]gency."
· Section 287.055(3), Fla. Stat.
9 See s. 287.055(4)(c). Fla. Stat., setting forth exceptions to the application of the
statute.
10 Section 287.055(4)(b), Fla. Stat.
11 Section 287.055(5)(a), Fla. Stat.
'z Section 287.055(5)(b), Fla. Stat.
13 Section 287.055(5)(c), Fla. Stat.
" See Alsop v. Pierce, 19 So. 2d 799, 805 (Fla. 1944) ('When the Legislature has
prescribed the mode, that mode must be observed.') Cf. City of Jacksonville v.
Reynolcis, Smith & Hills, Architects, Engineers & Planners, Inc., 424 So. 2d 63 {Fla. 1st
Agenda Item-Noc 4 DC
June 22. 2010
Page 12 of 25
The Honorable Dwight E. Brock
Page Nine
DCA 1982), In which the court recognizes that budget considerations may be a factor in
selecting the covered professional services.
1S Subsequent to issuance of this opinion, Ch. 2007-159, Laws of Fla., was enacted to
define the manner in which local govemments can utilize the services of construction
management or program management entities.
,. Section 287.055(2)(g), Fla. Stat.
11 /d.
1. See Op. Att'y Gen. Fla.07-49 (2007).
1; 20 C.J.S. Counties s. 193; Jones v. Pinellas County, 88 So. 389,390 (Fla. 1921);
Nationa/Bank of Jacksonville v, Duval County, 34 So. 894, 895 (Fla. 1903); accord:
Robert G. Lesslter & Co. v. Taylor, 128 So. 14 (Fla. 1930) (applying rule with respect to '
contracts made by municipal corporations).
20 20 'C.J.S. Counties s. 193; Ramseyv. City of Kissimmee, 149 So. 653, 554 (Fla.
1933) (in the absence of ratification by the cily council, a contract will not be enforced
where the mayor rather than the city council signed the contract, and where the city
charter did not authorize the mayor to contract on behalf of the cily); Fruchtl v, Fo/ey, 84
So. 2d 906, 908 (Fla. 1956) (where charter required the city attorney to perform such
duties 'as may be required of him by ordinance or resolution of the City Boerd of
Managers' the cily atlomey who received only oral Instructions to represent city In land
transaction did not have the power to bind the clly to the resulting conveyances; hence,
such conveyances were void). Schoo/Board of Leon County v, Goodson, 335 So. 2d
308,310 (Fla, 1st DCA 1976) (school board has exclusive authority to form contracts
with instructional personnel of school system; hence, agreement between principal and
teacher in regard to teacher's employment was not binding on CO'unly school board,
absent any indication board approved agreement).
2' See, e.g., Op. Atl'y Gen. Fla. 78-95 (1978), concluding that, in the absence of any
authorizing statute, the clerk of the circuit court was not authorized to enter into a
contract for insurance as specmed therein, and Ops. Att'y Gen. Fla. 77-76 (1977) and
79-70 (1979); cf. Op. Atl'y Gen. Fla. 80-59 (1980). And see Security Finance Co. v.
Gentry, 109 So. 220, 222 (Fla. 1926). in which the Florida Supreme Court stated that
"[t)he clerk's authority is entirely statutory, and his official action, to be binding upon
others, must be in conformity with the statutes." Cf. Pan American World Airways v.
Gregory, 96 So. 2d 669, 671 (Fla. 3d DCA 1957), stating thaI "[t]he clerk is an officer of
Agenda Item No, 10C
June 22, 2010
Page 13 of 25
The Honorable O""ight E. Brock
Page Ten
the court whose duties are ministerial and as such he does not exercise any discretion:
U See Overholser v. Overstl'get, 383 So.2d 953 (Fla. 3d DCA 1980) (clerk's authority Is
entirely statutory, and his official action to be binding upon others, must be In conformity
with such statutes); Ferflta v. State, 380 So.2d 1118 (2 D.C.A. Fla., 1980) (clerk of '
court's power to act must clearly appear from particular statute). Gessm~r v.
Del-Air Corporation, 17 So. 2d 522 (Fla.1944); and 67 C.J.S. Officers s. 190(a). See
also, Ops. Att:y Gen. Fla. 86-94 (1986), 78-95 (1978) and 75-161 (1975).
23 A/echue County v. Powers, 351 So. 2d 32 (Fla. 1977).
24 Supra at 37.
25 See Kirkland v. State, 97 So. 502 (Fla, 1923).
26 Pinel/as County v. Guarantee Abstract & Tit/e Co.. 184 So. 2d 670 (Fla. 2d DCA
1966), citing Harwell v. Hl/lsborough County, 149 So. 547 (Fla, 1935); Moora v. Spanish
River Land Co., 159 So. 673 (Fla. 1935); and Webb v. Hl/lsborough County, 175 So,
874 (Fla. 1937).
21 See s, 125.01(1){b), Fla. Stat., providing thatthe board of county commissioners is
empowered to "(p]rovide for the prosecution and defense of legal causes in behalf of
the county. . .;" White v. Crandon, 156 So. 303, 305 (Fla. 1934), In which the Supreme
Court held that a bona fide dispute between the county commissioners and another
county officer regarding the disbursement of countY revenues pursuant to acts of the
county officer, whose authority to act for end bind the county as purchasing agent is
reasonably questionable by the county commissioners, constituted a "legal cavse"
which the county commissioners were entitled to prosecute or defend under statutory
authority conferred upon them to represent the county in the prosecution and defense
of "all legal causes"; and Op. Att'y Gen. Fla. 60-90 (1960), In which this office
concluded that "[aJs the financial agent of the courity having general control over its
property and the management of its business, the board of county commissioners has
the power to compromise and settle claims in favor. of the county and claims against the
county." .
, 28 Harris v. School Board of Duval County, 921 So. 2d 725 (Fla. 1 st DCA 2006); Armco
Drainage & Metal Products, Inc.v. County of Pinel/as, 137 So. 2d 234 (Fla. 2d DCA
1962 ).
Agenda Item No, 10C
June 22, 2010
Page 14 of 25
The Honorable Dwight E. Brock
Page Eleven
RE: CLERK OF THE CIRCUIT COURT - CONSULTANTS'
COMPETITIVE NEGOTIATION ACT - COUNTIES - QUANTUM
MERUIT - validity of county purchasing procedure; CCNA requirements.
s. 287.055. Fla. Stat.
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~June 22, 2010
ge 17 of 25
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Agenaa Item No, 1 DC
June 22, 2010
Page 18 of 25
P8SJ
Collier County
AlIn: Darryl Richard
Transportation Services Division
2885 South Horseshoe Drive
Naples, FL 34104
Invoice Date:
Project It.
Invoice #:
March 23,2010
100010962
1073764
Cont # 06-3969
PO # 4500111497
Project Description:
Invoice Comments:
Invoicing Pariod :
Vanderbilt Drive Pathway962
February 01,2010 to February 25.2010
Tolallnvoice
Current
$14.742.78
$0.00
$0.00
$0.00
$0.00
$0.00
$14,742.78
$0.00
Basic Services
Lump Sum
Rate Labor
Multiplier Labor
Survey Crews
Direct Expenses
Sub Consultants
Retainage
Sales Tax
Total Due this Invoice
$14,742.78
Contract Amount:
Previous Billed:
Billed to Dale
Contract Balence :
$164,960.00
$57,962.91
$72,705.69
$92,254.31
Retainage Summary
Held this Invoice:
Held to dale:
$0.00
$0.00
Remit to:
PBS&J
PO Box 409357
Atlanta, GA 3038....9357
Tax 10 #: 59-4898138
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Agenda item NO.1 OC
June 22, 2010
Page 19 of 25
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Agenda Item No, 10C
June 22, 2010
Page 20 of 25
istatement
------~
c?-":J--'~
June 9. 2010
Collier County T.E.C,M.
Project: 20611,203 Naples Manor North Canal
Outstanding Invoices
Balance
Number Date Invoiced Due
24402,0 11130/09 985.00 985.00
24415.0 12/31/09 9,992.50 9,992,50
24436.0 5/31/10 16,336.50 16,336,50
24453,0 2/28/10 10,896,49 10,896.49
Totals 38,210.49 38,210.49
Project: 20611.201 Progress Ave/Livingston Rd Inter,;ection
Outstanding Invoices
Balance
Number Date Invoiced Due
24404.0 11/30/09 4.900.00 4,900.00
24420.0 12/31/09 7,220.00 7,220,00
24434,0 1/31/10 4,800,00 4,800.00
24440.0 12/31/09 2.700.00 2,700.00
24452.0 2/28/10 6,975.00 6,975,00
Totals 26,595.00 26,595.00
..-..- .....,
Statement Totals 64,805.49 (54,805.49 .i
. " '
I
----'... .......,-~
-.-..--..
.-..---"
/' Aqnol;l. 8aJ:bar 'B..n....h.17- T..,., ----'
l 14UU ~.-d~ Trail North
Syita 1200
Napl.., I'L 34108
(239) 51i17-3111
Ccl1i.e:r county 'franaparton 1CrJq.
, Attn: Aooounu Payab1.
2885 Bor...hoe Drive Soutb
Napl.., I'L 34104
Client i: 31
Agenda Item NO.1 OC
June 22, 2010
Page 21 of 25
Sta~nt ot. Account
P...
1
Stat.~ent of Account as of 6-0e-lO
Charqes
Credits
Transactions
Date
O~0056 CC Enterpri.. Ave Interaeotion proj. ~r Julio r. ~don.&, P.Z.
20 lnvoice 12-22-2009 10,226.00/'
FINOOOH Finance charge
CODuaot 'fotal
090059 CC "aylor ""ad Road.way
0900590000.; Invoice
FINOOO45 Finance charge
COntraot Total
00751i196 Napl.. Manor Outfall 3'.
7599600003 Invoice
7599600004 Invoice
7599600005 Invoice
FIN00046 Finance charge
Contract Total
S~atement 70tal
06-07-2010 ( 842.17 "
-'
H,06e.I? .00
proj. _napr Julio F. Orcl.onez, P.I:. ./""
12-22~2009 10,555.00
06-07-2010 ( 869 '_~:_)
-
11. 424.26 .00
01-14-2010 11,311.25 /
02-17-2010 24,968.24
03-16-2010 8,550.00 ---
06~07-2010
( 2,507.65 \
-,~
47,337.15
.00
69.829.58
.00
Outstanding
Current
31-60
69,829.58
4,219.06
.00
/41, (./ '1 'tz.
+- /0, Icr; .'i<r
---..----
- 1?271'1Qt
--~
-
~
6.550.00
fr:ill-
24,966.201
Over 120
32,092.26
F. ""-Q.,,c;ot. C~f
~41..,'
..,: 1'<C'I.2.(.
2, s<"?leS
~,z.I<i:oi1:,
'f,~,q_o'i
+- _\ -I'll. 9 \
--tc...f-t F::C'.
IO,loo.'1'i
--..---
.,f.'
Aqnoli Barber ~ Brundage, Ino.
7400 ~~..i Trail Nor~h
Sui t. 1200
NapJ.... i'L 3(108
(2351) 5S17-3111
ColJ.i.r Co. Publo Wrk. str,mwtr
Attn: AaQOUn~. .ay.wJ..
2885 South BOr...bo. Dri~
Napl... rL 34104
Client": 36
s~.te.an~ of! Acoount
Agenda Item No, 'IOC
June 22, 2010
Page 22 of 25
P.~ 1
Statement of Account as of 6-08-10
Credits
Tran.sactiona
0075993 LASIP ~~y W.nor w..t Out~all
7599300007 Invoice
7599300008 Invoice
7599300009 Invoice
7599300010 Invoice
FIN00034 Finance charge
FINOOC36 Finance charge
Contract total
Statement: Total
~
Proj. Managar WArgaret
12-11-2009
01-13-2010
02-17-201C
03-16-2010
C4-12-Z010
06-07-2010
Charges
82,889.33
.00
82,889. J3
.00
Outstanding
31-60
61-90
~
Current
82,889.33
2,155.42
3,726.49
2,160.00
3,022.50
Over 120
71,824.92
;j'11..4.'-{'\
I _
.f- <-, · ~,. 'I '-
-':;-ii 1.c,,1
<' I .._
Statement
q6ASTAL PLANNIN~& ENGINEERING, INC.
, '
.
Agenda Item No i0e
June 22, 2010
Page 23 of 25
2481 NWBOCA RATON ,BOULEVARD, BQCA RATON, FL33431
561..J91-81Cl2PHONE 561.391-9116FAX
INTERNET: httD'IIwI.wI,.nAeWnIAnnina nl!!t
o~rnalt malecoast.mlarrilo.nel:
Statement dele: 619/2010
COLLIER COUNTY
Finance Department
3301 Tamiami Trail E
Bldg F, 7th Floor
Naples. FL 34112
Invoice Number
Invoice.Date
Anlount!
6,698.00 .
65.217.49
(" '86,965.66 '
______J
1~+ Dayal .pNpaY:a:~
COLLIER COUNTY
850064 Countyl Naples Phy.lcal Monitoring
91249
100135
12/22/2009
1/20/2010
100406 4/812010
Project Outstanding
850085 Phy.lcel Monitoring of the South Be.che.
91250
100136
1212212009
1/20/2010
100230 31112010
Project OUtstanding
Client Ou1otandlng
COWER COUNTY
Outstllndlng
Current
31-60 Doyo
CS1..aG .
91-120 Da .
17,852.67
81.38/
~.~.---- -
r 3,814.12 '
21.748,17
232.00 /
58,287,49 /,
COASTAL PLANNING & ENGINEERING. INC.
.
Agenda Item NO.1 OC
June 22, 2010
Page 24 of 25
2481 ~BOCA RATONEIOI.J..EVARD, BOCA RATON, FL 33431
0.., McAlpin
CollltrCounty
W. HennonTu"*, Bldg.. Suite 103
3301 Taml.",1 Tr.R
Nlples, fL 34H2
Consu_anr, Project. 8500.&4
BlIIlnlJPerlod: lO"I09-3J31110
~rottI'JlOnIl englne.m; S8fVIcelIor.
City of NIpl" Phy.ical Monltcnng
Contrlc! 1# oa-51~., 08.5124-1
POt <45-108308
P'roJltd'1i5-90538.1
TASK 1: Nonh Co\mty IIHch..
Coo\nld AmolJnt
PmiOl,lsly InvGlced:
P.-yment RKelVeCI
>lOT INVOICED:
$75,134,84
$75.13<t.&4
$75,1304.&4
2512.11--
TASK Z; North Count)' P.....
Contract Amount:
PrevioulllylnVOicecl:
PlymODI Received:
WEEK ENClNa:
10121.w
1011.(,109
'01>11109
0\120110
10121109
10128109
lGrHI09
10121109
02117110
02124110
10114/09
10107109
101Z8f09
02124110
02)10/10
10107JOa
02/17110
02124110
02124/10
$8B.ell9.00
$35,78'204
$17,835,19
DIRECT lABOR:
PrQII.aiQnal Surveyw & M.~r. J. Mcirewl
Senlol' Conta! Engineer- S, Keehn
60niar CDUtIII Engineer- S, Keehn
Senlor COlllltI1 EnglnMlr. C. Diy
Senior CAD Op"~r- A. a.ldlrn
COIolill EnpiMer. N. Sh.-p
Project Surv.yor. M. LOWIec
Project Surve)'Ofo M. lOWleC
ProJ6Ct Surveyor- M. Lowillt
Project Surveyor- M. Lowiee
Geolo;iII1. S. Farrell.
Surveyor- K GoddinQ
Surveyor- K. GOOding
Surve)'Of-K. Goddirl\il
GIS Operllor. H. Vollmer
S\oIrvey Teennldan. J French
Survey TechnIcian- J. French
Cktrieal-T. Mt:Cauiey
CleriCal- K. MagUire
561-391.111 Cl2 PHONE 551-391-9116 FAX
INTE~NET: httD:/~.,."..co&st8lDlannN net
e.mall: msil@coestakJ!annina.net
HOURS
RATE
'00
3.75
0,25
0,110
100
OlIO
3,00
0,50
400
100
.00
400
5,00
2.50
2,00
',00
'00
0.25
600
S11!1$.OO
$128,00
$128.00
$125.00
$102.00
$74.[l(
S82.OC
S82.DC
$82,0(
$IlZ.DC
$6O.2e
seO.OC
S6C,QC
$60.1X
S6C,QC
$53.ac
553.OC
$40,00
S400C
53.25
TOTAl. TASK 2
TOTA.L CURRENT "MOUNT DUE THIS INVOICE....
TOTAL DUE
$485.00
$480.00
$32.00
....00
$102.00
$37.00
$248.00
$41.00
$32/J,OO
182.00
52"1.12
SZ40.tXl
1300.00
.t5O,00
'120.00
$318.00
$3111.00
$10.00
$240.00
$3,814.12
$1,114.12
AprlB,Z010
1rmJica' 10D408
---PlEASE NOTE: Tna NollnvolRd amountof$2,112." In Tan, I. now baln; ItamlDd In Taak 2ontntlllnvotca.
U.lt4.1Z
Agenda item No, 10C
J,une 22, 2010
Page 25 of 25
_ DeLeonDiana
From:
Sent:
To:
subject:
ward_kelsey
Tuesday, June 06, 2010 2:03 PM
DeLeon Diana
Outstanding invoices
Importance:
High
Follow Up Flag:
Flag Status:
Follow up
Flagged
DO,
Steve wants us to contact each ofthe following firms to get copies ofthe pending invoices from our BVO
purchase orders, and to confirm that these are the correct $ amounts. I need to get the correct contact person
and em ail address for each of the following firms (I already have PBS &J)
Thanks,
Kelsey
PBS&J:
Pitman Hartenstein
Coastal Planning & Engineering
Windham Studios
BSSW
1&0, IS-~. {,; '1
$283,717.22 Tabar, Jeffrey R [mailto:irlabar(ii)obsi.coml
$64,805.49 .r 61"
$83, 1S 1. 7 ~ -t ~ I 'I "s:.,jl:;
$1,339.00 v'
$4,023.00 v"
H!>6
/42, {" --r_tt:z... +- 101 (00.G, c, Fe...
Under Florida Law, e-mail addresses are public records, If you do not want your e-mail address released in response to a public records request, do not send
electronic mail to this entity. Instead, contact this office by telephone or In writing.
1