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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