Fort Walton Beach Council agenda — 03-12-13--regular — reading text

29 T 118 Z 123 121 11! 117 115 r• 131 DRIVE N. W. 113 ,; • a j IS! 166 a ; 113 4 >' 114 121 122 120 z IIB 10 a' 0 is 153 132,• 4 .... ar.. • rw . ....... •.. a: tr. 110 UI - a• • - 112  11 .2 Subject: 2013 -9 Support for CCNA ATTACHMENTS: CCNA Resolution Executive Summary ( PDF) Senate Bill 1002 - CCNA ( PDF) SIGNATURE BLOCK Carole Jones Completed 03/ 04/ 2013 2: 29 PM Carole Jones Completed 03/ 04/ 2013 2: 30 PM Completed 03/ 06/ 2013 7: 46 PM City Manager City Council Pending noC In: 2224 Page 1  11 .2 RESOLUTION ( ID # 2224) A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, DECLARING SUPPORT FOR PROPOSED CHANGES TO SECTION 287. 055 OF THE FLORIDA STATUTES, ALSO KNOWN AS " THE CONSULTANTS' COMPETITIVE NEGOTIATION ACT ", AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA THAT: WHEREAS, local and state agencies throughout Florida are experiencing severe and significant reductions in revenue; and WHEREAS, professional services agreements constitute a significant public expenditure; and WHEREAS, many local and state agencies throughout the United States routinely compare fees among competing firms before selecting a professional consultant, including architects and engineers; and WHEREAS, current Florida law prohibits local and state agencies from competitively comparing professional services fees and related costs; and WHEREAS, several public organizations including the Florida Association of Counties, the Florida Governmental Finance Officers Association, the Florida Association of Public Procurement Officers and the National Institute of Government Purchasing support the use of alternative procurement methods for the acquisition of professional services; and WHEREAS, the proposed change would modify the existing state law and would give local and state agencies the discretion to competitively compare fees and make a best value selection that considers qualifications and price among pre -qualified firms. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA: That the City of Fort Walton Beach supports the proposed changes to the Consultant' s Competitive Negotiation Act to allow local and state agencies to procure professional services on a " best value basis" as set forth in the enclosed language. Mike Anderson, Mayor Attest Approved for form, legal sufficiency ket pg. 30  11 . 2 RESOLUTION ( ID # 2224) Helen Spemeer, City Clerk Hayward Dykes, Jr., City Attomey  11. 2. a EXECUTIVE SUMMARY Resolution of support to amend the Consultants Competitive Negotiation Act ( or CCNA "). OBJECTIVE: To improve public procurement in the state of Florida. CONSIDERATIONS: Under Florida law, state and local governments are prohibited from considering price when selecting consultants who provide specific professional services architecture, engineering, landscape architecture, surveying and mapping). Instead, agencies z u are required to rank ( select) firms based strictly upon qualifications. Price is then negotiated with the top- ranked firm with no knowledge of what the other firms might charge for the work. o While this method of procurement may be advantageous under certain circumstances, it o a prevents the County or its citizens from ever being able to directly compare fee proposals in the initial contracting process. Accordingly, several professional associations within Florida ( and w m across the country) are seeking to change the law to allow public entities the discretion to continue to use the existing " qualifications -based selection" process or to utilize an alternative o best value" method. Under the alternative method, firms would be ranked according to qualifications as they are presently. The top- ranked firms would then be invited to submit a fee T 2 proposal. The top firms would then be re- evaluated considering qualifications and price with the " latter being weighted at not more than 50 percent of the total award criteria. The list of groups supporting the proposed legislation includes the following entities: The Florida Association of Counties ( FAC) The Florida Association of Public Purchasing Officers ( FAPPO) r The Florida Government Finance Officers Association ( FGFOA) The National Institute of Government Purchasing ( NIGP) The Southeast Florida Chapter of NIGP Y Wakulla County v Sarasota County Y Lee County St. Lucie County Several public professional engineers through out Florida The Board has previously endorsed the proposed change as part of its annual state legislative agenda. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney' s Office. This is not quasi -judicial and as such requires only majority vote. This item is legally sufficient for Board action. - CMG FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners adopts the enclosed Resolution of support to amend the Consultant' s Competitive Negotiation Act ( or " CCNA "), PREPARED BY: Steve Carrell, Purchasing /General Services Director i et P Florida Senate - 2013 SB 1002 F 11 2' b By Senator Soto 20131002_ 14- 01249 - 13 A bill to be entitled An act relating to the procurement of professional architectural, engineering, landscape architectural, or surveying and mapping services; amending s. 287. 055, F. S.; revising the definition of the term continuing contract" and defining the term " best value selection "; clarifying provisions with respect to selection of firms by an agency under the competitive selection, process; providing that an agency has the right to reject any or all submissions received in response to a public announcement under the competitive selection process; authorizing an agency to award contracts to multiple firms under the competitive negotiation process; providing for a best value selection process; requiring agencies to adopt rules governing the use of the process; providing minimum requirements with respect to