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Item R5 BOARD OF COUNTY COMMlSSIONERS AGENDA ITEM SUMMARY Meeting Date: February 19,2010 Bulk Item: Yes.A No Division: County Attorney Staff Contact: Natileene Cassel Number: X3 580 AGENDA ITEM WORDING: Approval of purchasing policy regarding continuing contracts to provide a method for the award of individual contracts based on competitive ranking and rotation among contractors and for exceptions. ITEM BACKGROUND: Chapter 287.055 FS allows for continuing contracts) however it does not provide guidance as to how individual contracts are to be distributed among contractors who have been awarded a general continuing contract. Attorney General Opinions have advised counties to have a policy for the selection of contractors. Monroe County has never had a policy; this action will provide a policy. PREVIOUS RELEVANT BOCC ACTION: The County has several continuing contracts in place. CONTRACT/AGREE:MENT CHANGES: None STAFF RECOMMENDATIONS: Approve TOTAL COST: -0- INDIRECT COST: -0- BUDGETED: Yes _No N/A This is a policy only. Each contract will provide costs when presented to the BOCC. DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: -0- SOURCE OF FUNDS: N/A REVENuE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty ~O:MB!PurchaSing _ Risk Management _ DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 7/09 Chanter 4 - Purchase of Professional Services C. Continuin2 Contracts Definition: A continuing contract is defined, in the same manner as Chapter 287.055 FS, as a contract for professional services between the County and a firm whereby the firm provides professional services for professional architects, engineers, landscaping, or surveying and mapping services for projects in which the estimated construction cost of each individual project under the contract does not exceed the amount of Two Million Dollars, or for a study activity if the fee for professional services for each individual study under the contract does not exceed Two Hundred Thousand Dollars, for work of a specified nature as outlined in the contract required by the County, with the contract being for a fixed term or with no time limitation except that the contract must provide a termination clause. Firms providing professional services under the continuing contracts shall not be required to bid against one another. Competitive Selection of contractors for continuing contracts: Continuing contracts shall be chosen by the competitive selection process. During the selection process, a selection committee shall rank the professional service contractors. The Board of County Commissioners shall approve the award of each contract for a general continuing contract. The number of contractors to be chosen shall be at the discretion of the Board of County Commissioners. Award of individual contracts to contractors: 1. Separate contracts for each individual project shall be awarded among the contractors who have been awarded a general continuing contract 2. Separate contracts for each individual project shall be approved by the Board of County Commissioners. 3. The separate contracts for each individual project shall be awarded on a rotating basis beginning with the top ranked professional service contractor and continuing to the next contractor in ranked order. 3. The order of rotation may be changed by the County Administrator, or the Deputy County Administrator, only for the following reasons: a) If the next ranked contractor is not available within the time required by the County for an upcoming project the contract may be awarded to the next contractor in rotation who is available; b) If the next ranked contractor does not possess the requisite expertise necessary for a particular project, in the discretion of the County Administrator or his designee, that project may be awarded to the next contractor in rotation who does possess the requisite expertise; c) When a contractor is not awarded a contract due to availability or expertise, that contractor shall be given the next project in rotation for which he is available and possesses the requisite expertise. 4. It is the intent that the Board of County Commissioners that the contracts be ranked and rotated in order of ranking so that the award of contracts are distributed among the contractors and no particular contractor shall be given a contract out of order except for the reasons stated above. 5. The County Administrator shall advise the Board of County Commissioners if a contract is awarded out of the ranked order of rotation and shall provide an explanation for the change.