Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - December 3, 2013
December 3, 2013 - Regular Meeting
Agenda Item #27

Ordinance Amending Purchasing Code and Resolution Granting Waiver


Contact and/or Presenter Information

Charlie Hunsicker, Director
Parks and Natural Resources Department

Robert M. Eschenfelder, Assistant County Attorney
County Attorney's Office

Action Requested
Motion to adopt Ordinance 13-47 and to adopt Resolution 13-215

Enabling/Regulating Authority
Florida Statutes Chapter 125 (home rule authority) and Manatee County Code Chapter 2-26 (the Purchasing Code)

Background Discussion
  • Manatee County Procurement Code 2-26-40 allows the County Administrator to waive competitive negotiation requirements for certain categories of purchases in amounts up to $250,000 given certain extraordinary conditions as stated in the ordinance.  At present, Section 2-26-40 provides no other procedure or exception to competitive negotiations to secure services in amounts greater than $250,000.  Manatee County is well positioned to obtain a competitive price through direct negotiation with the beach renourishment vendor, Great Lakes Dredge and Dock Company, who was competitively selected through a formal bid conducted by the Army Corps of Engineers and who will be mobilized on Anna Maria beaches during the months of December, January and February to complete the federal beach renourishment project immediately adjacent to Manatee County's beach renourishment project on Coquina Beach.  Based upon the engineering cost estimate for these services, it is anticipated that the cost of service will exceed $250,000.  The purpose of amending the Ordinance is to provide for a mechanism for Board approval of noncompetitive procurement requests; based on the finding that (1) the costs of the competitive procurement are greater than the savings expected to be realized through a negotiated agreement or (2) upon a determination that the acquisition of the goods or services should be provided by a unique source due to possession of a specific skill or expertise; or (3) consideration of other important factors such as feasibility, practicality, geographic availability or cost effectiveness. 
  • The project is for beach nourishment that involves dredging 260,000 cubic yards of sand from an identified offshore borrow area at the north end of Anna Maria Island, transport of the material by means through several miles of pipeline, and placement and grading of that material within a defined template at Coquina Beach.  The process is highly specialized and requires large equipment such as an oceangoing dredge, booster pump, miles of steel pipe, bulldozers and other specialized support equipment.  Due to the nature and scope of the project, there is a very small number of contractors that have the capacity and capability to perform the work.
  • The vendor being sought for this Non-Competitive Procurement Request, Great Lakes Dredge and Dock Company. LLC (GLLD), will be in place for another beach nourishment project on Anna Maria Island under contract with the U.S. Army Corps of Engineers (USACE).  GLLD was awarded the USACE contract by competitive bid with federal protocols for the nourishment of Anna Maria Island.  The contract has been awarded and GLDD is expected to commence work on the island in December 2013 with completion in January 2014.  The USACE project will terminate at the north end of Coquina Beach, which provides the County a unique opportunity to secure a contract with GLDD at a highly discounted rate considering their pre-position and competitive advantage over all other vendors who would be required to mobilize equipment and personnel at an added cost of millions of dollars.
  • The price of the work will be determined by direct negotiation with the vendor.  The existing contract that the vendor has with the USACE will be used as the basis of negotiation for the initial offer. 
  • If the ability to enter into direct negotiations and subsequent approval by the Board is not approved, the consequence would have a financial impact of approximately $2,900,000.  This is the actual "sunk" mobilization cost that the vendor already has covered by the USACE contract that presumably would be recoverable by this vendor or any other if the project is proposed in a fully competitive environment under a new competitive bid procedure.  In addition, the project construction would be delayed or canceled, which has the potential consequence of putting the residents of Anna Maria Island at risk for storm damage to the hurricane evacuation route along Gulf Drive at Coquina Beach.

County Attorney Review
Formal Written Review (Opinion memo must be attached)

Explanation of Other

Reviewing Attorney

Instructions to Board Records
Provide copy of executed Ordinance and Resolution to Melissa Wendel, melissa.wendel@mymanatee.org, x3056.

Cost and Funds Source Account Number and Name

Amount and Frequency of Recurring Costs

Attachment:  RLS 13-301 Ordinance Related to Waiver of Competition for Category 4 and 5 Purchases.pdf
Attachment:  Resolution 13-215.pdf
Attachment:  Ordinance 13-47.pdf