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Agenda 03/08/2016 Item #16F 5 3/8/2016 16.F.5. EXECUTIVE SUMMARY Recommendation to authorize payment of the outstanding balance due for the purchase and installation of office furnishings and a modular wall system at the Naples Business Accelerator to Office Furniture and Design Concepts (OFDC)in the amount of$195,328.28. OBJECTIVE: To make final payment to the vendor for goods and services provided in accordance with specifications. CONSIDERATIONS: On November 18, 2014,Agenda Item 11C,the BCC approved an agreement between the County and EII,which designated EII as the Administrative Entity for the Collier County Soft Landing Business Accelerator Program(the"Agreement"). On September 8,2015,Agenda Item 11J,the Board approved the FY 2016 Agreement between the County and EII for ongoing administration and management of the Collier County Business Accelerator Program. The Board approved a budget of $450,000 for Facility Improvements which included the purchase of furniture and a modular wall system. State grant funds were budgeted and are available for this payment. The Agreement with EII is a reimbursement based contract. This means that EII must first pay the vendor,document the receipt of goods and services, document full payment for the received goods and services, and then obtain reimbursement of these expenses from the County. The Governor's veto of the extension of the Grant funding for the Naples Accelerator Project materially impacted cash flow for this Project. One of the results of the veto is that EII is not sufficiently capitalized to complete payment to OFDC on a reimbursement basis, even though sufficient grant funding and budget exists in the County's grant budget for this purchase. EII procured and its vendor completed installation of furnishings and a modular wall system in the amount of$362,531.15 prior to the grantor required deadline of September 15, 2015. A substantial amount, $182,972.51,has been paid by EII. The unpaid balance due to OFDC is $195,328.28. The DEO has authorized Collier County to apply advanced Grant funds for payment to OFDC. EII obtained three quotes, chose the lowest quote,issued a purchase order, and facilitated the completion of the procurement. To ensure legal payment of the furniture and modular wall system,the Board must waive the reimbursement requirement of the Agreement, as well as some minor exceptions to the EII procurement policy, including inability to provide a conflict of interest statement signed by the vendor,a monthly report on the procurement, and proof of advertisement. If approved,this action by the Board allows for the County's payment, from DEO Grant receipts, of all of the outstanding OFDC invoices for the purchase and installation of furnishings and a modular wall system with a single check made payable to both EII and OFDC. FISCAL IMPACT: The County has received cash disbursements of$740,000 from State Department of Economic Opportunity Grant SL007. There remains sufficient State DEO grant monies and budget in the project account to proceed with the action proposed. The furnishings and modular wall system total cost is$362,531.15. EII has utilized advanced grant moneys to pay$182,972.51 leaving a balance due of $195,328.28 to be paid with a single check payable to both EII and OFDC. 1 Packet Page -1013- • 3/8/2016 16.F.5. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for approval. -JAK RECOMMENDATION: That the Board authorize payment of the outstanding balance due for the purchase and installation of office furnishings and a modular wall system at the Naples Business Accelerator to Office Furniture and Design Concepts(OFDC) in the amount of$195,328.28. subject to the conditions outlined herein. Prepared by: Jace Kentner, Interim Director, Office of Business & Economic Development 2 Packet Page -1014- 3/8/2016 16.F.5. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.F.16.F.5. Item Summary: Recommendation to authorize payment of the outstanding balance due for the purchase and installation of office furnishings and a modular wall system at the Naples Business Accelerator to Office Furniture and Design Concepts (OFDC) in the amount of $195,328.28. Meeting Date: 3/8/2016 Prepared By Name: BrockMaryJo Title: Executive Secretary to County Manager, County Managers Office 3/2/2016 12:07:42 PM Submitted by Title: Executive Secretary to County Manager, County Managers Office Name: BrockMaryJo 3/2/2016 12:07:43 PM Approved By Name: OchsLeo Title: County Manager, County Managers Office Date: 3/2/2016 4:33:43 PM Packet Page -1015- 3/8/2016 16.F.5. From: Walker,Elizabeth To: KentnerJace Cc: Steffens,Damon Subject: FW:Copy of:Collier County Accelerator Project with the Department of Economic Opportunity Date: Friday,January 15,2016 4:28:27 PM Jace, Here is the e-mail regarding the furniture purchase. Sincerely, Beth Elizabeth E.Walker,FCCM,CSM Public-Private Partnership Liaison Division of Strategic Business Development Department of Economic Opportunity 107 East Madison Street,MSC-80 Tallahassee,Florida 32399 P-(850)717-8980 F-(850)414-1734 Elizabeth.Walker@deo.myflorida.com Original Message From: CollierClerk[mailto:ContactUs @collierclerk.coln] Sent: Friday,January 15,2016 4:24 PM To:Walker,Elizabeth<Elizabeth.Walker @deo.myflorida.com> Subject: Copy of:Collier County Accelerator Project with the Department of Economic Opportunity This is a copy of the following message you sent to Collier Clerk via www.collierclerk.com This is an enquiry email via httns://www.collierclerk.com/from: Elizabeth Walker<elizabeth.walker @deo.myflorida.corn> Clerk Brock, In order to proceed with the close-out of the financial portion of the Collier County agreement with the Department of Economic Opportunity(DEO),Agreement#SLOO7(the agreement itself does not end until June 30,2019), Collier County needs to clarify some of the items it has invoiced for,and pay,or have paid,an outstanding invoice for office furniture.This furniture was procured prior to June 30,2015.When the final inspection was conducted,it was discovered that a few items were missing and that some others needed to be repaired or replaced.For that reason,Collier County withheld final payment until all concerns were addressed. Collier County confirms that the vendor has now made all the corrections requested.Based on this and my understanding of the agreement and original intent of the funding,it is fine for Collier County to use the advanced funds to it by DEO to pay the vendor directly,or for Collier County to advance the funds to its subcontractor,EII, for payment to the vendor,with the provision that this procurement and transaction have met all other SLOO7 requirements. However,this allowance does not relieve Collier County of its existing responsibility to clarify,justify or remove prior costs claimed that are in question for Collier County and EII,nor does it relieve Collier County of any portion of the cash match requirement due to be expended by January 31,2017,as the match provision may be amended. Packet Page -1016- 3/8/2016 16.F.5. From the program perspective,DEO has not identified any additional contractual provisions necessary to protect its interests. Collier County alone is responsible for ensuring that its agreements comply with law and DEO has not conducted a legal review. Please do not hesitate to call if there are any questions. Sincerely, Elizabeth E.Walker Public/Private Partnership Liaison Department of Economic Opportunity (850)717-8980 Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s).It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy,distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated,opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error,please notify the Clerk's Office by emailing helpdesk @collierclerk.com,quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. 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. This email communication may contain confidential information protected from disclosure by privacy laws and is intended for the use of the individual named above.If the reader of this message is not the intended recipient,this is notice to you that any dissemination,distribution or copying of this communication or any attachment to it may be a violation of federal and state privacy laws.If you have received this email in error,please notify the sender immediately by return email and delete this message.Please note that Florida has a broad public records law,and that all correspondence to me via email may be subject to disclosure.Under Florida law email addresses are public records. Packet Page-1017- Office Furniture --7- 11 Kfq,NIcuo Park,ty State 3/8/2016 16 F 5 1 nrt Nlycra r I 13966 — — & Design Concepts 0 F D C Sunbelt Office (239) ,r. tzt: www.oidcAnce. Furniture (219)337-4.w I:, Page 1 of 1 ' af.Naples Date: TO: , 1.`"7.,"..-:.7 ::- ':-.° 7'..:,.: Customer Number: P: — _ I Invoice Invoice invoice Date Number Customer PO Number Amount Credits Invoice Balance Days 34D:6 JCL P,NDEP.SEN 193, ,:6.22 -: ,::, 2.:1 48,643.71 =.. 7,NDERSE:: 14,7,47, " 'T , 146,4,34.F:1 ,7 Over 90 Days Total Due: 1 I 1 I 0.0034 Packet Page -1018-