Loading...
Agenda 03/14/2017 Item #16E203/14/2017 EXECUTIVE SUMMARY Recommendation to authorize payment of six (6) outstanding invoices in the total amount of $12,184.57 under quantum meruit for work performed by Simmonds Electrical of Naples, Inc., under Agreement #13-6166 - Electrical contractors. OBJECTIVE: To pay outstanding invoices to Simmonds Electrical of Naples, Inc. CONSIDERATIONS: On May 13, 2014, the Board approved Agenda Item 16.E.1 for the award of Agreement 13-6166 - Electrical Contractors. Section 2 of the Contract, Statement of Work, requires the electrical Contractor to provide a formal written quote prior to work being authorized. In November 2016, Simmonds Electrical of Naples, Inc., submitted six (6) invoices for payment totaling $12,184.57, for life safety related work (parking lot lighting and emergency exit signs) at various County facilities performed under the Facilities Management Division Purchase Order. Staff inadvertently failed to obtain quotes prior to the commencement of this work by the Contractor. The Division’s ma nagement has addressed the incident, trained staff, and will ensure that quotations are obtained under this contract prior to work being authorized. Staff has confirmed that work on each of the attached invoices has been completed to the Division’s satisfaction in compliance with the contract specifications. The County has benefited from the work performed by the vendor and the costs charged are reasonable for the services provided. FISCAL IMPACT: The total amount of the six (6) outstanding invoices for Simmonds Electrical of Naples, Inc. is $12,184.57. Funds are available in the Divisions operating budget where the Purchase Order was issued. GROWTH MANAGEMENT IMPACT: There are no Growth Management Impacts associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been reviewed by the Office of the County Attorney. Broadly speaking, quantum meruit is an equitable legal principle to determine the amount to be paid for services when no contract exists or when there is doubt as to the amount due for the work performed but done under circumstances when payment could be expected. Although there is a contract in place, payment is being withheld because staff allowed for the commencement/completion of work without first obtaining formal quotes from the vendor under an existing open Purchase Order. As set forth herein and in the attached back-up, Staff has reviewed the outstanding invoices, as well as the work that has been done, and has concluded that in each instance the payment requested by the contractor represents fair market value and is reasonable for the work performed. Accordingly, this item is approved as to form and legality, and requires a majority vote for approval.-SRT RECOMMENDATION: To authorize payment of six (6) outstanding invoices in the amount of $12,184.57 for work performed by Simmonds Electrical of Naples, Inc. under Agreement #13 -6166 - Electrical contractors, so that the invoices may be processed and paid by the Clerk’s Office under the equitable theory of quantum meruit. Prepared by: Rady Edreva, Operations Analyst, Facilities Management Division 16.E.2 Packet Pg. 865 03/14/2017 ATTACHMENT(S) 1. 13-6166 Simmonds_Contract (PDF) 2. Simmonds invoice list (PDF) 3. Invoices (PDF) 16.E.2 Packet Pg. 866 03/14/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.E.2 Doc ID: 2779 Item Summary: Recommendation to authorize payment of six (6) outstanding invoices in the total amount of $12,184.57 under quantum meruit for work performed by Simmonds Electrical of Naples, Inc., under Agreement #13-6166 – Electrical contractors Meeting Date: 03/14/2017 Prepared by: Title: Accounting Technician – Facilities Management Name: Rady Edreva 02/21/2017 11:34 AM Submitted by: Title: Division Director - Facilities Mgmt – Facilities Management Name: Dennis Linguidi 02/21/2017 11:34 AM Approved By: Review: Procurement Services Brenda Brilhart Additional Reviewer Completed 02/21/2017 12:25 PM Procurement Services Lissett DeLaRosa Level 1 Purchasing Gatekeeper Completed 02/21/2017 2:17 PM Facilities Management Dennis Linguidi Additional Reviewer Completed 02/21/2017 4:43 PM Administrative Services Department Michael Cox Level 1 Division Reviewer Completed 02/22/2017 12:12 PM Procurement Services Ted Coyman Additional Reviewer Completed 02/22/2017 6:12 PM Administrative Services Department Len Price Level 2 Division Administrator Review Completed 02/27/2017 10:48 AM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 02/28/2017 3:50 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/01/2017 9:25 AM Office of Management and Budget Laura Wells Additional Reviewer Completed 03/01/2017 10:11 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/01/2017 11:46 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/05/2017 11:09 AM Board of County Commissioners MaryJo Brock Meeting Pending 03/14/2017 9:00 AM 16.E.2 Packet Pg. 867 16.E.2.a Packet Pg. 868 Attachment: 13-6166 Simmonds_Contract (2779 : Simmonds Quantum Meruit Invoices) 16.E.2.a Packet Pg. 869 Attachment: 13-6166 Simmonds_Contract (2779 : Simmonds Quantum Meruit Invoices) 16.E.2.a Packet Pg. 870 Attachment: 13-6166 Simmonds_Contract (2779 : Simmonds Quantum Meruit Invoices) 16.E.2.a Packet Pg. 871 Attachment: 13-6166 Simmonds_Contract (2779 : Simmonds Quantum Meruit Invoices) 16.E.2.a Packet Pg. 872 Attachment: 13-6166 Simmonds_Contract (2779 : Simmonds Quantum Meruit Invoices) 16.E.2.a Packet Pg. 873 Attachment: 13-6166 Simmonds_Contract (2779 : Simmonds Quantum Meruit Invoices) 16.E.2.a Packet Pg. 874 Attachment: 13-6166 Simmonds_Contract (2779 : Simmonds Quantum Meruit Invoices) 16.E.2.a Packet Pg. 875 Attachment: 13-6166 Simmonds_Contract (2779 : Simmonds Quantum Meruit Invoices) 16.E.2.a Packet Pg. 876 Attachment: 13-6166 Simmonds_Contract (2779 : Simmonds Quantum Meruit Invoices) 16.E.2.a Packet Pg. 877 Attachment: 13-6166 Simmonds_Contract (2779 : Simmonds Quantum Meruit Invoices) 16.E.2.a Packet Pg. 878 Attachment: 13-6166 Simmonds_Contract (2779 : Simmonds Quantum Meruit Invoices) 16.E.2.a Packet Pg. 879 Attachment: 13-6166 Simmonds_Contract (2779 : Simmonds Quantum Meruit Invoices) 16.E.2.a Packet Pg. 880 Attachment: 13-6166 Simmonds_Contract (2779 : Simmonds Quantum Meruit Invoices) 16.E.2.a Packet Pg. 881 Attachment: 13-6166 Simmonds_Contract (2779 : Simmonds Quantum Meruit Invoices) 16.E.2.a Packet Pg. 882 Attachment: 13-6166 Simmonds_Contract (2779 : Simmonds Quantum Meruit Invoices) 16.E.2.a Packet Pg. 883 Attachment: 13-6166 Simmonds_Contract (2779 : Simmonds Quantum Meruit Invoices) 16.E.2.a Packet Pg. 884 Attachment: 13-6166 Simmonds_Contract (2779 : Simmonds Quantum Meruit Invoices) Invoice date Invoice Number Amount Purchase order Description 11/2/2016 7362583 2,188.95$ 4500171719 Golder Gate Community center light pole breaker repair at BMX track 11/17/2016 7362595 700.00$ 4500171719 Growth Management Department CDES extension emergency exit signs/lights replacement 11/17/2016 7362597 4,606.12$ 4500171719 North Collier Recreation Park softball and soccer parking lot lights repair and replacement 11/17/2016 7362596 1,400.00$ 4500171719 Growth Management Department/ Development services emergency exit signs/lights replacement 11/17/2016 7362598 2,241.02$ 4500171719 North Collier Recreation Park Concession walkway lights repair/replacement 11/23/2016 7362612 1,048.48$ 4500171719 Domestic Animal Services Parking lot lights repair/replacement 12,184.57$ Simmonds Outstanding Invoices 16.E.2.b Packet Pg. 885 Attachment: Simmonds invoice list (2779 : Simmonds Quantum Meruit Invoices) 16.E.2.c Packet Pg. 886 Attachment: Invoices (2779 : Simmonds Quantum Meruit Invoices) 16.E.2.c Packet Pg. 887 Attachment: Invoices (2779 : Simmonds Quantum Meruit Invoices) 16.E.2.c Packet Pg. 888 Attachment: Invoices (2779 : Simmonds Quantum Meruit Invoices) 16.E.2.c Packet Pg. 889 Attachment: Invoices (2779 : Simmonds Quantum Meruit Invoices) 16.E.2.c Packet Pg. 890 Attachment: Invoices (2779 : Simmonds Quantum Meruit Invoices) 16.E.2.c Packet Pg. 891 Attachment: Invoices (2779 : Simmonds Quantum Meruit Invoices)