Agenda 07/11/2017 Item #16D 707/11/2017
EXECUTIVE SUMMARY
Recommendation to authorize payment of outstanding invoice # 40856 to EarthBalance for
nuisance and exotic plant species maintenance events at the Pepper Ranch Preserve Phase II in the
total amount of $80,982 under the equitable principle of quantum meruit.
OBJECTIVE: To pay EarthBalance for an outstanding invoice for nuisance and exotic plant species
maintenance events at the Pepper Ranch Preserve in the total amount of $80,982.
CONSIDERATIONS: The Board-approved Agreement # 14-6332 with EarthBalance, along with five
other exotic vegetation removal contractors, on October 28, 2014 (BCC Agenda Item 16.D.9). That
contract pre-qualifies vegetation removal contractors to provide quotes for County work.
In February 2017, staff requested quotes from three of the six contracted venders for Phase II
Maintenance work at Pepper Ranch Preserve. Staff received two quotes and one no-quote (see copies
attached), and the results confirmed EarthBalance as providing the lowest quote. Staff was subsequently
instructed that they should have requested quotes from all six awarded vendors on contract because the
Agreement states: “For work greater than $50,000 and less than $200,000: the department may quote out
work among all the Contractor(s) on contract, or may conduct a separate new solicitation.” (Agreement #
14-6332, Section 2, Statement of Work). Staff’s omission to obtain quotes from all six vendors was an
error, which now requires Board approval to allow for payment for the completed work.
Staff is requesting that the Board authorize payment for the outstanding invoices under the equitable
principle of quantum meruit because the County has benefited from the work performed by the vendor
and the costs charged are reasonable for the services provided. Therefore, staff requests that payment in
the amount of $80,982 be authorized for EarthBalance’s outstanding invoice # 40856.
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 if
done under circumstances when payment could be expected. Although here there is a contract in place,
payment is being withheld because staff neglected to obtain quotes from all six county vendors as
required by the contract. Staff reviewed the outstanding invoice, confirmed the work was successfully
performed and concluded that the payment requested by the vendor is reasonable for the work performed.
Accordingly, this item is approved as to form and legality, and may be approved by a majority vote. -SRT
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
FISCAL IMPACT: The amount outstanding relative to the subject invoice is $80,982. Sufficient funds
are provided and a purchase order is issued for the work in Conservation Collier Fund (174).
RECOMMENDATION: To authorize payment for outstanding invoice # 40856 in the amount of
$80,982 for work performed by EarthBalance under the equitable theory of quantum meruit, so that the
Clerk’s Office may process the invoice and remit payment.
Prepared by: Matt Catoe, Operations Analyst, Parks and Recreation Division
ATTACHMENT(S)
1. EarthBalance Invoice 40856 (PDF)
07/11/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.7
Doc ID: 3393
Item Summary: Recommendation to authorize payment of outstanding invoice # 40856 to
EarthBalance for nuisance and exotic plant species maintenance events at the Pepper Ranch Preserve
Phase II in the total amount of $80,982 under the equitable principle of quantum meruit.
Meeting Date: 07/11/2017
Prepared by:
Title: Operatins Analyst – Parks & Recreation
Name: Matthew Catoe
06/19/2017 10:57 AM
Submitted by:
Title: Division Director - Parks & Recreation – Parks & Recreation
Name: Barry Williams
06/19/2017 10:57 AM
Approved By:
Review:
Parks & Recreation Ilonka Washburn Additional Reviewer Completed 06/19/2017 1:26 PM
Public Services Department Joshua Hammond Additional Reviewer Completed 06/20/2017 7:09 AM
Public Services Department Sean Callahan Additional Reviewer Completed 06/20/2017 8:04 AM
Parks & Recreation Barry Williams Additional Reviewer Completed 06/27/2017 8:51 AM
Public Services Department Steve Carnell Level 1 Division Reviewer Skipped 06/27/2017 5:04 PM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 06/27/2017 5:16 PM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 06/28/2017 9:25 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/28/2017 9:37 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 06/29/2017 10:32 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/30/2017 11:47 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 07/03/2017 12:58 PM
Board of County Commissioners MaryJo Brock Meeting Pending 07/11/2017 9:00 AM
Pepper Ranch Preserve Phase II Maintenance 1 of 1 pages Initials ____ Date ____
10720.10
2579 N. Toledo Blade Blvd., North Port, FL 34289 941.426.7878(p) 941.426.8778 (f) earthbalance.com
April 30, 2017
Collier County Board of County Commissioners
Attn: Finance Department
P.O. Box 413016
Naples, Florida 34101-3016
Re: Invoice # 40856Dated April 30, 2017 – Pepper Ranch Preserve Phase II
Maintenance
Per your request, please see the table below in reference to the project and invoice
stated above. Should you have any questions or comments, feel free to contact us at
anytime.
Position/Equipment Hourly Rate Total Hours Total Fee Amount
Project Manager $105 40 $4,200
Crew Leader $62 360 $22,320
Herbicide Applicator $28 1800 $50,400
Chemical NA NA $4,062
Total $80,982
Thank you,
Erik Sandsmark
Project Manager
EarthBalance®
2579 North Toledo Blade Blvd.
North Port, FL 34289
Office: 941-426-7878
Fax: 941-426-8778
esandsmark@earthbalance.com
Project Manager Erik Sandsmark
Collier County Board of County Commissioners
Attn: Finance Department
3299 Tamiami Trail
700
Naples, FL 34112-5749
April 30, 2017
Invoice No:40856
EarthBalance
2570 Commerce Parkway
North Port, FL 34289
Phone: (941) 426-7878
Fax: (941) 426-8778
Project 10720.10 Pepper Ranch Preserve Phase 2
Professional Services for the Period:April 1, 2017 to April 30, 2017
Billing Group 001 Ongoing Maintenance
PO: 4500176173 Dated: 2.23.17
The Ongoing Maintenance fot the Prpper Ranch Preserve Pahse II project located in Collier County, FL was completed in April 2017.
Billing Task Task Fee
Percent
Complete Fee Earned Prior Billing Current Fee
Ongoing Maintenance 80,982.00 100.00 80,982.00 0.00 80,982.00
Total Fee 80,982.00 80,982.00 0.00 80,982.00
Total Fee 80,982.00
$80,982.00Task Total
$80,982.00Billing Group Total
$80,982.00TOTAL AMOUNT DUE