Agenda 06/26/2012 Item #16D 76/26/2012 Item 16.D.7.
EXECUTIVE SUMMARY
Recommendation to waive competition "after the fact" and to authorize the payment of invoice
#2630 -QB to Alex's Pool Heating and Air Conditioning for $12,000 to replace two Chiller /Heaters
at the Golden Gate Aquatics Facility.
OBJECTIVE: To provide and maintain the correct water temperature as required by the Florida
Department of Health, and to ensure the pool was operational and comfortable for patrons for the
busy summer season that traditionally begins on Memorial Day.
CONSIDERATIONS: The Public Services Division, Department of Parks and Recreation
maintain County pool facilities at North Collier Regional Park, Golden Gate Community Aquatic
Center, and Immokalee Sports Complex. Each of these facilities requires regular preventative
maintenance on the pool coolers and heaters to maintain safe conditions for the public.
Two pool chiller /heaters at the Golden Gate Aquatics Facility were found to be non - functioning
and non repairable during routine inspection in January 2012 by the Parks and Recreation
Maintenance staff. On January 30, 2012, a single quote was obtained from Alex's Pool Heating
and Air Conditioning to remove the non - working equipment and to install (2) new higher
efficiency units. In March, Purchasing staff, at the time of requisition for this quote, required
two more competitive quotes.
During these events, Purchasing staff solicited a bid for future annual preventive maintenance
services for pool heaters and coolers. Parks staff put a hold on the requisition pending the results
of the new bid to be awarded by the Board.
On March 27, 2012 (Item 16D5), the Board approved Request for Quote (RFQ) 12 -5849 for
preventative maintenance plans and services for pool coolers/heaters to Alex's Pool Heating and
Air Conditioning. The selection of vendor was based on the lowest responsive bid for the annual
cost to perform such repair services for the Parks facilities under $3000.00. For quotes greater
than $3,000 and less than $50,000, the agreement required the Parks and Recreation staff to
obtain an additional two (2) quotes for non - emergency repairs and it identified an exception to
the rule process for emergency situations.
After the Board's approval of bid 12 -5489, Park's staff requested that the requisition on hold be
released to Alex's Pool Heating and Air Conditioning. This vendor had guaranteed that all work
would be completed by the Memorial Day holiday weekend and the Parks staff wanted to
provide the vendor with as much time as possible. Unfortunately, the purchase order was issued
for the labor and materials to install the (2) new, higher efficiency units without securing the two
required additional quotes.
Staff requests that the Board waive competition "after the fact" pursuant to Purchasing Policy
Section IV(B)(4) as it was in the best interest of the County to have the heaters / coolers
operational by the Memorial Day holiday weekend and for Alex Pool and Heating to complete
the work. Staff requests that the Board authorizes the Clerk's Finance Office to pay for invoices
associated with this work.
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6/26/2012 Item 16.D.7.
The Purchasing Director has reviewed this transaction and recommends that it is in the best
interest of the County to waive competition for the installation of these units, and request that the
Clerk's Finance Office pays the invoices.
LEGAL CONSIDERATIONS: The County Attorney is providing an "after the fact" review of
staffs unauthorized purchase of the Pool Heater /Chillers. The products were installed this
Spring and are currently in use. Although an invoice was submitted, the vendor has not been
paid.
On or about March 28, 2012, Staff issued a Purchase Order to Alex's Pool Heating and Air
Conditioning to provide regular preventative maintenance on the coolers and heaters at the
County pool facilities to maintain safe conditions for the public. The vendor identified that the
chiller/heaters at the Golden Gate Aquatics Facility needed to be replaced. Parks' Staff sent a
request for Purchase Order to the Purchasing Department which was issued. Staff was not aware
at this time that three quotes were still required under the Request for Quote due to the fact that
the vendor had been competitively selected and was operating pursuant to a valid Purchase
Order.
It is the opinion of the County Attorney that:
The purchase order for the chiller /heater could have been issued under the RFQ and
existing Purchasing Order had the Parks & Recreation staff secured two additional
quotes as required by the RFQ.
2. If the Board believes that the vendor should be paid for the work that was done, then
under the authority of Frankenmuth Mutual Insurance Company v Magaha 769 So.
2d 1012 (Fla. 2000), the Board has the power to approve or ratify the unauthorized
Purchase Order, provided that the Board now believes it has full knowledge of the
material facts relative to this Purchase Order, that the approval is done in the same
manner as if the Purchase Order had initially come to the Board for approval, and that
this approval is done at an open meeting in compliance with the Sunshine Law.
Since Staff should have secured three quotes prior to purchase, the Board will need to
make the finding that given the circumstances (including fairness to Alex's Pool
Heating and Air Conditioning's reliance on Staff to have properly awarded the work),
it is in the best interest of the County to waive this competitive bidding requirement.
This item is legally sufficient and requires majority vote. — CMG
FISCAL IMPACT: Funds for these services are budgeted in the Parks and Recreation budgets
on an annual basis.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
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6/26/2012 Item 16.D.7.
RECOMMENDATION: That the Board of County Commissioners waives competition "after
the fact" pursuant to Section IV(B)(4) of the Purchasing Policy and authorizes the payment of
invoice # 2630 -QB to Alex's Pool and Heating for $12,000.00 to replace two Chiller/Heaters at
the Golden Gate Aquatics Facility.
PREPARED BY: Todd Irby, Park Program Supervisor
ATTACHMENTS:
• Bid Tabulation for 12 -5849 Maintenance Plan for Coolers/Heaters at Collier County
Pools
• Quote for Work
• Invoice for Work
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6/26/2012 Item 16.D.7.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.7.
Item Summary: Recommendation to waive competition "after the fact" and to authorize
the payment of invoice #2630 -QB to Alex's Pool Heating and Air Conditioning for $12,000 to
replace two Chiller /Heaters at the Golden Gate Aquatics Facility.
Meeting Date: 6/26/2012
Prepared By
Name: WilliamsBarry
Title: Director - Parks & Recreation,Parks & Recreation
6/14/2012 8:55:16 AM
Approved By
Name: AlonsoHailey
Title: Operations Analyst, Public Service Division
Date: 6/14/2012 9:05:41 AM
Name: MarkiewiczJoanne
Title: Manager - Purchasing Acquisition,Purchasing & Gene
Date: 6/14/2012 12:15:32 PM
Name: MarkiewiczJoanne
Title: Manager - Purchasing Acquisition,Purchasing & Gene
Date: 6/14/2012 12:15:50 PM
Name: CamellSteve
Title: Director - Purchasing/General Services,Purchasing
Date: 6/14/2012 2:49:31 PM
Name: GreeneColleen
Title: Assistant County Attomey,County Attorney
Date: 6/14/2012 4:16:37 PM
Name: PryorCheryl
Title: Management/ Budget Analyst, Senior,Office of Management & Budget
Date: 6/15/2012 11:15:20 AM
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Name: MuckelCynthia
Title: Applications Analyst,lnformation Technology
Date: 6/20/2012 8:31:15 AM
Name: OchsLeo
Title: County Manager
Date: 6/20/2012 9:05:43 AM
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6/26/2012 Item 16.D.7.
N'
Y 1
1 i ;I;l
P.O. Box 380081
Murdock, FL 33938
941 - 629 -Alex (2539) www.629alex.com
Insured & License # CAC1815523
6/26/2012 Item 16.D.7.
PROPOSAL
Date Estimate #
1/30/2012 0088
Expiration Date:
3/1/2012
Customer Info.
Job Info.
Brd. of Cty. Comm. Clerk's Finance Dept.
Golden Gate Community Park
Attn: Accounts Payable
3300 Santa Barbara Blvd.
3299 Tamiami Tr. E. Ste. 700
Naples, FL 34116
Naples, FL 34112
Description
Qty
Total
* Replace 2 out of the 3 non - functioning/ non - repairable Pool Heaters with 2 new ones. Customer may opt to
add additional units in the future.
* Hook -up to existing electrical & PVC plumbing.
* Replace 2 Circuit Breakers.
* These Heaters /Chillers are rated at 95,000 BTU's each and come standard with Titanium Heat Exchangers.
Corrosive pool water or corrosive well water will not harm these GeoThermal Heater /Chillers.
* 5- Year Limited Manufacturer's Warranty on Parts & Labor.
* Permit fee not included & will be billed at cost.
Price Breakdown:
* 6 hrs. @ $70 per hour for labor.
6
420.00
* PVC Fittings including shut off ball valves & pressure temperature ports.
309.00
* Two bolt in style Square D Breakers 3 Phase, misc. wire & conduit, low voltage control wiring.
441.00
* $5,535 each Heater /Chiller x 2 = $11,070.00.
2
11,070.00
* Multi -Unit Discount - Less $120 per unit x 2 = $240.00
2
- 240.00
ACCEPTANCE OF PROPOSAL: The above prices, specifications, and conditions are satisfactory
and are
iereby accepted.
Alex's Pool Heating & Air Conditioning is authorized to do the work as specified. Payment wil
be made a
outlined above.
Total Price includes any current rebates or promotional discounts at the time of acceptance, and
cannot
a adjusted.
Signature of Authorized Representative:
Print:
Signature of Authorized Representative:
Print:
Terms: A 2% per month late fee will be added to invoices that are 30 days or more past completion. The proposal may change or expire if not acceptec
within 30 days of
he date received. Any
variation of this contract will be done only upon written order from the customer, and accepted by Alex's Pool Heating & Air Conditioning, LLC and will
in addition to the
contract price. Agreements
made only with authorized personnel of Alex's Pool Heating & Air Conditioning, LLC will be recognized. All material supplied by Alex's Pool Heating & A
of Alex's until the contract and additional work orders have been paid. The customer hereby gives permission to Alex's Pool Heating & Air Conditoning,
r Conditioning, LL
LC to enter upon
shall remain the property
he premises and remove the
material. All cost incurred as a result of non - payment will be paid by the customer. Any suit arising from this contract may be instituted in any court of c4
mpetentjurisdictic
n in Charlotte County, FL.
Thank you for giving us the opportunity to submit a
Total
proposal to you for our services!
$12,000.00
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%J r r
11T
Bill To
Brd. of Cry. Comm. Clerk's Finance Dept.
Attn: Accounts Payable
3299 Tamiami Tr. E. Ste. 700
Naples, FL 34112 -5749
6/26/2012 Item 16.D.7.
Invoice
P.O. Box 380081
Murdock, FL 33938
941 - 629 -Alex (2539) www.629alex.com
Insured & License # CAC1815523
Date
4/10/2012
Job Info.
Golden Gate Community Park
3300 Santa Barbara Blvd.
Naples, FL 34116
P.O. #:4500135361
Invoice #
2630 -QB
Quantity
Item Code
Description
Price Each
Amount
* Replaced 2 out of the 3 non - functioning/ non - repairable
Pool Heaters with 2 new ones.
• Hooked -up to existing electrical & PVC plumbing.
• Replaced 2 Circuit Breakers.
• These Heaters /Chillers are rated at 95,000 BTU's each
and come standard with Titanium Heat Exchangers.
Corrosive pool water or corrosive well water will not harm
these GeoThermal Heater /Chillers.
* 5- Year Limited Manufacturer's Warranty on Parts &
Labor.
Price Breakdown:
6
Pool Heating
* 6 hrs. @ $70 per hour for labor.
70.00
420.00
Pool Heating
* PVC Fittings including shut off ball valves & pressure
309.00
309.00
temperature ports.
Pool Heating
* Two bolt in style Square D Breakers 3 Phase, misc. wire
441.00
441.00
& conduit, low voltage control wiring.
2
Pool Heating
* $5,535 each Heater /Chiller x 2 = $11,070.00.
5,535.00
11,070.00
2
Pool Heating
* Multi -Unit Discount - Less $120 per unit x 2 = $240.00
- 120.00
- 240.00
Thank you! We appreciate your business!
Total $12,000.00
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Program Manager: Scott Holtrey Quote Tabulation 6/26/2012 Item 16.D.7.
Purchasing Contact: Joanne Markiewicz 12 -5849 Solicitations Downloaded: 29
Maintenance Pland for Pool Coolers and Heaters Bids Recived: 3
Alex's Pool Symbiont Conditioned Air
Items Description Heating and Air Service Co rp Corporation of
Conditioning Naples
Murdock, FL Englewood, Fl Naples, FL
1 lAnnual Maintenance Total $ 1,780.00 $ 3,876.00 $ 7,000.00
Opened by: Joanne Markiewicz 1/26/12
Witnessed by: Brenda Reaves
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Alex's Pool
Symbiont
Conditioned Air
Heating and Air
Service Corp :
Corporation of
Conditioning
Englewood, FI
Naples
P
Murdock, FL
Naples, FL
Evidence of the
company's EPA
certification in refrigerants
Yes
Yes
Yes
Evidence of the
company's CPC license
(removed requirement
Not required at this
Not required at
Not required at this
during question phase)
time
this time
time
Evidence of 3 years in
business
Yes
Yes
Yes
Evidence of Experience
Yes
Yes
Yes
Attachment 1: Vendor
Response Form
Yes
Yes
Yes
Attachment 2: LVP
N/A
N/A
Yes: Collier Count
Attachment 3: Vendor
Substitute W9
Yes
Yes
Yes
Attachment 4: Insurance
Yes
Yes
Yes
ISunbiz.org/JM produced
Yes
Yes
Yes
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