Loading...
Agenda 07/27/2010 Item #16E10Agenda Item No. 16E10 July 27, 2010 Page 1 of 5 EXECUTIVE SUMMARY Recommendation that the Board review the attached documentation of the work that was done for the County, determine as to both vendors that the payment sought fairly and equitably reflects the fair value of the work performed and materials furnished to the County, for which the County has benefited, and direct the Clerk of Courts to pay the attached invoices totaling $18,556.90. OBJECTIVE: For the Board to determine that the attached unpaid invoices pertaining to completed professional services provided to the County should be paid and to so direct the Clerk of Court to make payment. CONSIDERATIONS: On February 10, 2009, the Board of County Commissioners approved an amendment to the purchasing policy to allow for limited "best value" competition among firms already under fixed term professional service agreements with Collier County. The policy was implemented that May after public discussions and interaction with the consultants under contract and County staff. In January 2010, the Clerk of the Circuit Court received three letters from Tallahassee law firms, representing various groups that fall within the application of the CCNA. These firms took the position that Collier County's BVO Policy was contrary to the CCNA. By letter dated February 22, 2010, Mr. Brock informed the Board that his Office had received three letters from attorneys representing professional organizations questioning the validity of the County's BVO process, that his Office was reviewing the legality of payments under this process, and that he was ceasing payments until the legality can be determined. A copy of Mr. Brock's letter, together with the three letters he received, is included as part of this agenda package. Based on the Clerk's concerns, staff agreed to temporarily suspend the BVO process until this matter is resolved. In an effort to bring closure to this matter, by letter dated April 8, 2010, Mr. Brock sought a formal Attorney General Opinion regarding the legality of the Clerk making paymtents to various firms providing professional services to Collier County under the CCNA. On June 7, 2010 the Attorney General issued his opinion. The Attorney General Opinion had two conclusions: (1) there is nothing within the CCNA which "authorizes an agency to include compensation rates as a factor in the initial consideration and selection of a tiro to provide professional services "; and (2) that "the Collier County Commission is authorized to detenmine the validity of an equitable claim such as quantum meruit and the Clerk of the Circuit Court may pay such claim at the County's direction." On June 22, 2010, the Board of County Commissioners in accordance with the Attorney General Opinion approved a staff recommendation to authorize the Clerk of Courts to pay several invoices for work allocated to various consultants under the BVO Policy. Subsequent to the submission of the June 22 agenda item, staff identified two additional invoices for services awarded and performed under separate BVO solicitations. Neither invoice had been fully vetted by the time of the June 22 °d meeting. One invoice is in the amount of $14,742.78 and Agenda Item No, 163E10 July 27, 2010 Page 2 of 5 is from PBS&J for work perfonned pursuant to the Vanderbilt Drive Pathway project. The other invoice is in the amount of $3,814.12 and is from Coastal Planning and Engineering for physical monitoring services of North County beaches. The invoices total $18,556.90 and copies of each are enclosed. In keeping with this Attorney General Opinion, staff is requesting that the Board review the attached documentation of the work that was done for the County, determine that the payment is sought fairly and equitably reflects the fair value of the work performed and materials furnished to the County, for which the County has benefited, and direct the Clerk of Courts to pay the attached invoices. FISCAL IMPACT: The total amount of outstanding invoices ($18,556.90) for work orders arising under current contracts are budgeted within the departments and cost centers through which they were issued. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office and is legally sufficient for Board action —SRT. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board review the attached documentation of the work that was done for the County, determine that as to both vendors the payment sought fairly and equitably reflects the fair value of the work performed and materials furnished to the County, for which the County has benefited, and direct the Clerk of Courts to pay the attached invoices totaling $18,556.90. PREPARED BY: Len Golden Price, ASD Administrator Stevc Carrell, Director, Purchasing and General Services Agenda Item No, 16E10 July 27. 2010 Page 3 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16E10 Item Summary: Recommendation that the Board review the attached documentation of the work that was done for the County, determine as to both vendors that the payment sought fairly and equitably reflects the fair value of the work performed and materials furnished to the County, for which the County has benefited, and direct the Clerk of Courts to pay the attached invoices totaling $18,556.90. Meeting Date: 7/2712010 9:00:00 AM Approved By Steve Carrell Director - PurchasinglGeneral Services Date Administrative Services Division Purchasing & General Services 7!15!2010 2:27 PM Approved By Jeff Klatzkow County Attorney Date 7/15/2010 2:55 PM Approved By Len Golden Price Administrator - Administrative Services Date Administrative Services Division Administrative Services Division '/15/2010 9:13 PM Approved By OMB Coordinator Date County Manager's Office Office of Management & Budget 7/16/2010 9:54 AM Approved By Kandy Greenwald Management/Budget Analyst Date Office of Managem -ant & Budget Office of Management & Eudget 7116/20':0 3:43 PNl Approved By r "'ark isaclson ManagementlBudget Analyst, Senior Date Office of Management & Euooet Office of Management & Budget 7117!20'1012:19 PM Collier County Attn: Darryl Richard Transportation Services Division 2885 South Horseshoe Drive Naples, FL 34104 Cont # 06 -3969 PO # 4500111497 Agenda Item No. 16E10 July 27, 2010 Page 4 of 5 Invoice Date: March 23, 2010 Project M 100010962 Invoice #: 1073764 Project Description : Vanderbilt Drive Pathway962 Invoice Comments: Invoicing Period: February 01, 2010 to February 25, 2010 Basic Services Lump Sum Rate Labor Multiplier Labor Survey Crews Direct Expenses Sub Consultants Total Invoice Retainage Sales Tax Total Due this Invoice Contract Amount: Previous Billed: Billed to Date Contract Balance Retalnage Summary Held this Invoice: Held to date: $164,960.00 $57,962.91 $72,705.69 $92,254.31 $0.00 $0.00 Remit to: PBSW PO Box 409357 Atlanta, GA 30364 -9357 Tax ID M 5"896138 Current $14,742.78 $0.00 $0.00 $0.00 $0.00 $0.00 $14,742.78 EM $14,742.78 Agenda Item No, 16E10 July 27, 2010 Page 5 of 5 COASTAL PLANNING & ENGINEERING, INC. 0 2481 NINBOCA RATONBOULEVARD . BOCA RATON, FL 33431 561- 381 -61 @PHONE 561 - 391- 9116FAX INTERNET: hRD:!Ans zrsa,%%pI&mmna net e -molt mailRHcue5lElDl9rnir10 nN Qtly McAlpa Colter County W. Harmon Turner Bldg.. Suite 103 3301 Tamltlni Trial NOPWI. FL 34112 Cweuksnfs Project It 8500.64 Biting Para[: I 011Ao - 3131110 PMeaabnsl EnglnNMp SsrAaes for. City of Naples PhysMel Monnormp Ccnoval a 0e.5124, 0841241 PON 45.108306 Project 9 195-0536.1 TASK is North County B!"chss Canoed Amount: $75,134.54 Prahiowly lmvlced: 275,134.54 PAymtln Rsaelved: $75.134.64 NOT INVOICED: 2612.11 -- TASK t North County Poaas Cony An,mnl: 386.96900 PreMousy II)WIC00: 335.78924 Paymem ROC&Ivedr $17.835.19 APn 8, 2010 Invok*# 10010E WEEKENDING: DIRECT LABOR: HOURS RATE TOTAL DUE 10121109 Professional Surveyor S MaPPor -J. Anonw0 3.DO $155.00 6466.00 1011409 Sandr Corral Enginw- S. Kashn 373 S126.00 $480.00 16'28109 Senior Cosaul Engineer. S. Keehn 0.25 $128.00 $32.00 012W10 Senor Coastal Enomear- O. Day 050 $128.00 361.00 iW IM9 Senior CAD OPsh1lw -A. Salcan 1.00 $102.00 $10200 1628709 Cosetal Engineer. N. Sham 0.50 $740[ 537.00 10,14MO Paled Sorveyw -M Lowiac 3.00 582.0[ 6246.00 10,21108 Pnjad Surveyor- M. Unwec 0.50 $92.00 "l OD 02/17110 Pnpol Surveyor - M. Low be 4.10 382 OC $=.00 0212010 Propel S- 11"-M. Lowie; 1.00 582.0[ 58200 10,1409 Geobpab B. Forrest 4.00 S6021 5241.12 10,07109 Surveyor-K. Ooaoing 4 O sea. Dc $24000 10120109 Surveyor- K. Goachn 5.00 560.0[ 530000 0224710 Surveyor -K Gooding 250 $6000 $150. DC 0296'10 OIS Operator. H. Vollmer 2.00 1150 Dc $12000 1007109 Survey Techniden -J. French 8 D $5300 $318.00 02/17/10 Survey Te .s: an- J Fmndl 8 00 553.0[ 3311l 022410 Clen,ai -T. McCauley 0.25 S40,0C $10.00 02/24110 Clarics4 K. Maoulre 6.00 $40.01Z 524000 53.25 $3,874.12 TOTAL7ASK2 $5,8114.12 TOTAL CURRENT AMOUNT DUE TRUE INVOICE ................. 8.81412 w -K"315 NOTE: The Nat Involgo M10.11l of $2,112.11 In Task 1 Is now Dung HAMUed In Task 2 on this hh".