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Agenda 01/22/2019 Item #16D1101/22/2019 EXECUTIVE SUMMARY Recommendation to authorize payment of outstanding Invoice Number 1239 to Carter Fence Company, Inc. (Carter Fence) for chain link fence repairs at the North Collier Regional Park (NCRP) in the total amount of $8,315. OBJECTIVE: To pay Carter Fence for chain link fence repairs at NCRP in the total amount of $8,315. CONSIDERATIONS: In September 2017, the County asked Carter Fence to provide proposals for multiple park locations with damaged fencing. Carter Fence subsequently provided proposals written as lump sum quotes. Staff informed Carter Fence that the proposals had to be based on time and materials rather than a lump sum and, in December 2017, Carter Fence withdrew its proposal for NCRP claiming that it was unable to provide a time and materials proposal as requested. In January 2018, Carter Fence completed multiple repairs at NCRP including fencing at the Maintenance building and at the soccer and softball fields, with no specific authorization by the County to commence the work. N otwithstanding the lack of direction to perform those services, the work completed by Carter Fence was necessary, professionally accomplished, and benefited the County. Staff is requesting that the Board of County Commissioners (Board) authorize payment for the outstanding invoices under the equitable principle of quantum meruit because, despite not having an agreement to perform services with the County, the County benefited from the work performed by Carter Fence and the costs charged are reasonable for the services provided. Staff validated the reasonableness of the costs charged in Carter Fence’s Invoice Number 1239 by comparison of pricing for similar items with historical pricing from previous purchases. Therefore, staff requests that the Board authori ze payment of Carter Fence’s Invoice Number 1239 (copy attached) in the amount of $8,315. FISCAL IMPACT: The amount outstanding relative to the subject invoice is $8,315. Funding is available in Parks and Recreation Division Capital Fund (306), Project No. 80371.1. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact. 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 work performed that was completed under circumstances when payment could be expected. In this instance, no contract existed at the time the work was performed but the work that was performed was completed under circumstance where payment could be expected. As set forth in the attached back-up, Staff reviewed the invoice as well as the work that has been done and concluded that 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 for outstanding Invoice Number 1239 in the amount of $8,315 for work performed by Carter Fence Company, so that the Clerk’s Office may process the invoice and remit payment. Prepared By: Matthew Catoe, Operations Analyst, Parks and Recreation Division ATTACHMENT(S) 1. CollierCountyParksandRec_Invoice_1239 (PDF) 16.D.11 Packet Pg. 927 01/22/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.11 Doc ID: 7701 Item Summary: Recommendation to authorize payment of outstanding Invoice Number 1239 to Carter Fence Company, Inc. (Carter Fence) for chain link fence repairs at the North Collier Regional Park (NCRP) in the total amount of $8,315. Meeting Date: 01/22/2019 Prepared by: Title: Operations Analyst – Parks & Recreation Name: Matthew Catoe 01/03/2019 10:18 AM Submitted by: Title: Division Director - Parks & Recreation – Parks & Recreation Name: Barry Williams 01/03/2019 10:18 AM Approved By: Review: Parks & Recreation Matthew Catoe Additional Reviewer Skipped 01/03/2019 10:19 AM Parks & Recreation Barry Williams Additional Reviewer Completed 01/03/2019 1:26 PM Public Services Department Joshua Hammond Level 1 Reviewer Completed 01/03/2019 3:15 PM Public Services Department Todd Henry Level 1 Division Reviewer Completed 01/03/2019 4:01 PM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 01/04/2019 10:04 AM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 01/09/2019 8:59 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/09/2019 10:01 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/09/2019 10:11 AM Office of Management and Budget Susan Usher Additional Reviewer Completed 01/15/2019 11:39 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 01/15/2019 12:26 PM Board of County Commissioners MaryJo Brock Meeting Pending 01/22/2019 9:00 AM 16.D.11 Packet Pg. 928 Total Invoice Total: $8,315.00 Deposit: $0.00 Paid: $0.00 Balance Due: $8,315.00 www.carter-fence.com 3490 Shearwater Street Naples, FL 34117 (239) 353-4102 kendra@carter-fence.com Invoice #1239 Date Created: Mon Jan 29, 2018 Customer Point of Contact Collier County Parks and Rec. Collier County Parks & Recreation 15000 Livingston Road Naples, FL 34109 239-289-8127 Bryan Vehovec bryan.vehovec@colliercountyfl.gov (239) 280-8812 Service Location Collier County Parks & Recreation 15000 Livingston Road Naples, FL 34109 Billing Address: 15000 Livingston Road Naples, FL 34109 Item(s) Qty Name Description 1 Chain Link Fence Repair : Comm., 6'H, Black, 6 Gauge At Gas Tank: Re cement 2 - 2" Line Post At North Side Of Maint. Building Re cement 3 - 2" Line Post and Replace 10' of 6' High 6 Gauge Wire $295.00 1 Chain Link Repair : Comm., 15'H, Black, 6 Gauge At Soccer Fields : On North side of fields 1,2,3,And 4 Remove / Dispose od 4 sets of 24' double swing gates X 15' H Install 96' Of new 15'High Black 6 Gauge Wire , including ne post , top mid. and bottom rails to close off Openings $7,870.00 1 Chain Link Fence Repair : Comm., 6' + 8' + 10, 8 Gauge Permafused, Black Soft Ball Field Repairs , these are in addition to already contracted repairs . Re Tie all fence a on all fields as needed At Field # 5 on East side replace 10' of 1-5/8" PP40 Top Rail and 10' of 8 ' High , 8 Gauge Perma fused Wire Replace rusted Tension and Brace bands as needed , these to be invoiced in addition to base price at time and material 1 Trip Charge: Collier County $150.00 1 Completed This job was completed 1/18/2018 Created with mHelpDesk 16.D.11.a Packet Pg. 929 Attachment: CollierCountyParksandRec_Invoice_1239 (7701 : Carter Fence - Outstanding Invoice # 1239) Payment Methods Accepted: Cash, Check or Credit Card. If you would like to make a payment on our website using a credit card, please go to the following link: https://carter-fence.com/transaction-form/ Thank you for choosing Carter Fence as your trusted Fence Company! Terms and Conditions 1.5% interest per month can be charged on past due accounts over 30 days. In the event of a suit for collection, reasonable attorney’s fees and collection costs will be added to the cost of this invoice. In the event of any litigation from this contract or account, the parties agree that the venue will be in Collier County, and Florida law will govern. Please use this as your original copy, no original copy will be mailed. Created with mHelpDesk 16.D.11.a Packet Pg. 930 Attachment: CollierCountyParksandRec_Invoice_1239 (7701 : Carter Fence - Outstanding Invoice # 1239)