Agenda 05/26/2020 Item #16F 3 (Lighting Equipment w/Thor Guard)05/26/2020
EXECUTIVE SUMMARY
Recommendation to authorize expenditures for the sole source purchase of lightning prediction and
warning systems and equipment by Collier County from Thor Guard, Inc., in an amount not to
exceed $100,000, for a period of five years.
OBJECTIVE: To purchase lightning prediction equipment for the newly constructed Paradise Coast
Sports Complex and Parks facilities for the safety of visitors and staff.
CONSIDERATIONS: Thor Guard, Inc. (“Thor Guard”) is the sole manufacturer and authori zed
marketer of Thor Guard Lightning Prediction and Warning Systems. The Thor Guard Lightning warning
system is a “prediction based” system as opposed to a lightning "detection” system. This system gives
visitors and staff time to seek shelter before the first ground-to-cloud or cloud-to-ground lightning strike
occurs within a 2-mile radius. All other competitor systems can only detect lightning after it has occurred.
The Paradise Coast Sports Complex will employ the first Thor Guard 360 Base system in co ncurrence
with the opening of Phase I-A to cover that portion of the facility. As the full 180-acre complex comes
online in 2021, it will be necessary to install a second Thor Guard system to cover the entirety of the
sports complex.
Collier County Parks & Recreation Division currently deploys the Thor Guard system at County parks
and aquatic centers through an existing sole source waiver. During the issuance of the waiver in 2019, the
Parks and Recreation Division did an online search for competitive vendors and found that the Thor
Guard system was the only one capable of providing the prediction-based service and best met the needs
of the County and community. Collier County Public Schools, the City of Marco Island, and the City of
Naples all employ the Thor Guard system for lightning protection at various assets.
Pursuant to Section Eleven, sub-paragraph 10 of Collier County Procurement Ordinance 2017-08, as
amended, it is in the best interest of the County to waive formal competition and exclusively pur chase
lightning detection system, warranty repair, installation, parts, service and related materials from Thor
Guard as a sole source vendor.
FISCAL IMPACT: The cost to purchase, install, and maintain the equipment for the new Paradise Coast
Sports Complex is $27,650, which includes an annual web licensing and software fee of $1,500. If a
second system is purchased, it will bring the total cost of acquisition, operation and maintenance of the
system to $62,800. Parks facilities currently has purchase orders outstanding for $37,475 to install Thor
Guard at two additional locations. Funding is provided in the Sports & Special Events Complex Budget
(Fund 759) and Parks and Recreation Division operating and capital budgets.
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for Board approval. -SRT
RECOMMENDATION: To authorize expenditures for the sole source purchase of lightning prediction
and warning systems and equipment from Thor Guard, Inc., in an amount not to exceed $100,000, for a
period of five years, for Collier County.
Prepared By: Jennifer Reynolds, Manager - Financial and Support Operations, Corporate Business
Operations.
16.F.3
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05/26/2020
ATTACHMENT(S)
1. Thor Guard waiver sc (PDF)
2. Thor guard Sole Source Letter (PDF)
16.F.3
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05/26/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.F.3
Doc ID: 12409
Item Summary: Recommendation to authorize expenditures for the sole source purchase of
lightning prediction and warning systems and equipment by Collier County from Thor Guard, Inc., in an
amount not to exceed $100,000, for a period of five years.
Meeting Date: 05/26/2020
Prepared by:
Title: Tourist Development Tax Coordinator – Tourism
Name: Kelly Green
05/18/2020 12:39 PM
Submitted by:
Title: – Corporate Business Operations
Name: Sean Callahan
05/18/2020 12:39 PM
Approved By:
Review:
Public Services Department Jennifer Reynolds Additional Reviewer Completed 05/18/2020 12:43 PM
Corporate Business Operations Sean Callahan Additional Reviewer Completed 05/18/2020 1:04 PM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 05/18/2020 3:50 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 05/18/2020 4:05 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/19/2020 8:52 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 05/19/2020 9:31 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 05/19/2020 12:29 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 05/19/2020 12:49 PM
Board of County Commissioners MaryJo Brock Meeting Pending 05/26/2020 9:00 AM
16.F.3
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Collier County
Instructions Waiver Request Form
Completed waiver requests accompanied by any associated backup documentation (sole source letter, business case, etc.) must be
submitted to the division’s Procurement Strategist for any procurement, without competition, in excess of $3,000. Waiver requests
greater than $50,000 will require approval by the Board of County Commissioners.
Sole source refers to a procurement where the selection of one particular supplier to the exclusion of all others may be based on having
only one supplier in the market place, proprietary technology, copyright, patent, or a supplier’s unique capability.
Single source refers to a procurement directed to one source because of standardization, warranty, geographic territory, or other factors,
even though other competitive sources may be available.
Requester Name:
Division:
Item/Service:
Vendor Name:
Historical
Countywide
Spend: ______________________
Requested
date range: _____________
Not to Exceed
per Fiscal Year: _______________
Is there an agreement associated with this
waiver to be reviewed by Contracts?
Yes No
Sole Source
Single Source
One Time Purchase
Multiple Purchases
Description of Purchase: Enter a description of the item(s) that will be purchased under this waiver.
Purpose: Describe in detail, the public purpose of the requested item(s) and why it is essential to County operations.
Information Technology: Select Yes if the products/services are related to Information Technology. If yes, please provide the Purchasing
Compliance Code (PCC) number or email approval documentation.
Yes No If yes, provide the PCC number:__________________________________________________
Marissa Fahey Amateur Sports Complex
Lightning Prediction Parts & Equipment Thor Guard
$54,000 05/04/20-09/30/2025 $100,000
ThorGuard Lightning Prediction Parts and Equipment to be installed at the Paradise Coast Sports
Complex and additional County Parks facilities.
Employee and Customer safety - this system gives the customer and staff time to seek shelter before
the first ground-to-cloud or cloud-to-ground lightning strike occurs within a 2-mile radius. All other
competitor systems can only detect lightning after it has occurred.
SFTW03✔
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16.F.3.a
Packet Pg. 1247 Attachment: Thor Guard waiver sc (12409 : Thor Guard Exemption Request)
Justification: Identify the criteria that qualifies this purchase as a sole or single source. Select from the list below.
Check all that apply (if box is checked, please make sure to provide an explanation below):
Sole Source
Only Authorized Vendor or Distributor: Is this vendor the only vendor authorized to sell this product/service? If yes, explain
below and provide documentation from the manufacturer confirming claims made by the distributors.
No Comparable Product or Service: Is there another vendor who can provide a similar product/service, regardless of cost,
convenience, timeliness, etc.?
Product Compatibility: Does this product/service provide compatibility with existing equipment that prohibits switching to
another comparable brand/vendor? If yes, provide the detailed explanation below, including what would occur if the other brand/vendor
were used.
Proprietary: Is this product/service proprietary? If yes, provide a detailed explanation below on how its use is restricted by
patent, copyright or other applicable laws and provide documentation validating that claim.
Single Source
Standardization: Is this product/service part of a purchase that the County has already standardized on? If yes, please provide
the detailed information below.
Date of BCC Standardization: ___________________ BCC Agenda Item number: __________________
Warranty: Is this the only vendor able to complete factory-authorized warranty services on County owned equipment? If yes,
provide the documentation verifying the warranty.
Geographic Territory: Is this vendor the only vendor authorized to sell this product/service in our region? If yes, provide
documentation from the manufacturer confirming those claims.
Other Factors: Any other reason not listed above, explain below.
Explain: How does this purchase meet the identified sole or single source criteria listed above?
Thor Guard, Inc. is the sole manufacturer and sole, authorized marketer of Thor Guard Lightning
Prediction and Warning Systems. This system predicts when lightning will occur as opposed to alerting
after lightning has already occurred.
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16.F.3.a
Packet Pg. 1248 Attachment: Thor Guard waiver sc (12409 : Thor Guard Exemption Request)
How was the decision made to use this vendor? Describe in detail if a formal standardization process was performed via
Procurement or if there is a historical precedence established for the use of the product, please explain purchase and use history and the
current level of County investment in the product.
Explain why it is in the County’s best interest to use this product/service rather than issuing a competitive solicitation: What are
the benefits from the continued use? Are there costs that would be incurred if a different vendor/product was used? What would occur if
another brand/vendor was used?
Explain how this pricing compares to other vendors/products and is it considered to be fair and reasonable: Provide information
on historical use and whether pricing has increased/decreased. If sole source and no other product is available, provide the cost for
addressing the needs via an alternate approach.
Will this purchase obligate the County to future ancillary products or services? Either in terms of maintenance or standardization.
Yes No
If yes, explain what types:
Collier County Parks has a Thor Guard system at every Community Park and some Regional
tournament facilities. The decision to utilize the Thor Guard product was decided as all Collier County
Public Schools are using the same products and services. The Amateur Sports Complex is not adjacent
to any of the County Parks so it is good practice to use the same safety service and warning systems so
as not to have discrepancies.
The County Park system already has these units located at all Community Parks, Aquatics facilities,
Little League complexes, and Sugden and North Collier Regional Parks. It makes financial and practical
sense to purchase the same system for the Amateur Sports Complex so all systems are the same.
There are only a few companies that offer a similar service. It is practical to utilize the same equipment
throughout the County for standardization purposes. The Thor Guard system has proved effective in the
County Parks where it has been installed and utilized.
Parts and service
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16.F.3.a
Packet Pg. 1249 Attachment: Thor Guard waiver sc (12409 : Thor Guard Exemption Request)
Market research and market alternatives: When was the last time a market evaluation was performed to determine if either the
technology or vendor offerings have changed? Based on the life expectancy of the product, when do you anticipate evaluating the market
again? Please attach a detailed market evaluation report should the complexity, duration, and dollar amount of the purchase be a high risk
to the County.
It is a felony to knowingly and intentionally circumvent a competitive process for commodities or services by fraudulently
specifying sole source to obtain a benefit for any person or to cause unlawful harm to another. Florida Statute 838.22(2).
Requested by:
Signature:
Date:
Division Director:
Signature:
Date:
Department Head: Required if over $50,000
Signature:
Date:
Procurement Strategist:
Signature:
Date:
Procurement Director:
Or designee
Signature:
Date:
For Procurement Use Only:
Approved Requesting Additional Information Requires RFI/Intent to Sole Source Rejected
Procurement Comments:
Current FY Approval Multi-Year Approval
Start Date: ______________ End Date: __________
An online search was performed in September 2019 and May 2020 to search for compatible systems.
There are no other systems that offer the ability to predict lightning before it strikes within a 2-mile
radius. Other systems only provide warning after lightning has already occurred. A market evaluation
will be performed at the conclusion of the exemption.
Marissa Fahey
Sean Callahan
Sara Schneeberger
Catherine Bigelow
This waiver will replace the FY20 waiver #22 which was valid until 9/30/22
05/15/2020 09/30/2025
FaheyMarissa
Digitally signed by
FaheyMarissa
Date: 2020.05.14 16:45:58
-04'00'
CallahanSean Digitally signed by CallahanSean
Date: 2020.05.15 09:10:28 -04'00'
SchneebergerS
ara
Digitally signed by
SchneebergerSara
Date: 2020.05.15 09:23:37
-04'00'
Cat Bigelow Digitally signed by Cat Bigelow
DN: cn=Cat Bigelow, o=Collier County
Government, ou=Procurement Services,
email=catherinebigelow@colliergov.net, c=US
Date: 2020.05.15 14:47:23 -04'00'
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16.F.3.a
Packet Pg. 1250 Attachment: Thor Guard waiver sc (12409 : Thor Guard Exemption Request)
16.F.3.b
Packet Pg. 1251 Attachment: Thor guard Sole Source Letter (12409 : Thor Guard Exemption Request)