Loading...
Agenda 09/14/2021 Item #16C 1 (FDLE & FBI as a sole source for background checks and fingerprinting)09/14/2021 EXECUTIVE SUMMARY Recommendation to reaffirm that the Florida Department of Law Enforcement and the Federal Bureau of Investigation are sole source providers for background checks and fingerprinting pursuant to Florida Statute 125.5801, approve the current fee changes, and authorize subsequent annual fee changes made by the sole source provider. OBJECTIVE: To reaffirm Florida Department of Law Enforcement (“FDLE”) and the Federal Bureau of Investigation (“FBI”) as sole source providers and recognize current fee changes. CONSIDERATIONS: Florida authorizes the Board of County Commissioners (Board) to conduct background checks on its employees, contractors, and vendors that have direct access to members of the public or a public facility as provided under Section 125.5801, Florida Statutes. Collier County Ordinance No. 2004-52, as amended, requires state and federal criminal history records checks for applicants and current employees, contractors, vendors, repair persons, and delivery persons, which the Board deems to be critical to security and public safety regarding any facility owned or operated by Collier County. The County Manager’s Administrative Policy (CMA 5390) articulates the implementation of this program. On April 12, 2011, the Board approved Agenda Item 16.E.2, authorizing County staff to utilize FDLE and FBI as the sole source provider for fingerprint-type background checks. The FDLE and the FBI perform background checks (fingerprinting). Rates may fluctuate each year and are determined by FDLE and FBI. The fees are paid for by the County’s private contractors, and either by the Human Resources or the individual Divisions for County employees and volunteers. It is projected that the annual cost of these background checks will exceed the $50,000 competitive threshold, which requires the Board’s approval under the County’s Purchasing Ordinance. Below are the rates for background check categories from 2019 to 2021: FDLE Rates: Description 2019 2021 Criminal History Record Check: VECHS Employees and all other Applicant submissions not listed above $38.75 $37.25 Criminal History Record Check: Employee Submissions (DCF, DJJ, DOEA ORIs) to the Clearinghouse includes the five-year retention fee $46.75 $45.25 All subsequent notifications of fee changes will be attached to the contract for future reference. Only the FDLE and the FBI can perform these types of background checks (the Collier County Sheriff’s Office uses these same agencies for its background checks), making this a sole source procurement. Due to fingerprinting being required by Florida statute, the Procurement Division does not require a sole source waiver. Staff is requesting that the Board continue to waive the formal bid process and authorize staff to procure these services from the organizations listed above, knowing rates may change annually. FISCAL IMPACT: Annual spending has averaged $61,000 over the last four years. Billing for background checks ranges between $3,500 and $8,000 per month, depending on the time of year. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT 16.C.1 Packet Pg. 1810 09/14/2021 GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board reaffirm the Florida Department of Law Enforcement and the Federal Bureau of Investigation as sole providers for background checks and fingerprinting as provided in Florida Statutes §125.5801, authorize expenditures in excess of the competitive threshold but not to exceed the annual amount of $100,000, approve the current fee changes, and authorize payments for any subsequent annual fee changes made by the sole source providers. Prepared By: Kodi Northern, Supervisor, Building Automation Center, Division of Facilities Management 16.C.1 Packet Pg. 1811 09/14/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.1 Doc ID: 17606 Item Summary: Recommendation to reaffirm that the Florida Department of Law Enforcement and the Federal Bureau of Investigation are sole source providers for background checks and fingerprinting pursuant to Florida Statute 125.5801, approve the current fee changes, and authorize subsequent annual fee changes made by the sole source provider. Meeting Date: 09/14/2021 Prepared by: Title: – Facilities Management Name: Becca Zimmerman 08/17/2021 8:57 AM Submitted by: Title: Director - Facilities Maangement – Facilities Management Name: Ed Finn 08/17/2021 8:57 AM Approved By: Review: Procurement Services Ana Reynoso Level 1 Purchasing Gatekeeper Completed 08/17/2021 10:34 AM Public Utilities Operations Support Jennifer Morse Additional Reviewer Completed 08/17/2021 11:40 AM Procurement Services Sandra Herrera Additional Reviewer Completed 08/18/2021 9:35 AM Facilities Management Ed Finn Director - Facilities Completed 08/21/2021 6:04 PM Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 08/23/2021 8:13 AM Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 08/23/2021 12:08 PM Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 08/28/2021 11:25 AM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 08/30/2021 9:45 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/30/2021 10:47 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/30/2021 11:10 AM Office of Management and Budget Susan Usher Additional Reviewer Completed 08/30/2021 2:15 PM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 09/01/2021 11:06 AM Board of County Commissioners Geoffrey Willig Meeting Pending 09/14/2021 9:00 AM 16.C.1 Packet Pg. 1812