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Agenda 09/14/2021 Item #16E 4 (Waiving competition and approve Community Utilities Environmental Services, Inc. for closed circuit television sewer camera inspection vehicles, parts, softwre and services)09/14/2021 EXECUTIVE SUMMARY Recommendation to waive competition and approve Community Utilities Environmental Services, Inc. (“CUES”), as the single source vendor for closed circuit television sewer camera inspection vehicles, parts, software, and services. OBJECTIVE: Efficiently maintain County equipment through an approved network of vendors and dealerships for products, parts, supplies, and services. CONSIDERATIONS: Collier County owns four CUES equipped sewer viewing trucks. CUES is the only authorized dealer for product sales, parts, and services for CUES vehicles, parts, software, and services. CUES products and services are expected to exceed the $50,000 annual competitive threshold established for formal competitive solicitations as set forth in Secti on Three, subsection 3, and Section Eleven, subsection 14, of the Board’s Procurement Ordinance. Section Eleven, subsection 10, of the Procurement Ordinance authorizes the Board to waive the competitive process and allow procurement from a single source provider for purchases above $50,000 “because of standardization, warranty, or other factors, even though other competitive sources may be available.” The Board approved standardization of CUES equipment on May 24, 2011 (Agenda Item 16.C.1). The typical life expectancy for most CUES equipped vehicles is ten years, but hardware and parts are replaced more frequently due to the environment in which they are used. Staff requests that the Board waive formal competition and approve CUES as a single source ve ndor for CUES products, parts, service, shipping, and handling costs through FY 2027. Staff will monitor the marketplace annually for other sources available for CUES equipment, parts, and services. If other sources are found to be available, staff will initiate competitive bids for those products at that time. FISCAL IMPACT: Funds for repair parts and maintenance services are budgeted in the Fleet Management Administration, Fund 521, operating budget and in Wastewaters Collections Fund 408. Historically purchases from CUES Inc, have been $45,000-$200,000 annually. If a complete new unit is required in the next year or two the cost is estimated at $400,000. GROWTH MANAGEMENT IMPACT: No growth management impact will result from this action. LEGAL CONSIDERATION: This item is approved as to form and legality and requires majority vote for Board approval. -SRT RECOMMENDATION: Waive competition and approve Community Utilities Environmental Services, Inc., as a single source vendor for CUES products, parts, services, shipping, and handling costs for purchases above $50,000 annually for the period FY 2022 thru FY 2027. Prepared by: Mario Menendez, Senior Operations Analyst ATTACHMENT(S) 1. FY21 Waiver Request 045 - CUES (PDF) 16.E.4 Packet Pg. 2661 09/14/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.E.4 Doc ID: 17633 Item Summary: Recommendation to waive competition and approve Community Utilities Environmental Services, Inc. (“CUES”), as the single source vendor for closed circuit television sewer camera inspection vehicles, parts, software, and services. Meeting Date: 09/14/2021 Prepared by: Title: Operations Analyst, Senior – Fleet Management Name: Mario Menendez 07/30/2021 5:03 PM Submitted by: Title: Division Director - Fleet Management – Fleet Management Name: Dan Croft 07/30/2021 5:03 PM Approved By: Review: Fleet Management Dan Croft Director Review Completed 08/02/2021 8:19 AM Procurement Services Ana Reynoso Level 1 Purchasing Gatekeeper Completed 08/02/2021 12:41 PM Procurement Services Sara Schneeberger Additional Reviewer Completed 08/02/2021 4:04 PM Agenda Clerk Preview Michael Cox Agenda Clerk Review Completed 08/03/2021 11:26 AM Procurement Services Catherine Bigelow Additional Reviewer Completed 08/05/2021 3:26 PM Procurement Services Sandra Herrera Additional Reviewer Completed 08/23/2021 10:44 AM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 08/23/2021 1:54 PM Grants Erica Robinson Level 2 Grants Review Completed 08/24/2021 2:59 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/24/2021 3:04 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/25/2021 8:53 AM Office of Management and Budget Susan Usher Additional Reviewer Completed 08/29/2021 4:09 PM Grants Therese Stanley Additional Reviewer Completed 09/01/2021 1:15 PM County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 09/07/2021 1:53 PM Board of County Commissioners Geoffrey Willig Meeting Pending 09/14/2021 9:00 AM 16.E.4 Packet Pg. 2662 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:__________________________________________________ Mario Menendez Fleet Management Manufacture of Parts, Software, Authorized Service CUES INC $65,000-$400,000 anually FY22-FY27 $500,000 We have existing systems that must be maintained using proprietary parts supplied by CUES. Standardization was previously approved by the BCC. Items include but not limited to: Complete camera systems and vehicles, replacement camera parts, repairs and maintenance of CUES equipment, software and related items for underground camera work. The Fleet Management and Wastewater Divisions purchase parts, supplies and services to maintain the operational readiness of three CUES equipped pipeline viewing trucks currently in service. ✔ ✔ ✔✔ 16.E.4.a Packet Pg. 2663 Attachment: FY21 Waiver Request 045 - CUES (17633 : Approve Community Utilities Environmental Services, Inc., as a single source vendor) 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? 5/24/2011 16C1 Standardization was previously approved by the BCC. See attachement. ✔ ✔ 16.E.4.a Packet Pg. 2664 Attachment: FY21 Waiver Request 045 - CUES (17633 : Approve Community Utilities Environmental Services, Inc., as a single source vendor) 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: Wastewater standardized to Cues equipment in 2011 and currently owns four of these very sophisticated and expensive sewer camera systems. This vendor is the only manufacture/supplier of these products. Wastewater standardized to Cues equipment in 2011 and currently owns four of these very sophisticated and expensive sewer camera systems. Because of high costs, operator and maintenance training, and inventory parts, changing systems would not be practical or in the best interests of the County. We have existing systems that must be maintained using proprietary parts supplied by CUES. The Wastewater division has been utilizing CUES equipment since 2005. This vendor is the only manufacture/supplier of these CUES products. ✔ 16.E.4.a Packet Pg. 2665 Attachment: FY21 Waiver Request 045 - CUES (17633 : Approve Community Utilities Environmental Services, Inc., as a single source vendor) 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: __________ The last market evaluation was in 2010.Typical life expectancy is 10 years for most CUES equipped vehicles. Hardware and parts very due to the environment they are used in. The Wastewater Division has one new CUES equipped unit on order. Fleet does not anticipate any change for 10 years. Mario Menendez Dan Croft 06/18/2021 Sean Callahan Sara Schneeberger Catherine Bigelow 10/01/2021 09/30/2027 MenendezMario Digitally signed by MenendezMario Date: 2021.06.18 10:42:13 -04'00' CroftDan Digitally signed by CroftDan Date: 2021.06.18 12:07:59 -04'00' CallahanSean Digitally signed by CallahanSean Date: 2021.07.11 17:24:03 -04'00' SchneebergerS ara Digitally signed by SchneebergerSara Date: 2021.07.16 12:25:14 -04'00' BigelowCatheri ne Digitally signed by BigelowCatherine Date: 2021.07.16 12:26:03 -04'00' ✔ ✔ 16.E.4.a Packet Pg. 2666 Attachment: FY21 Waiver Request 045 - CUES (17633 : Approve Community Utilities Environmental Services, Inc., as a single source vendor) 16.E.4.a Packet Pg. 2667 Attachment: FY21 Waiver Request 045 - CUES (17633 : Approve Community Utilities Environmental Services, Inc., as a single source vendor) 16.E.4.a Packet Pg. 2668 Attachment: FY21 Waiver Request 045 - CUES (17633 : Approve Community Utilities Environmental Services, Inc., as a single source vendor)