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Agenda 11/08/2022 Item #16E 3 (Contract modificatons requiring Board approval by Procurement Services)11/08/2022 EXECUTIVE SUMMARY Recommendation to approve the administrative report prepared by the Procurement Services Division for contractual modifications requiring Board approval. OBJECTIVE: To promote accountability and provide transparency to the public and gain the Board's approval/ratification for various procurement -related transactions. CONSIDERATIONS: In accordance with the Board's Procurement Ordinance 2017-08 and the Procurement Manual, the Procurement Services Division produces a regular administrative report which provides for Board approval of the following transactions: • After the fact memos from various County Divisions, as requested by the Clerk's Finance staff for the timely process of invoices. • Other items as determined by the County Manager or designee that require Board approval. This administrative report includes the following: 0 Three (3) after the fact memos with a fiscal impact of $6,617.39 for additional services FISCAL IMPACT: The net total for the three (3) items is $6,617.39. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board action. -JAK GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this action. RECOMMENDATION:. To ratify/approve other items as determined by the County Manager or designee in accordance with Procurement Ordinance 2017-08. Prepared By: Sara Schneeberger, Procurement Strategist, Procurement Services ATTACHMENT(S) 1. 1108 After the Fact Report - FY23 (PDF) 2. 1108 After the Fact Backup - FY23 (PDF) Packet Pg. 1236 11/08/2022 COLLIER COUNTY Board of County Commissioners Item Number: 16.E.3 Doe ID: 23770 Item Summary: Recommendation to approve the administrative report prepared by the Procurement Services Division for contractual modifications requiring Board approval. Meeting Date: 11/08/2022 Prepared by: Title: Business Technology Analyst, Senior — Procurement Services Name: Sara Schneeberger 10/28/2022 9:39 AM Submitted by: Title: Manager - Procurement — Procurement Services Name: Sandra Herrera 10/28/2022 9:39 AM Approved By: Review: Procurement Services Procurement Services Office of Management and Budget County Attorney's Office Office of Management and Budget County Manager's Office Board of County Commissioners Ana Reynoso Level 1 Purchasing Gatekeeper Sandra Herrera Additional Reviewer Debra Windsor Level 3 OMB Gatekeeper Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Christopher Johnson Additional Reviewer Dan Rodriguez Level 4 County Manager Review Geoffrey Willig Meeting Pending Completed 10/28/2022 10:44 AM Completed 10/28/2022 2:57 PM Completed 10/28/2022 3:17 PM Completed 10/31/2022 11:19 AM Completed 11/01/2022 1:13 PM Completed 11/02/2022 11:04 AM 11 /08/2022 9: 00 AM I Packet Pg. 1237 1 0 X CD CA) 00 3 M 3 0 0 5 2. o 01 A 0 0 0 go go 0 3 LD. 3 M 2. P 3 M a RL o al E; w 10 o 0 o 0 Attachment: 1108 After the Fact Report - FY23 (23770 : Procurement Services administrative reports) 1 C,-0 - it I C*T 4CO-14"ty Instructions After the Fact Form As per section 21 of the Procurement Manual, all purchases shall be consistent and in compliance with the Procurement Ordinance (2017-08). Should work be authorized or purchases made that is inconsistent with County policy, procedure, or contract terms, an After -the -Fact Procurement Form is required. This includes purchases made in advance of a Purchase Order, when a Purchase Order is required to authorize such activity, and purchases made under an expired contract, or for goods and services not covered by the current contract or purchase order. All such "After the Fact Procurements" will be reported to the County Manager. Requester Name:Paul Beirnes Division:Tourism Division Director:Paul Beirnes Vendor Name: Paradise Advertising & Marketing Anriount:$2,557.39 Contract #: 20-7775 Purchase Order:4500214477 Why is this deemed a non -compliant purchase? Choose one. Contract W] � Ordinance 1:1 � Manual P-Card Other U Details of Purchase: Explain the circumstances behind this purchase. Paradise Advertising is requesting reimbursement of $2,557.39 for pass through costs paid to Pinterest for ads running from 8/1/22 - 8/21/22. This project was originally approved for $17,900.00 on 10/19/21. Prior to this invoice, $17,925.79 was billed. A revised estimate was signed on 8/18/22 for $20,483.18, after most of the ads for this invoice aired. The County's contract with Paradise Advertising states "The Agency will provide quotes for pre -approval and invoices and proof of performance for each of these services/projects". Since the invoice exceeds the original proposal amount and the proposal was revised after the invoice date, Finance will not pay this invoice without BCC approval. Action Required: What are you asking to be done to remedy the situation, include list of invoices if applicable? We are asking that INV-26370 for $2,557.39 be paid as the services were provided. Corrective/Preventive Action: What action is being taken to prevent this violation from re -occurring? Staff has raised this issue with Paradise Advertising and reminded them that if a revision is needed to a project estimate, work cannot continue until that revision has been signed. The requestor affirms that to the best of their knowledge the information provided in this document is true. Requested by: Signature: Date: Division Director: Paul Beirnes I Digitally signed by BeirnesPaul Signature:BeirnesPau Date. 2022.10.14 17 20 41 -04'00' Date: Revised 06/17/2021 I Packet Pg. 1239 1 PARADISE Paradise Advertising & Marketing, I nc. 5999 Central Avenue, Suite 302 St. Petersburg, FIL 33710 Collier County Board of County Commissioners Paul Beirnes Invoice Paradise Advertising & Marketing, Inc. Mail Payments to Lock Box Address Below: Paradise Advertising & Marketing, Inc. P.O. Box 161118 Altamonte Springs, Fl 32716-1118 Phone: 727-821-5155 Fax: 727-822-3722 2660 Horseshoe Dr. N. #105 Invoice # Naples, FL 34104 Invoice Date Due Date Terms Division Name Tourism Development - Naples Marco Island & The Everglades CVB Project 2021-CCT-0988 - FY22 Always On Campaign_Pinterest—Media Buy PO Number 4500214477 Campaign Name 21-CCT-068 - FY22 Always On Leisure Campaign August 2022 - Final Expenses Expenses: $2,558.20 Expense Detail Description Quantity — Digital 1.00 Expense Subtotal Discount Overage not charged to Client INV-26370 9/8/2022 10/23/2022 Net 45 Rate NetAmount Markup Amount 2,558.20 $2,558.20 0.00 $2,558.20 $2,558.20 Z�Z'00b.zu $2,558.20 ($0.81) 04 Cal UL El 00 Q (D E U a Packet Pg. 1240 PARADISE Paradise Advertising & Marketing, Inc. 5999 Central Avenue, Suite 302 St. Petersburg, FL 33710 Collier County Board of County Commissioners Paul Beimes 2660 Horseshoe Dr. N. #105 Naples, FL 34104 Invoice Paradise Advertising & Marketing, Inc. Mail Payments to Lock Box Address Below: Paradise Advertising & Marketing, Inc. P.O. Box 161118 Altamonte Springs, FI 32716-1118 Phone: 727-821-5155 Fax: 727-822-3722 Invoice # INV-26370 Invoice Date 9/8/2022 Due Date 10/23/2022 Terms Net 45 Invoice Total $2,557.39 Amount Due $2,557.39 Follow the instructions below to Mail check payments to the Paradise Bank Lockbox: (1) Include invoice numbers with corresponding invoice amounts and check total. (2) Mail check and corresponding invoice information to: Paradise Advertising and Marketing, Inc. PO Box 161118 Altamonte Springs, FL 32716-1118 Is] L, [W"-,Va 111i =111i 1711 1 k a pill 4M 1 L, 101107-11% 9 4 oxel i! a Ili =1 I L, VLSI D] =F-'V*61V1 W-11% & 1111.9 &a 0 1 1!j I =1111 If you are interested in paying Paradise via ACH bank transfer or have any billing/payables questions, please contact us via email at invoices@paradiseadv.com DO NOT MAIL CHECKS TO OUR PARADISE OFFICE ADDRESS; MAIL CHECKS ONLY TO THE LOCKBOX ADDRESS ABOVE. THE BILLING SUMMARY INDICATES THE TOTAL BILLED TO DATE AND ANY REMAINING AMOUNT TO BILL ON THE JOB, ONCE THE JOB IS DONE AND BILLED IN FULL, WILL IT THEN BE CLOSED. IF JOBS ARE FINAL BILLED AND BUDGET REMAINS, THEN THE JOB IS CONSIDERED UNDER BUDGET AND NO OTHER INVOICES SHALL BE EXPECTED. ON JOBS THAT ARE BILLED IN FULL, ANY UNBILLED AMOUNT REMAINING MAY BE REALLOCATED TO ANOTHER JOB AT AGENCY AND CLIENT DISCRETION AT ANY TIME DURING THE TERM WITH SOLE INTENT TO MAXIMIZE SPEND FOR CONTRACTUAL DOLLARS AGAINST APPROVED SCOPE OF SERVICES. Prior Invoices Total Billed to Date Total Estimate Remaining to Bill $17,925.79 $20,483.18 $20,483.18 $0.00 I Packet Pg. 1241 c'-0-it eI*--r C�o-u"ty After the Fact Form Instructions As per section 21 of the Procurement Manual, all purchases shall be consistent and in compliance with the Procurement Ordinance (2017-08). Should work be authorized or purchases made that is inconsistent with County policy, procedure, or contract terms, an After -the -Fact Procurement Form is required. This includes purchases made in advance of a Purchase Order, when a Purchase Order is required to authorize such activity, and purchases made under an expired contract, or for goods and services not covered by the current contract or purchase order. All such "After the Fact Procurements" will be reported to the County Manager. Requester Name: Jen Reynolds Division: Communications, Government, & Public Affairs Division Director: John Mullins Vendor Name: Exploritech Annount: $4,060.00 Contract #: NA Purchase Order:NA Why is this deemed a non -compliant purchase? Choose one. Contract 1:1 � Ordinance X � Manual P-Card Other Details of Purchase: Explain the circumstances behind this purchase. To celebrate the 1 00th Centennial of Collier County, a website was to be created showcasing its history. Staff worked with a vendor to create this website, purchase a web domain, and host the site. The website became active the week of September 26, 2022. Prior to activation of the site, no Purchase Order was created and no additional quotes were received, as it was thought the total cost would be under the $3,000.00 threshhold. The invoices have been received and the total amount for website creation, hosting, and domain registration total $4,060.00 Action Required: What are you asking to be done to remedy the situation, include list of invoices if applicable? Staff is asking that the vendor, who created the website in good faith, be reimbursed for the total of the two invoices, #24853 for $1,065.00 and Invoice #24852 for $2,995.00. Corrective/Preventive Action: What action is being taken to prevent this violation from re -occurring? Staff is being instructed on the purchasing policies of the Division and what the Procurement policies for Collier County entail. The requestor affirms that to the best of their knowledge the information provided in this document is true. Requested by:Jen Reynolds Digitally signed by Signature:ReynoldsJennifer RaynoldsJelionifer D te: 2022. .21 11:26:04 -04'00' Date: Division Director:John Mullins Digitally signed by M,Ilin,J,hn Signature:MullinsJohn Dale: 2)22.10.24 08:21:15 -04'00' Date: Revised 06/17/2021 I Packet Pg. 1242 1 I Exploritech, Inc. PO Box 110399 Naples, FL 34108 INVOICE BILL TO Collier County Communications. Government & Public Affairs 3299 Tamiarni Trail East - Suite 102 Naples. Florida 34112 Action: TE—C�EIVED OCT I g 2022 Office of the County Manager ACTIVITY Cohier 100 Project Hosting Annual Annual Websile Hosting October 2022 through September 2023 for www.colliercountylOO.Com Email Hosting E-mail Hosting - #1 Account at $3.75 October 2022 through September 2023 Domain Registration - 3 Years 3 Year Domain Name Registration For CollierCountylOO.com Domain Registration - 3 Years 3 Year Domain Name Registration For CollierlOO.com SSL Annual Secure Server Certificate October 2022 through September 2023 for www.rolliercountylOO.com Credit Card Payment To pay online go to explo6tech.com BALANCE DUE (e) paymentsPexploritech.com (p) 239.434.2128 Many Thanks For Your Business! exploritech INVOICE # 24853 DATE 1011112022 TERMS Due on receipt OTY RATE AMOUNT i 12 50.00 600�00 (J 12 3.75 45.00 -1. 130 00 130 00 r. cn C'4 130-DO 130�00 >- LL 1 160.00 16000 (13 ca CU LL 1 000 000 Co Q $1,065-00 (D E Packet Pg. 1243 1 I Exploritech. Inc. PO Box 110399 Naples, 1 34108 INVOICE BILL TO CoNer County Communications. Government & Public Affairs 3299 Tamiami Trail East - Suite 102 Nai Florida 34112 ACTIVI[Y Collier 100 Project Action: TE—C—E I —V E �D O-fflce of the County Manager Website Design One Time Custom Responsive Design & Development, Programming, & Fuh CMS Integration - www.colliercountylOC).com Website Upload Fee One Time Beta Test, DNS Transfer, Server Upload - www.colliercountyIOO.com ........... BALANCE DUE (e) payments@exploritech.com (p) 239.434.2128 Many Thanks For Your Business! exploritech INVOICE # 24852 DATE 10/1112022 TERMS Due orl receipt aly RATE AMOUNT 1 1 2.890-00 2,890-00 (J 1 10500 10500 '% $2,995-00 CU CU U- 2 CID Q (D E Packet Pg. 1244 c—'ait eI*--r C�o-u"ty After the Fact Form Instructions As per section 21 of the Procurement Manual, all purchases shall be consistent and in compliance with the Procurement Ordinance (2017-08). Should work be authorized or purchases made that is inconsistent with County policy, procedure, or contract terms, an After -the -Fact Procurement Form is required. This includes purchases made in advance of a Purchase Order, when a Purchase Order is required to authorize such activity, and purchases made under an expired contract, or for goods and services not covered by the current contract or purchase order. All such "After the Fact Procurements" will be reported to the County Manager. Requester Name: Robin Bain Division: PUD-SHWMD Division Director: Kari Hodgson Vendor Name: Consor Engineers, LLC Amount: $18,510.00 Contract #: 18-7432-CE Purchase Order: 4500214879 Why is this deemed a non -compliant purchase? Choose one. Contract W] � Ordinance 1:1 � Manual P-Card Other 0_ Details of Purchase: Explain the circumstances behind this purchase. Consor Engineers LLC was issued a PO for $99,795.00 for CEI Services for the Scalehouse Efficiency project and NTP commenced 10-25-21 with 210 days to Final Completion on 05/23/22; Consor began reviewing the project plans and Contractor submittals. The Contractor was issued a LNTP on October 25, 2021, under which the Contractor was obtaining required permit, preparing submittals for review & approval by the Engineer of Record and CEI, and placing orders for materials and equipment as needed. Once the Project permit was released to the Contractor, the LNTP was closed and the NTP issued on January 21, 2022, with Final Completion on August 19, 2022. The CEI's PO and Final Completion Date should have been extended by Change Order to match or exceed the Contractor's Final Completion date, but was inadvertently overlooked by the County's project management team. The error was not identified until July 8th at which time the CEI was instructed by the County's project management team to stop work on the project. The CEI's Invoice #7 had been billed through May 23, 2022, but their project management team failed to recognize that the Final Completion Date/PO expiration (May 23, 2022) had been reached. Consor has now submitted their Invoice #8 totaling $18,510.00 for the period after May 23 through July 8, 2022. As of May 23, 2022 the remaining PO balance was $41,857.50. Action Required: What are you asking to be done to remedy the situation, include list of invoices if applicable? To obtain Board approval to pay the Consultant (Consor Engineers, LLC) who has performed the work to the County's satisfaction. See attached PO, NTP, and supporting documents. Once Invoice #8 is paid, the remaining balance of $23,347.50 will be released to the project fund 474-173415-763100-59005.5.3. Corrective/Preventive Action: What action is being taken to prevent this violation from re -occurring? We have instituted safe guards in our work flow policy to track Final Completion dates of all our POs/NTPs well ahead of expiration to ensure we do not overlook these important dates. Our Vendors have been reminded that it is their responsibility to ensure no work is performed outside of the stated start and finish dates and to request timely Change Orders to extend dates in compliance with their work scope as may be needed. The requestor affirms that to the best of their knowledge the information provided in this document is true. Requested by: Robin Bain 1111t111Y 11911d by R,b, E Be ` P E, Signature:Robin E. Bain, P.E. Date 2022 10, 14 09 5235 _04-00, Date: Division Director: Kari Hodgson i Digitally signed by HodgsonKari Signature: Hod9sonKar Date 2022.10.26 17 00 11 -04'001 Date: Revised 06/17/2021 I Packet Pg. 1245 1 0 CONSOR 5621 Banner Drive, Fort Myers, FL 33912 239-278-1992 .............. ; ....... ...................... lease rerni; payment to: CONSOR Engineers, LLC - 15310 Park Row, Houston, TX 77084 ACH Pavment to. CIBC Bank ABA:071006486 Account No. 2764563 Federal ID: 59-3221706 Collier County Purchasing Department 3327 Tamiami Trail East Naples, FIL 34112 September 1, 2022 Invoice No: Final Invoice W219000FL.03 - 8 Project W219000FL.03 Collier County Landfill Scalehouse CEI Service Contract 18-7432-CE Project No. 59005.5.3 PO & WO No. 4500214879 For Drofessional services Derformed throuah JuIv 8. 2022 Task 01 Task 1 Pre-Constrction Services Billing Limits Current Prior To -Date Total Billings 0.00 8,520.00 8,520.00 Limit 8,520.00 Total this Task - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Task 02 Task 2 Scale House & Scale #4 Construction Professional Personnel Principal Engineer Inspector Totals Total Labor Billing Limits Total Billings Limit Remaining Current 18,510.00 Hours Rate Amount 3.00 238.00 714.00 34.50 136.00 4,692.00 136.50 96.00 13,104.00 174.00 18,510.00 18,510.00 Prior To -Date 49,417.50 67,927.50 89,775.00 21,847.50 Total this Task 18,510.00 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Task 99 Task 3 Reimbursable Expenses Billing Limits Current Prior To -Date Expenses 0.00 0.00 0.00 Limit 1,500.00 Remaining 1,500.00 Total this Task Total this Invoice 18,510.00 M 04 LL .he LL 00 Q E U a I Packet Pg. 1246 1