Agenda 04/25/2023 Item #16E 1 (To promote accountibility and provide transparency to the public and gain the Boards approval for various procurement related transactions that were not incompliance contract terms or procurement requirements)04/25/2023
EXECUTIVE SUMMARY
Recommendation to approve the administrative report prepared by the Procurement Services Division for
various County Division's After-the-Fact purchases requiring Board approval in accordance with
Procurement Ordinance 2017-08 and the Procurement Manual, as well as, to approve the payment of
$5,404.95 in expenditures that have been incurred that were out of compliance with the contracts or
procurement requirements for associated invoices that have not been paid.
OBJECTIVE: To promote acco untability and provide transparency to the public and gain the Board’s
approval/ratification for various procurement -related transactions that were not incompliance contract terms
or procurement requirements.
CONSIDERATIONS: Pursuant to Section Twenty-One Unauthorized Purchases, all purchases made shall be in
accordance with the Board’s Procurement Ordinance 2017-08, as amended, and those purchased contrary to those
provisions the County is not bound by. In accordance with the Procurement Manual, those pu rchases made not in
conformance with the ordinance, policy, procedure, or contract terms require an After-the-Fact form reported to the
County Manager and the Board.
Staff is requesting the Board to accept this administrative report approving the After -the-Fact memos from various
Divisions and authorize the timely payment of outstanding invoices. This administrative report includes the
following:
1. This after the fact is submitted by the Fleet Management Division due to staff exceeding their $3,000
single quote threshold purchase order without obtaining three quotes as required. Outstanding invoices
total= $2,619.45
2. This after the fact is submitted by the CPP Division due to staff not obtaining quotes for additional
tests/services that were not on the original list of items requested. Outstanding invoices total=
$2,785.50
FISCAL IMPACT: The net total for the two (2) items is $5,404.95.
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 approve the administrative report prepared by the Procurement Services Division for
various County Division's After-the-Fact purchases requiring Board approval in accordance with Procurement
Ordinance 2017-08 and the Procurement Manual, as well as, to approve the payment of $5,404.95 in expenditures
that have been incurred that were out of compliance with the contracts or procurement requirements for associated
invoices that have not been paid.
.
Prepared By: Jennifer Ziglar, Operations Support Specialist II, Procurement Services
ATTACHMENT(S)
1. 042523 After the fact report (PDF)
2. 042523 Valvoline v3 ATF (PDF)
3. 042523 Phenova ATF (PDF)
16.E.1
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04/25/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.1
Doc ID: 25091
Item Summary: Recommendation to approve the administrative report prepared by the Procurement Services
Division for various County Division's After-the-Fact purchases requiring Board approval in accordance with
Procurement Ordinance 2017-08 and the Procurement Manual, as well as, to approve the payment of $5,404.95 in
expenditures that have been incurred that were out of compliance with the contracts or procurement requirements
for associated invoices that have not been paid.
Meeting Date: 04/25/2023
Prepared by:
Title: – Procurement Services
Name: Jennifer Ziglar
03/29/2023 3:56 PM
Submitted by:
Title: Manager - Procurement – Procurement Services
Name: Sandra Herrera
03/29/2023 3:56 PM
Approved By:
Review:
Procurement Services Ana Reynoso Level 1 Purchasing Gatekeeper Completed 03/29/2023 5:37 PM
Procurement Services Sandra Herrera Procurement Director Review Completed 04/13/2023 12:38 PM
Corporate Compliance and Continuous Improvement Megan Gaillard Additional Review Completed
04/16/2023 7:19 PM
Office of Management and Budget Christopher Johnson Additional Reviewer Completed 03/30/2023 8:23 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/30/2023 8:41 AM
Office of Management and Budget Blanca Aquino Luque Additional Reviewer Completed 03/30/2023 10:36 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/03/2023 9:04 AM
Procurement Services Geoffrey Willig Additional Reviewer Skipped 04/07/2023 11:33 AM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 04/18/2023 3:52 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 04/25/2023 9:00 AM
16.E.1
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Item Contract or Purchase OrderDate Description of Project Vendor Name Division ‐ DirectorFiscal Impact for Additional ServicesOutstanding Invoices Description14500219636 & 4500218363/22/2023Oil change/lube services Sunshine Lubes LLC DBA Valvoline Fleet Management- John King $2,619.45 $2,619.45Division staff exceeded the $3,000 single quote threshold purchaseorder without obtaining three quotes as required.24500204101, 4500208447, 45002159154/13/2023Lab quality tests Phenova CPP- Beth Johnssen $2,785.50 $2,785.50Division staff did not obtain quotes for additional tests/services that were not on the original list of items requested.Meeting DateTotal number of After the Fact MemosFiscal Impact for Additional ServicesOutstanding Invoices4/11/2023 2 $5,404.95 $5,404.9516.E.1.aPacket Pg. 1862Attachment: 042523 After the fact report (25091 : Procurement Services administrative reports)
After the Fact Form
Revised 06/17/2021
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: Division:
Division Director: Vendor Name:
Amount: Contract #: Purchase Order:
Why is this deemed a non-compliant purchase? Choose one.
Contract Ordinance Manual P-Card Other
Details of Purchase: Explain the circumstances behind this purchase.
Action Required: What are you asking to be done to remedy the situation, include list of invoices if applicable?
Corrective/Preventive Action: What action is being taken to prevent this violation from re-occurring?
The requestor affirms that to the best of their knowledge the information provided in this document is true.
Requested by: Signature: Date:
Division Director: Signature: Date:
16.E.1.b
Packet Pg. 1863 Attachment: 042523 Valvoline v3 ATF (25091 : Procurement Services administrative reports)
After the Fact Form
Revised 06/17/2021
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: Division:
Division Director: Vendor Name:
Amount: Contract #: Purchase Order:
Why is this deemed a non-compliant purchase?Choose one.
Contract Ordinance Manual
P-Card Other
Details of Purchase:Explain the circumstances behind this purchase.
Action Required:What are you asking to be done to remedy the situation, include list of invoices if applicable?
Corrective/Preventive Action: What action is being taken to prevent this violation from re-occurring?
The requestor affirms that to the best of their knowledge the information provided in this document is true.
Requested by: Signature: Date:
Division Director: Signature: Date:
Revvised
Danette Kinaszczuk Pollution Control
Beth Johnssen Phenova, Inc.
2,785.50 N/A
4500204101, 4500208447, 4500215915
The Pollution Control lab is required by TNI lab certification to perform proficiency tests twice a year. The lab orders various water quality tests depending on what is needed at the
time. Amounts and tests can vary beyond the usual items listed on the quotes due to factors such as whether there are new analysts running analyses, if quick response Quality
Controls tests are needed to troubleshoot an issue, or new analyses are added to the lab scope and additional tests may need ordered to ensure safety.
Purchase orders were opened through the proper RFQ process before the services were authorized. There are currently eight outstanding invoices. Due to staff turnover, County staff
became aware of these outstanding invoices after the receipt of vendor statement in January 2023.
Three of the invoices (dated between 7/23/2020 and 4/22/2021) were received timely but were rejected by the County staff due to items being either not on quotes or vendor billing
less than quoted. The vendor did not resubmit revised invoices and they were never paid. In an effort to bill less, the vendor bundled some of the tests for cost savings to the County
which resulted in items not listed on the quotes being provided. Staff audited the invoices and determined that the overall total of each invoice is less than the amount if the tests were
billed separately as per quote. Additionally, the vendor provided credits for two of the invoices which ultimately provided cost savings of $141.00 for the County.
One invoice dated 4/27/2021 was rejected by County staff in error. The other four invoices dated between 1/17/2022 and 7/19/2022 were never received.These invoices are billed
according to the quoted pricing but were received in early 2023. Potential reason for not receiving the invoices may be that the vendor had incorrect mailing address for the County.
The request is for the Board to ratify/approve payment for the eight outstanding invoices from
Phenova, Inc. for performing proficiency tests which were necessary to maintain TNI Lab
certification and ensure public safety. These services/ items have been received by the the County
and were confirmed by staff to be sufficient, adequate, and necessary required tests.
There are a total of eight invoices 162456, 170334, 170538, 170925, 177910,183913, 183914, and
184455 in the total amount of $2,785.50(see attached excel spreadsheet and invoices).
Staff will keep track of Purchase Order balances to ensure all tests/services ordered are properly invoiced by the vendor. Financial Manger will
run monthly reports in SAP Dolphin and work with the Division for continued follow up with the vendor on re-submittal of rejected invoices. If none
are received the rejected invoice will be listed on the year end report.
Staff is considering how to bid these services out to include the hundreds of one time tests that could possibly be needed based on the situation
that arises and for safety purposes in the laboratory. Staff will ensure that the services ordered are compliant with the bid and/or quote provided.
Staff has reached out to the vendor to provide the correct mailing address and email for invoice submission.
Danette Kinaszczuk
Beth Johnssen
✔
KinaszczukDanette Digitally signed by KinaszczukDanette
Date: 2023.04.13 10:02:52 -04'00'
Johnssen_b Digitally signed by Johnssen_b
Date: 2023.04.13 10:06:52
-04'00'
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Packet Pg. 1864 Attachment: 042523 Phenova ATF (25091 : Procurement Services administrative reports)
RecordInvoice # Invoice dateInvoice AmountAmount due Purchase Order Items SAP Status Reason 692991162456 7/23/2020$212.25 $189.00 4500204101 Quality Control samples for Re-certifying microbiology analystsStaff rejected in SAP on 8/21/20Individual tests were part of quote but vendor combined tests to provide savings to the County and the combo was not part of the Quote. Invoiced price of 212.25 was less than Quoted Price if billed separately $228.75. Additionally, vendor provided additional credit of 755454170334 4/20/2021$288.00 $264.75 4500208447 Quality Control samples for Re-certifying microbiology analystsStaff rejected in SAP on 4/28/21Individual tests were part of Quote but vendor combined tests to provide savings to the County and the combo was not part of the Quote. Invoiced price of 288.00 was less than Quoted Price if billed separately $322.50. Additionally, vendor provided additional credit of 870686170538 4/22/2021 $314.25 $314.254500208447 Rapid Response samples for recertifying analyses after PT failureStaff rejected in SAP in 9/16/22Individual tests were part of Quote but vendor combined tests to provide savings to the County and the combo was not part of the Quote. Invoiced price of 314.25 was less than Quoted Price if billed 759906170925 4/27/2021 $205.50 $205.504500208447 Rapid Response samples for Re-certifying microbiology analystsStaff rejected in SAP on 5/14/21Items invoiced per Quote. Rejected in error. 927536177910 1/17/2022 $363.00 $363.004500215915 Required twice annually Proficiency Tests for lab certification.Includes PT-ANSET-WS which covers AN1 & AN2 tests as a combo instead of individuallyNeed MIGO Invoice was not received timely; items invoiced per Quote927535183913 7/11/2022 $363.00 $363.004500215915 Required twice annually Proficiency Tests for lab certification.Includes PT-ANSET-WS which covers AN1 & AN2 tests as a combo instead of individuallyNeed MIGO Invoice was not received timely; items invoiced per Quote927534183914 7/5/2022 $509.25 $509.254500215915 Required twice annually Proficiency Tests for lab certification.Includes PT-MINSET which covers MIN1, MIN2, COND as a combo instead of individuallyIncludes PT-NUTSET which covers NUT1, NUT2, NUT3 tests as a combo instead of individuallyNeed MIGO Invoice was not received timely; items invoiced per Quote927533184455 7/19/2022 $576.75 $576.754500215915 Required twice annually Proficiency Tests for lab certification.Usual PT samples for microNeed MIGO Invoice was not received timely; items invoiced per Quote$2,832.00 $2,785.50
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Packet Pg. 1865 Attachment: 042523 Phenova ATF (25091 : Procurement Services administrative reports)
Statement
6390 Joyce Dr., #100
Golden, CO 80403
04/05/23Statement Date:
Customer No:1502543
Prepared For:Collier Cty DNR Pollution Lab
Net 30Invoice Terms:
All Amounts in US Dollars
Collier Cty DNR Pollution Lab
3339 Tamiami Trail East
Suite 700
Naples, FL 34112-5744
USA
Date Invoice Sales Order Reference Charge Credit Balance
07/23/20 162456 212.25 189.00269788 4500204101
04/20/21 170334 288.00 264.75280952 4500208447
04/22/21 170538 314.25 314.25281365 4500208447
04/27/21 170925 205.50 205.50281517 4500208447
01/17/22 177910 363.00 363.00288471 4500215915
07/11/22 183913 363.00 363.00288474 4500215915
07/05/22 183914 509.25 509.25288475 4500215915
07/19/22 184455 576.75 576.75288476 4500215915
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t: 866-942-2978 | f: 866-283-0269 | info@phenova.com | www.phenova.com
Questions? Please contact our accounting department at accounts@phenova.com
2785.502785.500.000.000.00
Total Balance Due90 Days60 Days30 DaysCurrent
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