Agenda 09/12/2023 Item #16E 8 (Waive compitition process and approve the procurement of the attached Master Service Agreement to Ethernet Didication Internet Services and Off-09/12/2023
EXECUTIVE SUMMARY
Recommendation to waive competition process and approve the procurement of the attached Master Service
Agreement No. 23-018-NS - Ethernet Dedicated Internet Service and Off-Net Dedicated Internet Access with
Comcast Cable Communications Management, LLC, governing the future acquisition of Comcast Ethernet
and Fiber with projected annual costs anticipated not to exceed $300,000 per fiscal year for a five -year
period, and to authorize the Chairman to sign the attached agreement.
OBJECTIVE: To ensure that County locations continue to receive reliable and uninterrupted internet services to
support continuation of services and improve efficiency of business operations.
CONSIDERATIONS: On November 15, 2016 (Agenda item 16.E.10), the Board awarded ITB 16-6665 IT
Communication Services: Voice & Data to Centurylink for a 3 -year agreement with seven one-year renewal
options. That agreement is still in effect through November 14, 2023, with three one-year extensions available to
extend the contract until November 14, 2026. Additionally, there are internet services provided under an Exemption
from the competitive process under Master Agreement 22-021-NS with Summit Broadband for three County
locations - Main Complex Building F, Caxambas Park and backup to the ESC, which runs through June 14, 2025.
Additionally, through a separate Agreement No. 20-044-NS, Summit provides internet services at the Immokalee
Accelerator location.
The attached Master Service Agreement No. 23-018-NS with Comcast Cable Communications Management, LLC
is intended to serve as a backup to the Centurylink agreement services and the Summit Broadband locations and to
provide for services in locations where such services are unavailable or not reliable for business operations.
There are multiple County locations that currently have individual agreements with Comcast for Internet services.
Those agreements will remain in effect until they expire as County staff works toward consolidating them under the
new attached Master Service Agreement No. 23-018-NS.
In accordance with Section Eleven, subparagraph 11 of the Collier County Procurement Ordinance, as amended, staff
requests that the Board find that it is in the best interest of the County to waive competition and allow procurement of the
requested products and services where such Comcast services are available and other such providers are not. Further, it
is in the best interest for Collier County to have a Master Service Agreement with Comcast moving forward to ensure
proper protections are in place for the County as well as to consolidate and improve usage and expenditure tracking. Any
department or division wanting to purchase new services through Comcast going forward will be governed by the
attached Master Service Agreement No. 23-018-NS.
FISCAL IMPACT: The estimated spend under the Master Service Agreement No. 23-018-NS is anticipated to
increase starting with $100,0000 up to $300,000 Countywide. The funds are available in the individual division
budgets.
GROWTH MANAGEMENT IMPACT: There are no Growth Management Impacts associated with this action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for
Board approval. -SRT
RECOMMENDATION: Recommendation to waive competition and approve the procurement of the attached
Master Service Agreement No. 23-018-NS - Ethernet Dedicated Internet Service and Off-Net Dedicated Internet
Access with Comcast Cable Communications Management, LLC, as set forth above, governing the future
acquisition of Comcast Ethernet and Fiber with projected annual costs anticipated not to exceed $300,000 per fiscal
year for a five-year period, and to authorize the Chairman to sign the attached agreement.
Prepared by: Mark Gillis, Division Director, Information Technology.
Attachments (remove this text from executive summary prior to uploading):
16.E.8
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09/12/2023
1. Master Service Agreement No. 23-018-NS
2. Approved Exemption form
ATTACHMENT(S)
1. 23-018-NS-Comcast_Agreement _VendorSigned (PDF)
2. FY23 Waiver - Comcast MSA (PDF)
16.E.8
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09/12/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.8
Doc ID: 26409
Item Summary: Recommendation to approve Comcast Master Service Agreement No. 23-018-NS - Ethernet
Dedicated Internet Service and Off-Net Dedicated Internet Access, governing the future acquisition of Comcast
Ethernet and Fiber with projected annual costs anticipated to exceed $50,000 per year, and to authorize the
Chairman to sign the attached agreement.
Meeting Date: 09/12/2023
Prepared by:
Title: Division Director - Information Technology – Information Technology
Name: Mark Gillis
08/16/2023 2:00 PM
Submitted by:
Title: Division Director - Information Technology – Information Technology
Name: Mark Gillis
08/16/2023 2:00 PM
Approved By:
Review:
Information Technology Mark Gillis Director Review Completed 08/16/2023 3:46 PM
Procurement Services Vanessa Miguel Level 1 Purchasing Gatekeeper Completed 08/17/2023 3:55 PM
Procurement Services Sue Zimmerman Additional Reviewer Completed 08/22/2023 11:00 AM
Corporate Business Operations Kenneth Kovensky Additional Reviewer Completed 09/05/2023 5:08 PM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 09/06/2023 2:34 PM
Procurement Services Sandra Herrera Procurement Director Review Completed 09/06/2023 2:44 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 09/06/2023 2:46 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/06/2023 3:10 PM
Office of Management and Budget Blanca Aquino Luque Additional Reviewer Completed 09/06/2023 4:02 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 09/06/2023 4:21 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/12/2023 9:00 AM
16.E.8
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16.E.8.aPacket Pg. 1017Attachment: 23-018-NS-Comcast_Agreement _VendorSigned (26409 : Comcast Master Service Agreement for BoCC)
16.E.8.aPacket Pg. 1018Attachment: 23-018-NS-Comcast_Agreement _VendorSigned (26409 : Comcast Master Service Agreement for BoCC)
16.E.8.aPacket Pg. 1019Attachment: 23-018-NS-Comcast_Agreement _VendorSigned (26409 : Comcast Master Service Agreement for BoCC)
16.E.8.aPacket Pg. 1020Attachment: 23-018-NS-Comcast_Agreement _VendorSigned (26409 : Comcast Master Service Agreement for BoCC)
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16.E.8.aPacket Pg. 1031Attachment: 23-018-NS-Comcast_Agreement _VendorSigned (26409 : Comcast Master Service Agreement for BoCC)
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16.E.8.aPacket Pg. 1037Attachment: 23-018-NS-Comcast_Agreement _VendorSigned (26409 : Comcast Master Service Agreement for BoCC)
Waiver Request Form
Revised 06/17/2021
Instructions
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 marketplace, 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
Amount 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:__________________________________________________
16.E.8.b
Packet Pg. 1038 Attachment: FY23 Waiver - Comcast MSA (26409 : Comcast Master Service Agreement for BoCC)
Waiver Request Form
Revised 06/17/2021
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?
16.E.8.b
Packet Pg. 1039 Attachment: FY23 Waiver - Comcast MSA (26409 : Comcast Master Service Agreement for BoCC)
Waiver Request Form
Revised 06/17/2021
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 were used? What would occur if
another brand/vendor were 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 us to future ancillary products or services? Either in terms of maintenance or standardization.
Yes No
If yes, explain what types:
16.E.8.b
Packet Pg. 1040 Attachment: FY23 Waiver - Comcast MSA (26409 : Comcast Master Service Agreement for BoCC)
Waiver Request Form
Revised 06/17/2021
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 circumvent a competitive process for commodities or services by fraudulently specifying sole
source. 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: __________
16.E.8.b
Packet Pg. 1041 Attachment: FY23 Waiver - Comcast MSA (26409 : Comcast Master Service Agreement for BoCC)