Loading...
Agenda 09/26/2023 Item #16C 4 (Resolution: Replace a resolution relating to the Special Service Charge Estoppel letter fee)09/26/2023 EXECUTIVE SUMMARY Recommendation to adopt a Resolution superseding and replacing Resolution 1998-168 relating to the Special Service Charge Estoppel letter fee of the Collier County Water -Sewer District to increase the service change for estoppel letters from $2 to $25 and approval of an agreement (#23-027-NS) with Proplogix LLC, d/b/a Orange Data Systems of five years unless terminated by the Parties and authorize expenditures under a Sole Source Waiver through FY28. OBJECTIVE: To increase the estoppel fee from $2 to $25 as a fair and reasonable sum to recover expenses for critical replacement to software, hardware, and technical support. CONSIDERATIONS: On May 19, 1998, the Board approved Resolution 1998-168 establishing the estoppel letter service fee. The County routinely receives estoppel searches/requests (or lien requests) from title companies, closing agents and others obtaining information about outstanding debt owed to the County . Over the past 25 years, the County moved from a paper request system to an online request system. The County’s IT Department has determined this online system has reached the end of its useful life as it is now obsolete and contains several cyber security flaws. The increase of the estoppel fee will cover the increased expense of the software solution, servers, and dedicated IT support that will allow the County to provide the estoppel letters in a secure manner. The solution is to enter into agreement with (#23-027-NS) Proplogix, LLC, d/b/a Orange Data Systems services that provide online estoppel software solution. Implementing this new software will eliminate critical vulnerabilities, streamline processes, and enhance the customer web portal experience. Since 1998, $2 has been charged for the estoppel services; however, the current charge does not cover the County’s expenses. The fee increases to $25 will allow $12.50 to be paid to the vendor and $12.50 will be retained by Collier County to offset internal expenses for hardware, licensing, and IT support. Collier County Public Utilities proposes an increase to $25.00 per request to maintain revenues and preserve financial stability and operating margins to meet financial commitments. The average fee among 21 Florida utility companies is $69.45. Additionally, the charge for a lien search request as set forth in the Growth Management Resolution 2021-193 fee schedule is $25.00 per search, the equivalent to the proposed rate for the search relating to the Water-Sewer District. Utility Estoppel Charge COLLIER COUNTY WATER SEWER DISTRICT 2.00$ CITY OF NAPLES 12.50$ CITY OF FT MYERS 22.00$ COLLIER COUNTY GROWTH MANAGEMENT 25.00$ CITY OF CLEARWATER 25.00$ SANIBEL 25.00$ SEACOAST UTILITY AUTHORITY 25.00$ CITY OF TAMPA 25.00$ CITY OF PINELLAS PARK 25.00$ IMMOKALEE WATER-SEWER DIST.30.00$ CHARLOTTE COUNTY 35.00$ TOWN OF FORT MYERS BEACH 35.00$ CITY OF LARGO 75.00$ CITY OF VENICE 100.00$ CITY OF HAINES 102.00$ CITY OF RIVIERA BEACH 120.00$ CITY OF OCOEE 125.00$ CITY OF FT LAUDERDALE 125.00$ CITY OF FT LAUDERDALE 125.00$ VILLAGE OF PALM SPRINGS 150.00$ CITY OF SANIBEL 250.00$ Average Estoppel Fee 69.45$ In accordance with Section Eleven, subparagraph 10, of the Collier County Procurement Ordinance 2017-08, as amended, staff requests that the Board find that it is in the best interest of the County to waive competition and 16.C.4 Packet Pg. 1277 09/26/2023 allow procurement of the requested services and approval of agreement # 23-027-NS “Lien Search Service Agreement,” with Proplogix, LLC, d/b/a Orange Data Systems with an effective date from Board approval and for a period of five years unless terminated by the Parties. FISCAL IMPACT: The FY 2023 revenue budget for estoppel fees is $47,500.00 to the Collier County Water- Sewer District Operation Fund (4008). Upon approval of the new rate, the revenue potential for FY 2024 is $475,000.00 depending on demand for estoppel services. If the increase is not approved, the fiscal impact will be a loss of revenue and service. YTD Revenue Aug & Sept new rate Annual Revenue FY2024 - Estimated 475,000.00$ FY2023 - Estimated 29,100.00$ 84,700 113,800.00$ FY2022 45,800.00$ FY2021 57,528.00$ FY2020 38,200.00$ Rate Average Annual Requests Estimates FY2024 - Revenue 25.00$ 19,000 475,000.00$ Vendor fee per request 12.50$ 19,000 (237,500.00)$ Dedicated IT Support (168,000.00)$ IT Hardware & licensing (69,500.00)$ Total Revenue -$ GROWTH MANAGEMENT IMPACT: There is no growth impact for this action. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for approval. - CAK RECOMMENDATION: That the Board of County Commissioners adopt a resolution superseding and replacing resolution 1998-168 and increase the estoppel letter fee to $25.00 per search. The resolution shall take effect immediately upon adoption and approval of an agreement (#23-027-NS) with Proplogix LLC, d/b/a Orange Data Systems of five years unless terminated by the Parties and authorize expenditures under a Sole Source Waiver through FY28. Prepared By: Joe Bellone, Director, Financial Operations Support Division ATTACHMENT(S) 1. 23-027-NS Lien Search Service Agreement Collier_Executed (PDF) 2. Proplogix LLC Sunbiz (PDF) 3. Updated Propologix - Collier County COI_9_12_23 (PDF) 4. Resolution - Estoppel Letter Fee 08.31.23 pdf (PDF) 5. FY23 Waiver 083 - OrangeD (PDF) 16.C.4 Packet Pg. 1278 09/26/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.4 Doc ID: 26060 Item Summary: Recommendation to adopt a Resolution superseding and replacing Resolution 1998-168 relating to the Special Service Charge Estoppel letter fee of the Collier County Water-Sewer District to increase the service change for estoppel letters from $2 to $25. Meeting Date: 09/26/2023 Prepared by: Title: Operations Analyst – Public Utilities Operations Support Name: Heather Sweet 08/18/2023 2:43 PM Submitted by: Title: Division Director - Operations Support – Public Utilities Operations Support Name: Joseph Bellone 08/18/2023 2:43 PM Approved By: Review: Public Utilities Operations Support Annia Machin Additional Reviewer Completed 08/18/2023 2:45 PM Public Utilities Department Andrew Youngblood Level 1 Division Reviewer Completed 08/23/2023 10:39 AM Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 08/25/2023 4:33 PM Procurement Services Sandra Herrera Procurement Director Review Completed 09/07/2023 9:26 AM Procurement Services Sandra Herrera Level 1 Purchasing Gatekeeper Completed 09/07/2023 9:26 AM Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 09/12/2023 9:17 AM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 09/12/2023 10:44 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 09/12/2023 10:46 AM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 09/14/2023 11:25 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/15/2023 11:22 AM Corporate Compliance and Continuous Improvement Megan Gaillard Additional Reviewer Completed 09/18/2023 7:50 AM County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 09/18/2023 11:51 AM Board of County Commissioners Geoffrey Willig Meeting Pending 09/26/2023 9:00 AM 16.C.4 Packet Pg. 1279 16.C.4.a Packet Pg. 1280 Attachment: 23-027-NS Lien Search Service Agreement Collier_Executed [Revision 1] (26060 : Estoppel Letter Fee Increase) 16.C.4.a Packet Pg. 1281 Attachment: 23-027-NS Lien Search Service Agreement Collier_Executed [Revision 1] (26060 : Estoppel Letter Fee Increase) 16.C.4.a Packet Pg. 1282 Attachment: 23-027-NS Lien Search Service Agreement Collier_Executed [Revision 1] (26060 : Estoppel Letter Fee Increase) 16.C.4.a Packet Pg. 1283 Attachment: 23-027-NS Lien Search Service Agreement Collier_Executed [Revision 1] (26060 : Estoppel Letter Fee Increase) 16.C.4.a Packet Pg. 1284 Attachment: 23-027-NS Lien Search Service Agreement Collier_Executed [Revision 1] (26060 : Estoppel Letter Fee Increase) 16.C.4.a Packet Pg. 1285 Attachment: 23-027-NS Lien Search Service Agreement Collier_Executed [Revision 1] (26060 : Estoppel Letter Fee Increase) 16.C.4.a Packet Pg. 1286 Attachment: 23-027-NS Lien Search Service Agreement Collier_Executed [Revision 1] (26060 : Estoppel Letter Fee Increase) 16.C.4.a Packet Pg. 1287 Attachment: 23-027-NS Lien Search Service Agreement Collier_Executed [Revision 1] (26060 : Estoppel Letter Fee Increase) 7/21/23, 11:10 AM Detail by Entity Name https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=PROPLO…1/2 Document Number FEI/EIN Number Date Filed State Status Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Limited Liability Company PROPLOGIX, LLC Filing Information L16000157921 81-3763469 08/17/2016 FL ACTIVE Principal Address 5901 N. Honore Ave. Ste. 200 Sarasota, FL 34243 Changed: 03/12/2020 Mailing Address 5901 N. Honore Ave. Ste. 200 Sarasota, FL 34243 Changed: 03/12/2020 Registered Agent Name & Address Miller, Kathrine 5901 N. Honore Ave. Ste. 200 Sarasota, FL 34243 Name Changed: 02/01/2019 Address Changed: 03/12/2020 Authorized Person(s) Detail Name & Address Title MGR BERLIN, EVAN N 5901 N. Honore Ave. Ste. 200 D C Florida Department of State 16.C.4.b Packet Pg. 1288 Attachment: Proplogix LLC Sunbiz (26060 : Estoppel Letter Fee Increase) 7/21/23, 11:10 AM Detail by Entity Name https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=PROPLO…2/2 Sarasota, FL 34243 Title MGR BITER, JESSE M 5901 N. Honore Ave. Ste. 200 Sarasota, FL 34243 Title MGR EBLING, JAMIE A 5901 N. Honore Ave. Ste. 200 Sarasota, FL 34243 Title MGR Cusimano, David 5901 N. Honore Ave., Ste. 200 Sarasota, FL 34243 Annual Reports Report Year Filed Date 2021 02/04/2021 2022 02/28/2022 2023 01/26/2023 Document Images 01/26/2023 -- ANNUAL REPORT View image in PDF format 02/28/2022 -- ANNUAL REPORT View image in PDF format 02/04/2021 -- ANNUAL REPORT View image in PDF format 03/12/2020 -- ANNUAL REPORT View image in PDF format 02/01/2019 -- ANNUAL REPORT View image in PDF format 03/12/2018 -- ANNUAL REPORT View image in PDF format 02/15/2017 -- ANNUAL REPORT View image in PDF format 08/17/2016 -- Florida Limited Liability View image in PDF format Florida Department of State, Division of Corporations 16.C.4.b Packet Pg. 1289 Attachment: Proplogix LLC Sunbiz (26060 : Estoppel Letter Fee Increase) 09/12/2023 Purmort and Martin Insurance Agency LLC 2301 Ringling Boulevard Sarasota FL 34237 Certificates (941) 366-7070 (941) 953-4901 certificates@purmort.com Proplogix, LLC 5901 N Honore Ave, Ste 200 Sarasota FL 34243 Cincinnati Indemnity Company 23280 Southern Owners 10190 Zenith Insurance Co 13269 Evanston Insurance Company 35378 23-24 A Y ENP 057 88 19 05/25/2021 05/25/2024 1,000,000 500,000 10,000 1,000,000 2,000,000 2,000,000 A ENP 057 88 19 05/25/2021 05/25/2024 1,000,000 B 10,000 5464277600 07/31/2023 05/25/2024 4,000,000 4,000,000 C N M1240005 12/18/2022 12/18/2023 1,000,000 1,000,000 1,000,000 D Professional Liability MKLV2PEO001530 09/10/2023 09/10/2024 Each Occurrence $2,000,000 Aggregate $2,000,000 Ref: Services provided under Contract No. 23-027-NS Collier County Board of County Commissioners are included as additional insured on the General Liability policy on a primary and non-contributory basis. Collier County Board of County Commissioners 3295 Tamiami Trail E. Naples FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 16.C.4.c Packet Pg. 1290 Attachment: Updated Propologix - Collier County COI_9_12_23 [Revision 2] (26060 : Estoppel Letter Fee Increase) 08/21/2023 Purmort and Martin Insurance Agency LLC 2301 Ringling Boulevard Sarasota FL 34237 Certificates (941) 366-7070 (941) 953-4901 certificates@purmort.com Proplogix, LLC 5901 N Honore Ave, Ste 200 Sarasota FL 34243 Palomar Excess and Surplus Insurance Company 16754 23/24 Cyber Liability A CYBER LIABILITY PLMCBSUKKZUFRI002 07/03/2023 07/03/2024 PER CLAIM $3,000,000 AGGREGATE $3,000,000 Collier County Board of County Commissioners 3295 Tamiami Trail E. Naples FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 16.C.4.c Packet Pg. 1291 Attachment: Updated Propologix - Collier County COI_9_12_23 [Revision 2] (26060 : Estoppel Letter Fee Increase) 16.C.4.c Packet Pg. 1292 Attachment: Updated Propologix - Collier County COI_9_12_23 [Revision 2] (26060 : Estoppel Letter Fee Increase) 16.C.4.dPacket Pg. 1293Attachment: Resolution - Estoppel Letter Fee 08.31.23 pdf (26060 : Estoppel Letter Fee Increase) 16.C.4.dPacket Pg. 1294Attachment: Resolution - Estoppel Letter Fee 08.31.23 pdf (26060 : Estoppel Letter Fee Increase) 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:__________________________________________________ Heather Sweet Utility Billing & Customer Service Lien Search Orange Data Systems -0-FY23-FY28 * Below Proplogix LLC d/b/a ORANGE DATA SYSTEMS provides MuniConnect, which is a sole source product developed, maintained and distributed exclusively for lien search automation and code lien settlement platform. Orange Data Systems shall respond to requests for information from third-party organizations for information on behalf of Collier County. Collier County will provide information on permits, utility and debts owed to Collier County for code enforcement, whether a lien has been filed or not, utility and permit fees and any other debt owed to Collier County from its constituents. Additional information located at https://www.orangelien.com/faqs * Per agreement there will be no out of pocket expenses by Collier County to vendor. The Board approved resolution 1998-168 establishing the Estoppel Letter Service fee as allowed in Florida Statute section 119.07(4d)1. In the past 25 years we have moved from paper form request to online request by an IT homegrown legacy system, however this system is now obsolete and contains several cyber security flaws. The security scans performed by Collier County IT Dept. indicate critical security vulnerabilities that must be mitigated. The application has no support and has reached end of life. The increase of the Estoppel fee will cover increased expense of software solution, servers, and dedicated IT Support. The desire is to recover the cost of providing services to persons requesting records. The solution is to enter into agreement with Orange Data Services that provide online estoppel software solution. Implementing Orange Data Service software eliminates critical vulnerabilities, streamlines processes, and enhances customer web portal experience. SASW01 ✔ ✔✔ ✔ 16.C.4.e Packet Pg. 1295 Attachment: FY23 Waiver 083 - OrangeD (26060 : Estoppel Letter Fee Increase) 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? No other company may resell or distribute MuniConnect and this product must be purchased directly from Orange Data Systems. ✔ ✔ 16.C.4.e Packet Pg. 1296 Attachment: FY23 Waiver 083 - OrangeD (26060 : Estoppel Letter Fee Increase) 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: Utility Billing & Customer Service (UBCS) was notified by IT that the existing program had a security breach issue and a new plan had to be implemented. Accordingly, UBCS did research and benchmarked information from other Florida counties and cities and attached is the information. Benchmarking was performed to determine average fee amongst 21 Florida Utility Companies. The average fee is $69.45 per estoppel request. Growth Management Resolution 2021-193 fee schedule for lien search request is $25.00 equivalent to our proposed rate. Collier County Public Utilities proposes an increase to $25.00 per request to maintain revenues and preserve financial stability and operating margins to meet financial commitments. The solution is to enter into agreement with Orange Lien Data services that provide online estoppel software solution. Implementing Orange Lien Data software eliminates critical vulnerabilities, streamlines processes, and enhances customer web portal experience. As indicated above, the average fee is $69.45 per estoppel request. Growth Management Resolution 2021-193 fee schedule for lien search request is $25.00 equivalent to our proposed rate. Collier County Public Utilities proposes an increase to $25.00 per request to maintain revenues and preserve financial stability and operating margins to meet financial commitments. ✔ 16.C.4.e Packet Pg. 1297 Attachment: FY23 Waiver 083 - OrangeD (26060 : Estoppel Letter Fee Increase) 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: __________ Within the last few months (March - June 2023). Report attached. Heather Sweet Joseph Bellone Juan Delgado Sandra Herrera (23-027-NS Agreement)This waiver is associated with Non-Standard Agreement #23-027-NS and requires Board approval. Should this agreement be terminated prior to the end date noted below, this waiver shall be null and void upon date of termination. BelloneJoseph Digitally signed by BelloneJoseph Date: 2023.07.28 07:22:20 -04'00' DelgadoJuan Digitally signed by DelgadoJuan Date: 2023.08.23 11:08:05 -04'00' HerreraSandra Digitally signed by HerreraSandra Date: 2023.08.24 08:09:56 -04'00' ✔ ✔9/12/2023 9/11/2028 Heather A. Sweet Digitally signed by Heather A. Sweet Date: 2023.06.26 11:14:40 -04'00' 16.C.4.e Packet Pg. 1298 Attachment: FY23 Waiver 083 - OrangeD (26060 : Estoppel Letter Fee Increase) Orange Data MUNIBRIDGE Stewart Holley Orange Data Systems 1339 Arlington Street Orlando, FL 32805 Date: 06/21/2023 Re: Sole Provider of MuniConncet To Whom This May Concern, This letter is to confirm that MuniConnect, a lien search automation and code lien settlement platform, is a sole source product developed, maintained, and distributed exclusively by Proplogix LLC d/b/a Orange Data Systems. No other company may resell or distribute MuniConnect. This product must be purchased directly from Orange Data Systems at the address listed above. There are no agents, resellers, or dealers authorized to represent this product. There are no known competing products or services that fulfill the same requirements as provided within MuniConnect. The point of contact for Ora nge Data Systems is Stewart Holley whose contact information is below: Stewart Holley stewart@orangedata.com 0. 407. 96 .4245 Orange Data Systems 16.C.4.e Packet Pg. 1299 Attachment: FY23 Waiver 083 - OrangeD (26060 : Estoppel Letter Fee Increase) Utility Estoppel Charge GATEWAY SERVICES CDD -$ IMMOKALEE WATER-SEWER DIST.-$ COLLIER COUNTY 2.00$ CITY OF NAPLES 12.50$ CITY OF FT MYERS 22.00$ CITY OF CLEARWATER 25.00$ CITY OF MARCO 25.00$ CITY OF TAMPA 25.00$ CITY OF PINELLAS PARK 25.00$ CITY OF SANIBEL 25.00$ TOWN OF FORT MYERS BEACH 35.00$ CHARLOTTE COUNTY 35.00$ CITY OF LARGO 75.00$ CITY OF VENICE 100.00$ CITY OF HAINES 102.00$ CITY OF WEST PALM BEACH 117.00$ CITY OF RIVIERA BEACH 120.00$ CITY OF FT LAUDERDALE 125.00$ CITY OF OCOEE 125.00$ CITY OF BOYNTON BEACH 140.00$ VILLAGE OF PALM SPRINGS 150.00$ Average Estoppel Fee 61.21$ 16.C.4.e Packet Pg. 1300 Attachment: FY23 Waiver 083 - OrangeD (26060 : Estoppel Letter Fee Increase)