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Agenda 09/26/2023 Item #16E 2 (Approve budget allowance for the purchase of protective footwear from Vic's Boot & Shoe, Inc.)09/26/2023 EXECUTIVE SUMMARY Recommendation to approve an increase to the current budget allowance for the purchase of protective footwear from Vic's Boot & Shoe, Inc., d/b/a Red Wing Shoe Store, from $200,000 to $300,000 annually. _______________________________________________________________________________ OBJECTIVE: To provide employees with protective footwear for the prevention of ankle and foot injuries. CONSIDERATIONS: Pursuant to CMA #5902, Workplace Safety and Health Policy, the County voluntarily abides by the Occupational Safety & Health Act of 1970 ("OSHA") to establish a workplace free from recognized hazards, as governed by the rules and regulations set forth in Title 29 of the Code of Federal Regulations, Parts 1910 and 1926. Collier County also established CMA #5806, Protective Footwear, to govern the purchase and use of protective footwear. Protective Footwear is an integral component of any Environmental, Health, and Safety program and helps to reduce costs associated with related injuries and illnesses, thus reducing Workers' Compensation costs and lost productivity. On January 12, 2021 (Agenda Item 16.E.1), the Board approved the purchase of Protective Footwear from Vic's Boot & Shoe, Inc. d/b/a Red Wing Shoe Store (“Vic’s”), for a five-year period, with an annual budgeted expenditure amount of $200,000. In approving that agenda item, the Board approved Vic’s as a single source vendor because it: (1) is the only local vendor able to comply with the protection level requirements of the County’s Protective Footwear program, (2) can provide the specialty protective boots (EMT, Electrical, Chemical, Snakebite) needed for a wide range of County services, and (3) that the closest alternate location providing the same service level and selection is a Red Wing Distributor in Lee County, but that vendor is 40 miles away, which would result in additional employee travel costs and lost productivity. The need to fit protective footwear to individual employees is a critical element of the Protective Footwear program. For Fiscal Year 2023 to present, Collier County has spent $194,085 on protective footwear. Due to unexpected inflationary costs and a supply shortage at the beginning of FY2023, staff is requesting an increase of $100,000 to meet the protective footwear needs of both existing and newly hired employees. Vic's pricing has proven to be competitive in the market, and only County employees who are exposed to workplace foot and ankle hazards are eligible to receive the protective footwear identified in CMA #5806. Based on the above, staff recommends that the Board approve an increase to the current annual budget allowance for the purchase of Protective Footwear from Vic's Boot & Shoe, Inc. d/b/a Red Wing Shoe Store from $200,000 to $300,000 annually on a going forward basis. Funds are already available within various Divisions approved budgets. FISCAL IMPACT: The anticipated program cost is $300,000 per year and is allocated within various Division budgets. GROWTH MANAGEMENT IMPACT: There is no growth management associated with this item. LEGAL RECOMMENDATION: This item is approved as to form and legality, and requires majority vote for Board approval.-SRT RECOMMENDATION: Recommendation to approve an increase to the current budget allowance for the purchase of protective footwear from Vic's Boot & Shoe, Inc. d/b/a Red Wing Shoe Store from $200,000 to $300,000 annually. Submitted by: Andrew Kelly, Environmental, Health & Safety Manager ATTACHMENT(S) 1. FY24 Waiver- VicsBoots- (PDF) 16.E.2 Packet Pg. 1756 09/26/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.E.2 Doc ID: 26527 Item Summary: Recommendation to approve an increase to the current budget allowance for the purchase of protective footwear from Vic's Boot & Shoe, Inc., d/b/a Red Wing Shoe Store, from $200,000 to $300,000 annually. Meeting Date: 09/26/2023 Prepared by: Title: Manager, Risk Finance – Risk Management Name: Greily Gonzalez 08/31/2023 3:32 PM Submitted by: Title: Risk Management Director – Risk Management Name: Michael Quigley 08/31/2023 3:32 PM Approved By: Review: Risk Management Michael Quigley Director Review Completed 08/31/2023 3:35 PM Procurement Services Vanessa Miguel Level 1 Purchasing Gatekeeper Completed 08/31/2023 4:26 PM Facilities Management Juan Delgado Additional Reviewer Completed 08/31/2023 4:37 PM Procurement Services Sandra Herrera Procurement Director Review Completed 09/04/2023 9:13 AM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 09/12/2023 9:22 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 09/12/2023 9:30 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/13/2023 10:34 AM Office of Management and Budget Blanca Aquino Luque Additional Reviewer Completed 09/14/2023 9:12 AM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 09/15/2023 1:17 PM Board of County Commissioners Geoffrey Willig Meeting Pending 09/26/2023 9:00 AM 16.E.2 Packet Pg. 1757 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:__________________________________________________ Andrew Kelly Risk Management Red Wing Safety Shoes and Boots Vics Boots $1,187,933 April 9, 2026 $300,000 Safety boots and safety shoes for County staff. Due to price increases over the last three years, an increase is required to meet Collier County's obligation to provide protective footwear to County employees that are exposed to hazards in the workplace. Collier County provides personal protective equipment (PPE) to County staff to reduce the frequency and severity of foot and ankle injuries and illnesses, thus reducing Worker's Compensation costs. Collier County voluntarily abides by the Occupational Safety and Health Act of 1970 (OSHA Act). Protective footwear requirements are referenced in the Department of Labor's Code of Federal Regulations (CFR) Title 29. General PPE requirements are given in the Occupational Safety and Health Administration's (OSHA) standard 1910.132 and Foot Protection requirements are in 1910.136. Collier County also established CMA#5902 Workplace Safety and Health Policy and CMA#5806 Protective Footwear Program to provide over-site and govern the purchase and use of protective footwear. ✔ ✔ ✔ 16.E.2.a Packet Pg. 1758 Attachment: FY24 Waiver- VicsBoots- (26527 : To Approve An Increase Of The Budget Allowance For The Purchase Of Protective Footwear) 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? Red Wing Shoes and Boots complies with all required OSHA guidelines and Vic's Boots is the only authorized distributor of Red Wing Shoes and Boots as well as the only full-service provider for protective footwear in Collier County. ✔ ✔ ✔ 16.E.2.a Packet Pg. 1759 Attachment: FY24 Waiver- VicsBoots- (26527 : To Approve An Increase Of The Budget Allowance For The Purchase Of Protective Footwear) 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: OSHA standard for Foot Protection (29 CFR 1910.136) was released in 1994. CMA#5806, Protective Footwear Policy was established in 1998. We have had a solid relationship with Vic's Red Wing Shoes and Boots for 22 years. Vic's Boots provides full service to County employees (Selection, Fitting, Warranty) and complies with all required OSHA guidelines. Vic's Boots is the only authorized distributor of Red Wing Boots and the only full-service provider for protective footwear in Collier County. Red Wing Shoes and Boots also meets the American Society for Testing and Materials (ASTM) F2413-18 Standard Test Methods for Foot Protection, F2413-18 Standard Specification for Performance Requirements for Protective Footwear and the American National Standards Institute (ANSI) for Personal Protection - Protective Footwear (ANSI Z41-1999 and Z41-1991) which 29 CFR 1910.136 incorporates by reference. Vic's Boots is the only authorized distributor of Red Wing Shoes and Boots as well as the only full-service provider for protective footwear in Collier County and Vic's Boots is a Capable Company. There are other firms that can provide basic Steel Toed Shoes, but there are no other full service providers of Safety Boots which comply with all required OSHA guidelines and can also provide specialty protective boots (EMT, Electrical, Chemical, Snakebite) in Collier County. The closest location that provides the same service is also a Red Wing Distributor and County employees would have to travel to a Lee County location which is 40 miles away from the Government Center. The BCC receives 15% off the Red Wing Shoes and Boots Corporate Price List. ✔ 16.E.2.a Packet Pg. 1760 Attachment: FY24 Waiver- VicsBoots- (26527 : To Approve An Increase Of The Budget Allowance For The Purchase Of Protective Footwear) 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: __________ The Risk Management staff attends professional safety webinars and conferences (American Society of Safety Professionals, National Safety Council) to review options with peers. Every six months, Risk Management reviews OSHA's primary PPE standards, specifically Foot Protection (29CFR 1910.136), as well as ASTM and ANSI, for any changes or updates. Andrew Kelly 7/20/2023 Sonja Sweet for Michael Quigley 7/20/2023 Juan Delgado Sandra Herrera (WAV#87) This waiver is associated with Non-Standard Agreement #21-023-NS. KellyAndrew Digitally signed by KellyAndrew Date: 2023.07.20 13:20:14 -04'00' SweetSonja Digitally signed by SweetSonja Date: 2023.07.20 13:28:46 -04'00' DelgadoJuan Digitally signed by DelgadoJuan Date: 2023.08.28 13:36:50 -04'00' HerreraSandra Digitally signed by HerreraSandra Date: 2023.08.29 08:40:59 -04'00' ✔ ✔7/20/2023 4/09/2026 16.E.2.a Packet Pg. 1761 Attachment: FY24 Waiver- VicsBoots- (26527 : To Approve An Increase Of The Budget Allowance For The Purchase Of Protective Footwear) 16.E.2.a Packet Pg. 1762 Attachment: FY24 Waiver- VicsBoots- (26527 : To Approve An Increase Of The Budget Allowance For The Purchase Of Protective Footwear) 16.E.2.aPacket Pg. 1763Attachment: FY24 Waiver- VicsBoots- (26527 : To Approve An Increase Of The Budget Allowance For The Purchase Of Protective Footwear) 16.E.2.aPacket Pg. 1764Attachment: FY24 Waiver- VicsBoots- (26527 : To Approve An Increase Of The Budget Allowance For The Purchase Of Protective Footwear) 16.E.2.aPacket Pg. 1765Attachment: FY24 Waiver- VicsBoots- (26527 : To Approve An Increase Of The Budget Allowance For The Purchase Of Protective Footwear) 16.E.2.aPacket Pg. 1766Attachment: FY24 Waiver- VicsBoots- (26527 : To Approve An Increase Of The Budget Allowance For The Purchase Of Protective Footwear) 16.E.2.aPacket Pg. 1767Attachment: FY24 Waiver- VicsBoots- (26527 : To Approve An Increase Of The Budget Allowance For The Purchase Of Protective Footwear) 16.E.2.aPacket Pg. 1768Attachment: FY24 Waiver- VicsBoots- (26527 : To Approve An Increase Of The Budget Allowance For The Purchase Of Protective Footwear) 16.E.2.aPacket Pg. 1769Attachment: FY24 Waiver- VicsBoots- (26527 : To Approve An Increase Of The Budget Allowance For The Purchase Of Protective Footwear) 16.E.2.aPacket Pg. 1770Attachment: FY24 Waiver- VicsBoots- (26527 : To Approve An Increase Of The Budget Allowance For The Purchase Of Protective Footwear) 16.E.2.aPacket Pg. 1771Attachment: FY24 Waiver- VicsBoots- (26527 : To Approve An Increase Of The Budget Allowance For The Purchase Of Protective Footwear) 16.E.2.aPacket Pg. 1772Attachment: FY24 Waiver- VicsBoots- (26527 : To Approve An Increase Of The Budget Allowance For The Purchase Of Protective Footwear) 16.E.2.aPacket Pg. 1773Attachment: FY24 Waiver- VicsBoots- (26527 : To Approve An Increase Of The Budget Allowance For The Purchase Of Protective Footwear)