Agenda 01/14/2025 Item #11E (Authorize expenditures for the sole source purchase of Prolake/Keeton aerators and related materials from Keeton Industries, Inc.)Proposed Agenda Changes
Board of County Commissioners Meeting
January 14, 2025
Add -on Item 10B: *** This item is to be heard at 11 AM. *** Recommendation to approve the Guaranteed
Maximum Price ("GMT") First Amendment to Agreement No. 21-7919-ST, Construction Management at Risk
("CMAR" ), with DeAngelis Diamond Construction LLC, for construction services for the Collier County
Behavioral Health Center project (formerly the Mental Health Facility) in the amount of $49,856,251, authorize the
Chairman to sign the attached amendment, and approve the necessary Budget Amendment. (Fund 3018, Project
50239). (Commissioner Saunders Request)
Move Item16F4 to 11D: Recommendation to award Invitation to Bid ("ITB") No. 24-8284, "Caxambas Hurricane
Ian Permanent Fuel Tank Installation" to Don Wood Inc., in the amount of 5667,164.00, approve an Owners
Allowance of $123,504.00 for potential unforeseen conditions, and authorize the Chairman to sign the attached
Agreement (Project No. 50280). (Commissioner McDaniel's Request)
Move Item 16F6 to 11E: Recommendation to authorize expenditures for the sole source purchase of
ProlakelKeeton aerators and related materials from Keeton Industries, Inc., through a waiver from the competitive
process in the amount of $250,000 per fiscal year from Keeton Industries, Inc., through Fiscal Year 2029.
(Commissioner McDaniel's Request)
Notes: Item 16A14 the table should read $2,200, 000 for the Estimated Value and $1,164, 021 for the Estimated
Value per acre for the "Category C"property located at 1063 Shadoit laivn. (Staffs Request)
Items 9C and 9D are companions to Item 9B, not Item 9A
TIME CERTAIN ITEMS:
Add on Item 19B: *** This item is to be heard at 11 AM. *** Central Receiving Facility Guaranteed Maximum
Price (GMP)
IJ1312025 9:53 Phi
1/14/2025
Item # 16.F.6
ID# 2024-2352
Executive Summary
Recommendation to authorize expenditures for the sole source purchase of Prolake/Keeton aerators and related materials
from Keeton Industries, Inc., through a waiver from the competitive process in the amount of $250,000 per fiscal year
from Keeton Industries, Inc., through Fiscal Year 2029.
OBJECTIVE: To increase the amount of available funding and annual not to exceed amount of the sole source waiver
to purchase Prolake/Keeton aerators and related materials from Keeton Industries, Inc.
CONSIDERATIONS: On April 24, 2024, the County approved Waiver #25-017-WV for an amount not to exceed
$25,000 per fiscal year to Keeton Industries, Inc. to purchase Prolake/Keeton aerators, equipment, and supplies for
Pelican Bay lakes for Fiscal Years 2025 through 2029.
Keeton Industries solar aerators are already in place in Pelican Bay in all lakes managed by the Pelican Bay Services
Division as part of its stormwater management plan. The aerators keep the water in the lakes moving so it does not
become stagnant. Stagnant water breeds mosquitoes, algae and causes other potential health hazards. By purchasing
from Keeton Industries directly, the County can keep its existing equipment operational. The original requested annual
fiscal impact cost was based on regular maintenance. Unfortunately, multiple hurricanes in a short period of time have
caused flooding of some solar aerator systems requiring replacement or repairs. Staff must use ProLake/Keeton
products, sold exclusively by Keeton Industries, Inc., because other brands are not interchangeable within the water
management system. The hurricane replacement costs have pushed spending well over the original approved annual
fiscal year expenditure of $25,000.
Pursuant to Section Eleven, Procurement Methods, 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 purchase
ProLake/Keeton aerators, accessories, and related materials from Keeton Industries, Inc. as a sole source vendor for a
not-to-exceed amount of $250,000 per Fiscal Year2025 through Fiscal Year 2029. Purchase Orders with the County’s
standard terms and conditions will be issued for purchases made through this waiver.
FISCAL IMPACT: Sufficient funding is available in the Right of Way Beautification Operating Fund (1007) for
annual maintenance. If needed, funds for replacements can be accessed in the Disaster Recovery Fund (1813). County
divisions shall utilize their budgets for purchases.
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board
approval. —SRT
RECOMMENDATIONS: To authorize expenditures for the sole source purchase of Prolake/Keeton aerators and
related materials from Keeton Industries, Inc., through a waiver from the competitive process in the amount of $250,000
per fiscal year from Keeton Industries, Inc., through Fiscal Year 2029.
PREPARED BY: Dawn Brewer, Operations Specialist II, Pelican Bay Services Division
ATTACHMENTS:
1. 25-017-WV Keeton Increase $250K -approved waiver
2. ProLake-Keeton waiver insurance requirement form
Page 5550 of 6405
WAIVER REQUEST FORM
Revised 10/01/2024
Page 1 of 4
Instructions: The Procurement Ordinance, 17-
source. Complete this form for purchases greater than $3,000 and provide the supporting documentation to the Procurement Services
Division. Waiver requests greater than $50,000 will require approval by the Board of County Commissioners. Complete all sections of
this form prior to submitting it to Procurement.
Definitions:
Single source refers to a procurement directed to one source because of standardization, warranty, or other factors, even
though other competitive sources may be available.
Sole source refers to a procurement where the selection of one particular supplier to the exclusion of all others may be
based on lack of competition, proprietary technology, copyright, warranty, or a supplier’s unique capability.
Disclaimer: Waivers are not active until the Procurement Director approves the request or the requested start date, whichever is
later. Waivers that require review by the Board of County Commissioners are not valid until Board approval is received. No purchase
order requests will be processed until formal approval has been received.
Submit Waiver requests to Procurement Services via the Jira Ticketing System.
SECTION ONE
Division: Requested Not-to-Exceed Expenditure Per FY:
Vendor Corporate Name: Summary of Item(s)/Service(s):
SECTION TWO
Sole Source Single Source One-Time Purchase Multiple Purchases
SECTION THREE
Detailed Description of Purchase. Enter a description of the item(s) that will be purchased under this waiver.
Detailed Public Purpose. Include why this purchase is essential to County operations.
SECTION FOUR
Information Technology. Select Yes if the products/services are related to Information Technology. If yes, provide the
Purchasing Compliance Code (PCC) number or email approval from IT.
Yes No
If yes, provide the PCC number:
Page 5551 of 6405
WAIVER REQUEST FORM Revised 10/01/2024
Page 2 of 4
SECTION FIVE
Justification. Identify the criteria that qualifies this purchase as a sole or single source. Check all that apply (if a box is
checked, make sure to provide an explanation below):
Sole Source
o Only Authorized Vendor of 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.
o No Comparable Product or Service. Is there another vendor who can provide a similar product/service,
regardless of cost, convenience, timeliness, etc.?
o 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.
o 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
o Standardization. Is this product/service part of a purchase that the County has already standardized on?
If yes, please provide detailed information below.
Date of BCC Standardization: BCC Agenda Item #:
o 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.
o 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.
o Other Factors. Any other reason not listed above. Explain below.
Explain. How does this purchase meet the identified sole or single source criteria checked above?
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.
Page 5552 of 6405
WAIVER REQUEST FORM Revised 10/01/2024
Page 3 of 4
Explain why it is in the County’s best interest to use this product/service rather than issuing a competitive
solicitation.
vendor/product was used? What would occur if another brand/vendor was used?
Explain how the pricing compares to other vendors/products and is it considered to be fair and reasonable.
Provide information of 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 the County to future ancillary products or services, either in terms of maintenance or
standardization?
Yes No If yes, explain what types.
Does this purchase require the County to accept terms and conditions, including those contained in hyperlinks?
Yes No If yes, attach documentation.
Market research and market alternatives. When was the last time a market evaluation was performed to determine if
anticipate evaluating the market again?
amount of the purchase will be a high risk to the County.
Page 5553 of 6405
WAIVER REQUEST FORM Revised 10/01/2024
Page 4 of 4
SECTION SIX
It is a felony to knowingly circumvent a competitive process for commodities or services by fraudulently
specifying sole source. Florida Statute 838.22(2).
Requester: Signature:
Division Director: Signature:
Department Head (Required if over $50,000): Signature:
Procurement Director or Designee: Signature:
PROCUREMENT USE ONLY
Estimated Expenditure Per FY: Additional Commentary:
P-Card PO
Attachments:
Sole/Single Source Letter
Designation
Approved Date Range
Start Date:
End Date:
Contract #:
Contract Not Applicable
Waiver #:
Contingent Upon Board Approval:
Yes No
Agenda #:
Approval Date:
Page 5554 of 6405
Page 5555 of 6405
Notice of Recommended Designate of Sole/Single Source
Notice of Intent Name
Posting Date
Due Date
Responses
Vendor Name
Recommendation
Manufacturer Name
Vendor/Provider Name
Approved Signatures
Procurement Services Director:
Page 5556 of 6405
Certificate Of Completion
Envelope Id: B714EF7E-A928-4CA2-883A-EC7771442549 Status: Completed
Subject: Complete with Docusign: 25-017-WV Increase $250K .pdf
Source Envelope:
Document Pages: 6 Signatures: 2 Envelope Originator:
Certificate Pages: 1 Initials: 0 Brooke Roxberry
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-05:00) Eastern Time (US & Canada)
3295 Tamiami Trail East, Naples, Florida
Naples, FL 33967
Brooke.Roxberry@colliercountyfl.gov
IP Address: 76.7.93.10
Record Tracking
Status: Original
12/16/2024 12:35:09 PM
Holder: Brooke Roxberry
Brooke.Roxberry@colliercountyfl.gov
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: Collier County Board of County
Commissioners
Location: DocuSign
Signer Events Signature Timestamp
Sandra Srnka
Sandra.Srnka@colliercountyfl.gov
Procurement Director
Collier County Board of County Commissioners
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 76.7.93.10
Sent: 12/16/2024 12:36:30 PM
Viewed: 12/16/2024 12:57:17 PM
Signed: 12/16/2024 12:58:05 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 12/16/2024 12:36:30 PM
Certified Delivered Security Checked 12/16/2024 12:57:17 PM
Signing Complete Security Checked 12/16/2024 12:58:05 PM
Completed Security Checked 12/16/2024 12:58:05 PM
Payment Events Status Timestamps
Page 5557 of 6405
INSURANCE REQUIREMENTS COVERSHEET
Project Name
Vendor Name
Solicitation/Contract No.
Attachments
Risk Approved Insurance Requirements Risk Approved Insurance Certificate(s)
Comments
Attachments Approved by Risk Management Division
Approval:
Page 5558 of 6405