Agenda 02/28/2017 Item #16F 302/28/2017
EXECUTIVE SUMMARY
Recommendation to authorize payment of an outstanding invoice under the equitable principle of
quantum meruit for plants supplied by Isael Carrasco d/b/a IC Brokers Nursery in the amount of
$7,132.50.
OBJECTIVE: To pay Isael Carrasco d/b/a IC Brokers Nursery (IC Brokers Nursery) for the final
delivery of plants per invoice #11840 in the amount of $7,132.50.
CONSIDERATIONS: On July 6, 2016, the Pelican Bay Services Division (PBSD) Board authorized
$30,000 for the re-landscaping of at least one cul-de-sac as part of a pilot project and for other landscape
maintenance and plant replacement in the medians. On September 7, 2016, after observing the completed
cul-de-sac work, the PBSD Board expanded the scope of the project and authorized an additional $60,550
for the re-landscaping of 33 additional cul-de-sacs and for re-landscaping median areas. Installation was
accomplished by PBSD staff.
Staff obtained three written quotes for plants (as permitted under Section 8 of the Purchasing Ord inance).
The project was awarded to the lowest bidder per line item as follows in Fund 322:
Vendor Purchase Order No. Initial Amount
Bernsen Nurseries 4500170962 $12,920.25
IC Brokers 4500170959 $19,182.25
J&J Wholesale Nursery 4500170960 $ 4,185.50
TOTAL $36,288
In November of 2016, rather than initiating a new competitive process as required by the Procurement
Ordinance, PBSD staff used the original bids obtained in September to purchase additional replacement
plants for Pelican Bay Blvd and Gulf Park Drive.
PBSD staff increased and Procurement Division staff approved the existing IC Brokers purchase order to
$47,882.25 to accomplish the expanded scope of work. The final attempted increase for $7,132.50 was
rejected because it would push the total for the purchase order to be greater than $50,000, which is the
competitive threshold. The total cost of plants that were ordered and accepted from IC Brokers Nursery is
$54,227.25. The final amount of each purchase order from the three vendors is as follows:
Vendor Purchase Order Amount
Bernsen Nurseries 4500170962 $26,195.25
IC Brokers 4500170959 $47,882.25
J&J Wholesale Nursery 4500170960 $ 4,185.50
TOTAL $78,263
Staff has been made aware that they should not have increased the scope of work and re-solicited the
additional work as a new project pursuant to the PBSD Board’s subsequent direction.
The Procurement Division reviewed the competitive process used for the original scope of work and
determined it acceptable and allowed under Section 8 of the Board’s Purchasing Ordinance.
Notwithstanding staff’s action, which resulted in the purchase of plant product that exceeded the
competitive threshold, it was determined that the plant products were satisfactorily delivered, accepted,
and purchased at prices deemed fair and reasonable. As a result, staff requests that payment be authorized
under the equitable principle of quantum meruit for the remaining outstanding invoice in the amount of
16.F.3
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02/28/2017
$7,132.50 to IC Brokers Nursery.
FISCAL IMPACT: The funds are available in PBSD Capital Fund 322.
LEGAL CONSIDERATIONS: This item has been reviewed by the Office of the County Attorney.
Broadly speaking, quantum meruit is an equitable legal principle to determine the amount to be paid for
services or goods when no contract exists or when there is doubt as to the amount due for the work
performed or goods provided under circumstances when payment could be expected. Although here the
original solicitation was below the competitive threshold and solicited properly, payment is being
withheld because staff allowed for the purchase of additional plant material (after the original solicitation)
that exceeded the competitive threshold without initiating a new competitive process or otherwise seeking
prior Board approval. As set forth herein, staff has reviewed the outstanding invoices, as well as the
product received, and has concluded that the payment requested by the contractor represents fair market
value and is reasonable for the plant material supplied. Accordingly, this item is approved as to form and
legality, and requires a majority vote for approval.-SRT
RECOMMENDATION: That the Board of County Commissioners authorizes payment of an
outstanding invoice under the principle of quantum meruit for the plants received in the amount of
$7,132.50 from Isael Carrasco d/b/a IC Brokers Nursery.
Prepared by: Mary McCaughtry, Operations Analyst
Approved by: Marion Bolick, Operations Manager
Approved by: W. Neil Dorrill, Division Director
ATTACHMENT(S)
1. Cul-de-Sac Plants J&J Wholesale (PDF)
2. Cul de Sac Plant Quote Bensen Nurseries (PDF)
3. Cul de Sac Plant Quote IC Brokers (PDF)
4. Cul de Sac Plant Quotes Recap (PDF)
5. IC Brokers Invoice 11840 (PDF)
16.F.3
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02/28/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.F.3
Doc ID: 2774
Item Summary: Recommendation to authorize payment of an outstanding invoice under the
equitable principle of quantum meruit for plants supplied by Isael Carrasco d/b/a IC Brokers Nursery in
the amount of $7,132.50.
Meeting Date: 02/28/2017
Prepared by:
Title: Operations Analyst – Pelican Bay Services
Name: Mary McCaughtry
02/17/2017 4:18 PM
Submitted by:
Title: Manager - Pelican Bay Services – Pelican Bay Services
Name: Marion Bolick
02/17/2017 4:18 PM
Approved By:
Review:
Procurement Services Lissett DeLaRosa Level 1 Purchasing Gatekeeper Completed 02/21/2017 2:15 PM
Procurement Services Adam Northrup Additional Reviewer Completed 02/21/2017 2:31 PM
Procurement Services Tracey Payne Additional Reviewer Completed 02/21/2017 3:06 PM
Procurement Services Brenda Brilhart Additional Reviewer Completed 02/21/2017 3:13 PM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 02/22/2017 11:14 AM
County Manager's Office Tim Durham Additional Reviewer Completed 02/22/2017 11:15 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/22/2017 11:17 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 02/22/2017 12:05 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/22/2017 1:47 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 02/22/2017 2:27 PM
Board of County Commissioners MaryJo Brock Meeting Pending 02/28/2017 9:00 AM
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Proposal
Date
7/21/2016
Proposal #
1389
Name / Address
CCBCC/Pelican Bay Services Di
Attn: Accounts Payable
3299 Tamiami Trail E. Ste 700
Naples, FL 34112-5749
J & J Wholesale Nursery
183 Price Street
Naples, Florida 34113
Representative
Julio
Signature_____________________________________
Total
Subtotal
Sales Tax (0.0%)
Item DescriptionQuantity Unit Price Total
P 3G Carissa Carissa Emerald Blanket 3 Gallon444 6.75 2,997.00
$2,997.00
$2,997.00
$0.00
16.F.3.a
Packet Pg. 1279 Attachment: Cul-de-Sac Plants J&J Wholesale (2774 : Recommendation to authorize payment of an outstanding invoice)
16.F.3.b
Packet Pg. 1280 Attachment: Cul de Sac Plant Quote Bensen Nurseries (2774 : Recommendation to authorize payment of an outstanding invoice)
16.F.3.b
Packet Pg. 1281 Attachment: Cul de Sac Plant Quote Bensen Nurseries (2774 : Recommendation to authorize payment of an outstanding invoice)
16.F.3.c
Packet Pg. 1282 Attachment: Cul de Sac Plant Quote IC Brokers (2774 : Recommendation to authorize payment of an outstanding invoice)
16.F.3.c
Packet Pg. 1283 Attachment: Cul de Sac Plant Quote IC Brokers (2774 : Recommendation to authorize payment of an outstanding invoice)
16.F.3.d
Packet Pg. 1284 Attachment: Cul de Sac Plant Quotes Recap (2774 : Recommendation to authorize payment of an outstanding invoice)
16.F.3.e
Packet Pg. 1285 Attachment: IC Brokers Invoice 11840 (2774 : Recommendation to authorize payment of an outstanding invoice)