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Agenda 07/11/2017 Item #16D 707/11/2017 EXECUTIVE SUMMARY Recommendation to authorize payment of outstanding invoice # 40856 to EarthBalance for nuisance and exotic plant species maintenance events at the Pepper Ranch Preserve Phase II in the total amount of $80,982 under the equitable principle of quantum meruit. OBJECTIVE: To pay EarthBalance for an outstanding invoice for nuisance and exotic plant species maintenance events at the Pepper Ranch Preserve in the total amount of $80,982. CONSIDERATIONS: The Board-approved Agreement # 14-6332 with EarthBalance, along with five other exotic vegetation removal contractors, on October 28, 2014 (BCC Agenda Item 16.D.9). That contract pre-qualifies vegetation removal contractors to provide quotes for County work. In February 2017, staff requested quotes from three of the six contracted venders for Phase II Maintenance work at Pepper Ranch Preserve. Staff received two quotes and one no-quote (see copies attached), and the results confirmed EarthBalance as providing the lowest quote. Staff was subsequently instructed that they should have requested quotes from all six awarded vendors on contract because the Agreement states: “For work greater than $50,000 and less than $200,000: the department may quote out work among all the Contractor(s) on contract, or may conduct a separate new solicitation.” (Agreement # 14-6332, Section 2, Statement of Work). Staff’s omission to obtain quotes from all six vendors was an error, which now requires Board approval to allow for payment for the completed work. Staff is requesting that the Board authorize payment for the outstanding invoices under the equitable principle of quantum meruit because the County has benefited from the work performed by the vendor and the costs charged are reasonable for the services provided. Therefore, staff requests that payment in the amount of $80,982 be authorized for EarthBalance’s outstanding invoice # 40856. 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 when no contract exists or when there is doubt as to the amount due for the work performed if done under circumstances when payment could be expected. Although here there is a contract in place, payment is being withheld because staff neglected to obtain quotes from all six county vendors as required by the contract. Staff reviewed the outstanding invoice, confirmed the work was successfully performed and concluded that the payment requested by the vendor is reasonable for the work performed. Accordingly, this item is approved as to form and legality, and may be approved by a majority vote. -SRT GROWTH MANAGEMENT IMPACT: There is no growth management impact. FISCAL IMPACT: The amount outstanding relative to the subject invoice is $80,982. Sufficient funds are provided and a purchase order is issued for the work in Conservation Collier Fund (174). RECOMMENDATION: To authorize payment for outstanding invoice # 40856 in the amount of $80,982 for work performed by EarthBalance under the equitable theory of quantum meruit, so that the Clerk’s Office may process the invoice and remit payment. Prepared by: Matt Catoe, Operations Analyst, Parks and Recreation Division ATTACHMENT(S) 1. EarthBalance Invoice 40856 (PDF) 07/11/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.7 Doc ID: 3393 Item Summary: Recommendation to authorize payment of outstanding invoice # 40856 to EarthBalance for nuisance and exotic plant species maintenance events at the Pepper Ranch Preserve Phase II in the total amount of $80,982 under the equitable principle of quantum meruit. Meeting Date: 07/11/2017 Prepared by: Title: Operatins Analyst – Parks & Recreation Name: Matthew Catoe 06/19/2017 10:57 AM Submitted by: Title: Division Director - Parks & Recreation – Parks & Recreation Name: Barry Williams 06/19/2017 10:57 AM Approved By: Review: Parks & Recreation Ilonka Washburn Additional Reviewer Completed 06/19/2017 1:26 PM Public Services Department Joshua Hammond Additional Reviewer Completed 06/20/2017 7:09 AM Public Services Department Sean Callahan Additional Reviewer Completed 06/20/2017 8:04 AM Parks & Recreation Barry Williams Additional Reviewer Completed 06/27/2017 8:51 AM Public Services Department Steve Carnell Level 1 Division Reviewer Skipped 06/27/2017 5:04 PM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 06/27/2017 5:16 PM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 06/28/2017 9:25 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/28/2017 9:37 AM Budget and Management Office Ed Finn Additional Reviewer Completed 06/29/2017 10:32 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/30/2017 11:47 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 07/03/2017 12:58 PM Board of County Commissioners MaryJo Brock Meeting Pending 07/11/2017 9:00 AM Pepper Ranch Preserve Phase II Maintenance 1 of 1 pages Initials ____ Date ____ 10720.10 2579 N. Toledo Blade Blvd., North Port, FL 34289 941.426.7878(p) 941.426.8778 (f) earthbalance.com April 30, 2017 Collier County Board of County Commissioners Attn: Finance Department P.O. Box 413016 Naples, Florida 34101-3016 Re: Invoice # 40856Dated April 30, 2017 – Pepper Ranch Preserve Phase II Maintenance Per your request, please see the table below in reference to the project and invoice stated above. Should you have any questions or comments, feel free to contact us at anytime. Position/Equipment Hourly Rate Total Hours Total Fee Amount Project Manager $105 40 $4,200 Crew Leader $62 360 $22,320 Herbicide Applicator $28 1800 $50,400 Chemical NA NA $4,062 Total $80,982 Thank you, Erik Sandsmark Project Manager EarthBalance® 2579 North Toledo Blade Blvd. North Port, FL 34289 Office: 941-426-7878 Fax: 941-426-8778 esandsmark@earthbalance.com Project Manager Erik Sandsmark Collier County Board of County Commissioners Attn: Finance Department 3299 Tamiami Trail 700 Naples, FL 34112-5749 April 30, 2017 Invoice No:40856 EarthBalance 2570 Commerce Parkway North Port, FL 34289 Phone: (941) 426-7878 Fax: (941) 426-8778 Project 10720.10 Pepper Ranch Preserve Phase 2 Professional Services for the Period:April 1, 2017 to April 30, 2017 Billing Group 001 Ongoing Maintenance PO: 4500176173 Dated: 2.23.17 The Ongoing Maintenance fot the Prpper Ranch Preserve Pahse II project located in Collier County, FL was completed in April 2017. Billing Task Task Fee Percent Complete Fee Earned Prior Billing Current Fee Ongoing Maintenance 80,982.00 100.00 80,982.00 0.00 80,982.00 Total Fee 80,982.00 80,982.00 0.00 80,982.00 Total Fee 80,982.00 $80,982.00Task Total $80,982.00Billing Group Total $80,982.00TOTAL AMOUNT DUE