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Agenda 04/24/2018 Item #16F304/24/2018 EXECUTIVE SUMMARY Recommendation to authorize payment of invoices #2935273 and #2961165 to Trimark Strategic Equipment LLC totaling $223,960 for commercial kitchen equipment and installation services for the Florida Culinary Accelerator @ Immokalee. OBJECTIVE: That the Board authorizes payment for commercial kitchen equipment that has been procured, accepted and installed at the Florida Culinary Accelerator @ Immokalee. CONSIDERATIONS: On July 12, 2016, the Board approved Resolution 2016-160 authorizing the County Manager to apply for a USDA Rural Business Development Grant (RBDG) for up to $200,000 to equip the Florida Culinary Accelerator @ Immokalee and to execute related documents to effectuate receipt of the grant. After review of Collier County’s RBDG application, the USDA awarded $112,536 to equip the Florida Culinary Accelerator @ Immokalee, which included a requirement for a local funding match. On May 26, 2017, the Procurement Services Division released notices of invitation to Bid No 17-7167 to 887 vendors for ‘Florida Culinary Accelerator at Immokalee Kitchen Equipment Procurement.’ Thirty-Two (32) solicitation packages were downloaded, and one (1) bid was received on June 9, 2017, from Trimark Strategic Equipment LLC. Staff recommended and t he Board approved the award to Trimark Strategic Equipment LLC (the vendor) on June 27, 2017 (agenda item 16.F.3). The vendor submitted invoice #2935273 ($133,710) on August 25, 2017, and invoice #2961165 ($90,250) on October 10, 2017. The grant award expires on June 30, 2018, and requires documentation of payment before reimbursement is provided to the County. Failure to abide by the terms and conditions of the grant will likely result in forfeiture of federal funds. The Clerk’s Office identified concerns regarding this procurement and funding as a part of the EII audit most recently submitted to the Board. There continue to be irregularities associated with TriMark invoices submitted by staff and the county match that was provided by the EII DEO grant. The Clerk understands the timeline required for the County’s USDA grant, and is willing to pay the amount billed of $223,960 with indemnification by the Board that they are aware of the concerns and understand that irregularities noted in the audit have not been resolved. The Clerk is willing to pay based upon the total represented on invoice #2935273 ($133,710) and #2961165 ($90,250) from Trimark, having confirmed that the equipment was delivered and installed. FISCAL IMPACT: The equipment procurement and installation in the amount of $223,960 will be funded by $112,536 of USDA RBDG grant funds combined with $111,424 in matching funds provided by Economic Incubators Incorporated (EII). Sufficient budget has been provided in Economic Development grant and grant match funds (713)/(714). EII has deposited $111,424 in matching funds with the County. GROWTH MANAGEMENT IMPACT: This request is consistent with Objective 3 of the Economic Element of the Collier County Growth Management Plan, which states: “Collier County will support programs which are designed to promote and encourage the recruitment of new industry as well as the expansion and retention of existing industries in order to diversify the County’s economic base.” LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. The issue is a theoretical claw-back by DEO of a portion of the payment to Trimark based on the allegations that the Clerk has raised in his recent internal audit. With respect to Trimark, should such a cla w-back ever in 16.F.3 Packet Pg. 1126 04/24/2018 fact occur, the County is agreeable to repaying the State. Since this was a County purchase, at the end of the day, the County is responsible for the full payment for the equipment, irrespective of the grant money. With that noted, this item has been approved by the County Attorney for form and legality, and requires majority vote for approval. -JAK RECOMMENDATION: To authorize payment of invoices #2935273 and #2961165 to Trimark Strategic Equipment LLC totaling $223,960 for commercial kitchen equipment and installation services for the Florida Culinary Accelerator @ Immokalee. Prepared by: Jace Kentner, Director, Office of Business & Economic Development ATTACHMENT(S) 1. Inv 2935273 (PDF) 2. Inv 2961165 (PDF) 16.F.3 Packet Pg. 1127 04/24/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.F.3 Doc ID: 5420 Item Summary: Recommendation to authorize payment of invoices #2935273 and #2961165 to Trimark Strategic Equipment LLC totaling $223,960 for commercial kitchen equipment and installation services for the Florida Culinary Accelerator @ Immokalee. Meeting Date: 04/24/2018 Prepared by: Title: Manager - Technical Systems Operations – Administrative Services Department Name: Michael Cox 04/18/2018 8:21 PM Submitted by: Title: Director – Business and Economic Development Name: Jace Kentner 04/18/2018 8:21 PM Approved By: Review: Procurement Services Michael Cox Level 1 Purchasing Gatekeeper Skipped 04/18/2018 8:19 PM County Attorney's Office Michael Cox Level 2 Attorney Review Skipped 04/18/2018 8:19 PM Grants Michael Cox Level 2 Grants Review Skipped 04/18/2018 8:19 PM County Attorney's Office Michael Cox Level 3 County Attorney's Office Review Skipped 04/18/2018 8:19 PM Office of Management and Budget Michael Cox Level 3 OMB Gatekeeper Review Skipped 04/18/2018 8:19 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 04/18/2018 8:33 PM Board of County Commissioners MaryJo Brock Meeting Pending 04/24/2018 9:00 AM 16.F.3 Packet Pg. 1128 16.F.3.a Packet Pg. 1129 Attachment: Inv 2935273 (5420 : Payment of invoices to Trimark Strategic Equipment) 16.F.3.a Packet Pg. 1130 Attachment: Inv 2935273 (5420 : Payment of invoices to Trimark Strategic Equipment) 16.F.3.a Packet Pg. 1131 Attachment: Inv 2935273 (5420 : Payment of invoices to Trimark Strategic Equipment) 16.F.3.a Packet Pg. 1132 Attachment: Inv 2935273 (5420 : Payment of invoices to Trimark Strategic Equipment) 16.F.3.a Packet Pg. 1133 Attachment: Inv 2935273 (5420 : Payment of invoices to Trimark Strategic Equipment) 16.F.3.a Packet Pg. 1134 Attachment: Inv 2935273 (5420 : Payment of invoices to Trimark Strategic Equipment) 16.F.3.b Packet Pg. 1135 Attachment: Inv 2961165 (5420 : Payment of invoices to Trimark Strategic Equipment) 16.F.3.b Packet Pg. 1136 Attachment: Inv 2961165 (5420 : Payment of invoices to Trimark Strategic Equipment) 16.F.3.b Packet Pg. 1137 Attachment: Inv 2961165 (5420 : Payment of invoices to Trimark Strategic Equipment) 16.F.3.b Packet Pg. 1138 Attachment: Inv 2961165 (5420 : Payment of invoices to Trimark Strategic Equipment) 16.F.3.b Packet Pg. 1139 Attachment: Inv 2961165 (5420 : Payment of invoices to Trimark Strategic Equipment) 16.F.3.b Packet Pg. 1140 Attachment: Inv 2961165 (5420 : Payment of invoices to Trimark Strategic Equipment)