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Agenda 05/12/2009 Item #16A 3 Agenda Item No. 16A3 May 12, 2009 Page 1 01.4 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners rescind the award of Contract ITB# 08-5075, "Collection Agency Service for Collier County" to United Adjustment Corporation for failure to comply with bid requirements. OBJECTIVE: To rescind the award of contract for collection agency services to United Adjustment Corporation. CONSIDERATIONS: The Board of County Commissioners ("BCC") awarded Bid 08-5075 to United Adjustment Corporation on February 1 0, 2009, agenda item 16C1. Under the contract, the successful bidder is tasked with collecting payments on past due accunts for a variety of County services, including, but not limited to ambulance transports, code enforcement fines and water/sewer bills. As compensation for their services, the successful bidder retains a percentage of what they collect. United was selected as the apparent lowest, qualified and responsive bidder based on a tendered commission rate of 5%, a figure that was substantially below what the County has paid historically and what other competing bidders offered in this bidding process. Prior to award of the contract, staff contacted the apparent low bidder to verify their price and their intent to meet the terms and conditions of the contract and received verbal confirmation from the vendor. Subsequent to award of the contract, the Purchasing Department forwarded and received back a signed contract from United wherein the vendor failed to provide the fidelity bond in the amount set forth in the bid invitation. Upon questioning the vendor, they advised that they had decided not to provide the bond in the required amount despite taking no exception to the requirement in their bid offer and contrary to their verbal representations to staff prior to the award of the bid. Accordingly, staff is recommending that the previous award decision of the Board be rescinded. Staff intends to re-solicit the contract and bring a new award recommendation back to the Board. Also, staff is presently considering whether any additional actions should be taken against United Adjustment Corporation and will advise the Board of these actions as necessary. LEGAL CONSIDERATIONS: This item has been reviewed for legal sufficiency and there are no outstanding legal considerations. This item is not quasi-judicial and ex parte disclosure is not required, This item requires a simple majority vote, and is legally sufficient for BCC action. -JW FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. /1.,o8nda Item No. 16/'\3 ~ May 12, 2009 Page 2 of 4 GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners rescind the award of Bid 08-5075 to United Adjustment Corporation. PREPARED BY: Marlene Serrano,Operations Manager,Code Enforcement Department. Item Number: Item Summary: Meeting Date: Page I of2 Agenda Item No. 16A3 May 12. 2009 Page 3 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A3 Recommendation that the Board of County Commissioners rescind the award of Contract ITB# 08-5075, Collection Agency Service for Collier County to United Adjustment Corporation for failure to comply with bid requirements. 5/1212009 900:00 AM Prepared By Marlene Serrano CDES Investigative Supervisor Code Enforcement Date 4/29/20099:07:03 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 4/29/20099:23 AM Appro,,'ed By Diane B. Flagg Community Development & Environmental Services Code Enforcement Director Date Approved By Code Enforcement 4/29/20099:42 AM Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date Approved By 4129/200910:35 AM Joseph Bellone Public Utilities Operations Supervisor Public Utilities Operations Date 41291200911:40 AM Appro\'t'd By Steve Carnell Administrative Services Purchasing/General Svcs Director Purchasing Date 4129/20098:50 PM ApproH'd By Teresa Riesen Public Utilities Revenue Manager Date UBes 4/30120097:42 AM Approved By Jack p, Curran Administrative Services Purchasing Agent Purchasing Date 4130/20099:10 AM Appro\'ed By Pam Callis Public Utilities Revenue Supervisor Date UBes 4/30/20099:36 AM Approved By Jeff Wright County Attorney Assistant County Attorney County Attorney Office Date 4/30/200910:31 AM Apprm'ed B}' file://C:IAgendaTestIExportl 1 29-May%20 12,%2020091 16.%20CONSENT%20AGENDA 116... 5/6/2009 Page 2 of 2 Agenda l1em No. 16A3 r,1ay 12, 2009 Page 4 of 4 Jeff Klatzkow County Attorney Date County Attomey County Attorney Office 5/1120098:15 AM Approved By Mark Isackson Budget Analyst Office of Management & Budget Date County Manager's Office 5/1/20099:02 AM Apprond By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 5/1/20096:17 PM file://C:\AgendaTest\Export\ 129-May%20 12,%202009\ 16.%20CONSENT%20AGENDA\ 16... 5/6/2009