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Agenda 05/26/2020 Item #16F 3 (Lighting Equipment w/Thor Guard)05/26/2020 EXECUTIVE SUMMARY Recommendation to authorize expenditures for the sole source purchase of lightning prediction and warning systems and equipment by Collier County from Thor Guard, Inc., in an amount not to exceed $100,000, for a period of five years. OBJECTIVE: To purchase lightning prediction equipment for the newly constructed Paradise Coast Sports Complex and Parks facilities for the safety of visitors and staff. CONSIDERATIONS: Thor Guard, Inc. (“Thor Guard”) is the sole manufacturer and authori zed marketer of Thor Guard Lightning Prediction and Warning Systems. The Thor Guard Lightning warning system is a “prediction based” system as opposed to a lightning "detection” system. This system gives visitors and staff time to seek shelter before the first ground-to-cloud or cloud-to-ground lightning strike occurs within a 2-mile radius. All other competitor systems can only detect lightning after it has occurred. The Paradise Coast Sports Complex will employ the first Thor Guard 360 Base system in co ncurrence with the opening of Phase I-A to cover that portion of the facility. As the full 180-acre complex comes online in 2021, it will be necessary to install a second Thor Guard system to cover the entirety of the sports complex. Collier County Parks & Recreation Division currently deploys the Thor Guard system at County parks and aquatic centers through an existing sole source waiver. During the issuance of the waiver in 2019, the Parks and Recreation Division did an online search for competitive vendors and found that the Thor Guard system was the only one capable of providing the prediction-based service and best met the needs of the County and community. Collier County Public Schools, the City of Marco Island, and the City of Naples all employ the Thor Guard system for lightning protection at various assets. Pursuant to Section Eleven, sub-paragraph 10 of Collier County Procurement Ordinance 2017-08, as amended, it is in the best interest of the County to waive formal competition and exclusively pur chase lightning detection system, warranty repair, installation, parts, service and related materials from Thor Guard as a sole source vendor. FISCAL IMPACT: The cost to purchase, install, and maintain the equipment for the new Paradise Coast Sports Complex is $27,650, which includes an annual web licensing and software fee of $1,500. If a second system is purchased, it will bring the total cost of acquisition, operation and maintenance of the system to $62,800. Parks facilities currently has purchase orders outstanding for $37,475 to install Thor Guard at two additional locations. Funding is provided in the Sports & Special Events Complex Budget (Fund 759) and Parks and Recreation Division operating and capital budgets. 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 RECOMMENDATION: To authorize expenditures for the sole source purchase of lightning prediction and warning systems and equipment from Thor Guard, Inc., in an amount not to exceed $100,000, for a period of five years, for Collier County. Prepared By: Jennifer Reynolds, Manager - Financial and Support Operations, Corporate Business Operations. 16.F.3 Packet Pg. 1244 05/26/2020 ATTACHMENT(S) 1. Thor Guard waiver sc (PDF) 2. Thor guard Sole Source Letter (PDF) 16.F.3 Packet Pg. 1245 05/26/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.F.3 Doc ID: 12409 Item Summary: Recommendation to authorize expenditures for the sole source purchase of lightning prediction and warning systems and equipment by Collier County from Thor Guard, Inc., in an amount not to exceed $100,000, for a period of five years. Meeting Date: 05/26/2020 Prepared by: Title: Tourist Development Tax Coordinator – Tourism Name: Kelly Green 05/18/2020 12:39 PM Submitted by: Title: – Corporate Business Operations Name: Sean Callahan 05/18/2020 12:39 PM Approved By: Review: Public Services Department Jennifer Reynolds Additional Reviewer Completed 05/18/2020 12:43 PM Corporate Business Operations Sean Callahan Additional Reviewer Completed 05/18/2020 1:04 PM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 05/18/2020 3:50 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 05/18/2020 4:05 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/19/2020 8:52 AM Budget and Management Office Ed Finn Additional Reviewer Completed 05/19/2020 9:31 AM Office of Management and Budget Susan Usher Additional Reviewer Completed 05/19/2020 12:29 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 05/19/2020 12:49 PM Board of County Commissioners MaryJo Brock Meeting Pending 05/26/2020 9:00 AM 16.F.3 Packet Pg. 1246 Collier County Instructions Waiver Request Form Completed waiver requests accompanied by any associated backup documentation (sole source letter, business case, etc.) must be submitted to the division’s Procurement Strategist for any procurement, without competition, in excess of $3,000. Waiver requests greater than $50,000 will require approval by the Board of County Commissioners. Sole source refers to a procurement where the selection of one particular supplier to the exclusion of all others may be based on having only one supplier in the market place, proprietary technology, copyright, patent, or a supplier’s unique capability. Single source refers to a procurement directed to one source because of standardization, warranty, geographic territory, or other factors, even though other competitive sources may be available. Requester Name: Division: Item/Service: Vendor Name: Historical Countywide Spend: ______________________ Requested date range: _____________ Not to Exceed per Fiscal Year: _______________ Is there an agreement associated with this waiver to be reviewed by Contracts? † Yes † No †Sole Source †Single Source †One Time Purchase †Multiple Purchases Description of Purchase: Enter a description of the item(s) that will be purchased under this waiver. Purpose: Describe in detail, the public purpose of the requested item(s) and why it is essential to County operations. Information Technology: Select Yes if the products/services are related to Information Technology. If yes, please provide the Purchasing Compliance Code (PCC) number or email approval documentation. †Yes †No If yes, provide the PCC number:__________________________________________________ Marissa Fahey Amateur Sports Complex Lightning Prediction Parts & Equipment Thor Guard $54,000 05/04/20-09/30/2025 $100,000 ThorGuard Lightning Prediction Parts and Equipment to be installed at the Paradise Coast Sports Complex and additional County Parks facilities. Employee and Customer safety - this system gives the customer and staff time to seek shelter before the first ground-to-cloud or cloud-to-ground lightning strike occurs within a 2-mile radius. All other competitor systems can only detect lightning after it has occurred. SFTW03✔ ✔ ✔✔ 16.F.3.a Packet Pg. 1247 Attachment: Thor Guard waiver sc (12409 : Thor Guard Exemption Request) Justification: Identify the criteria that qualifies this purchase as a sole or single source. Select from the list below. Check all that apply (if box is checked, please make sure to provide an explanation below): †Sole Source †Only Authorized Vendor or 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. †No Comparable Product or Service: Is there another vendor who can provide a similar product/service, regardless of cost, convenience, timeliness, etc.? †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. †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 †Standardization: Is this product/service part of a purchase that the County has already standardized on? If yes, please provide the detailed information below. Date of BCC Standardization: ___________________ BCC Agenda Item number: __________________ †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. †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. †Other Factors: Any other reason not listed above, explain below. Explain: How does this purchase meet the identified sole or single source criteria listed above? Thor Guard, Inc. is the sole manufacturer and sole, authorized marketer of Thor Guard Lightning Prediction and Warning Systems. This system predicts when lightning will occur as opposed to alerting after lightning has already occurred. ✔ ✔ ✔ ✔ 16.F.3.a Packet Pg. 1248 Attachment: Thor Guard waiver sc (12409 : Thor Guard Exemption Request) 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. Explain why it is in the County’s best interest to use this product/service rather than issuing a competitive solicitation: What are the benefits from the continued use? Are there costs that would be incurred if a different vendor/product was used? What would occur if another brand/vendor was used? Explain how this pricing compares to other vendors/products and is it considered to be fair and reasonable: Provide information on 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: Collier County Parks has a Thor Guard system at every Community Park and some Regional tournament facilities. The decision to utilize the Thor Guard product was decided as all Collier County Public Schools are using the same products and services. The Amateur Sports Complex is not adjacent to any of the County Parks so it is good practice to use the same safety service and warning systems so as not to have discrepancies. The County Park system already has these units located at all Community Parks, Aquatics facilities, Little League complexes, and Sugden and North Collier Regional Parks. It makes financial and practical sense to purchase the same system for the Amateur Sports Complex so all systems are the same. There are only a few companies that offer a similar service. It is practical to utilize the same equipment throughout the County for standardization purposes. The Thor Guard system has proved effective in the County Parks where it has been installed and utilized. Parts and service ✔ 16.F.3.a Packet Pg. 1249 Attachment: Thor Guard waiver sc (12409 : Thor Guard Exemption Request) Market research and market alternatives: When was the last time a market evaluation was performed to determine if either the technology or vendor offerings have changed? Based on the life expectancy of the product, when do you anticipate evaluating the market again? Please attach a detailed market evaluation report should the complexity, duration, and dollar amount of the purchase be a high risk to the County. It is a felony to knowingly and intentionally circumvent a competitive process for commodities or services by fraudulently specifying sole source to obtain a benefit for any person or to cause unlawful harm to another. Florida Statute 838.22(2). Requested by: Signature: Date: Division Director: Signature: Date: Department Head: Required if over $50,000 Signature: Date: Procurement Strategist: Signature: Date: Procurement Director: Or designee Signature: Date: For Procurement Use Only:  †Approved †Requesting Additional Information †Requires RFI/Intent to Sole Source †Rejected Procurement Comments: †Current FY Approval †Multi-Year Approval Start Date: ______________ End Date: __________ An online search was performed in September 2019 and May 2020 to search for compatible systems. There are no other systems that offer the ability to predict lightning before it strikes within a 2-mile radius. Other systems only provide warning after lightning has already occurred. A market evaluation will be performed at the conclusion of the exemption. Marissa Fahey Sean Callahan Sara Schneeberger Catherine Bigelow This waiver will replace the FY20 waiver #22 which was valid until 9/30/22 05/15/2020 09/30/2025 FaheyMarissa Digitally signed by FaheyMarissa Date: 2020.05.14 16:45:58 -04'00' CallahanSean Digitally signed by CallahanSean Date: 2020.05.15 09:10:28 -04'00' SchneebergerS ara Digitally signed by SchneebergerSara Date: 2020.05.15 09:23:37 -04'00' Cat Bigelow Digitally signed by Cat Bigelow DN: cn=Cat Bigelow, o=Collier County Government, ou=Procurement Services, email=catherinebigelow@colliergov.net, c=US Date: 2020.05.15 14:47:23 -04'00' ✔ ✔ 16.F.3.a Packet Pg. 1250 Attachment: Thor Guard waiver sc (12409 : Thor Guard Exemption Request) 16.F.3.b Packet Pg. 1251 Attachment: Thor guard Sole Source Letter (12409 : Thor Guard Exemption Request)