Broward County Commission Regular Meeting
Director's Name: George Tablack
Department: Finance and Administrative Services Division: Purchasing
Information
Requested Action
title
A. MOTION TO WAIVE County Business Enterprise goal requirement per Section 1-81.3(c), Waiver of CBE Goal, of the Broward County Business Opportunity Act for the non-CBE firm recommended for award in Motion B.
ACTION: (T-10:35 AM) Approved.
VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present.
B. MOTION TO AWARD open-end contract to low responsive, responsible bidder, Tower Pest Control, Inc., for BCT Pest Control Services for Buses and Non-Revenue Vehicles, Bid No. TRN2126846B1, for the Transportation Department, in the initial one-year estimated amount of $193,508, and authorize the Director of Purchasing to renew the contract for two one-year periods, for a three-year potential estimated amount of $580,524.
ACTION: (T-10:35 AM) Approved.
VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present.
body
Why Action is Necessary
MOTION A: In accordance with Broward County Administrative Ordinance (County Business Opportunity Act) Section 1-81.3(c), Waiver of County Business Enterprise Goal, Board approval is required to waive County Business Enterprise goal requirements.
MOTION B: In accordance with Broward County Procurement Code Section 21.47(a), Award and Execution Authority, the Board shall make all awards, and authorize the execution of the associated contracts, with a value of more than $500,000, inclusive of the value of any renewals or extensions provided for in the contract.
What Action Accomplishes
Motion A: Waives the County Business Enterprise goal for the contract award in Motion B.
Motion B: Provides for an open-end contract for comprehensive pest control services to adequately suppress and/or eliminate populations of targeted pests/insects/rodents onboard transit buses and non-revenue vehicles for the Transportation Department.
Goal Related Icon(s)
☒County Commission
☐Go Green
☐MAP Broward
Previous Action Taken
None.
Summary Explanation/Background
THE PURCHASING DIVISION AND THE TRANSPORTATION DEPARTMENT RECOMMEND APPROVAL OF THE ABOVE MOTIONS
This item supports the Board’s Accountable Government Goal, “Consistently delivering responsive, efficient, inclusive, and equitable quality services to the public and internal customers while providing a safe community to live, work and visit.”
The Office of Economic and Small Business Development (OESBD) designated this solicitation reserved for certified County Business Enterprise (CBE) firms. Pursuant to Section 1-81.3(f) of the Broward County Business Opportunity Act (the Act), when a CBE reserve is established in connection with a County solicitation, CBEs and non-CBEs may respond to the solicitation. A non-CBE with the lowest responsive responsible bid may be awarded the contract with at least a 25% CBE goal unless the CBE goal is waived or otherwise modified by Board action.
Of the ten bidders that submitted a response, only two firms are certified CBEs, and the remaining eight firms are non-CBEs (Exhibit 2). Florida Statute (FS) 482 prohibits subcontracting/independent contracting for pest control services as defined in Section 482.02 (22). Due to this requirement, the successful vendor must provide 100% of the services with its own force; therefore, the 25% CBE goal cannot be applied by the recommended vendor. Pursuant to Section 1-81.3(c) of the Act, the Board may waive the application of, or modify, any CBE goal at any time.
The purpose of this contract is to provide comprehensive pest control services including, but not limited to, eradicating, controlling, monitoring, and preventing the recurrence of infestation to adequately suppress or eliminate populations of targeted pests, such as insects and other rodents, pigeons, ants, cockroaches, bed bugs, flies, mosquitoes, silverfish, spiders, and all other common insect infestation known onboard transit buses and non-revenue vehicles at Broward County Transportation (BCT) regional locations.
In accordance with the Broward County Living Wage Ordinance, Broward County Administrative Ordinance Section 26-101(i), these services are covered services. The lowest responsive, responsible bidder, Tower Pest Control, Inc., has agreed to be bound to the contractual obligations of the Living Wage Ordinance, which includes the minimum wage hourly rate and employee benefits of health care and paid time off.
The apparent low bidder, On Brand Pest Management, LLC (OBPM), did not demonstrate that it had the capacity and experience to perform the requirements of the bid specifications. Accordingly, the Director of Purchasing determined OBPM to be non-responsible to the bid requirements.
The apparent second low bidder, Stark Exterminators, failed to provide evidence supporting experience with large institutional customers of the approximate size and/or services of a similar type of BCT, as required in the bid. Accordingly, the Director of Purchasing determined Stark Exterminators to be non-responsible to the bid requirements.
The Transportation Department has reviewed the bid submitted by Tower Pest Control, Inc. (TPC) and concurs with the recommendations for award (Exhibit 3). No County vendor performance evaluations have been completed for TPC.
The Purchasing Division reviewed the prices submitted by the apparent low responsive, responsible bidder, TPC, and has determined that the prices offered are fair and reasonable in comparison to the other bidders and a previous Broward County contract for these same services (Exhibit 4).
Incumbent: X Terminator, Inc.; Contract Number and Title: TRN2124364B1, Pest Control - BCT. Contract Term: August 5, 2022 through September 1, 2023. Expenditures to date: $269,441.
The Recommendation for Award was posted on the Purchasing Division website from November 9 - 17, 2023. There was no protest or appeal filed against this procurement.
The bid was advertised on July 19, 2023, and opened on August 4, 2023; ten bids were received with two declinations (Exhibit 1).
The contract consists of the County’s solicitation and the vendor’s response.
The initial contract period begins on the date of award and terminates two years from that date.
Source of Additional Information
Robert E. Gleason, Director, Purchasing Division, 954-357-6070
Fiscal Impact
Fiscal Impact/Cost Summary
Each requirement processed against this contract, in the initial term period estimated amount of $193,508 and the total three-year potential estimated amount of $580,524, will be funded by the appropriate source at the time of release.