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Agenda 01/16/2014 SPELICAN BAY SERVICES DIVISION MUNICIPAL SERVICE TAXING & BENEFIT NOTICE OF PUBLIC MEETING JURY 16, 2014 THE PELICAN BAY SERVICES DIVISION BOARD WILL MEET IN SPECIAL SESSION ON THURSDAY, JANUARY 16 AT 1:00 PM AT THE COMMUNITY CENTER AT PELICAN BAY, 8960 HAMMOCK OAK DRIVE, NAPLES, FLORIDA, 34108. AGENDA 1. Roll call 2. Agenda approval 3. Audience Comments 4. Discussion of RFP for administrator services 5. Adjourn ANY PERSON WISHING TO SPEAK ON AN AGENDA ITEM WILL RECEIVE UP TO ONE (1) MINUTE PER ITEM TO ADDRESS THE BOARD. THE BOARD WILL SOLICIT PUBLIC COMMENTS ON SUBJECTS NOT ON THIS AGENDA AND ANY PERSON WISHING TO SPEAK WILL RECEIVE UP TO THREE (3) MINUTES. THE BOARD ENCOURAGES YOU TO SUBMIT YOUR COMMENTS IN WRITING IN ADVANCE OF THE MEETING. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS AN ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING YOU ARE ENTITLED TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE PELICAN BAY SERVICES DIVISION AT (239) 597 -1749 OR VISIT PELICAN BAYSERVICESDIVISI ON. NET. 1/14/2014 8:23:36 AM January 16, 2014 Pelican Bay Services Division Special Session (comments submitted by Mike Levy) From: McCauahtrvMary To: Dave Trecker (ditrecker(a yahoo.com); Frank C. Dickson. II: Hansen, Hunter H. ( Hunter. Hansen(slwaldorfastoria.com); Joe Chicurel (ichicureKalomail.com); Johan (John) Domenie (hobodorv(&comcast.net); John Iaizzo (iaizzoRcomcast.net): Mike Levy (mike1evv435(@amai1.com): Scott William Streckenbein Susan O'Brien (naolessusan(d)comcast.net): Tom Cravens Wn16799(conaoles.netl Cc: LukaszKvle; ResnickLisa Subject: FW: RFP for PBSD Administrator Services Date: Friday, January 10, 2014 4:25:21 PM Attachments: Scan0065.r)df Dear Pelican Bay Services Division Board, On behalf of Mr. Levy, this is a one -way communication. To avoid Sunshine issues, please do not reply /comment. This is in regards to the Jan. 16th special meeting and Joanne Markiewicz from Purchasing will be there to guide the process. Mary From: Mike Levy fmailto :mikelevy435(abgmail.com] Sent: Friday, January 10, 2014 4:10 PM To: McCaughtryMary Subject: RFP for PBSD Administrator Services Hi Mary- It may be of interest for current PBSD Board members to know that the previous County RFP for the position of PBSD Administrator contained a statement of work without specifying any hours. The RFP requires the responder to propose the number of hours and cost to fulfill those requirements. Attached are these pages from our previous RFP. Please pass this on to our board members for their information. Thanks, Mike Levy mikelevy435 @gmail.com January 16, 2014 Pelican Bay Services Division Special Session (comments submitted by Mike Levy) 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Pelican Bay Services Division "Management Services for Pelican Bay Services Division" Jack Curran Purchasing Agent This proposal solicitation document is prepared In a Microsoft Word 2003 format. Any alterations to this document made by the proposer may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier Countv Gouprnmi-nt .7 s R r� January 16, 2014 Pelican Bay Services Division Special Session (comments submitted by Mike Levy) Projected Timetable The following projected timetable should be used as a working guide for planning purposes only. The County reserves the right to adjust this timetable as required during the course of the RFP process. Event Date ya Q <. v..!' �.;,i;,.. , .2. .:i[4•.` 4" #.. `r(.:. :its. -:�r ,.. y wt :ti ti�`��: :�{(`:� " =t.•. ':"4n �. yF: '_ - •- 1]'.�` -may: ..'y� A:;�-: `:.�ir: it K'�.:v.��.�..1 _ - -.na w,�.. .,t :'arm`: :ME,.',.%L'y=f. ,,y �. 1.,, Issue RFP Notice February 24, 2009 Pre-Proposal Conference March 11, 2009 Last Date for Receipt of Written Questions March 13, 2009 Addendum Issued Resulting from the Pre- Proposal Conference If Applicable) To Be Determined Proposal Close Date March19, 2009 Evaluation of Proposals To Be Determined Complete Contract Negotiations and Execute Contract To Be Determined Board of County Commissioner's Contract Approval Date To Be Determined General Description of Specifications or Scope of Work The Contractor, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated herein. Additionally, Proposers may also propose alternate solutions to achieve the requirements of the Scope of Work The Administrator's duties and responsibilities include the following: It will be the Administrator's main PBSD, as directhe Pelican` 1 to implement the policies of the The Manager shall prepare the necessary organizational structure and interview and reco end personnel to be hired and employed by the County for the PBSD. The Manager shall supervise the personnel employed by the PBSD in accordance with all Federal, State and County laws, rules and regulations where applicable. The - na er shall request approval of the PBSD Board for any significant changes in size or makeup of the organization_ Currently, the Manager has the following people reporting to him - one (1) Superintendent; one (1) Operations Analyst, one (1) Administrative Assistant and sixteen (16) field employees. It will be the Ackninistratoe .p job to coordinate activities of the PBSD as assigned in an effective, efficient and professional manner. The job requires an individual who has an ability to conceive, obtain approval for and implement programs desired by the Pelican Bay Community as identified by the PBSD Board. _ NON -CCNA (Revision 7E2DOS) January 16, 2014 Pelican Bay Services Division Special. Session (comments submitted by Mike Levy) The Administrator shall he expected and prepared to make recommendations, on a regular basis, for programs to improve the Pelican. Bay community. The Administrator may be asked by the PBSD Board to participate in certain meetings, discussions, project site visits, workshops and hearings, which pertain to the administration of the services being provided and report results to the Board. The Administrator shall work with the Chairperson of the PBSD Board in the preparation of the Board's Agenda for the monthly Board Meeting and will participate in this monthly meeting. The Administrator will also work with Committee Chairs in the preparation of agendas and participate in the Committee Meetings of the Budget Committee and all Committee's established by the PBSD Board. The Administrator may be called on to provide assistance to any or all other Committee's that are currently and may be created by PBSD Board. The Administrator shall assist and cooperate with the Budget Committee in the )reparation of the PBSD's Annual Budget in accordance with County rules and egulations where applicable. The Administrator will have an understanding of Florida County Government Operations, good management principles and skills, as well as some knowledge in personnel relations, public relations, accounting and computer software operations. The Administrator's performance may be critiqued by any Board Member at a regular monthly Board Meeting in regards to performance, and responsibilities. The Administrator will respond to any requests for information or data from the County Manager's Office. The Administrator shall devote such time as necessary to complete the duties wand, responsab iities..assigned according to Fie s eci ca of s�of f its i F': Tile Administrator shalt re ort in detail "`tsrt a ririoiitht r basis--ft e fime`speni during that �.. . pen rn the'p0lian _ current) y provides an office and staff for the Administrator in Pelican Bay, but is not contractually required to do so. 0 January 16, 2014 Pelican Bay Services Division Special Session (connnents submitted by Mike Levy) RE,'�I1MsE J;'191J tj #9T 2) Tab It, Business Plan • Description of the proposed contract team and the role to be played by each member of the proposed team. • Detailed plan of approach (including major tasks and sub - tasks). • Detailed time line for completion of the project. • Include with the Business Plan or as an attachment, a copy of a report as an example of work product. This should be for one of the projects listed as a reference. 3) Tab Ill, Cost of Services 4) Tab IV, Corporate Experience and Capacity Provide information that documents your firm and subcontractors' qualifications to produce the required outcomes, including its ability, capacity, skill, and financial strength, and number of years of experience in providing the required services. Also describe the various team members' successful experience in working with one another on previous projects. 5) Tab V, Specialized Expertise of Team Members Attach resumes of all managers, supervisors, and other contract team members who will be involved in the management of the total package of services, as well as the delivery of specific services. The same should be done for any sub - consultants. if sub - consultants are being utilized, letters of intent from stated sub - consultants must be included with proposal submission. 6) Tab VI, Customer Listing (References) Provide a listing of all previous customers during the past three years for all work of similar size and scope. The services provided to these clients should have characteristics as similar as possible to those requested in this RFP. Information provided for each client shall include the following: • Client name, address and current telephone number. • Description of services provided. • Time period of the project or contract. • Client's contact reference name, email and current telephone number. Failure to provide complete and accurate client information, as specified here, may result in the disqualification of your proposal. NON -CCNA (Revision 712008) 20 January 16, 2014 Pelican Bay Services Division Special Session (comments submitted by Susan O'Brien 118/14) December 4, 2013 Pelican Bay Services Division Board Regular Session 10b. Administrator's contract and RFP from February 2009 (Susan O'Brien) Page 8 of 15 Exhi.>'it A Scope of Services This Scope of Services addresses the duties and responsibilities of the newly titled Administrator of the Pelican Bay Services Division, hereinafter called the "Administrator ", formerly titled "Manager', effective R3 a -- DUTIES OF THE ADMINISTRATOR The Administrator's duties and responsibilities include the following: 1) It will be the Administrator's main res- .)onsibility to implement the policies of the PBSD, as directed by the Pelican Bay Sery .ces Division Board. 2) The Administrator shall prepare the necessary organizational structure and interview and recommend personnel to be hued and employed by the County for the PBSD. The Administrator shall supervise the personel employed by the PBSD in accordance with all Federal, State and County laws, rules and regulations where applicable. The Administrator shall request approval of tie PBSD Board for any significant changes in size or makeup of the organization Currently, the Administrator has the following people reporting to him - one (1) Superintendent, one (1) Operations Analyst, one (1) Administrative Assistant and sixteen (16) Field employees. 3) The Administrator shall implement a'1 policies established by the County in connection with the operation of the PBSI 1. 4) The Administrator shall be expected to make recommendations on a regular basis for programs to improve the Pelican Bay Con-tmunity 5) The Administrator shall participate in meetings, discussions, project site visits, workshops and hearings as may pertain to the administration of the services being provided and report results to the PBSD E-oard. 6) The Administrator shall attend regular atzd special meetings of the Board of County Commissioners when issues arise regarding PBSD activities and report results to the PBSD Board. The Administrator will s1:.ggest that a PBSD Board member join the Administrator at the meeting if the Admii iistrator deems that such joint representation would be desirable. 7) The Administrator shall review outside :-ontractOT bids and make recommendations for approval or disapproval to the PBSD 1_•oard. 8) The Administrator shall work with thy: Chairperson of the PBSD Board in the preparation of the Board's agenda and c- )llaborate with the Chair in selecting items and ti J I peon es, �j Page 8 of 9 (3,Ij January 16, 2014 Pelican Bay Services Division Special Session (comments subni tted -by- usan O'Brien 118114) December 4, 2013 Pelican Bay Services Division Board Regular Session 10b. Administrator's contract and RFP from February 2009 (Susan O'Brien) 9) The Administrator shall prepare eandl administer the PBSD's Annual Budgets) in accordance with all Federal, State and County laws, rules and regulations where applicable. 10)The Administrator will have an und(:rstanding of Florida County government operations, good management principals and skills, as well as knowledge and skills in personnel relations, public relations, and accounting and computer software operations. 11) The Administrator's performance may be critiqued by any Board member at a regular monthly Board meeting. Any Board member may meet privately with the Administrator to discuss Administrators i)erformance. 12)The Administrator shall devote such tin-.e as necessary to complete the duties and responsibilities assigned according to the ;specifications of this RFP. The Administrator shall spend a minimum of three hundred twelve (312) hours a year on the duties specified. Hours spent over the minimvin are not entitled to extra compensation unless approved in written by the PBSD Foard. The Administrator should detail on a monthly basis the time spent in the perfc .mance of these duties. The PBSD currently provides an office and staff for the .-administrator in Pelican Bay, but is not contractually required to do so. 13) The Administrator shall respond to any request for information or data from the County Managers office. 14) The Administrator may be called on i o provide assistance to any or all other committees that are currently and may be :-reated by PBSD Board. 2 e �� . cam. r'( ,F,- .p- ,•- �-P/� t.> -i�. 1.,�, / �- '�'''t'-G^'... LY, . Lor- P10 Pale 9 of 9 January 8, 2014 Pelican Bay Services Division Board Regular Session Pape 1 of 15 December 4, 2013 Pelican Bay Services Division Board Regular Session 10b. Administrator's contract and RFP from February 2009 (Susan O'Brien) Page 1 of 15 AGREEMENT09 -5174 for Management Services for Pelican Bay Services THIS AGREEMENT, made and entered into on this 23rd day of June, 2009, by and between Dorrill Management, authorized to do busine -,a in the State of Florida, whose business address is 5672 Strand Ct. Suite 1, Naples Florida 34110, hereinafter called the "Consultant" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County ": WITNES >ETH: 1. COMMENCEMENT. The Consultant shall commence the work upon execution of this agreement. The contract shall be for a periixl of (12) months. Additionally, by mutual agreement and funding availability, the contract may be renewed for three (3) terms of twelve (12) months each. In no event, including renewal options, shall the contract exceed four (4) years. The County shall give the Consultant written notice of the County's intention to extend the Agreemen. term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Consult;:.nt shall provide Management Services in accordance with the terms and conditions of RFF #09 -5174 and the Consultant's proposal referred to herein and made nn integral part of this agreement. This Agreement contains the entire unders °anding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Consultant and the County Contract Manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. THE CONTRACT SUM. The County shall pay the Consultant for the performance of the Agreement the sum of ($42,300.00) (for!y two thousand three hundred dollars) for the period of time commencing on July 1, 2009 and ending on June 30, 2010, payable at the rate of (three thousand five hundred thirty three dollars) ($3,533) per month, subject to Change orders as approved in advance I y the County. This price shall be fixed and firm for the first year duration but will incr,:!ase to ($56, 400.00) (fifty six thousand four hundred dollars) for subsequent years of the contract and any approved travel expenses shall be paid at actual costs with no markup for any travel outside of Lee and Collier County. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla. Stats., otherwise known ,as the "Local Government Prompt Payment Act" Page I of 9 January 8, 2014 Pelican Bay Services Division Board Regular Session Page 2 of 15 December 4, 2013 Pelican Bay Services Division Board Regular Session 10b. Administrator's contract and RFP from February 2009 (Susan O'Brien) Page 2 of 15 TRAVEL AND REIMBURSABLE EXPENSE 3 Travel expenses shall be reimbursed as per Section 112.061 Fla. Stats. Reimbursements shall be at the following rates: Mileage $0.445 er mile Breakfast $6.00 Lunch $11.00 Dinner $19.00 Airfare Actual ticket cost limited to tourist or coach class fare Rental car Actual rental cost limited to compac : or standard -size vehicle,; Lodging Actual cost of lodging at single occupancy rate with a cap of no more than $150.00 per night Parldng Actual cost of parking Taxi or Airport Actual cost of either taxi or Limousine airport ::imousme Reimbursable items other than travel expenses shall be limited to the following: telephone long- distance charges, fax charges, photocopying charges and postage. Reimbursable items will be paid only after Consultant has provided all receipts. Consultant shall be responsible for all other costs and expenses associated with activities and solicitations undertaken pursuant to this .:agreement. 4. SALES TAX. Consultant shall pay all s:1es, consumer, use and other similar taxes associated with the Work or portions :hereof, which are applicable during 'the performance of the Work. 5. NOTICES. All notices from the County to the Consultant shall be deemed duly served if mailed or faxed to the Consultant at the following Address: Dorrill Managemeut Group, Inc. 5672 Strand C:t. Suite 1 Naples, Flori( : :a 34110 Telephone: 239.592 -9115 Attn: William N. Dorrill Fax: 239 -59,': -4122 Page 2 of 9 January 8, 2014 Pelican Bay Services Division Board Regular Session Page 3 of 15 December 4, 2013 Pelican Bay-;ervices Division Board Regular Session 10b. Administrator's contract and RFP from February 2009 (Susan O'Brien) All Notices from the Consultant to,& County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Pi.Irchasing /GS Director Telephone: 23 1- 252 -8371 Facsimile: 23S,-252-6584 The Consultant and the County may charge the above mailing address at any time upon giving the other party written notificaion. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein conta ined shall create or be construed as creating a partnership between the County and the Consultant or to constitute the Consultant as an agent of the County. 7. PERMITS: LICENSES: TAXES. In comp:.iance with Section 218.80, F.S., all permits necessary for the prosecution of the Work sl-.all be obtained by the Consultant. Payment for all such permits issued by the County , hall be processed internally by the County. All non - County permits necessary for the prosecution of the Work shall be procured and paid for by the Consultant. The Cor_sultant shall also be solely responsible for payment of any and all taxes levied on the Consultant. In addition, the Consultant shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Consultant agrees to comply with all laws governing the responsibility' of an employer with respect to persons employed by the Consultant. 8. NO IMPROPER USE. The Consultant will not use, nor suffer or permit any person to use in any manner whatsoever, County faciLties for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of a.:ty governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Consultant or if the County or its authorized representative shall deem any conduct on the part of the Consultant to be objectionable or imp: -oper, the County shall have the light to suspend the contract of the Consultant. Should the Consultant fail to correct any such violation, conduct, or practice to the satisfa-: lion of the County within twenty -four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Ccnsultant further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION. Should the Consultani be found to have failed to perform his services in a manner satisfactory to the Cou: ity as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. Page 3 of 9 January 8, 2014 Pelican Bay Services Division Board Regular Session Page 4 of 15 December 4, 2013 Pelican Bay Services Division Board Regular Session 10b. Administrator's contract and RFP from February 2009 (Susan O'Brien) Page 4 of 15 10. NO DISCRIMINATION. The Consultant igrees that there shall be no discrimination as to race, sex, color, creed or national origi::t. 11. INSURANCE. The Consultant shall provicle insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000✓ / Per Occurrence, Combined Single L r dt for Bodily Injury Liability and Property Damage Liability. This shall inclu-:ie Premises and Operations; Independent Consultants; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage ,:1aH have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non- Ownersh '.p. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applical:le state and federal laws. The coverage must include Employer:` Liability with a minimum limit of $500,000 for each accident. D. Professional Liability: Coverage shall Y ave a minimum limit of $1,000,000 Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeing the requirement herein identified shall be maintained by Consultant during the duration of this Agreement. Renewal certificates shall be sent to the County - hirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Consultant shall insure that all subcontractors comply with the same insurance requirements that he is required to :meet. The same Consultant shall provide County with certificates of insurance n,.eeting the required insurance provisions. 12. INDEMNIFICATION. To the maximura extent permitted by Florida law, the Consultant shall indemnify and hold h,:xmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wr:rngful conduct of the Consultant or anyone employed or utilized by the Consultant in the performance of this Agreement. This indemnification obligation shall not be consi::ued to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Paje 4 of 9 January 8, 2014 Pelican Bay Services Division Board Regular Session Page 5 of 15 December 4, 2013 Pelican Bay Services Division Board Regular Session 10b. Administrators contract and RFP from February 2009 (Susan O'Brien) Page 5 of 15 Collier County. 13. CONTRACT ADMINISTRATION. Thi :: Agreement shall be administered on behalf of the County by Pelican Bay Managemen`. Services Division . 14. CONFLICT OF INTEREST: Consultant n!presents that it presently has no interest and shall acquire no interest, nor give the appearance of conflict of interest either direct or indirect, which would conflict in any manlier with the performance of services required hereunder. Consultant further represents ':hat no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as ful'y a part of the contract as if herein set out verbatim: Consultant's Proposal, Insurame Certificate, RFP #09 -5174, Exhibit A Scope of Services and Addendum /Addenda. 16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreE ment is subject to appropriation by the Board of County Commissioners. 17. PROMBITION OF GIFTS TO COL :[M EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohbition by the individual, firm, and /or any employee of the firm from contact with t:-ounty staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. 18. IMMIGRATION LAW COMPLIANCE. B•,, executing and entering into this agreement, the Consultant is formally acknowledgin,; without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. -1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Consultant to comply with the laws referenced herein shall constitute a breach :)f this agreement and the County shall have the discretion to unilaterally terminate this ,agreement immediately. 19. OFFER EXTENDED . TO OTHER GOV 13RNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant cc:ntract to other governmental entities at the discretion of the successful proposer. 20. AGREEMENT TERMS. If any portion of ties Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in past, the remaining portion of this Agreement shall remain in effect. Page 5 of 9 January 8, 2014 Pelican Bay Services Division Board Regular Session Page 6 of 15 December 4, 2013 Pelican Bay Services Division Board Regular Session 10b. Administrator's contract and RFP from February 2009 (Susan O'Brien) Page 6 of 15 21. ADDITIONAL ITEMS /SERVICES. Additional items and/or services maybe added to this contract upon satisfactory negotiation of price by the Contract Manager and Consultant. 22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disp utes by negotiation. The negotiation shall be attended by representatives of Consultant with full decision - making authority and by Counts staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Consultant with full decision - making authority and by County's staff I)erson who would make the presentation of any settlement reached at mediation to C-Ounty's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under se,: .,tion 44.102, Fla. Stat. Any suit or action brought by either pari:y to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 23. KEY PERSONNE14TROTECT STAFFING The proposer's personnel and management to be utilized for this project shall be lrn, rwledgeable in their areas of expertise. The County reserves the right to perform in, estigations as may be deemed necessary to insure that competent persons will be 1::tilized in the performance of the contract. Selected firm shall assign as many peop'e as necessary to complete the project on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the dates set forth in the Project Schedule. Firm shall not change Key Personnel unless the following conditiors are met: (1) Proposed replacements have substantially the same or better qualificati ins and /or experience. (2) that the County is notified in writing as far in advance vs possible. Firm shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of propose& replacement personnel. Page 6 of 9 January 8, 2014 Pelican Bay Services Division Board Regular Session Page 7 of 15 December 4, 2013 Pelican Bay Services Division Board Regular Session 10b. Administrator's contract and RFP from February 2009 (Susan O'Brien) Page 7 of 15 IN WITNESS WHEREOF, the Consultant an(.;, the County, have each, respectively, by an authorized person or agent, hereunder set their l -ands and seals on the date and year first above written. ATTEST: Dwight-E`.JB $& &, ?Q1Vrk.of Courts `trst Witness y r, V" 5 A , —POW -ers Type/ print witness name Second Witness �•iilSDr'1 Cal�n�a.11 Type/ print witness name Approved as to form and legal sufficiency: Assistant County Attorney Jennifer White Page 7 of 9 BOARD OF COUNTY COMMISSIONERS COLLIER COUN'T'Y, FLORIDA By:. Y- DFiala, Chairman Porrill Management Group January 8, 2014 Pelican Bay Services Division Board Regular Session Page 8 of 15 _ December 4, 2013 Pelican Bay Services Division Board Regular Session 10b. Administrators contract and RFP from February 2009 (Susan O'Brien) Page 8 of 15 Exhid:)it A Scope of Services This Scope of Services addresses the duties and responsibilities of the newly titled Administrator of the Pelican Bay Services Divi.;ion, hereinafter called the "Administrator", formerly titled "Manager ", effective DUTIES OF THE AI:►MINISTRATOR The Administrator's duties and responsibilities h-iclude the following: 1) It will be the Administrator's main res. ?onsibility to implement the policies of the PBSD, as directed by the Pelican Bay Sery .ces Division Board. 2) The Administrator shall prepare the necessary organizational structure and interview and recommend personnel to be hired an,l employed by the County for the PBSD. The Administrator shall supervise the perso:.Mel employed by the PBSD in accordance with all Federal, State and County laws, rules and regulations where applicable. The Administrator shall request approval of file PBSD Board for any significant changes in size or makeup of the organization. Cm•rently, the Administrator has the following people reporting to him - one (1) Superintendent, one (1) Operations Analyst, one (1) Administrative Assistant and sixteen (16) field employees. 3) The Administrator shall implement a'1 policies established by the County in connection with the operation of the PBSI ). 4) The Administrator shall be expected to rxi.ake recommendations on a regular basis for programs to improve the Pelican Bay Corranunity 5) The Administrator shall participate in meetings, discussions, project site visits, workshops and hearings as may pertain to the administration of the services being provided and report results to the PBSD Board. 6) The Administrator shall attend regular aid special meetings of the Board of County Commissioners when issues arise regarding PBSD activities and report results to the PBSD Board. The Administrator will si,.ggest that a PBSD Board member join the Administrator at the meeting if the Admv ristrator deems that such joint representation would be desirable. 7) The Administrator shall review outside :,ontractor bids and make recommendations for approval or disapproval to the PBSD E-oard. 8) The Administrator shall work with th:: Chairperson of the PBSD Board in the preparation of the Board's agenda and collaborate with the Chair in selecting items and priorities. Pale 8 of 9 January 8, 2014 Pelican Bay Services Division Board Regular Session Page 9 of 15 December 4, 2013 Pelican Bay Services Division Board Regular Session 10b. Administrator's contract and RFP from February 2009 (Susan O'Brien) age 9) The Administrator shall prepares ands adn inister the PBSD's Annual Budget(s) in accordance with all Federal, State and County laws, rules and regulations where applicable. 10) The Administrator will have an understanding of Florida County government operations, good management principals and skills, as well as knowledge and skills in personnel relations, public relations, and accounting and computer software operations. 11) The Administrator's performance may be critiqued by any Board member at a regular monthly Board meeting. Any Board member may meet privately with the Administrator to discuss Administrator's I)erformance. 12) The Administrator shall devote such tin -e as necessary to complete the duties and responsibilities assigned according to the :specifications of this RFP. The Administrator shall spend a minimum of three hundred twelve (312) hours a year on the duties specified. Hours spent over the minimum are not entitled to extra compensation unless approved in written by the PBSD hoard. The Administrator should detail on a monthly basis the time spent in the performance of these duties. The PBSD currently provides an office and staff for the .'idministrator in Pelican Bay, but is not contractually required to do so. 13) The Administrator shall respond to any request for information or data from the County Managers office. 14) The Administrator may be called on i :) provide assistance to any or all other committees that are currently and may be :treated by PBSD Board. January 8, 2014 Pelican Bay Services Division Board Regular Session Page 10 of 15 December 4, 2013 Pelican Bay Services Division Board Regular Session 10b. Administrator's contract and RFP from February 2009 (Susan O'Brien) Page 10 of 15 EXHIBIT A -1 Contract Amendment No. 1 to 09 -5174 "Management Services for Pelican Bay Services" This amendment, dated ' ?—& , 2009 to the referenced agreement shall be by and between the parties to the original agreement, Dorrill Management Group, (to be referred to as "Consultant ") and Collier County, Florida, (to be referred to as "County"). Statement of Understanding RE: Contract #09 -5174 "Management Services for Pelican Bay Services" The following change to the above referenced Agreement has been mutually agreed to by the Consultant and the County. The additions to the existing language in the Agreement are shown herein by underlining; deletions from the Agreement are shown by tfi��s. 3. THE CONTRACT SUM. The County shall pay the Consultant for the performance of the Agreement the sum of ($42,300.00) (forty two thousand three hundred dollars) for the period of time commencing on July 1, 2009 and ending on June 30, 2010, payable at the rate of 111 thousand five hundred re 94ty " "ee &R°rs) Q3,533) three thousand five hundred twenty five dollars ($3525.00) per month, subject to Change orders as approved in advance by the County. This price shall be fixed and firm for the first year duration but will increase to fifty six thousand four hundred dollars ($56,400.00) for subsequent years of the contract. Any pre - approved travel expenses shall be paid at actual cost with no markup for travel outside of Lee and Collier County. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla. Stat., otherwise known as the "Local Government Prompt Payment Act". All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Consultant and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. Accepted: 7 !G , 2009 CONSULTANT: Dorr. BOARD OF COUNTY COMMISSIONERS By: COLLIER COUINTY, I By:, ger CONTRACT SPEI January 8, 2014 Pelican Bay Services Division Board Regular Session Page 11 of 15 December 4, 2013 Pelican Bay Services Division Board Regular Session 10b. Administrator's contract and RFP from February 2009 (Susan O'Brien) Page 11 of 15 EXECUTIVE SUMMARY Recommendation to authorize amendment #2 for contract 09 -5174 Management of Pelican Bay Services to Dorrill Management Group to increase the number of hours per month, fees and the contract period to Dorrill Management Group and extend the term for one additional year; and authorize the Chairwoman to approve the amendment. OBJECTIVE: To provide additional services to the Clam Pass Emergency dredging project and a continuity of services for the management of the Pelican Bay community. CONSIDERATIONS: The Board of County Commissioners approved contract 09 -5174 Management of Pelican Bay Services to Dorrill Management Group on June 23, 2009 (Agenda Item 16F7) after receipt and review of four (4) proposals. The Pelican Bay Services Division Advisory Board recommended Dorrill Management Group by a unanimous vote. The contract term was an initial one (1) year period with three (3) additional one (1) year renewal periods with an expiration date of June 23, 2013. On September 14, 2010 (Agenda Item 16F5), the Board approved an increase in the total number of hours due to the expanded day -to -day role of the Administrator required to respond to an increased number of committees functioning under the Advisory Board. The current contract overview is as follows: Note: Three (3) change orders have been approved by the Board during this period of time to "not exceed" $15,000 for additional field work related to projects. Two of the change orders related to berm restoration project oversight in year 3; the third change order was for Clam Pass emergency project oversight in year 4. Total dollar amounts have been rounded and may not be exact. On December 11, 2012, the Board of County Commissioners authorized and reassigned to the Pelican Bay Services Division the responsibility for all matters concerning the Clam Pass Natural Resource Protection Area. In recognition of the reassignment of responsibilities, the Pelican Bay Services Division Advisory Board voted unanimously on January 21, 2013, to add an additional sixteen (16) hours per month to the Management agreement for the additional responsibilities of the Clam Pass Emergency Dredging Project and the coordination of updates to the Clam Pass Management Plan and Permit. Staff recommends that this added service responsibility Monthly / TOTAL Annual Contract Date Annual Hours Cost (without Hourly Rate Period Included and field work *) Billed Year 1 6/23/09 — 6/22/10 26/208 $42,300 $203.37 (discount provided) Year 2 6/23/2010 — 6/22/11 26/312 56,400 180.77 Year 3 6/23/2011 — 6/23/12 51 /612 75,360 123.14 Year 4 6/23/2012 — 6/23/13 1 51 /612 75,360 123.14 Note: Three (3) change orders have been approved by the Board during this period of time to "not exceed" $15,000 for additional field work related to projects. Two of the change orders related to berm restoration project oversight in year 3; the third change order was for Clam Pass emergency project oversight in year 4. Total dollar amounts have been rounded and may not be exact. On December 11, 2012, the Board of County Commissioners authorized and reassigned to the Pelican Bay Services Division the responsibility for all matters concerning the Clam Pass Natural Resource Protection Area. In recognition of the reassignment of responsibilities, the Pelican Bay Services Division Advisory Board voted unanimously on January 21, 2013, to add an additional sixteen (16) hours per month to the Management agreement for the additional responsibilities of the Clam Pass Emergency Dredging Project and the coordination of updates to the Clam Pass Management Plan and Permit. Staff recommends that this added service responsibility January 8, 2014 Pelican Bay Services Division Board Regular Session Page 12 of 15 December 4, 2013 Pelican Bay Services Division Board Regular Session 10b. Administrator's contract and RFP from February 2009 (Susan O'Brien) Page 12 of 15 and increased number of hours be effective February 1, 2013, along with a seven (7) day extension through June 30, 2013. Concurrently, the Pelican Bay Services Division Board voted unanimously to request that the Board extends contract 09 -5174 Management of Pelican Bay Services to Dorrill Management Group through June 23, 2014, per the Purchasing Policy [Contract Administration XV D] as they believe it is in the County's best interest for continuity and oversight. The action on this agenda item would result in the following: Note: Three (3) change orders have been approved by the Board during this period of time to "not exceed" $15,000 for additional field work related to projects. Two of the change orders related to berm restoration project oversight in year 3; the third change order was for Clam Pass emergency project oversight in year 4. Total dollar amounts have been rounded and may not be exact. In summary, if approved, this contract amendment will result in: 1. Increases in additional monthly hours served by Dorrill Management Group commencing on 2/1/13 (from 51 to 67); 2. Extends contract 09 -5174 Management of Pelican Bay Services to Dorrill Management Group for an additional term through 6/30/2014; and 3. Updates contract adding tasks and project management rates, and updates other miscellaneous contract items reviewed and approved by the County Attorney's staff. FISCAL IMPACT: Services are paid from and sufficient funding exists for this contract within the Pelican Bay Services Fund (109). The additional FY13 management fee is $11,821; the annual contract management fee for years five (5) and six (6) is approximately $99,000. GROWTH MANAGEMENT IMPACT: There are no growth management implications with this executive summary. Monthly or TOTAL Monthly Contract Date Annual Hours or Annual Cost Hourly Rate Period Included and (without field Billed work* Year 1 6/23/09 — 6/22/10 26 / 208 (discount $3,525 / $42,300 $203.37 provided) Year 2 6/23/10 — 6/22/11 26/312 4,700 /56,400 180.77 Year 3 6/23/1 1 — 6/22/12 51/612 6,280 / 75,360 123.14 Year 4 6/23/212 — 6/30/13 51/357 6,280 / 43,960 123.14 through 1/31/13 Year 4 from 6/23/12 — 6/30/13 67/335 8,250 / 41,251 123.14 2/1/13 to 6/30/13 Year 5 7/1/13 — 6/30/14 67/804 8,250 / 99,005 123.14 Note: Three (3) change orders have been approved by the Board during this period of time to "not exceed" $15,000 for additional field work related to projects. Two of the change orders related to berm restoration project oversight in year 3; the third change order was for Clam Pass emergency project oversight in year 4. Total dollar amounts have been rounded and may not be exact. In summary, if approved, this contract amendment will result in: 1. Increases in additional monthly hours served by Dorrill Management Group commencing on 2/1/13 (from 51 to 67); 2. Extends contract 09 -5174 Management of Pelican Bay Services to Dorrill Management Group for an additional term through 6/30/2014; and 3. Updates contract adding tasks and project management rates, and updates other miscellaneous contract items reviewed and approved by the County Attorney's staff. FISCAL IMPACT: Services are paid from and sufficient funding exists for this contract within the Pelican Bay Services Fund (109). The additional FY13 management fee is $11,821; the annual contract management fee for years five (5) and six (6) is approximately $99,000. GROWTH MANAGEMENT IMPACT: There are no growth management implications with this executive summary. January 8, 2014 Pelican Bay Services Division Board Regular Session Page 13 of 15 December 4, 2013 Pelican Bay Services Division Board Regular Session 10b. Administrator's contract and RFP from February 2009 (Susan O'Brien) Page 13 of 15 LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office, is legally sufficient for Board action and only requires a majority vote for approval —SRT. RECOMMENDATION: That the Board authorizes amendment #2 for contract 09 -5174 Management of Pelican Bay Services to Dorrill Management Group to increase the number of hours per month, fees and the contract period to Dorrill Management Group and extend the term for an additional term through June 30, 2014 and authorizes the Chairwoman to execute the County Attorney approved amendment. It is further recommended that the County Commission, subsequent to this action, direct the Pelican Bay Services Division Board to consider either extending this contract for an additional one year term through June 30, 2015 or alternatively initiate actions to solicit new proposals for these management services within the next 30 days. Prepared by: W. Neil Dorrill Approved by: Leo Ochs, County Manager Attachments: • Current Contract 09 -517 Management of Pelican Bay Services with Dorrill Management Group • Contract Amendment #1 • Contract Amendment #2 January 8, 2014 Pelican Bay Services Division Board Regular Session Page 14 of 15 December 4, 2013 Pelican Bay Services Division Board Regular Session 10b. Administrator's contract and RFP from February 2009 (Susan O'Brien) Page 14 of 15 EXHIBIT A -2 Contract Amendment No. 2 to 09 -5174 "Management Services for Pelican Bay Services" This amendment, dated At,. 2b , 2013 to the referenced agreement shall be by and between the parties to the original agreement, Dorrill Management Group, (to be referred to as "Consultant ") and Collier County, Florida, (to be referred to as "County "). Statement of Understanding RE: Contract #09 -5174 "Management Services for Pelican Bay Services" The following change to the above referenced Agreement has been mutually agreed to by the Consultant and the County. The additions to the existing language in the Agreement are shown herein by underlining: deletions from the Agreement are shown by 1. COMMENCEMENT. The Consultant shall commence the work upon execution of this agreement. The in fie event, iRelUdifig Feftewal Gaunty's iateiiflefi 43 exiend the AgFeeinent term not less than ten (w) days p4ar to the e"d 4 the AgFeement '°-- theR in e' ". . The current contract shall be extended and run through June 30 2014 The Agreement shall additionally provide: Commencing on February I, 2013: • The Consultant will provide 67 hours per month (804 hours per year) at a monthly rate of eight thousand two hundred and fifty ($8 250) dollars • Additional nroiect manager services above and beyond moperty mana enent services will be billed at a rate of seventy (570.00) dollars per hour, • For that increase of hours. the following additional services are added: • The Administrator shall be responsible for the management of the Clam Bay Natural Resource Protection Area (N.RT A.) and have an understanding of Federal. State and local permitting for or all matters pertaining to the maintenance and dredging of Clam Pass and the adjacent estuary and beach. • The Administrator shall also be responsible to both develop and facilitate a long-range management plan maintenance permit(s) and strategy to engage all stakeholders • As hart ofineeting requirements the Service Division currently has committees formed that include budget. landscape /water management Clam Bay .pathways trees community improvement planning, and other responsibilities as outlined by the Pelican Ba) Board All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Consultant and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. CONSUL T• DorrilI ana ent rq By: utho ize ignatory Print Name and Title ATTEST:. DWIGHT E. BROCK, Clerk .,By. 3t r AttStS�O O-C By: genSd,fiirh;0 1 ]q�al sufficiency Scott R. Teach, Deputy County Attorney January 8, 2014 Pelican Bay Services Division Board Regular Session Page 15 of 15 December 4, 2013 Pelican Bay Services Division Board Regular Session 10b. Administrator's contract and RFP from February 2009 (Susan O'Brien) Page 15 of 15 BOARD F O TY CO MISSIONERS, COLLIE C, Y, L DA. By: Georgia A, h ii• r. 'q., Chairwoman 2 January 8, 2013 Pelican Bay Services Division Board Regular Session 10a. Chairman's Report - Administrator's contract and RFP from February 2009 Page 1 of 34 REQUEST FOR PROPOSAL NUMBER RFP # 09 -5174 C County COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Pelican Bay Services Division "Management Services for Pelican Bay Services Division" Jack Curran Purchasing Agent This proposal solicitation document is prepared in a Microsoft Word 2003 format. Any alterations to this document made by the proposer may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. NON -CCNA (Revision 7/2008) January 8, 2013 Pelican Bay Services Division Board Regular Session 10a. Chairman's Report - Administrators contract and RFP from February 2009 Page 2 of 34 LEGAL NOTICE Pursuant to approval by the County Manager, Sealed Proposals to provide annual contract for management services for Pelican Bay Services division will be received until 3:00 p.m.., Naples local time, on March 19, 2009 at the Purchasing Department, Purchasing Building "G ", Collier County Government Complex, 3301 Tamiami Trail East, Naples, Florida 34112. 09 -5174 "Management Services for Pelican Bay Services Division" Services to be provided shall include, but not be limited to the following: Management Services for Pelican Bay Services Division.. A non - mandatory pre - proposal conference will be held on March 11, 2009, commencing promptly at 10:00 AM., and will be held in the Purchasing Department Conference Room, 3301 Tamiami Trail East, Building "G ", Naples, Florida 34112. If this pre - proposal conference is denoted at "mandatory", prospective proposers must be present in order to submit a proposal response. All statements shall be made upon the official proposal form which may be obtained on the Collier County Purchasing Department E- Procurement website: www.colliergov.net/bid. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, BY: /S/ Stephen Y. Carnell, C.P.M. Purchasing & General Services Director This Public Notice was posted on the Collier County Purchasing Department webs,ite: www.colliergov.net/purchasing and in the Lobby of Purchasing Building "G ", Collier County Government Center on February 24, 2009. NON -CCNA (Revision 7/2008) 2 January 8, 2013 Pelican Bay Services Division Board Regular Session 10a. Chakman's Report - Administrator's contract and RFP from February 2009 Page 3 of 34 PROPOSER'S NON - RESPONSE STATEMENT RFP# 09 -5174 The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons for prospective Proposers not wishing to respond to this solicitation. If your firm is not responding to this RFP, please indicate the reason(s) by checking any appropriate item(s) listed below and return this form via email, fax or mail to Collier County Purchasing Department, 3301 Tamiami Trail East, Naples, Florida 34112. We are not responding to this RFP for the following reason(s): ❑ Services requested not available through our company. ❑ Our firm could not meet specifications /scope of work. Specifications /scope of work not clearly understood or applicable (too vague, rigid, etc.) ❑ Project is too small. ❑ Insufficient time allowed for preparation of response. ❑ Incorrect address used. Please correct mailing address: ❑ Other reason(s): Name of Firm: Mailing Address: City, State, Zip: Telephone No: Email: am Signature of Representative NON -CCNA (Revision 7/2008) January 8, 2013 Pelican Bay Services Division Board Regular Session 10a. Chairman's Report - Administrator's contract and RFP from February 2009 Page 4 of 34 TABLE OF CONTENTS 1) Introduction /Overview .................................................................. ............................... 6 A) Purpose / Objective .................................................................... ............................... 6 B) Background ............................................................................... ..............................6 C) Questions......... .......................................................................... ............................... D) Method of Source Selection ..................................................... ............................... 7 E) Pre - Proposal Conference .......................................................... ..............................7 F) Projected Timetable ................................................................. ............................... 8 2) General Description of Specifications or Scope of Work .............. ............................... 8 3) Constraints on the Contractor ........................................................ ............................... 4) Contractor's Personnel Requirements ......................................... .............................10 5) Contractor's Responsibilities......._ ................................................ .............................10 6) County's Responsibilities ............................................................. .............................10 7) Reporting Requirements .............................................................. .............................10 8) County's Right to Inspect ............................................................... ............................... 9) Terms and Conditions of Contract ................................................ .............................10 10) General Terms and Conditions ..._ .........................................._... .............................11 A. Licenses ................................................................................... .............................11 B. Principals /Collusion .................................................................. .............................11 C. Taxes ....................................................................................... .............................12 D. Relation of County .................................................................... .............................12 E. Term Contracts ......................................................................... .............................12 F. Termination .............................................................................. .............................12 G. Liability ..................................................................................... .............................12 H. Assignment .............................................................................. .............................12 I. Lobbying .................................................................................... .............................13 J. Single Proposal ......................................................................... .............................13 K. Protest Procedures ................................................................... .............................13 L. Public Entity Crime ................................................................... .............................14 M. Conflict of Interest .............._..........._......................................... .............................14 N. Prohibition of Gifts to County Employees ................................. .............................14 0. Immigration Reform and Control Act ........................................ .............................14 P. Collier County Local Preference Policy ......................... .............................13 11) Instructions for Proposal ............................................................ .............................15 A) Compliance with the RFP ......................................................... .............................15 B) Acknowledgment of Insurance Requirements .......................... .............................16 C) Acknowledgment of Bonding Requirements ............................................................. D) Delivery of Proposals ....._........... ................................................ .............................16 E) Evaluation of Proposals ( Procedure) ........................................ .............................17 F) Ambiguity, Conflict, or Other Errors in the RFP ........................ .............................18 G) Proposal, Presentation, and Protest Costs .............................. .............................18 H) Acceptance or Rejection of Proposals ..................................... .............................18 1) Requests for Clarification of Proposals ...................................... .............................18 J) Validity of Proposals ................................................................. .............................19 K) Response Format ..................................................................... .............................19 NON -CCNA (Revision 7/2008) 4 January 8, 2013 Pelicm Bay Services Division Board Regular Session 10a. Chairman's Report - Administrator's contract and RFP from February 2009 Page 5 of 34 L) Proposal Selection Committee and Evaluation Factors ............ .............................22 ATTACHMENTS Proposer Check List Conflict Of Interest Affidavit Proposers Qualification Form Declaration Statement Affidavit Claiming Status as a Local Business Insurance Requirements NON -CCNA (Revision 7/2008) January 8, 2013 Pelican Bay Services Division Board Regular Session 10a. Chairman's Report - Administrators contract and RFP from February 2009 Page 6 of 34 Request for Proposals "Management Services for Pelican Bay Services Division " 1) Introduction /Overview Purpose /Objective As requested by the Collier County Purchasing Department (hereinafter, the "Division or Department "), the Collier County Board of County Commissioners Purchasing Department (hereinafter, "County ") has issued this Request for Proposal (hereinafter, "RFP ") with the sole purpose and intent of obtaining proposals from interested and qualified firms offering management services for Pelican Bay Services Division in accordance with the specifications stated and /or attached herein /hereto. The successful proposer will hereinafter be referred to as the "Contractor ". If awarded, a contract to provide these services will be effective on the date contract is approved by the Board of County Commissioners (herein after, the BCC), signed by all required parties and filed in the Office of Records and Minutes. The anticipated contract term will be for the period of Twelve (12) months. Additionally, by mutual agreement and funding availability, the contract may be renewed for three (3) terms of One (1) year each. In no event, including renewal options, shall the contract exceed Four (4) years. Background The Community of Pelican Bay has been designated a dependent Municipal Services Taxing and Benefit Unit (MSTBU) district within Collier County and oversees the operations of the Pelican Bay Services Division (PBSD) as per Collier County Ordinance #2002 -27 ( "Ordinance "), Attachment "A ". The Community thus receives all County Services directly from Collier County and all special, non- County services and benefits from the Pelican Bay Services Division (PBSD). Pelican Bay property owners (both residential and commercial) tax and assess themselves each year to pay for the special PBSD services and amenities. These PBSD funds are collected by the County but are administered by the Administrator of the Pelican Bay Services Division, Inasmuch as all funds administered by the Administrator are derived from Pelican Bay property owners, and all services, programs and projects are done to benefit these same property owners, it is the Administrator's primary job to manage these funds and the PBSD activities for the benefit of the Pelican Bay Community. The PBSD Board acts for the Board of County Commissioners in the day to day operational direction of the Administrator of the PBSD as per Section 13, Items D and E of the Ordinance. NON -CCNA (Revision 7/2008) January 8, 2013 Pelican Bay Services Division Board Regular Session 10a. Chakman's Report - Administrators contract and RFP from February 2009 Page 7 of 34 Questions Direct questions related to this RFP to the Collier County Purchasing Department E- Procurement website: www.colliergov.neVbid. Proposers must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Purchasing Department E- Procurement website. For general questions, please call the referenced Purchasing Agent at (239) 252 -6098. Method of Source Selection The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 87 -25, and Collier County Resolution Number 2006 -268 establishing and adopting the Collier County Purchasing Policy. The County may, as it deems necessary, conduct discussions with qualified proposers determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. Pre - Proposal Conference A non - mandatory pre - proposal conference will be held on March 11th, 2009, commencing promptly at 10:OOAM., and will be held in the Purchasing Department Conference Room "A ", 3301 Tamiami Trail East, Building "G ", Naples, Florida 34112. The purpose of the pre - proposal conference is to allow an open forum for discussion and questioning with County staff regarding the RFP with all prospective proposers having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the RFP. Only written responses to written questions will be considered official, and will be included as part of the RFP as an addendum. All prospective proposers are strongly encouraged to attend, as, unless requested by the department, this will be the only pre - proposal conference for this solicitation. If this pre - proposal conference is denoted at "mandatory", prospective proposers must be present in order to submit a proposal response. NON -CCNA (Revision 7/2008) January 8, 2013 Pelican Bay Services Division Board Regular Session 10a. Chairman's Report - Administrator's contract and RFP from February 2009 Page 8 of 34 Projected Timetable The following projected timetable should be used as a working guide for planning purposes only. The County reserves the right to adjust this timetable as required during the course of the RFP process. Event Date Issue RFP Notice February 24, 2009 Pre-Proposal Conference March 11, 2009 Last Date for Receipt of Written Questions March 13, 2009 Addendum Issued Resulting from the Pre - Proposal Conference If Applicable) To Be Determined Proposal Close Date March19, 2009 Evaluation of Proposals To Be Determined Complete Contract Negotiations and Execute Contract To Be Determined Board of County Commissioner's Contract Approval Date To Be Determined General Description of Specifications or Scope of Work The Contractor, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated herein. Additionally, Proposers may also propose alternate solutions to achieve the requirements of the Scope of Work. The Administrator's duties and responsibilities include the following: It will be the Administrator's main responsibility to implement the policies of the PBSD, as directed by the Pelican Bay Services Division Board. The Administrator shall prepare the necessary organizational structure and interview and recommend personnel to be hired and employed by the County for the PBSD. The Administrator shall supervise the personnel employed by the PBSD in accordance with all Federal, State and County laws, rules and regulations where applicable. The Administrator shall request approval of the PBSD Board for any significant changes in size or makeup of the organization. Currently, the Administrator has the following people reporting to him - one (1) Superintendent; one (1) Operations Analyst, one (1) Administrative Assistant and sixteen (16) field employees. It will be the Administrator's job to coordinate assigned in an effective, efficient and professional individual who has an ability to conceive, obtain programs desired by the Pelican Bay Community Board. NON -CCNA (Revision 7/2008) activities of the PBSD as manner. The job requires an approval for and implement as identified by the PBSD January 8, 2013 Pelican Bay Services Division Board Regular Session 10a. Chairman's Report - Administrator's contract and RFP from February 2009 Page 9 of 34 The Administrator shall be expected and prepared to make recommendations, on a regular basis, for programs to improve the Pelican Bay community. The Administrator may be asked by the PBSD Board to participate in certain meetings, discussions, project site visits, workshops and hearings, which pertain to the administration of the services being provided and report results to the Board. The Administrator shall work with the Chairperson of the PBSD Board in the preparation of the Board's Agenda for the monthly Board Meeting and will participate in this monthly meeting. The Administrator will also work with Committee Chairs in the preparation of agendas and participate in the Committee Meetings of the Budget Committee and all Committee's established by the PBSD Board. The Administrator may be called on to provide assistance to any or all other Committee's that are currently and may be created by PBSD Board. The Administrator shall assist and cooperate with the Budget Committee in the preparation of the PBSD's Annual Budget in accordance with County rules and regulations where applicable. The Administrator will have an understanding of Florida County Government Operations, good management principles and skills, as well as some knowledge in personnel relations, public relations, accounting and computer software operations. The Administrator's performance may be critiqued by any Board Member at a regular monthly Board Meeting in regards to performance, and responsibilities. The Administrator will respond to any requests for information or data from the County Manager's Office. The Administrator shall devote such time as necessary to complete the duties and responsibilities assigned according to the specifications of this RFP. The Administrator shall report in detail on a monthly basis the time spent during that period in the performance of these duties to the PBSD Board. The PBSD currently provides an office and staff for the Administrator in Pelican Bay, but is not contractually required to do so. NON -CCNA (Revision 7/2008) January 8, 2013 Pelican Bay Services Division Board Regular Session 10a. Chairman's Report - Administrator's contract and RFP from February 2009 Page 10 of 34 Contractor's Personnel Requirements The Contractor's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County and Pelican Bay Services Division Board reserves the right to perform investigations as may be deemed necessary to insure that competent persons will be utilized in the performance of the contract. Selected firm shall assign as many people as necessary to complete the project on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the dates set forth in the Project Schedule. Firm shall not change Key Personnel unless the following conditions are met: (1.) Proposed replacements have substantially the same or better quafafications and /or experience. (2.) That the County is notified in writing as far in advance as possible. Firm shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The PBSD retains final approval of proposed replacement personnel Contractor's Responsibilities It shall be understood and agreed that any and all services, materials and equipment shall comply fully with all Local, State and Federal laws and regulations. County's Responsibilities County responsibilities include: Support PBSD, via Human Resources, County Attorney, Purchasing etc. Reporting Requirements In addition to reports mentioned in the scope of service any that the Board of Pelican Bay Services Division requires. Terms and Conditions of Contract Collier County has developed standard contracts /agreements, approved by the Board of County Commissioners (BCC). The selected Contractor shall be required to sign a standard Collier County contract within twenty one (21) days of Notice of Selection for Award. The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and /or service agreements or other documents provided by the Contractor. Collier County, at its sole discretion, will determine the method of payment for goods and /or services as part of this agreement. NON -CCNA (Revision 7/2008) 10 January 8, 2013 Pelican Bay Services Division Board Regular Session 10a. Chairman's Report - Administrators contract and RFP from February 2009 Page 11 of 34 Payment methods include: 1. Traditional — payment by check, wire transfer or other cash equivalent. 2. Standard — payment by purchasing card. Collier County's Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. Collier County cautions vendors to consider both methods of payment when determining pricing as no additional surcharges or fees will be considered (per Rules for VISA Merchants and MasterCard Merchant Rules). The County will entertain proposals clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial proposal submittal if it is clearly marked as an "Additional Cash Discount." General Terms and Conditions A. Licenses The Contractor is required to possess the correct occupational license, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly Licensed to perform the activities or work included in the contract documents. Failure on the part of any proposer to submit the required documentation may be grounds to deem proposer non- responsive. A Contractor, with an office within Collier County is also required to have an occupational license. If you have questions regarding professional licenses, please contact the Contractor Licensing, Community Development and Environmental Services at (239) 252 -2431, 252 -2432 or 252 -2909. Questions regarding required occupational licenses, please contact the Tax Collector's Office at (239) 252 -2477. B. Principals /Collusion By submission of this Proposal, the undersigned, as Proposer, does declare that the only person or persons interested in this Proposal as principal or principals is/are named therein and that no person other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. NON -CCNA (Revision 7/2008) 11 January 8, 2013 Pelican Bay Services Division Board Regular Session 10a. Chairman's Report - Administrator's contract and RFP from February 2009 Page 12 of 34 C. Taxes Collier County is exempt from Federal Excise and State of Florida Sales Tax. Collier County Use Tax Certificate Number is 85- 8012621830C -2. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. D. Relation of County It is the intent of the parties hereto that the Contractor shall be legally considered an independent contractor, and that neither the Contractor nor their employees shall, under any circumstances, be considered employees or agents of the County nor PBSD, and that the County and PBSD shall be at no time legally responsible for any negligence on the part of said Contractor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. E. Term Contracts If funds are not appropriated for continuance of a term contract to completion, cancellation will be accepted by this Contractor on thirty (30) days prior written notice. F. Termination Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and PBSD, the County and PBSD may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County and PBSD shall be sole judge of non - performance. G. Liability The Contractor will not be held responsible for failure to complete contract due to causes beyond its control, including, but not limited to, work stoppage, fires, civil disobedience, riots, rebellions, Acts of Nature and similar occurrences making performance impossible or illegal. H. Assignment The Contractor(s) shall not assign, transfer, convey, sublet or otherwise dispose of this contract, or of any or all of its rights, title or interest therein, or his or its power to execute such contract to any person, company or corporation without prior written consent of the County. NON -CCNA (Revision 7/2008) 12 January 8, 2013 Pelican Bay Services Division Board Regular Session 10a. Chairman's Report - Administrators contract and RFP from February 2009 Page 13 of 34 I. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners and Pelican Bay Service Division Board do not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a Proposal. Firms and their agents are not to contact members of the County Commission or the Pelican Bay Services Division Board for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closing to final Board approval, no firm or their agent shall contact any other employee of Collier County or Pelican Bay Services Division in reference to this Proposal, with the exception of the Purchasing Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. J. Single Proposal Each Proposer must submit, with their proposal, the required forms included in this RFP. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub - consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub - consultant to any other firm or firms submitting under the same RFP. All submittals in violation of this requirement will be deemed non - responsive and rejected from further consideration. In addition, consultants that have participated and /or will participate in the development of scope, background information or oversight functions on this project are precluded from submitting a Proposal as either a prime or sub - consultant. K. Protest Procedures Any actual or prospective Proposer to a Request for Proposal, who is aggrieved with respect to the former, shall file a written protest with the Purchasing Director 2dz to the due date for acceptance of proposals. All such protests must be filed with the Purchasing Director no Later than 11:00 a.m. Collier County time on the final published date for the acceptance of the Request for Proposals. The Board of County Commissioners and the Pelican Bay Services Division Board will make award of contract in public session. Award recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and Thursdays. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. NON -CCNA (Revision 7/2008) 13 January 8, 2013 Pelican Bay Services Division Board Regular Session 10a. Chairman's Report - Administrator's contract and RFP from February 2009 Page 14 of 34 Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Purchasing Director. L. Public Entity Crime A person or affiliate who has been placed on the convicted vendor List following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor List. M. Conflict of Interest Proposer shall complete the Conflict of Interest Affidavit included as an attachment to this RFP document. Disclosure of any potential or actual conflict of interest is subject to County staff and PBSD review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. N. Prohibition of Gifts to County Employees No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. O. Immigration Reform and Control Act Proposer acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seg. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the Laws referenced herein shall constitute a breach of the award agreement and NON -CCNA (Revision 7/2008) 14 January 8, 2013 Pelican Bay Services Division Board Regular Session 10a. Chairman's Report - Administrator's contract and RFP from February 2009 Page 15 of 34 the County shall have the discretion to unilaterally terminate said agreement immediately. P. Collier County Local Preference Policy Collier County provides an incentive to local business to enhance the opportunities of local businesses in the award of County contracts. In the evaluation of proposals, the County rewards Proposers for being a local business by granting a ten (10) points incentive in the evaluation criterion points. Definition of Local Business A "local business" is defined as a business that has a valid occupational license issued by Collier County at least one year prior to bid or proposal submission to do business within Collier County that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not by used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well -being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to Collier County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. Documentation Requirements Proposer must complete and submit with their proposal response, the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a Proposer to submit this Affidavit with their proposal response will preclude said Proposer from being considered for preference on this solicitation. Collier County's Remedy for Misrepresentation A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. 11) Instructions for Proposal A) Compliance with the RFP Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFP may result in disqualification. NON -CCNA (Revision 7/2008) 15 January 8, 2013 Pelican Bay Services Division Board Regular Session 10a. Chairman's Report - Administrator's contract and RFP from February 2009 Page 16 of 34 B) Acknowledgment of Insurance Requirements By signing the Insurance Requirements included in this RFP, Proposer acknowledges these conditions include Insurance Requirements. It should be noted by the Proposer that, in order to meet the County's requirements, there may be additional insurance costs to the Proposer's firm. It is, therefore, imperative that the proposer discuss these requirements with the Proposer's insurance agent, as noted on the Insurance Check List, so that allowances for any additional costs can be made by the Proposer. The Proposer's obligation under this provision shall not be limited in any way by the agreed upon contract price, or the Proposer's limit of, or lack of, sufficient insurance protection. Proposer also understands that the evidence of required insurance may be required within five (5) business days following notification of its offer being accepted; otherwise, the County may rescind its acceptance of the Proposer's proposal. C) The specific insurance requirements for this solicitation are: Attached to this proposal D) Delivery of Proposals All proposals are to be delivered before 3:00 p.m., Naples local time, on or before March 19, 2009 to: Collier County Board of County Commissioners Purchasing Department 3301 Tamiami Trail East, Bldg. "G° Naples, Florida 34112 Attn: Jack Curran, Purchasing Agent The County nor PBSD shall not bear the responsibility for proposals delivered to the Purchasing Department past the stated date and /or time indicated, or to an incorrect address by proposer's personnel or by the proposer's outside carrier. However, the Purchasing /General Services Director, or designee, shall reserve the right to accept proposals received after the posted close time under the following conditions: • The tardy submission of the proposal is due to the following circumstances, which shall include but not be limited to: late delivery by commercial carrier such as Fed Ex, UPS, DHL or courier where delivery was scheduled before the deadline. • The acceptance of said proposal does not afford any competing firm an unfair advantage in the selection process. NON -CCNA (Revision 7/2008) 16 January 8, 2013 Pelican Bay Services Division Board Regular Session 10a. Chairman's Report - Administrators contract and RFP from February 2009 Page 17 of 34 Proposers must submit one (1) designated original and Four (4) numbered exact copies of the proposal (total of Five (5). Additionally, one (1) proposal submitted on a CD -ROM in Microsoft Word format is mandatory. List the Proposal Number on the outside of the box or envelope and note "Request for Proposal enclosed." E) Evaluation of Proposals (Procedure) The County's procedure for selecting is as follows: 1. The PBSD Board shall appoint a Selection Committee to review all proposals submitted. 2. Request for Proposals issued. 3. Subsequent to the closing of proposals, the Purchasing Agent and Project Manager shall review the proposals received and verify whether each proposal appears to be minimally responsive to the requirements of the published RFP. Meetings shall be open to the public and the Purchasing Agent shall publicly post prior notice of such meeting in the lobby of the Purchasing Building at least one (1) day in advance of all such meetings. 4. The committee members shall review each Proposal individually and score each proposal based on the evaluation criteria stated herein. 5. Prior to the first meeting of the selection committee, the Purchasing Agent will post a notice announcing the date, time and place of the first committee meeting. Said notice shall be posted in the lobby of the Purchasing Building not less than three (3) working days prior to the meeting. The Purchasing Agent shall also post prior notice of all subsequent committee meetings and shall endeavor to post such notices at least one (1) day in advance of all subsequent meetings. 6. The committee will compile individual rankings, based on the evaluation criteria as stated herein, for each proposal to determine committee recommendations. The committee may at their discretion, schedule presentations or demonstrations from the top - ranked firm(s), make site visits, and obtain guidance from third party subject matter experts. The final recommendation will be decided based on review of scores and consensus of committee. The County and /or PBSD reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, and /or amendments as it may deem appropriate. NON -CCNA (Revision 712008) 17 January 8, 2013 Pelican Bay Services Division Board Regular Session 10a. Chairman's Report - Administrator's contract and RFP from February 2009 Page 18 of 34 Receipt of a proposal by the County or a submission of a proposal to the County offers no rights upon the Proposer nor obligates the County in any manner. Acceptance of the proposal does not guarantee issuance of any other governmental approvals. Proposals which include provisions requiring the granting of zoning variances shall not be considered. F) Ambiguity, Conflict, or Other Errors in the RFP If a Proposer discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, Proposer shall immediately notify the Purchasing Agent, noted herein, of such error in writing and request modification or clarification of the document. The Purchasing Agent will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the Purchasing Department. The Proposer is responsible for clarifying any ambiguity, conflict, discrepancy, omission, or other error in the RFP prior to submitting the proposal or it shall be waived. G) Proposal, Presentation, and Protest Costs The County will not be liable in any way for any costs incurred by any proposer in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and /or participation in any discussions, negotiations, or, if applicable, any protest procedures. H) Acceptance or Rejection of Proposals The right is reserved by the County to waive any irregularities in any proposal, to reject any or all proposals, to re- solicit for proposals, if desired, and upon recommendation and justification by Collier County to accept the proposal which in the judgment of the County is deemed the most advantageous for the public and the County of Collier. Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection. In the event of default of the successful proposer, or their refusal to enter into the Collier County contract, the County reserves the right to accept the proposal of any other proposer or to re- advertise using the same or revised documentation, at its sole discretion. 1) Requests for Clarification of Proposals Requests by the Purchasing Agent to a proposer(s) for clarification of proposal(s) shall be in writing. Proposer's failure to respond to request for clarification may deem proposer to be non - responsive, and may be just cause to reject its proposal. NON -CCNA (Revision 7/2008) 18 January 8, 2013 Pelican Bay Services Division Board Regular Session 10a. Chairman's Report - Administrators contract and RFP from February 2009 Page 19 of 34 J) Validity of Proposals No proposal can be withdrawn after it is filed unless the Proposer makes their request in writing to the County prior to the time set for the closing of Proposals. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process. K) Response Format The proposal shall be deemed an offer to provide services to Collier County. In submitting a proposal, the Proposer declares that he /she understands and agrees to abide by all specifications, provisions, terms and conditions of same, and all ordinances and policies of Collier County. The Proposer agrees that if the contract is awarded to him /her, he /she will perform the work in accordance with the provisions, terms and conditions of the contract. To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the guidelines set forth in this RFP. Any portions of the proposal that do not comply with these guidelines must be so noted and explained the Acceptance of Conditions section of the proposal. However, any proposal that contains such variances may be considered non- responsive. Proposals should be prepared simply and economically, providing a straightforward concise description of the Proposer's approach and ability to meet the County's needs, as stated in the RFP. All copies of the proposal should be bound and tabbed, preferably in a three (3) ring binder for uniformity and ease of handling. The utilization of recycled paper for proposal submission is strongly encouraged. The items listed below shall be submitted with each proposal and should be submitted in the order shown. Each section should be clearly labeled, with pages numbered and separated by tabs. Failure by a proposer to include all listed items may result in the rejection of its proposal. (These tabs are samples, and may be modified to meet the solicitation] 1) Tab I, Management Summary Provide a cover letter, signed by an authorized underlying philosophy of the firm in providing the name(s), telephone number(s) and email(s) of concerning proposal. Submission of a signed Prol the Proposer will accept any awards made to him terms contained therein. officer of the firm, indicating the services stated herein. Include the the authorized contact person(s) iosal is Proposer's certification that s a result of said submission of the NON -CCNA (Revision 7/2008) 19 January 8, 2013 Pelican Bay Services Division Board Regular Session 10a. Chairman's Report - Administrators contract and RFP from February 2009 Page 20 of 34 2) Tab II, Business Plan • Description of the proposed contract team and the role to be played by each member of the proposed team. • Detailed plan of approach (including major tasks and sub - tasks). • Detailed time line for completion of the project. • Include with the Business Plan or as an attachment, a copy of a report as an example of work product. This should be for one of the projects listed as a reference. 3) Tab III, Cost of Services Provide the guaranteed maximum total cost and estimated calendar day duration (including projected hours) for which your firm will provide the work described in this RFP. 4) Tab IV, Corporate Experience and Capaci Provide information that documents your firm and subcontractors' qualifications to produce the required outcomes, including its ability, capacity, skill, and financial strength, and number of years of experience in providing the required services. Also describe the various team members' successful experience in working with one another on previous projects. 5) Tab V. Specialized Expertise of Team Members Attach resumes of all managers, supervisors, and other contract team members who will be involved in the management of the total package of services, as well as the delivery of specific services. The same should be done for any sub- consultants. If sub - consultants are being utilized, letters of intent from stated sub - consultants must be included with proposal submission. 6) Tab VI, Customer Listing (References) Provide a listing of all previous customers during the past three years for all work of similar size and scope. The services provided to these clients should have characteristics as similar as possible to those requested in this RFP. Information provided for each client shall include the following: • Client name, address and current telephone number. • Description of services provided. • Time period of the project or contract. • Client's contact reference name, email and current telephone number. Failure to provide complete and accurate client information, as specified here, may result in the disqualification of your proposal. NON -CCNA (Revision 7/2008) 20 January 8, 2013 Pelican Bay Services Division Board Regular Session 10a. Chairman's Report - Administrators contract and RFP from February 2009 Page 21 of 34 The County reserves the right to contact any and all references to obtain, with limitation, ratings for the following performance indicators include: [These were taken from the standard questions form] • On a scale of 1 -10, with 1 being very dissatisfied and ten exceeding your every expectation, how satisfied were you with the firm's performance? • What specifically did you like about their approach? • What do you believe were shortcomings or that they could have done better? • Did they meet your schedule requirements? • How were their communications? Were you always kept in the loop? • How responsive were they in addressing problems with the project? • How was the quality /experience /personality of their personnel? (Specifically the project manager?) • Would you use this firm again? • Additional comments A uniform sample of references will be checked for each Proposer. Proposers will be scored on a scale of 1 to 10, with 10 being the highest possible score. This score will also be used in determining the score to be given to the "past performance" evaluation factor for each proposal. 7) Tab VII, Acceptance of Conditions Indicate any exceptions to the general terms and conditions of the RFP, and to insurance requirements or any other requirements Fisted in the RFP. If no exceptions are indicated in this tabbed section, it will be understood that no exceptions to these documents will be considered after the award, or if applicable, during negotiations. Exceptions taken by a proposer may result in evaluation point deduction(s) and /or exclusion of proposal for Selection Committee consideration, depending on the extent of the exception(s). Such determination shall be at the sole discretion of the County and Selection Committee. 8) Tab VIII, Required Form Submittals Proposer Check List Conflict Of Interest Affidavit Proposers Qualification Form Declaration Statement Affidavit Claiming Status as a Local Business Insurance Requirements NON -CCNA (Revision 7/2008) 21 January 8, 2013 Pelican Bay Services Division Board Regular Session 10a. Chairman's Report - Administrator's contract and RFP from February 2009 Page 22 of 34 L) Proposal Selection Committee and Evaluation Factors As previously stated, the County Manager shall appoint a Selection Committee to review all proposals submitted. The factors to be considered in the evaluation of proposal responses are listed below. While the County believes all these items to be of importance, they are ranked and points applied in descending order of importance. Tab I, Management Summary 10 Tab II Business Plan 15 Tab III, Cost of Services 20 Tab IV, Corporate Experience and Capacity 15 Tab V. Specialized Expertise of Team Members 15 Tab VI, Customer Listing (References 15 Local Business Preference 10 Total Points 100 Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the firm with the lowest volume of work on Collier County projects within the last five (5) years will receive the higher individual ranking. This information will be based on information provided by the Proposer, subject to verification at the County's option. If there is a multiple firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall receive the higher ranking, the firm with the next lowest volume of work shall receive the next highest ranking and so on. NON -CCNA (Revision 712008) 22 January 8, 2013 Pelican Bay Services Division Board Regular Session 10a. Chairman's Report - Administrator's contract and RFP from February 2009 Page 23 of 34 ATTACHMENTS THIS SHEET MUST BE SIGNED BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department PROPOSER CHECK LIST IMPORTANT: Please read carefully, sign in the spaces indicated and return with your Proposal. Proposer should check off each of the following items as the necessary action is completed: ❑ The Proposal has been signed. ❑ All information as requested in the Proposer's Qualification Form is included. ❑ All applicable forms have been signed and included ❑ Any addenda have been signed and included. ❑ The mailing envelope has been addressed to: Collier County Board of County Commissioners Purchasing Department, Building "G" 3301 Tamiami Trail, East Naples, Florida 34112 Attn: Jack Curran, Purchasing Agent ❑ The mailing envelope must be sealed and marked with Proposal Number, Proposal Title and Due Date. ❑ The Proposal will be mailed or delivered in time to be received no later than the specified due date and time. (Otherwise Proposal cannot be considered.) ALL COURIER- DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET Company Name Signature and Title Date Email NON -CCNA (Revision 7/2008) 23 January 8, 2013 Pelican Bay Services Division Board Regular Session 10a. Chairman's Report - Administrator's contract and RFP from February 2009 Page 24 of 34 CONFLICT OF INTEREST AFFIDAVIT By the signature below, the firm (employees, officers and /or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work; and bear on whether the firm (employees, officers and /or agents) has a possible conflict have been fully disclosed. Additionally, the firm (employees, officers and /or agents) agrees to immediately notify in writing the Purchasing /General Services Director, or designee, if any actual or potential conflict of interest arises during the contract and /or project duration. Firm Signature Date Name Printed Title of Person Signing Affidavit State of ) County of ) SUBSCRIBED AND SWORN to before me this day of , 20 , by , who is personally known to me to be the for the Firm, OR who produced the following identification: Notary Public My Commission Expires: NON -CCNA (Revision 712008) 24 January 8, 2013 Pelican Bay Services Division Board Regular Session 10a. Chairman's Report - Administrators contract and RFP from February 2009 Page 25 of 34 PROPOSERS QUALIFICATION FORM LIST MAJOR WORK PRESENTLY UNDER CONTRACT: % Completed Project Contract Amount LIST CURRENT PROJECTS ON WHICH FIRM SUBMITTING IS THE CANDIDATE FOR AWARD: OTHER INFORMATION ABOUT PROJECTS: Have you, at any time, failed to complete a project? ❑ Yes ❑ No STATEMENT OF LITIGATION: Are there any judgments, claims or suits pending or outstanding y or against you? ❑ Yes ❑ No If the answer to either question is yes, submit details on separate sheet. List all lawsuits that have been fled by or against your firm in the last five (5) years: FEES: List total fees for work done on all Collier County Government projects in the past five (5) years, whether as an individual firm or as part of a joint venture. Fees must be listed individually by contract or project and then summarized as a total dollar amount. Attach additional page if necessary. Total Fees for work done on all Collier County projects NON -CCNA (Revision 7/2008) 25 January 8, 2013 Pelican Bay Services Division Board Regular Session 10a. Chairman's Report - Administrator's contract and RFP from February 2009 Page 26 of 34 REFERENCES: Bank(s) Maintaining Account(s): Surety /Underwriter: (if required) Other References: (Use additional sheets if necessary) TYPE OF FIRM: ❑ Corporation/Years in Business: If firm is a corporation, please list state in which it is incorporated: If firm is a corporation, by signing this form, Proposer certifies that the firm is authorized to do business in the State of Florida. ❑ Partnership/Years in Business: ❑ Sole Proprietorship/Years in Business: ❑ Other: Please list: Pursuant to information for prospective Proposers for the above - mentioned proposed project, the undersigned is submitting the information as required with the understanding that it is only to assist in determining the qualifications of the organization to perform the type and magnitude of work intended, and further, guarantee the truth and accuracy of all statements herein made. We will accept your determination of qualifications without prejudice. Name of Organization: By: Title: Attested By: Title: Date: NON -CCNA (Revision 7/2008) 26 January 8, 2013 Pelican Bay Services Division Board Regular Session 1 Oa. Chairman's Report - Administrators contract and RFP from February 2009 Page 27 of 34 DECLARATION STATEMENT BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: RFP NO. 09-5174 "Management Services for Pelican Bay Services Division" Dear Commissioners: The undersigned, as Proposer (herein used in the masculine, singular, irrespective of actual gender and number) declares that he is the only person interested in this proposal or in the contract to which this proposal pertains, and that this proposal is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Proposer further declares that he has complied in every respect with all the Instructions to Proposers issued prior to the opening of proposals, and that he has satisfied himself fully relative to all matters and conditions with respect to the general condition of the contract to which the proposal pertains. The Proposer puts forth and agrees, if this proposal is accepted, to execute an appropriate Collier County document for the purpose of establishing a formal contractual relationship between him, and Collier County, for the performance of all requirements to which the proposal pertains. The Proposer states that the proposal is based upon the proposal documents listed by RFP # 09 -5174. (Proposal Continued on Next Page) NON -CCNA (Revision 7/2008) 27 January 8, 2013 Pelican Bay Services Division Board Regular Session 10a. Chairman's Report - Administrator's contract and RFP from February 2009 Page 28 of 34 PROPOSAL CONTINUED IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of , 200_ in the County of , in the State of Firm's Complete Legal Name (Address) (City, State, ZIP) Phone No: Fax No. By: Typed and Written Signature Title Check one of the following: ❑ Sole Proprietorship ❑ Corporation or P.A. State of ❑ Limited Partnership ❑ General Partnership ADDITIONAL CONTACT INFORMATION Send Payments To: (REQUIRED ONLY if different from above) (Company Name used as Payee) Contact Name: Title: (Address) (City, State, ZIP) Phone No: _ Fax No: Email address: Office Servicing Collier County Account /Place Orders /Request Supplies (REQUIRED ONLY if different from above) Contact Name Phone No: Title (Address) (City, State, ZIP) Fax No: Email Address: NON -CCNA (Revision 7/2008) 28 January 8, 2013 Pelican Bay Services Division Board Regular Session 10a. Chairman's Report - Administrator's contract and RFP from February 2009 Page 29 of 34 Co*cer County AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS ITB /RFP /RFQ #:09 -5174 (Check Appropriate Boxes Below) STATE OF FLORIDA And ❑ COLLIER COUNTY ❑ LEE COUNTY PROPOSER /BIDDER /QUOTER AFFIRMS THAT IT IS A LOCAL BUSINESS AS DEFINED BY THE PURCHASING POLICY OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE REGULATIONS THERETO. AS DEFINED IN SECTION XI OF THE COLLIER COUNTY PURCHASING POLICY; A "local business" is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well -being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. Please provide the following information for the Proposer /Bidder /Quoter: Year Business Established in ❑Collier County or ❑ Lee County: Number of Employees (Including Owner(s) or Corporate Officers): Number of Employees Living in ❑ Collier County or ❑ Lee (Including Owner(s) or Corporate Officers): NON -CCNA (Revision 7/2008) 29 January 8, 2013 Pelican Bay Services Division Board Regular Session 10a. Chairman's Report - Administrator's contract and RFP from February 2009 Page 30 of 34 If requested by the County, proposer/bidder /quoter will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in proposer/bidder /quoter's submission being deemed not applicable. Proposer /Bidder / Quoter Name Signature Title STATE OF FLORIDA ❑ COLLIER COUNTY ❑ LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this Day of , 20 Notary Public My Commission Expires: (AFFIX OFFICIAL SEAL) NON -CCNA (Revision 7/2008) 30 January 8, 2013 Pelican Bay Services Division Board Regular Session 10a. Chairman's Report - Administrator's contract and RFP from February 2009 Page 31 of 34 • INSURANCE REQUIREMENTS o CONTRACTOR shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida. As described in the attached Contract Insurance Requirements form. o The COUNTY shall procure and maintain property insurance upon the entire Project, if required, to the full insurable value of the Project. The property insurance obtained by COUNTY shall, at a minimum, insure against the perils of fire and extended coverage, theft, vandalism, malicious mischief, collapse, flood, earthquake, debris removal and other perils or causes of loss as called for in the Contract Documents o COUNTY and CONTRACTOR waive against each other and County's separate Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. CONTRACTOR and COUNTY shall, where appropriate, require similar waivers of subrogation from County's separate Contractors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. o The COUNTY shall be responsible for purchasing and maintaining, its own liability insurance. o CONTRACTOR shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in this Article 3, and certificates attached as Exhibit B to this Agreement. Certificates must identify the specific Project name, as well as the site location and address (if any). o The General Liability Policy provided by CONTRACTOR to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of CONTRACTOR under this Agreement and shall contain a severability of interest's provisions. o Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE- -The "Certificate Holder" should read as follows: ■ Collier County ■ Board of County Commissioners ■ Naples, Florida o The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office NON -CCNA (Revision 7/2008) 31 January 8, 2013 Pelican Bay Services Division Board Regular Session 10a. Chairman's Report - Administrator's contract and RFP from February 2009 Page 32 of 34 (ISO) forms and endorsements or their equivalents. If CONTRACTOR has any self- insured retentions or deductibles under any of the below listed minimum required coverages, CONTRACTOR must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self- insured retentions or deductibles will be Contractor's sole responsibility. o Coverage's shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the Project by the COUNTY or as specified in this Agreement, whichever is longer. o The CONTRACTOR and /or its insurance carrier shall provide 30 days written notice to the COUNTY of policy cancellation or non - renewal on the part of the insurance carrier or the CONTRACTOR. CONTRACTOR shall also notify COUNTY, in a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverages or limits received by CONTRACTOR from its insurer and nothing contained herein shall relieve CONTRACTOR of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONTRACTOR hereunder, CONTRACTOR shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. o Should at any time the CONTRACTOR not maintain the insurance coverage's required herein, the COUNTY may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage's and charge the CONTRACTOR for such coverage's purchased. If CONTRACTOR fails to reimburse COUNTY for such costs within thirty (30) days after demand, COUNTY has the right to offset these costs from any amount due CONTRACTOR under this Agreement or any other agreement between COUNTY and CONTRACTOR. The COUNTY shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage's purchased or the insurance company or companies used. The decision of the COUNTY to purchase such insurance coverage's shall in no way be construed to be a waiver of any of its rights under the Contract Documents. o If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the CONTRACTOR shall furnish to the COUNTY, renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after to the date of their expiration. Failure of the CONTRACTOR to provide the COUNTY with such renewal certificate(s) shall be considered justification for the COUNTY to terminate the Agreement. NON -CCNA (Revision 7/2008) 32 January 8, 2013 Pelican Bay Services Division Board Regular Session 10a. Chairman's Report - Administrators contract and RFP from February 2009 Page 33 of 34 COLLIER COUNTY GOVERNMENT CO {l1eY County CONTRACT INSURANCE REQUIREMENTS NON -CCNA (Revision 7/2008) 33 TYPE LIMITS Check X Workers' Compensation Statutory Limits of Florida Statutes 440 and Federal Government Statutory Limits and Requirements x Employer's Liability x $500,000 1 $1,000,000 X Commercial General Liability $500,000 per occurrence $1,000,000 per occurrence (Occurrence Form) patterned bodily injury and property X bodily injury and property after the current ISO form. damage damage Airport Liability Insurance $500,000 per occurrence $1,000,000 per occurrence bodily injury and property bodily injury and property dama e damage Han arkee ers Liability $500,000 per aircraft $1,000,000 per aircraft Aircraft Liability Insurance $500,000 per occurrence $1,000,000 per occurrence bodily injury and property bodily injury and property damage damage Business Automobile $500,000 per occurrence $1,000,000 per occurrence X Insurance bodily injury and property X bodily injury and property damage damage Pollution Liability Insurance $500,000 per occurrence $1,000,000 per occurrence bodily injury and property bodily injury and property damage I damage Builders Risk Insurance COUNTY Will Purchase-Replacement Cost- All Risks of Loss 1-4 1 INDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor /Vendor /Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor /Vendor /Consultant or anyone employed or utilized by the Contractor /Vendor /Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE - -The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida No County Division, Department, or individual name should appear on the Certificate. No other format will be acce table. Thirty (30) Days Cancellation Notice required on Agreements. The contract name and number shall be included on the certificate of insurance. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability and /or Airport Liability where required. NON -CCNA (Revision 7/2008) 33 January 8, 2013 Pelican Bay Services Division Board Regular Session 10a. Chairman's Report - Administrators contract and RFP from February 2009 Page 34 of 34 PROPOSER'S AND INSURANCE AGENT'S STATEMENT: We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of RFP. Proposer Insurance Agency Signature of Proposer Signature of Proposer's Agent NON -CCNA (Revision 7/2008) 34