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#14-6246 (VIBE Engineering, Inc.) AGREEMENT 14-6246 for "Network Study and Analysis" THIS AGREEMENT, made and entered into on this -7411 day of jn v,, 0,,,/ 2015, by and between VIBEngineering, Inc., authorized to do business in the State of Florida, whose business address is 4350 West Cypress Street, Suite 225, Tampa, Florida 33607, the "Consultant") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. SERVICES. The County has selected the Consultant in accordance with the provisions of Section 287.055, Florida Statutes (Consultant's Competitive Negotiation Act), to provide professional "Network Study and Analysis" services ("Project") as described in Exhibit A "Scope of Services", which is attached hereto and incorporated herein. 2. COMMENCEMENT. The Consultant shall commence the work upon issuance of a Purchase Order for all or any designated portion of the Project, which shall be performed and completed in accordance with the Project Milestone Schedule, attached hereto as Exhibit E. Time is of the essence with respect to the performance of this Agreement and subsequent Purchase Order(s) issued hereunder. 3. CONTRACT TERM. The contract shall be for one (1) year commencing upon the issuance of a Purchase Order and terminating one (1) from that date, or until such time as all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed or terminated by the County. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Consultant written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 4. STATEMENT OF WORK. The Consultant shall provide "Network Study and Analysis" and related Consulting Services as provided in Exhibit A, "Scope of Services", which is hereby incorporated by reference, in accordance with the terms and conditions of this Agreement, Exhibit B "RFP #14-6246" and the 1 Consultant's proposal referred to herein and made an integral part of this agreement. The Consultant has submitted a proposal for provision of those services and represents that it has expertise in the type of professional services that will be required. 4.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County Purchasing Ordinance and Purchasing Procedures in effect at the time such services are authorized. 4.2 It is mutually understood and agreed that the nature, amount and frequency of the Services shall be determined solely by the County and that the County does not represent or guarantee unto the Consultant that any specific amount of Services will be requested or required of the Consultant pursuant to this Agreement. 5. COMPENSATION. The County shall pay the Consultant for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by the County Project Manager or designee, pursuant to the fees set forth in Exhibit C, "Basis of Compensation" attached hereto. Payments shall be made to the Consultant when requested as work progresses, but not more frequently than once per month. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218 Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 5.1 Invoices may be submitted by the Consultant on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 6. SALES TAX. The Consultant 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. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C-2. 7. 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: 2 G�' VIBEngineering, Inc. 4350 West Cypress Street, Suite 225 Tampa, Florida 33607 Phone: 813-872-7670 Attn: Jay HL Calhoun, P.E. Principal Email:jcalhoun @VIBEngineering.com All Notices from the Consultant to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Procurement Services Department 3327 Tamiami Trail, East Naples, Florida 34112 Attention:Joanne Markiewicz Director of Procurement Services Telephone: 239-252-8407 Facsimile: 239-252-6480 The Consultant and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 8. NO PARTNERSHIP. Nothing herein contained 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. 9. PERMITS: LICENSES: TAXES. The Consultant agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional Services to be provided and performed by the Consultant pursuant to this Agreement. 9.1 The Consultant agrees that, when the Services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such Services, it shall employ and/or retain only qualified personnel to provide such Services to the County. 9.2 In compliance with Section 218.80, F.S., all professional and business permits necessary for the prosecution of the Work shall be obtained by the Consultant. The Consultant shall not be responsible for project specific permits 3 GP although the Consultant shall provide assistance to the County in applying for such permits to the extent specified in the Statement of Work. 9.3 Payment for all such permits issued by the County shall be processed internally by the County. All non-County professional and business permits necessary for the prosecution of the Work shall be procured and paid for by the Consultant. The Consultant 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. 10. NO IMPROPER USE. The Consultant will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities 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 any 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 improper, the County shall have the right to suspend the contract of the Consultant. Should the Consultant fail to correct any such violation, conduct, or practice to the satisfaction 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 Consultant further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 11.TERMINATION. Should the Consultant be found to have fail to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause upon seven (7) days written notice to Consultant and failure of the Consultant to cure the default during the seven (7) day period; 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 exercised in good faith. In the event that the County terminates this Agreement, Consultant's recovery against the County shall be limited to that portion of the Contract Amount earned through the date of termination. The Consultant shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 4 GP 12.NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 13. INSURANCE. The Consultant shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Consultants; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall 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-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. D. Professional Liability: Shall be maintained by the Consultant to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. The Consultant waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than$1,000,000 each claim and in the aggregate. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by the Consultant during the duration of this Agreement. The Consultant shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: ten (10) days prior written notice, or in accordance with policy provisions. The Consultant shall also notify County, in a like manner, within three (3) business days after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by the Consultant from its insurer, and nothing contained herein shall relieve the Consultant of this requirement to provide notice. The Consultant shall ensure that all sub-consultants comply with the same insurance requirements that he is required to meet. 5 14. INDEMNIFICATION. To the maximum extent permitted by Florida law, the 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, whether resulting from any claimed breach of this Agreement by Consultant, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant or anyone employed or utilized by the 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. 15. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Traffic Operations Department. 16. CONFLICT OF INTEREST. The Consultant represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. The Consultant further represents that no persons having any such interest shall be employed to perform those services. 16.1. The Consultant agrees not to divulge, furnish or make available to any third person, firm or organization, without the County's prior written consent, or unless incident to the proper performance of the Consultant's obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the Services to be rendered by Consultant hereunder, and Consultant shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. Consultant shall provide the County prompt written notice of any such subpoenas. 17. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the following component parts, all of which are as fully a part of the contract as if herein set out verbatim: Consultant's Proposal, Insurance Certificate(s), Exhibit A "Scope of Services," Exhibit B "RFP #14-6246," Exhibit C "Basis of Compensation," Exhibit D "Truth In Negotiation Certificate," Exhibit E "Project Schedule," Exhibit F "Key Personnel, Subconsultants and Subcontractors," Exhibit G "Grant Documents" and subsequent Purchase Order(s). 6 c7,0 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 19. 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, Collier County Ethics Ordinance No. 2004-05, as amended, 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. 20. COMPLIANCE WITH LAWS. Consultant agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with 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; taxation, workers' compensation, equal employment and safety and the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(d) and (3))). If Consultant observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. By executing and entering into this agreement, the Consultant is formally acknowledging 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 of this agreement and the County shall have the discretion to unilaterally terminate this agreement in accordance with Section 11. 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 22. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. The parties further agree that any portion of this Agreement which is held void, invalid, or otherwise 7 0 unenforceable, in whole or in part, shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law. 23. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract in compliance with the Purchasing Ordinance and Purchasing Procedures. 24. 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 disputes by negotiation. The negotiation shall be attended by representatives of Consultant with full decision-making authority and by County's 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 person who would make the presentation of any settlement reached at mediation to County'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 section 44.102, Fla. Stat. 25. VENUE. Any suit or action brought by either party 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. 26. KEY PERSONNEL/PROTECT STAFFING. The Consultant's personnel and management to be utilized for this Project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the contract. Attached as Exhibit F is a listing of all key personnel Consultant intends to assign to the Project to perform the Services required hereunder. Such personnel shall be committed to this Project in accordance with the percentages noted in Exhibit F. Consultant also has identified each subconsultant and subcontractor it intends to utilize on the Project in Exhibit F. The Consultant shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/or experience and; (2) the County is notified in writing as far in advance as possible. The Consultant shall make commercially reasonable efforts to notify Collier County within seven (7) days 8 G�` of the change. The County retains final approval of proposed replacement personnel. 27. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Request for Proposal (RFP), Consultant's Proposal, and/or the County's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at County's discretion. 28. ASSIGNMENT. The Consultant shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Consultant does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Consultant all of the obligations and responsibilities that Consultant has assumed toward the County. 29. VENDOR PERFORMANCE EVALUATION. The County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. The Consultant will be evaluated on its performance upon completion/termination of this Agreement. 30. DRUG-FREE WORK PLACE. The Consultant certifies that it has implemented a drug-free workplace program and will continue to enforce such program for the duration of this agreement. In order to have a drug-free workplace program, the Consultant shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specified in Paragraph 1. 4. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the commodities or contractual services that are 9 c under proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contender to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of Paragraphs 1 thru 5. 31. TRUTH IN NEGOTIATION. The Consultant warrants that Consultant has not employed or retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement and that Consultant has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement or any subsequent Purchase Order(s). 31.1 In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the Consultant agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Exhibit D, certifying that wage rates and other factual unit costs supporting the compensation for Consultant's services to be provided under this Agreement and each subsequent Purchase Order(s) issued hereafter, if any, are accurate, complete and current at the time of the Agreement or such subsequent Purchase Order. The Consultant agrees that the original price as set forth in each subsequent issued Purchase Order(s), if any, and any additions thereto shall be adjusted to exclude any significant sums by which the County determines the price as set forth in the Purchase Order(s) was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of the subject Purchase Order(s). 32. SECURING AGREEMENT/PUBLIC ENTITY CRIMES. The Consultant warrants that Consultant has not employed or retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement and that Consultant has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. At the time this Agreement is executed, Consultant shall sign and deliver to the County the Truth-In-Negotiation Certificate identified in Paragraph 31 and attached hereto and made a part hereof as Exhibit D. Consultant's compensation as set forth in each subsequently issued 10 p,0 t Purchase Order(s), if any, shall be adjusted to exclude any sums by which the County determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 32.1 By its execution of this Agreement, the Consultant acknowledges that it has been informed by the County of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "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." ***********************Remainder of page intentionally left blank********************* 11 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 and year first above written. ATTEST: BOARD OF COUNTYCOMMISSIONERS Dwight E. Brock, Clerk of Cour COLLIERR COUNTY, FLORIDA -- 411. !Ll► By . NahCe- , Chairman Dated k I I�— i �' t 4 LO Chairman's VIBEngineering, Inc. re Only. Consultant 024,4NA") By: ( f _ Firs0WiOess Signature Joy t1LQ.AL. t4 SOliCA 1 . Cal 40 UL PrcS lc c r\l- TType/print witness nameT TType/print signature and title 14 Cpl Second Witness Man C8 el\-c4r)rd. TType/print witness name?' Approved as to Form and Legality: Assista w County Attorney levti l� 12 . Pep(171 Print Name 12 Client#: 1056053 VIBENINC ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)1/05/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: USI Insurance Services, LLC, PHONE 813 321-7500 FAX 813 321-7525 1715 N.Westshore Blvd.Suite 700 (MAILo'Ext): (A/C,Nc): ADDRESS: Tampa,FL 33607 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Travelers Indemnity Company 25658 INSURED INSURER B:Travelers Casualty and Surety C 19038 VIBEngineering, Inc. INSURER C:XL Specialty Insurance Company 37885 4350 W.Cypress Street Suite 225 INSURER D:Phoenix Insurance Company 25623 Tampa, FL 33607 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS (MOLIC/YEFF (MOLIC/YEXP A GENERAL LIABILITY X X 6603D219452 06/07/2014 06/07/2015 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES TO occurrence) $1,000,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $10 000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY PRO- JECT _ $ JECT D AUTOMOBILE LIABILITY BA3E228597 02/19/2014 02/19/2015 (E°aBINEDtSINGLE LIMIT $ ANY AUTO BODILY INJURY(Per person) $1,000,000 ALL OWNED SCHEDULED BODILY INJURY(Per accident) $1,000,000 AUTOS ON-OWNED PROPERTY DAMAGE N $ X HIRED AUTOS X AUTOS (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ B WORKERS COMPENSATION UB4105T1761 06/26/2014 06/26/2015 X TO Y LBSNT 24"- AND EMPLOYERS'LIABILITY TORY LIMITS ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? Y N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C Professional DPS9716479 06/07/2014 06/07/2015 $1,000,000 per claim Liability $1,000,000 annl aggr. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) Professional Liability coverage is written on a claims-made basis. Re:Contract#14-6246"Network Study and Analysis". The General Liability policy(s)includes an automatic Additional Insured endorsement that provides Additional Insured status to the Certificate holder,only when there is a written contract or written agreement between the named insured and the certificate holder that requires such status.Thirty(30)days (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Collier County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3327 Tamiami Trail East ACCORDANCE WITH THE POLICY PROVISIONS. NAPLES, FL 34112-4901 AUTHORIZED REPRESENTATIVE i 043L)" -1't. O - Wa ,fit• ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 2 The ACORD name and logo are registered marks of ACORD #S14094697/M12667727 JMBEW DESCRIPTIONS (Continued from Page 1) prior written notice of cancellation or material change except 10 days for non payment of premium applies to all policies except Worker's Compensation,therein notice is delivered in accordance with policy provisions. SAGITTA 25.3(2010/05) 2 of 2 #S14094697/M12667727 EXHIBIT A "Scope of Services" Contract Overview The Consultant will provide consultant services to implement a Network Study and Analysis of the Collier County Traffic Operations (CCTO) networks infrastructure. The Consultant will consolidate all information generated from the networks study and analysis project and present it to the CCTO staff in a comprehensive final report. The final report will be formatted as a system engineering management plan (SEMP) according to Florida Department of Transportation (FDOT) standards. This information will be used as a long term strategic tool for future development of the Collier County Traffic Operations networks infrastructure. Detailed Scope of Work The Consultant shall provide the following services: Task A System Engineering Management Plan (SEMP): The Consultant will develop a comprehensive SEMP, including a Requirements Traceability Verification Matrix (RTVM), to allow for accurate confirmation that all aspects of this initiative are fully met and that all risks are mitigated. The Consultant will maintaining the standards of the FDOT traffic networks architecture and integrating to the Collier County Information Technology standards where available without compromising the State's requirements. The Management Plan will cover the following key areas: i. Standardization of the Collier County Traffic Networks. ii. Update and implementation of modern networks security standards: a. Security Firewalls b. Implement an Intrusion Detection System (IDS)/ Intrusion Prevention System c. Implement Virtual Private Networks for a minimum of twenty-five (25) users. iii. Automation and Remote Management: a. Mobile Solutions: 1. Bring your own device (BYOD) technologies for a minimum of twenty-five (25) users. b. Cloud Services: 1. Security Management and Monitoring. iv. Networks Management requirements: a. Creation and implementation of a Domain. 1. Implement Active Directory (AD) with Single Sign On(SSO); b. Creation and implementation of a web server for video broadcasting. v. Non proprietary Networks Monitoring Tool: a.Equipment using either Internet Protocol (IP) or Simple Networks Management Protocol(SNMP); A-1 • vi. Design a virtual environment using current technology to replace older physical servers. a.This system will be designed on either a VMware or a Citrix environment for server and desktop. 1. All hardware requirements. a. A unified computing system (UCS) is preferred. b. Include a Storage Area Networks (SAN) and Automated Backup System for the SAN. 2. All Software licensing. a. Virtual Desktop Interfaces for twenty-five (25) users minimum. The Consultant will deliver a fully documented System Engineering Management Plan (SEMP) based on the FDOT networks engineering criteria and the requirements set forth herein. The County reserves the right to advise and review the SEMP as it is being created and Consultant will present it for review at the following stages: a. Draft review b. Preliminary review c. Final review The final plan will be provided at the end of the project. Task B -Networks Design: The Consultant will review the County's existing networks architecture, perform a bandwidth analysis, and provide solutions that allow for fast, quiescent, and fault tolerant networks operations. Regarding the FDOT State Specification 784-1-1 that calls for Managed Field Ethernet switches and the requirement that all FDOT projects use FDOT approved products, the Consultant will ensure that the managed field Ethernet switches are compatible with Cisco's architecture and consistent across the County. In addition, the Consultant will investigate the FDOT Approved Products List (APL) switches implementations of IGMP, RSTP, and whether or not the switches perform broadcast storm filtering. Task C-Risk Assessment: A Risk Assessment Study will be performed on all IT and ITS equipment, including both software products and hardware products. Items such as software and hardware support, end- of-life of products, and overall age of equipment will be evaluated. The study will identifying the most critical systems, software, and vulnerabilities on the Collier County traffic networks first, including a detailed plan identifying the critical equipment that are a risk to the County and whether the equipment will require replacement or be upgraded. Task D- Multi-Phased Plan: A multi-phased plan will be developed based off solid networks metrics and design doctrine. The Consultant will provide three (3) three separate Visio documents showing: a) The current traffic networks; b) Phases one and two improvements together; and c) Phases one, two, and A-2 three improvements together. i. Phase one will include upgrading and/or replacement of critical infrastructure. ii. Phase two will be comprised of designing and adding core infrastructure systems that include networks monitoring systems and remote management systems. iii. Phase three will focus on the access level networks on the roadways. Upgrading the Managed Ethernet Switches and fiber optic networks connectivity to maintain networks stability. Standardization of Managed Ethernet Switches at the access level networks to improve connectivity and information sharing between, County,State and Local Agencies. iv. Phase four will consist of providing the County recommendations for future projects based on the metrics derived from this networks study and analysis. Task E- Networks Analysis Reporting: The Consultant will utilize multiple strategies for performing networks analysis on the County networks focusing on both the Information Technology and Intelligent Transportation System elements and recommend the Networks Management System to be used by the County. The following items will be monitored by the Consultant and a report will be provided to the County: i. Information based on networks analysis tools to develop a system wide picture of the networks and provide metrics for at least these basic areas: a. Record all Networks Connectivity. b. Perform Networks Traffic analysis. c. Use a Networks Mapping tool. d. Use a Risk Assessment tool. e. Use a Security Analysis tool. In addition the Consultant will provide the following: ii. Provide an update a GIS or Google Map with the networks study and analysis information. iii. Provide engineering cost estimates based on current product pricing and professional services costs for each phase's requirements. a. Phase one critical infrastructure. b. Phase two infrastructure upgrades. c. Phase three Access/Street level upgrades. d. Phase four breakdowns of future projects as suggested. Additional Services: In accordance with the Agreement and/or Purchase Order, in the event that other services may arise during the course of the work, but were not envisioned as part of the original or amended scope of work, the Consultant shall submit a proposal to perform Additional Services prior to the performance of the work. The proposal shall include the specific services to be performed, A-3 CPS time to complete, compensation, and an explanation as to why the services were not previously envisioned as part of the scope of work. The proposed Additional Services must be approved by the Project Manager, or designee, in writing in advance of performance of said Additional Services. Failure to notify the Project Manager, or designee, in writing of Additional Services shall be deemed a waiver of any claim by the selected Consultant that such services were Additional Services. Written authorization from the Project Manager, or designee, will be required for any charges that exceed an existing Purchase Order amount, and the Purchase Order shall be modified to reflect the increase prior to any Additional Services being performed. Alternatively, a separate Purchase Order may be issued for the Additional Services. Ownership of Documents Upon the completion of, or termination of any Purchase Orders issued under this Agreement, the Consultant shall deliver to the County copies or originals of all records, documents, drawings, notes, tracings, plans, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for the Consultant under this Agreement ("Project Documents"). The County shall specify whether the originals or copies of such Project Documents are to be delivered by Consultant. The Consultant shall be solely responsible for all costs associated with delivering to County the Project Documents. The Consultant, at its own expense, may retain copies of the Project Documents for its files and internal use. Notwithstanding anything in this Agreement to the contrary and without requiring County to pay any additional compensation, Consultant hereby grants to County a nonexclusive, irrevocable license in all of the Project Documents for County's use on this Project. Consultant warrants to County that it has full right and authority to grant this license to County. Further, the Consultant consents to County's use of the Project Documents to complete the Project following Consultant's termination for any reason. The Consultant also acknowledges the County may be making Project Documents available for review and information to various third parties and hereby consents to such use by the County. A-4 C�� "EXHIBIT B" "RFP#14-6246" (following this page) B-1 • EXHIBIT B " RFP #14-6246" REQUEST FOR PROPOSALS In accordance with Florida Statute 287.055, Consultants' Competitive Negotiation Act. et, coun t istratwe Sembes Dvision Purchasing COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS GRANT FUNDED CCNA Solicitation 14-6246 Network Study and Analysis LAP 430868-1 -18-01 Millie Kaseeska, Procurement Strategist (239) 252-8935(Telephone) (239) 252-6756(Fax) milliekaseeska @colliergov.net(Email) This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Consultant may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. s k t wart •3327 Tarstaatt Tra,i East.t.taa,es,F rr ja 341 S2-4k t=v+r mtsertiov nee p;srcr ri ng CCNA(Revision 01012014) Table of Contents LEGAL NOTICE 3 EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT 4 EXHIBIT IA: GRANT PROVISIONS AND APPENDIX 1 11 EXHIBIT IB: REQUIRED GRANT FORMS 20 EXHIBIT II: GENERAL RFP INSTRUCTIONS 14 EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS 22 EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP 26 ATTACHMENT 1: CONSULTANT'S NON-RESPONSE STATEMENT 34 ATTACHMENT 2: CONSULTANT CHECK LIST 35 ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT 36 ATTACHMENT 4: CONSULTANT DECLARATION STATEMENT 37 ATTACHMENT 5: IMMIGRATION AFFIDAVIT CERTIFICATION 39 ATTACHMENT 6: CONSULTANT SUBSTITUTE W—9 40 ATTACHMENT 7: INSURANCE AND BONDING REQUIREMENTS 41 ATTACHMENT 8: REFERENCE QUESTIONNAIRE 44 RFP CCNA Template_01012014 RFP_CCNATemplate 2 . C.:4 _ er County Admistratove Services Civtsion Purchaser Legal Notice Pursuant to approval by the County Manager, Sealed Proposals to provide Network Study and Analysis will be received until 2:30 PM, Naples local time, on April 14, 2014 at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. CCNA Solicitation 14-6246 Network Study and Analysis Services to be provided may include, but not be limited to the following: ® A pre-proposal conference will be held on March 28, 2014, 10:00 AM, in Purchasing Department Conference Room A located at the above address. All statements should be made upon the official proposal form which must be obtained only on the Collier County Purchasing Department Online Bidding System 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/ Joanne Markiewicz Director, Procurement Services This Public Notice was posted on the Collier County Purchasing Department website: www.colliergov.net/purchasinq, and in the Lobby of Purchasing Building "G", Collier County Government Center on March 14, 2014. RFP CCNA Template_01012014 RFP_CCNATemplate 3 Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Traffic Operations Department (hereinafter, Department"), the Collier County Board of County Commissioners Purchasing Department (hereinafter, "County") has issued this Request for Proposal (hereinafter, "RFP")with the intent of obtaining proposals from interested and qualified Consultants in accordance with the terms, conditions and specifications stated or attached. The Consultant, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Purchasing Policy. Background The purpose of this Request for Proposal is to obtain competitive proposals from bona fide, qualified proposers who are interested in providing consultant services to implement a Network Study and Analysis of the Collier County Traffic Operations (CCTO) network infrastructure. The Consultant will provide professional services and design criteria based on the information provided in the Scope of Services Section of this Request for Proposal. The consultant will consolidate all information generated from the network study and analysis project and present it to the CCTO staff in a comprehensive final report. The final Report will be formatted as a system engineering management plan (SEMP) according to Florida Department of Transportation (FDOT) standards. This information will be used as a long term strategic tool for future development of the Collier County Traffic Operations network infrastructure. Detailed Scope of Work The selected Consultant should provide: A. A System Engineering Management Plan (SEMP) for the Collier County traffic network system. Maintaining the standards of the FDOT traffic network architecture and integrating to the Collier County Information Technology standards where available without compromising the State's requirements. The SEMP's overall purpose is to create a pathway of a standardized network architecture that will allow the Collier County traffic network and local agencies to integrate with the FDOT traffic network. The Management Plan will cover the following key areas: i. Standardization of the Collier County Traffic Network. ii. Update and implementation of modern network security standards. a. Security Firewalls b. Implement an Intrusion Detection System (IDS)/ Intrusion Prevention System c. Implement Virtual Private Network for a Minimum of 25 users. iii. Automation and Remote Management a. Mobile Solutions 1. Bring your own device (BYOD) technologies for a minimum of 25 users. b. Cloud Services RFP CCNA Template_01012014 RFP_CCNATemplate 4 1. Security Management and Monitoring. iv. Network Management requirements a. Creation and implementation of a Domain. 1. Implement Active Directory (AD) with Single Sign On (SSO) b. Creation and implementation of a web server for video broadcasting. v. Non proprietary Network Monitoring Tool a. Equipment using either Internet Protocol (IP) or Simple Network Management Protocol (SNMP) vi. Design a virtual environment using current technology to replace older physical servers. a. This system will be designed on either a VMware or a Citrix environment for server and desktop. 1. All hardware requirements. a. A unified computing system (UCS) is preferred. b. Include a Storage Area Network (SAN) and Automated Backup System for the SAN 2. All Software licensing. a. Virtual Desktop Interfaces for 25 users minimum. B. Collier County's Information Technology Department is a Cisco network and all network designs must be designed either using a core Cisco architecture, or a Cisco compatible architecture. The County's preference is a Cisco Core network design with a FDOT approved product list(APL) Managed Ethernet Switch equipment on the street level. C. This study should be identifying the most critical systems first. A Risk assessment study should be performed with the intention of targeting the most critical systems, software, and vulnerabilities on the Collier County traffic network. i. All software and networked hardware should be assessed for end of life and replacement or upgrading. D. A multi-phased plan should be developed based off solid network metrics and design doctrine. i. Phase one should include upgrading and replacement of critical infrastructure. ii. Phase two should focus on adding core infrastructure systems that include network monitoring systems and remote management systems. iii. Phase three should focus on the access level network on the roadways. Upgrading the Managed Ethernet Switches and fiber optic network connectivity to maintain network stability. Standardization of Managed Ethernet Switches at the access level network to improve connectivity and information sharing between, County, State and Local Agencies. iv. Phase four will be recommendations for future projects based on the metrics derived from this network study and analysis. E. The selected Consultant will be responsible for delivering: i. Information based on network analysis tools to develop a system wide picture of the network and provide metrics for at least these basic areas: a. Record all Network Connectivity. b. Perform Network Traffic analysis. c. Use a Network Mapping tool. d. Use a Risk Assessment tool. e. Use a Security Analysis tool. ii. A fully documented System Engineering Management Plan (SEMP) based on the FDOT network engineering criteria and the requirements set forth in the Scope of Services in this proposal. CCTO reserves the right to advise and review the SEMP RFP CCNA Template_01012014 RFP_CCNATemplate 5 as it is being created and would like it presented for their review at the following stages: a. 60% review b. 90% review c. 100% review d. The final plan will be provided at the end of the project. iii. Provide a Risk Assessment plan based on the current network software, hardware, and security. With an emphasis on end of life and critical services failure. iv. Provide three separate Visio documents showing: a. The current traffic network. b. Phase one and two improvements together. c. Phase one, two, and three improvements together. v. Update a GIS or Google Map with the network study and analysis information. a. A Google earth layer with the entire physical fiber optic network is available from the CCTO. vi. Provide engineering cost estimates based on current product pricing and professional services costs for each phase's requirements. a. Phase one critical infrastructure. b. Phase two infrastructure upgrades. c. Phase three Access/Street level upgrades. d. Phase four breakdowns of future projects as suggested. Term of Contract The contract term, if an award(s) is/are made is intended to be for current needs only. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. Projected Solicitation 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 Solicitation Notice 03/14/2014 Last Date for Receipt of Written Questions 04/09/2014, 2:30 PM, Naples Local Time Non Mandatory pre-solicitation meeting 03/28/2014, 10:00 Purchasing Department AM, Naples Local 3327 Tamiami Trl East Time Naples Fl 34112 Solicitation Deadline Date and Time 04/14/2014, 2:30 PM, Naples, Local Time Anticipated Evaluation of Submittals April 2014 Anticipated Board of County Commissioner's Approval Date May-June 2014 RFP CCNA Template_01012014 RFP_CCNATemplate 6 C i Response Format The Consultant understands and agrees to abide by all of the RFP specifications, provisions, terms and conditions of same, and all ordinances and policies of Collier County. The Consultant further agrees that if the contract is awarded the work will be performed 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 in 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 Consultant's approach and ability to meet the County's needs, as stated in the RFP. All proposals should be presented as described in the RFP in PDF or Microsoft Word format with Tabs clearly marked. If applicable, the utilization of recycled paper for proposal submission is strongly encouraged. The items listed below are to be submitted with each proposal and submitted in the order shown. Each section should be clearly labeled, with pages numbered and separated by tabs. Failure by a Consultant to include all listed items may result in the rejection of its proposal. 1. Tab I, Cover Letter/ Management Summary In this tab, include: Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein. • Include the name(s), telephone number(s) and email(s) of the authorized contact person(s) concerning proposal. Submission of a signed Proposal is Consultant's certification that the Consultant will accept any awards as a result of this RFP. 2. Tab II, Business Plan (30 Points) In this tab, include: • 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, Experience and Capacity of Firm (30 Points) In this tab, include: RFP CCNA Template_01012014 RFP_CCNATemplate 7 • Provide information that documents Consultant's and subcontractors' qualifications to produce the required deliverables, including abilities, capacity, skill, and financial strength, and number of years of experience in providing the required services. • Provide details of risks that may be associated with the project and how the firm may overcome those risks. • Provide details of unique benefits that the firm offers on this project. • Provide current list of projects in the format identified below: Project Original Final Project Number.f Start Date End Date Budget Cost Change Description Orders 4. Tab IV, Specialized Expertise of Team Members (30 Points) In this tab, include: Description of the proposed contract team and the role to be played by each member of the proposed team. • Describe the various team members' successful experience in working with one another on previous projects. • Attach resumes of all proposed project team members who will be involved in the management of the total package of services, as well as the delivery of specific services. • Attach resumes of any sub-consultants. If sub-consultants are being utilized, letters of intent from stated sub-consultants must be included with proposal submission. 5. Tab V, References—5 Completed and Returned (10 Points) In order for the Consultant to be awarded any points for this tab, the County requests that the Consultant submits five (5) completed reference forms from clients whose projects are of a similar nature to this solicitation as a part of their proposal. The County will only use the methodology calculations for the first five (5) references (only) submitted by the Consultant in their proposal. Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each Consultant's information provided in this area: • The County will total each of the Consultant's five reference questionnaires and create a ranking from highest number of points to lowest number of points. References marked with an N/A(or similar notation will be given the score of zero (0)). Consultants who do not turn in reference forms will be counted as zero (0). • The greatest number of points allowed in this criterion will be awarded to the Consultant who has the highest score. • The next highest Consultant's number of points will be divided by the highest Consultant's points which will then be multiplied by criteria points to determine the RFP CCNA Template_01012014 RFP_CCNATemplate 8 CN Consultant's points awarded. Each subsequent Consultant's point score will be calculated in the same manner. • Points awarded will be extended to the whole number per Microsoft Excel. For illustrative purposes only, see chart for an example of how these points would be distributed among the five proposers. Consultant Name Consultant Total Points Awarded Reference Score Consultant ABC 445 20 Consultant DEF 435 19.6 Consultant GHI 425 19.1 Consultant JKL 385 17.3 Consultant MNO 385 17.3 Consultant PQR 250 11.2 Note:Sample chart reflects a 20 point reference criterion. The points awarded by Consultant will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the Consultant's proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per Consultant. The Selection Committee may, at their sole discretion, contact references, and/or modify the reference points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. 6. Tab VI, Acceptance of Conditions Indicate any exceptions to the general terms and conditions of the RFP, and to insurance requirements or any other requirements listed 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 Consultant 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. 7. Tab VII, Required Form Submittals • Attachment 2: Consultant Checklist • Attachment 3: Conflict of Interest Affidavit • Attachment 4: Consultant Declaration Form' • Attachment 5: Immigration Affidavit and company's E-Verify profile page and memorandum of understanding • Attachment 6: Consultant Substitute W9 • Attachment 7: Insurance Requirements • Attachment 8: Reference Questionnaire • Other: Required Grant Forms RFP CCNA Template_01012014 RFP_CCNATemplate 9 Exhibit IA: Federal Provisions Professional Services FHWA 20.205 FEDERAL LAWS AND REGULATIONS Because this project activity is funded in whole or in part by the Federal Government, or an Agency thereof, Federal Law requires that the Applicant's contracts relating to the project include certain provisions. CIVIL RIGHTS COMPLIANCE The Consultant, in accordance with the Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 200d to 200d-7 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally- assisted programs of the Department of Transportation issued pursuant to such Act, Collier County hereby notifies all consultants that it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, religion, national origin, marital status, sex, age, disability in consideration for an award. Non Discrimination : All contracts shall contain a provision requiring compliance with Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant thereto, which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Recipient receives Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Recipient, this assurance shall obligate the Recipient, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits. 1. Equal Employment Opportunity: The following equal employment opportunity requirements apply to the underlying contract: a. Age: Under the Age Discrimination Act of 1975, as amended (42 U.S.C.: 6101-6107), the Consultant agrees to refrain from discrimination against present and prospective employees on the basis of age. b. Race, Color, Creed, National Origin, Sex: Per Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the regulations issued pursuant thereto, the Consultant agrees to refrain from discrimination against anyone on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of federal or federally assisted construction contracts. The Consultant agrees to take affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer and in such actions as recruitment or recruitment advertising; layoff/termination, rates of pay or other forms of compensation; and election for training and apprenticeship. c. Disabilities: The Consultant agrees that it will comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.), where RFP CCNA Template_01012014 RFP_CCNATemplate 10 C-N* Exhibit IA: Federal Provisions Professional Services FHWA 20.205 applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. OTHER REGULATIONS Access to Documents: Consultant shall exercise best efforts to maintain communication with Applicant's personnel, whose involvement in the project is necessary for successful and timely completion of the work of the project, including but not limited to the closing of specific transactions. Communications between the parties shall be verbal or in writing, as requested by the parties or as dictated by the subject matter to be addressed. During the term of the Agreement and for the ensuing record-retention period, Consultant shall make any or all project records available upon reasonable request, and in any event within two (2) business days if requested, to Collier County, and any other agency of State or Federal government, or the duly authorized representatives of any of the foregoing, that has provided funding or oversight for the project, for the purpose of making audit, examination, excerpts and/or transcriptions. For purposes of this section, "records" means any and all books, documents, papers and records of any type or nature that are directly pertinent. Retention of Documents: Consultant shall maintain all project records for a minimum period of five (5) years from the date of the last voucher. Debarment and Suspension (E.O.s 12549 and 12689): Contract awards that exceed the small purchase threshold and certain other contract awards shall not be made to parties listed on the nonprocurement portion of the General Services Administration's List of parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and Suspension." This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and Consultants declared ineligible under statutory or regulatory authority other than E.O. 12549. Consultants with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principals. Vendors submitting proposals for this purchase must attest that they, and their subConsultants and partners, are not excluded from receiving Federal contracts, certain subcontracts, and certain Federal financial and nonfinancial assistance and benefits, pursuant to the provisions of 31 U.S.C. 6101, note, E.O. 12549, E.O. 12689, 48 CFR 9.404, and each agency's codification of the Common Rule for Nonprocurement suspension and debarment. Consultant's debarment and suspension status will be validated at the System for Award Management at www.sam.gov and the State of Florida at http://dms.myflorida.com/business_operations/state_purchasing/vendor information. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352): Consultants who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of RFP CCNA Template_01012014 RFP_CCNATemplate 11 Exhibit IA: Federal Provisions Professional Services FHWA 20.205 Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded up from tier-to-tier-to recipient. DBE Participation The Department of Transportation has an 8.6% race-neutral DBE goal. This means that the State's goal is to spend at least 8.6% of the federal aid highway dollars with Certified DBE's as prime firms or as sub-consultants/sub-Consultants. Race-neutrality means that the Department has demonstrated that the 8.6% overall goal can be achieved through the normal competitive procurement process without using DBE contract goals. The County encourages DBE firms to compete for County professional services projects, and also encourages non-DBE consultants to use DBE firms as sub-consultants. However, use of DBE sub-consultants is not mandatory and no preference points will be given in the selection process for DBE participation. The CONSULTANT, sub recipient or subConsultant shall not discriminate on the basis of race, color, national origin or sex in the performance of this Contract. The CONSULTANT shall carry our applicable requirements of 49 CFR Part 26 in the award and administration of DOT — assisted contracts. Failure of the CONSULTANT to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the COUNTY deems appropriate. Each subcontract the CONSULTANT or its subs signs in regards to a federal aid project must include the assurance in the above paragraph (see 49 CFR 26.13(b)). The CONSULTANT and its subConsultants agree to comply with all applicable federal implementing regulations and other implementing requirements the Federal government may issue. RFP CCNA Template_01012014 RFP_CCNATemplate 12 CNC) Terms for Federal Aid Contracts (Appendix 1) The following terms and conditions supersede any terms and conditions under the General Conditions of this contract and/or policy and guidelines of Collier County Government for the purpose of this engagement only. A. It is understood and agreed that all rights of Collier County relating to inspection, review, approval, patents, copyrights, and audit of the work, tracing, plans, specifications, maps, data, and cost records relating to this Agreement shall also be reserved and held by authorized representatives of the United States of America. B. It is understood and agreed that, in order to permit federal participation, no supplemental agreement of any nature may be entered into by the parties hereto with regard to the work to be performed hereunder without the approval of U.S.D.O.T., anything to the contrary in this Agreement notwithstanding. C. Compliance with Regulations:The Contractor shall comply with the Regulations relative to nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation (hereinafter, "USDOT")Title 49,Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations),which are herein incorporated by reference and made a part of this Agreement. D. Nondiscrimination: The Contractor, with regard to the work performed during the contract, shall not discriminate on the basis of race, color, national origin, sex, age, disability, religion or family status in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. E. Solicitations for Subcontractors, including Procurements of Materials and Equipment: In all solicitations made by the Contractor, either by competitive bidding or negotiation for work to be performed under a subcontract, including procurements of materials or leases of equipment;each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the basis of race, color, national origin, sex, age, disability, religion or family status. F. Information and Reports: The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto,and shall permit access to its books,records,accounts,other sources of information, and its facilities as may be determined Collier County and the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations,orders and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information the Contractor shall so certify to Collier County and the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. RFP CCNA Template_01012014 RFP_CCNATemplate 13 Ctrl, Terms for Federal Aid Contracts (Appendix 1) G. Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, Collier County shall impose such contract sanctions as it, or the Federal Highway Administration, may determine to be appropriate, including, but not limited to: 1. withholding of payments to the Contractor under the contract until the Contractor complies; and/or, 2. cancellation, termination or suspension of the contract, in whole or in part. H. Incorporation of Provisions: The Contractor shall include the provisions of paragraphs C. through H. in every subcontract, including procurements of materials and leases of equipment,unless exempt by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the Florida Department of Transportation and/or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. In the event a Contractor becomes involved in, or is threatened with, litigation with a sub-contractor or supplier as a result of such direction, the Contractor may request Collier County to enter into such litigation to protect the interests of Collier County and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. I. Interest of Members of Congress: No member of or delegate to the Congress of the United States shall be admitted to any share or part of this contract or to any benefit arising there from. J. Interest of Public Officials: No member, officer, or employee of the public body or of a local public body during his tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. For purposes of this provision, public body shall include municipalities and other political subdivisions of States; and public corporations, boards, and commissions established under the laws of any State. K. Participation by Disadvantaged Business Enterprises: The Consultant shall agree to abide by the following statement from 49 CFR 26.13(b). This statement shall be included in all subsequent agreements between the Consultant and any sub-consultant or contractor. The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT- assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. L. It is mutually understood and agreed that the willful falsification, distortion or misrepresentation with respect to any facts related to the project(s)described in this RFP CCNA Template_01012014 RFP_CCNATemplate 14 Agreement is a violation of the Federal Law. Accordingly, United States Code, Title 18, Section 1020, is hereby incorporated by reference and made a part of this Agreement. M. It is understood and agreed that if the Consultant at any time learns that the certification it provided the County in compliance with 49 CFR, Section 26.51, was erroneous when submitted or has become erroneous by reason of changed circumstances,the Consultant shall provide immediate written notice to the County. It is further agreed that the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" as set forth in 49 CFR, Section 29.510, shall be included by the Consultant in all lower tier covered transactions and in all aforementioned federal regulation. N. The County hereby certifies that neither the consultant nor the consultant's representative has been required by the County directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract,to: 1. employ or retain, or agree to employ or retain, any firm or person; or, 2. pay,or agree to pay,to any firm, person, or organization, any fee,contribution, donation, or consideration of any kind. The County further acknowledges that this agreement will be furnished to a federal agency, in connection with this contract involving participation of Federal-Aid funds, and is subject to applicable State and Federal Laws, both criminal and civil. 0. The Consultant hereby certifies that it has not: 1. employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above contractor)to solicit or secure this contract; 2. agreed,as an express or implied condition for obtaining this contract,to employ or retain the services of any firm or person in connection with carrying out this contract; or 3. paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above contractor)any fee contribution, donation,or consideration of any kind for, or in connection with, procuring or carrying out the contract. The consultant further acknowledges that this agreement will be furnished to the County and a federal agency in connection with this contract involving participation of Federal- Aidfunds, and is subject to applicable State and Federal Laws, both criminal and civil. RFP CCNA Template_01012014 RFP_CCNATemplate 16 EXHIBIT I: B Forms Due with Bid Package • Acknowledgement of Terms, Conditions, and Grant Clauses • Certification Regarding Debarment, Suspension, and Other Responsibility Matters • Certification Regarding Lobbying • Collier DBE/MBE Participation Statement • Collier Sublet List Collier County Acknowledgement of Terms, Conditions, and Grant Clauses Flow Down of Terms and Conditions from the Grant Agreement Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be forwarded to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor's progress in performing its work under this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat. Grant Clauses On behalf of my firm, I acknowledge, and agree to perform all of the specifications and grant requirements identified in this solicitation document(s). Vendor/Contractor Name Date Authorized Signature Address Solicitation Contract# 10/1/2012 Revision 2 1 375-030-32 PROCUREMENT 10/01 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION FOR FEDERAL AID CONTRACTS (Compliance with 49CFR, Section 29.510) (Appendix B Certification] It is certified that neither the below identified firm nor its principals are presently suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. Name of Consultant: By: Date: Authorized Signature Title: Instructions for Certification 1 . By signing and submitting this certification with the proposal,the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification,in addition to other remedies available to the Federal Government,the Department may pursue available remedies,including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted.If at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms'covered transaction','debarred','suspended','ineligible','lower tier covered transaction','participant','person',primary covered transaction','principal','proposal',and'voluntarily excluded',as used in this clause,have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the person to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that,should the proposed covered transaction be entered into,it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,suspended.declared ineligible,or voluntarily excluded from participation in this covered transaction,unless authorized by the Department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled"Appendix B: Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction",without modification,in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred,suspended,ineligible,or voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may,but is not required to,check the Nonprocurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant are not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions,if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended,debarred,ineligible,or voluntarily excluded from participation in this transaction,in addition to other remedies available to the Federal Government,the Department may pursue available remedies,including suspension and/or debarment. 375-030-33 PROCUREMENT 10101 CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES ON FEDERAL-AID CONTRACTS (Compliance with 49CFR, Section 20.100 (b)) The prospective participant certifies, by signing this certification, that to the best of his or her knowledge and belief: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer of employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. (Standard Form-LLL can be obtained from the Florida Department of Transportation's Professional Services Administrator or Procurement Office.) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Name of Consultant: By: Date: Authorized Signature Title: DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB 0348-0046 Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse for public burden disclosure.) 1. Type of.Federal Action: 2. Status of Federal Action 3. Report Type: a. contract a. bid/offer/application a. initial filing b. grant b. initial award b. material change c. cooperative agreement c. post-award For Material Change Only: d. loan Year Quarter e. loan guarantee f. loan insurance date of last report 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No.4 is Subawardee, Enter Name and ❑ Prime ❑ Subawardee Address of Prime: Tier ,if known: Congressional District,if known: Congressional District, if known: 6.Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, if applicable: 8. Federal Action Number,if known: 9. Award Amount,if known: 10.a.Name and Address of Lobbying Entity b. Individuals Performing Services (including address of different (if individual,last name, first name, Ml): from No. 10a.) (last name,first name, Ml): (attach Continuation Sheet(s)SF-LLL-A,if necessary) 11. Amount of Payment(check all that apply): 13. Type of Payment(check all that apply): ❑ a. retainer $ ❑ actual El planned ❑ b. one-time fee 12. Form of Payment(check all that apply): ❑ c. commission ❑a. cash ❑ d. contingent fee ❑b. in-kind;specify: nature ❑ e. deferred value ❑ f. other;specify: 14. Brief Description of Services Performed or to be Performed and Date(s)of Service, including officer(s), employee(s),or Member(s) contacted, for Payment indicated in Item 11.: (attach Continuation Sheet(s)SF-LLL-A,if necessary) 15. Continuation Sheet(s) SF-LLL-A attached: ❑ Yes ❑ No 16. Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities Signature: is a material representation of fact upon which reliance was — placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 Print Name: — U.S.C. 1352. This information will be reported to the Congress semi-annually and will be available for public Title: inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. i%IeOnNo: Cole, Authorized for Local Reproduction Federal Use Only: Standard Form-LLL FF INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation or receipt of a covered Federal action,or a material change to a previous filing,pursuant to title 31 U.S.C.section 1352.The filing of a form is required for each payment or agreementto make payment to any lobbying entity for influencing or attempting to influence an officer or employeeof any agency,a Member of Congress,an officer or employee of Congress,or an employeeof a Member of Congress in connectionwith a covered Federal action.Complete all items that applyfor both the initial filing and material change report.Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported,enter the year and quarter in which the change occurred.Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name,address,city,State and zip code of the reporting entity.Include Congressional District,if known.Check the appropriateclassification of the reporting entity that designates if it is,or expects to be,a prime or subaward recipient.Identify the tier of the subawardee,e.g.,the first subawardee of the prime is the 1st tier.Subawards include but are not limited to subcontracts,subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks"Subawardee,"then enter the full name,address, city, State and zip code of the prime Federal recipient.Include Congressional District,if known. 6. Enter the name of the Federal agency making the award or loan commitment.Include at least one organizationallevel below agency name,if known.For example,Department of Transportation,United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the full Catalog of Federal Domestic Assistance (CFDA)number for grants,cooperative agreements,loans,and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal(RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency).Include prefixes,e.g.,"RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a)Enter the full name,address,city,State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b)Enter the full names of the individual(s)performing services,and include full address if different from 10(a).Enter Last Name,First Name,and Middle Initial(MI). 11. The certifying official shall sign and date the form,print his/her name,title,and telephone number. According to the Paperwork Reduction Act,as amended,no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response,including time for reviewing instructions,searching existing data sources, gathering and maintaining the data needed,and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project(0348-0046),Washington, DC 20503. , zw | zco k § _ U § { f ) \ \ , § t "Vii -JD k0 \ \ \ a | ) !{ j \ ) k ) g ( 2 k\ | 2 otk 2 � � � # ) ) \ / 0 ) UI I— LLI \ \ / Zil M d »_ ». a _ \ ) ® “ k O \ § \� \ 2 \ 7 { \\ \ § | ] I § �\ \ \ LL 2 ® { [ E ` § � k � \ L 0 i7\ £ i ! ! U \/ / § _ ) ® ® 2 ) \ ƒ - f ! }/{ ; i7 .42 (! 3Ei E a ,• z \t \ = 8E o t § \ \ / } )! z \ I \ ! § \ \ \ 2 )/ :. § () ) ( ! ® au Ti 0 \ ) 3 _ _ 4. I D COLLIER COUNTY ANTICIPATED DBE OR M/WBE PARTICIPATION STATEMENT DBE/MBE/WBE Status will be verified. Unverifable statuses will require the PRIME to either proivde a revised statement or provide source documentation that validates a status. A« PRIME VENDOR/CONTRACTOR INFORMATION ri PRIME NAME PRIME FEID NUMBER CONTRACT DOLLAR AMOUNT IS THE PRIME A FLORIDA-CERTIFIED DISADVANTAGED, IS THE ACTIVITY OF THIS CONTRACT... MINORITY OR WOMEN BUSINESS ENTERPRISE? DBE? Y N CONSTRUCTION? Y N (DBE/MBE/WBE) OR HAVE A SMALL DISADVANTAGED BUSINESS 8A CERTIFICATION FROM THE SMALL BUSINESS MBE? Y N CONSULTATION? Y N ADMINISTRATION? WBE? Y N OTHER? Y N SDB 8A? Y N IS THIS SUBMISSION A REVISION? Y N IF YES,REVISION NUMBER B. IIr PRIME HAS SUBCONTRACTOR,ORSUPPLIER WHO IS DBE/ . E,PRIME IS T(i`Cbiiiiii.ETE THIS NEXT ' SECTION DBE M/WBE SUBCONTRACTOR OR SUPPLIER TYPE OF WORK OR ETHNICITY CODE SUB/SUPPLIER PERCENT OF CONTRACT NAME SPECIALTY (See Below) DOLLAR AMOUNT DOLLARS DBE M/WBE DBE M/WBE DBE M/WBE DBE M/WBE DBE M/WBE DBE M/WBE TOTALS: C. SECTION TOBE COMPLETED BY PRIME VENDOR/CONTRACTOR NAME OF SUBMITTER DATE TITLE OF SUBMITTER EMAIL ADDRESS OF PRIME(SUBMITTER) TELEPHONE NUMBER FAX NUMBER NOTE:This information is used to track and report anticipated DBE or MBE participation in federally-funded contracts.The anticipated DBE or MBE amount is voluntary and will not become part of the contractual terms.This form must be submitted at time of response to a solicitation. If and when awarded a County contract,the prime will be asked to update the information for the grant compliance files. BlackAmerican BA HispanicAmerican HA NativeAmerican NA Subcont.AsianAmerican SAA Asian-Pacific American, Non-Minority Women NMW Other:not of any other group listed 0 „ . D.SECTION TO BE"COMPLETED 8Y COLLIER COUNTY DEPARTMENT NAME COLLIER CONTRACT#(IFB/RFP or PO/REQ) FUNDING SOURCE ACCEPTED BY: DATE Exhibit II: General RFP Instructions 1. Questions Direct questions related to this RFP to the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. Consultants must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Purchasing Department Online Bidding System website. For general questions, please call the referenced Procurement Strategist noted on the cover page. 2. Pre-Proposal Conference 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 Consultants 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 Consultants are strongly encouraged to attend, as, this will usually be the only pre-proposal conference for this solicitation. If this pre-proposal conference is denoted as "mandatory", prospective Consultants must be present in order to submit a proposal response. 3. 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. 4. Ambiguity, Conflict, or Other Errors in the RFP It is the sole responsibility of the Consultant if the Consultant discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, to immediately notify the Procurement Strategist, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Strategist will RFP CCNA Template_01012014 RFP_CCNATemplate 17 V make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the Purchasing Department. 5. Proposal, Presentation, and Protest Costs The County will not be liable in any way for any costs incurred by any Consultant 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. 6. Delivery of Proposals All proposals are to be delivered before 2:30 PM, Naples local time, on or before April 14, 2014 to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Millie Kaseeska, Procurement Strategist The County does 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 Consultant's personnel or by the Consultant's outside carrier. However, the Procurement Director, or designee, reserves 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 may include but not be limited to: late delivery by commercial carrier such as Fed Ex, UPS 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. Consultants must submit one(1) lamer corn clearly labeled "Master." and five (51 compact disks (CD's)with one core of the Proposal on each CD in Word. Excel or, EP1. List the Solicitation Number and Title on the outside of the box or envelope. 7. Validity of Proposals No proposal can be withdrawn after it is filed unless the Consultant 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. 8. Method of Source Selection The County is using the Competitive Sealed Request for Proposal methodology of source selection for this procurement, as authorized by Ordinance Number 2013-69 establishing and adopting the Collier County Purchasing Policy. RFP CCNA Template_01012014 RFP_CCNATemplate 18 If the County receives proposals from less than three (3) firms, the Procurement Director shall review all the facts and determine if it is in the best interest of the County to solicit additional proposals or request that the Selection Committee rank order the received proposals. The County may, as it deems necessary, conduct discussions with qualified Consultants 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. 9. Evaluation of Proposals Collier County will evaluate and select these Services in accordance with Florida Statute 287.055, Consultants' Competitive Negotiation Act. The County's procedure for selecting is as follows: 1. The County Manager or designee shall appoint a Selection Committee to review all proposals submitted. 2. Request for Proposals issued. 3. Subsequent to the closing of proposals, the Procurement Strategist will review the proposals received and verify whether each proposal appears to be minimally responsive to the requirements of the published RFP. 4. Meetings will be open to the public and the Procurement Strategist will publicly post prior notice of such meeting in the lobby of the Purchasing Building. 5. The committee members will review each Proposal individually and score each proposal based on the evaluation criteria stated herein. 6. Prior to the first meeting of the selection committee, the Procurement Strategist will post a notice announcing the date, time and place of the first committee meeting. Said notice will be posted in the lobby of the Purchasing Building not less than three (3) working days prior to the meeting. The Procurement Strategist will also post prior notice of all subsequent committee meetings and will endeavor to post such notices at least one (1) day in advance of all subsequent meetings. 7. Collier County will consider all the material submitted by the Proposer and other information Collier County may obtain to determine whether the Proposer is capable of and has a history of successfully completing projects of this type, including, without limitation, additional information Collier County may request, interviews, or oral presentations. 8. The Selection Committee, as approved by the County Manager or designee, will review, evaluate and rank all responsive proposals received from Proposers responding to this RFP. The committee members will score each Proposal in accordance with the rating criteria set forth below and may, at their discretion, schedule presentations from any firms submitting a proposal. Consultant(s) shall have an opportunity to discuss their qualifications, approach to the project and ability to furnish services for the scope of work outlined in this solicitation during the publicly announced Selection Committee Meeting prior to the final ranking. This discussion does not preclude the County from having additional presentations by ranked firms at the County's sole discretion. 9. The Selection Committee will rank qualified firms in order of preference and by consensus using all information presented to the Committee, choose the top ranked firm and will subsequently enter into negotiations with the top ranked firm. Award of the RFP CCNA Template_01012014 RFP_CCNATemplate 19 ' r contract is dependent upon the successful and full execution of a mutually agreed contract. 10. Negotiations shall begin with the top-ranked firm(s) in accordance with Florida Statute 287.055. 11. Upon the successful completion of negotiations, contracts will be presented to the Board of County Commissioners for approval. The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, addendums, and/or amendments as it may deem appropriate, including, but not limited, to requesting supplemental proposal information. Receipt of a proposal by the County or a submission of a proposal to the County offers no rights upon the Consultant 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 may not be considered. 10. References The County reserves the right to contact any and all references submitted as a result of this solicitation. Please ask your references to return completed reference forms to you to be turned in with your proposal response. 11. Proposal Selection Committee and Evaluation Factors The County Manager or designee will appoint a Selection Committee to review all proposals submitted. The factors to be considered in the evaluation of proposal responses are listed below. List evaluation factors and points (see below for examples) Tab II, Business Plan 30 Points Tab III, Experience and Capacity of the Firm 30 Points Tab IV, Specialized Expertise of Team Members 30 Points Tab V, References 10 Points TOTAL 100 Points Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the firm with the lowest paid dollars by Collier County to the Consultant (as obtained from the County's financial system) within the last five (5) years will receive the higher individual ranking. This information will be based on information provided by the Consultant, 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. RFP CCNA Template_01012014 RFP_CCNATemplate 20 ("77 12. 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 Collier County. 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 Consultant, or their refusal to enter into the Collier County contract, the County reserves the right to accept the proposal of any other Consultant or to re-advertise using the same or revised documentation, at its sole discretion. RFP CCNA Template_01012014 RFP_CCNATemplate 21 t1 1?) Exhibit III: Collier County Purchase Order Terms and Conditions 1. Offer and to comply with all carrier This offer is subject to cancellation by the regulations. Risk of loss of any goods COUNTY without notice if not accepted by sold hereunder shall transfer to the VENDOR within fourteen (14) days of COUNTY at the time and place of issuance. delivery; provided that risk of loss prior to actual receipt of the goods by the 2. Acceptance and Confirmation COUNTY nonetheless remain with This Purchase Order (including all VENDOR. documents attached to or referenced b) No charges will be paid by the COUNTY therein) constitutes the entire agreement for packing, crating or cartage unless between the parties, unless otherwise otherwise specifically stated in this specifically noted by the COUNTY on the Purchase Order. Unless otherwise face of this Purchase Order. Each delivery provided in Purchase Order, no invoices of goods and/or services received by the shall be issued nor payments made COUNTY from VENDOR shall be deemed to prior to delivery. Unless freight and be upon the terms and conditions contained other charges are itemized, any in this Purchase Order. discount will be taken on the full amount of invoice. No additional terms may be added and c) All shipments of goods scheduled on the Purchase Order may not be changed except same day via the same route must be by written instrument executed by the consolidated. Each shipping container COUNTY. VENDOR is deemed to be on must be consecutively numbered and notice that the COUNTY objects to any marked to show this Purchase Order additional or different terms and conditions number. The container and Purchase contained in any acknowledgment, invoice Order numbers must be indicated on bill or other communication from VENDOR, of lading. Packing slips must show notwithstanding the COUNTY'S acceptance Purchase Order number and must be or payment for any delivery of goods and/or included on each package of less than services, or any similar act by VENDOR. container load (LCL) shipments and/or with each car load of equipment. The 3. Inspection COUNTY reserves the right to refuse or All goods and/or services delivered return any shipment or equipment at hereunder shall be received subject to the VENDOR'S expense that is not marked COUNTY'S inspection and approval and with Purchase Order numbers. payment therefore shall not constitute VENDOR agrees to declare to the acceptance. All payments are subject to carrier the value of any shipment made adjustment for shortage or rejection. All under this Purchase Order and the full defective or nonconforming goods will be invoice value of such shipment. returned pursuant to VENDOR'S instruction d) All invoices must contain the Purchase at VENDOR'S expense. Order number and any other specific information as identified on the To the extent that a purchase order requires Purchase Order. Discounts of prompt a series of performances by VENDOR, the payment will be computed from the date COUNTY prospectively reserves the right to of receipt of goods or from date of cancel the entire remainder of the Purchase receipt of invoices, whichever is later. Order if goods and/or services provided Payment will be made upon receipt of a early in the term of the Purchase Order are proper invoice and in compliance with non-conforming or otherwise rejected by the Chapter 218, Fla. Stats., otherwise COUNTY. known as the "Local Government 4. Shipping and Invoices Prompt Payment Act," and, pursuant to a) All goods are FOB destination and must the Board of County Commissioners be suitably packed and prepared to Purchasing Policy. secure the lowest transportation rates RFP CCNA Template_01012014 RFP_CCNATemplate 22 5. Time Is Of the Essence and transportation shall conform to all Time for delivery of goods or performance of applicable laws, including but not limited to services under this Purchase Order is of the the Occupational Health and Safety Act, the essence. Failure of VENDOR to meet Federal Transportation Act and the Fair delivery schedules or deliver within a Labor Standards Act, as well as any law or reasonable time, as interpreted by the regulation noted on the face of the Purchase COUNTY in its sole judgment, shall entitle Order. the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to 9. Advertising reimburse the COUNTY for any expenses No VENDOR providing goods and services incurred in enforcing its rights. VENDOR to the COUNTY shall advertise the fact that further agrees that undiscovered delivery of it has contracted with the COUNTY for nonconforming goods and/or services is not goods and/or services, or appropriate or a waiver of the COUNTY'S right to insist make use of the COUNTY'S name or other upon further compliance with all identifying marks or property without the specifications. prior written consent of the COUNTY'S Purchasing Department. 6. Changes The COUNTY may at any time and by 10. Indemnification written notice make changes to drawings VENDOR shall indemnify and hold harmless and specifications, shipping instructions, the COUNTY from any and all claims, quantities and delivery schedules within the including claims of negligence, costs and general scope of this Purchase Order. expenses, including but not limited to Should any such change increase or attorneys' fees, arising from, caused by or decrease the cost of, or the time required for related to the injury or death of any person performance of the Purchase Order, an (including but not limited to employees and equitable adjustment in the price and/or agents of VENDOR in the performance of delivery schedule will be negotiated by the their duties or otherwise), or damage to COUNTY and VENDOR. Notwithstanding property (including property of the COUNTY the foregoing, VENDOR has an affirmative or other persons), which arise out of or are obligation to give notice if the changes will incident to the goods and/or services to be decrease costs. Any claims for adjustment provided hereunder. by VENDOR must be made within thirty (30) days from the date the change is ordered or 11. Warranty of Non-Infringement within such additional period of time as may VENDOR represents and warrants that all be agreed upon by the parties. goods sold or services performed under this Purchase Order are: a) in compliance with 7. Warranties applicable laws; b) do not infringe any VENDOR expressly warrants that the goods patent, trademark, copyright or trade secret; and/or services covered by this Purchase and c)do not constitute unfair competition. Order will conform to the specifications, drawings, samples or other descriptions VENDOR shall indemnify and hold harmless furnished or specified by the COUNTY, and the COUNTY from and against any and all will be of satisfactory material and quality claims, including claims of negligence, costs production, free from defects and sufficient and expense, including but not limited to for the purpose intended. Goods shall be attorneys' fees, which arise from any claim, delivered free from any security interest or suit or proceeding alleging that the other lien, encumbrance or claim of any third COUNTY'S use of the goods and/or party. These warranties shall survive services provided under this Purchase Order inspection, acceptance, passage of title and are inconsistent with VENDOR'S payment by the COUNTY. representations and warranties in section 11 (a). 8. Statutory Conformity Goods and services provided pursuant to If any claim which arises from VENDOR'S this Purchase Order, and their production breach of section 11 (a) has occurred, or is RFP CCNA Template_01012014 RFP_CCNATemplate 23 likely to occur, VENDOR may, at the and acts of nature. When VENDOR has COUNTY'S option, procure for the COUNTY knowledge of any actual or potential force the right to continue using the goods or majeure or other conditions which will delay services, or replace or modify the goods or or threatens to delay timely performance of services so that they become non-infringing, this Purchase Order, VENDOR shall (without any material degradation in immediately give notice thereof, including all performance, quality, functionality or relevant information with respects to what additional cost to the COUNTY). steps VENDOR is taking to complete delivery of the goods and/or services to the 12. Insurance Requirements COUNTY. The VENDOR, at its sole expense, shall provide commercial insurance of such type 15. Assignment and with such terms and limits as may be VENDOR may not assign this Purchase reasonably associated with the Purchase Order, nor any money due or to become due Order. Providing and maintaining adequate without the prior written consent of the insurance coverage is a material obligation COUNTY. Any assignment made without of the VENDOR. All insurance policies shall such consent shall be deemed void. be executed through insurers authorized or eligible to write policies in the State of 16. Taxes Florida. Goods and services procured subject to this Purchase Order are exempt from Florida 13. Compliance with Laws sales and use tax on real property, transient In fulfilling the terms of this Purchase Order, rental property rented, tangible personal VENDOR agrees that it will comply with all purchased or rented, or services purchased federal, state, and local laws, rules, codes, (Florida Statutes, Chapter 212), and from and ordinances that are applicable to the federal excise tax. conduct of its business. By way of non- exhaustive example, this shall include the 17. Annual Appropriations American with Disabilities Act and all The COUNTY'S performance and obligation prohibitions against discrimination on the to pay under this Purchase Order shall be basis of race, religion, sex creed, national contingent upon an annual appropriation of origin, handicap, marital status, or veterans' funds. status. Further, VENDOR acknowledges and without exception or stipulation shall be 18. Termination fully responsible for complying with the This Purchase Order may be terminated at provisions of the Immigration Reform and any time by the COUNTY upon 30 days Control Act of 1986 as located at 8 U.S.C. prior written notice to the VENDOR. This 1324, et seq. and regulations relating Purchase Order may be terminated thereto, as either may be amended. Failure immediately by the COUNTY for breach by by the awarded firm(s) to comply with the VENDOR of the terms and conditions of this laws referenced herein shall constitute a Purchase Order, provided that COUNTY has breach of the award agreement and the provided VENDOR with notice of such County shall have the discretion to breach and VENDOR has failed to cure unilaterally terminate said agreement within 10 days of receipt of such notice. immediately. Any breach of this provision may be regarded by the COUNTY as a 19. General material and substantial breach of the a) This Purchase Order shall be governed contract arising from this Purchase Order. by the laws of the State of Florida. The venue for any action brought to 14. Force Majeure specifically enforce any of the terms and Neither the COUNTY nor VENDOR shall be conditions of this Purchase Order shall responsible for any delay or failure in be the Twentieth Judicial Circuit in and performance resulting from any cause for Collier County, Florida beyond their control, including, but without b) Failure of the COUNTY to act limitation to war, strikes, civil disturbances immediately in response to a breach of RFP CCNA Template_01012014 RFP_CCNATemplate 24 this Purchase Order by VENDOR shall accordance with Florida Statute Chapter not constitute a waiver of breach. 112.061, Per Diem and Travel Waiver of the COUNTY by any default Expenses for Public Officers, employees by VENDOR hereunder shall not be and authorized persons. deemed a waiver of any subsequent e) In the event of any conflict between or default by VENDOR. among the terms of any Contract c) All notices under this Purchase Order Documents related to this Purchase shall be sent to the respective Order, the terms of the Contract addresses on the face page by certified Documents shall take precedence over mail, return receipt requested, by the terms of the Purchase Order. To the overnight courier service, or by personal extent any terms and for conditions of delivery and will be deemed effective this Purchase Order duplicate or overlap upon receipt. Postage, delivery and the Terms and Conditions of the other charges shall be paid by the Contract Documents, the provisions of sender. A party may change its address the Terms and/or Conditions that are for notice by written notice complying most favorable to the County and/or with the requirements of this section. provide the greatest protection to the d) The Vendor agrees to reimbursement of County shall govern. any travel expenses that may be associated with this Purchase Order in RFP CCNA Template_01012014 RFP_CCNATemplate 25 Exhibit IV: Additional Terms and Conditions for RFP 1. Insurance and Bonding Requirements The Consultant shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Consultant shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Consultant waive against each other and the County's separate Consultants, 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. The Consultant and County shall, where appropriate, require similar waivers of subrogation from the County's separate Consultants, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining, its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." The General Liability Policy provided by Consultant to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Consultant under this solicitation and shall contain a severability of interests provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County.The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida The amounts and types of insurance coverage shall conform to the minimum requirements set forth in Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Consultant has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Consultant 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 Consultant's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Consultant 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 Consultant. The Consultant shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Consultant from its insurer and nothing contained herein shall relieve Consultant of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Consultant RFP CCNA Template_01012014 RFP_CCNATemplate 26 hereunder, Consultant shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Consultant 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 Consultant for such coverage(s) purchased. If Consultant fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Consultant under this Agreement or any other agreement between the County and Consultant. 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. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Consultant shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Consultant to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 2. Offer Extended to Other Governmental Entities Collier County encourages and agrees to the successful Consultant extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful Consultant. 3. Additional Items and/or Services Additional items and / or services may be added to the resultant contract, or purchase order, in compliance with the Purchasing Policy. 4. Use of Subcontractors Consultant on any service related project, including construction, must be qualified and directly responsible for 80% or more of the solicitation amount for said work. 5. County's Right to Inspect The County or its authorized Agent shall have the right to inspect the Consultant's facilities/project site during and after each work assignment the Consultant is performing. 6. Additional Terms and Conditions of Contract Collier County has developed standard contracts/agreements, approved by the Board of County Commissioners (BCC). The selected Consultant 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 Consultant. 7. Public Records Compliance The Vendor/Contractor agrees to comply with the Florida Public Records Law Chapter 119 (including RFP CCNA Template_01012014 RFP_CCNATemplate 27 specifically those contractual requirements at F.S. § 119.0701(2) (a)-(d) and (3)), ordinances, codes, rules, regulations and requirements of any governmental agencies. 8. Work Orders on Fixed Term Contracts The County reserves the right to order such services from selected firms as may be required during said period, but does not guarantee any minimum or maximum services to be ordered during the period specified from any given firm. Work Order service assignments shall be at the sole discretion of the County. The contracts are classified as fixed-term Countywide Agreements for various and miscellaneous services which will be utilized on an as-needed basis. Assignments shall be implemented with Work Orders subject to a maximum of $200,000 per Work Order and with a maximum yearly contract amount of $750,000 per firm. Work Order assignments in excess of $200,000 shall be approved by the Board of County Commissioners. Should any project that is active on a work order extend past the contract termination date, that work order will be active and extended as necessary until completion of such project. 9. Payment Method Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor's invoices must include: • Purchase Order Number • Description and quantities of the goods or services provided per instructions on the County's purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk's Finance Department ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or emailed to: bccapclerk(a�collierclerk.com. Collier County, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. Payment methods include: • Traditional—payment by check, wire transfer or other cash equivalent. • 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. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation. The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an "Additional Cash Discount." RFP CCNA Template_01012014 RFP_CCNATemplate 28 Upon execution of the Contract and completion of each month's work, payment requests may be submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices should be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized by the Project Manager. Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "'aches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 10. Environmental Health and Safety All Consultants and Sub Consultants performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Consultants and Sub Consultants shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-of-way for the purpose of inspection of any Consultant's work operations. This provision is non-negotiable by any department and/or Consultant. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 11. Licenses The Consultant is required to possess the correct Business Tax Receipt, 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 Consultant to submit the required documentation may be grounds to deem RFP CCNA Template_01012014 RFP_CCNATemplate 29 Consultant non-responsive. A Consultant, with an office within Collier County is also required to have an occupational license. All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain "active" in Collier County If you have questions regarding professional licenses 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. 12. Survivability Bids (ITBs/RFPs): The Consultant agrees that any Work Order/Purchase Order that extends beyond the expiration date of Solicitation 14-6246 resultant of this solicitation will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of any Work Order/Purchase Order. 13. Principals/Collusion By submission of this Proposal the undersigned, as Consultant, 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. 14. Relation of County It is the intent of the parties hereto that the Consultant shall be legally considered an independent Consultant, and that neither the Consultant nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said Consultant, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 15. Termination Should the Consultant be found to have failed to perform his services in a manner satisfactory to the County, the County may terminate this 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. 16. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does 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 for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from Proaosal closina to final board approval, no firm or their agent shall contact any other employee of Collier County in reference to this Proposal, with the exception of the Procurement 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. 17. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) RFP CCNA Template_01012014 REP_CCNATemplate 30 rte-, In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.orq/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 18. Single Proposal Each Consultant 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. 19. Protest Procedures Any actual or prospective Consultant to a Request for Proposal, who is aggrieved with respect to the former, shall file a written protest with the Procurement Director prior to the due date for acceptance of proposals. All such protests must be filed with the Procurement 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 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 Procurement Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. 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 Procurement Director. 20. Public Entity Crime A person or affiliate who has been placed on the convicted Consultant 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 Consultant list. 21. Security and Background Checks If required, Consultant / Vendor / Contractor / Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department, and drug testing for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. RFP CCNA Template_01012014 RFP_CCNATemplate 31 ti�11 Contractor shall be required to maintain records on each employee and make them available to the County for at least four(4) years. 22. Conflict of Interest Consultant 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 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. 23. 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. 24. Immigration Law Affidavit Certification Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet-based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Consultants are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Consultant's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Consultants are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. Jf the Bidder/Consultant does not comply with providina the acceptable E-Verifv evidence and the executed affidavit the bidder's/Consultant's proposal may be deemed non-responsive, Additionally, Consultants shall require all subcontracted Consultants to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the Consultant's responsibility to familiarize themselves with all rules and regulations governing this program. RFP CCNA Template_01012014 RFP_CCNATemplate 32 � i Consultant shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Consultant during the term of the Contract. Consultant shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired y the subcontractor during the contract term. Consultant 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 seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. RFP CCNA Template_01012014 RFP_CCNATemplate 33 tii' Colinifr count Adrantstratve Sermes Division Purchaser Attachment 1: Consultant's Non-Response Statement 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 Consultants not wishing to respond to this solicitation. If your firm is not responding to this RFP, please indicate the reason(s) by checking the item(s) listed below and return this form via email or fax, noted on the cover page, or mail to Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. We are not responding to CCNA Solicitation 14-6246 Network Study and Analysis 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: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Date RFP CCNA Template_01012014 RFP_CCNATemplate 34 J co ler County Adninistratve Sem.Division turning Attachment 2: Consultant Check List IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your Proposal. Consultant should check off each of the following items as the necessary action is completed: ❑ The Proposal has been signed. ❑ All applicable forms have been signed and included, along with licenses to complete the requirements of the project. ❑ Any addenda have been signed and included. ❑ The mailing envelope has been addressed to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Millie Kaseeska CCNA Solicitation: 14-6246 Network Study and Analysis ❑ 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 Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Date RFP CCNA Template_01012014 RFP_CCNATemplate 35 71"_,z7.\ Cony Purchasing Attachment 3: 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 Procurement Director, or designee, if any actual or potential conflict of interest arises during the contract and/or project duration. Firm: Signature and Date: Print Name Title of Signatory 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 RFP CCNA Template_01012014 RFP_CCNATemplate 36 l_ `) Co ler County Acinsnistrative Se(\ACM Division Purchasing Attachment 4: Consultant Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: CCNA Solicitation: 14-6246 Network Study and Analysis Dear Commissioners: The undersigned, as Consultant declares 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 Consultant agrees, if this proposal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the proposal pertains. The Consultant states that the proposal is based upon the proposal documents listed by the above referenced CCNA Solicitation. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of , 200 in the County of , in the State of Firm's Legal Name: Address: City, State,Zip Code: Florida Certificate of Authority Document Number Federal Tax Identification Number CCR # or CAGE Code Telephone: FAX: Signature by: (Typed and written) Title: RFP CCNA Template_01012014 RFP_CCNATemplate 37 i p Additional Contact Information Send payments to: (required if different from above) Company name used as payee Contact name: Title: Address: City, State,ZIP Telephone: FAX: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State,ZIP Telephone: Email: RFP CCNA Template_01012014 RFP_CCNATemplate 38 4: Co lw County Administrative Services Division Puy, a 43 Attachment 5: Immigration Affidavit Certification CCNA Solicitation: 14-6246 Network Study and Analysis This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's)and Request for Proposals(RFP)submittals. Further, Consultants/Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Consultant's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the F-Verify program may deem the Consultant/Bidder's proposal as non-responsive, Collier County will not intentionally award County contracts to any Consultant who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e)of the Immigration and Nationality Act("INA"). Collier County may consider the employment by any Consultant of unauthorized aliens a violation of Section 274A(e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e)of the INA shall be grounds for unilateral termination of the contract by Collier County. Consultant attests that they are fully compliant with all applicable immigration laws(specifically to the 1986 Immigration Act and subsequent Amendment(s))and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Consultant's/Bidder's proposal. Company Name Print Name Title Signature Date State of County of The foregoing instrument was signed and acknowledged before me this day of 20 _, by who has produced as identification. (Print or Type Name) (Type of Identification and Number) Notary Public Signature Printed Name of Notary Public Notary Commission Number/Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein,the truth and accuracy of this affidavit to interrogatories hereinafter made. RFP CCNA Template_01012014 RFP_CCNATemplate 39 Co ner C o my PorthasPg Attachment 6:Consultant Substitute W—9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County(including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name (as shown on income tax return) Business Name (if different from taxpayer name) Address City State Zip Telephone FAX Email Order Information Remit/Payment Information Address Address City State Zip City State _Zip FAX FAX Email Email 2. Company Status(check only one) _Individual/Sole Proprietor _Corporation _Partnership _Tax Exempt (Federal income tax-exempt entity _Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c)3) Enter the tax classification (D=Disregarded Entity, C=Corporation, P=Partnership) 3. Taxpayer Identification Number(for tax reporting purposes only) Federal Tax Identification Number(TIN) (Consultants who do not have a TIN, will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form: Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. Signature Date Title Phone Number RFP CCNA Template_01012014 RFP_CCNATemplate 40 4 i Co ier County Ackrinistrative Servioes Purchasing Attachment 7: Insurance and Bonding Requirements Insurance/Bond Type Required Limits 1. Q9 Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ❑ Employer's Liability $ _single limit per occurrence 3. X<Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current $1.000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor/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 ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/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. 4. ®Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury& Property Damage, Owned/Non- owned/Hired;Automobile Included 5. ❑ Other insurance as ❑Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage(Jones Act)shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence RFP CCNA Template_01012014 RFP_CCNATemplate 41 ® Professional Liability $1,000,000 per claim and in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑Valuable Papers Insurance $ Per Occurrence 6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers'check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5%of the cost proposal.All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ❑ Performance and For projects in excess of$200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100%of the Contract award amount,the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as"A-"or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5%of the reported policy holders'surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc.of 75 Fulton Street, New York, New York 10038. 8. 4M 1 Consultant shall ensure 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 meeting the required insurance provisions. 9. orl Collier County must be named as"ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. 1ta The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County (or Collier MPO). The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. ® Thirty(30) Days Cancellation Notice required. Consultant's Insurance 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 this solicitation. Name of Firm Date Consultant Signature Print Name Insurance Agency RFP CCNA Template_01012014 RFP_CCNATemplate 42 Agent Name Telephone Number RFP CCNA Template_01012014 RFP_CCNATemplate 43 • r County Adrrinistatise Services Division Attachment 8: Reference Questionnaire Solicitation: Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: Company: (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: FAX: Telephone: Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10,with 10 representing that you were very satisifed(and would hire the firm/individual again)and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored"0." Project Description: Completion Date: Project Budget: Project Number of Days: Item Citeria Score 1 Ability to manage the project costs(minimize change orders to scope). 2 Ability to maintain project schedule(complete on-time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Project administration(completed documents,final invoice,final product turnover; invoices; manuals or going forward documentation,etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future(customer satisfaction). TOTAL SCORE OF ALL ITEMS Please FAX this completed survey to: By RFP CCNA Template_01012014 RFP_CCNATemplate 44 EXHIBIT C "BASIS OF COMPENSATION " 14-6246 "Network Study and Analysis" LUMP SUM 1. MONTHLY STATUS REPORTS B.1.1 As a condition precedent to payment, the CONSULTANT shall submit to the COUNTY as part of its monthly invoice a progress report reflecting the Project design and construction status, in terms of the total work effort estimated to be required for the completion of the Basic Services and any then-authorized Additional Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall show all Service items and the percentage complete of each item. B1.1.1 All monthly status reports and invoices shall be mailed to the attention of Rick Bossert, Signal Systems Network Specialist, Traffic Department, Growth Management, 2885 S. Horseshoe Drive, Naples, FL 34104, (239) 252-6066. 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Services provided for in this Agreement, the COUNTY agrees to make the lump sum payments to the CONSULTANT in accordance with the terms stated below. Payments will be made in accordance with the following Schedule; however, the payment of any particular line item noted below shall not be due until all services associated with any such line item have been completed to the COUNTY'S reasonable satisfaction. Task Service Fee PAYMENT SCHEDULE A SEMP Analysis $73,442 Monthly Upon Percent Complete of Task B Network Design $52,144 Monthly Upon Percent Complete of Task C Risk Assessment $22,406 Monthly Upon Percent Complete of Task D Multi-Phased Plan $21,652 Monthly Upon Percent Complete of Task E Network Analysis Reporting $44,502 Monthly Upon Percent Complete of Task TOTAL FEE (Total Tasks A-E) $214,146 C-1 B.2.2. The fees noted in Section 2.1. shall constitute the lump sum amount of Two Hundred Fourteen Thousand One Hundred Forty-Six and 00/100 Dollars ($214,146) to be paid to CONSULTANT for the performance of the Basic Services. B.2.3. For Additional Services provided pursuant to Article 2 of the Agreement, if any, the COUNTY agrees to pay the CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided and as set forth in the Amendment authorizing such Additional Services. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Exhibit C and all Reimbursable Expenses shall comply with the provision of Section 3.4.1 below. There shall be no overtime pay on Additional Services without the COUNTY'S prior written approval. B.2.4. The compensation provided for under Sections 2.1 of this Exhibit C, shall be the total and complete amount payable to the CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out-of-pocket expenses incurred in the performance of all such services. B.2.5. Notwithstanding anything in the Agreement to the contrary, the CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, the CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by the COUNTY, pending resolution of the dispute provided that the COUNTY continues to pay to the CONSULTANT all amounts that the COUNTY does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS: B.3.1. The CONSULTANT shall submit, with each of the monthly status reports provided for under Section 1.1 of this Exhibit C, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by the COUNTY. Additionally, the number of the purchase order granting approval for such services shall appear on all invoices. B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to the CONSULTANT for correction. Invoices shall be submitted on the CONSULTANT'S letterhead and must include the Purchase C-2 Order Number and Project name and shall not be submitted more than one time monthly. B.3.3. Payments for Additional Services of the CONSULTANT as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. B.3.4. Unless specific rates have been established in Attachment 1, attached to this Exhibit C, the CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by the CONSULTANT for Additional Services, the CONSULTANT shall be limited to a maximum markup of 5% on the fees and expenses associated with such subconsultants and subcontractors. B.3.4.1 Reimbursable Expenses associated with Additional Services must comply with section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of the following items: B.3.4.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. B.3.4.1.2. Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by the COUNTY. Such expenses, if approved by the COUNTY, may include coach airfare, standard accommodations and meals, all in accordance with section 112.061, F.S. Further, such expenses, if approved by the COUNTY, may include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties are expressly excluded. B.3.4.1.3. Permit Fees required by the Project. B.3.4.1.4. Expense of overtime work requiring higher than regular rates approved in advance and in writing by the COUNTY. B.3.4.1.5. Expense of models for the County's use. B.3.4.1.6. Other items on request and approved in writing by the COUNTY. C-3 EXHIBIT C-Attachment 1 14-6246 "Network Study and Analysis" Standard Hourly Title Rate Principal $ 206.00 Senior Project Manager $ 172.00 Project Manager $ 147.00 Senior Engineer $ 157.00 Engineer $ 123.00 Senior Inspector $ 96.00 Inspector $ 76.00 Senior Planner $ 139.00 Planner $ 110.00 Senior Designer $ 114.00 Designer $ 94.00 Environmental Specialist $ 109.00 Senior Environmental Specialist $ 134.00 Scientist/Geologist $ 93.00 Senior Scientist/Geologist $ 118.00 Marine Biologist/Hydrogeologist $ 110.00 Senior Marine Biologist/Hydrogeologist $ 138.00 Senior GIS Specialist $ 139.00 GIS Specialist $ 102.00 Clerical/Administrative $ 62.00 Senior Technician $ 85.00 Technician $ 72.00 Surveyor and Mapper $ 120.00 CADD Technician $ 81.00 Survey Crew-2 man $ 130.00 Survey Crew-3 man $ 161.00 Survey Crew-4 man $ 189.00 Senior Architect $ 154.00 Architect $ 121.00 SUBCONSULTANT: GANNETT FLEMING Risk Assessment Study Not-to-Exceed $21,582 Lump Sum Network Analysis Report Not-to-Exceed $11,978 Lump Sum C-4 rf,�Ji EXHIBIT D "TRUTH IN NEGOTIATION CERTIFICATE" 14-6246 "Network Study and Analysis" In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, VIBEngineering, Inc, hereby certifies that wages, rates and other factual unit costs supporting the compensation for the services of the Consultant to be provided under the Agreement, concerning professional services for "Network Study and Analysis" are accurate, complete and current as of the time of contracting. VIBEngineering, Inc, BY: ._ A___ 11/1°'Z TITLE: 4 Pie_5 l h DATE: 1/51/5 D-1 EXHIBIT E "PROJECT SCHEDULE" 14-6246 "Network Study and Analysis" TASK SERVICE Cumulative Number of Calendar Days For Completion from Date of Notice to Proceed (NTP) Task A SEMP Analysis NTP+ 240 days Task B Network Design NTP+ 270 days Task C Risk Assessment NTP+ 135 days Task D Multi-Phased Plan NTP+ 240 days Task E Network Analysis Reporting NTP+ 300 days E-1 "EXHIBIT F" "KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS" NAME PERSONNEL CATEGORY % OF TIME Sara Calhoun, PE Principal 4.0% Jay Calhoun, PE Principal 8.4% Rob Brock Senior Project Manager 36.1% Nathan Poole, EI CADD Tech 3.2% Arthur Tester, EI CADD Tech 28.3% Vivek Koneru CADD Tech 3.2% Monica Clifford Clerical 1.2% SUBCONSULTANT- Gannett Fleming, Inc. David Krauss Senior IT Manager 1.8% Todd Patton IT Specialist 13.8% F-1 "EXHIBIT G" GRANT DOCUMENTS (following this page) G-1 v1 EXHIBIT G "GRANT DOCUMENTS" Collier County Acknowledgement of Terms, Conditions, and Grant Clauses Flow Down of Terms and Conditions from the Grant Agreement Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be forwarded to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor's progress in performing its work under this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat. Grant Clauses On behalf of my firm, I acknowledge, and agree to perform all of the specifications and grant requirements identified in this solicitation document(s). Vendor/Contractor Name VIBEngineering, Inc. Date 04/14/14 Authorized Signature Joo,,ek , 4 -��L l e� Address 4350 West Cypress Street, Suite 225, Tampa, FL 33607 Solicitation #14-6246 Contract# 10/1/2012 Revision 2 OE CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION FOR FEDERAL AID CONTRACTS (Compliance with 49CFR, Section 29.510) (Appendix B Certification] It is certified that neither the below identified firm nor its principals are presently suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. Name of Consultant: By: Sara E. Calhoun Date: Aril 11 014 Authorized Signature ILA item" Title: President Instructions for Certification 1 . By signing and submitting this certification with the proposal,the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification,in addition to other remedies available to the Federal Government,the Department may pursue available remedies,including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted,If at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms'covered transaction','debarred,'suspended','ineligible','lower tier covered transaction','participant','person',primary covered transaction','principal','proposal',and'voluntarily excluded',as used in this clause,have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the person to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that,should the proposed covered transaction be entered into,it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,suspended,declared ineligible,or voluntarily excluded from participation in this covered transaction,unless authorized by the Department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled"Appendix B: Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction",without modification,in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred,suspended,ineligible,or voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may,but is not required to,check the Nonprocurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant are not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions,if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended,debarred,ineligible,or voluntarily excluded from participation in this transaction,in addition to other remedies available to the Federal Government,the Department may pursue available remedies,including suspension and/or debarment. {' °. r 375-030.33 PROCUREMENT 10/01 CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES ON FEDERAL-AID CONTRACTS (Compliance with 49CFR, Section 20.100 (b)) The prospective participant certifies, by signing this certification, that to the best of his or her knowledge and belief: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer of employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. (Standard Form-LLL can be obtained from the Florida Department of Transportation's Professional Services Administrator or Procurement Office.) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Name of Consultant: By: Sara E. Calhoun Date: A•ril_11 2014.. Authorized Signature: . ..eL. Title: President e '.J% ( kk2 « c § uj Z o 2 ! t ; 2 , f , k .2 » v, • § ( \ - - \ � ; - � 2 / ` } \ & E3 - ` § 2 \ \ 0 \ ° § 2 0 ` EQ 3 q 41 U.; ,I - G \ ; ! g' - » § + ` ! ) !< ; o \ O.k2 a ! ) ¥ } 00 f 712 # J o C ! ; k le 2 % �/\ E c _ ! ! f 3 @ c 0 \ � � » e , I v) ) 0. .\ / � ! 2 ! ■ _ ` ! 7 Z ( t ` " { 2 d § jF 7 c / ) q {) 7 ( § f tio �} { z \ § g $ | / ( 0 I— 2 F | � ! / m CC k k } \ \ ! ; ! LU S \f } (3 } e - m cn / � \ o _ „ @ $ ! 2 ! \ fig ] f ! § {/{ ) {/ If k {/ . . m .6 „ ) / . - ? z ! i } \. « . . � 3 k Cr § 2 f /} g Z o) 8 I ; 6i g k { 03 r ! ! § 4{ \ 2 2 \ \{{ § / ] \ \ 0 R ` s � § „ $ ` �£ - t } aueq 1 t I ] g /_ 3 _ _ . 2 ; ; £ COWER COUNTY ANTICIPATED DBE OR M/WBE PARTICIPATION STATEMENT DBE/MBE/WI:1E Status will be verified. Unvenfable statuses will require the PRIME to either provide a revised statement or provide source documentation that validates a status. A. PRIME VENDOR/CONTRACTOR INFORMATION PRIME NAME PRIME FEID NUMBER CONTRACT DOLLAR AMOUNT VIBEngineering, Inc. 46-2667875 $265,000. IS THE PRIME A FLORIDA-CERTIFIED DISADVANTAGED, IS THE ACTIVITY OF THIS CONTRACT... MINORITY OR WOMEN BUSINESS ENTERPRISE? DBE? CY) N CONSTRUCTION? (DBE/MBE/WBE) OR HAVE A SMALL DISADVANTAGED BUSINESS 8A CERTIFICATION FROM THE SMALL BUSINESS MBE? N CONSULTATION? ADMINISTRATION? WBE? C9 N OTHER? (t- SDB 8A? Y IS THIS SUBMISSION A REVISION? Y cry IF YES,REVISION NUMBER n/a B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS DBE/MBE,PRIME IS TO COMPLETE THIS NEXT SECTION DBE M WBE SUBCONTRACTOR OR SUPPLIER TYPE OF WORK OR ETHNICITYCODE SUB/SUPPLIER PERCENTOF CONTRACT NAME SPECIALTY (See Below) DOLLARAMOUNT DOLLARS DBE M/WBE No subcontractor or supplier who are DBE/MBE DBE M/WBE DBE M/WBE DBE M/WBE DBE M/WBE DBE M/WBE TOTALS: C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR NAME OF SUBMITTER DATE TITLE OF SUBMITTER Sara E.Calhoun 04/11/14 President EMAIL ADDRESS OF PRIME(SUBMITTER) TELEPHONE NUMBER FAX NUMBER scalhoun@VIBEngineering.com (813)872-7670 None NOTE:This information is used to track and report anticipated DBE or MBE participation in federally-funded contracts.The anticipated DBE or MBE amount is voluntary and will not become part of the contractual terms. This form must be submitted at time of response to a solicitation. If and when awarded a County contract,the prime will be asked to update the information for the grant compliance files. BlackAmerican BA HispanicAmerican HA NativeAmericari NA Subcont.Asian American SAA Asian-Pacific American APA Non-Minority Women NMW Other:not of any other group listed 0 D.SECTION TO BE COMPLETED BY COLLIER COUNTY DEPARTMENT NAME COWER CONTRACT#(IFB/RFP or PO/REQ) FUNDINGSOURCE ACCEPTED BY: DATE -2, Exhibit IA: Federal Provisions Professional Services FHWA 20.205 FEDERAL LAWS AND REGULATIONS Because this project activity is funded in whole or in part by the Federal Government, or an Agency thereof, Federal Law requires that the Applicant's contracts relating to the project include certain provisions. CIVIL RIGHTS COMPLIANCE The Consultant, in accordance with the Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 200d to 200d-7 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally- assisted programs of the Department of Transportaton issued pursuant to such Act, Collier County herefy notifies all consultants that it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full opportunity to submit bids in reponse to this invitation and will not be discriminated against on the graounds of race, color, religion, national origin, martial status, sex, age, disability in consideration for an award. NonDiscrimination : All contracts shall contain a provision requiring compliance with Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant thereto, which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Recipient receives Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Recipient, this assurance shall obligate the Recipient, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits. 1. Equal Employment Opportunity: The following equal employment opportunity requirements apply to the underlying contract: a. Age: Under the Age Discrimination Act of 1975, as amended (42 U.S.C.: 6101-6107), the Consultant agrees to refrain from discrimination against present and prospective employees on the basis of age. b. Race, Color, Creed, National Origin, Sex: Per Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the regulations issued pursuant thereto, the Consultant agrees to refrain from discrimination against anyone on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of federal or federally assisted construction contracts. The Consultant agrees to take affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer and in such actions as recruitment or recruitment advertising; layoff/termination, rates of pay or other forms of compensation; and election for training and apprenticeship. c. Disabilities: The Consultant agrees that it will comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.), where Exhibit IA: Federal Provisions Professional Services FHWA 20.205 applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. OTHER REGULATIONS Access to Documents: Consultant shall exercise best efforts to maintain communication with Applicant's personnel, whose involvement in the project is necessary for successful and timely completion of the work of the project, including but not limited to the closing of specific transactions. Communications between the parties shall be verbal or in writing, as requested by the parties or as dictated by the subject matter to be addressed. During the term of the Agreement and for the ensuing record-retention period, Consultant shall make any or all project records available upon reasonable request, and in any event within two (2) business days if requested, to Collier County, and any other agency of State or Federal government, or the duly authorized representatives of any of the foregoing, that has provided funding or oversight for the project, for the purpose of making audit, examination, excerpts and/or transcriptions. For purposes of this section, "records" means any and all books, documents, papers and records of any type or nature that are directly pertinent. Retention of Documents: Consultant shall maintain all project records for a minimum period of three (3) years from the date of the last voucher. Debarment and Suspension (E.O.s 12549 and 12689): Contract awards that exceed the small purchase threshold and certain other contract awards shall not be made to parties listed on the nonprocurement portion of the General Services Administration's List of parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and Suspension." This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and Consultants declared ineligible under statutory or regulatory authority other than E.O. 12549. Consultants with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principals. Vendors submitting proposals for this purchase must attest that they, and their subConsultants and partners, are not excluded from receiving Federal contracts, certain subcontracts, and certain Federal financial and nonfinancial assistance and benefits, pursuant to the provisions of 31 U.S.C. 6101, note, E.O. 12549, E.O. 12689, 48 CFR 9.404, and each agency's codification of the Common Rule for Nonprocurement suspension and debarment. Consultant's debarment and suspension status will be validated at the System for Award Management at www.sam.gov and the State of Florida at http://dms.myflorida.com/business_operations/state_purchasing/vendor information. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352): Consultants who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Exhibit IA: Federal Provisions Professional Services FHWA 20.205 Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded up from tier-to-tier-to recipient. If appropriate to the project, the Consultant will provide assurances regarding the following: • It will comply with Title IX of the Education Amendments of 1972, as amended (20 U.S.C.: 1681- • 1683 and 1685- 1686), which prohibits discrimination on the basis of sex. • It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, (42 U.S.C. 4521-45-94) relating to nondiscrimination on the basis of alcohol abuse or alcoholism. • It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and • 290 ee-3) as amended, that relate to confidentiality of alcohol and drug abuse patient records. • It will comply with Lead-Based Paint Poison Prevention Act (42 U.S.C.: 4821 et seq.) which prohibits the use of lead based paint in construction of rehabilitation or residential structures. • It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201- 6422), and the provisions of the state Energy Conservation Plan adopted pursuant thereto. • It will comply with environmental standards which may be prescribed pursuant to the National • Environmental Policy Act of 1969, 42 U.S.C. 4321-4347. • It will assist the awarding agency in assuring compliance with the Preservation of Archeological and Historical Preservation Act of 1966, 16 U.S.C. 469a, et seq. • It will comply with the environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of 1974 (42 U.S.C. 300f-300j) regarding the protection of underground water sources. • It will comply with Sections 1361(A) of the National Flood Insurance Act of 1968 (NFIA, or "the Act"), 42 USC 4104c, amended by the National Flood Insurance Reform Act of 1994 (NFIRA). DBE Participation The Department of Transportation has an 8.6% race-neutral DBE goal. This means that the State's goal is to spend at least 8.6% of the federal aid highway dollars with Certified DBE's as prime firms or as sub-consultants/sub-Consultants. Race-neutrality means that the Department has demonstrated that the 8.6% overall goal can be achieved through the normal competitive procurement process without using DBE contract goals. The County encourages DBE firms to compete for County professional services projects, and also encourages non-DBE consultants to use DBE firms as sub-consultants. However, use of Exhibit IA: Federal Provisions Professional Services FHWA 20.205 DBE sub-consultants is not mandatory and no preference points will be given in the selection process for DBE participation. The CONSULTANT, sub recipient or subConsultant shall not discriminate on the basis of race, color, national origin or sex in the performance of this Contract. The CONSULTANT shall carry our applicable requirements of 49 CFR Part 26 in the award and administration of DOT — assisted contracts. Failure of the CONSULTANT to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the COUNTY deems appropriate. Each subcontract the CONSULTANT or its subs signs in regards to a federal aid project must include the assurance in the above paragraph (see 49 CFR 26.13(b)). The CONSULTANT and its subConsultants agree to comply with all applicable federal implementing regulations and other implementing requirements the Federal government may issue. Terms for Federal Aid Contracts (Appendix 1) The following terms and conditions supersede any terms and conditions under the General Conditions of this contract and/or policy and guidelines of Collier County Government for the purpose of this engagement only. A. It is understood and agreed that all rights of Collier County relating to inspection, review, approval, patents, copyrights, and audit of the work, tracing, plans, specifications, maps, data, and cost records relating to this Agreement shall also be reserved and held by authorized representatives of the United States of America. B. It is understood and agreed that, in order to permit federal participation, no supplemental agreement of any nature may be entered into by the parties hereto with regard to the work to be performed hereunder without the approval of U.S.D.O.T., anything to the contrary in this Agreement notwithstanding. C. Compliance with Regulations: The Contractor shall comply with the Regulations relative to nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation (hereinafter, "USDOT")Title 49,Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations),which are herein incorporated by reference and made a part of this Agreement. D. Nondiscrimination: The Contractor, with regard to the work performed during the contract, shall not discriminate on the basis of race, color, national origin, sex, age, disability, religion or family status in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. E. Solicitations for Subcontractors, including Procurements of Materials and Equipment: In all solicitations made by the Contractor, either by competitive bidding or negotiation for work to be performed under a subcontract, including procurements of materials or leases of equipment;each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the basis of race, color, national origin, sex, age, disability, religion or family status. F. Information and Reports: The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto,and shall permit access to its books, records,accounts,other sources of information, and its facilities as may be determined Collier County and the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations,orders and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information the Contractor shall so certify to Collier County and the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. Terms for Federal Aid Contracts (Appendix 1) G. Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract,Collier County shall impose such contract sanctions as it, or the Federal Highway Administration, may determine to be appropriate, including, but not limited to: 1. withholding of payments to the Contractor under the contract until the Contractor complies; and/or, 2. cancellation, termination or suspension of the contract, in whole or in part. H. Incorporation of Provisions: The Contractor shall include the provisions of paragraphs C. through H. in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the Florida Department of Transportation and/or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. In the event a Contractor becomes involved in, or is threatened with, litigation with a sub-contractor or supplier as a result of such direction, the Contractor may request Collier County to enter into such litigation to protect the interests of Collier County and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. I. Interest of Members of Congress: No member of or delegate to the Congress of the United States shall be admitted to any share or part of this contract or to any benefit arising there from. J. Interest of Public Officials: No member,officer,or employee of the public body or of a local public body during his tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. For purposes of this provision, public body shall include municipalities and other political subdivisions of States; and public corporations, boards, and commissions established under the laws of any State. K. Participation by Disadvantaged Business Enterprises: The Consultant shall agree to abide by the following statement from 49 CFR 26.13(b). This statement shall be included in all subsequent agreements between the Consultant and any sub-consultant or contractor. The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT- assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. L. It is mutually understood and agreed that the willful falsification, distortion or misrepresentation with respect to any facts related to the project(s)described in this Agreement is a violation of the Federal Law. Accordingly, United States Code, Title 18, Section 1020, is hereby incorporated by reference and made a part of this Agreement. M. It is understood and agreed that if the Consultant at any time learns that the certification it provided the County in compliance with 49 CFR, Section 26.51, was erroneous when submitted or has become erroneous by reason of changed circumstances,the Consultant shall provide immediate written notice to the County. It is further agreed that the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" as set forth in 49 CFR, Section 29.510, shall be included by the Consultant in all lower tier covered transactions and in all aforementioned federal regulation. N. The County hereby certifies that neither the consultant nor the consultant's representative has been required by the County directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract, to: 1. employ or retain, or agree to employ or retain, any firm or person; or, 2. pay,or agree to pay,to any firm, person, or organization, any fee,contribution, donation, or consideration of any kind. The County further acknowledges that this agreement will be furnished to a federal agency, in connection with this contract involving participation of Federal-Aid funds, and is subject to applicable State and Federal Laws, both criminal and civil. 0. The Consultant hereby certifies that it has not: 1. employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above contractor)to solicit or secure this contract; 2. agreed,as an express or implied condition for obtaining this contract,to employ or retain the services of any firm or person in connection with carrying out this contract; or 3. paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above contractor)any fee contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the contract. The consultant further acknowledges that this agreement will be furnished to the County and a federal agency in connection with this contract involving participation of Federal- Aidfunds, and is subject to applicable State and Federal Laws, both criminal and civil. r� " STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-30 TRUTH IN NEGOTIATION CERTIFICATION PROCUREMENT 05!14 Pursuant to Section 287.055(5)(a), Florida Statutes, for any lump-sum or cost-plus-a-fixed fee professional services contract over the threshold amount provided in Section 287.017, Florida Statutes for CATEGORY FOUR, the Department of Transportation (Department) requires the Consultant to execute this certificate and include it with the submittal of the Technical Proposal, or as prescribed in the contract advertisement. The Consultant hereby certifies, covenants, and warrants that wage rates and other factual unit costs supporting the compensation for this project's agreement are accurate, complete, and current at the time of contracting. The Consultant further agrees that the original agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the Department determines the agreement price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such agreement adjustments shall be made within (1)year following the end of the contract. For purposes of this certificate, the end of the agreement shall be deemed to be the date of final billing or acceptance of the work by the Department, whichever is later. VIBEnoineerinq, Inc. Name of Consultant By: i n! , .— 7/21/2014 Date STATE OF FLORIDA OEPARTMET OF TRANSPORTA11ON 375430-50 CONFLICT OF INTEREST CERTIFICATION PRoCU«EMsm TECHNICAL REVIEW COMMITTEE 01/12 I cethat I have no present conflict of interest on the projects identified below, and that I will recuse lf from any capacity of decision making,approval, disappmvo|, or recommendation of a consultant/contractor/vendorconsultant/contractor/vendor for selection on any contract if I have a conflict of interest or a potential conflict of interest. As set forth in Sections 112.313 and 334.193. Florida Statutes, employees of the Department may not have any interest, financial or otherwise, direct or indirect;engage in any business transaction or professional activity, or accept any obligation of any kind which is in conflict with the proper conduct of the:r duties in the public interest. I recognize that emplo es a expected to honor the ethical obligations inherent in public service. These obligations go beyond mere legal obligations and demand from the employee a greater sensitivity to his or her conduct, as well as the publics perception of such concuc:. Employees are expected to safeguard their ability to make objective, hair, and impartial dooio)ono, and therefore may not accept benefits of any sort under orcumstances in which it could be inferred by a reasonable observer that the benefit was intended to influence a pending or future decision of theirs, or to reward a past decision. Employees should avoid any conduct(whether in the context of business, financial, or social relationships)vvhiohm|ghtundnrminethepub|ictruat whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety. I realize that violation of the above mentioned statutes would oe punishable in accordance with Section 112.317 or Section 334.193, Florida Statutes, and could result in disciplinary action by the Department. Project Description(s): LAP Grant Solicitation for Network Study and Analysis of Collier County Traffice Operations network Infrastructure. Financial Project Number(s): FDOT Lap Agreement FM#430008'1'18'O1 Technical Review Committee Members: Each undersigned individual hereby he/she has no conflicts of interes related to the procurement identified above, or the entities evaluated for the project(s). Printed Names Signatures Date Millie Kaseeska Rick Bossert Evelyn Colon Karen Oberrati ' ^ r^ ,'^��°�, , �^_�� zx,/ Rookmin Nauth / Sandra Herrera —� '— ----'--- \\ \\3 \� � . Neil Randal Aaron Cromer �\ 3 Anthony Khawaja // Miff ReedJomi ��zEkm A '?`:;71^LA8�1" ' - �� STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-03C--`.o CONFLICT OF INTEREST CERTIFICATION PROCUREMENT TECHNICAL REVIEW COMMITTEE 01/12 I certify that I have no present conflict of interest on the projects identified below, and that I will recuse myself from any capacity of decision making, approval, disapproval, or recommendation of any consultant/contractor/vendor for selection on any contract if I have a conflict of interest or a potential conflict of interest. As set forth in Sections 112.313 and 334.193, Florida Statutes, employees of the Department may not have any interest, financial or otherwise, director indirect;engage in any business transaction or professional activity; or accept any obligation of any kind which is in conflict with the proper conduct of their duties in the public interest. I recognize that employees are expected to honor the ethical obligations inherent in public service. —hese obligations go beyond mere legal obligations and demand from the employee a greater sensitivity to his or her conduct, as well as the public's perception of such conduct. Employees are expected to safeguard their ability to make objective, fair, and impartial decisions, and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable observer that the benefit was intended to influence a pending or future decision of theirs, or to reward a past decision. Employees should avoid any conduct(whether in the context of business, financial,or social relationships)which might undermine the public trust, whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety. I realize that violation of the above mentioned statutes would be punishable in accordance with Section 112,317 or Section 334.193, Florida Statutes, and could result in disciplinary action by the Department. Project Description(s): LAP Grant Solicitation for Network Study and Analysis of Collier County Traffice Operations network Infrastructure. Financial Project Number(s): FDOT Lap Agreement FM#430868-1-18-01 Technical Review Committee Members: Each undersigned individual hereby attests that he/she has no conflicts of interest related to the procurement identified above, or the entities evaluated for the project(s). Printed Names Signatures Date Millie Kaseeska .. Ct 1� ) "'/tr? a :C -i. , Rick Bossert �+ «►! e ��'*`+ -- //f/`/ .2o/g Evelyn Colon Karer Oberrath Rookmin Nauth i I I t j L t o r r. Sandra Herrera Neil Randal _ 111°-"" Aaron Cromer I j. IS. t Anthony Khawaja ViV 111 Miff Reed Jarvi r/ * A IL STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375030-50 CONFLICT OF INTEREST CERTIFICATION PROCUREMENT 01/12. TECHNICAL REVIEW COMMITTEE I certify that I have no present conflict of interest on the projects Identified below,and that I will recuse myself from any capacity of decision making, approval,disapproval, or recommendation of any consultant/contractor/vendor for selection on any contract if I have a conflict of interest or a potential conflict of interest. As set forth in Sections 112.313 and 334.193, Florida Statutes, employees of the Department may not have any interest,financial or otherwise, direct or indirect;engage in any business transaction or professional activity;or accept any obligation of any kind which is in conflict with the proper conduct of their duties in the public interest. I recognize that employees are expected to honor the ethical obligations inherent in public service. These obligations go beyond mere legal obligations and demand from the employee a greater sensitivity to his or her conduct, as well as the public's perception of such conduct. Employees are expected to safeguard their ability to make objective,fair, and impartial decisions, and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable observer that the benefit was intended to influence a pending or future decision of theirs,or to reward a past decision. Employees should avoid any conduct(whether in the context of business,financial, or social relationships)which might undermine the public trust, whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety. I realize that violation of the above mentioned statutes would be punishable in accordance with Section 112.317 or Section 334.193, Florida Statutes,and could result in disciplinary action by the Department. Project Description(s): LAP Grant Solicitation for Network Study and Analysis of Collier County Traffice Operations network Infrastructure. Financial Project Number(s): FDOT Lap Agreement FM#430868-1-18-01 Technical Review Committee Members: Each undersigned individual hereby attests that he/she has no conflicts of interest related to the procurement identified above,or the entities evaluated for the project(s). Printed Names Signatures Date Millie Kaseeska /� � Rick Bossert ,I `'%*^ G/ /'//Zu/y Evelyn Colon Karen Oberrath Rookmin Nauth 6\)0A)---- I r J f Lf'i r Sandra Herrera Neil Randall �7 /_.,r 4� f r//1-f /y`-/ Anto tf �J Anthony Khawaja r Reed Jarvi 4101.fflir l Convicted Vendor List/Convicted/ Suspended/Discriminatory/Complaints Vendor Li... Page 1 of 2 Department of Management Services Florida Department of Management Services > Business Operations > State Purchasing > Vendor Information > Convicted / Suspended / Discriminatory/ Complaints Vendor Lists > Convicted Vendor List Convicted Vendor List Section 287.133(3)(d), Florida Statutes,, provides that the Department of Management Services shall maintain a list of the names and addresses of those who have been disqualified from participating in the public contracting process under this section. The list includes: Revised: 8/20/14 Vendor Vendor Name/ Date Agency Convicted Vendor Number Address Suspended Not Applicable Jonathan A. Jenkins 08/14/14 DOT Convicted Vendor (11--_q 88.28 KB) Not Applicable Peter Clay 08/14/14 AHCA Convicted Vendor (.7 84.06 KB) Not Applicable Paul Behrens 08/11/14 AHCA Convicted Vendor (7711,017.74 KB) Not Applicable Todd S. Farha 08/14/14 AHCA Convicted Vendor ( ice 86.74 KB) Not Applicable William Kale 08/14/14 AHCA Convicted Vendor (. T 82.33 KB) Document reader download link • `:;;Adobe PDF Reader http://www.dms.myflorida.com/business_operations/state purchasing/vendor_informatio... 11/14/2014 Convicted Vendor List/Convicted/Suspended/Discriminatory/Complaints Vendor Li... Page 2 of 2 Terms and Conditions I Privacy Statement I Accessibility Statement I Copyright ©2014 Department of Management Services -State of Florida http://www.dms.myflorida.com/business_operations/state purchasing/vendor_informatio... 11/14/2014 Suspended Vendor List/Convicted/ Suspended/Discriminatory/Complaints Vendor Li... Page 1 of 8 Department of Management Services Florida Department of Management Services > Business Operations > State Purchasing > Vendor Information > Convicted / Suspended / Discriminatory / Complaints Vendor Lists > Suspended Vendor List Suspended Vendor List The following vendors have been removed from the Vendor List pursuant to Rule 60A-1.006, F.A.C. Revised July 17, 2014 Inactive per Department of State (INACTIVE PER DOS) Vendor Number Vendor Name/Address Date Agency',Notice of Suspended Default F953278704 9008 Group, Inc. dba Act-1 Group 1999 West 190th Street Torrance, CA 90504 F351778876 001 A & M Distributing 12-02-1998 2008 W. Lincoln Highway, Suite 499 Merryville, IN 46410-5337 F581209815 001 AAE Office Machines &Supplies 553 2nd Avenue Daytona Beach, FL 32114-3174 F650268537 ABC Computers, Inc. (INACTIVE PER 1901 N.W. 82 Ave. DOS) Miami, FL 33126 F59207683 011 Advanced Data Products (INACTIVE PER 48 Miracle Mile DOS) Miami, FL 33134-5404 F592570833 001 Alex Distributors, Inc. (INACTIVE PER 4360 E 10th Lane DOS) Hialeah, FL 33013-2527 F592731140 001 All Florida Contract Carpets, Inc. 3702 Northwest Passage 10-03-2000 Tallahassee, Florida 32303 (INACTIVE PER DOS) F383055757 001 American Bid Consultants (INACTIVE PER P.O. Box 251054 DOS) W. Bloomfield, MI 48325 F592630367 American Telecommunications DMS Services Corp. 03-14-2005 2812 Kelly Park Rd. Apopka, FL 32712 (INACTIVE PER DOS) F590471160 001 Anderson Surgical Supply (INACTIVE PER P.O. Box 1228 DOS) Tampa, FL 33601-1228 http://www.dms.myflorida.com/business_operations/state purchasing/vendor_informatio... 11/14/2014 Suspended Vendor List/Convicted/Suspended/Discriminatory/Complaints Vendor Li... Page 2 of 8 F720825843 001 Annette's Set 2640 Hodges Street Lake Charles, LA 70601-7312 F650750100 Answerthink 1001 Brickell Bay Drive, Suite 3000 Miami, FL 33131 F592908324 001 Bill Bryan Jeep Eagle, Inc. DMS 4800 N Highway 19A 09-12-1994 Mt. Dora, FL 32757 (INACTIVE PER DOS) F592236217 001 Bill Thomas Chevrolet, Inc. DMS P.O. Box 5708 09-12-1991 Tallahassee, FL 32314 (INACTIVE PER DOS) XXXXXX9444 001 B &3 Supplies 502 NW 57th Street #243 Gainesville, FL 32607-1608 F221901316 001 Bori Enterprises 463 Main Street Crosswicks, NJ 08515 F591766966 001 Bratton Machinery Supply (INACTIVE PER 1015 Commercial Street DOS) Tallahassee, FL 32304 F943184303 Broadvision, Inc. DMS Five Concourse Parkway 03-21-2005 Atlanta, GA 30328 (INACTIVE PER DOS) 80-0739547 Building Maintenance of America dba 07-02-2014 DMS Notice of Florida Building and Maintenance Default (P,`P; 333 North Falkenburg Road, #A117 575.81 KB) Tampa, FL 33619 F592217925 001 ;C &S Dist. of America, Inc. (INACTIVE PER P.O. Box 1056 DOS) Orange Park, FL 32067-1056 F381263910 001 Canton China & Equipment Co. 6309 Mack Avenue Detroit, MI 48207-2399 XXXXXX6961 CEC PC Consulting 03-18-2005 DMS 22846 Cypress Trail Drive Lutz, FL 33549 F501779929 001 Columbia Press P.O. Box 5756 Orlando, FL 32805 F541945793 DMS 03-14-2005 http://www.dms.myflorida.com/business_operations/state purchasing/vendor_informatio... 11/14/2014 Suspended Vendor List/Convicted/ Suspended/Discriminatory/Complaints Vendor Li... Page 3 of 8 Digital Paper Corporation 201 N. Union Street, Suite 140 (INACTIVE PER Alexandria, VA 22314 DOS) F591353708 001 Dimmit Chevrolet, Inc. 09-12-1991 DMS P.O. Box 14759 Clearwater, FL 34629-4759 F592418890 001 Diversified Distributors, Jax 1241 Haines Street F221900211 001 D R L Associates Broad Street Yardville, NJ 08620 F650143937 001 Ebonys Food Co., Inca (INACTIVE PER 1260 NE 159th Street DOS) North Miami Beach, FL 33162 F133954395 Enterprise Training Solutions 03-25-2005 DMS 410 Saw Mill River Road Ardsley, NY 10502 F590941263 001 Federal Pharamacal Corp. (INACTIVE PER 16600 NW 54th Avenue DOS) Miami Lakes, FL 33014-6115 F591620522 001 Florida Printing Services, Inc. (INACTIVE PER 3541 Fowler Street DOS) Fort Myers, FL 33901-0997 F591708508 001 Florida Specialty Paint Co. (INACTIVE PER 4517 Appleton Avenue DOS) Jacksonville, FL 32210-2031 XXXXXX4887 Forever Lawn & Landscaping Service 07-28-2005 DMS P.O. Box 93161 Lakeland, FL33804 F592336186 001 Godwin's Business Machines, Inc. (INACTIVE PER 213 E Brevard Street DOS) Tallahassee, FL 32301-1223 F592843153 001 Government Services Ind., Inc. (INACTIVE PER 5565 W Flagler Street DOS) Miami, FL 33134-1065 F221914532 001 Hamilton Uniforms, Inc Main Street &Chesterfield Road Crosswicks, NJ 08515 F591885810 001 Hernandez Office Supp. & Equip. (INACTIVE PER Corp. DOS) 300 NW 27th Avenue Miami, FL 33125-3031 F591377357 001 Hill Engineering Co. (INACTIVE PER P.O. Box 2517 DOS) Pensacola, FL 32513-2517 F592203557 001 Hose Products, Inc. 1411 SW 12th Avenue Pompano Beach, FL 33069-4725 592617784 Hub City Ford Mercury, Inc. 05-27-2014 DMS http://www.dms.myflorida.com/business_operations/state.purchasing/vendor_informatio... 11/14/2014 _1` Suspended Vendor List/Convicted/ Suspended/Discriminatory/Complaints Vendor Li... Page 4 of 8 Notice of Defualt (L ' 27.00 KB) 392068928 I Color Printing & Mailing, Inc. 02-20-2012 DEP Notice of 22873 Lockness Avenue Default (7 Torrance, CA 90501 320.17 KB) F570468351 001 International Plastics,Inc. 8 Tulip Street Greenville, SC 29609-3723 F411845368 International Technology Consultants ;DMS 14900 North Road 03-18-2005 Loxahatchee, FL 33470 (INACTIVE PER DOS) F592639976 001 International Trade & Barter, Inc. (INACTIVE PER 2876 NW 72nd Avenue DOS) Miami, FL 33122-1310 F943221352 Interwoven Inc. 03-14-2005 'DMS 3525 Piedmont Road Atlanta, GA 30305-1530 F590308175 001 Jefferies Food Company (INACTIVE PER 1100 Talleyrand Avenue DOS) Jacksonville, FL 32206-6048 XXXXXX5567 001 Jensen Fire Protection Co.1 1432-2 Parkshore Circle Fort Meyers, FL 33901 F592416853 001 Johnny Jones Smoke House (INACTIVE PER P.O. Box 581321 DOS) Miami, FL 33136 F361306952 001 Karroll's, Inc. (INACTIVE PER 1410 South Clinton Street DOS) Chicago, IL 60607 XXXXXX9083 001 Kirkland Meat Packing Co. (INACTIVE PER 1101 Bulls Bay Road DOS) Jacksonville, FL 32220-2500 F650032156 001 KMT Sales, Inc. (INACTIVE PER 2655 W 76th Street DOS) Hialeah, FL 33016 F362952689 001 Leta Laboratories, Inc. 6 Regent Lane Deerfield, IL 60015 F650089236 001 Long Office Supply Co. (INACTIVE PER P.O. Box 012021 DOS) Miami, FL 33101 F590336431 001 Long Office Supply Co. P.O. Box 012021 Miami, FL 33136-4191 F650419893 M Johnson &Associate DMS 445 NE 94th Street 03-17-2005 Miami, FL 33138 http://www.dms.myflorida.com/business_operations/state purchasing/vendor_informatio... 11/14/2014 Suspended Vendor List/Convicted/Suspended/Discriminatory/ Complaints Vendor Li... Page 5 of 8 (INACTIVE PER DOS) F592045422 001 Mackall Printing Service, Inca (INACTIVE PER 5558 Spring Park Rd. DOS) Jacksonville, FL 32216-5549 F592018093 001 Merrick International, Inc. (INACTIVE PER 18120 NW 16th Street DOS) Miami, FL 33169-4115 F592518865 001 Mid South Telecom, Inc. (INACTIVE PER 414 N. Brevard Avenue DOS) Arcadia, FL 33821-4504 F550333452 001 Midwest Communications Corp. 8875 NW 23rd Street Miami, FL 33172-2490 F592218537 002 Mitchell Printing 1184B Capital CircleNE Tallahassee, FL 32301-3519 F210721356 001 National Elec. Computer Supplies 3034 Winter Lake Road Lakeland, FL 33803-9707 F650380627 001 N & M Export 8010 SW 152nd Avenue #210 Miami, FL 33193 XXXXXX5689 001 Omnitek Mechanical Serv., Inc. 739 California Street 11-04-1988 Tallahassee, FL 32304-2019 (INACTIVE PER DOS) PharmChem, Inc. 4600 N. Beach Street Haltom City, TX 76180 F133429155 Philips Consumer Electronics 03-18-2005 DMS 64 Perimeter Center East Atlanta, GA 30346 F592295498 001 Phone World, Inc. (INACTIVE PER 1952 Congress AvenueSouth DOS) West Palm Beach, FL 33406-6674 F591313977 001 Roger Whitley Chevrolet, Inc. 09-12-1991 DMS 12300 North Florida Avenue Tampa, FL 33612 F583472488 RR Donnelley Logistics (Momentum (INACTIVE PER Logistics) DOS) F592818091 001 Saint Andrew Industries, Ind. (INACTIVE PER P.O. Box 1311 DOS) Panama City, FL. 32402-1311 F593053930 001 Shelbys Gourmet Foods (INACTIVE PER P.O. Box 1173 DOS) Orange Park, FL 32067 http://www.dms.myflorida.com/business_operations/state purchasing/vendor_informatio... 11/14/2014 Suspended Vendor List/Convicted/ Suspended/Discriminatory/Complaints Vendor Li... Page 6 of 8 F591549387 001 Southeastern Bus Sales 4357 Phillips Highway Jacksonville, FL 32207-6731 F590951783 001 Southern Gun Distributors, Inc. (INACTIVE PER 13490 NW 45th Avenue DOS) Opa Locka, FL 33054-4492 F630800063 001 Southern Bio Systems Dev. Corp. P.O. Box 9070 Prattville, AL 36067-0870 F592686769 002 Southern Communication 275 North Jefferson Street, Suite 208 Monticello, FL 32344-1936 F590802448 001 Stewart Warner Alemite Sales Co. (INACTIVE PER 5281 Edgewood Court DOS) Jacksonville, FL 32205-3601 F541217835 001 Summit Textile 10910H Southlake Court Richmond, VA 23236-3914 F592686769 001 •Tabco Enterprises (INACTIVE PER 275 North Jefferson Street #213 DOS) Monticello, FL 32344-1936 F591462592 001 •Tab of Tallahassee St et al, Inc. ** (INACTIVE PER 1408 Capital Circle NE #1 DOS) Tallahassee, FL 32308-6258 F592336378 001 The Shoe Affair 107 West College Avenue Tallahassee, FL 32301-7707 F591481749 001 Tracy Lane Stationers, Inc. (INACTIVE PER 4208 West Cypress Street DOS) Tampa, FL 33607-4133 F592232117 001 Tropabest, Inc. (INACTIVE PER 12300 Automobile Boulevard DOS) Clearwater, FL 34622-4437 F591109490 002 Tropicana Business Forms 2801 NW 35th Street Miami, FL 33142-5270 F592584335 001 USR/Solutions, Inc. (INACTIVE PER 1622 Talpeco Road DOS) Tallahassee, FL 32303-2944 F752559785 VCon, Inc. 03-18-2005 DMS 207 West Jules Verne Way Cary, NC 27511 XXXXXX9066 Velocity Express Southeast, Inc. DMS 03-28-2005 (INACTIVE PER DOS) F593642031 WeTrain Technologies DMS 1650 Summit Lake Dr. 03-16-2005 Tallahassee, FL 32317 http://www.dms.myflorida.com/business_operations/state purchasing/vendor_informatio... 11/14/2014 .,✓- Suspended Vendor List/Convicted/ Suspended/Discriminatory/Complaints Vendor Li... Page 7 of 8 (INACTIVE PER DOS) F590517380 001 Wright &Seaton, Inc. 251 Royal Calm Way Palm Beach, FL 33480 **(Note)** Not to be confused with: Tab Products of NE Florida 1019 Rosselle Street Jacksonville, FL 32204 (904)355-3300 Manager/Owner: Candy Boebeck Document reader download link • iAdobe PDF Reader • lL ivIS Word Viewer http://www.dms.myflorida.com/business_operations/state purchasing/vendor_informatio... 11/14/2014 Suspended Vendor List/Convicted/ Suspended/Discriminatory/Complaints Vendor Li... Page 8 of 8 Terms and Conditions I Privacy Statement I Accessibility Statement I Copyright ©2014 Department of Management Services - State of Florida http://www.dms.myflorida.com/business_operations/state purchasing/vendor_informatio... 11/14/2014 Discriminatory Vendor List/Convicted/ Suspended/Discriminatory/Complaints Vend... Page 1 of 2 Department of Management Services Florida Department of Management Services > Business Operations > State Purchasing > Vendor Information > Convicted / Suspended / Discriminatory / Complaints Vendor Lists > Discriminatory Vendor List Discriminatory Vendor List There are no entities currently on this list. http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_informatio... 11/14/2014 l `' Discriminatory Vendor List/Convicted/Suspended/Discriminatory/ Complaints Vend... Page 2 of 2 Terms and Conditions I Privacy Statement I Accessibility Statement I Copyright ©2014 Department of Management Services - State of Florida http://www.dms.myflorida.com/business_operations/state jDurchasing/vendor_informatio... 11/14/2014 Vendor Complaint List/ Convicted/ Suspended/Discriminatory/Complaints Vendor Li... Page 1 of 2 Department of Management Services Florida Department of Management Services > Business Operations > State Purchasing > Vendor Information > Convicted / Suspended / Discriminatory / Complaints Vendor Lists > Vendor Complaint List Vendor Complaint List The following table lists all formal Vendor Complaints issued to vendors by state agencies and received by the Department of Management Services. The Department tracks this information as part of its vendor management processes. Agencies are encouraged to review this information before making judgments about a vendor's responsibility pursuant to Rule 60A-1.006(1), Fla. Admin. Code. To export this table to Microsoft Excel follow these steps: • Right click on the table • Choose "Export to Microsoft Excel" Pending Complaints: Vendor Agency Issue Contract/PO Items of Issues Date # Order Canon DCF 09/22/14 STC#600-000-11- Multifunction Specifications/Requirements, USA, Inc. 1 Products, Customer Service ( 633.53 Printers, KB) Facsimile Equipment, Scanners, Related Software, Supplies and Services Creative Palm Beach 09/03/14 STC#991-705-09- Recycling Invoicing (7 2.87 MB) Recycling County 1 Services, End of (CRS) Sheriff's Life Electronics Office Equipment Pitney City of 03/26/14 STC#600-760-11- Mail Processing Specifications/Requirements, Bowes Miramar 1 Equipment Customer Service (i 152.83 KB) Skillsoft FDLE 11/12/14 ABOOFA On-line Training S ecifications/Requirements ( Corp. Services X_; 296.00 KB) Terminix DMS 05/30/14 STC#991-300-05- Pest Control Specifications/Requirements, 1 Services Delivery/Schedule, Customer Service (IN-1183.82 KB) Document reader download link • `:w:sAdobe PDF Reader http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_informatio... 11/14/2014 (,; Vendor Complaint List/Convicted/Suspended/Discriminatory/Complaints Vendor Li... Page 2 of 2 Terms and Conditions I Privacy Statement I Accessibility Statement I Copyright ©2014 Department of Management Services - State of Florida http://www.dms.myflorida.com/business_operations/state purchasing/vendor_informatio... 11/14/2014 ',