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Agenda 04/26/2016 Item #16E 3
Proposed Agenda Changes Board of County Commissioners Meeting April 26, 2016 Add On Item 4E: Proclamation designating April 30,2016 as Comcast Cares Day in Collier County, in recognition of Comcast's efforts to bring together more than 200 volunteers to beautify the Cindy Mysels Park in East Naples. To be accepted by Justin Damiano representing Comcast; Lois Ferguson representing Big Brothers Big Sisters; Hector Gonzalez representing Gulf Coast Little League; and Susan McManus representing Champions For Learning. (Commissioner Fiala's request) Move Item 17B to Item 9A: Recommendation to approve(adopt)the Hibiscus Residential Infill Subdistrict small-scale amendment to the Collier County Growth Management Plan,Ordinance 89- 05,as Amended,for transmittal to the Florida Department of Economic Opportunity. (Adoption Hearing) (PL20150002354/CPSS-2015-2) [Companion to Petition PUDA-PL20150002326] (Commissioner Fiala's request) Move Item 17C to Item 9B: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item,all participants are required to be sworn in. Recommendation to approve an Ordinance of the Board of County Commissioners of Collier County,Florida amending Ordinance Number 2015-25,the Hibiscus Residential Planned Unit Development,to increase the multi-family zoned height from 45 to 50 feet and the actual height from 50 to 55 feet; and to increase the number of residential units allowed per building from 12 units to 16 units and to correct a scrivener's error on the Master Plan. The subject property is located on the south side of Rattlesnake-Hammock Road at the intersection of Hibiscus Drive in Section 19,Township 50 South,Range 26 East,Collier County,Florida,consisting of 7.9+/-acres; and by providing an effective date(PUDA-PL20150002326) (Companion to PL20150002354/ CPSS-2015-3). (Commissioner Fiala's request) Move Item 16D6 to Item 11G: Recommendation to accept the preliminary needs assessment for setting spending priorities for the U.S. Housing and Urban Development(HUD) entitlement grant funds. (Commissioner Taylor's request) Continue Item 16J2 Indefinitely until such time as the Clerk certifies that the payables presented in this report have been pre-audited as previously specified by the Board: To provide the Board a "Payables Report" for the period ending April 13,2016 pursuant to the Board's request. (Commissioner Fiala's request) Move Item 16E3 to Item 11H: Recommendation to award contracts under Request For Proposal 15-6521, "Information Technology On- Call Services" to two consultants: Executive Alliance Group, Inc. and HyperTeam USA Business Consulting, Inc. to provide supplemental information technology (IT) services on an as needed basis. (Commissioner Henning's request) Proposed Agenda Changes Board of County Commissioners Meeting April 26, 2016 Page 2 Note: Item 16J1: To record in the minutes of the Board of County Commissioners,the check number (or other payment method),amount, payee,and purpose for which the referenced disbursements were drawn for the periods between March 31 to April 13,20136 pursuant to Florida Statute 136.06. (Clerk's Minutes and Records Department request) Commissioner Fiala will need to excuse herself from the meeting from 11:15 till after the lunch- break. Time Certain Items: Item 11F to be heard at 9:45 a.m. Item 14B1 to be heard at 10:00 a.m. Item 10B to be heard at 11:00 a.m. 4/26/2016 8:52 AM 4/26/2016 16.E.3. EXECUTIVE SUMMARY Recommendation to award contracts under Request For Proposal 15-6521, "Information Technology On-Call Services" to two consultants: Executive Alliance Group, Inc. and HyperTeam USA Business Consulting,Inc. to provide supplemental information technology (IT) services on an as needed basis. OBJECTIVE: To give County Divisions access to multiple consultants to provide competitive contracts, rates, terms, and conditions for use as needed for Information Technology related services when Information Technology resources are not available. CONSIDERATIONS: "Information Technology On-Call Services" contractors are used to augment County IT staff with external resources. These contracts provide a means to access a diverse set of IT skills at various hourly rates. The Purchasing Department issued RFP #15-6521 on Nov. 10, 2015, soliciting proposals for "IT On Call Services." Notices were emailed to 1,256 firms; 52 packages were downloaded and two (2) proposals were submitted. A selection committee ranked the two (2) proposals, and selected two (2) firms. Selection was based on the vendors' qualifications and experience to deliver the required skills and hourly pricing was also considered. The Committee's final ranking sheet is attached for review. Staff recommends contracts to the following two consultants: Executive Alliance Group,Inc. and HyperTeam USA Business Consulting, Inc. FISCAL IMPACT: Funding for these contracts will come from appropriated operating or capital funds from agency divisions/departments that require additional technical services. To date, various divisions/departments in Collier County have spent $176,000 annually utilizing the Information Technology On Call Services contract. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires majority vote for approval.—CMG RECOMMENDATION: That the Board of County Commissioners awards RFP 15-6521, "IT On Call Services" to Executive Alliance Group, Inc. and HyperTeam USA Business Consulting, Inc. and authorizes the Chairman to execute the County Attorney approved contracts. Prepared By: Richard J. Badge,Applications Manager,Information Technology Division Attachments: 1) Exhibit A_15-6521 IT On Call Services-RFP 2) RFP#15-6521 Scoring Final Rank 3) Professional Service Agreement-Executive Alliance Group,Inc. 4) Consultant's Proposal -Executive Alliance Group,Inc. 5) Consultant's Proposal-HyperTeam USA Business and IT Consulting,Inc. 6) Professional Service Agreement-HyperTeam USA Business and IT Consulting,Inc. Revised 9/15/2015 version 15.1 Packet Page -1977- 4/26/2016 16.E.3. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.E.16.E.3. Item Summary: Recommendation to award contracts under Request For Proposal 15- 6521, "Information Technology On-Call Services" to two consultants: Executive Alliance Group, Inc. and HyperTeam USA Business Consulting, Inc. to provide information technology (IT) skills and services on an as needed basis. Meeting Date: 4/26/2016 Prepared By Name: BadgeRichard Title: Manager-IT Customer Rel and Apps Mgmt,Information Technology 3/16/2016 1:36:11 PM Submitted by Title: Manager-IT Customer Rel and Apps Mgmt,Information Technology Name: BadgeRichard 3/16/2016 1:36:13 PM Approved By Name: pochopinpat Title: Operations Coordinator,Administrative Services Department Date: 3/21/2016 12:30:18 PM Name: HerreraSandra Title: Manager-Procurement,Procurement Services Date: 3/25/2016 9:59:58 AM Name: BurnsRhonda Title: Procurement Specialist, Procurement Services Date: 3/25/2016 11:15:49 AM Name: BerriosMike Title: Division Director-Information Tech,Information Technology Date: 3/25/2016 3:02:43 PM Packet Page -1978- 4/26/2016 16.E.3. Name: MarkiewiczJoanne Title: Division Director-Procurement Services,Procurement Services Date: 3/28/2016 11:40:53 AM Name: GreeneColleen Title:Assistant County Attorney, CAO General Services Date: 3/31/2016 11:46:36 AM Name: PriceLen Title: Department Head-Administrative Svc, Administrative Services Department Date: 4/13/2016 9:17:26 AM Name: GreeneColleen Title: Assistant County Attorney, CAO General Services Date: 4/13/2016 9:53:39 AM Name: WellsLaura Title: Management/Budget Analyst, Senior, Office of Management&Budget Date: 4/13/2016 1:40:31 PM Name: KlatzkowJeff Title: County Attorney, Date: 4/14/2016 3:16:04 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 4/15/2016 4:14:53 PM Packet Page -1979- 4/26/2016 16.E.3. Contract 15-6521 Information Technology On-Call Services FIXED TERM CONTRACT FOR SERVICES THIS AGREEMENT is made and entered into this day of 2016, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY" or "OWNER") and Executive Alliance Group Inc., authorized to do business in the State of Florida, whose business address is 5959 SE Federal Highway, PMB 326, Stuart, Florida 34997, (hereinafter referred to as the "CONSULTANT"). WITNESSETH: WHEREAS, it is in the best interests of OWNER to be able to obtain CONSULTANT Information Technology services expeditiously when a need arises in connection with a Collier County project; and NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE 1 CONSULTANT'S RESPONSIBILITY 1.1 From time to time upon the written request or direction of OWNER as hereinafter provided, CONSULTANT shall provide to OWNER Information Technology services (hereinafter the Contract#15-6521 Information Technology On-Call Services Executive Alliance Group,Inc. Packet Page -1980- 4/26/2016 16.E.3. "Services") as herein set forth. The term "Services" includes all Additional Services authorized by written Amendment or Change Order as hereafter provided. 1.2 All Services to be performed by CONSULTANT pursuant to this Agreement shall be in conformance with the scope of services, which shall be described in a Work Order issued pursuant to the procedures described herein. The form of the Work Order is set forth in attached Schedule A. Reference to the term "Work Order" herein, with respect to authorization of Services, includes all written Amendments or Change Orders to any particular Work Order. CONSULTANT acknowledges and agrees that each individual Work Order shall not exceed $200,000 unless otherwise approved in writing by the Board of County Commissioners, and that the total initial compensation for all Work Orders issued under this Agreement shall not exceed $750,000 annually, unless otherwise approved in writing by the Board of County Commissioners of Collier County. 1.2.1 All Services must be authorized in writing by OWNER in the form of a Work Order. CONSULTANT shall not provide any Services to OWNER unless and to the extent they are required in a written Work Order. Any Services provided by CONSULTANT without a written Work Order shall be at CONSULTANT'S own risk and OWNER shall have no liability for such Services. 1.2.2 As OWNER identifies certain Services it wishes CONSULTANT to provide pursuant to the terms of this Agreement, OWNER shall request a proposal from CONSULTANT for such Services, said proposal to be in compliance with the terms of this Agreement. If the parties reach an agreement with respect to such Services, including, but not limited to the scope, compensation and schedule for performance of those Services, a Work Order shall be prepared which incorporates the terms of the 2 Contract#16-6521 Information Technology On-Call Services Executive Alliance Group,Inc. 90. Packet Page -1981- 4/26/2016 16.E.3. understanding reached by the parties with respect to such Services and if both parties are in agreement therewith, they shall jointly execute the Work Order. 1.2.3 Upon execution of a Work Order as aforesaid, CONSULTANT agrees to promptly provide the Services required thereby, in accordance with the terms of this Agreement and the subject Work Order. 1.2.4 It is mutually understood and agreed that the nature, amount and frequency of the Services shall be determined solely by OWNER and that OWNER does not represent or guarantee unto CONSULTANT that any specific amount of Services will be requested or required of CONSULTANT pursuant to this Agreement. 1.2.5 CONSULTANT shall have no authority to act as the agent of OWNER under this Agreement or any Work Order, or to obligate OWNER in any manner or way. 1.2.6 All duly executed Work Orders (including all written Amendments or Change Orders thereto) are hereby incorporated into and made a part of this Agreement by reference. 1.3 CONSULTANT hereby designates Robert Gazdowicz, as its Principal in Charge (hereinafter referred to as the "Principal in Charge") with full authority to bind and obligate CONSULTANT on all matters arising out of or relating to this Agreement. In each Work Order CONSULTANT will designate a qualified Information Technology professional to serve as CONSULTANT'S project coordinator for the Services to be provided under that Work Order (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the Services to 3 Contract#15-6521 Information Technology On-Call Services Executive Alliance Group,Inc. Packet Page-1982- 4/26/2016 16.E.3. be provided and performed under the Work Order. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to the Work Order. The CONSULTANT agrees that the Principal in Charge and the Project Coordinators shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT under the Work Order. CONSULTANT further agrees that the Principal in Charge and Project Coordinators shall not be removed by CONSULTANT without OWNER'S prior written approval, and if so removed must be immediately replaced with a person acceptable to OWNER. 1.4 CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from OWNER to promptly remove and replace the Principal in Charge or any Project Coordinator, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform any of the Services pursuant to the requirements of this Agreement or any applicable Work Order, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to OWNER. 1.5 The CONSULTANT represents to the OWNER that it has expertise and experience in the type of professional Information Technology services that will be required under this Agreement. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER'S review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all applicable laws, statutes, including but not limited to ordinances, codes, rules, regulations and requirements of any governmental agencies, and the Florida Building Code where applicable, which regulate or have jurisdiction over the Services to be provided and performed by CONSULTANT 4 Contract#15.6521 Information Technology On-Call Services Executive Alliance Group,Inc. 0 Packet Page-1983- 4/26/2016 16.E.3. hereunder, the Local Government Prompt Payment Act (218.735 and 218.76 F.S.), as amended, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(d) and (3) as follows: (2) In addition to other contract requirements provided by law, each public agency contract for services must include a provision that requires the contractor to comply with public records laws, specifically to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. (3) If a contractor does not comply with a public records request, the public agency shall enforce the contract provisions in accordance with the contract. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of 5 Contract#15-6521 Information Technology On-Call Services Executive Alliance Group,Inc. 0 Packet Page -1984- 4/26/2016 16.E.3. each such conflict. OWNER'S approval of any design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful completion of the Services required under the subject Work Order. 1.6 CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER'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 OWNER prompt written notice of any such subpoenas. 1.7 The County reserves the right to deduct portions of the (monthly) invoiced (task) amount for the following: Tasks not completed within the expressed time frame, including required deliverables, incomplete and/or deficient documents, failure to comply with local, state and/or federal requirements and/or codes and ordinances applicable to Consultant's performance of the work as related to the project. This list is not deemed to be all-inclusive, and the County reserves the right to make sole determination regarding deductions. After notification of deficiency, if the Consultant fails to correct the deficiency within the specified timeframe, these funds would be forfeited by the Consultant. The County may also deduct or charge the Consultant for services and/or items necessary to correct the deficiencies directly related to the Consultant's non-performance whether or not the County obtained substitute performance. 6 Contract#15-6521 Information Technology On-Call Services Executive Alliance Group,Inc. Packet Page -1985- 4/26/2016 16.E.3. ARTICLE 2 ADDITIONAL SERVICES OF CONSULTANT 2.1 If authorized in writing by Owner through an Amendment or Change Order to a Work Order, CONSULTANT shall furnish or obtain from others Additional Services beyond those Services originally authorized in the Work Order. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Amendment or Change Order authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in OWNER'S Procurement Ordinance and Procedures in effect at the time such services are authorized. Except in an emergency endangering life or property, any Additional Services must be approved in writing via an Amendment or Change Order to the subject Work Order prior to starting such services. OWNER will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Services originally required of CONSULTANT under the subject Work Order. If OWNER determines that a change in a Work Order is required because of the action taken by CONSULTANT in response to an emergency, an Amendment or Change Order shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to OWNER of the emergency within forty-eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an adjustment to its compensation or time of performance under the subject Work Order. 7 Contract#15-6521 Information Technology On-Call Services Executive Alliance Group,Inc. 0 Packet Page-1986- 4/26/2016 16.E.3. ARTICLE 3 OWNER'S RESPONSIBILITIES 3.1 For each Work Order, OWNER shall designate in writing a project manager to act as OWNER'S representative with respect to the Services to be rendered under the Work Order (hereinafter referred. to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, interpret and define OWNER'S policies and decisions with respect to CONSULTANT'S Services under the Work Order. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of Services to be provided and performed by the CONSULTANT as set forth in the Work Order; (b) The time the CONSULTANT is obligated to commence and complete all such Services as set forth in the Work Order; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT as set forth in the Work Order. 3.2 The Project Manager shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER'S requirements for the Services specified in the Work Order, including design 8 Contract#15-6521 Information Technology On-Call Services Executive Alliance Group,Inc. Packet Page 4987- 4/26/2016 16.E.3. objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT'S disposal all available information in the OWNER'S possession pertinent to the Services specified in the Work Order, including existing specifications, product literature, previous reports and any other data relative to the subject Work Order; (d) Arrange for access to and make all provisions for CONSULTANT to enter the site (if any) set forth in the Work Order to perform the Services to be provided by CONSULTANT under the subject Work Order; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the Services to be rendered by CONSULTANT hereunder. ARTICLE 4 TIME 4.1 Each Work Order will have a time schedule ("Schedule") for the performance of the Services required under the subject Work Order. Services to be rendered by CONSULTANT shall be commenced, performed and completed in accordance with the Work Order and the Schedule. Time is of the essence with respect to the performance of the Services under each Work Order. 4.2 Should CONSULTANT be obstructed or delayed in the prosecution or completion of the Services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, 9 Contract#15-6521 Information Technology On-Call Services Executive Alliance Group,Inc. Packet Page -1988- 4/26/2016 16.E.3. then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 4.3 Unless otherwise expressly provided in the Work Order, no interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT'S Services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to the Schedule; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. 4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the Services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT under this Agreement (including any and all Work Orders) until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER'S satisfaction that the CONSULTANT'S performance is or will shortly be back on schedule. 4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue performing Work under any particular Work Order or any payment issued by OWNER to CONSULTANT be 10 Contract#15-6521 information Technology On-Call Services Executive Alliance Group,Inc. 0 Packet Page -1989- 4/26/2016 16.E.3. deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or any other damages hereunder. 4.6 The period of service shall be from the date of execution of this Agreement through two (2) years from that date, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. This Agreement may be renewed for two (2) additional one (1) year renewal period. Any such annual renewal shall be agreed to, in writing, by both parties. ARTICLE 5 COMPENSATION 5.1 Compensation and the manner of payment of such compensation by the OWNER for Services rendered hereunder by CONSULTANT shall be as prescribed in each Work Order. The Project Manager, or designee, reserves the right to request proposals from this agreement utilizing any of the following Price Methodologies: Lump Sum (Fixed Price): a firm fixed total price offering for a project; the risks are transferred from the County to the Consultant; and, as a business practice there are no hourly or material invoices presented, rather, the Consultant must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. Time and Materials: the County agrees to pay the contractor for the amount of labor time spent by the Consultant's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's mark up). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would 11 Contract#15-6521 Information Technology On-Call Services Executive Alliance Group,Inc. 0 Packet Page -1990- 4/26/2016 16.E.3. most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. Unit Price: the County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). CONSULTANT agrees to furnish OWNER, after the end of each calendar month, or as specified in the Work Order, a statement of charges for the Services performed and rendered by CONSULTANT during that time period, and for any OWNER authorized reimbursable expenses as herein below defined, incurred and/or paid by CONSULTANT during that time period. The monthly statement shall be in such form and supported by such documentation as may be required by OWNER. All such statement shall be on CONSULTANT'S letterhead and shall indicate the Agreement Number, Work Order/Purchase Order Number and Project Site description (if any). 5.2 The hourly rates as set forth and identified in Schedule B, which is attached hereto, shall apply only to projects procured under the Time and Materials pricing methodology specified in paragraph 5.1 above. 5.2.1 OWNER agrees to reimburse CONSULTANT for all necessary and reasonable reimbursable expenses incurred or paid by CONSULTANT in connection with CONSULTANT'S performance of the Services, at its direct cost with no markup, to the extent such reimbursement is permitted in the Work Order and in accordance with Section 112.061, F.S., or as set forth below. 12 Contract#15-6521 Information Technology on-Call Services Executive Alliance Group,Inc. S Packet Page -1991- 4/26/2016 16.E.3. -5.2.2 Reimbursable expenses shall be invoiced for the expenditures incurred by the CONSULTANT as follows: 5.2.2.1. Expenses of transportation and living when traveling in connection with each Work Order, except for local travel within Collier or Lee Counties, as provided in Section 112.061, F.S., and all Contract-related mileage for trips that are from/to destinations outside of Collier or Lee Counties approved by OWNER. 5.2.2.2 Expenses for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications, including duplicate sets at the completion of each Work Order for the OWNER'S review and approval. 5.2.2.3. Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. 5.2.2.4. Expense of models for the OWNER'S use. 5.2.2.5. Fees paid for securing approval of authorities having jurisdiction over the Work Order required under the applicable Work Order. 5.2.2.6. Other items on request and approved in writing by the OWNER. 5.2.3 CONSULTANT shall obtain the prior written approval of OWNER before incurring any of the aforesaid reimbursable expenses, and absent such prior approval, no expenses incurred by CONSULTANT will be deemed to be a reimbursable expense. 5.3 CONSULTANT shall bear and pay all overhead and other expenses, except for authorized reimbursable expenses, incurred by CONSULTANT in the performance of the Services. 13 Contract#15-6521 Information Technology On-Call Services Executive Alliance Group,Inc. 416 Packet Page -1992- 4/26/2016 16.E.3. 5.4 Prior to issuing any Work Order pursuant to this Agreement, OWNER may request that CONSULTANT in writing advise OWNER of (i) the estimated time of CONSULTANT'S personnel and the estimated fees thereof for the proposed work to be specified in the Work Order; and (ii) the estimated charge to OWNER for the reimbursable expenses applicable to the contemplated Services to be performed by CONSULTANT under the proposed Work Order. CONSULTANT shall promptly supply such estimate to OWNER based on CONSULTANT'S good faith analysis. 5.5 CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT on any particular Work Order, CONSULTANT shall be limited to a maximum markup of five percent (5%) on the fees and expenses associated with such subconsultants and subcontractors. 5.6 Payments for Basic Services and Additional Basic Services as set forth herein, or in the Work Order shall be made upon presentation of the CONSULTANT'S itemized invoice approved by OWNER. 5.6.1 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 "'aches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 5.7 Records of Reimbursable Expenses shall be kept on a generally recognized accounting basis. 14 Contract#15.6521 Information Technology On-Call Services Executive Alliance Group,Inc. 0 Packet Page -1993- 4/26/2016 16.E.3. 5.8 The County reserves the right to deduct portions of the (monthly) invoiced (task) amount for the following: Tasks not completed within the expressed time frame, including required deliverables, incomplete and/or deficient documents, failure to comply with local, state and/or federal requirements and/or codes and ordinances applicable to Consultant's performance of the work as related to the project. This list is not deemed to be all-inclusive, and the County reserves the right to make sole determination regarding deductions. After notification of deficiency, if the Consultant fails to correct the deficiency within the specified timeframe, these funds would be forfeited by the Consultant. The County may also deduct or charge the Consultant for services and/or items necessary to correct the deficiencies directly related to the Consultant's non-performance. ARTICLE 6 OWNERSHIP OF DOCUMENTS 6.1 Upon the completion or termination of each Work Order, as directed by OWNER, CONSULTANT shall deliver to OWNER 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 CONSULTANT under the applicable Work Order ("Project Documents"). OWNER shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to OWNER the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2 Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive, 15 Contract#15-6521 Information Technology On-Call Services Executive Alliance Group,Inc. 411) Packet Page -1994- 4/26/2016 16.E.3. irrevocable license in all of the Project Documents for OWNER'S use with respect to the applicable authorized project or task. CONSULTANT warrants to OWNER that it has full right and authority to grant this license to OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to complete the subject project or task following CONSULTANT'S termination for any reason or task. CONSULTANT also acknowledges OWNER may be making Project Documents available for review and information to various third parties and hereby consents to such use by OWNER. ARTICLE 7 MAINTENANCE OF RECORDS 7.1 CONSULTANT will keep adequate records and supporting documentation which concern or reflect the Services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Work Order is completed, whichever is later, or such later date as may be required by law. OWNER, or any duly authorized agents or representatives of OWNER, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. 7.2 The records specified above in paragraph 7.1 include accurate time records, which CONSULTANT agrees to keep and maintain, from day to day, showing the time expended by each principal and employee of CONSULTANT in performing the Services and therein specifying the 16 Contract#15-6521 Information Technology On-Call Services Executive Alliance Group,Inc. Packet Page -1995- 4/26/2016 16.E.3. services performed by each, with all such time records to be kept within one-half of an hour. At the request of OWNER, or as specified in the Work Order, CONSULTANT shall furnish to OWNER any of the aforesaid time records, as well as invoices or proofs showing CONSULTANT'S incurrence and/or payment of any reimbursable expenses. ARTICLE 8 INDEMNIFICATION 8.1 To the maximum extent permitted by law, CONSULTANT shall indemnify and hold harmless OWNER, 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 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 8.1. 8.2 The duty to defend under this Article 8 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the CONSULTANT, OWNER and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to CONSULTANT. CONSULTANT'S obligation to indemnify and defend under this Article 8 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the OWNER or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 17 Contract#1 5-6521 Information Technology On-Call Services Executive Alliance Group,Inc. 0 Packet Page -1996- 4/26/2016 16.E.3. ARTICLE 9 INSURANCE 9.1 CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts described herein and further set forth in Schedule C to this Agreement. 9.2 All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3 All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1 All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County Board of County Commissioners, Collier County, Florida, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests provisions. 9.3.2 Companies issuing the insurance policy or policies shall have no recourse against OWNER for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3 All insurance coverages of CONSULTANT shall be primary to any insurance or self- insurance program carried by OWNER, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by OWNER. 18 Contract#15-6521 Information Technology On-Call Services Executive Alliance Group,Inc. 0 Packet Page -1997- 4/26/2016 16.E.3. 9.3.4 The Certificates of Insurance, which are to be provided in an Occurrence Form patterned after the current I.S.O. form with no limiting endorsements, must reference and identify this Agreement. 9.3.5 All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.4 CONSULTANT, its subconsultants and OWNER shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by OWNER, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5 All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1 The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2 The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. ARTICLE 10 SERVICES BY CONSULTANT'S OWN STAFF 10.1 The Services to be performed hereunder shall be performed by CONSULTANT'S own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, 19 Contract#15-6521 information Technology On-Call Services Executive Alliance Group,Inc. Packet Page -1998- 4/26/2016 16.E.3. shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may then otherwise exist without regard to this Agreement. 10.2 Attached to each Work Order shall be a Schedule that lists all of the key personnel CONSULTANT intends to assign to perform the Services required under that Work Order. Such personnel shall be committed to the project or task specified in the Work Order in accordance with the percentages noted in the attached Schedule. CONSULTANT shall also identify in that Schedule each subconsultant and subcontractor it intends to utilize with respect to the subject Work Order. All personnel, subconsultants and subcontractors identified in the Schedule shall not be removed or replaced without OWNER'S prior written consent. 10.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this Agreement and any subsequently issued Work Order, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement and any subsequently issued Work Order, assumes toward the OWNER. Each subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER under this Agreement, and any subsequently issued Work Order, with respect to the Services to be performed by the subconsultant or subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall 20 Contract#15-6521 Information Technology On-Call Services Executive Alliance Group,Inc. 0 Packet Page -1999- 4/26/2016 16.E.3. require each subconsultant or subcontractor to enter into similar agreements with its sub- subconsultants or sub-subcontractors. 10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between OWNER and any subconsultant or subcontractor. ARTICLE 11 WAIVER OF CLAIMS 11.1 CONSULTANT'S acceptance of final payment for Services provide under any Work Order shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of the Work Order or otherwise related to those Services, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT in its final invoice for the subject Work Order as unsettled. Neither the acceptance of CONSULTANT'S Services nor payment by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT. ARTICLE 12 TERMINATION OR SUSPENSION 12.1 This Agreement is a fixed term contract for the professional services of CONSULTANT. It is agreed that either party hereto shall at any and all times have the right and option to terminate this Agreement by giving to the other party not less than thirty (30) days prior written notice of such 21 Contract#15-6521 Information Technology On-Call Services Executive Alliance Group,Inc. Packet Page -2000- 4/26/2016 16.E.3. termination. Upon this Agreement being so terminated by either party hereto, neither party hereto shall have any further rights or obligations under this Agreement subsequent to the date of termination, except that Services specified to be performed under a previously issued Work Order, shall proceed to completion under the terms of this Agreement. 12.2 CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement and any Work Orders in effect, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin Services under any particular Work Order within the times specified under that Work Order, or (b) CONSULTANT'S failure to properly and timely perform the Services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers or directors, or(d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditions of this Agreement and any Work Orders in effect, or (f) for any other just cause. The OWNER may so terminate this Agreement and any Work Orders in effect, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.3 If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.2, then the notice of termination given pursuant to paragraph 12.2 shall be deemed to be the notice of termination provided for in paragraph 12.4, below, and CONSULTANT'S remedies 22 Contract#15-6521 Information Technology On-Call Services Executive Alliance Group,Inc. Packet Page-2001- 4/26/2016 16.E.3. against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.4 below. 12.4 Notwithstanding anything herein to the contrary (including the provisions of paragraph 12.1 above), OWNER shall have the right to terminate this Agreement and any Work Orders in effect, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, for any Work Orders so cancelled, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on Services not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.5 Upon termination and as directed by OWNER, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including those described in Section 6, that are in CONSULTANT'S possession or under its control arising out of or relating to this Agreement or any Work Orders. 12.6 The OWNER shall have the power to suspend all or any portions of the Services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the Services to be rendered hereunder are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. 23 Contract#15.5521 Information Technology On-Call Services Executive Alliance Group,Inc. Packet Page -2002- 4/26/2016 16.E.3. 12.7 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within forty- five (45) days after such payment is due as set forth in the Work Order or such other time as required by Florida's Prompt Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed by OWNER to CONSULTANT under this Agreement or subsequently issued Work Order, and (ii) OWNER has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under the subject Work Order until such default is cured, after giving OWNER a second fourteen (14) days written • notice of CONSULTANT'S intention to stop performance under the applicable Work Order. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate the subject Work Order by giving written notice to OWNER of CONSULTANT'S intent to terminate that Work Order. If OWNER does not cure its default within fourteen (14) days after receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the OWNER, terminate the subject Work Order and recover from the Owner payment for Services performed through the termination date, but in no event shall CONSULTANT be entitled to payment for Services not performed or any other damages from Owner. ARTICLE 13 CONFLICT OF INTEREST 13.1 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 24 Contract#15-6521 Information Technology On-Call Services Executive Alliance Group,Inc. 0 Packet Page -2003- 4/26/2016 16.E3. hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those Services. ARTICLE 14 MODIFICATION 14.1 No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE 15 NOTICES AND ADDRESS OF RECORD 15.1 All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following OWNER'S address of record: Board of County Commissioners Collier County Florida Procurement Services Division 3327 Tamiami Trail East Naples, FL 34112 Attention: Joanne Markiewicz, Director, Procurement Services Division Telephone: 239-252-8407 Fax: 239-252-6480 15.2 All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT'S address of record: • 25 Contract#15-6521 Information Technology On-Call Services Executive Alliance Group,Inc. 0 Packet Page -2004- 4/26/2016 16.E.3. Executive Alliance Group Inc. 5946 SE Riverboat Drive, Unit 519 Stuart, FL 34997 Telephone: 772-341-2769 Email Address: execalliance @comcast.net Attention: Robert Gazdowicz, Chief Executive Officer, Vice President Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE 16 MISCELLANEOUS . 16.1 CONSULTANT, in representing OWNER, shall promote the best interests of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 16.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 16.3 This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of OWNER. 16.4 Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 16.5 The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 26 Contract#15-6521 Information Technology On-Call Services Executive Alliance Group,Inc. Packet Page -2005- 4/26/2016 16.E.3. 16.6 This Agreement, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 16.7 Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. Further, The CONSULTANT agrees that any Work Order that extends beyond the expiration date of this Agreement will survive and remain subject to the terms and conditions of this Agreement until the completion or termination of the Work Order. 16.8 This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 16.9 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), RFP #15-6521 Scope of Services, Schedule A — Work Order, Schedule B — Fee Schedule and Schedule C — Insurance Coverage. ARTICLE 17 APPLICABLE LAW 17.1 This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to Services funded by the United States government. 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 27 Contract#15.6521 Information Technology On-Call Services Executive Alliance Group,Inc. Packet Page -2006- 4/26/2016 16.E.3. or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE 18 DISPUTE RESOLUTION 18.1 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 OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER 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 OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'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. ARTICLE 19 IMMIGRATION LAW COMPLIANCE 19.1 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, at seq. and regulations 28 Contract#15-6521 Information Technology On-Call Services Executive Alliance Group,Inc. 0 Packet Page -2007- 4/26/2016 16.E.3. 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 immediately. 29 Contract#15-6521 Information Technology On-Call Services Executive Alliance Group,Inc. Packet Page -2008- 0 4/26/2016 16.E.3. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Information Technology On-Call Services the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, Dwight E. Brock, Clerk By: Date: By: Donna Fiala, Chairman Approved as to Form and Legality: assistant County Attorney Executive Alliance Group Inc. By: Witness Typed Name and Title Typed Name and Title Witness Typed Name and Title 30 Contract#15-6521 Information Technology On-Call Services Executive Alliance Group,Inc. Packet Page -2009- 4/26/2016 16.E.3. SCHEDULE A WORK ORDER/PURCHASE ORDER Contract 15-6521 information Technology On-Call Services" Contract Expiration Date: , 201 This Work Order is for professional Information Technology Project Management services for work known as: Project Name: Project No: The work is specified in the proposal dated ,20 which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, this Work Order/Purchase Order is assigned to: Name of Firm Scope of Work: As detailed in the attached proposal and the following: * Task I - * Task II * Task Ill Schedule of Work: Complete work within days from the date of the Notice to Proceed which is accompanying this Work Order.The Consultant agrees that any Work Order that extends beyond the expiration date of Agreement#00-0000 will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Work Order. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with following method(s): ['Negotiated Lump Sum (NLS) DLump Sum Plus Reimbursable Costs (LS+RC) DTime & Material (T&M) (established hourly rate— Schedule A) DCost Plus Fixed Fee (CPFF), (define which method will be used for which tasks) as provided in the attached proposal. Task $ Task II $ Task III $ TOTAL FEE $ PREPARED BY: Name and Title Date APPROVED BY: (Dept Name) , Division Director Date APPROVED BY: type name, Department Administrator Date By the signature below,the Firm(including 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 has a potential conflict have been fully disclosed. Additionally,the Firm agrees to notify the Procurement Director,in writing within 48 hours of learning of any actual or potential conflict of interest that arises during the Work Order and/or project duration. ACCEPTED BY: (Company Name) Name&Title of Authorized Company Officer Date A-1 Packet Page -2010- 4/26/2016 16.E.3. SCHEDULE B Collier County Fee Schedule RFP 15-6521 "Information Technology On-Call Services" Consulting Resource Onsite Hourly Rate Telecommute Hourly Rate Project $115 $100 Business Analyst $115 $100 DBA $115 $115 Net Developer $110 $110 IT Analyst $100 $90 Technical Writer $50 $45 Contracting business unit to supply county configured loaner laptop with IT tools, utilities, -- and security and software applications to facilitate efficient and timely access to County software and hardware and operating systems to deliver contracted services. Travel and Reimbursable Expenses must be approved in advance in writing by the County. Travel expenses shall be reimbursed as per Section 112.061 Fla. Stats. Any trips within Collier and Lee Counties are expressly excluded. The above hourly rates are applicable to Time and Materials projects only. The above list may not be all inclusive. Additional hourly rates for other personnel may be added upon mutual agreement in advance and in writing by the Project Manager and the Consultant. • B-1 Packet Page-2011- 4/26/2016 16.E.3. SCHEDULE C INSURANCE COVERAGE (1) The amounts and types of insurance coverage shall conform to the following minimum requirements 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 coverages, 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. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the Services until the date of completion of all Services required hereunder or as specified in this Agreement, whichever is longer. (4) Simultaneously with the execution and delivery of this Agreement by CONSULTANT, CONSULTANT has delivered properly executed Certificates of insurance (3 copies) acceptable to the OWNER evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance policies required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or G1 i Packet Page-2012- 4/26/2016 16.E.3. allowed to expire until at least thirty (30) days prior written notice has been given to the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by 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 hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (5) All insurance coverages of the CONSULTANT shall be primary to any insurance or self insurance program carried by the OWNER applicable to this Agreement. (6) The acceptance by OWNER of any Certificate of Insurance pursuant to the terms of this Agreement does not constitute approval or agreement by the OWNER that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (7) CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the OWNER. (8) Should at any time the CONSULTANT not maintain the insurance coverages required herein, the OWNER may terminate the Agreement and any Work Orders issued pursuant to the Agreement or at its sole discretion shall be authorized to C-2 Packet Page -2013- 4/26/2016 16.E.3. purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between OWNER and CONSULTANT. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Services required hereunder or termination of the Agreement or any Work Order, the CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s) of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and OWNER may terminate the Agreement or any subsequently issued Work Order for cause. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? Yes X No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: C-3 Packet Page -2014- 4/26/2016 16.E.3. a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive all claims rights against the OWNER and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. Applicable _X_ Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. Applicable _X Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement?_X_Yes No (1) Commercial General Liability Insurance, written on an "occurrence" basis, shall be maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including C-4 0 Packet Page-2015- 4/26/2016 16.E.3. Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the following: Single Limit per Occurrence $300,000 Products/Completed Operations Aggregate $300,000 Each Occurrence $300,000 Single Limit per Occurrence $500,000 Products/Completed Operations Aggregate $500,000 Each Occurrence $500,000 x Single Limit per Occurrence $1,000,000 Products/Completed Operations Aggregate $2,000,000 Each Occurrence $1,000,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." Applicable deductibles or self-insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or his designee. (3) The OWNER, Collier County Government, shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the OWNER. C-5 Packet Page -2016- 4/26/2016 16.E.3. (4) Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. Applicable X Not Applicable (5) Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. Applicable X Not Applicable AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? X Yes No (1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: X Bodily Injury & Property Damage - $ 500,000 Bodily Injury & Property Damage - $1,000,000 C-6 Packet Page -2017- REQUEST FOR PROPOSAL 4/26/2016 16.E.3. crierCo laity Adninistrative Services Division Purchasi COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Solicitation RFP15-6524 "Consulting Service and Planning Assistance" Executive Alliance Group INC BID December 10,2015 Swainson Hall,Procurement Strategist 239-252-8935(Telephone) 239-252-6334(Fax) Swainsonhall@colliergov.net(Email) N id fi m 3 11 -1 1 It l t e Packet Page-2018 Tab I, Cover Letter 4/26/2016 16.E.3. BOARD OF COUNTY COMMISSIONERS Dear Commissioners: Executive Alliance Group Inc, (EAG) was founded by Robert and Edna Gazdowicz, to supply Information Technology Professional Services to companies and government agencies in an economical and professional manner. As a minority owned business, EAG endeavors to deliver these professional services utilizing the extensive knowledge and experience of its founder acquired over 35 years within Information Technology while managing IT environments in Silicon Valley and Europe encompassing various vendors brands such as IBM, HP, Linux and Microsoft. During the past 8 1/2 yrs, Robert (Bob) Gazdowicz has had the privilege of delivering an average of 1500 hours per year addressing Collier County Division\Department projects within Growth Management and Public Utilities. Bob has the experience, skill and knowledge to arrive onsite and immediately take up the project task and see it through to completion as was accomplished in.the GMD Cartegraph installation and the PUD Scale Management installation. EAG has responded to work order requests with three day notice to arrival onsite to start assignment. Normal lead time in addressing a work order request has been one week. Bob has acquired the working knowledge of Collier County IT procedures, policies and protocols as well as created a positive working relationship with IT technical management and staff to collectively deliver client projects within IT technical requirements. Executive Alliance Group Inc confirms the submission of this signed Proposal is Proposers certification that the Proposer will accept any awards made to him as a result of said submission of the terms contained therein. 1 Robert Gazdowicz Chief Executive Officer/Vice President ,• ,,, 5929 SE Federal Hwy FMB 326 Stuart Fl 34997 772-341-2769 Packet Page -2019- Tab I, Management Summary 4/26/2016 16.E.3. The Project Management approach of Executive Alliance Group Inc (EAG) continues to be hased on the IBM Principles of Project Management certification and ITIL v3 certification zned by Robert Gazdowicz. The certifications are complimented by Robert's 35 years of managing IT projects, performing as ITS Director of a silicon valley corporation and as General Manager\Director of Product Development of an Nasdaq traded software company including management of the European Operation, encompassing applications development, hardware and network deployments and installations. In his career Mr. Gazdowicz has managed $10 million operating budgets, supported over 300 software application clients converting their unique business and operations requirements into software solutions. During European assignment he was responsible for all European company P&L. EAG brings this financial knowledge and experience when supporting Collier County vendor solutions and procurement, contracts, maintenance and support contract reviews. Executive Alliance Group Inc has delivered OnCall IT Project Management to Collier County over the past 8 1/2 years. EAG has acquired knowledge of the Collier County IT policies, protocols and procedures in managing county IT solutions. Upon arrival EAG reviews the goals and desired outcomes with the Division\Department assisting in creation of project scope, creation of RFP, review of vendor bids in accordance with compliance to IT TAC's technical requirements document, participated in vendor selection committees, managed selected vendor -liverables and coordinated technical installation or migration of selected solutions. During this timeframe Bob completed the PUD Scale Management System implementation at the Naples Landfill as well as configured and installed the recycle center POS stations at Naples, Marco Island and Carnstown locations. Bob also completed the SMS SAP nightly interface that passes the SMS daily financials to SAP. During 2012 to 2013 Bob provided project management and business analyst services to the UBCS department in the SA stabilization project and WMI map application creation. 2012 to Present EAG has performed as the Enterprise Asset Management Coordinator for the current PUD EAM project managing vendor deliverables from Woolpert, Stantec, EMA and other resources such as IT support and PUD operational groups. EAM project involves PUD Water, Wastewater, Well fields, IQ, UBCS Service Rolls and Code Enforcement of which I have provided project coordination, business analysis, application analysis, IT architectural designs and diagrams and Ge I eral IT gui ce as part of my consulting duties. SP, 0/4-/3 Ebert Gazdowicz Oil II IP Chief Executive Officer/Vice President 5929 SE Federal Hwy, PMB 326 Stuart Fl 34997 Packet Page -2020- 772-341-2769 1. Tab II, Consulting Experience and Capacity in Executing Scope of Woi 4/26/2016 16.E.3. Provide information that documents your firm's qualifications to produce the required deliverables, including abilities, capacity, skill, and financial strength, and number of years o ° experience in providing the required services. • Provide an overview of the firm's vision, mission, goals and objectives. • Provide evidence of the firm's ability to perform and support PUD staff in: o Performing business process analysis and mapping/flowcharting, o Introducing industry-wide "leading business practices: for process consideration, o Documenting and evaluating business processes utilizing existing software, o Analyzing industry business applications and technology, o Recommending "fit-gap" and "cost benefit" analysis for each of those business applications, o Assisting with the development of a request for proposal scope of work and selection criteria, o Assisting PUD staff with business process change management and training (once selection is made), and, o Managing the project implementation timeline. • Provide an overview of the management approach that will be used to undertake work and ensure steady and timely progress towards completion of assigned tasks. Complete the following information as requested to ensure consistent scoring of proposal. Firms who do not provide the information as requested in the format below shall receive zero (0) points for this criterion. 1. Number of years that the firm, or its principals, has been in 8 business with a particular emphasis experience in the fields of utility special assessments, water/wastewater billing, (number of years) utility billing operations (including meter reading systems), utilities customer service, landfill data collection, franchised solid waste collections, and utilities compliance and code enforcement to assist with the planning and execution of a newly selected business infrastructure. Provide a narrative of the firm or team's history and experience relevant to the business process and/or requirements should be discussed, including a description of the firm's direct experience with similar types of projects, and referenced applications and systems, a. Utility Billing and Customer Service SA Stabilization Project. b. Public Utilities Enterprise Asset Management Project c. Intelligent Transportation Systems Project d. Utility Billing and Customer Service Stantec WMI Web Application Project Packet Page-2021- ` 2. Number of similar program / projects that the firm has 4/26/2016`6.E.3.- served as the lead consultant for the assessment, design and implementation of the scope of work from 1/1/10 — 12/31/14 (5 years). (number of similar Provide evidence of at least two programs/projects. programs/projects) e. Utility Billing and Customer Service SA Stabilization Project. f. Public Utilities Enterprise Asset Management Project 3. Number of similar program / projects that the firm has 3 served as the lead consultant for the assessment, design and implementation of the scope of work from 1/1/10 — 12/31/14 (5 years). (number of similar Provide evidence of at least two programs/projects. programs/projects) g. Utility Billing and Customer Service SA Stabilization Project. h. Public Utilities Enterprise Asset Management Project i. Intelligent Transportation Systems Project 4. Number of similar program I projects that the firm has 2 served as the lead consultant for the specification development (which may include development of specifications, facilitation of bidding documents, analysis of bid submittals and recommendation of awardd)^of the scope of work from 1/1/10 — 12/31/14 (5 years). (number of similar programs/projects) Provide evidence of at least two programs/projects j. Utility Billing and Customer Service Stantec WMI Web Application Project. k. Intelligent Transportation Systems Project. Packet Page-2022- 5. Number of similar program / projects that the firm has 4/26/2016 16.E.3. served as the lead consultant for the project implementation and change management for this scope of work from 111/10— 12/31/14 (5 years). (number of similar Provide evidence of at least two programs/projects programs/projects) I. Utility Billing and Customer Service SA Stabilization Project. m. Public Utilities Enterprise Asset Management Project. n. Utility Billing and Customer Service Stantec WMI Web Application Project. o. Intelligent Transportation Systems Project TOTAL (Add 1 + 2 + 3 + 4 + 5) to determine Experience 19 TOTAL (TOTAL) • Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each firm's information provided in this area in the requested information 1 — 5 above: • The County shall total all items identified by the firm to determine the firm with the greatest Experience TOTAL. • The highest number of points (20) will be awarded to the firm who has the greatest Experience TOTAL. • The next highest firm's Experience TOTAL will be divided by the highest firm's Experience TOTAL which will then be multiplied by 20 points to determine the firm's Points Awarded. Each subsequent firm's number of project 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 six proposers. Firm Name Experience TOTAL Points Awarded Firm 123 40 20 Firm 456 36 18 Firm 789 26 13 Firm 101 23 10 Firm 201 AC 5 Firm 301 —Packet Page-2023- — 1 4/26/2016 16.E.3. The firm's points awarded will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review.the firm's proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per firm. The Selection Committee may, at their sole discretion modify the points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. Executive Alliance Group Inc Narrative EAG provides the following successful projects of which EAG has already contributed and provided all the experience requirements requested. EAG provides this project information • (property of Collier County Agency SharePoint archives) as evidence of its ability to deliver project management, business analysis and application analyst knowledge, experience and skill set over the past 8'h years to Collier County. The Project Management approach of Executive Alliance Group Inc(EAG) continues to be based on the IBM Principles of Project Management certification and ITIL v3 certification earned by Robert Gazdowicz.The certifications are complimented by Robert's 35 years of managing IT projects, performing as ITS Director of a silicon valley corporation and as General Manager\Director of Product Development of an Nasdaq traded software company including management of the European Operation, encompassing applications development, hardware and network deployments and installations. Executive Alliance Group Inc has delivered OnCall IT Project Management to Collier County over the past 8 1/2 years. EAG has acquired knowledge of the Collier County IT policies, protocols and procedures in managing county IT solutions. Upon arrival EAG reviews the goals and desired outcomes with the Division\Department assisting in creation of project scope, gap analysis, cost analysis, creation of RFP, maintain TCO, review of vendor bids in accordance with compliance to IT TAC's technical requirements document, participated in vendor selection committees, managed selected vendor deliverables and coordinated technical installation or migration of selected solutions. Packet Page-2024- PUD Enterprise Asset Management Proi 4/26/2016 16.E.3. EAG was contracted to supply consulting services to the PUD Enterprise Asset Management project (EAM) which included project management, business analysis, and application analyst support. EAG was required to create and maintain a PUD Project Management Share Point Site within which EAG recorded all, project documents, architectural diagrams, project minutes and all other project artifacts. At direction of Aaron Cromer project manager, EAG was directed to coordinate all business, operational and technical communication and direction between business units, operations and IT. The following was provided by Aaron Cromer to EAG as guidance for EAM project coordinator tasks and assignments. Agency Coordinator The role of the Agency Coordinator is to provide support to the Project Manager. The support shall consist of, but not be limited to, coordinating and facilitating sub team meetings, documenting progress, direction and tasks from those meetings and reporting back to the core team the progress, directions and tasks. Another role is providing administrative support for steering committee meetings to include documentation and tracking of issues, decisions and guidance provided, as well as facilitating discussions. The Agency Coordinator will also have responsibility to ensure that all other divisions are involved and understand the requirements of not only PUD, but the agency as a whole, and communicate between the different divisions to ensure-compliance and consistency. In association with IT resources, EAG developed and presented EAM project architectural diagrams for review to IT Management and explained all major and minor components and data flow for IT confirmation of project. Mike Berrios IT Director appreciated the new as built type arch formatted diagram and has implemented it as a model for all future IT project documentation. Below is a brief overview of project and EAG services provided for scope of project and its subject matter. All documents and details can be found at this PUD SharePoint link archives. `tr•!i .. ,rr_ ;. r 3 te-- rti '. i is f :i sr' 3 r-% ' rs ,` 5 EAG was contracted to provide consulting project management, business analysis, and IT application analyst functions in support of the PUDJ Enterprise Asset Management project migrating PUD assets into the Cityworks software application. Assignments also included performing project management and business analysis functions for the SAP to CW Interface project and the Enhance Cityworks GIS Interface project, both of which were sub projects unto themselves under my responsibility. Creation and maintaining project management plans and schedules are shared responsibilities between EAM vendors and EAG who manages and provides input and validation of dates r" -e uested on behalf of PUD and 1 ro'ect Packet Page -2025- p manager. EAG performed the following functions: interfaced with vendors Woolpert, 4/26/2016 16.E.3. IT solution team in assessing all components of environment, planning and delivering solution, managed project plan milestones and deliverables, weekly check point meetings, provided 'nduit between all team members communicating information, qualifying decisions and task _,;lions. Responsible for delivery of IT required architectural diagrams and acceptance, IT change management processes and creation of IT work orders in support of project. Personally edited Cityworks SAP employee data input to prepare it for upload into Cityworks dev system. Contributed to the collaboration in the creation of the Vendor Material Delivery file formatting in which we defined the required fields from a materials vendor that would provide asset attribute data for efficient upload to the Cityworks application, this Vendor Material Delivery file was targeting to large meter order for UBCS to be input to Enhance, Cityworks storeroom and GIS concurrently upon delivery thereby enhancing inventory control and serialization of all meter assets in a timely, efficient manner. Project Scope The Enterprise Asset Management solution proposed will be designed to provide visibility of all CCPUD assets (e.g., pipes, valves, meters, air release valves, pumps, telemetry equipment, and backflow preventers), and to acquire data from systems that are already in place. Based on this data, schedules will be generated for future repair and replacement that address the most at-risk Sets with the most critical needs. This approach ensures the repair and replacement of the appropriate assets at the appropriate time, ensuring the level of service provided to our customers is maintained without degradation or impact. Provide software and consulting services for full scale demonstrations of Asset Management and associated functionality, including but not limited to demonstrating and implementing five (5) full demonstration projects: 1. GIS-based Asset Management (CCWSD horizontal assets); 2. GIS-based inventory and work order management system (CCWSD); 3. GP-based integration of SCADA data(CCWSD horizontal assets); 4. GIS-based customer management system (UBCS CRM); and 5. CEP generation at short and long-term intervals (CCWSD). Vision A GIS based Integrated Asset Management System including a work order system with graphical user interface capable of collecting data automatically through existing SCADA systems, with the last phase ,ing financial integration into enterprise systems including SAP. Packet Page -2026- Mission/Project Objectives • Repair/maintain assets just in time through a GIS-based system having ful.4/26/.2016i 6..E.3. visibility. • Establish risked-based and managed preventative maintenance programs with full visibility of assets for resource optimization. • Provide short and long term CIP plans integrated into the master plan and the AUIR based on level of risk and service levels. EAG as EAM project coordinator is responsible for the coordination, administration and validation of all information, tasks and assignments processed through the Core team. Core team is comprised of project manager, project coordinator, IT analyst, FISP team leaders across the (5) teams representing Operations, UBCS, GIS, Material Management and PUD Financial accounting. Project Core Team The team is comprised of a group of individuals from the Public Utilities Department with appropriate and complementary professional, technical or specialist skills that under the direction of the project manager are responsible for overseeing the work detailed in the project plan. Th'° project core team is collectively responsible for: • Assisting the Project Manager in delivering the projects objectives • Within their technical expertise, carrying out the elements of the project they are tasked with • Providing administrative support to the Project Manager (e.g. resource planning) • Advising the Project Manager if any risks arise that likely to affect delivery of the projects objectives and to be part of the risk reduction process • Providing information for project documentation as required • Review and approval of project documents • Sharing their in-depth understanding of the business and system processes • Providing business expertise on topics related to their job functions • Participating actively in all phases of the project Project initiated 3/17/13 closure OngointPacket Page-2027-yworks Prod 5/17/16. UBCS SA Stabilization Project 4/26/2016 16.E.3. \G was contracted to supply consulting services to the UBCS_SA Stabilization project which included project management, business analysis, application analyst support and solution testing. EAG was required by IT to create and maintain an IT Project Management Wild page within which EAG recorded all milestones, project documents, architectural diagrams and project minutes. With IT resources EAG presented architectural review to IT Management and explained all major and minor components and data flow for IT confirmation of project. Below is a brief overview of project and EAG services provided for scope of project and its subject matter. All documents and details can be found at this IT SharePoint link within Agency IT archives. oi 1“ i t P r, i;+r�1i?{'h�;r ∎",( 4"/,‘ ). EAG was contracted to provide consulting project management, business analysis, and IT application analyst functions in support of the UBCS SA Stabilization Project migrating the SA software application and platform to more modem infrastructure since Microsoft support for the Server 2003 was sun setting with no new operating or security patches. r AG performed the following functions: interfaced with vendors for solution (SAP for CR ..tenses procurement or test license confirmation), participated with internal UBCS\IT solution team in assessing all components of environment, planning and delivering solution, managed project plan milestones and deliverables, weekly check point meetings, provided conduit between all team members communicating information, qualifying decisions and task actions. Responsible for delivery of IT required architectural diagrams and acceptance, IT change management processes and creation of IT work orders in support of project. Participated in hands on testing of SA modules validating each feature\function from old SA system to new upgraded SA system. Project included management of hardware installation of VM servers, new ColdFusion and Crystal Report software suites, configuration of all application and testing the. installations. Project Scope To upgrade the obsolete infrastructure of the Special Assessments system, which includes server hardware, server o{S, database platform, and reporting software to the current versions of the hardware and software without compromising functionality. There are four components as listed below be upgraded. Research will be the preliminary step to identify which upgrades can be accomplished .,nd which must remain at their current version since we anticipate compatibility issues between the different systems. It will enhance the ability to maintnin the cvstem until a new application is selected through the EAM Project for replacement. Packet Page-2028- V 8 4/26/2016 16.E.3. u 2 _ vi . tails 4.1 H 13 O. • C 'k"3 = ° ' U a) v C z > C Ct.E it.) ill C4 CO ;w CU •Ca C L OD i U Et iff co X Iv V 'C = *� 0 4C 41,1 C C IV ... tra . t 4; "IM in ID Zt 2 (u E (Li 45 4'i 8 Cr' E c ce .F. OD b4b0 V) fo = t i IL!? r 6 C Q C - 1i Qt = - 4-J a Q) t = -.... CO W .4-442 t) tt " § C) 08C4/ ° C ,c LI 10 < 6., 6". cap' 41 '5 t CC443 a 7,- 0 4., ,... „... co (.4 - de . = —= 4. 0 , a +.-, iv u 76 (a v, .... .. v .„ -47, i. .... , . (fie .— -G (,)i p' ti -tin 114 Ceti tb • C u 4V M z . ca. C ,, .0 tit 0 E• t v t1} u. �. a �- IA E iv) Q L eu 0 ° E cr Ln do - '1 fil 49) = z 3 E E E 64, (Li a ..:1- re) ., u (t) I I cu a n 1 `v} 40 I �C R3 r C �M rC Q. ` - `�"` a) L- V 5 a) 4 +'4 (0 CD 4) M CY > Cr Q 't 'Pi) 't li a ja kb 1‘31 t its* t > 2 to . to .4-0 0,. 0. a d 0 ._ 0 t m 0.) o U s. 0 = E A A Packet Page -2029- 0 UBCS_SA_GISProje 4/26/2016 16.E.3. EAG was contracted to provide consulting project management,business analysis, and IT application analyst functions in support of the UBCS SA GIS Project. EAG performed the • _ollowing functions: worked closely with IT resources, Stantec staff and UBCS management in defining requirements, drafting scope and solution review, contributed to, provided technical guidance on project, managed vendor to project plan milestones and deliverables, weekly check point meetings, provided conduit between Stantec, UBCS management and county IT. Responsible for delivery of IT required architectural diagrams and acceptance, IT change management processes and creation of IT work orders in support of project. Participated in Stantec software training and testing of WMI Web application as well as provide conduit between Stantec and UBCS. Project included management of software installation, and testing of the solution. EAG was required by IT to create and maintain an IT Project Management Wild page within which EAG recorded all milestones, project documents, architectural diagrams and project minutes. Below is a brief overview of project and EAG services provided for scope of project and its subject matter. All documents and details can be found at this IT SharePoint link within Agency IT archives. )11f-, (tir':, 'i, -raTSar•: •Gra Project Scope UBCS required a map solution that brings all the information from other agencies in the county into one functional location for the departments multiple end users. The map must function where the layers can be turned on and off based on the different users needs A special assessments (SA) GIS layer has been created that contains property data that is critical to customer service, creating the annual assessment rolls, creating and processing work orders, and supporting the commercial recycling program. The data in the current SA GIS layer includes,trash collection days, recycling collection day, trash service type, recycling service type. This needs to be expanded to include but is not limited to;trash receptacle size, recycling receptacle size, number of units at the property This GiS database contains property data in the County, updated daily from the Property Appraiser folio database. The property owner data from the Tax Collector's system for each folio is used for several critical functions of the case management application, such as issuing lotices of violation, citations, notices to appear, etc. Data from both systems includes parcel number, street address, legal description, owner information, etc. Data selected to be presented with St?rIff3r ca nic Wont)application includes Owner & Property Packet Page-2030 owner information, Hauler Districts boui,,.Q,�_?, �••�«��t I —Waste Management ,District II — Choice Environmental, Commissioner Districts (existing GIS layer),Water, 4/26/2016 16.E.3. Incorporated Areas (Marco Island, Everglades City, City of Naples, Port of the Islands, Goodland, etc.),Designated Driveway, Hammerheads Reservation (Native American Indian) lands The project identified and addressed current and future data collection and presentation in GIS of, type of trash service, commercial dumpster, commercial roll carts, residential curb side roll cart, residential non-curbside dumpster Type of recycling service„ commercial dumpster, Commercial roll carts, residential curb side roll cart, residential - non-curbside dumpster, Commercial contract, Collection days, Recycling Day, Trash cart size = Capture size (48 gallon, 64 gallon, 96 gallon), qty, and barcode or serial #, Recycling cart size Capture size (48 gallon, 64 gallon, 96 gallon), qty, and barcode or serial #, on-standard street collection, e.g. single side, cut de sacs. Commercial Recycling development of a commercial recycling gis layer to take into consideration owner information and ordinance compliance status. The layer would identify new owners and changes to existing owners as well as relevant surrounding information, property information, owner information for any commercial property in the County, ability to create a record in the Commercial Recycling System (CRS) for each commercial property that is required to comply with the recycling ordinance --e.g. comply/non-comply, ability to interface with the GIS system to identify new owners and changes to property owner information in the GiS database. The system must update the owner information to the CRS database. View a GIS map of the property and the surrounding area. (g) View commercial recycling information related to the property. The following County systems required to be integrated/interfaced with: • CityView—The CityView system is the system used by the County's Growth Management department. On a daily basis permits and CO's will be obtained from the CityView system which will be used to determine if the property data in the SA GIS layer should be updated. • ESRI GiS -the SA GIS layer, and the Tax Collector Owner GIS layer as defined above. • lnhance Utility Billing System —The Inhance Utility Billing System is used to generate bills and track customer payments for water and sewer usage. The Inhance system is used by Customer Service to assist with answering customer questions about their water and sewer accounts. The lnhance system will be integrated with the Estoppel Letters application. When an Estoppel Letter is requested for a property the Estoppel Letters system will obtain any outstanding water and sewer balances against the property. • SA System --The current SA system performs the Capital Assessment, Service Assessment, work order, and Estoppel fetters processing, The SA system will be integrated with GIS to present graphical representations of the data. Packet Page Project initiated 7/2/13 closure 2/21/14. 2031 GMD Intelligent Transportation Systems (ITS) CA 4/26/2016 16.E.3. 3 was contracted to provide consulting project management,business analysis, and IT application analyst functions in support of the GMD ITS CAT Project introducing modem intelligent software and hardware solutions to replace manual processes of transportation scheduling, billing and money collection, EAG performed the following functions: met with vendors for solution review, contributed to RFP and Executive Summary drafts, participated in vendor solution selection committee, reviewed and provided technical guidance on purchase and maintenance and support contracts, managed vendor to project plan milestones and deliverables, weekly check point meetings, provided conduit between Avail, Techtrans (bus operations company), GMD and county IT. Responsible for delivery of IT required architectural diagrams and acceptance, IT change management processes and creation of IT work orders in support of project Participated in Avail software training and testing of Dispatchl application, conduit between Avail and RouteMatch vendors on creation of RMGA'i'E interface to data exchange paratransit appointment and payment data between Avail software and RouteMatch software. Project included management of hardware installation within buses and CAT offices and buildings including electric and data wiring as well as testing the installations. EAG was required by IT to create and maintain an IT Project Management Wild page within which EAG recorded all milestones, project documents, architectural diagrams and project minutes. EAG championed the design and creation of Avail Private Network solution allowing CAT to access to cloud computing solution of their Avail Dispatchl and eventual Farelogistics electronic Fare box solutions Below is a brief overview of project and EAG services provided for scope of project and its subject matter. All documents and details can be found at this IT SharePoint link within Agency IT archives. nttr 'iirrf•�•.c;rr!1 i ii y 4pt)Tr.p r1(Yrti S iT T CE e GA7fPrt 1 6.7\4 1 d°in>U i c1 ) Prr %4 1/411V Project Scope TranSystems, a consulting company, has been contracted to work with CAT, to develop this Strategic ITS Implementation Plan, which presents a business needs assessment that was used liscover the most appropriate technologies for CAT. The Plan recommends the types of technology projects that CAT should deploy based on the needs identified during the needs assessment. Further, the Plan presents ; nrai'min3 implementation schedule for the Packet Page-2032- recommended technologies and cost esLIrndLea iui use recommended projects. The benefits from ITS projects are realized throughout the agency, since IT 4/26/2016 16.E.3. implementations help move transit agencies from manual, pen and paper process to greater levels of automation. This shift towards automation with an increased reliance on tracking, processing and reporting data through the combined use of software and hardware creates tin for staff to focus on more pressing issues or to perform analysis with a much broader and deeper base of knowledge. The data and information produced from ITS deployments supports decision making by providing clarifying or contradictory figures alongside anecdotal or observational data. The ability to consistently monitor service and track performance issues is a significant benefit from an overall efficiency and effectiveness standpoint. Many bus riders experience a tremendous amount of stress expended wondering when the bus will arrive. The ability to provide information to the customer about when the next transit vehicle will arrive at the stop creates a greater feeling of confidence and security, which may also decrease the perception of wait time. This confidence in the system can help attract choice riders and improve customer satisfaction among existing riders (assuming other factors remain constant). A related benefit is that if the agency is able to realize service improvements from the ITS project such as efficiency improvements. Phase I of the ITS project includes deploying the following • Upgrades to the Para Transit scheduling software (RouteMatch Remote Hosting, • Fixed-route scheduling software; • Wireless data communications system;(AP at CAT Radio Rd wash station) • Computer-aided dispatch/automatic vehicle location (CAIN/AVL) for both fixed- route and ParaTransit service; (CAPS and Cellular transmission of data) • Automatic passenger counters (APCs); • Automated annunciation system (AAS); Avail is providing a CAD/AVL system: which consists of the following components performing the identified functions. • Cellular Data Network -- provides data connectivity to receive automatic vehicle location information from the vehicles. and transmit text messages to and from the vehicles. Cellular vendor to be the one on contract with Collier County, • Computer Aided Dispatching (CAD) — provide dispatchers with a real time view of fleet operation, including schedule adherence. , • Automatic Vehicle Location AVL) — provide dispatchers with a real time view of the location of each of the operatirry 1111 provide a playback mechanism to review the location of vehicles over a tracket Page..2033 nge a 0 4 4/26/2016 16.E.3. 0 2 tee S S Z ,5: 14` A A� i 0 o ' c t ,£i e 1 a 8 .2 " = I •� elt 0 E $ '-e• x e Ili I AP***v g m 6 CO a $ 6, ti .3. E cci. :9 . 4 t 13 ,2 40 ",,,- • 0 E ti. 5 v g 6 ti... 2 V S -4 va 8 g -8 4 0 1, > -- g § E T5 e s° 11 cr; to g 4r- g E I .f g 9:....:5k 0 � N 777/// r I 4 I 1 k. is a t o P Z1 7 5 ces e 3_,0.) E 4. 3 ;g am, ti) : 16"40 '1' -a f, v -(6 6.5.; 2 1.: g g . EP 2 8 — & .s e E 0,, ja: i.,,, s 2 10 r- to** .2 4 8 1'1' (1) : et al > IR ,-.. s 46 a tg ar) 2 0 . .ig — .. ,,,z, 046 2 0 -14 i % .2%.1 I i . . 0 x ' 15 :8... � C :� a .g Z a a ii22,to < 0 < 0 0t-, 0 • • • • • Packet Page -2034- 4 1. Tab Ill, Specialized Expertise of Team Members (Maximum 20) 4/26/2016 16.E.3. Provide information in this format that documents the proposed project team members who will contribute to the scope of work identified above. Complete the following information as requested to ensure consistent scoring of proposal. Firms who do not provide the information as requested in the format below shall receive zero (0) points for this criterion. 1. Identify the number of full time equivalent positions that will be j assigned to the scope of work identified. (number of full Provide a resume of each of those personnel. time equivalent personnel) 2. Identify the number of years of experience those full time equivalent 35 positions collectively have to the scope of work identified. (number of years of experience) 3. Identify the number of other personnel resources (not including those 0 identified in item number 1 above), including subcontractors, who may act as resources to the project if needed. (number of full Provide a brief overview or resume of each individual. time equivalent personnel' 4. Identify the number of years of experience those resources 0 (identified in item number 3 above), including subcontractors, have for to the scope of work identified. (number of years TOTAL(Add 1 + 2 + 3 + 4) to determine Specialized Expertise 36 TOTAL (TOTAI Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each firm's information provided in this area in the requested information 1 — 4 above: • The County shall total all items identified by the firm to determine the firm with the greatest Specialized Expertise TOTAL. • The highest number of points (20) will be awarded to the firm who has the greatest Specialized Expertise TOTAL. • The next highest firm's Specialized Expertise TOTAL will be divided by the highest firm's Specialized Expertise TOTAL which will then be multiplied by 20 points to determine the firm's Points Awarded. Each subsequent firm's number of project 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 cl-p-a `-- - - ----m le of how these points would be distributed among the six proposers. Packet Page 2035 p L-. sr • % At it, ' 4/26/2016 16.E.3.al a co c m c� v P •� Q ._ S P '2 1:-) ro E C : o o e o 'fay c al u) 4) 3 cU E, Ili a 0 ti) III 8 6 '4-ti co 0 0) PI *"- -W c Q ZEthts 'a, — (1) Noso. 0) 4*„ a mu 5 t=3 fit v O o in S. .c4a" EA) s' .52 0 5 ci) :6 0 g 0 ei. co .8 41) it C 'C mow. s 2 Z Q (1) o co 1I1i1 #LrNC EEEEEE 4 a) (7) E la o U. U. U. U. IL L '© + , i /r 0) .2 cl ,. ci. .55 .t., .scn c sz 0 Iit: E co a co C Packet Page -2036-1.... 0 (ll < ca.tp Tab III, Specialized Expertise of Team Members 4/26/2016 16.E.3. Tab Ill Item I Resume of Robert Gazdowicz, CEO\Vice President\Principle Consultant of Executive Alliance Group Inc. Robert Gazdowicz 5946 SE Riverboat Drive Unit 519 Stuart Fi 34997 772-341-2769 execalliance @comcast.net PROFESSIONAL PROFILE • Over thirty five years of information systems management experience in corporate and government businesses with emphasis in diverse computer hardware platforms, operating systems, networks, internet environments, application languages, project management and application development. • Over eight years experience providing Collier County with IT Project Management services such as project management and coordination,business analyst, IT applications analyst over numerous successful projects across Growth Mgmt, Public Utilities, and UBCS. • Successful installations\migrations of Collier County vendor solutions based on IT technical guidance of Microsoft products, Windows server operations systems (2003-2012),Exchange, Active Directory, US, SSRS Reporting,Microsoft SQL Server. Key accomplishments: • Managed successful installation or migration of Cartegraph, CityView ROW, CityWorks, Dispatch1, RouteMatch, Fare Logistics automated fare boxes, establishing remote hosted solutions. Highly skilled in vendor solution procurement including RFP, bid review and negotiation, contracting and licensing. • Successfully stabilized SAP install(650 licenses) (HR, FI, IN, CO)of 4.6c for Collier County with 3 years of solid uptime availability within Collier Clerk Agency. • Assisted Collier County Sheriff's Office in acquisition and installation of electronic citations within CCSO vehicles with data capture and migration to the State Clerk of Court CIS case management system. • Successfully championed a Euro Currency conversion project to address European legislated currency changes to our software application product. Our entire European client base was affected by this mandate and I was challenged to devise a conversion plan with client input while driving the plan to completion within six month deadline. • Executive management of 26 concurrent IT projects 1996 at Siemens consistently delivering multiple projects on time and within scope white itnelPr tight rPQm1rce and financial constraints across different companies and industries. Packet Page -2037- PROFESSIONAL EXPERIENCE 4/26/2016 16.E.3. Executive Alliance Group Inc 5929 SE Federal Hwy, Stuart Fl 34997 CEO\Vice President May 2006 to Present rounded consulting company to deliver IT Project Management solutions (Business Analysis, Strategic Planning, Solution Procurement, Disaster Planning), Grant Research, Writing, Project Mgmt and Administration. Collier County 3301 Tamiami Trl East,Naples, FL 34112 IT Consultant Premier Client of Executive Alliance Group Inc, Provided extensive Project Management, Vendor Management, Business Analysis, and Application Analysis to Collier County IT, Collier County Public Utilizes and Growth Management Divisions during(8)year"On Call IT Project Management" Contract. Successfully concluded Cartegraph go-live 2007, Scale Management System Installation Project 2008. Successfully upgraded GMD to Cartegraph 8.1a and connected activated GMD_CM Assets SDE to associate GIS data and provide maps from Cartegraph and GIS collected Transportation data. Successfully migrated ATM\CAT from RouteMatch local thick client to RouteMatch Remote Hosted Solution 2011. 2012 to Present upgrade GMD Cartegraph to 8.2, installed CG Mobile and configured introduced field Junos to Road Maintenance Dept. UBCS SA Stabilization Project, SA WMI GIS Map project, PUD Enterprise Asset Management Project Coordinator. Clerk of the Circuit Court Collier County 3301 Tamiami Trl East,Naples, FL 34112 _�ssistant Director MIS Feb 2003 to May 2006 Member Steering Committee as well as responsible to maintain and support SAP for Clerk, Collier County BCC, Supervisor of Elections. Worked constructively on projects with Collier Sheriff's Office and Collier County IT Departments. Directed applications staff to support Cobol Case Management System as well as Project Manage project to deliver new Case Information System coded in VPLB and creation of data warehouse. Modernized traffic citation payments through website to interact with backend legacy servers and software. Administered and project managed government grants for law enforcement enhancements and data interactivity to Clerk's legacy systems. Created and administered department budget of$3.8 million. (38) Win 2003 servers, (2) VAX systems, Exchange, Track-it, Visio, XP, SQL, Cisco, Point& Pay, SAP, CIS, TCATS, ARTV, CCIS. IBM Principles of Project Management certified. Ecometry Corporation 1615 S Congress Ave. Delray Beach,FL 33445 Multiple Executive positions held in Ecometry October 1996 to June 2002 European Director Software Applications Product Development and General Manager, Direct report to President of Ecometry Corp participating in executive discussions and strategic product planning decisions,while project managing vital development projects key to the corporation's future success. November 2000 to December 2001 transferred to European assignment to direct European product development then General Manage Smith-Gardner& Associates LLC of Cambridgeshire England r� England I was responsible for sales, finance,product development including P&L, 42 staff and $2.5 m 2erating budget. Member Board of Directors Smith Gardner&Associates LLC. Projects included Euro Currency Conversion, stabilizing 17 European client accounts including installations and version migrations,managing client professional service assignments and customer accounts. Reestablished Software Development Lifecycle policies a Packet Page -2038-luding patch and version release methodologies. Director Software Applications Product Development --- - Staff of 39 developers including 4 supervisors, $1.8m dept budget, 4/26/2016 16.E.3. P Lek developing •�,, N.,ll„u,,,,., Objects,XML, W2K applications and operating systems. Responsible for the software lifecycle in delivery of quality E-Commerce enterprise software suite called Ecometry,to clients in an efficient, cost effective manner. Duties include scheduling all the companies software operations across Business Analysts, Programming, Special Projects,Quality Control,Internet Business Unit,Product Control as well as Conversions departments. Managing the creation of the Internet business unit in development of internet application suite called WebOrder(CGI,XML,COM)within project deadlines for IPO. Responsible to Project Manage the product development and performance improvements to both our HPUX(11.0)and WIN solutions that interface to both Oracle and SQL Server 2000 SQL. Project Managed Cobol compiler project from Fujitsu, Microfocus and AcuCorp. Managed Product Control department installing policy and procedure practices including patch and version control of complete SDLC of the MailOrder and Catalog Sales ERP software solution suite across WIN,HPUX and MPE product lines. Siemens Rolm Communications 4900 Old Ironsides Dr. Santa Clara, CA. 95052 Director I& TS Operations, System Support October 1994- September 1996 Director reporting to Vice President I&TS, advising CFO and CEO of corporation on mission critical issues while managing$7.2m department budget and$2m in capital budget. Direct staff of 47 staff members and 4 department managers,those comprise the Computer Operations, Operations Support, MVSNM/AIX Support, AS/400/HP/DG Midrange Support groups. In 1996 my responsibilities increased with the addition of directing 4 additional managers and over 120 total staff absorbing the PC Desktop support,Networks, Internet Solutions and Telephony departments of IT. Responsible to research system and hardware solutions to enhance productivity,including creation of business case and scope, cost benefit analysis, vendor proposal process,presentation of solutions to executive management of Siemens Rolm. Responsible for all system uptime requirements as described in our corporate service level commitment agreement including the support of a 24hr online service and dispatch online system and radio frequency dispatch gateway. Siemens Tel Plus Communications, 901 Clint Moore RD,Boca Raton,FL. 33487 Tel Plus Communications Manager MIS Datacenter July 1989-September 1994 Tel Plus Communications Manager MIS Information January 1988-July 1989 Tel Plus Communications Supervisor Computer Operations June 1986-January 1988 Crown Publishers Inc Manager Computer Operations June 1984-May 1986 EDUCATION/ACTIVITIES/AWARDS Education: ITIL v3 certification 2009 IBM Principles of Project Management certification 2005 Bachelor Degree in Business Administration,Lynn University,Magna Cum Laude. 1991 Gold Coast Microsoft User Group SAP Steering Committee for Collier County. Board member on Smith-Gardner& Associates LLC, UK, Board of Directors 2001 Siemens Rolm Outstanding Achievement Award(Business Resumption/Disaster Recovery) 1996 Siemens Rolm Outstanding Achievement Award(Budget Reduction)October 1994, Member American Federation Computer Operations Managers 1994-1996 Member Business Resumption Managers Association 1994-1 996 Nominated AFCOM(American Federatior Packet Page -2039-ttions Managers)DataCenter Manager of the Year 1993. I. Tab IV, Fiscal Stability and Estimated Project Completion (Maxis 4/26/2016 16.E.3. Complete the following information as requested to ensure consistent scoring of proposal Firms who do not provide the information as requested in the format below shall receive zero (0) points for this criterion. 1. Indicate the number of times the proposer or their 0 principals have filed for bankruptcy during the past five (number) year (January 1, 2008- December 31, 2012). 2. Provide the average number of days the firm pays its Upon accounts payable transactions. Receipt (average number of 3. Provide the number of external audit "management n comments / letters" received during the past five year (number) (January 1, 2010- December 31, 2014). • Provide a copy of all management comments / letters during that period. NONE • Provide the previous two (2) years of income statement, balance sheet and statement of cash flow. EAG is a privately held S Corp reporting financials on 1040 tax forms per IRS regulations. Submitting EAG personal financials for this bid would expose personal tax information to public domain due to Florida Sunshine laws. Mr. Gazdowicz can offer for evaluation of financial stability that he has a FICO score of 813. 4. On a $100,000 project, provide the average number of 25 days it takes the firm to complete a business process (average analysis and documenting, and evaluating business number e processes mapping/flowcharting. days) 5. On a $100,000 project, provide the average number of 15 days it takes the firm to introduce industry-wide "leading business practices: for process consideration and analyze industry business applirminne nnri tar.hnoiogy and provide (average Packet Page -2040- number of final recommendations L.. �.,� 6. On a $100,000 project, provide the average number a 4/26/2016 16.E.3. days it takes the firm to provide final recommendation to a client for "fit-gap" and "cost benefit" analysis for business (average applications. number of days) 7 _ On a $100,000 software installation project, provide the 5 average number of days it takes the firm to complete the draft scope and selection criteria in the development of a (average request for proposal for a client. number of days) 8. On a $100,000 software installation project, provide the 16 average number of days it takes the firm to assist the client with development and implementation of business process (average change management and training (once software selection number of is made). days) 9. On a $100,000 software installation project, provide the 4 average number of days it takes to implement the installation of the software to the client's acceptance. (average number of days) TOTAL Add items 1 -- 9 and provide the total 76 (TOTAL). Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each Proposer's information provided in this area in the requested information 1 — 3 above: • The County shall total all items identified by the proposer to determine the proposer with the lowest TOTAL. • The highest number of points (15) will be awarded to the proposer who has the lowest TOTAL. • The next lower proposer's TOTAL will be divided by the lowest proposer's TOTAL which will then be multiplied by 15 points to determine the Proposer's Points Awarded. Each subsequent proposer's number of project score will be calculated in the same manner. • Points awarded will be extended to the first whole number (per Microsoft Excel). For illustrative purposes only, see chart for an example of how these points would be distributed among the six proposers. Proposer Name TOTAL Points Awarded Proposer 123 94 15 Proposer 456 104 13 Proposer 789 152 6 Proposer 101 152 6 Proposer 201 200 2 . Proposer 301 Packet Page -2041- 0 1 The Points Awarded by proposer will be distributed to the Selection 14/26/201616.E.3.)r to their evaluation of the proposals. The Selection Committee will review the proposer's proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per proposer. The Selection Committee may, at their sole discretion modify the points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. Task Name Duration 1 day! 1 Project A 2 Discovery 35 days 3 Process Analysis 8 days 4 Business Documentation 6 days 5 Process Mapping 6 days 6 Flowcharting • 6 days .. .Scone tasks documenting and evaluating existing software 10 days d - Vendor Solutions 15 days . 9 Research application and technical solutions 10 days 10 Create Rating Matrix to Scope requirements 3 days 2 11 Create Recommendation Report 2 da y s 12 - Procurement 16 days 13 Review Scope with Client 3 days 14 Modify Scope with accepted gap analysis additions\subtractions 4 days 16 Modify Scope with consideration of identified cost benefits 4 days 16 Complete scope and selection criteria 5 days 17 installation or Migration 16 days 18 Assist Client with Installation or Migration 8 days . 19 Business.Process implimentation and Change Management 6 days 20 Training 4 days 21 - Project Closeout 2 days 22 (L= R* l�,te �r all ✓roe t li,C;Packet Page.2042-Bining ",`anuais 2 days 22 d lit° . 4/26/2016 16.E.3. _ 1. Tab V, Cost of Services to the County(25 points) In this tab, include: • Provide the vendor's typical hourly rate sheet in the event the County may deem it necessary to add services not included in the resultant contract for this scope of service. Rate sheet should include name of position, brief description of position functions (no more than 2 sentences) and hourly rate. Position Position Functions Hourly Rate Business Analyst Software system evaluation, $115 consulting assistance contract negotiations and implementation, apps analysis, project management, testing and documentation.. Project Manage project budget, resource $115 ManagertCoordinator assignments, project schedules and plans, maintain project documents and communication all parties. DBA Manage SQL database tasks, event $115 scheduling, SSRS, . .IIS, data management, triggers and stored procedure development Net Developer Development scripts, applications $110 other solutions IT Analyst Support and maintenance of software $100 installation, configuration and infrastructure environment, architectural diagrams EAG is a small IT company and maintains limited employees. Since IT resources availability are dynamic and not static EAG will upon request make a best effort to seek IT resources within the rates provided in matrix. Travel and Reimbursable expenses per Collier County expense reporting policy covering hotel, airfare, auto expenses, meals, etc per Section 112.061 Fla Stats while working onsite in Collier County or traveling outside of Collier County on Collier County business. Packet Page-2043- 4/26/2016 16.E.3. Contracting business unit to supply county configured loaner laptop _ _ , ilities, and security and software applications to facilitate efficient and timely access-to county software and hardware and operating systems to deliver contracted services. • Complete the following information as requested to ensure consistent scoring of proposal. Firms who do not provide the information as requested in the format below shall receive zero (0) points for this criterion. The Weighted Estimated Percent Use column is the anticipated County use; however, it is used solely to determine the pre- scoring overall TOTAL Cost of Service. Line Total Response Hourly Rate to Weighted (multiply Item# Description Perform all Estimated hourly rate x Services Percent Use Percent Use and Enter Total) 1. On a $100,000 project identify the per hour rate to complete all scope of work tasks and $ 115 .20% $_$ 23 responsibilities associated with performing business process analysis and mapping/ flowcharting. 2. On a $100,000 project identify the per hour rate to complete all scope of work tasks and $ 115 10% $ 11.5 responsibilities associated with introducing industry-wide "leading business practices: for process consideration. 3. - On a $100,000 project identify the per hour rate to complete all scope of work tasks and $ 115 15%___ $$ 17.25 responsibilities associated with documenting and evaluating business processes utilizing existing software. 4. On a $100,000 project identify the per hour rate to complete all scope of work tasks and $ 115 10% $ $ 11.5 responsibilities associated with analyzing industry business applications and technology. 5. On a $100,000 project identify the per hour rate to complete all scope of work tasks and $ 115 10% $ _$ 11.5 responsibilities associated with recommending "fit-gap" and "cost benefit" analysis for each of those business applications. Packet Page-2044- 6. On a $100,000 project identify the per hour 4/26/2016 16.E.3. T rate to complete all scope of work tasks and $ 115 15% $ 1 7.25 responsibilities associated with assisting with the development of a request for proposal scope of work and selection criteria. 7. On a $100,000 project identify the per hour rate to complete all scope of work tasks and $ 115 5010 $ $ 5.75 responsibilities associated with assisting PUP staff with business process change management and training (once selection is made). 8. On a $100,000 project identify the per hour rate to complete all scope of work tasks and $ 115 15% responsibilities associated with managing $ 17.25 the project implementation timeline. TOTAL COST OF SERVICE (Add line totals 1 —8 above and enter total) $ 115 Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each Proposer's information provided in this area in the requested information above: • The County shall total all items identified by the proposer to determine the proposer with the lowest TOTAL COST OF SERVICE . • The highest number of points (25) will be awarded to the proposer who has the lowest TOTAL. • The next lowest proposer's TOTAL will be divided by the lowest proposer's TOTAL which will then be multiplied by 25 points to determine the Proposer's 'Points Awarded. Each subsequent proposer's number of project score will be calculated in the same manner. • Points awarded will be extended to the first whole number (per Microsoft Excel). For illustrative purposes only, see chart for an example of how these points would be distributed among the six proposers. Proposer Name TOTAL Points Awarded Proposer 123 52,550 25 Proposer 456 56,.850 23 Proposer 789 72,495 16 Proposer 101 122,250 8 Proposer 201 152,300 7 Proposer 301 249,000 4 The Points Awarded by proposer will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the proposer's proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per proposer. The Selection Committee may, at their sole discretion modify the points assigned after a thorough n Packet Page -2045 )osal and prior to final ranking by the final Selection Committee. A O 4/26/2016 16.E.3. m .g ,<A 1 .:e4 t i..., ,s:1 g o cs 'ts g 0 w a — 2 0 .$?! ' ca 0 a ,L) W 'o O a a .0 i71 O C) 0 ( `` ,h) 46 9 mss.,°, •°0 .0— -5, . .-, g 74) 4:1 ,,,F.) .4z -cs s 0 `1::' '8 v ag t a" 74 at rtiN .5 4 4:1 A , ,,, 4 o'N ro ct 2 0 a EE 5 . -5 r4 rA I:I oei 4 8 0 giii . tie 0 • �, es v -- 0 ,g two PacketPage -2046-ro tt U Co Cher County 4/26/2016 16.E.3. ,,.,,ice strati. Attachment 9: Reference Questionnaire Solicitation: 15-6524 Consulting Services and Planning Assistance Reference Questionnaire for: Executive Alliance Group Inc Project Manager SA Stablization Project (Name of Company Requesting Reference Information) Robert(Bob) Gazdowicz (Name of Individuals Requesting Reference Information) Name: Pam Callus Company:UBCS Collier County (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: execalliance@comcast.net FAX: Telephone: 772-341-2769 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: SA Stabilization Prolect Completion Date: 1/14/14 Project Budget: $75k Project Number of Days: 159 Change Orders - Dollars Added : Change Orders - Days Added: 0 0 Item Citeria Score 1 Ability to manage costs(minimize on-site verses remote management of the assigned work). 10 2 Ability to maintain assigned work schedule(complete timely or early). 10 3 Quality of work assigned. 10 4 Quality of consultative advice provided on the work assigned. 10 5 Professionalism and ability to manage personnel. 10 6 Administration (completed documents,final invoice,final product turnover;invoices; manuals 10 or going forward documentation, etc.) 7 Ability to verbally communicate and document information dearly and succinctly. 10 8 Abiltity to manage risks and unexpected work assignment circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations,etc. 10 10 Overall comfort level with hiring the company in the future(customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 Please FAX this completed survey to: Packet Page-2047- By . � 4/26/2016 16.E.3. C+U,er County AckninstratNet Sens Division Attachment 9: Reference Questionnaire Solicitation: 15-6524 Consulting Services and Planning Assistance Reference Questionnaire for: Executive Alliance Group Inc (Name of Company Requesting Reference Information) Robert(Bob) Gazdowicz (Name of Individuals Requesting Reference Information) Name: Pam Callis Collier County Company:Collier County UBCS (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email:execalliance @comcast.net FAX: Telephone: 772-341-2769 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: Inhance EAM Interface Scone Completion Date: Ongoing . roject Budget: EAM Phase HI FISP4 Project Number of Days: 180 Change Orders -Dollars Added : 0 Change Orders-Days Added: 0 Item Citeria Score 1 Ability to manage the project costs(minimize change orders to scope). 10 2 Ability to maintain project schedule(complete on-time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Close out project process(final product turnover; invoices; manuals or going 10 forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow County policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE C"' ' "'r""' 100 Packet Page-2048- By Please FAX this completed survey to: Colter County 4/26/2016 16.E.3. Adrrinstrabve Setvices Purchasing Attachment 9: Reference Questionnaire Solicitation: 154524 Consulting Services and Planning Assistance Reference Questionnaire for: Executive Alliance Group Inc (Name of Company Requesting Reference Information) Robert(Bob)Gazdowicz (Name of Individuals Requesting Reference Information) Name: Gary Morocco Collier County Company:Collier County PUD (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: execalliance@comcast.net FAX: Telephone: 772-341-2769 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: SAP EAM Interface Scope Completion Date: Ondoinq Project Budget: EAM Phase III FISP4 Project Number of Days: 180 Change Orders-Dollars Added: 0 Change Orders- Days Added: 0 Item Citeria Score 1 Ability to manage the project costs(minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on-time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Close out project process(final product turnover; invoices; manuals or going 10 forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow County policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future(customer satisfaction). 10 TOTAL SCORE C- Packet P 2049 100 Page Please FAX this completed survey to: By t5 L ' ,A '' 4/26/2016 16.E.3. 6• o Z Q N 04-+ 6 U 0. o .6 g. -1S *ci 4, g 0 . 0 4 Ei io 1) wCt C Cu .,h) .5 ,2 §. g a) ici o ,, ,p p 3 4s 4 0 -4 . = 9Z"L3 o 4? v Q oel at to § 454 ilt:ItE ,r4 C 0 *Ct .0 t8 ° tii 0 ilL 0 23 rat (i.j_ (.) >4 0 "a cii, § ?4 •� � < t 'a .1.2. ?Ca g tle fil: "t i > 171 4 s 0 CO "Cj. ,.-, V 0 oil ..151 .0 Packet Page -2050- rIrol Vo 4/26/2016 16.E.3. •L.. Tai m E 0 c C .0 - 0 0 p `us o .4(75Z .2 "..t° 43 OtsSE * El2 CIS° eas" fg .6 Ss as o < tn9 "E tp 0 8 0 ' ?3 ;+ ' c 0 s. CJ : OCR • • iso cccccacce a tU a> aU Q? Q3 tU Ce 2121'5: Z00B a) < < < < < < < < g, U, .0 • • to • • • • • 4) . K Packet Page -2051- 4/26/2016 16.E.3. Co.Lier County Administrative Senrioes Department Procurement Services Division Attachment 2: Vendor Check List jMPOJZTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your Proposal. Vendor should check off each of the following items as the necessary action is completed: The Proposal has been signed. [t/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. E The mailing envelope has been addressed to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Swainson Hall, Procurement Strategist The mailing envelope must be sealed and marked with Solicitation 15-6524 Consulting Services and Planning Assistance and December 18, 2015. L✓ 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.) (2 If submitting a manual bid, include any addenda (initialed and dated noting understanding and receipt). If submitting bid electronically, bidder will need to download all related documents on www.colliergov.net/bid. The system will date and time stamp when the addendum files were downloaded. ALL COURIER-DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Name of Firm: 5(L C tlrt U` PL.L.Liq Goc Address: 82_9 55 "De AL PM10 3260 City, State, Zip: S t L)Ai2 T F L 3 4 9 91 Telephone: 772, 34 i 2_7 G' 9 Email: ex-e C. 60-U.iGun aCTM. c 5— / ne- . Dresentative Signature: Representative Name: 2 ._ ?.._b a C ,Date 12 l I Packet Page -2052- 15-6524 Consulting Services and Planning Assistance 34 Colter County 4/26/2016 16.E.3. Administrative Services Department Procurement Services Division 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: 1="x.ECc Uic A LLi.A-v►ce 6roVp .Eh Signature and Date: )114 r; ii./0 6-- Print Name Robe Rr GA Z i ' Title of Signatory U , ,Sim /( cz State of --1O n County of P,t1"4i SUBSCRIBED AND SWORN to before me this ` 4 day of UC4 fvl i'-- 20 is by tC-o bet°Av--.- aCk7 d c i c Z- , who is personally known to me to be the v t r-e- P1- c., GLe,-4-- for the Firm, OR who produced the following identification —� c-CDL_,L_g' Notary Public My Commission Expires B114 'Zi\ B ERICA PRESTON ..� -a% Notary Public,State of Florida c7 Commission#FF 147529 Owl My Comm. expires Aug. 4, 2018 Packet Page -2053- 15-6524 Consulting Services and Planning Assistance 35 CleY County 4/26/2016 16.E.3. Administrative Services Department Procurement Services Division Attachment 4: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: Solicitation: 15-6524 Consulting Services and Planning Assistance Dear Commissioners: The undersigned, as Vendor declares that this proposal is made without connection or arrangementwith any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor 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 Vendor states that the proposal is based upon the proposal documents listed by Solicitation: 15-6524 Consulting Services and Planning Assistance. • (Proposal Continued on Next Page) Packet Page -2054- 15-6524 Consulting Services and Planning Assistance 3E PROPOSAL CONTINUED 4/26/2016 16.E.3. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 04 day of December , 2015 in the County of Martin , in the State of FL . Firm's Legal Name: Executive Alliance Group Inc Address: 5929 SE Federal Hwy PMB 326 City, State, Zip Code: Stuart FL 34997 Florida Certificate of P060000071716 Authority Document Number: Federal Tax Identification 20-4924945 Number CCR# or CAGE Code Telephone: 772-341-2769 FAX: Signature by: (Typed and written) Title: Edna Gazdowicz President Additional Contact Information Send payments Company name used as payee to:(require if different from above) Contact Same as Above name: Title: Address: City, State, ZIP Telephone FAX: Email: Packet Page -2055- 1 t 4/26/2016 16.E.3. (0 E w co N ty E tai a. C Z" -g 46 T.5 4a t3 C L •� P 4i as N ? di 0- Q# 01, ` !Packet Page -2056_ :tt ss —43 Co Ter County 4/26/2016 16.E.3. Administrative Services Department Procurement Services Division Attachment 5: Affidavit for Claiming Status as a Local Business Solicitation: 15-6524 Consulting Services and Planning Assistance(Check Appropriate Boxes Below) State of Florida (Select County if Vendor is described as a Local Business ❑ Collier County ❑ Lee County Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy: Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector for at least one year prior to bid or proposal submission to do business within Collier County, and that identifiesthe business with a permanent physical business address located within the limits of Collier County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non-permanent structure such as a construction trailer, storage shed,or other non-permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of upto one year. Vendor must complete the following information: Year Business Established in ❑Collier County or ❑ Lee County: Number of Employees (Including Owner(s) or Corporate Officers): Number of Employees Living in ❑ Collier County or ❑ Lee (Including Owner(s)or Corporate Officers): If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable. Vendor Name: Date: Collier or Lee County Address: Signature: Title: STATE OF FLORIDA ❑ COLLIER COUNTY ❑ LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this Day of , 20 Notary Public My Commission Expires: (AFFIX OFFICIAL SEAL) A15-6524 Consulting Services and Planning Assistance Packet Page -2057- 38 / 4/26/2016 16.E.3. Cotter County Administrative Services Department Procurement Services Division Attachment 6: Immigration Affidavit Certification Solicitation: 15-6524 Consulting Services and Planning Assistance 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, Vendors / 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 vendor'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 jn the E-Verifv program. may deem the Vendor! Bidder's proposal as non-responsive, Collier County will not intentionally award County contracts to any vendor 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 vendor 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. Vendor 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 ^* the time of submission of the Vendor's/ Bidder's proposal. l,ompany Name Ex,e--cur'vE ,(.L-t gat C€ &o p •i JC% Print Name RUl t & 7-0 OC)iC Z-- Title If{e,e, V°i ' (C . /e-e-C :> -- Signature % �.+ �•_ Date /2/0. State of - C)1 County of H carf (( (- The %reoin gg instrument was signed and acknowledged before me this `-t day of ►. f� r -� 20 , by t identification. ( -c XY k- Cs 'Dts��G"Z. who has produced "1-1-1---k-- as identifi (Print or Type Name) (Type of Identification and Number) NotaDy.-Public Sig re . A IRICAPRM$TON 1,,C A =� : % Notary Public,State of Florida FriatO Name of Nota Public Commission#FF 147529 S2� i y, 1 4 "°'"'' My comm. expires Aug. 4, 2018 Notary Commission N mberIExpira ion The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy his affidavit to interrogatories hereinafter made. Packet Page -2058- 15-6524 Consulting Services and Planning Assistance 39 4/26/2016 16.E.3. . Seifyt Empia)MM illigIbNity Verification EOM Coolooda z/0153 0923 taM-r r,eerxaro Loa Or+e , • _, •. , .. �.. ._ ,,;:,..k, .y.,,,..> _ .. t. {ir^4•7'S 41-+aiwth' r94 ,.a:+;":''.a- mole Company Information ih,Ca w New Cast 'Jon C..rw Company Manta: EancuilVe Aimee GraIP I nC """ tat Arose Company Re Prone 10 Mssnber: 370383 Sot"euaYNelh As(Oal1) Eateutme Above Grass Inc Otiose Passwool Meo Ghent*Woo'quairerts o Munrlse� 3 a4 Ant v•n, Physical Location: Moan Address: Edit Coffso sy Preen Address 1: '3048 S;e tt3oa" ^s* Ales 1:5555 SE T ttw: Add New user Aedre to x: Una 519 Ad 2:PIER 320 yip*Enotma u City: fir! Clry: Stuart :vas 4„i,awry%•t...:t.ws1 ! Ft -. Ft My Zap Cods: 314907 22@ Cods 119 : 34+: County: WPM VOW M0fleMM My Resources Additiona1InfonosSion: Vow Essential Reeca,russ Gaya!kient0kation Mss 2044+24945 Taut Tot riO Total Number of Employoos: I to 4 •rn.r,!....,0,..,04 Parent( ardra&i n: r Administrator Contact Us Organization 1/19119/1110011: Emplopkw Calkagorr None of these cologo ses apply MAWS Code Slit-(Ni SERVICE PROVIDERS.WEB SETH : PORTALS AND DATA PROCESSING SERVICES Total Kling Sias: 1 � ' 1 Total of Z '± �., Packet Page 2059 4/26/2016 16.E.3. Adirinistative Sevres Dimon Purchasng Colter'. County Attachment 7:Vendor 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 complete� information that applies o your business and which eturn with your quote no other purpose than herein stated. Pleas or proposal. 1. General Information(provide all information) Taxpayer Name_Executive Alliance Group Inc (as shown on income tax return) Business Name (f different from taxpayer name) Address 5929 SE Federal Hwy,PMB 326 City Start State FL Zip, 34997_ Telephone 772-341-2769 FAX Email execallianceI1iComcast.net 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 i X Corporation 1 _Partnership Partnership Tax Exempt(Federal income tax-exempt entity Limited Liability Company — under Internal Revenue Service guidelines IRC Enter the tax classification 501 (c)3) (D=Disregarded Entity, C=Corporation, P=Partnership) 3. Taxpayer Identification Number(for tax reporting purposes only) Federal Tax Identification Number(TIN) 20-4924945 (Vendors 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 pe lties ofperj , I certify that the information shown on this form is correct to my knowledge. Signature Date 12/04/15 � Title CEO\Vice President Packet Page 2060 Phone Number 772-341-2769 Co':..._ bounty 4/26/201616.E3. Administrative Services Department Procurement Services Division Attachment 8: Insurance and Bonding Requirements tns ranee t 1 00 Type R,04) t imi s Z 1. Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $1,000,000.00single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $1,000,000.00 single limit per occurrence, $2,000,000 aggregate for Bodily ISO form Injury 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 Contractor/Vendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness,or intentionally wrongful conduct of the 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 $ 1,000,000.00 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 El 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 ® Professional Liability $1,000,000.00 Per Occurrence • $ 500,000 each claim and in the aggregate • $1,000,000 each claim and in the aggregate • $2,000.000 each claim and in the aggregate Packet Page -2061- E] Professional Liability $ per claim and in 4/26/2016 16.E.3. • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate 0 Valuable Papers Insurance $ Per Occurrence 6. 0 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. ndor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the equired insurance provisions. 9. ■ Hier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. Ili e 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. GG for Jeff Walker 11/612015 Vendor'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 _Techinsurance Date 12/04/15 Vendor Signature Authorized Signature on ACCORD expires 4/21/16 Print Name Ann Nordeen Insurance Agency „Techlnsuranee_ Packet Page-2062- Telephone Number S12-690-4122 x 1.31_ Agent Name Ann Nordeen 149519 Executive Alliance Group Inc Certificate of Insurance (page 1 of 1) 4ft/'sANM1ACi.2.2.40 DIA '.AmMik • 4/26/2016 16.E.3. '`` ° CERTIFICATE OF LIABILITY INSURANCE I °"'E'""°°"""'� 10!30'2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. MS CERT FICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW TIES 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 ADDrhONAL INSURED,the poNcy(Iss)must be endorsed. If SUBROGATION M WANED,subject to the teens and conditions of the policy,certain policies may require an endorsement. A statement on this certMate does not confer rights to the certificate holder m Nee of such endionismiontts.), 0o0 TecMrls rme °010 800-608-7020 tAi�Nat (877)826-9067 , :::TechInsurance 1301 Central Espy.South,Suite 115 - Alien,TX 75013 'i1 ^r••_• CUSTOMER ID tit INSURED sesurvarsa AFFORDING COVE RAC• INSURER A: Hartford Casualty Insurance Company 29424 Executive Affiance croup kIo MUM B: PhNadelphla Indemnity Insurance Company 18058 5929 Se Federal Hwy Pmt 328 mums c: Stuart,FL 349977871 • I JISU RER E: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY 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 me y .. POLICY M1fnR LIMITS GENERAL IJABp fY EACH OCCURRENCE $2A00,000 d RENTED COMMERCIAL GENERAL LIABILITY O $900AND 1 CLAMS-MADE r OCCurr MEDExr(ANY onoPer•on) $ +0000 _ A Yes 4698MVCSII6 V2112015 41212016 PERSONAL&AM INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000.000 GEL AGGREGATE UMIT APPJESPER PRODUCTS AGO $ 4,000,000 71 POLICY j—] !Loc $ AUTOMOBILE LIABILITY Y - COMBINED SINGLE MIT ANY AUTO (b a 2'�'� ALL OWNED AUTOS BODILY INJURY(Per period $ A — SCHEDULED AUTOS Yea - BODILY INJURY(Per accident) $ 40SEINC88B7 412112015 4121/2018 PROPERTY!?AMAGE a HIRED AUTOS (Per eXiden0 1" NON-OVW D AUTOS - $ .-., UMBRI1UMBRELLA LJAB $ EACH OCCURRENCE S EXCFS9 LfAB - _, AGGREGATE $ • DEDUCTIBLE $ Rt TENTION $ $ WORKERS COMPENSATION 11 LA S 1 19144. AND EMPLOYERS'LIABILITY ANY PROPRETDWPARTNERID(ECUTIVE YiN OFFICERIABER EXCLUDED? N I A E L EACH ACCtOEM $ rips, describe in INE under E_L.DISEASE-EA EMPLOYEE s DE$CR(PT5)N OF OPERATIONS pebw EL DISEASE-POLICY LIMIT S B Professional Liabriy(Emirs and Omissions) PHBD1090944 11!21!2015 1121/2016 $500,0001$500,000 DESCRIPTION Of OPERATIONS!LOCATIONS/MUSCLES(AWNS ACORD 101,Additions!Rim** ,N norespics I*mcpupad) - Col fer County Board of County Commissioners is named as Additional Insured with regard to the general liability and aut mob11e kabNlity. • CERTIFICATE HOLDER CANCELLATION Corner County Board of County Commissioners SHOULD ANY OF DIE ABOVE POLICIES BE CANCELLED BEFORE x�,,., THE CATION DATE THEREOF, NOTICE WILL ENE mimeo IN 3301 East Tanliam t Trt ACCORDANCE WITH THE POLICY PROVISIONS. Naples,FL 34112 Ammons)pIIhESENTAOVE I Packet Page -2063- 019884009 ACORD CORPORATION. All rights reserved. ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD 4/26/2016 16.E.3. REQUEST FOR PROPOSAL Co tier County Administrative Services Department Procurement Services Division COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS solicitation 15-6521 Information Technology On-Call Services Rhonda Cummings, CPPB, Procurement Strategist 239-252-8941 (Telephone) 239-252-6700(Fax) RhondaCummings @colliergov.net(Email) This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. Pmzerent 5er.ms[m on•3327 Tamiami Trail East•Naples.Florida 34112-4901•239-252-P07•aces...a'.ie geV ne Upracurem,c7serwces Packet Page-2064- 4/26/2016 16.E.3. Table of Contents LEGAL NOTICE 3 EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT 4 EXHIBIT II: GENERAL RFP INSTRUCTIONS 10 EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS 14 EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP 19 ATTACHMENT 1: VENDOR'S NON-RESPONSE STATEMENT 28 ATTACHMENT 2: VENDOR CHECK LIST 29 ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT 30 ATTACHMENT 4: VENDOR DECLARATION STATEMENT 31 ATTACHMENT 5: AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS 34 ATTACHMENT 6: IMMIGRATION AFFIDAVIT CERTIFICATION 36 ATTACHMENT 7: VENDOR SUBSTITUTE W—9 38 ATTACHMENT 8: INSURANCE AND BONDING REQUIREMENTS 40 ATTACHMENT 9: REFERENCE QUESTIONNAIRE 43 15-6521 RFP_N o n_C C NATem p l a te_04152015 2 Packet Page -2065- 4/26/2016 16.E.3. Coder County Administrative Services Department Procurement Services Division Legal Notice Sealed Proposals to provide Information Technology On-Call Services will be received until 2:30 PM Naples local time, on November 30, 2015 at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. Solicitation 15-6521 Information Technology On-Call Services Services to be provided may include, but not be limited to the following: A non-mandatory pre-proposal conference will be held on November 16, 2015, commencing promptly at 10:00 AM, and will be held in the Purchasing Department Conference Room, Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112 All statements shall be made upon the official proposal form which may be obtained on the Collier County Purchasing Department Online Bidding System website: www.colliernov.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/purchasing and in the Lobby of Purchasing Building "G", Collier County Government Center on November 6, 2015. Roaencv Scrices De�mnert.3327 Tamiarli.rail tact•t3plos_F,or:dr 34.l2 7•0'•,Iv'vr colltc-gov rc•puchacing 15-6521 RFP_Non_CCNATemplate_04152015 3 Packet Page -2066- 4/26/2016 16.E.3. Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Information Technology Division (hereinafter, the "Division or Department"), the Collier County Board of County Commissioners Procurement Services Division (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. Brief Description of Purchase Collier County is experiencing increasing demands upon its Business Application group within the Information Technology Department. This solicitation seeks to enter into an agreement with a firm(s) to provide project management and guidance as it relates to business process automation, business intelligence and technology planning. Historically, County departments have spent approximately $176,000 annually. Detailed Scope of Work To mitigate demand, the IT Department would like to engage with consultants on an as-needed basis to provide application analyst services. Application Analysts' main job functions are: - - • To serve as the customer relationship manager between the business units that purchases IT services and the IT Department. • To provide direct technical support to the end user community for applications and act as a technical intermediary between the end users and the application vendor. • To serve as the project coordinator resource for division project managers for all IT resources that are required to execute projects Possible primary tasks include but are not limited to: • Assist business unit staff with other vendor management tasks as requested. • Configure application software, design and conduct acceptance testing, performance testing, and troubleshooting in conjunction with new or existing software applications. • Backend and client side application troubleshooting. • Create and update application documentation including but not limited to architectural diagrams, workflow, installation, troubleshooting, and end user instructions. • Provide support and manage data integrity for application's Microsoft SQL databases • Write, modify, or repair reports using Microsoft Reporting Services • Design, write and maintain GIS script programs in an ESRI environment. • Work within the Information Technology division's policies and procedures to provide service • Communicates with, shares documentation, and works alongside of IT Applications Analysts • Accounting for their time within the department's time tracking system per policy and practice. 15-6521 RFP_Non_CCNATemplate_04152015 4 Packet Page -2067- 4/26/2016 16.E.3. Possible secondary tasks to provide the following project management support to the contracting department's project managers: • Contract management—comply with contract terms for vendor communications / notice for technical acceptance or notice of technical deficiencies. • Management of vendor's and technical deliverables. • Developing and maintaining project documentation, correspondence and training materials per department policy and practice. • Developing project authorization documents and obtaining proper approvals (project charters, project management plans, close out documentation). • Providing regular summaries of project statuses and issues including cost and time tracking. • Executing total cost of ownership (TCO) studies to support build/buy decisions or vendor selection processes. Contractor remote access will be provided via VPN access only supplied by Collier County IT. All access must comply with most current published County Manager Agency (CMA) policies. Current policies that apply are CMA 5402 and CMA 5403, CMA 5405 and CMA 5390 for back ground checks and finger printing. All contractors will be required to adhere to County and IT Policies for access to the Collier County network. The details for finger printing can be found using the following link: https://florida.fieldprint.com/User/Signln The contractor shall indicate their required lead time to provide appropriate resources as part of each work order under this contract. It is anticipated that the chosen consultant(s) will be agile and be able to quickly respond to proposed scopes of work, and will have the ability to deal with not only large scopes of service (more than 100 hours) but with small scopes of service (less than 100 hours) ones also. The small scopes of service often need to be completed quickly to add value to the organization. It shall be understood and agreed that any and all services, materials and equipment shall comply fully with all Local, State and Federal laws and regulations. This contract is a personal services contract. The nature of the exact skills to deliver the work specified in each work order under this contract will vary. The contractor shall respond to each work order with a resume which includes specific qualifications with respect to the work in the associated work order. Term of Contract The contract term, if an award(s) is/are made is intended to be for two (2) years with two (2) one (1) year renewals. Prices shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment must be made on the contract anniversary date, in writing, to the Purchasing Director. Price adjustments are dependent upon budget availability and Program Manager approval. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. Price adjustments are dependent upon the consumer price index (CPI) over the past twelve (12) months, budget availability and program manager approval. 15-6521 R F P_N o n_C C N AT e m p l a to_04152015 5 Packet Page -2068- 4/26/2016 16.E.3. 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 November 6, 2015 Last Date for Receipt of Written Questions November 23, 2015, 4:00 PM, Naples Local Time Pre-proposal meeting November 16, 2015 at 10:00 AM, Naples Local Time and Locations Addendum Issued Resulting from Written Questions or Pre- TBD Proposal Conference Solicitation Deadline Date and Time November 30, 2015, 2:30 PM, Naples Local Time Anticipated Evaluation of Submittals December 2015 Anticipated Completion of Contract Negotiations January 2016 Anticipated Board of County Commissioner's Contract January 2016 Approval Date Response Format The Vendor 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 Vendor further agrees that if it is awarded a contract, 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 Vendor's approach and ability to meet the County's needs, as stated in this RFP. All proposals should be presented as described in this RFP in PDF or Microsoft Word format with Tabs clearly marked. If outlined in this RFP, the utilization of recycled paper for proposal submission is strongly encouraged. 15-6521 RFP_N on_CC NATem plate_04152015 6 Packet Page -2069- 4/26/2016 16.E.3. The items listed below shall be submitted with each proposal and should be submitted in the order shown. Each section should be clearly labeled, with pages numbered and separated by tabs. Failure by a Vendor to include all listed items may result in the rejection of its proposal. 1. Tab I, Cover Letter/ Management Summary (0 points) 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 Vendor's certification that the Vendor will accept any awards as a result of this RFP. List all proposed subcontractors who will participate on the team. 2. Tab II, Cost of Services to the County (20 points) • Identify the various categories of staff that will be assigned to this contract and the hourly rate for each category of staff. • What types of categories of personnel are available within your firm and what skill sets do you maintain and what skill sets are subcontracted. What is the percentage of on- site verses subcontracted? • Currently, Collier County On-Call IT Project Management work is performed 98% onsite and 2% of the work is performed remotely. The contractor shall provide a rate for on- site work and a rate for remote work. Travel and Reimbursable Expenses must be approved in advance in writing by the County. Travel expenses shall be reimbursed as per Section 112.061 Fla. Stats. Any trips within Collier and Lee Counties are expressly excluded. 3. Tab III, Experience and Capacity of Firm (30 points) • Provide information below, documenting the public entities that your firm has worked with in Florida previously and other states. • Provide a copy of your DUN and Bradstreet rating. • Provide a transcript of Experian or Transunion credit rating report. • How many projects does your firm complete and/or maintain per year? • What types of projects is your firm involved in? • How long does your average project take? • Identify the types of projects that are managed on-site and remote. Articulate the instances when you would advocate using a Remote employee vs an onsite employee • What is the typical response time for a request to perform services, dependent upon the complexity of the project? • How many years have you been providing these types of services to a Governmental Entity? List Current Projects in the Format Identified Below Original Final Number of Project Description Start Date End Date Budget Project Change Cost Orders 15-6521 RFP Non CCNATemplate_04152015 7 Packet Page -2070- 4/26/2016 16.E.3. 4. Tab IV, Specialized Expertise of Team Members (25 points) • Attach brief 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, including their certifications, i.e., PMI, etc. • What is the plan of approach that each team member will take to Project Management? • What is the plan of approach that sub-consultants will assume?. • If sub-consultants are being utilized, letters of intent from stated sub-consultants must be included with proposal submission. Identify the types of Software & Hardware platform your firm is most used too. What software packages do you work with the most? What is your experience with Cloud based solutions or Software as a Service? 5. Tab V, References (15 points): See Attachment 9 In order for the vendor to be awarded any points for this tab, the County requests that the vendor 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 vendor in their proposal. Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each vendor's information provided in this area: • The County shall total each of the vendor's five reference questionaires 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)). Vendors 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 vendor who has the highest score. • The next highest vendor's number of points will be divided by the highest vendor's points which will then be multiplied by criteria points to determine the vendor's points awarded. Each subsequent vendor's point score will be calculated in the same manner. • Points awarded will be extended to the first decimal point (per Microsoft Excel). For illustrative purposes only, see chart for an example of how these points would be distributed among the five proposers. Vendor Name Vendor Total Reference Score Points Awarded Vendor ABC 445 20 Vendor DEF 435 19.6 Vendor GHI 425 19.1 Vendor JKL 385 17.3 15-6521 RFP_Non_CC NATemplate_04152015 8 Packet Page-2071- 4/26/2016 16.E.3. Vendor MNO 385 17.3 Vendor PQR 250 11.2 Note: Sample chart reflects a 20 point reference criterion. The points awarded by vendor will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the vendor's proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per vendor. 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 this 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 Vendor 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: Vendor Check List • Attachment 3: Conflict of Interest Affidavit • Attachment 4: Vendor Declaration Statement • Attachment 5: Affidavit for Claiming Status as a Local Business • Attachment 6: Immigration Affidavit Certification • Attachment 7: Vendor Substitute W-9 • Attachment 8: Insurance and Bonding Requirements • Attachment 9: Reference Questionnaire • Other: Addendum and any other information the vendor would like to present 15-6521 RFP_Non_CCNATemplate_04152015 9 Packet Page -2072- 4/26/2016 16.E.3. 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. Vendors 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 this RFP with all prospective Vendors 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 this RFP as an addendum. All prospective Vendors 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 Vendors 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 Vendor if the Vendor 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 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 Vendor 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 October 30, 2015 to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 15-6521 REP_N o n_C C NATe m p l ate_04152015 10 Packet Page -2073- 4/26/2016 16.E.3. Attn: Rhonda Cummings, CPPB, 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. Vendors must submit one (1) paper copy clearly labeled "Master," and (6) six disks (CD's/DVD's)with one copy of the proposal on each disk in Word, Excel or PDF. 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 Vendor 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 Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 2013-69 establishing and adopting the Collier County Purchasing Policy. The County may, as it deems necessary, conduct discussions with qualified Vendors 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 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 shall 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. the Procurement Strategist will post a 6. Prior to the first meeting of the selection committee, notice announcing the date, time and place of the first committee meeting. Said notice shall be posted in the lobby of the Purchasing Building not less than three (3)working days prior to 15-6521 RFP_Non_CCNATemplate_04152015 11 Packet Page -2074- 4/26/2016 16.E.3. the meeting. The Procurement Strategist will also post prior notice of all subsequent committee meetings and shall endeavor to post such notices at least one (1) day in advance of all subsequent meetings. 7. The committee will compile individual rankings, based on the evaluation criteria as stated herein, for each proposal to determine committee recommendations. The committee may at their discretion, schedule presentations or demonstrations from the top-ranked firm(s), make site visits, and obtain guidance from third party subject matter experts. The final recommendation will be decided based on review of scores and consensus of committee. The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, and/or amendments as it may deem appropriate. Receipt of a proposal by the County or a submission of a proposal to the County offers no rights upon the Vendor nor obligates the County in any manner. Acceptance of the proposal does not guarantee issuance of any other governmental approvals. Proposals which include provisions requiring the granting of zoning variances shall not be considered. 10. References The County reserves the right to contact any and all references pertaining to this solicitation and related proposal. 11. Proposal Selection Committee and Evaluation Factors The County Manager shall appoint a Selection.Committee to review all proposals submitted. The. factors to be considered in the evaluation of proposal responses are listed below. Tab II, Cost of Services to the County 20 Points Tab III, Experience and Capacity of Firm 30 Points Tab IV, Specialized Expertise of Team Members 25 Points Tab V, References 15 Points Local Vendor Preference 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 vendor (as obtained from the County's financial system) within the last five (5) years will receive the higher individual ranking. 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. 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 the County of Collier. 15-6521 RFP_Non_CC NATem p late_04152015 12 Packet Page -2075- 4/26/2016 16.E.3. 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 Vendor, or their refusal to enter into the Collier County contract, the County reserves the right to accept the proposal of any other Vendor or to re-advertise using the same or revised documentation, at its sole discretion. 15-6521 RFP_Non_CCNATemplate_04152015 13 Packet Page -2076- 4/26/2016 16.E.3. Exhibit III: Collier County Purchase Order Terms and Conditions 1. Offer reserves the right to cancel the entire This offer is subject to cancellation by remainder of the Purchase Order if the COUNTY without notice if not goods and/or services provided early in accepted by VENDOR within fourteen the term of the Purchase Order are (14) days of issuance. non-conforming or otherwise rejected by the COUNTY. 2. Acceptance and Confirmation 4. Shipping and Invoices This Purchase Order (including all a) All goods are FOB destination and documents attached to or referenced must be suitably packed and therein) constitutes the entire prepared to secure the lowest agreement between the parties, unless transportation rates and to comply otherwise specifically noted by the with all carrier regulations. Risk of COUNTY on the face of this Purchase loss of any goods sold hereunder Order. Each delivery of goods and/or shall transfer to the COUNTY at the services received by the COUNTY from time and place of delivery; provided VENDOR shall be deemed to be upon that risk of loss prior to actual receipt the terms and conditions contained in of the goods by the COUNTY this Purchase Order. nonetheless remain with VENDOR. b) No charges will be paid by the No additional terms may be added and COUNTY for packing, crating or Purchase Order may not be changed cartage unless otherwise specifically except by written instrument executed stated in this Purchase Order. by the COUNTY. VENDOR is deemed Unless otherwise provided in to be on notice that the COUNTY Purchase Order, no invoices shall be objects to any additional or different issued nor payments made prior to terms and conditions contained in any delivery. Unless freight and other acknowledgment, invoice or other charges are itemized, any discount communication from VENDOR, will be taken on the full amount of notwithstanding the COUNTY'S invoice. acceptance or payment for any delivery c) All shipments of goods scheduled on of goods and/or services, or any similar the same day via the same route act by VENDOR. must be consolidated. Each shipping container must be 3. Inspection consecutively numbered and marked All goods and/or services delivered to show this Purchase Order hereunder shall be received subject to number. The container and the COUNTY'S inspection and approval Purchase Order numbers must be and payment therefore shall not indicated on bill of lading. Packing constitute acceptance. All payments are slips must show Purchase Order subject to adjustment for shortage or number and must be included on rejection. All defective or each package of less than container nonconforming goods will be returned load (LCL) shipments and/or with pursuant to VENDOR'S instruction at each car load of equipment. The VENDOR'S expense. COUNTY reserves the right to refuse or return any shipment or To the extent that a purchase order equipment at VENDOR'S expense requires a series of performances by that is not marked with Purchase VENDOR, the COUNTY prospectively Order numbers. VENDOR agrees 15-6521 R FP_No n_CC NATem pl ate_04152015 14 Packet Page -2077- 4/26/2016 16.E.3. to declare to the carrier the value of adjustment in the price and/or delivery any shipment made under this schedule will be negotiated by the Purchase Order and the full invoice COUNTY and VENDOR. value of such shipment. Notwithstanding the foregoing, d) All invoices must contain the VENDOR has an affirmative obligation Purchase Order number and any to give notice if the changes will other specific information as decrease costs. Any claims for identified on the Purchase Order. adjustment by VENDOR must be made Discounts of prompt payment will be within thirty (30) days from the date the computed from the date of receipt of change is ordered or within such goods or from date of receipt of additional period of time as may be invoices, whichever is later. agreed upon by the parties. Payment will be made upon receipt of a proper invoice and in 7. Warranties compliance with Chapter 218, Fla. VENDOR expressly warrants that the Stats., otherwise known as the goods and/or services covered by this "Local Government Prompt Payment Purchase Order will conform to the Act," and, pursuant to the Board of specifications, drawings, samples or County Commissioners Purchasing other descriptions furnished or specified Policy. by the COUNTY, and will be of satisfactory material and quality 5. Time Is Of the Essence production, free from defects and Time for delivery of goods or sufficient for the purpose intended. performance of services under this Goods shall be delivered free from any Purchase Order is of the essence. security interest or other lien, - Failure of VENDOR to meet delivery encumbrance or claim of any third party. . schedules or deliver within a reasonable These warranties shall survive time, as interpreted by the COUNTY in inspection, acceptance, passage of title its sole judgment, shall entitle the and payment by the COUNTY. COUNTY to seek all remedies available to it at law or in equity. VENDOR 8. Statutory Conformity agrees to reimburse the COUNTY for Goods and services provided pursuant any expenses incurred in enforcing its to this Purchase Order, and their rights. VENDOR further agrees that production and transportation shall undiscovered delivery of nonconforming conform to all applicable laws, including goods and/or services is not a waiver of but not limited to the Occupational the COUNTY'S right to insist upon Health and Safety Act, the Federal further compliance with all Transportation Act and the Fair Labor specifications. Standards Act, as well as any law or regulation noted on the face of the 6. Changes Purchase Order. The COUNTY may at any time and by written notice make changes to 9. Advertising drawings and specifications, shipping No VENDOR providing goods and instructions, quantities and delivery services to the COUNTY shall advertise schedules within the general scope of the fact that it has contracted with the this Purchase Order. Should any such COUNTY for goods and/or services, or change increase or decrease the cost appropriate or make use of the of, or the time required for performance COUNTY'S name or other identifying of the Purchase Order, an equitable marks or property without the prior 15-6521 RF P_Non_CCNATemplate_04152015 15 Packet Page -2078- 4/26/2016 16.E.3. written consent of the COUNTY'S they become non-infringing, (without Purchasing Department. any material degradation in performance, quality, functionality or additional cost to the COUNTY). 10. Indemnification VENDOR shall indemnify and hold 12. Insurance Requirements harmless the COUNTY from any and all The VENDOR, at its sole expense, shall claims, including claims of negligence, provide commercial insurance of such costs and expenses, including but not type and with such terms and limits as limited to attorneys' fees, arising from, may be reasonably associated with the caused by or related to the injury or Purchase Order. Providing and death of any person (including but not maintaining adequate insurance limited to employees and agents of coverage is a material obligation of the VENDOR in the performance of their VENDOR. All insurance policies shall duties or otherwise), or damage to be executed through insurers authorized property (including property of the or eligible to write policies in the State of COUNTY or other persons), which arise Florida. out of or are incident to the goods and/or services to be provided 13. Compliance with Laws hereunder. In fulfilling the terms of this Purchase Order, VENDOR agrees that it will 11. Warranty of Non-Infringement comply with all federal, state, and local VENDOR represents and warrants that laws, rules, codes, and ordinances that all goods sold or services performed are applicable to the conduct of its under this Purchase Order are: a) in business. By way of non-exhaustive compliance with applicable laws; b) do example, this shall include the American not infringe any patent, trademark, with Disabilities Act and all prohibitions copyright or trade secret; and c) do not against discrimination on the basis of constitute unfair competition. race, religion, sex creed, national origin, handicap, marital status, or veterans' VENDOR shall indemnify and hold status. Further, VENDOR harmless the COUNTY from and against acknowledges and without exception or any and all claims, including claims of stipulation shall be fully responsible for negligence, costs and expense, complying with the provisions of the including but not limited to attorneys' Immigration Reform and Control Act of fees, which arise from any claim, suit or 1986 as located at 8 U.S.C. 1324, et proceeding alleging that the COUNTY'S seq. and regulations relating thereto, as use of the goods and/or services either may be amended. Failure by the provided under this Purchase Order are awarded firm(s) to comply with the laws inconsistent with VENDOR'S referenced herein shall constitute a representations and warranties in breach of the award agreement and the section 11 (a). County shall have the discretion to unilaterally terminate said agreement If any claim which arises from immediately. Any breach of this VENDOR'S breach of section 11 (a) has provision may be regarded by the occurred, or is likely to occur, VENDOR COUNTY as a material and substantial may, at the COUNTY'S option, procure breach of the contract arising from this for the COUNTY the right to continue Purchase Order. using the goods or services, or replace or modify the goods or services so that 14. Force Majeure 15-6521 RFP_Non_CCNATem plate_04152015 16 Packet Page-2079- 4/26/2016 16.E.3. Neither the COUNTY nor VENDOR VENDOR with notice of such breach shall be responsible for any delay or and VENDOR has failed to cure within failure in performance resulting from any 10 days of receipt of such notice. cause beyond their control, including, but without limitation to war, strikes, civil 19. General disturbances and acts of nature. When a) This Purchase Order shall be VENDOR has knowledge of any actual governed by the laws of the State of or potential force majeure or other Florida. The venue for any action conditions which will delay or threatens brought to specifically enforce any of to delay timely performance of this the terms and conditions of this Purchase Order, VENDOR shall Purchase Order shall be the immediately give notice thereof, Twentieth Judicial Circuit in and for including all relevant information with Collier County, Florida respects to what steps VENDOR is b) Failure of the COUNTY to act taking to complete delivery of the goods immediately in response to a breach and/or services to the COUNTY. of this Purchase Order by VENDOR shall not constitute a waiver of 15. Assignment breach. Waiver of the COUNTY by VENDOR may not assign this Purchase any default by VENDOR hereunder Order, nor any money due or to become shall not be deemed a waiver of any due without the prior written consent of subsequent default by VENDOR. the COUNTY. Any assignment made c) All notices under this Purchase without such consent shall be deemed Order shall be sent to the respective void. addresses on the face page by certified mail, return receipt -.:16. Taxes requested, by overnight . courier Goods and services procured subject to service, or by personal delivery and this Purchase Order are exempt from will be deemed effective upon Florida sales and use tax on real receipt. Postage, delivery and other property, transient rental property charges shall be paid by the sender. rented, tangible personal purchased or A party may change its address for rented, or services purchased (Florida notice by written notice complying Statutes, Chapter 212), and from federal with the requirements of this section. excise tax. d) The Vendor agrees to reimbursement of any travel 17. Annual Appropriations expenses that may be associated The COUNTY'S performance and with this Purchase Order in obligation to pay under this Purchase accordance with Florida Statute Order shall be contingent upon an Chapter 112.061, Per Diem and annual appropriation of funds. Travel Expenses for Public Officers, employees and authorized persons. 18. Termination e) In the event of any conflict between This Purchase Order may be terminated or among the terms of any Contract at any time by the COUNTY upon 30 Documents related to this Purchase days prior written notice to the Order, the terms of the Contract VENDOR. This Purchase Order may be Documents shall take precedence terminated immediately by the COUNTY over the terms of the Purchase for breach by VENDOR of the terms and Order. To the extent any terms and conditions of this Purchase Order, /or conditions of this Purchase Order provided that COUNTY has provided duplicate or overlap the Terms and 15-6521 RFP_Non_CC NATem plate_04152015 17 Packet Page -2080- 4/26/2016 16.E.3. Conditions of the Contract most favorable to the County and/or Documents, the provisions of the provide the greatest protection to the Terms and/or Conditions that are County shall govern. 15-6521 R F P_N o n_C C NATem p l ate_04152015 18 Packet Page-2081- 4/26/2016 16.E.3. Exhibit IV: Additional Terms and Conditions for RFP 1. Insurance Requirements The Vendor 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 Vendor 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 Vendor waive against each other and the County's separate Vendors, 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 Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, 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 Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor 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 the Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor 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 Vendor'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 Vendor 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 Vendor. The Vendor 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 Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor 15-6521 RF P_Non_CC NATem plate_04152015 19 Packet Page -2082- 4/26/2016 16.E.3. hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor 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 Vendor for such coverage(s) purchased. If Vendor 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 Vendor under this Agreement or any other agreement between the County and Vendor. 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 Vendor 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 Vendor 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 vendor extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful vendor. 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. County's Right to Inspect The County or its authorized Agent shall have the right to inspect the Vendor's facilities/project site during and after each work assignment the Vendor is performing. 5. Vendor Performance Evaluation The County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 6. Additional Terms and Conditions of Contract Collier County has developed standard contracts/agreements, approved by the Board of County Commissioners (BCC). The selected Vendor 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 Vendor. 15-6521 RFP_Non_CCNATem plate_04152015 20 Packet Page -2083- 4/26/2016 16.E.3. The County's project manager, shall coordinate with the Vendor/Contractor the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work. 7. 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 ancollierclerk.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." 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. 15-6521 RFP_Non_CC NATem pl ate_04152015 21 Packet Page -2084- 4/26/2016 16.E.3. 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. 8. Environmental Health and Safety All Vendors and Sub vendors 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. Vendors and Sub vendors 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 Vendor's work operations. This provision is non-negotiable by any department and/or Vendor. 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. 9. Licenses The Vendor 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 Vendor to submit the required documentation may be grounds to deem Vendor non-responsive. A Vendor, 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. 15-6521 RFP_Non_CCNATem plate_04152015 22 Packet Page -2085- 4/26/2016 16.E.3. 10. Principals/Collusion By submission of this Proposal the undersigned, as Vendor, 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. 11. Relation of County It is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor, and that neither the Vendor 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 Vendor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 12. Termination Should the Vendor 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. 13. 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 Proposal closing 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. 14. Public Records Compliance The Vendor/Contractor agrees to comply with the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2) (a)-(d) and (3)), ordinances, codes, rules, regulations and requirements of any governmental agencies. 15. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) 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. 15-6521 RF P_Non_CCNATem plate_04152015 23 Packet Page-2086- 4/26/2016 16.E.3. 16. Single Proposal Each Vendor 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. Work Orders: The Consultant agrees that any Work Order that extends beyond the expiration date of Solicitation 15-6521 will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Work Order. 17. Protest Procedures Any prospective vendor/ proposer who desires to protest any aspect(s) or provision(s) of the solicitation (including the form of the solicitation documents or procedures) shall file their protest with the Procurement Director prior to the time of the bid opening strictly in accordance with the County's then current purchasing ordinance and policies. 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. 18. Public Entity Crime A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 19. Security and Background Checks If required, 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. 15-6521 RFP_Non_CCNATemplate 04152015 24 Packet Page -2087- 4/26/2016 16.E.3. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 20. Conflict of Interest Vendor 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. 21. 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. 22. Immigration 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 Vendors / 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 vendor'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. Vendors 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. If the BidderNendor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's I vendor's proposal may be deemed non-responsive. Additionally, vendors shall require all subcontracted vendors 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 vendor's responsibility to familiarize themselves with all rules and regulations governing this program. 15-6521 R F P_N o n_CC N ATe m p l ate_04152015 25 Packet Page-2088- 4/26/2016 16.E3. Vendor 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. 23. Collier County Local Preference Policy Collier County provides an incentive to local business to enhance the opportunities of local businesses in the award of County contracts. In the evaluation of proposals, the County rewards Vendors for being a local business by granting a ten (10) points incentive in the evaluation criterion points. Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector for at least one year prior to bid or proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non- permanent structure such as a construction trailer, storage shed, or other non-permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. Under this solicitation proposers desiring to receive local preference will be invited and required to affirmatively state and provide documentation as set forth in the solicitation in support of their status as a local business. Any proposer who fails to submit sufficient documentation with their proposal offer shall not be granted local preference consideration for the purposes of that specific contract award. Except where federal or state law, or any other funding source, mandates to the contrary, Collier County and its agencies and instrumentalities, will give preference to local businesses in the following manner. For all purchases of commodities and services procured through a competitive proposal process and not otherwise exempt from this local preference section, the solicitation shall include a weighted criterion for local preference that equals 10 percent of the total points in the evaluation criteria published in the solicitation. Purchases of professional services as defined and identified under subsection 11B.2 (which are subject to Section 287.055, F.S.) and subsection 11B.3 (which are subject to Section 11.45, F.S.) shall not be subject to this local preference section. The vendor must complete and submit with their proposal response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a vendor to submit this Affidavit with their proposal response will preclude said Vendor from being considered for local preference under this solicitation. 15-6521 R F P_N o n_C C NATe m p l ate_04152015 26 Packet Page -2089- 4/26/2016 16.E.3. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. 15-6521 RFP Non CCNATemplate_04152015 27 Packet Page -2090- 4/26/2016 16.E.3. Co lfer County Administrative Services Department Procurement Services Division Attachment 1: Vendor'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 Vendors 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 Solicitation 15-6521 Information Technology On-Call Services 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 15-6521 RFP_Non_CCNATemplate_04152015 28 Packet Page -2091- 4/26/2016 16.E.3. Collier County Administrative Services Department Procurement Services Division Attachment 2: Vendor Check List IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your Proposal. Vendor 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: Rhonda Cummings, Procurement Strategist ❑ The mailing envelope must be sealed and marked with Solicitation 15-6521 Information Technology On-Call Services on November 21, 2015. ❑ 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.) H If submitting a manual bid, include any addenda (initialed and dated noting understanding and receipt). If submitting bid electronically, bidder will need to download all related documents on www.colliergov.net/bid. The system will date and time stamp when the addendum files were downloaded. 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 15-6521 R F P_Non_CCNATem pI ate_04152015 29 Packet Page -2092- 4/26/2016 16.E.3. Co ter Coulyty Administrative Services Department Procurement Services Division 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 15-6521 R F P_N o n_C C NATe m p l ate_04152015 30 Packet Page -2093- 4/26/2016 16.E.3. corbel-County Administrative Services Department Procurement Services Division Attachment 4: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: Solicitation: 15-6521 Information Technology On-Call Services Dear Commissioners: The undersigned, as Vendor 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 Vendor 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 Vendor states that the proposal is based upon the proposal documents listed by Solicitation: 15-6521 On-Call IT Project Management. (Proposal Continued on Next Page) 15-6521 RFP_Non_CCNATempiate_04152015 31 Packet Page-2094- 4/26/2016 16.E.3. PROPOSAL CONTINUED IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of , 20 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: Additional Contact Information Send payments to: Company name used as payee (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: FAX: Email: Office servicing Collier County to place orders (required if 15-6521 RF P_Non_CC NATem plate_04152015 32 Packet Page -2095- 4/26/2016 16.E.3. different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email 15-6521 RFP_Non_CCNATemplate_04152015 33 Packet Page-2096- 4/26/2016 16.E.3. Go ier County Administrative Services Department Procurement Services Division Attachment 5: Affidavit for Claiming Status as a Local Business Solicitation: 15-6521 Information Technology On-Call Services (Check Appropriate Boxes Below) State of Florida (Select County if Vendor is described as a Local Business ❑ Collier County ❑ Lee County Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy: Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector for at least one year prior to bid or proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non-permanent structure such as a construction trailer, storage shed, or other non-permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their _ compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. Vendor must complete the following information: Year Business Established in IlCollier County or n Lee County: Number of Employees (Including Owner(s) or Corporate Officers): Number of Employees Living in n Collier County or I I Lee (Including Owner(s) or Corporate Officers): If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable. Vendor Name: Date: Collier or Lee County Address: Signature: Title: 15-6521 RFP_Non_CCNATem plate_04152015 34 Packet Page -2097- 4/26/2016 16.E.3. STATE OF FLORIDA fl COLLIER COUNTY ❑ LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this Day of , 20 Notary Public My Commission Expires: (AFFIX OFFICIAL SEAL) 15-6521 RFP_N on_CCNATem plate_04152015 35 Packet Page -2098- 4/26/2016 16.E.3. Co ier Co-r my Administrative Services Department Procurement Services Division Attachment 6: Immigration Affidavit Certification Solicitation: 15-6521 Information Technology On-Call Services 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, Vendors/ 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 vendor'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 E-Verify program, may deem the Vendor/ Bidder's proposal as non-responsive. Collier County will not intentionally award County contracts to any vendor 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 vendor 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. Vendor 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 Vendor'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 15-6521 RFP_Non_CCNATem plate_04152015 36 Packet Page-2099- 4/26/2016 16.E.3. 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. 15-6521 RFP_Non_CCNATemplate_04152015 37 Packet Page -2100- 4/26/2016 16.E.3. Goer County Administrative Services Department Procurement Services Division Attachment 7: Vendor 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) 15-6521 R F P_N o n_C C NATe m p l ate_04152015 38 Packet Page -2101- Partnership 4/26/201616.E.3. _Individual /Sole Proprietor Corporation — Tax Exempt (Federal income tax- — Limited Liabi ity Company —exempt entity under Internal Revenue Service guidelines IRC Enter the tax classification 501 (c) 3) !n c nieranarrrarl Fntity (' = ('nrnnratinn P 3. Taxpayer Identification Number(for tax reporting purposes only) Federal Tax Identification Number (TIN) (Vendors 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 15-6521 RF P_Non_CCNATemplate_04152015 39 Packet Page -2102- 4/26/2016 16.E3. Gager e-r County Administrative Services Department Procurement Services Division Attachment 8: Insurance and Bonding Requirements Insurance/ Bond Type Required Limits 1. ® Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Compensation Government Statutory Limits and Requirements 2. ❑ Employer's Liability $ single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after $1,000,000 single limit per occurrence, $2,000,000 aggregate for the current ISO form Bodily Injury 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 Contractor/Vendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. ® Automobile Liability $ 500,000 Each Occurrence; Bodily Injury& Property Damage, Owned/Non-owned/Hired; Automobile Included 5. I I Other insurance as ❑ Watercraft $ Per noted: Occurrence n United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. Occurrence $ Per ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence n 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 Packet Page -2103- 4/26/2016 16.E.3. ❑ Pollution $ Per Occurrence ❑ Professional Liability $ Per Occurrence • $ 500,000 each claim and in the aggregate • $1,000,000 each claim and in the aggregate • $2,000,000 each claim and in the aggregate ❑ Professional Liability $ per claim and in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ❑ 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. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. ® 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. 15-6521 RFP_Non_CCNATemplate_04152015 41 Packet Page -2104- 4/26/2016 16.E.3. 11. ® Thirty(30)Days Cancellation Notice required. GG 10/8/15 Vendor'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 Vendor Signature Print Name Insurance Agency Agent Name Telephone Number 15-6521 R FP_Non_CC NATe m plate_04152015 42 Packet Page -2105- 4/26/2016 16.E.3. Gor ier County Administrative Services Department Procurement Services Dwision Attachment 9: Reference Questionnaire Solicitation: Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: Company: (Evaluator completing reference (Evaluator's Company completing reference) questionnaire) 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: Change Orders - Dollars Added : Change Orders - Days Added: Item Citeria Score 1 Ability to manage costs (minimize on-site verses remote management of the assigned work). 2 Ability to maintain assigned work schedule (complete timely or early). 3 Quality of work assigned. 4 Quality of consultative advice provided on the work assigned. 5 Professionalism and ability to manage personnel. 6 Administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 15-6521 RFP_Non_CCNATemplate_04152015 43 Packet Page -2106- 4/26/2016 16.E.3. 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected work assignment 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 15-6521 RFP_Non_CCNATemplate 04152015 44 Packet Page -2107- 4/26/2016 16.E.3. o0 cD- Y o O O E C N• . t O -_, to u) C CU To to O O 0 C LL O- 0) 2 = m Q OU h a) «_. 0 O CO +�� a) N- M O a) d CO O) r C Q 4) C a) O 00 (a ` t0 ti a) ca Y d • a) C a) -o 6 aa))• d > O O o0 O Y O O O) E y L d C' t0 E = 0 2 xQ O C 0 +- U Y N U C C a) 7 C) O� O� N U C O _o u) O O O a) fSf 7 0) d C a) C m LL a) L O O — a) c a) O 4 E N .- L o• To 2 t in O p O C a) U C -o a) _ 'Co', ODD O (a If) CO r @ a3 00 N' a Tll V L V) O N N 0 2 0 0) To >, E O : To Li) CO E u. cz '6 O 0 E co To E ._ C a) O L u) N — a) N U C ✓ a) a) 0) a) Q O) Cl) _ _ = 7 co E N N C Ca 0 • m m C 0 O UO O 'y E F >+ L- O -o 0 O a) a w. Ca •O —C ■- n 0 rn C a) - • a) O N To u 0 w y C Z as OO N N eo m a) .?J''(LN O a O U Q O p C Q - 0_ h ? )8 cG I 0 0 a) r- 0 (� Q a) g`' In LO O_• I(— • O O E n a , .II b� ii v— cn N a) O Q U f�e !i a y Q.) 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C) c ifs 0 Q U, us E O ) U C a) E N 0_ N O U a) j O a) n a a) en as 0 4 o a) L_ C O a) E a CD ) O) as co a) 0 co cn E N ca E Ca C a) a) E a) )_. c a as O ,. a) w 0 C co a) a) co E U t U N ¢: U ` a) co L E U O on v o_ C /)U m U Bm C i 0 a c -_cu _ t a) O 2 0 d o W §- a s 0.0 v° u a m „ a) co E U w,. C .. .. .. _ O) O O O - C co CO a) .0 w:o:: C 0) U U N 0) I— d _ 'O a) a) a) 0 C co c c c E C C C �.+ c p a) f� a) (0 CO CO V CO p O_ j, 7 7 .4i C N O C C _C >TC) W _ L L > rn m CO (0 (0 Q Q o a) = C C Ca L ns ca as E = 3 Q O Q a) C C L Y N o 0 0 0 0 - a U -1) Z o CI) �i = l7 (7 l� Q _ - U G CU O O �+� a) co Ca W N -O !' i- a • • • L co c Z co p.q v1 to J 2 12 U X v c. 0 Y C o o `n V a o u, re a) C6 m = y t U V E °' CO n co :n en 0 ` c O 0 x =-N c �°c6 = CL I m d Q o a) l'O iii U co rG O F U 1.:.�J S rdIECC Packet Page -2151- 4/26/2016 16.E.3. N (n a) C a C a) E a) a) d C N (o O I- E o olf i co O O C a I-, T O N O L-1 O N O p C NI O N s U <o O E a c c c 0 as cn E a) O I. .9 I c6 N .,--. 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'-' '-'=' +' +.. +' 0 N. aaaaaaa o Packet Page -2168- 4/26/2016 16.E.3. Y N U C L U C w- y O O c U a) E Y 0 6 U, U CU 0 O S O a) - LC n ca L U Y -a -C O Y N N C E O • Y (a — 3 OC a) U a1 u I- ra _c.,..,L C v GU 0 Q O y > 9- "a 4- I O c O (a cca ,U„ E o▪ Uo E 3 ..a C Ou o a) � y c L E o 0 v c N al a) v Q L 0 -a a) a) -a L >. a) Y LE c I a) • N (a a) '..7. Q o m y v E U Y O = N E C C a) c N N VD E U, -0 a, c c v o a) • y y L () 0 (> Y O ryo `^ F• 'L 4-' ,_cu -0 0 -a C co 0 a CO 'j o u U, 0 " to N a0 LO 1_ a, C 'n v Y , .N a a 3 c v CO a) O CO- 5 `^ v 4- cQ y a .O u U, D CO _ co 0 L 10.0 E . @ >' 0 Q a) v C C Q C = F O ca ro w Q L >- 03 v O Li a 3 f0 v >- c >. U ..0 _ >.• v •ra C exo a) c E • C 0 ,, U U v a) 0 0 LO U C aN c O U v U v v U F Q a) i "a a) -a O O a) C 0 Y ro Q C U C rn ca n- a /ra U r Uc N C _C C �° a) a 0 @ C. a) E o a o 5.• m + v U O (13 Q L. C O o 3 v1 0 Y - al ? r C Y 7 co �' v 4- a" C a) Y CD C O O i 1 1 E E E C E C . -O Q 4i� _ = v r v •� UO C i C a1 3 Ln V a U U E O v 1147-1 •�_ VI N Q a) u _ O H F 2 H 'a Q CD Packet Page -2169- 4/26/2016 16.E.3. Contract 15-6521 Information Technology On-Call Services FIXED TERM CONTRACT FOR SERVICES THIS AGREEMENT is made and entered into this day of 2016, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY" or "OWNER") and HyperTeam USA Business and IT Consulting, Inc., authorized to do business in the State of Florida, whose business address is 3530 Kraft Road, Unit 201, Naples, Florida 34105, (hereinafter referred to as the "CONSULTANT"). WITNESSETH: WHEREAS, it is in the best interests of OWNER to be able to obtain CONSULTANT Information Technology services expeditiously when a need arises in connection with a Collier County project; and NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE 1 CONSULTANT'S RESPONSIBILITY 1.1 From time to time upon the written request or direction of OWNER as hereinafter provided, CONSULTANT shall provide to OWNER Information Technology services (hereinafter the Contract#15-6521 Information Technology On-Call Services HyperTeam USA Business and IT Consulting,Inc. r fr Packet Page -2170- 4/26/2016 16.E.3. "Services") as herein set forth. The term "Services" includes all Additional Services authorized by written Amendment or Change Order as hereafter provided. 1.2 All Services to be performed by CONSULTANT pursuant to this Agreement shall be in conformance with the scope of services, which shall be described in a Work Order issued pursuant to the procedures described herein. The form of the Work Order is set forth in attached Schedule A. Reference to the term "Work Order" herein, with respect to authorization of Services, includes all written Amendments or Change Orders to any particular Work Order. CONSULTANT acknowledges and agrees that each individual Work Order shall not exceed $200,000 unless otherwise approved in writing by the Board of County Commissioners, and that the total initial compensation for all Work Orders issued under this Agreement shall not exceed $750,000 annually, unless otherwise approved in writing by the Board of County Commissioners of Collier County. 1.2.1 All Services must be authorized in writing by OWNER in the form of a Work Order. CONSULTANT shall not provide any Services to OWNER unless and to the extent they are required in a written Work Order. Any Services provided by CONSULTANT without a written Work Order shall be at CONSULTANT'S own risk and OWNER shall have no liability for such Services. 1.2.2 As OWNER identifies certain Services it wishes CONSULTANT to provide pursuant to the terms of this Agreement, OWNER shall request a proposal from CONSULTANT for such Services, said proposal to be in compliance with the terms of this Agreement. If the parties reach an agreement with respect to such Services, including, but not limited to the scope, compensation and schedule for performance of those Services, a Work Order shall be prepared which incorporates the terms of the 2 Contract#15-6521 Information Technology On-Call Services HyperTeam USA Business and IT Consulting,Inc. Packet Page -2171- 4/26/2016 16.E.3. understanding reached by the parties with respect to such Services and if both parties are in agreement therewith, they shall jointly execute the Work Order. 1.2.3 Upon execution of a Work Order as aforesaid, CONSULTANT agrees to promptly provide the Services required thereby, in accordance with the terms of this Agreement and the subject Work Order. 1.2.4 It is mutually understood and agreed that the nature, amount and frequency of the Services shall be determined solely by OWNER and that OWNER does not represent or guarantee unto CONSULTANT that any specific amount of Services will be requested or required of CONSULTANT pursuant to this Agreement. 1.2.5 CONSULTANT shall have no authority to act as the agent of OWNER under this Agreement or any Work Order, or to obligate OWNER in any manner or way. 1.2.6 All duly executed Work Orders (including all written Amendments or Change Orders thereto) are hereby incorporated into and made a part of this Agreement by reference. 1.3 CONSULTANT hereby designates Arpad Solti, as its Principal in Charge (hereinafter referred to as the "Principal in Charge") with full authority to bind and obligate CONSULTANT on all matters arising out of or relating to this Agreement. In each Work Order CONSULTANT will designate a qualified Information Technology professional to serve as CONSULTANT'S project coordinator for the Services to be provided under that Work Order (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the Services to be provided and 3 Contract#156521 Information Technology On-Call Services HyperTeam USA Business and IT Consulting,Inc. Packet Page -2172- 4/26/2016 16.E.3. performed under the Work Order. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to the Work Order. The CONSULTANT agrees that the Principal in Charge and the Project Coordinators shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT under the Work Order. CONSULTANT further agrees that the Principal in Charge and Project Coordinators shall not be removed by CONSULTANT without OWNER'S prior written approval, and if so removed must be immediately replaced with a person acceptable to OWNER. 1.4 CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from OWNER to promptly remove and replace the Principal in Charge or any Project Coordinator, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform any of the Services pursuant to the requirements of this Agreement or any applicable Work Order, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to OWNER. 1.5 The CONSULTANT represents to the OWNER that it has expertise and experience in the type of professional Information Technology services that will be required under this Agreement. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER'S review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all applicable laws, statutes, including but not limited to ordinances, codes, rules, regulations and requirements of any governmental agencies, and the Florida Building Code where applicable, which regulate or have jurisdiction over the Services to be provided and performed by CONSULTANT 4 Contract#15-5521 information Technology On-Call Services HyperTeam USA Business and IT Consulting,Inc. (e) Packet Page -2173- 4/26/2016 16.E.3. hereunder, the Local Government Prompt Payment Act (218.735 and 218.76 F.S.), as amended, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(d) and (3) as follows: (2) In addition to other contract requirements provided by law, each public agency contract for services must include a provision that requires the contractor to comply with public records laws, specifically to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. (3) If a contractor does not comply with a public records request, the public agency shall enforce the contract provisions in accordance with the contract. 5 Contract#15-6521 information Technology On-Call Services HyperTeam USA Business and IT Consulting,Inc. Packet Page -2174- 1 4/26/2016 16.E.3. IA the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. OWNER'S approval of any design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful completion of the Services required under the subject Work Order. 1.6 CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER'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 OWNER prompt written notice of any such subpoenas. 1.7 The County reserves the right to deduct portions of the (monthly) invoiced (task) amount for the following: Tasks not completed within the expressed time frame, including required deliverables, incomplete and/or deficient documents, failure to comply with local, state and/or federal requirements and/or codes and ordinances applicable to Consultant's performance of the work as related to the project. This list is not deemed to be all-inclusive, and the County reserves the right to make sole determination regarding deductions. After notification of deficiency, if the Consultant fails to correct the deficiency within the specified timeframe, these funds would be forfeited by the Consultant. The County may also deduct or charge the Consultant for services and/or items necessary to correct the 6 Contract#15-6521 Information Technology On-Call Services HyperTeam USA Business and IT Consulting,Inc. Packet Page -2175- 4/26/2016 16.E.3. deficiencies directly related to the Consultant's non-performance whether or not the County obtained substitute performance. ARTICLE 2 ADDITIONAL SERVICES OF CONSULTANT 2.1 If authorized in writing by Owner through an Amendment or Change Order to a Work Order, CONSULTANT shall furnish or obtain from others Additional Services beyond those Services originally authorized in the Work Order. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Amendment or Change Order authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in OWNER'S Procurement Ordinance, as amended, and Procedures in effect at the time such services are authorized. Except in an emergency endangering life or property, any Additional Services must be approved in writing via an Amendment or Change Order to the subject Work Order prior to starting such services. OWNER will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Services originally required of CONSULTANT under the subject Work Order. If OWNER determines that a change in a Work Order is required because of the action taken by CONSULTANT in response to an emergency, an Amendment or Change Order shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to OWNER of the emergency within forty-eight (48) hours from when CONSULTANT knew or should have known of its occurrence. 7 Contract#15-6521 Information Technology On-Call Services HyperTeam USA Business and IT Consulting,Inc. Packet Page -2176- 4/26/2016 16.E.3. Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an adjustment to its compensation or time of performance under the subject Work Order. ARTICLE 3 OWNER'S RESPONSIBILITIES 3.1 For each Work Order, OWNER shall designate in writing a project manager to act as OWNER'S representative with respect to the Services to be rendered under the Work Order (hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, interpret and define OWNER'S policies and decisions with respect to CONSULTANT'S Services under the Work Order. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of Services to be provided and performed by the CONSULTANT as set forth in the Work Order; (b) The time the CONSULTANT is obligated to commence and complete all such Services as set forth in the Work Order; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT as set forth in the Work Order. 3.2 The Project Manager shall: 8 Contract#15.6521 Information Technology On-Call Services HyperTeam USA Business and IT Consulting,Inc. Packet Page -2177- 4/26/2016 16.E.3. (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER'S requirements for the Services specified in the Work Order, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT'S disposal all available information in the OWNER'S possession pertinent to the Services specified in the Work Order, including existing specifications, product literature, previous reports and any other data relative to the subject Work Order; (d) Arrange for access to and make all provisions for CONSULTANT to enter the site (if any) set forth in the Work Order to perform the Services to be provided by CONSULTANT under the subject Work Order; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the Services to be rendered by CONSULTANT hereunder. ARTICLE 4 TIME 4.1 Each Work Order will have a time schedule ("Schedule") for the performance of the Services required under the subject Work Order. Services to be rendered by CONSULTANT shall be 9 Contract#15-6521 Information Technology On-Call Services HyperTeam USA Business and IT Consulting,Inc. Packet Page -2178- 4/26/2016 16.E.3. commenced, performed and completed in accordance with the Work Order and the Schedule. Time is of the essence with respect to the performance of the Services under each Work Order. 4.2 Should CONSULTANT be obstructed or delayed in the prosecution or completion of the Services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 4.3 Unless otherwise expressly provided in the Work Order, no interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT'S Services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to the Schedule; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. 4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the Services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all 10 Contract#15-6521 Information Technology On-Call Services HyperTeam USA Business and IT Consulting,Inc. Packet Page -2179- 4/26/2016 16.E.3. payments due and owing to the CONSULTANT under this Agreement (including any and all Work Orders) until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER'S satisfaction that the CONSULTANT'S performance is or will shortly be back on schedule. 4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue performing Work under any particular Work Order or any payment issued by OWNER to CONSULTANT be deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or any other damages hereunder. 4.6 The period of service shall be from the date of execution of this Agreement through two (2) years from that date, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. This Agreement may be renewed for two (2) additional one (1) year renewal period. Any such annual renewal shall be agreed to, in writing, by both parties. ARTICLE 5 COMPENSATION 5.1 Compensation and the manner of payment of such compensation by the OWNER for Services rendered hereunder by CONSULTANT shall be as prescribed in each Work Order. The Project Manager, or designee, reserves the right to request proposals from this agreement utilizing any of the following Price Methodologies: Lump Sum (Fixed Price): a firm fixed total price offering for a project; the risks are transferred from the County to the Consultant; and, as a business practice there are no hourly or material 11 Contract#16-6521 Information Technology On-Call Services HyperTeam USA Business and IT Consulting,Inc. 0 Packet Page -2180- 4/26/2016 16.E.3. invoices presented, rather, the Consultant must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. Time and Materials: the County agrees to pay the contractor for the amount of labor time spent by the Consultant 's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's mark up). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. Unit Price: the County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). CONSULTANT agrees to furnish OWNER, after the end of each calendar month, or as specified in the Work Order, a statement of charges for the Services performed and rendered by CONSULTANT during that time period, and for any OWNER authorized reimbursable expenses as herein below defined, incurred and/or paid by CONSULTANT during that time period. The monthly statement shall be in such form and supported by such documentation as may be required by OWNER. All such statement shall be on CONSULTANT'S letterhead and shall indicate the Agreement Number, Work Order/Purchase Order Number and Project Site description (if any). 12 Contract#15.6521 Information Technology On-Call Services HyperTeam USA Business and IT Consulting,Inc. Packet Page -2181- 4/26/2016 16.E.3. 5.2 The hourly rates as set forth and identified in Schedule B, which is attached hereto, shall apply only to projects procured under the Time and Materials pricing methodology specified in paragraph 5.1 above. 5.2.1 OWNER agrees to reimburse CONSULTANT for all necessary and reasonable reimbursable expenses incurred or paid by CONSULTANT in connection with CONSULTANT'S performance of the Services, at its direct cost with no markup, to the extent such reimbursement is permitted in the Work Order and in accordance with Section 112.061, F.S., or as set forth below. 5.2.2 Reimbursable expenses shall be invoiced for the expenditures incurred by the CONSULTANT as follows: 5.2.2.1. Expenses of transportation and living when traveling in connection with • each Work Order, except for local travel within Collier or Lee Counties, as provided in Section 112.061, F.S., and all Contract-related mileage for trips that are from/to destinations outside of Collier or Lee Counties approved by OWNER. 5.2.2.2 Expenses for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and _Specifications, including duplicate sets at the completion of each Work Order for the OWNER'S review and approval. 5.2.2.3. Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. 5.2.2.4. Expense of models for the OWNER'S use. 13 Contract#15-5521 Information Technology On-Call Services HyperTeam USA Business and IT Consulting,Inc. Packet Page -2182- 4/26/2016 16.E.3. 5.2.2.5. Fees paid for securing approval of authorities having jurisdiction over the Work Order required under the applicable Work Order. 5.2.2.6. Other items on request and approved in writing by the OWNER. 5.2.3 CONSULTANT shall obtain the prior written approval of OWNER before incurring any of the aforesaid reimbursable expenses, and absent such prior approval, no expenses incurred by CONSULTANT will be deemed to be a reimbursable expense. 5.3 CONSULTANT shall bear and pay all overhead and other expenses, except for authorized reimbursable expenses, incurred by CONSULTANT in the performance of the Services. 5.4 Prior to issuing any Work Order pursuant to this Agreement, OWNER may request that CONSULTANT in writing advise OWNER of(i) the estimated time of CONSULTANT'S personnel and the -estimated fees thereof for the proposed work to be specified in the Work Order; and (ii) the estimated charge to OWNER for the reimbursable expenses applicable to the contemplated Services to be performed by CONSULTANT under the proposed Work Order. CONSULTANT shall promptly supply such estimate to OWNER based on CONSULTANT'S good faith analysis. 5.5 CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT on any particular Work Order, CONSULTANT shall be limited to a maximum markup of five percent (5%) on the fees and expenses associated with such subconsultants and subcontractors. 14 Contract#15-6521 Information Technology On-Call Services HyperTeam USA Business and IT Consulting,Inc. Packet Page -2183- 4/26/2016 16.E.3. 5.6 Payments for Basic Services and Additional Basic Services as set forth herein, or in the Work Order shall be made upon presentation of the CONSULTANT'S itemized invoice approved by OWNER. 5.6.1 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. 5.7 Records of Reimbursable Expenses shall be kept on a generally recognized accounting basis. 5.8 The County reserves the right to deduct portions of the (monthly) invoiced (task) amount for the following: Tasks not completed within the expressed time frame, including required deliverables, incomplete and/or deficient documents, failure to comply with local, state and/or federal requirements and/or codes and ordinances applicable to Consultant's performance of the work as related to the project. This list is not deemed to be all-inclusive, and the County reserves the right to make sole determination regarding deductions. After notification of deficiency, if the Consultant fails to correct the deficiency within the specified timeframe, these funds would be forfeited by the Consultant. The County may also deduct or charge the Consultant for services and/or items necessary to correct the deficiencies directly related to the Consultant's non-performance. 15 Contract#15-6521 Information Technology On-Call Services HyperTeam USA Business and IT Consulting,Inc. Packet Page -2184- 4/26/2016 16.E.3. ARTICLE 6 OWNERSHIP OF DOCUMENTS 6.1 Upon the completion or termination of each Work Order, as directed by OWNER, CONSULTANT shall deliver to OWNER 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 CONSULTANT under the applicable Work Order ("Project Documents"). OWNER shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to OWNER the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2 Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive, irrevocable license in all of the Project Documents for OWNER'S use with respect to the applicable authorized project or task. CONSULTANT warrants to OWNER that it has full right and authority to grant this license to OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to complete the subject project or task following CONSULTANT'S termination for any reason or task. CONSULTANT also acknowledges OWNER may be making Project Documents available for review and information to various third parties and hereby consents to such use by OWNER. 16 Contract#15.5521 Information Technology On-Call Services HyperTeam USA Business and IT Consulting,Inc. Packet Page -2185- 4/26/2016 16.E.3. ARTICLE 7 MAINTENANCE OF RECORDS 7.1 CONSULTANT will keep adequate records and supporting documentation which concern or reflect the Services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Work Order is completed, whichever is later, or such later date as may be required by law. OWNER, or any duly authorized agents or representatives of OWNER, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. 7.2 The records specified above in paragraph 7.1 include accurate time records, which CONSULTANT agrees to keep and maintain, from day to day, showing the time expended by each principal and employee of CONSULTANT in performing the Services and therein specifying the services performed by each, with all such time records to be kept within one-half of an hour. At the request of OWNER, or as specified in the Work Order, CONSULTANT shall furnish to OWNER any of the aforesaid time records, as well as invoices or proofs showing CONSULTANT'S incurrence and/or payment of any reimbursable expenses. 17 Contract#15-6521 information Technology On-Call Services HyperTeam USA Business and IT Consulting,Inc. Packet Page -2186- 4/26/2016 16.E.3. ARTICLE 8 INDEMNIFICATION 8.1 To the maximum extent permitted by law, CONSULTANT shall indemnify and hold harmless OWNER, 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 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 8.1. 8.2 The duty to defend under this Article 8 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the CONSULTANT, OWNER and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to CONSULTANT. CONSULTANT'S obligation to indemnify and defend under this Article 8 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the OWNER or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 18 Contract#15.6521 Information Technology On-Call Services HyperTeam USA Business and IT Consulting,Inc. Packet Page -2187- 4/26/2016 16.E.3. ARTICLE 9 INSURANCE 9.1 CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts described herein and further set forth in Schedule C to this Agreement. 9.2 All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3 All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1 All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County Board of County Commissioners, Collier County, Florida, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests provisions. 9.3.2 Companies issuing the insurance policy or policies shall have no recourse against OWNER for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3 All insurance coverages of CONSULTANT shall be primary to any insurance or self- insurance program carried by OWNER, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by OWNER. 19 Contract#15-6521 Information Technology On-Call Services HyperTeam USA Business and IT Consulting,Inc. it Packet Page-2188- I 4/26/2016 16.E.3. 9.3.4 The Certificates of Insurance, which are to be provided in an Occurrence Form patterned after the current I.S.O. form with no limiting endorsements, must reference and identify this Agreement. 9.3.5 All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.4 CONSULTANT, its subconsultants and OWNER shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by OWNER, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5 All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1 The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2 The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. ARTICLE 10 SERVICES BY CONSULTANT'S OWN STAFF 10.1 The Services to be performed hereunder shall be performed by CONSULTANT'S own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, 20 Contract#15-6521 Information Technology On-Call Services HyperTeam USA Business and IT Consulting,Inc. 0 Packet Page-2189- 4/26/2016 16.E.3. shall-be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may then otherwise exist without regard to this Agreement. 10.2 Attached to each Work Order shall be a Schedule that lists all of the key personnel CONSULTANT intends to assign to perform the Services required under that Work Order. Such personnel shall be committed to the project or task specified in the Work Order in accordance with the percentages noted in the attached Schedule. CONSULTANT shall also identify in that Schedule each subconsultant and subcontractor it intends to utilize with respect to the subject Work Order. All personnel, subconsultants and subcontractors identified in the Schedule shall not be removed or replaced without OWNER'S prior written consent. 10.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this Agreement and any subsequently issued Work Order, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement and any subsequently issued Work Order, assumes toward the OWNER. Each subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER under this Agreement, and any subsequently issued Work Order, with respect to the Services to be performed by the subconsultant or subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall 21 Contract#15-6521 Information Technology On-Call Services HyperTeam USA Business and IT Consulting,Inc. Packet Page -2190- 4/26/2016 16.E.3. require each subconsultant or subcontractor to enter into similar agreements with its sub- subconsultants or sub-subcontractors. 10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between OWNER and any subconsultant or subcontractor. ARTICLE 11 WAIVER OF CLAIMS 11.1 CONSULTANT'S acceptance of final payment for Services provide under any Work Order shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of the Work Order or otherwise related to those Services, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT in its final invoice for the subject Work Order as unsettled. Neither the acceptance of CONSULTANT'S Services nor payment by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT. ARTICLE 12 TERMINATION OR SUSPENSION 12.1 This Agreement is a fixed term contract for the professional services of CONSULTANT. It is agreed that either party hereto shall at any and all times have the right and option to terminate this Agreement by giving to the other party not less than thirty (30) days prior written notice of such 22 Contract#15-6521 Information Technology On-Call Services HyperTeam USA Business and IT Consulting,Inc. Packet Page -2191- 4/26/2016 16.E.3. termination. Upon this Agreement being so terminated by either party hereto, neither party hereto shall have any further rights or obligations under this Agreement subsequent to the date of termination, except that Services specified to be performed under a previously issued Work Order, shall proceed to completion under the terms of this Agreement. 12.2 CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement and any Work Orders in effect, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin Services under any particular Work Order within the times specified under that Work Order, or (b) CONSULTANT'S failure to properly and timely perform the Services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers-or directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditions of this Agreement and any Work Orders in effect, or (f) for any other just cause. The OWNER may so terminate this Agreement and any Work Orders in effect, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.3 If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.2, then the notice of termination given pursuant to paragraph 12.2 shall be deemed to be the notice of termination provided for in paragraph 12.4, below, and CONSULTANT'S remedies 23 Contract#15-6521 information Technology On-Call Services HyperTeam USA Business and IT Consulting,Inc. Packet Page -2192- 4/26/2016 16.E.3. against-OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.4 below. 12.4 Notwithstanding anything herein to the contrary (including the provisions of paragraph 12.1 above), OWNER shall have the right to terminate this Agreement and any Work Orders in effect, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, for any Work Orders so cancelled, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on Services not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.5 Upon termination and as directed by OWNER, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including those described in Section 6, that are in CONSULTANT'S possession or under its control arising out of or relating to this Agreement or any Work Orders. 12.6 The OWNER shall have the power to suspend all or any portions of the Services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the Services to be rendered hereunder are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. 24 Contract#15-6521 Information Technology On-Call Services HyperTeam USA Business and IT Consulting,Inc. Packet Page -2193- 4/26/2016 16.E.3. 12.7 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within forty- five (45) days after such payment is due as set forth in the Work Order or such other time as required by Florida's Prompt Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed by OWNER to CONSULTANT under this Agreement or subsequently issued Work Order, and (ii) OWNER has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under the subject Work Order until such default is cured, after giving OWNER a second fourteen (14) days written notice of CONSULTANT'S intention to stop performance under the applicable Work Order. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate the subject Work Order by giving written notice to OWNER of CONSULTANT'S intent to terminate that Work Order. If OWNER does not cure its default within fourteen (14) days after receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the OWNER, terminate the subject Work Order and recover from the Owner payment for Services performed through the termination date, but in no event shall CONSULTANT be entitled to payment for Services not performed or any other damages from Owner. ARTICLE 13 CONFLICT OF INTEREST 13.1 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 25 Contract#15.6521 Information Technology On-Call Services HyperTeam USA Business and IT Consulting,Inc. Packet Page -2194- 4/26/2016 16.E.3. hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those Services. ARTICLE 14 MODIFICATION 14.1 No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE 15 NOTICES AND ADDRESS OF RECORD 15.1 All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following OWNER'S address of record: Board of County Commissioners Collier County Florida Procurement Services Division 3327 Tamiami Trail East Naples, FL 34112 Attention: Joanne Markiewicz, Director, Procurement Services Division Telephone: 239-252-8407 Fax: 239-252-6480 15.2 All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT'S address of record: 26 Contract#15-6521 Information Technology On-Call Services HyperTeam USA Business and IT Consulting,Inc. 111:401 Packet Page -2195 4/26/2016 16.E.3. HyperTeam USA Business and IT Consulting, Inc. 9130 Galleria Court, Suite 326 Naples, FL 34101 Telephone: 888-466-0710 Email address: Arpad.Solti(a)_hVperteam.com Web Address: www.hyperteam.com Attention: Apad Solti, CEO Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE 16 MISCELLANEOUS 16.1 CONSULTANT, in representing OWNER, shall promote the best interests of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 16.2 No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 16.3 This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of OWNER. 16.4 Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 27 Contract#15-6521 information Technology On-Call Services HyperTeam USA Business and IT Consulting,Inc. • Packet Page -2196- 4/26/2016 16.E.3. 16.5 The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 16.6 This Agreement, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 16.7 Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. Further, The CONSULTANT agrees that any Work Order that extends beyond the expiration date of this Agreement will survive and remain subject to the terms and conditions of this Agreement until the completion or termination of the Work Order. 16.8 This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 16.9 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), RFP #15-6521 Scope of Services, Schedule A — Work Order, Schedule B — Fee Schedule and Schedule C — Insurance Coverage. 28 Contract#15-6521 Information Technology On-Call Services HyperTeam USA Business and IT Consulting,Inc. SID Packet Page-2197- 4/26/2016 16.E.3. ARTICLE 17 APPLICABLE LAW 17.1 This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to Services funded by the United States government. 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. ARTICLE 18 DISPUTE RESOLUTION 18:1 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 OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER 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 OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should 29 Contract#15-6521 Information Technology On-Call Services HyperTeam USA Business and IT Consulting,Inc. Packet Page -2198- 4/26/2016 16.E.3. 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. ARTICLE 19 IMMIGRATION LAW COMPLIANCE 19.1 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 immediately. 30 Contract#15.5521 Information Technology On-Call Services HyperTeam USA Business and IT Consulting,Inc. (e) Packet Page-2199- 4/26/2016 16.E.3. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Information Technology On-Call Services the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, Dwight E. Brock, Clerk By: Date: By: Donna Fiala, Chairman •proved as to Form and Legality: I sistant County Attorney HvperTeam USA Business and IT Consulting. Inc. By: Witness Typed Name and Title Typed Name and Title Witness Typed Name and Title 31 Contract#15-6521 Information Technology On-Call Services HyperTeam USA Business and IT Consulting,Inc. Packet Page-2200- 4/26/2016 16.E.3. SCHEDULE A WORK ORDER/PURCHASE ORDER Contract 15-6521 "Information Technology Services" Contract Expiration Date: , 201 This Work Order is for professional Information Technology Project Management services for work known as: Project Name: Project No: The work is specified in the proposal dated ,20 which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, this Work Order/Purchase Order is assigned to: Name of Firm Scope of Work: As detailed in the attached proposal and the following: * Task I - * Task II * Task I I I Schedule of Work: Complete work within days from the date of the Notice to Proceed which is accompanying this Work Order. The Consultant agrees that any Work Order that extends beyond the expiration date of Agreement#00-0000 will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Work Order. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with following method(s): ['Negotiated Lump Sum (NLS) ❑Lump Sum Plus Reimbursable Costs (LS+RC) OTime & Material (T&M) (established hourly rate—Schedule A) DCost Plus Fixed Fee (CPFF), (define which method will be used for which tasks) as provided in the attached proposal. Taskl $ Task II $ Task III $ TOTAL FEE $ PREPARED BY: Name and Title Date APPROVED BY: (Dept Name) , Division Director Date APPROVED BY: type name, Department Administrator Date By the signature below,the Firm (including 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 has a potential conflict have been fully disclosed. Additionally,the Firm agrees to notify the Procurement Director,in writing within 48 hours of learning of any actual or potential conflict of interest that arises during the Work Order and/or project duration. ACCEPTED BY: (Company Name) Name&Title of Authorized Company Officer Date A-1 Packet Page-2201- 4/26/2016 16.E.3. SCHEDULE B Collier County Fee Schedule RFP 15-6521 "Information Technology On-Call Services" Staff Category Hourly Rate $100 SharePoint Architect $80 SharePoint Senior Programmer $50 SharePoint Junior Programmer $100 BI Programmer $150 Project Manager $150 Business Analyst $150 Management Consultant Work performed onsite and work performed remotely are both billed at the same rate. Please review the chart above for pricing. Travel and Reimbursable Expenses must be approved in advance in writing by the County. Travel expenses shall be reimbursed as per Section 112.061 Fla. Stats. Any trips within Collier and Lee Counties are expressly excluded. The above hourly rates are applicable to Time and Materials projects only. The above list may not be all inclusive. Additional hourly rates for other personnel may be added upon mutual agreement in advance and in writing by the Project Manager and the Consultant. B-1 Packet Page-2202- 4/26/2016 16.E.3. SCHEDULE C INSURANCE COVERAGE (1) The amounts and types of insurance coverage shall conform to the following minimum requirements 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 coverages, 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. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the Services until the date of completion of all Services required hereunder or as specified in this Agreement, whichever is longer. (4) Simultaneously with the execution and delivery of this Agreement by CONSULTANT, CONSULTANT has delivered properly executed Certificates of insurance (3 copies) acceptable to the OWNER evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance policies required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or c-1 Packet Page -2203- 4/26/2016 16.E.3. allowed to expire until at least thirty (30) days prior written notice has been given to the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by 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 hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (5) All insurance coverages of the CONSULTANT shall be primary to any insurance or self insurance program carried by the OWNER applicable to this Agreement. (6) The acceptance by OWNER of any Certificate of Insurance pursuant to the terms of this Agreement does not constitute approval or agreement by the OWNER that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (7) CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the OWNER. (8) Should at any time the CONSULTANT not maintain the insurance coverages required herein, the OWNER may terminate the Agreement and any Work Orders issued pursuant to the Agreement or at its sole discretion shall be authorized to C-2 0 �J. Packet Page -2204- 4/26/2016 16.E.3. purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between OWNER and CONSULTANT. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Services required hereunder or termination of the Agreement or any Work Order, the CONSULTANT shall furnish to the OWNER, in - ° triplicate, renewal or replacement Certificate(s) of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and OWNER may terminate the Agreement or any subsequently issued Work Order for cause. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? Yes X No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: C-3 Packet Page -2205- 4/26/2016 16.E.3. a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive all claims rights against the OWNER and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. Applicable X Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. Applicable _ X Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? X Yes No (1) Commercial General Liability Insurance, written on an "occurrence" basis, shall be maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this C-4 • Packet Page -2206- 4/26/2016 16.E.3. Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the following: Single Limit per Occurrence $300,000 Products/Completed Operations Aggregate $300,000 Each Occurrence $300,000 Single Limit per Occurrence $500,000 Products/Completed Operations Aggregate $500,000 Each Occurrence $500,000 x Single Limit per Occurrence $1,000,000 Products/Completed Operations Aggregate $2,000,000 Each Occurrence $1,000,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." Applicable deductibles or self-insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or his designee. (3) The OWNER, Collier County Government, shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the OWNER. C-5 Packet Page -2207- 4/26/2016 16.E.3. (4) Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. Applicable X Not Applicable (5) Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. Applicable X Not Applicable AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? X Yes No (1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: x Bodily Injury & Property Damage - $ 500,000 Bodily Injury& Property Damage - $1,000,000 C-6 Packet Page -2208-