Agenda 09/27/2016 Item #16D 7 16.D.7
09/27/2016
EXECUTIVE SUMMARY
Recommendation to reject the sole response received for Request for Proposal No. 16-6632 East
Naples Community Park Concession.
OBJECTIVE: To reject the sole response received for Request for Proposal No. 16-6632 East Naples
Community Park Concession.
CONSIDERATIONS: In April 2016 Collier County Parks and Recreation hosted the US Open
Pickleball Championships at the East Naples Community Park. After this successful event, County staff
identified a need for year-round concessionaire to include the rental of pickleball equipment at the park.
Park staff worked with Purchasing Division staff to develop a scope and procure these services.
Request for Proposal (RFP) No. 16-6632 East Naples Community Park Concession was issued by the
Purchasing Division on May 26, 2016 in compliance with Section 12 of Purchasing Ordinance. Email
notices were sent to 269 firms with one firm, ABC Finance LLC, DBA Pickleball US, responding by the
due date of June 30, 2016. A selection committee with representation from the Facilities Management
Division, Parks and Recreation, Community and Human Services, and Public Utilities Department met on
July 22, 2016 to review the proposal. The single vendor met the basic qualifications outlined in the RFP
but due to the lack of competing proposals and the development of a pickleball master plan feasibility
study, staff is recommending to reject the sole response received for RFP No. 16-6632 and re-solicit with
a re-structured scope for a more comprehensive concessionaire solicitation consistent with outcome of the
feasibility study.
FISCAL IMPACT: There is no fiscal impact with this recommendation.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality, and requires majority vote for approval. -JAK
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
item.
RECOMMENDATION: That the Board of County Commissioners rejects the sole response received for
Request for Proposal No. 16-6632 East Naples Community Park Concession.
Prepared By:Natali Betancur, Operations Analyst, Parks and Recreation Division
ATTACHMENT(S)
1. 16-6632 East Naples Community Park Concession Solicitation (PDF)
Packet Pg. 934
16.0.7
09/27/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.7
Item Summary: Recommendation to reject the sole response received for Request for Proposal
No. 16-6632 East Naples Community Park Concession.
Meeting Date: 09/27/2016
Prepared by:
Title: Operations Analyst—Parks &Recreation
Name:Natali Betancur
08/25/2016 3:39 PM
Submitted by:
Title: Division Director-Parks &Recreation—Parks &Recreation
Name: Barry Williams
08/25/2016 3:39 PM
Approved By:
Review:
Procurement Services Lissett DeLaRosa Level 1 Purchasing Gatekeeper Completed 08/26/2016 9:52 AM
Public Services Department Amanda O.Townsend Level 1 Originator Add Reviewer Completed 09/05/2016 11:20 AM
Procurement Services Scott Johnson Level 1 Purchasing Reviewer 1-4 Completed 09/09/2016 3:27 PM
Public Services Department Hailey Margarita Alonso Level 1 Division Reviewer Completed 09/12/2016 3:10 PM
Procurement Services Adam Northrup Level 1 Purchasing Reviewer 1-4 Completed 09/12/2016 4:21 PM
Parks&Recreation Ilonka Washburn Level 1 Originator Add Reviewer Completed 09/13/2016 8:45 AM
Parks&Recreation Ilonka Washburn Level 1 Originator Add Reviewer Completed 09/13/2016 8:45 AM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 09/13/2016 9:49 AM
County Attorneys Office Colleen Greene Level 2 Attorney Review Completed 09/13/2016 3:15 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/13/2016 4:33 PM
Budget and Management Office Ed Finn Level 3 OMB 1st Reviewer 1-4 Completed 09/14/2016 12:58 PM
County Attorneys Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 09/14/2016 2:13 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/18/2016 11:47 PM
Board of County Commissioners MaryJo Brock Meeting Pending 09/27/2016 9:00 AM
I Packet Pg.935
REQUEST FOR PROPOSAL
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Solicitation 16-6632 East Naples Community Park Concession
Matthew Catoe, Procurement Strategist
(239) 252-8929 (Telephone)
(239) 252-6421 (Fax)
matthewcatoe@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.
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Table of Contents
LEGAL NOTICE .................................................................................................................................................................. 3
EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT ........................................................................... 4
EXHIBIT II: GENERAL RFP INSTRUCTIONS .........................................................................................................................12
EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS ....................................................................16
EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP...........................................................................................20
ATTACHMENT 1: VENDOR’S NON-RESPONSE STATEMENT ...............................................................................................29
ATTACHMENT 2: VENDOR CHECK LIST .............................................................................................................................30
ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT ........................................................................................................31
ATTACHMENT 4: VENDOR DECLARATION STATEMENT ....................................................................................................32
ATTACHMENT 5: AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS ....................................................................34
ATTACHMENT 6: IMMIGRATION AFFIDAVIT CERTIFICATION ...........................................................................................35
ATTACHMENT 7: VENDOR SUBSTITUTE W – 9 .................................................................................................................36
ATTACHMENT 8: INSURANCE AND BONDING REQUIREMENTS ........................................................................................37
ATTACHMENT 9: REFERENCE QUESTIONNAIRE ................................................................................................................39
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Legal Notice
Sealed Proposals to provide 16-6632 East Naples Community Park Concession will be received
until 3:00 PM Naples local time, on June 23, 2016 at the Collier County Government, Purchasing
Department, 3327 Tamiami Trail E, Naples, FL 34112.
Solicitation
16-6632 East Naples Community Park Concession
Services to be provided may include, but not be limited to the following: comprehensive management of a
concessionaire services including, but not limited to the, sale and/or rental of sport equipment,
beverages, snacks, and any other like services that the Concessionaire wishes to propose.
A non-mandatory pre-proposal conference will be held on June 9, 2016, commencing promptly at
9:00AM, and will be held in the Community Center located at East Naples Community Park, 3500
Thomasson Dr, 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.colliergov.net/bid.
Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability
or marital status.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
BY: /S/ Joanne Markiewicz
Director, Procurement Services
This Public Notice was posted on the Collier County Purchasing Department website:
www.colliergov.net/purchasing and in the Lobby of Purchasing Building "G", Collier County
Government Center on May 26, 2016.
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Exhibit I: Scope of Work, Specifications and Response Format
As requested by the Collier County Parks and Recreation 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
The County is seeking proposals from vendors for the comprehensive management of
concessionaire services including, but not limited to the, sale and/or rental of sport equipment,
beverages, snacks, and any other like services that the Concessionaire wishes to propose.
Background
East Naples Community Park is a hub for both adult and youth activities with fitness programs,
after-school care, senior programs, a skating park, playground, and community center . After
school and Camp Collier (Summer Camp) programs include daily activities for children including
outdoor sports such as pickle ball, jumping rope, soccer, shuffleboard, and basketball. The park is
open from 8:00 AM to 10:00 PM.
Currently, there are no concessions at the park except for those offered for little league play
according to specific approved Memorandum of Understanding. There is a modular structure in
place that would be used for concession operations. Any improvements to the existing structure
must be passed in writing by the Collier County Parks and Recreation Director or his/her
designee. All structures and improvements shall become the property of Collier County at the end
of the Agreement. Any improvements made for the benefit of the Concessionaire shall be paid for
by the Concessionaire.
The concession activity is comprised of the concessionaire managing the food and sports
recreation areas and renting pickleball or other sporting equipment. The concessionaire service is
expected to operate year round, but the volume of activity and sales may occur during the
seasonal / tourist months of November – April.
The Concessionaire shall not conduct any other business on County property without specific
written authority of the Board of County Commissioners.
Detailed Scope of Work
The County is seeking proposals from vendors for the comprehensive management of a
concessionaire services including, but not limited to, sale or rental of Pickleball sports equipment,
and any other like services that the Concessionaire wishes to propose. The sale of food shall be
limited to beverages and snacks at this concession location.
The successful proposer is responsible for providing the following as noted below:
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1. Hours of Operation: During the term of this Agreement the concession will be open and
adequately staffed on days and times approved by the Parks and Recreation Direct or or his/her
designee. Days and hours will be posted and any changes from posted hours will be
communicated within seven (7) days of the change. The operation should continue throughout
the season (November 1st through April 30th of each year) including applicable holidays.
Proposers are encouraged to provide any additional operational options for consideration.
2. Concession Operation: Services, operations, and equipment to perform the operation of the
concession services.
3. Equipment: All equipment required to operate the Park concession is at the Concessionaire’s
expense. The Concessionaire may use County equipment, furnishings and fixtures that are
presently used in conjunction with the operations after approval by the Division Director or
designee. At the site, there is currently a modular that is available for the concessionaire to
provide services. Any equipment that is lost, stolen or damaged shall be replaced or repaired at
the expense of the Concessionaire; ordinary wear and tear is expected. Upon the expiration of
the Agreement, the Concessionaire shall deliver said inventory to the County.
4. Zoning and Permitting Requirements: The successful concessionaire is responsible for any future
costs, and submittals, for any zone or permit requirements.
5. Sum Payable to County (Commission): Remittance to the County a stated percentage of gross
receipts not less than twenty percent (20%) or a minimum monthly guarantee of not less than one-
thousand dollars ($1,000.00), whichever is greater. Said commission is due to the County by the
fifteenth (15th) day of each month for the preceding month and said payment shall be
accompanied by a statement of gross receipts for the previous month. It is also understood that
the applicable Florida State Sales Use Tax on rental payments shall be added to the
Concessionaire’s rental payment and forwarded to the County as part of said payments. It is the
intent of the County that it is to receive the rental amount at net, free and clear of all costs and
charges arising from or relating to said demised premises.
6. Reports: A monthly report of activities submitted to the Parks and Recreation Division by the
fifteenth (15th) day of each month. This report can be in the form developed by the
Concessionaire and approved by the Director of Parks and Recreation or his authorized
representative. The report, as a minimum, shall include hours of operation, daily attendance
figures, weather conditions, etc. This report shall accompany the monthly statement of gross
revenues and will be subject to audit.
7. Gross Receipts: The term "gross receipts" is understood to mean all income collected or accrued,
derived by the Concessionaire under the privileges granted by his Agreement or other document
entered into with the County, excluding amounts of any Federal, State or City sales tax, or other
tax, collected by the Concessionaire from customers and required by law to be remitted to the
taxing authority.
8. Auditing of Accounts: The Concessionaire will make available locally, books of account, financial
statements, tapes, point of sale reports or any other documentation deemed necessary to
authorized representatives of Collier County.
9. Employee Qualifications: Staffing, including an manager or responsible person that can speak to
the manager and make decisions overseeing the facility. Conduct of the employees of the
Concessionaire shall be subject to reasonable regulation by the Director of Parks and Recreation
Division or his designee. The Concessionaire shall employ people to work at this facility who are
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professional, literate, neat, clean, well-groomed and courteous and wear a uniform of the awarded
company.
10. Point of Sale Equipment: A point-of-sale electronic cash machines or other electronic accounting
control equipment for the proper control of cash payments. Cash register tapes must be
maintained and made available upon demand during the entire term of the Agreement with Collier
County. All electronic cash equipment and accounting procedures must be approved in writing by
Collier County. A receipt must accompany all sales to the customer.
11. Operational Concepts: Operational concepts in writing to the Director of Parks and Recreation or
authorized representative. Concepts or changes to concepts must have the approval of the
Director of Parks and Recreation or their designee before proceeding on any alteration.
12. Maintenance and Repairs: Provide regular and routine daily, monthly, and yearly maintenance of
the facilities, designed to keep the premises and equipment in a good state of repair, free from
hazardous conditions and deterioration, thus providing for the comfort and safety of visitors and
patrons.
13. Security: Security measures which may be required to protect his/her area and his/her equipment,
materials and facilities.
14. Trash, Rubbish, and Garbage Removal: Provide for pickup and removal of all rubbish, trash, and
garbage including removal of trash from the concession area to the dumpster. The
Concessionaire agrees to perform daily removal of litter in the immediate exterior area within fifty
(50) feet of the concession. The County will provide all garbage, trash and rubbish receptacles
within the confines of his area.
15. Assignment of Concession Agreement: The Concessionaire shall not, at any time during the
tenure of the Agreement, sublet any part of this Agreement or assign any portion or part of it,
except by virtue of written permission granted by the Board of County Commissioners.
16. Appearance of Premises: Provide a neat and orderly operation at all times and shall be solely
responsible for the necessary housekeeping on and around the park concession. Concessionaire
shall make available all areas under their control for examination at any time by the Director of
Parks and Recreation or authorized representative. Music played by the Concessionaire or their
employees must be “family friendly” and non-secular in nature.
17. Public Use of Facilities: The attention of prospective proposers is directed to the fact tha t the
Concessionaire shall be responsible to the Director of Parks and Recreation Division for the
satisfactory and courteous operation of his concession. Nothing in this Agreement shall preclude
the County from using the public areas for public and civic purposes as deemed necessary.
18. Advertising and Signs: Provide, at the Concessionaire’s sole expense, required signs at all public
approaches to the facility. All signage, advertising, and posting shall be approved in writing by the
Director of Parks and Recreation or their authorized representative. Parks and Recreation staff
will remove unapproved signs.
19. Closure of Facilities - Loss of Equipment: If closure of the facilities or loss of equipment to some
but not all of the facilities or equipment are due to fire damage, flood, hurricane, civil disorder,
strikes, act of God, etc., the Concessionaire shall notify the County in writing within forty -eight (48)
hours after the commencement of such event, stating the cause or causes thereof. If
Concessionaire fails to provide the required notification, the Concessionaire will be deemed to
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have waived any right which Concessionaire may have had to request a pro-rated adjustment of
monthly payments up to the time the damage is repaired, or other circumstances return to normal
as agreed upon in writing by Concessionaire and Director of Parks and Recreation or his
authorized representative.
20. Commencement of Operation: Open for business to the public no later than thirty (30) days after
the approval of the Contract by the Board of County Commissioners or until the Contract is entirely
executed whichever is first.
Term of Contract
The contract term, if an award is made, is intended to be for a period of one (1) three-year term
with one (1) additional three (3) year renewal option.
The commission percentage shall remain firm for the initial term of this contract. Requests for
consideration of a commission adjustment must be made on the contract anniversary date, in
writing, to the Purchasing Director. Price adjustments are dependent upon budget availability and
Program Managers approval. Surcharges will not be accepted in conjunction with this contract,
and such charges should be incorporated into the pricing structure.
Projected Solicitation Timetable
The following projected timetable should be used as a working guide for planning purposes only.
The County reserves the right to adjust this timetable as required during the course of the RFP
process.
Event Date
Issue Solicitation Notice May 26, 2016
Last Date for Receipt of Written Questions June 16, 2016,
5:00PM, EST.
Pre-Proposal Meeting
(3500 Thomasson Dr, Naples, FL 34112)
June 9, 2016,
9:00AM, EST.
Addendum Issued Resulting from Written Questions or Pre-
Proposal Conference June 17, 2016
Solicitation Deadline Date and Time June 23, 2016,
3:00PM, EST.
Anticipated Evaluation of Submittals July 2016
Vendor Presentations if Required July 2016
Anticipated Completion of Contract Negotiations August 2016
Anticipated Board of County Commissioner’s Contract
Approval Date September 2016
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.
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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.
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
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 pr oposal.
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, Business Plan (20 points)
In this tab, include:
Description of the proposed leadership team, the role to be played by each member of
the team during the implementation of the project and throughout the contract life of the
project.
Description of the design concept of the program they will be implementing, including
colors, publicity, food choices/menu, rental equipment, prices, etc.
Include a detailed plan of approach (including major tasks and sub-tasks).
Provide details on the Concessionaire’s point of sale system.
Provide detailed timeline for implementation of start-up of the concessionaire project.
Include with the Business Plan or as an attachment, a copy of the monthly report
provided with commission checks.
3. Tab III, Commission Returned to the County (20 points)
The Concessionaire shall pay to the County a stated percentage of gross receipts not less
than twenty percent (20%) or a minimum monthly guarantee of not less than one-thousand
dollars ($1,000.00), whichever is greater.
Provide the commission percentage of gross receipts and minimum monthly guarantee
in the following format:
Gross percentage (on gross receipts) offered to the
County on a monthly basis (10 points applied using the
calculation below).
________________ %
(% monthly guarantee)
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Provide the minimum monthly guarantee offered to the County:
Minimum monthly guarantee to the County (10 points
applied using the calculation below).
$_______________
(Minimum monthly
guarantee)
The County shall then award points using the following methodology:
The highest number of points will be awarded to the vendor who has the highest
minimum gross percentage (10 points) and the highest minimum monthly guarantee
(10 points).
The highest minimum gross percentage (and highest minimum monthly guarantee) will
be divided by the next lowest vendor’s gross percentage (or minimum monthly
guarantee) which will then be multiplied by 10 points to determine that vendor’s
Number of Points. Each subsequent vendor’s percentage (and minimum monthly
guarantee) will be calculated in the same manner.
The vendor’s total number of total minimum gross percentage points and total
minimum monthly guarantee points will be added together to determine the overall
commission returned points (not to exceed 20 points).
Points awarded will be extended to the first decimal point (per Microsoft Excel).
The Points Awarded by vendor will be distributed to the Selection Committee before 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 with the fee schedule presented. Members of the Selection Committee may, at their
sole discretion, modify the Cost of Services Points assigned after a thorough review of the
proposal and before ranking of the Final Selection Committee.
Provide proposed price schedule of all food, soda, sundry items and rental equipment
the concessionaire intends to sell and rent at the location. The price schedule will not
be included in the Number of Points awarded in this Tab.
4. Tab IV, Experience and Capacity of and Specialized Expertise Firm (30 points)
Complete the following information as requested to ensure consistent scoring of proposal.
Concessionaires who do not provide the information as requested in the format below shall receive
zero (0) points for this criterion.
Index Minimum Qualifications Questions Response
1. Indicate the number of years the Concessionaire has
been in business.
_______________
(number of years)
2. Indicate the number of concession service contracts
that are currently being operated by this provider.
________
(number)
3. Indicate the number of memberships in professional
trade / business associations.
________
(number)
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4.
Provide the number of fulltime equivalent positions
currently working for the firm.
Provide a brief overview of the Concessionaires key
leadership personnel.
________
(number)
5.
Provide the number of fulltime equivalent positions that
will be assigned to this contract.
Provide a resume of each fulltime equivalent
position who will be assigned to this contract.
________
(number)
TOTAL
Add items 1 – 5 to determine the
Concessionaire’s Experience and Qualification.
________
(Total)
Prior to the Selection Committee reviewing proposals, the following methodology will be applied per
Concessionaire for the total score in this area:
The greatest number of points (30) will be awarded to the Concessionaire who has the highest
total score.
Points awarded will be extended to the whole number (per Microsoft Excel).
For illustrative purposes only:
Concessionaire Experience and
Qualifications Points Awarded
Concessionaire ABC 50 30
Concessionaire DEF 42 25
Concessionaire GHI 39 23
Concessionaire JKL 20 12
Concessionaire MNO 13 8
Note: Sample chart reflects a 30 point experience criterion
The Points Awarded by Concessionaire will be distributed to the Selection Committee prior to their
evaluation of the proposals. The Selection Committee will review the Concessionaire’s proposal to
ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per
Concessionaire.
5. Tab V, References (20 points)
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 questionnaires and create a
ranking from highest number of points to lowest number of points. References marked
with an N/A (or similar notation will be given the score of zero (0)). 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.
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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 whole number per Microsoft Excel.
For illustrative purposes only, see chart for an example of how these points would be
distributed among the five proposers.
Concessionaire Name Concessionaire Total
Reference Score Points Awarded
Concessionaire ABC 445 20
Concessionaire DEF 435 19.6
Concessionaire GHI 425 19.1
Concessionaire JKL 385 17.3
Concessionaire MNO 385 17.3
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 Vl, 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: i.e. signed addenda, licenses or certifications, promotional materials, etc.
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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 3:00 PM, Naples local time, on or before June 23, 2016
to:
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
Attn: Matt Catoe, Procurement Strategist
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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 six (6) USB flash drives
with one copy of the proposal on each drive 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. The Request for Proposal is issued.
3. Subsequent to the receipt closing date for the proposals, the Procurement professional will
review the proposals received and verify each proposal to determine if it minimally
responds to the requirements of the published RFP.
4. Selection committee meetings will be open to the public and the Procurement professional
will publicly post prior notice of such meeting(s) in the lobby of the Purchasing Building and
on the County’s Procurement Services Internet site.
5. Prior to the first meeting (Organization Meeting) of the selection committee, the
Procurement professional will post a notice announcing the date, time and place of the
meeting at least three (3) working days prior to the meeting. At the initial organization
meeting, the selection committee members will receive instructions, the submitted
proposals, and establish the next selection committee meeting date and time. After the
first meeting, the Procurement professional will publically announce all subsequent
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committee meeting dates and times. The subsequent meeting dates and times will be
posted with at least one (1) day advanced notice.
6. Selection committee members will independently review and score each proposal based
on the evaluation criteria stated in the request for proposal using the Individual Selection
Committee Score and Rank Form and prepare comments for discussion at the next
meeting. The Individual Selection Committee Score and Rank Form is merely a tool to
assist the selection committee member in their review of the proposals.
7. At the scheduled selection meeting, the members will present their independent findings /
conclusions / comments based on their reading and interpretation of the materials
presented to each other, and may ask questions of one another. At the conclusion of that
discussion, members of the public will be offered an opportunity (not to exceed three (3)
minutes) to provide comments.
8. At the conclusion of public comments (provided for in number 7), the selection committee
members will individually rank order each proposer. Collier County selection committee
members may consider all the material submitted by the Proposer and other information
Collier County may obtain to determine whether the Proposer is capable of and has a
history of successfully completing projects of this type, including, without limitation,
additional information Collier County may request, clarification of proposer information,
public comments, and/or additional credit information.
9. Once the individual ranking has been completed, the Procurement professional will direct
selection committee members to read their individual ranking publically. The Procurement
professional will record individual rankings on the Final Ranking Sheet which will
mathematically compile into an overall selection committee rank of proposers.
10. In any of the selection committee meeting deliberations, by consensus, members may
request to invite proposers in to clarify their proposals, ask for additional information,
present materials, interview, ask questions, etc. The members may consider any and all
information obtained through this method in formulating their individual ranking and
subsequent selection committee overall ranking and final ranking.
11. The selection committee’s overall rank of firms in order of preference (from highest
beginning with a rank of one (1) to the lowest) will be discussed and reviewed by the
Procurement Strategist. By final consensus, and having used all information presented
(proposal, presentation, references, etc.), the selection committee members will create a
final ranking and staff will subsequently enter into negotiations. Award of the contract is
dependent upon the successful and full execution of a mutually agreed contract, pending
the final approval by the Board of County Commissioners.
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.
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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 I, Cover Letter / Management Summary
Tab II, Business Plan 20 Points
Tab III, Commission Returned to the County 20 Points
Tab IV, Experience and Capacity and Specialized Expertise of Firm 30 Points
Tab V, References 20 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.
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.
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Exhibit III: Collier County Purchase Order Terms and Conditions
1. Offer
This offer is subject to cancellation by the
COUNTY without notice if not accepted by
VENDOR within fourteen (14) days of
issuance.
2. Acceptance and Confirmation
This Purchase Order (including all
documents attached to or referenced
therein) constitutes the entire agreement
between the parties, unless otherwise
specifically noted by the COUNTY on the
face of this Purchase Order. Each delivery
of goods and/or services received by the
COUNTY from VENDOR shall be deemed to
be upon the terms and conditions contained
in this Purchase Order.
No additional terms may be added and
Purchase Order may not be changed except
by written instrument executed by the
COUNTY. VENDOR is deemed to be on
notice that the COUNTY objects to any
additional or different terms and conditions
contained in any acknowledgment, invoice
or other communication from VENDOR,
notwithstanding the COUNTY’S acceptance
or payment for any delivery of goods and/or
services, or any similar act by VENDOR.
3. Inspection
All goods and/or services delivered
hereunder shall be received subject to the
COUNTY’S inspection and approval and
payment therefore shall not constitute
acceptance. All payments are subject to
adjustment for shortage or rejection. All
defective or nonconforming goods will be
returned pursuant to VENDOR'S instruction
at VENDOR’S expense.
To the extent that a purchase order requires
a series of performances by VENDOR, the
COUNTY prospectively reserves the right to
cancel the entire remainder of the Purchase
Order if goods and/or services provided
early in the term of the Purchase Order are
non-conforming or otherwise rejected by the
COUNTY.
4. Shipping and Invoices
a) All goods are FOB destination and must
be suitably packed and prepared to
secure the lowest transportation rates
and to comply with all carrier
regulations. Risk of loss of any goods
sold hereunder shall transfer to the
COUNTY at the time and place of
delivery; provided that risk of loss prior
to actual receipt of the goods by the
COUNTY nonetheless remain with
VENDOR.
b) No charges will be paid by the COUNTY
for packing, crating or cartage unless
otherwise specifically stated in this
Purchase Order. Unless otherwise
provided in Purchase Order, no invoices
shall be issued nor payments made
prior to delivery. Unless freight and
other charges are itemized, any
discount will be taken on the full amount
of invoice.
c) All shipments of goods scheduled on the
same day via the same route must be
consolidated. Each shipping container
must be consecutively numbered and
marked to show this Purchase Order
number. The container and Purchase
Order numbers must be indicated on bill
of lading. Packing slips must show
Purchase Order number and must be
included on each package of less than
container load (LCL) shipments and/or
with each car load of equipment. The
COUNTY reserves the right to refuse or
return any shipment or equipment at
VENDOR’S expense that is not marked
with Purchase Order numbers.
VENDOR agrees to declare to the
carrier the value of any shipment made
under this Purchase Order and the full
invoice value of such shipment.
d) All invoices must contain the Purchase
Order number and any other specific
information as identified on the
Purchase Order. Discounts of prompt
payment will be computed from the date
of receipt of goods or from date of
receipt of invoices, whichever is later.
Payment will be made upon receipt of a
proper invoice and in compliance with
Chapter 218, Fla. Stats., otherwise
known as the “Local Government
Prompt Payment Act,” and, pursuant to
the Board of County Commissioners
Purchasing Policy.
5. Time Is Of the Essence
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Time for delivery of goods or performance of
services under this Purchase Order is of the
essence. Failure of VENDOR to meet
delivery schedules or deliver within a
reasonable time, as interpreted by the
COUNTY in its sole judgment, shall entitle
the COUNTY to seek all remedies available
to it at law or in equity. VENDOR agrees to
reimburse the COUNTY for any expenses
incurred in enforcing its rights. VENDOR
further agrees that undiscovered delivery of
nonconforming goods and/or services is not
a waiver of the COUNTY’S right to insist
upon further compliance with all
specifications.
6. Changes
The COUNTY may at any time and by
written notice make changes to drawings
and specifications, shipping instructions,
quantities and delivery schedules within the
general scope of this Purchase Order.
Should any such change increase or
decrease the cost of, or the time required for
performance of the Purchase Order, an
equitable adjustment in the price and/or
delivery schedule will be negotiated by the
COUNTY and VENDOR. Notwithstanding
the foregoing, VENDOR has an affirmative
obligation to give notice if the changes will
decrease costs. Any claims for adjustment
by VENDOR must be made within thirty (30)
days from the date the change is ordered or
within such additional period of time as may
be agreed upon by the parties.
7. Warranties
VENDOR expressly warrants that the goods
and/or services covered by this Purchase
Order will conform to the specifications,
drawings, samples or other descriptions
furnished or specified by the COUNTY, and
will be of satisfactory material and quality
production, free from defects and sufficient
for the purpose intended. Goods shall be
delivered free from any security interest or
other lien, encumbrance or claim of any third
party. These warranties shall survive
inspection, acceptance, passage of title and
payment by the COUNTY.
8. Statutory Conformity
Goods and services provided pursuant to
this Purchase Order, and their production
and transportation shall conform to all
applicable laws, including but not limited to
the Occupational Health and Safety Act, the
Federal Transportation Act and the Fair
Labor Standards Act, as well as any law or
regulation noted on the face of the Purchase
Order.
9. Advertising
No VENDOR providing goods and services
to the COUNTY shall advertise the fact that
it has contracted with the COUNTY for
goods and/or services, or appropriate or
make use of the COUNTY’S name or other
identifying marks or property without the
prior written consent of the COUNTY’S
Purchasing Department.
10. Indemnification
VENDOR shall indemnify and hold harmless
the COUNTY from any and all claims,
including claims of negligence, costs and
expenses, including but not limited to
attorneys' fees, arising from, caused by or
related to the injury or death of any person
(including but not limited to employees and
agents of VENDOR in the performance of
their duties or otherwise), or damage to
property (including property of the COUNTY
or other persons), which arise out of or are
incident to the goods and/or services to be
provided hereunder.
11. Warranty of Non-Infringement
VENDOR represents and warrants that all
goods sold or services performed under this
Purchase Order are: a) in compliance with
applicable laws; b) do not infringe any
patent, trademark, copyright or trade secret;
and c) do not constitute unfair competition.
VENDOR shall indemnify and hold harmless
the COUNTY from and against any and all
claims, including claims of negligence, costs
and expense, including but not limited to
attorneys' fees, which arise from any claim,
suit or proceeding alleging that the
COUNTY’S use of the goods and/or
services provided under this Purchase Order
are inconsistent with VENDOR'S
representations and warranties in section 11
(a).
If any claim which arises from VENDOR'S
breach of section 11 (a) has occurred, or is
likely to occur, VENDOR may, at the
COUNTY’S option, procure for the COUNTY
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the right to continue using the goods or
services, or replace or modify the goods or
services so that they become non-infringing,
(without any material degradation in
performance, quality, functionality or
additional cost to the COUNTY).
12. Insurance Requirements
The VENDOR, at its sole expense, shall
provide commercial insurance of such type
and with such terms and limits as may be
reasonably associated with the Purchase
Order. Providing and maintaining adequate
insurance coverage is a material obligation
of the VENDOR. All insurance policies shall
be executed through insurers authorized or
eligible to write policies in the State of
Florida.
13. Compliance with Laws
In fulfilling the terms of this Purchase Order,
VENDOR agrees that it will comply with all
federal, state, and local laws, rules, codes,
and ordinances that are applicable to the
conduct of its business. By way of non-
exhaustive example, this shall include the
American with Disabilities Act and all
prohibitions against discrimination on the
basis of race, religion, sex creed, national
origin, handicap, marital status, or veterans’
status. Further, VENDOR acknowledges
and without exception or stipulation 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. Failure
by the awarded firm(s) to comply with the
laws referenced herein shall constitute a
breach of the award agreement and the
County shall have the discretion to
unilaterally terminate said agreement
immediately. Any breach of this provision
may be regarded by the COUNTY as a
material and substantial breach of the
contract arising from this Purchase Order.
14. Force Majeure
Neither the COUNTY nor VENDOR shall be
responsible for any delay or failure in
performance resulting from any cause
beyond their control, including, but without
limitation to war, strikes, civil disturbances
and acts of nature. When VENDOR has
knowledge of any actual or potential force
majeure or other conditions which will delay
or threatens to delay timely performance of
this Purchase Order, VENDOR shall
immediately give notice thereof, including all
relevant information with respects to what
steps VENDOR is taking to complete
delivery of the goods and/or services to the
COUNTY.
15. Assignment
VENDOR may not assign this Purchase
Order, nor any money due or to become due
without the prior written consent of the
COUNTY. Any assignment made without
such consent shall be deemed void.
16. Taxes
Goods and services procured subject to this
Purchase Order are exempt from Florida
sales and use tax on real property, transient
rental property rented, tangible personal
purchased or rented, or services purchased
(Florida Statutes, Chapter 212), and from
federal excise tax.
17. Annual Appropriations
The COUNTY’S performance and obligation
to pay under this Purchase Order shall be
contingent upon an annual appropriation of
funds.
18. Termination
This Purchase Order may be terminated at
any time by the COUNTY upon 30 days
prior written notice to the VENDOR. This
Purchase Order may be terminated
immediately by the COUNTY for breach by
VENDOR of the terms and conditions of this
Purchase Order, provided that COUNTY has
provided VENDOR with notice of such
breach and VENDOR has failed to cure
within 10 days of receipt of such notice.
19. General
a) This Purchase Order shall be governed
by the laws of the State of Florida. The
venue for any action brought to
specifically enforce any of the terms and
conditions of this Purchase Order shall
be the Twentieth Judicial Circuit in and
for Collier County, Florida
b) Failure of the COUNTY to act
immediately in response to a breach of
this Purchase Order by VENDOR shall
not constitute a waiver of breach.
Waiver of the COUNTY by any default
by VENDOR hereunder shall not be
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deemed a waiver of any subsequent
default by VENDOR.
c) All notices under this Purchase Order
shall be sent to the respective
addresses on the face page by certified
mail, return receipt requested, by
overnight courier service, or by personal
delivery and will be deemed effective
upon receipt. Postage, delivery and
other charges shall be paid by the
sender. A party may change its address
for notice by written notice complying
with the requirements of this section.
d) The Vendor agrees to reimbursement of
any travel expenses that may be
associated with this Purchase Order in
accordance with Florida Statute Chapter
112.061, Per Diem and Travel
Expenses for Public Officers, employees
and authorized persons.
e) In the event of any conflict between or
among the terms of any Contract
Documents related to this Purchase
Order, the terms of the Contract
Documents shall take precedence over
the terms of the Purchase Order. To the
extent any terms and /or conditions of
this Purchase Order duplicate or overlap
the Terms and Conditions of the
Contract Documents, the provisions of
the Terms and/or Conditions that are
most favorable to the County and/or
provide the greatest protection to the
County shall govern.
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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
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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 resultant contract(s) may include purchase or work orders issued under one, or any combination
of price methodologies by the County’s project manager:
Lump Sum (Fixed Price): a firm fixed total price offering for a project; the risks are transferred
from the County to the contractor; and, as a business practice there are no hourly or material
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invoices presented, rather, the contractor 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 contractor'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 required).
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.
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@collierclerk.com.
Collier County, in its sole discretion, will determine the method of payment for goods and/or services
as part of this agreement.
Payment methods include:
Traditional – payment by check, wire transfer or other cash equivalent.
Standard – payment by purchasing card. Collier County’s Purchasing Card Program is
supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is
cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules.
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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 “laches” as untimely submitted. Time shall be deemed of
the essence with respect to the timely submission of invoices under this agreement.
In instances where the successful contractor may owe debts (including, but not limited to taxes or
other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy
these debts, the County reserves the right to off-set the amount owed to the County by applying the
amount owed to the vendor or contractor for services performed of for materials delivered in
association with a contract.
Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the
Finance Division for payment. Payment will be made upon receipt of proper invoice and in
compliance with Chapter 218 Florida Statutes, otherwise known as the “Local Government Prompt
Payment Act.” Collier County reserves the right to withhold and/or reduce an appropriate amount of
any payment for work not performed or for unsatisfactory performance of Contractual requirements.
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.
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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.
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
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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.org/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.
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.
In addition, consultants that have participated and/or will participate in the development of
scope, background information or oversight functions on this project are precluded from
submitting a Proposal as either a prime or sub- consultant.
17. Survivability
Bids (ITBs/RFPs): The Consultant/Contractor/Vendor agrees that any Work Order/Purchase Or der
that extends beyond the expiration date of Solicitation 16-6632 East Naples Community Park
Concession resultant of this solicitation will survive and remain subject to the terms and conditions
of that Agreement until the completion or termination of any Work Order/Purchase Order.
18. 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
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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.
19. 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.
20. 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.
Contractor shall be required to maintain records on each employee and make them available to the
County for at least four (4) years.
21. 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.
22. 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.
23. 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.
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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
Bidder/Vendor does not comply with providing both the acceptable E-Verify evidence and the
executed affidavit the bidder’s / 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.
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.
24. 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.
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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
affirm atively state and provide documentation as set f orth 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
contrar y, Collier County and its agencies and instrumentalities, will give preference to local
businesses in the following m anner.
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 prof essional 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.
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.
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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 16-6632 East Naples Community Park Concession 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 ____________
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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: Matt Catoe, Procurement Strategist
The mailing envelope must be sealed and marked with Solicitation 16-6632 East Naples
Community Park Concession and submitted by the solicitation deadline at 3:00PM on June
23, 2016.
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.)
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 ______________
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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 current ly 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 ___________________________________________
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Attachment 4: Vendor Declaration Statement
BOARD OF COUNTY COMMISSIONERS
Collier County Government Complex
Naples, Florida 34112
RE: Solicitation: 16-6632 East Naples Community Park Concession
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: 16-6632 East Naples Community Park Concession.
(Proposal Continued on Next Page)
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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:
(required if different from above)
Company name used as payee
Contact name:
Title:
Address:
City, State, ZIP
Telephone:
FAX:
Email:
Office servicing Collier
County to place orders
(required if different from above)
Contact name:
Title:
Address:
City, State, ZIP
Telephone: _________________________________
Email _________________________________
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Attachment 5: Affidavit for Claiming Status as a Local Business
Solicitation: 16-6632 East Naples Community Park Concession (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 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)
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Attachment 6: Immigration Affidavit Certification
Solicitation: 16-6632 East Naples Community Park Concession
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 k nowingly 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
_____________________________________
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.
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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 (includin g
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
Address ___________________________________
Remit / Payment Information
Address ____________________________________________
City __________
State ________ Zip ___________
City _____________
State _________ Zip ______________
FAX ______________________________________
Email _____________________________________
FAX ______________________________________________
Email _____________________________________________
2. Company Status (check only one)
Individual / Sole Proprietor Corporation Partnership
Tax Exempt (Federal income tax-exempt entity
under Internal Revenue Service guidelines IRC
501 (c) 3)
Limited Liability Company
Enter the tax classification
(D = Disregarded Entity, C = Corporation, P = Partnership)
3. Taxpayer Identification Number (for tax reporting purposes only)
Federal Tax Identification Number (TIN) _______________________________________________________________
(Vendors who do not have a TIN, will be required to provide a social securi ty 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 ________________________
Attachment 8: Insurance and Bonding Requirements
Insurance / Bond Type Required Limits
1. Worker’s
Compensation
Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Statutory Limits and Requirements
2. Employer’s Liability
$100,000 single limit per occurrence
3. Commercial General
Liability (Occurrence Form)
patterned after the current
ISO form
Bodily Injury and Property Damage
$1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury
Liability and Property Damage Liability. This shall include Pre mises 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 rig hts 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 $ 300,000 Each Occurrence; Bodily Injury & Property Damage,
Owned/Non-owned/Hired; Automobile Included
5. Other insurance as
noted:
Watercraft $ __________ Per Occurrence
United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
$ __________ Per Occurrence
Maritime Coverage (Jones Act) shall be maintained where applicable to
the completion of the work.
$ __________ Per Occurrence
Aircraft Liability coverage shall be carried in limits of not less than
$5,000,000 each occurrence if applicable to the completion of the Services
under this Agreement.
$ __________ Per Occurrence
Pollution $ __________ Per Occurrence
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
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$2,000,000 per claim and in the aggregate
Valuable Papers Insurance $__________ Per Occurrence
Employee Dishonesty / Crime $__________ Per Occurrence
Including Employee Theft, Funds Transfer Fraud, Include a Joint Loss
Payee endorsement naming Collier County.
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
Payment Bonds
For projects in excess of $200,000, bonds shall be submitted with the
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. 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.
RLC 5/4/2016
______________________________________________________________________________________________
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 _________________
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Attachment 9: Reference Questionnaire
Solicitation: 16-6632 East Naples Community Park Concession
Reference Questionnaire for:
(Name of Company Requesting Reference Information)
(Name of Individuals Requesting Reference Information)
Name:
(Evaluator completing reference questionnaire)
Company:
(Evaluator’s Company completing reference)
Email: FAX: Telephone:
Collier County is implementing a process that collects reference information on firms and their key personnel to be used
in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as
a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the
best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the
firm/individual again) and 1 representing that you were very unsatisfied (and w ould never hire the firm/indivdiual 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 the project costs (minimize change orders to scope).
2 Ability to maintain project schedule (complete on-time or early).
3 Quality of work.
4 Quality of consultative advice provided on the project.
5 Professionalism and ability to manage personnel.
6 Project administration (completed documents, final invoice, final product turnover;
invoices; manuals or going forward documentation, etc.)
7 Ability to verbally communicate and document information clearly and succinctly.
8 Abiltity to manage risks and unexpected project circumstances.
9 Ability to follow contract documents, policies, procedures, rules, regulations, etc.
10 Overall comfort level with hiring the company in the future (customer satisfaction).
TOTAL SCORE OF ALL ITEMS
Please FAX this completed survey to: _______________________________________ By ________________
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Exhibit V: East Naples Community Park Overview
EAST NAPLES COMMUNITY PARK