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Agenda 03/28/2017 Item #16E 903/28/2017 EXECUTIVE SUMMARY Recommendation to award RFP 16-6596 Safety, Security, and Access Infrastructure Programs and Equipment for Countywide use to Johnson Controls, Inc. and Commercial Electrical Systems Company and authorize the Chair to sign the necessary agreements. OBJECTIVE: To obtain parts and services to maintain and support the County’s safety, security and access infrastructure programs for the protection of the County’s visitors, employees and assets. CONSIDERATIONS: Collier County operates a number of facilities including jail facilities, the Sheriff’s special operations facility, the Emergency Services Center, and related County facilities and equipment requiring continuous operation of safety, security, and access infrastructure. This infrastructure and equipment prevents unauthorized access to County facilities and promotes the safety of visitors and employees. This includes, but is not limited to, burglar/intrusion systems, air quality monitoring services and equipment, x-ray machines and magnetometers, mass notification systems, and power monitoring devices. The Facilities Management Division, along with other County Divisions, sought the services of a qualified company to furnish everything necessary (labor, materials, equipment, etc.) for new projects, routine repairs, and emergency repairs for the County’s infrastructure and equipment. On September 8, 2016, the Procurement Services Division released notices of Request for Proposal (RFP) No. 16-6596 Safety, Security, and Access Infrastructure Programs and Equipment to nine hundred (900) companies, eighty-one (81) companies downloaded bid packages, and two (2) companies submitted proposals by the October 10, 2016 deadline. Staff recommends award to both firms. For all services under the Agreement, the County will quote the work to both awarded contractors and select the lowest cost quote. The County will utilize time and material cost payments for all services under this Agreement. While the County intends to use the contractors awarded, the County reserves the right at any time to use other vendors for the services described, by requesting additional quotes or bids in accordance with the Board’s Procurement Ordinance. FISCAL IMPACT: The historical annual cost of these services is approximately $78,000 based on a three year average, with the highest annual expenditure being $100,000. This amount will increase should other facilities or equipment be added to the County during the course of this Agreement. Other County Divisions may use this contract based on their available budget. GROWTH MANAGEMENT IMPACT: There are no Growth Management Impacts associated with this action. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.-SRT RECOMMENDATION: To award RFP #16-6596 Safety, Security and Access Infrastructure Programs and Equipment for Countywide use to Johnson Controls, Inc. and Commercial Electrical Systems Company and authorize the Chair to sign the necessary Agreements. Prepared by: Rady Edreva, Operations Analyst, Facilities Management Division 03/28/2017 ATTACHMENT(S) 1. 16-6596 Final Rank Template (PDF) 2. [Linked} 16-6596 SafetySecurityAccess_Solicitation (PDF) 3. NORA1 (PDF) 4. 16-6596 JCI_Contract_VendorSign (PDF) 5. 16-6596_CES_Contract_CAO_VendSign (PDF) 03/28/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.E.9 Doc ID: 2849 Item Summary: Recommendation to award RFP 16-6596 Safety, Security and Access Infrastructure Programs and Equipment for Countywide use to Johnson Controls, Inc. and Commercial Electrical Systems Company and authorize the Chair to sign the necessary agreements. Meeting Date: 03/28/2017 Prepared by: Title: Accounting Technician – Facilities Management Name: Rady Edreva 03/07/2017 1:21 PM Submitted by: Title: Division Director - Facilities Mgmt – Facilities Management Name: Dennis Linguidi 03/07/2017 1:21 PM Approved By: Review: Procurement Services Barbara Lance Level 1 Purchasing Gatekeeper Completed 03/07/2017 3:54 PM Procurement Services Sandra Herrera Additional Reviewer Completed 03/08/2017 7:18 AM Facilities Management Dennis Linguidi Additional Reviewer Completed 03/08/2017 3:54 PM Procurement Services Ted Coyman Additional Reviewer Completed 03/08/2017 5:38 PM Administrative Services Department Michael Cox Level 1 Division Reviewer Completed 03/09/2017 3:26 PM Administrative Services Department Len Price Level 2 Division Administrator Review Completed 03/13/2017 4:38 PM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 03/14/2017 11:17 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/15/2017 9:16 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/15/2017 10:09 AM Office of Management and Budget Laura Wells Additional Reviewer Completed 03/16/2017 5:20 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/20/2017 10:08 PM Board of County Commissioners MaryJo Brock Meeting Pending 03/28/2017 9:00 AM Working Paper - Step 1: Committee member assigns criterion points. Step 2: Committee member ranks vendor's proposal using points and public meeting(s) information; # 1 is highest ranking, # 2 is second highest ranking, etc. Collier County Purchasing Department Selection Committee Individual Score and Rank Form RFP #: 16-6596 Title: Safety, Security and Access Infrastructure Programs and Equipment Name Tab II, Business Plan (Points 10) Tab III, Project Approach (Points 20) Tab IV, Cost of Services to the County (Points 25) Tab V, Experience, Capacity and Expertise (Points 15) Tab VI, Team Members Specialized Expertise (Points 15) Tab VII, References – (Points 5) Tab VIII, Local Vendor Preference (Points 10) Step 1:Total Individual Scoring (Criteria points should be added together) Step 2: Individual Rank Order (Do not complete until directed by the Procurement professional) Commercial Electrical Systems (CES)16.4 6.4 3.2 3.2 5 10 34.2 Johnson Controls 19.4 10 15 15 1.8 10 61.2 Signature Rhonda Burns 11/3/2016 I have identified my individual scoring and rank for the firms who have submitted proposals for this solicitation on the Selection Committee Individual Score and Rank Form. Sign and date the form below. Step 1: Selection committee members will independently review and assign points/score each proposal based on the evaluation criteria stated below using the Individual Selection Committee Score and Rank Form - Step 1; and prepare comments for discussion at the next meeting. Step 2: Upon direction by the Procurement professional, the individual selection committee member should review the individual vendor total scores and take into account all other information including: the proposals, recommendations, County evaluations and any other information discussed in the public meeting(s). Rank order each of the vendor's proposals from 1 (being the highest ranked proposal), 2 being the next highest ranked vendor's proposal and so forth based on information obtained. REQUEST FOR PROPOSAL COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Solicitation 16-6596 – Safety, Security and Access Infrastructure Programs and Equipment Rhonda Burns, CPPB, Procurement Strategist 239-252-8941 (Telephone) 239-252-6700 (Fax) RhondaBurns@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. Table of Contents LEGAL NOTICE .................................................................................................................................................................. 3 EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT ........................................................................... 4 EXHIBIT II: GENERAL RFP INSTRUCTIONS .........................................................................................................................22 EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS ....................................................................26 EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP...........................................................................................30 ATTACHMENT 1: VENDOR’S NON-RESPONSE STATEMENT ...............................................................................................40 ATTACHMENT 2: VENDOR CHECK LIST .............................................................................................................................41 ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT ........................................................................................................42 ATTACHMENT 4: VENDOR DECLARATION STATEMENT ....................................................................................................43 ATTACHMENT 5: AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS ....................................................................45 ATTACHMENT 6: IMMIGRATION AFFIDAVIT CERTIFICATION ...........................................................................................46 ATTACHMENT 7: VENDOR SUBSTITUTE W – 9 .................................................................................................................47 ATTACHMENT 8: INSURANCE AND BONDING REQUIREMENTS ........................................................................................48 ATTACHMENT 9: REFERENCE QUESTIONNAIRE ................................................................................................................50 16-6596 RFP_Non_CCNATemplate_008012016 2 Legal Notice Sealed bid responses for Solicitation 16-6596 – Safety, Security and Access Infrastructure Programs and Equipment will be received until 2:30PM Naples local time, on October 10, 2016 at the Collier County Government, Procurement Services Division, 3327 Tamiami Trail E, Naples, FL 34112. Solicitation 16-6596 Safety, Security and Access Infrastructure Programs and Equipment Services to be provided may include, but not be limited to the following: safety, security and access infrastructure programs in various County owned and leased buildings throughout Collier County. A non-mandatory pre-proposal conference will be held on September 20, 2016, commencing promptly at 10AM, and will be held in the Procurement Services Division Conference Room, Collier County Government, Procurement Services Division, 3327 Tamiami Trail E, Naples, FL 34112. All statements shall be made upon the official proposal form which may be obtained on the Collier County Procurement Services Division 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/ Allison Kearns Interim Director, Procurement Services This Public Notice was posted on the Collier County Procurement Services Division website: www.colliergov.net/purchasing and in the Lobby of Procurement Services Division Building "G", Collier County Government Center on September 8, 2016. 16-6596 RFP_Non_CCNATemplate_008012016 3 Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Facilities Management 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 firms in accordance with the terms, conditions and specifications stated or attached. The Vendor/Contractor, at a minimum, must achieve the requirements of the Scope of Work and specifications stated. The results of this solicitation may be used by other County Divisions and Departments once awarded according to the Board of County Commissioners Procurement Ordinance, as amended. Brief Description of Purchase The County Divisions are responsible for providing safety, security, and access infrastructure programs in various County owned and leased buildings throughout Collier County. In order to maintain the integrity, continuous operation, and protection of the buildings and systems, the County intends on awarding a contract to provide: 1. Safety equipment, labor, and materials, 2. Security equipment, labor, and materials, 3. Access infrastructure equipment, labor, and materials, and 4. Turnkey safety, security, and access infrastructure projects and project management. During the course of the past three fiscal years, the County, as a whole, averaged $78,000 per fiscal year with the highest expenditure of $100,000 in Fiscal Year 2015. It is anticipated that the approximate annual spend will substantially increase each Fiscal Year, based on increased demand for security upgrades and additions. The total amount will be based on the available/approved budgets by Division and/or Department. Background In the County’s continuing effort to utilize technology to protect its employees, visitors, and physical assets, the County relies on different technologies and equipment. Such technologies and equipment include, but are not limited to: life safety, security, burglar / intrusion systems, fire systems, UPS systems, air quality monitoring services and equipment, weather systems, x-ray machines, magnotometers, object and personnel scanning systems, mass notification systems, “cloud” services, network systems, power monitoring devices, etc. The purpose of this RFP is to provide a wide variety of equipment, technology, and services associated with the safety, security and access infrastructure systems in County Facilities. The County maintains Johnson Controls P2000 software and other proprietary monitoring software for its security systems. Johnson Controls Metasys is the primary building automation system with various HVAC, lighting, and fire system integrations. The current software should not preclude a company from submitting a proposal to this RFP as the County frequently needs to procure equipment that does not need to integrate with these software platforms. Detailed Scope of Work 16-6596 RFP_Non_CCNATemplate_008012016 4 It is the intent of the County that the safety, security and access infrastructure systems experience minimal down time, therefore proposer’s response time shall be a factor in the award of this RFP. While the County intends to use the Contractor(s) awarded as a part of this solicitation, the County reserves the right at any time to use the awarded Contractor(s) for the services described, or to request additional quotes or bids from other Contractors [per the Board’s Procurement Ordinance]. In an effort to address the comprehensive approach to community and building safety, security, and access programs, it is the County’s intent to select three (3) or more of the most qualified Contractors who provide various types of equipment, installation and warranty of that equipment, and various services to support the equipment. It would be the intent of the County to solicit quotes from all awarded Contractors under the resultant contract for all work / projects. All awardees will be required to respond to the request for quote and a reason if their response is ‘no quote’. A ‘no quote’ shall be considered a quote for purposes of obtaining three quotes. The County reserves the right to select one, or more than one Contractor, for a single service, or for multiple services. Should the County award the services to two (2) or more Contractors, and one of the Contractor(s) consistently does not perform their assigned responsibilities, the County Representative or designee retains the right and authority to reassign work to one of the other Contractors awarded so as not to leave the equipment vulnerable or in disrepair. The Contractor shall use qualified technicians/installers and the County expects that the awarded contractor(s) will provide a minimum of three (3) technicians / installers assigned to this account, to provide labor, supervision, equipment, and materials necessary to perform the safety, security, and access services all in accordance with the requirements specified in the RFP. Hourly time will be paid only for actual time at the worksite. Travel time will not be an allowable item. Should the equipment purchased and installed by the awarded Contractor(s) of the resultant contract require integration services with the County’s proprietary P2000 or Metasys systems, the County reserves the right to engage those integration services through a separate contract with Johnson Controls, Inc. Proposer(s) may also be required to conform to the County’s Work Management procedures, such as utilizing work order forms, or future online work order system, at no additional cost to the County. The Contractor will be responsible for utilizing any systems used by the County for work orders for Divisions using the resultant contract. All proposers must provide requested certifications and licenses necessary to perform the services outlined in the RFP specifications. The awarded Contractor(s) shall: 1. Provide prices for the equipment, labor, materials and services to support a comprehensive and state-of-the-art Safety, Security and Access Infrastructure Programs and Equipment as requested and directed by County Representative or designee. All proposals and work must meet or exceed the standards set forth in the Collier County Vertical Construction Standards and Collier County IT Construction Standards unless specifically exempted in writing by Facilities Management Division Representative or designee. The latest Standards are located at the following website: http://www.colliergov.net/your-government/divisions-f-r/facilities-management/vertical- construction-standards . The Standards are considered to be “living documents” and the awarded 16-6596 RFP_Non_CCNATemplate_008012016 5 contractor(s) shall review and reference the latest version when proposing work. Failure to comply with these Standards will result in the out-of-compliance work being remediated by the responsible contractor(s) at no additional cost to the County and a daily fine of one hundred and fifty ($150) at the determination of the County Representative or designee. The awarded Contractor(s) equipment, labor, materials, and services include, but are not limited to: a. Provide equipment (all types) including but not limited to: surveillance, camera (CCTV, IP, etc), computer and television monitors, digital video recorders, network video recorders, access monitoring systems, access control systems, facial recognition and other analytic equipment, intrusion systems, x-ray hardware, software programs, UPS monitoring systems, emergency call boxes, intercom systems, touch screen systems, wireless systems, access card printer and supplies, ID badge systems, perimeter security systems (including but not limited to electronics, fences, gates, barricades, stanchions, bollards, and other equipment associated with perimeter access control systems), package inspection monitoring systems, air quality monitoring equipment, magnetometers and like systems, door and door hardware (including keys, gates, fencing, fencing hardware), people and package detection equipment, communication equipment, radio equipment, patrol systems, key control systems, biometric systems, panic alarm systems, indoor air quality systems, artificial intelligence systems, burglar / intrusion systems, weather systems, UPS systems, and any other similar devices that prevent safety, security and access breeches, and assist with the maintenance of safety for people and facilities. b. Provide installation and construction services for all of the equipment identified above as directed by the County Representative or designee, and for areas such as security stations, lobbies, kiosks, etc. Construction services include, but are not limited to project management, design, construction, permitting, furniture, special ballistics-rated and non- rated materials, preventive maintenance, repairs, and refurbishment. c. Provide security consultation services for all of the equipment identified above, and new / emerging technology, as directed by County Representative or designee. d. Provide security monitoring services for all of the equipment identified above, and new / emerging technology, as directed by County Representative or designee. 2. Provide a single point of contact for the County for all work performed under the resultant contract. 3. Respond to emergencies, as declared by County Representative or designee, in three (3) hours or less. “Respond to emergencies” is defined as “onsite and physically/actively working” on the issue provided by the County Representative or designee. 4. Respond to non-emergencies, as declared by the County Representative or designee, within one (1) business day, unless otherwise agreed to by the County Representative or designee. 5. Comply with the following Proposal/Quote Requirements: The four types of services required are: • Regular Work: The County Representative or designee will provide a scope of work to be performed to the contractors and request that a “time and materials” or a “lump sum” quote be provided. The County expects that for regular work, the contractor provides a price quote within a reasonable amount of time (one to two business days) from the point of initial contact. Once a purchase order is issued, the County expects that the work would commence within two (2) business days, unless otherwise directed by the County Representative or designee. 16-6596 RFP_Non_CCNATemplate_008012016 6 In the event that the contractor does not fulfill these requirements, the County reserves the right to contact other contractor(s) to perform the scope of work. • Lump Sum Work: The County Representative or designee will provide a scope of work to be performed and request that the contractor confirms that the work meets the scope identified in the Lump Sum Request. o If the work falls within this section, the contractor will provide a proposal in accordance with the lump sum request. The County expects that for lump sum work, the Contractor provides a price quote within a reasonable amount of time (one or two business days) from the point of initial contact. Once a purchase order is issued, the County Representative or designee would expect that the work would commence within five (5) business days, unless otherwise directed by the County. In the event that the Contractor does not fulfill these requirements, the County reserves the right to contact other contractor(s) to perform the scope of work. For lump sum quotes all three awardees must provide a lump sum quote or explanation for a no quote (see below for definitions and requirements of lump sum and time and material quotes). • Project Work: The County Representative or designee will provide a scope of work to be performed to the Contractors and request that a “time and materials” or a “lump sum” quote be provided. The County expects that for project work, the Contractor provides a price quote within a reasonable amount of time (seven business days) from the point of initial contact. Once a purchase order is issued, the County Representative or designee would expect that the work would commence within five (5) business days, unless otherwise directed by the County Representative or designee. In the event that the Contractor does not fulfill these requirements, the County reserves the right to contact other Contractor(s) to perform the scope of work. • Emergency Repair Work: The County Representative or designee will identify that the needed maintenance, repair, and/or replacement for the life, health, safety, or equipment/facility emergency and request that a quote be provided as soon as reasonably practicable. The County Representative or designee may direct the Contractor to commence work through a verbal direction; and a purchase order will be issued to the Contractor as soon as possible. In each scope of work the County’s Representative or designee reserves the right to specify: the period of completion; collection of deductions / fines or actual costs in the event of late completion and/or non-compliant performance and/or Contractor caused damages; and a “lump sum” or “time and materials” pricing: • If a “lump sum” quote is requested, the Contractor shall provide:  A fixed not-to-exceed total cost for the entire scope of work including a brief description of the work to be completed.  Lump Sum (fixed price) is 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 invoices presented, rather, the Contractor must perform to the satisfaction of the County Representative or designee before payment for the fixed price contract is authorized.  Only a single lump sum quote is required, no itemized breakdown for the lump sum 16-6596 RFP_Non_CCNATemplate_008012016 7 quote will be required for quoting or payment purposes. No time and material quotes will be accepted or required for quoting or payment. Actual invoices for materials, subcontractors, mark-ups, etc. will not be required for payment purposes, as the lump sum quote does not require a breakdown of the quote or supporting documentation. Timesheets and/or timecards will not be accepted or required for quoting or payment purposes to support labor hours, as they are not required for a lump sum quote. • If a “time and material” quote is requested, the Contractor shall provide:  A not-to-exceed total estimated cost by line item for the entire scope of work;  The expected number of work hours by each position (and the hourly rate) and the extended total.  The breakdown of the cost for supplies, parts, and equipment used for the scope of work; the Contractor must provide itemized documentation and receipts / invoices for any supply, part or piece of equipment billed in their invoice.  If applicable, a mark-up of subcontractor’s labor, supplies / materials and equipment may be included; the Contractor must provide itemized documentation, including the subcontractor’s invoice, of any subcontractor’s labor, supplies / materials, and equipment.  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).  As a general business practice, the time and material invoices would include back- up documentation of costs for supplies/materials, equipment rental, subcontractors, etc.; 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.  Taxes and related fees may be transferred to the County in the actual amount; however, mark-ups will not be allowed. Mark-ups will not be allowed on sales tax, consumer fees or taxes, use and other similar taxes, or fees associated with any work under the resultant contract.  Freight and shipping charges will be allowed if included in the quote and only allowed to the amount support by an invoice. No mark-up will be allowed for freight or shipping charges. 6. Provide at least a one year warranty (from date of acceptance (invoice approval) by the County Representative or designee) on all equipment, materials and labor provided by the awarded Contractor(s). 7. Provide invoices in a timely manner. If an invoice is received more than 6 months after the completion of the work, the invoice will not be accepted and the Contractor will be required to write-off the invoice. Invoices must include: • Work Order Number (if applicable), • Purchase Order Number, • Description of the work, • Date the work was performed and completed, • Total number of hours and hourly cost (not required for lump sum work), • Break down of subcontractors hours and materials (not required for lump sum work), and • TOTAL cost of the service. 16-6596 RFP_Non_CCNATemplate_008012016 8 8. Provide quarterly summary and specific reports to the County Representative or designee that includes, but, is not limited to: • Types and description of projects completed, • Locations of projects, • Consultant and subcontractor number of hours and dollars per location (not required for lump sum work), • Equipment and supplies per individual project and costs (not required for lump sum work), and • A summary of new and innovative “best-in-class” recommendations for future considerations. 9. Schedule monthly, or more frequent, contract review meetings with the County Representative or designee. 10. Submit pricing quotes that are all inclusive of the direction provided by the County Representative or designee. Mark-ups will be allowed in accordance with the negotiated price schedule. No additional mark-ups, profit, or charges will be accepted. The contractor will not be allowed to bill for administrative hours for invoicing, providing back-up, and supporting documentation, etc. 11. Use the Collier County contracted Contractors whenever possible as subcontractors with the established mark-up. If it is not possible, the awarded firm may use a non-County subcontractor with the established mark-up. The selected Contractor(s) shall utilize the County’s contracted Contractor (or Contractors) for installation of any network infrastructure cabling that is to be connected to the County IT Division’s network equipment unless provided with written exemption by the Facilities Manager (or designee) and the County IT Network Operations Manager (or designee). Any existing exceptions will be re- evaluated at the commencement of the resultant contract. The County reserves the right to grant or revoke exceptions at any time during the course of the resultant contract. Network infrastructure cabling including, but is not limited to: • Ethernet Cabling (all categories) • Fiber Optic Cabling (all types) 12. Provide all consumables, materials, and parts to the County at cost plus a fixed mark-up or profit (not required for lump sum work). 13. The awarded Contractor(s) shall closely coordinate the equipment and installation services with other Contractors should the County Representative or designee direct the integration with the County’s proprietary software infrastructure. Contractor’s Responsibilities and Additional Items: The Contractor(s) awarded for the resultant contract will provide: 1. All necessary labor, materials, equipment, tools, consumables, transportation, skills, and incidentals required for the preventative maintenance inspection services, repairs, and on-call services for the County’s systems. Except as noted herein, travel, fees and surcharges will not be accepted in conjunction with the resultant contract, and such charges should be incorporated into the pricing structure. All clerical work associated with the bill are included in the prices and a contractor will not be allowed to bill for invoicing, providing back-up, and supporting documentation, etc 16-6596 RFP_Non_CCNATemplate_008012016 9 2. All work shall be a “turn-key” operation to include all repairs, site clean-up and restoring the work area to its original condition. The resultant contract provides for any services deemed necessary to complete the job, through means of Contractor(s) in-house expertise or sub-contracted work as needed. The Contractor shall ensure that all areas and equipment be kept clean and free from dirt, dust and debris. 3. Where necessary, work shall include proper permitting as required by the Authority Having Jurisdiction (AHJ) and the contractor(s) shall be responsible for permit submissions, unless otherwise instructed by the County Representative or designee. Permit fees may be included as a line item on invoices/quotes. 4. The awarded Contractor(s) will maintain sufficient personnel to accomplish the County’s work schedule. 5. Technician(s) and installer(s), whether employees of the awarded Contractor(s) or subcontracted staff, must be supplied with the equipment, tools, and transportation necessary to efficiently complete their work. The following scenarios are intended to serve as examples and are not prescriptive requirements: a. A technician working on a camera should be supplied with a camera monitor/testing tool to confirm the view and ensure correct focus. b. Similarly, an installer should be provided with the necessary security bit(s) to secure a new emergency phone to the enclosure. 6. The Contractor’s technicians will be available for response twenty-four (24) hours a day, seven (7) days a week, 365 days per year for any emergency repairs. The Contractor(s) shall provide the County with an on-call telephone number for emergency service. The Contractor(s) shall employ an adequate staff of approved technicians to provide service taking into account vacation and other leaves. 7. Scheduling: All normal inspections, maintenance, service, and repairs shall be conducted during normal working hours, Monday through Friday, 8:00 am until 5:00 pm unless otherwise instructed by the County. To arrange for an appointment to perform an installation or service at a particular facility; contact the County Representative or designee a minimum of one (1) business day in advance of the work. Afterhours work will be allowed at an 1.5 multiplier of the standard hourly rate, if explicitly requested and approved, in writing, by the County Representative or designee. 8. Inspections: The County and the Contractor may conduct an inspection of the completed services provided in response to any resulting purchase order. a. Any deficiencies noted during an inspection shall be corrected before final acceptance. Such deficiencies will be corrected within two (2) business days after receipt of notification, at the Contractor's expense or the County may follow the provisions in Section 18c (below), at the discretion of the County Representative or designee. b. If the Contractor fails to correct the defects within this time frame, the County shall be entitled to have such work remedied, charge a deduction / fine and the Contractor shall be fully liable for all costs and expenses reasonably incurred by the County. 9. Equipment inventory: The Contractor shall, under no circumstances, remove any equipment containing a County asset sticker. The Contractor shall request that, when replacing equipment, 16-6596 RFP_Non_CCNATemplate_008012016 10 the asset sticker be removed by an appropriate County staff member authorized to adjust the equipment inventory records. 10. Certifications: The Contractor(s) awarded shall ensure at all times that there is at least one employee assigned to this account with a Pelco VideoXpert and/or Pelco Endura system certification that can respond to an emergency during the established response timeframe (three hours). If the awarded Contractor(s) intend to provide access control services to the County, they shall also ensure that at all times there is at least one employee assigned to this account that has successfully completed the Johnson Controls P2000 "Security Field Controllers Configuration and Maintenance" course within the past two (2) years that can respond to an emergency during the established response timeframe (three hours). The County reserves the right to change the required certifications/courses, with advanced written notice of six (6) months to the awarded contractor(s), to equivalent system certifications / courses should the County change platforms. 11. Specialized Knowledge: All technician(s) and installer(s) assigned to this account that will work on IP-based equipment (e.g. cameras and card access controllers) must possess and maintain a basic understanding of computer networking. While specific certifications for all installer(s) and technician(s) are not required, it is expected that staff working on IP-based equipment will have the networking knowledge and skills commensurate with at least one of the following certifications: • AXIS Certified Professional • Cisco CCENT • CompTIA A+ • CompTIA Network+ • Microsoft MTA • NICET VSST Level III • Pelco Endura / VideoXpert. 12. On-Call Schedule: Contractor(s) awarded will provide an on-call schedule for twenty-four (24) hours a day, seven (7) days per week, 365 days per year. Successful Contractor(s) shall provide the County with an on-call telephone number(s) for both standard and emergency service. As indicated above. 13. Response time: Emergency response time shall not exceed three (3) hours from time of call and is defined as “onsite and physically/actively working” on the issue provided by the County representative or designee. Non-emergency response within one (1) day is acceptable. 14. Replacement / Repair Parts: All replacement/ repair parts must be approved and be of genuine and original manufacturer's parts. The Contractor(s) will be required to provide proof of the Original Manufacturer’s parts through providing invoices or photographs at the time of invoice submission. The Contractor shall be required to expressly warrant that all replacement are new and free from defects, warranted for their merchantability and meet the performance specifications of the original equipment. In the event a portion, or all of an order, is found to be defective when delivered and/ or installed, the Contractor shall immediately replace the equipment at no cost to the County. Refurbished / remanufactured equipment is only permissible for use at the written direction of the County Representative or designee. All refurbished / remanufactured equipment is required to be expressly warranted by the contractor to be free from defects and meet the performance specifications of the original equipment. 16-6596 RFP_Non_CCNATemplate_008012016 11 15. Warranties: All new equipment warranty work shall be provided by the original warranty supplier. All warranty responsibility for previously purchased, but still under warranty, equipment will continue to be provided by the original warranty supplier until expiration of the warranty period. Upon expiration of the warranty period, responsibility for maintenance shall automatically transfer to the contractor, unless otherwise directed by the County Representative or designee. All trouble calls shall be initially reported to the Contractor. If the trouble call involves a warranty item, the Contractor shall notify the County Representative or designee, who will then have the responsibility of placing and tracking the warranty trouble call with the warranty supplier. Maintenance of the warranty inventory list and the notification of a warranty trouble call to the County Representative or designee shall be provided by the Contractor at no additional cost to the County. 16. Installer / Technician Checklists: The County reserves the right to require checklist(s) to be completed for any technician/installer services prior to work acceptance at no additional cost to the County. These checklists may include, but are not limited to: installation, maintenance, troubleshooting, and replacement. The County shall be responsible for providing the required checklist(s) before work commences and notify the Contractor in writing that the checklist(s) will be required for that project. 17. Records and documentation: The contractor is responsible to maintain and update records for transactions and services / equipment provided. The documentation will include, and not be limited to, records of all service calls, preventative maintenance performed, and any system modifications, if applicable. The Contractor(s) will maintain a service log at the site of each piece of equipment maintained. The Contractor(s) will not charge for any call back work. All recovery reports shall be sent to the County contract manager, or their designee, noting date, type, quantity, location, and disposal information. 18. Performance Measures: The Contractor shall maintain compliance with the following performance measures: a. The Contractor will provide 100% of all required reports and records within the time frame specified to the County, or their designee. b. The Contractor will advise the County, in writing, of any extenuating circumstances that will prohibit the Contractor from meeting the above-outlined performance measures. c. The Contractor(s) will furnish all necessary labor, tools, equipment and services to perform contracted services specified in the contract. The term contract officer or project manager as used herein, shall mean County Representative or his designee. The Division Management and/or County Representative shall be the final authority on any issues that may arise as to the quality and acceptability of any work performed under the resultant contract. If, in the opinion of the County Representative or designee, any part if the Contractor’s performance becomes unsatisfactory; the County will immediately levy a deduction on the Contractor’s invoice for lack of service. This deduction will be one hundred and fifty dollars ($150) per occurrence. There will be no cost to the County for re-works or for the Contractor to resolve performance issues. The County shall have the immediate right to complete the work to its satisfaction, through the use of County employees or outside contractors as deemed necessary. The total sum of the County employee’s hours cost and materials cost and/or outside Contractor invoices shall be immediately 16-6596 RFP_Non_CCNATemplate_008012016 12 deducted from the Contractor’s monthly invoice. An additional 10% of the gross total will be added as a penalty for the unsatisfactory performance. 19. Contract Deductions: It is the County’s intent to have all tasks performed satisfactorily and completed in accordance with the specifications and frequencies set forth under the contract. It is important that the Contractor perform all tasks as prescribed. If any tasks are omitted or not performed satisfactorily and completely and with the frequency designated by the contract, the entire affected area as defined solely by the County Representative or designee shall be found to be a non-performance area and a deduction shall be levied. Any deduction may be assessed after a minimum of one written warning. The deduction will be one hundred and fifty dollars ($150) per occurrence, per day, plus actual cost to correct violation. Deductions shall be administered through the County representative or designee. Should the Contractor wish to appeal these charges, they may do so in writing to the Division Manager within three (3) business days of receiving the fine/deduction notification. The appeal should state dates, times and other associated facts, along with a clear description of their argument or disagreement with the fine. The document should also reference this bid and/or other supporting documentation. Should the appeal be rejected by the Division Manager within three (3) business days, the next appeal may then be made to the Division Director within three (3) business days. Each of these appeals should be made within three (3) business days of the incident or notification (for the appeal to the Division). If resolution cannot be obtained through the Division Management Appeal process, the Contractor will have the right to appeal within three (3) business days to the Procurement Services Division 20. Clean-up: The Contractor(s) shall be responsible for removing all debris from the site and cleaning affected areas. The Contractor(s) shall keep the premises free of debris and unusable materials resulting from their work and as work progresses; or upon request by the County’s representative, shall remove such debris and materials from the property. The Contractor(s) shall leave all affected areas as they were prior to beginning work. There will be no cost to the County for clean-up. If the Contractor(s) does not follow this provision, there will be a deduction of one hundred and fifty dollars ($150) per occurrence, per day, plus actual cost to correct the violation. Term of Award The award term, if an award(s) is/are made is intended to be for one (1) year with three (3) one (1) year renewals for a maximum total of four (4) years. Prices shall remain firm for the initial term of this award. Price adjustments are dependent upon the consumer price index (CPI) over the past twelve (12) months, budget availability and program manager approval. Surcharges will not be accepted in conjunction with the resultant contract except as described in the scope of work. 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. 16-6596 RFP_Non_CCNATemplate_008012016 13 Event Date Issue Solicitation Notice 9/8/2016 Last Date for Receipt of Written Questions 9/30/2016, 4:00 pm, Naples Local Time Non-mandatory pre-solicitation meeting 9/20/2016, 10:00 am, Naples Local Time and Locations Addendum Issued Resulting from Written Questions or Pre- Proposal Conference TBD Solicitation Deadline Date and Time 10/10/2016, 2:30 pm, Naples Local Time Anticipated Evaluation of Submittals October Anticipated Completion of Contract Negotiations October 2016 Anticipated Board of County Commissioner’s Contract Approval Date November 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. 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 (0 points) Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein and why this contract with the County is important. Include the name(s), telephone number(s) and email(s) of the authorized contact person(s) concerning proposal. Submission of a signed Proposal is Vendor's certification that the Vendor will accept any awards as a result of this RFP. 2. Tab II, Business Plan (10 points) In this tab the business plan shall not exceed four (4) pages. 16-6596 RFP_Non_CCNATemplate_008012016 14 • Include detailed plan of approach to how the vendor will provide a comprehensive and state of the art Security System and Access Program to the County. • Provide a recommended plan to help the County lower its security operational costs. 3. Tab III, Project Approach (20 points) In this tab, include: • Please describe how your company typically prioritizes projects when multiple requests are coming in at the same time. • Please describe how your company typically manages project workloads when demand exceeds current staffing levels. • Please describe how your company typically handles the fulfillment of requests that exceed the technical expertise of existing staff. • Please describe how your company stays current with the constantly evolving technology landscape. • Please describe how your company keeps customers informed of new products and services that can meet their business needs. • Please describe your distribution channel(s) for sourcing security equipment. • Please indicate if you have established distribution channels with the following manufacturers:  Code Blue Corporation – www.codeblue.com;  Pelco by Schneider Electric – www.pelco.com  HID Global – www.hidglobal.com  Ditek Corporation – www.ditekcorp.com  Tatung Company of America – www.tatungusa.com • If you indicated that you have established distribution channels with any of the manufacturers listed above, please describe how those channels can benefit the County. 4. Tab IV, Cost of Services to the County (25 points maximum total) In an effort to assess the cost of services presented to the County, please complete the charts below. 1. Fill in the Unit Price and Price per unit sections for each of the following service area(s) that the vendor is interested in submitting a proposal. The rates are for purposes of evaluating only and will not be used as a final contract rate schedule. 2. Where applicable, the Price per unit will be automatically calculated with a weighted multiple to derive a TOTAL cost. 3. The weighted multipliers are only an instrument for evaluating the proposals and should not be interpreted as guarantees of future work. 4. The highest vendor’s price for the specific item plus $1.00 will be assigned as the value for any missing data. 5. Contractors will be reviewed for responsiveness in all service areas and ranked from lowest price to highest price. I. Miscellaneous Vendor Position Prices (10 Points out of 25 Points) If the list below does not contain all of the positions that your firm intends to use for servicing the resultant contract, please add them to the Not Scored – Other Position rows. 16-6596 RFP_Non_CCNATemplate_008012016 15 The Not Scored – Other Position rows will not be used for scoring purposes and the County reserves the right to negotiate pricing and/or reject the addition of the other positions prior to the contract being awarded. Selection Committee Pre-Score Methodology: 1. The highest number of points ten (10) will be awarded to the vendor who has the lowest TOTAL for the miscellaneous positions. 2. Each remaining vendor’s hourly rate will be divided by the lowest vendor’s hourly rate then multiplied by ten (10) points to determine the vendor’s points awarded. Each subsequent vendor’s score will be calculated in the same manner. 3. Points awarded will be extended to the first decimal point (per Microsoft Excel). Item Miscellaneous Vendor Positions Unit of Measure Unit Price Provide the hourly rate and job description for the positions listed below. – These hourly rates shall remain firm for the initial contract term. 1.` Lead System specialist Per hour $ 2. Project Manager Per hour $ 3. Site Supervisor Per hour $ 4. System Designer Per hour $ 5. System Engineer Per hour $ 6. System Technician Per hour $ 7. Fire Inspector Per hour $ Not Scored Other Position 1 - Per hour $ Not Scored Other Position 2 - Per hour $ Not Scored Other Position 3 - Per hour $ 8. TOTAL (add #1 - #7 for a TOTAL Cost of Services to the County) Per hour $ II. Mark-up/Profit on Parts and Subcontractors. (10 Points out of 25 Points) 1. Complete the table below by providing the mark-up/profit percentage. 2. Provide a list of subcontractors likely to be used under the resultant contract. 3. In addition to the information provided in the table below, please provide a sample of your most current catalog for Pelco and Code Blue parts. (5 points out of 25 points) Selection Committee Pre-Score Methodology. 1. The highest number of points (10) will be awarded to the vendor who has the lowest TOTAL for the mark -up profit. 2. Each remaining vendor’s mark-up will be divided by the lowest vendor’s mark- up then multiplied by 10 points to determine the vendor’s points awarded. Each subsequent vendor’s score will be calculated in the same manner. 3. Points awarded will be extended to the first decimal point (per Microsoft Excel). 16-6596 RFP_Non_CCNATemplate_008012016 16 Item II. Mark-up/Profit on Parts and Subcontractors Unit of Measure Unit Price 9. Mark-up/profit for use of subcontractors - These mark-ups/profits shall remain firm for the initial contract term Percentage 10. Mark-up/profit percentage for parts, suppliers, or related items - These mark-ups/profits shall remain firm for the initial contract term - Mark-up/profit shall not be added on tax, freight, or rental equipment Percentage 11 TOTAL (add #9 - #10 for a TOTAL Cost of Services to the County TOTAL 0% For illustrative purposes only, see chart for an example of how these points would be distributed among five proposers. Vendor Name Vendor Total Score (Example Only) Points Awarded Vendor ABC 70 25 Vendor DEF 68 24.28 Vendor GHI 65 23.90 Vendor JKL 65 23.90 Vendor MNO 55 21.15 Vendor PQR 40 18.18 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. 5. Tab V, Experience, Capacity and Expertise (15 points) In an effort to assess the experience, capacity, and expertise of your company, please complete the chart below. This tab will be pre-scored with the following methodology: 1. The highest number of points (15) will be awarded to the company that has the greatest TOTAL (by adding #1 - #4) together 2. All remaining company’s TOTAL will be divided by the highest company’s TOTAL which will then be multiplied by 25 Points to determine the firm’s points awarded. Points awarded will be extended to first decimal point. 1 Number of years that company has provided equipment, materials and labor for the installation of safety, security and access infrastructure in Florida 2 Provide the number of governmental and similar sized Safety, security and Access Infrastructure Programs and Equipment contracts that the 16-6596 RFP_Non_CCNATemplate_008012016 17 vendor is managing or has managed in the past five years (1/1/11 – 12/31/16) 3 Number of safety, security, and access certifications accomplished by the employees in the company in the past year (4/1/15 – 3/29/16) 4 Number of current professional organizations registrations in the safety, security and access industry TOTAL (add #1 - #4 for a Total of Experience, Capacity and Specialized Expertise For illustrative purposes only, see chart for an example of how these points would be distributed among five proposers. Vendor Name Vendor Total Score (Example Only) Points Awarded Vendor ABC 70 15 Vendor DEF 68 14.57 Vendor GHI 65 14.33 Vendor JKL 65 14.33 Vendor MNO 55 12.69 Vendor PQR 40 10.90 The points awarded by vendor will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the vendor’s proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per vendor. The Selection Committee may, at their sole discretion, contact references, and/or modify the reference points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. 6. Tab VI, Team Members Specialized Expertise (15 points) In an effort to assess the specialized expertise of the team members, provide resumes of the employees that will be assigned to this account and complete the chart below Note: Subcontractors are not to be included in the totals below. Selection Committee Pre-Score Methodology: 1. The highest number of points (15) will be awarded to the vendor who has the greatest TOTAL (by adding the calculated TOTAL for #1 - #5 together) 2. All remaining vendor’s TOTAL will be divided by the highest vendor’s TOTAL which will then be multiplied by 15 points to determine the vendor’s points awarded. Each subsequent vendor’s score will be calculated in the same manner. 3. Points awarded will be extended to the first decimal point. ITEM Team Members Specialized Expertise A - Amount B – Weighted Multiplier TOTAL (Column A x Column B) 1 Indicate the number of employees that may be assigned to the Collier County account 1.0 2 Indicate the number of “emergency” 1.0 16-6596 RFP_Non_CCNATemplate_008012016 18 technicians that are available within a three hour response time of the Collier County main government complex. 3 Indicate the number of employees who may be assigned to this account that possess a Pelco VideoXpert or Pelco Endura integrator certification. 1.0 4 Indicate the number of employees who may be assigned to this account that are Johnson Controls “Factory Trained Technician” for the P2000 system 1.5 5 Indicate the number of employees who may be assigned to this account that possess one or more of the following professional certifications and indicate which certification is applicable: • ASIS Physical Security Professional (PSP) • ASIS Certified Protection Professional (CPP) • CI Institute Professional in Critical Infrastructure Protection (PCIP) • CompTIA Advanced Security Practitioner (CASP) • GIAC Global Industrial Cyber Security Professional (GICSP) • ISC2 Certified Information Systems Security Professional (CISSP) 1.5 TOTAL (add #1 - #4 for a TOTAL of Experience, Capacity and Specialized Expertise TOTAL For illustrative purposes only, see chart for an example of how these points would be distributed among five proposers. Vendor Name Vendor Total Score (Example Only) Points Awarded Vendor ABC 70 15 Vendor DEF 68 14.57 Vendor GHI 65 14.33 Vendor JKL 65 14.33 Vendor MNO 55 12.69 Vendor PQR 40 10.90 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. 16-6596 RFP_Non_CCNATemplate_008012016 19 7. Tab VII, References (5 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: 1. 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). 2. The greatest number of points allowed in this criterion will be awarded to the vendor who has the highest score. 3. 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. 4. 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. Vendor Name Vendor Total Reference Score Points Awarded Vendor ABC 445 5 Vendor DEF 435 4.89 Vendor GHI 425 4.88 Vendor JKL 385 4.52 Vendor MNO 385 4.52 Vendor PQR 250 3.25 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. 8. Local Vendor Preference (10 points) 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. See Exhibit IV: Additional Terms and Conditions, Item #24 for more information on Local Vendor Preference. 9. Tab IX, Acceptance of Conditions 16-6596 RFP_Non_CCNATemplate_008012016 20 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. 10. Tab X, 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. 16-6596 RFP_Non_CCNATemplate_008012016 21 Exhibit II: General RFP Instructions 1. Questions Direct questions related to this RFP to the Collier County Procurement Services Division 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 Procurement Services Division 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 Procurement Services Division. 5. Proposal, Presentation, and Protest Costs The County will not be liable in any way for any costs incurred by any Vendor in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures. 6. Delivery of Proposals All proposals are to be delivered before 2:30 PM, Naples local time, on or before September 16, 2016 to: Collier County Government Procurement Services Division 3327 Tamiami Trail E Naples FL 34112 16-6596 RFP_Non_CCNATemplate_008012016 22 Attn: Rhonda Burns, FCCN, CPPB, Procurement Strategist The County does not bear the responsibility for proposals delivered to the Procurement Services Division 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) flash drives with one copy of the proposal on each disk in Word, Excel or PDF. List the Solicitation Number and Title on the outside of the box or envelope. 7. Validity of Proposals No proposal can be withdrawn after it is filed unless the Vendor makes their request in writing to the County prior to the time set for the closing of Proposals. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process. 8. Method of Source Selection The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 2013-69 establishing and adopting the Collier County Procurement Ordinance. 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 Procurement Services Division 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 16-6596 RFP_Non_CCNATemplate_008012016 23 proposals, and establish the next selection committee meeting date and time. After the first meeting, the Procurement professional will publically announce all subsequent 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. 16-6596 RFP_Non_CCNATemplate_008012016 24 10. References The County reserves the right to contact any and all references pertaining to this solicitation and related proposal. 11. Proposal Selection Committee and Evaluation Factors The County Manager shall appoint a Selection Committee to review all proposals submitted. The factors to be considered in the evaluation of proposal responses are listed below. Tab II, Business Plan 10 Points Tab III, Project Approach 20 Points Tab IV, Cost of Services 25 Points Tab V, Experience, Capacity and Expertise of Team Members Tab VI, Team Members Specialized Expertise 15 Points 15 Points Tab VI, References 5 Points Tab VII 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. 16-6596 RFP_Non_CCNATemplate_008012016 25 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. 16-6596 RFP_Non_CCNATemplate_008012016 26 5. Time Is Of the Essence 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). 16-6596 RFP_Non_CCNATemplate_008012016 27 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 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 16-6596 RFP_Non_CCNATemplate_008012016 28 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 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. 16-6596 RFP_Non_CCNATemplate_008012016 29 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 16-6596 RFP_Non_CCNATemplate_008012016 30 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 Procurement Ordinance. 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 16-6596 RFP_Non_CCNATemplate_008012016 31 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. 16-6596 RFP_Non_CCNATemplate_008012016 32 • Standard – payment by purchasing card. Collier County’s Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County’s credit card for transactions relating to this solicitation. The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an “Additional Cash Discount.” Upon execution of the Contract and completion of each month’s work, payment requests may be submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices should be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized by the Project Manager. Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of “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. 16-6596 RFP_Non_CCNATemplate_008012016 33 All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 9. Licenses The Vendor is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Vendor to submit the required documentation may be grounds to deem Vendor non-responsive. A Vendor, with an office within Collier County is also required to have an occupational license. All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain “active” in Collier County. If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required occupational licenses, please contact the Tax Collector’s Office at (239) 252- 2477. 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 Contractor be found to have failed to perform 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. In the event that the award of this solicitation is made by the Procurement Services Director, the award and any resultant purchase orders may be terminated at any time by the County upon thirty (30) days written notice to the awarded vendor(s) pursuant to the Board’s Procurement Ordinance. 16-6596 RFP_Non_CCNATemplate_008012016 34 13. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a Proposal. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this Proposal, with the exception of the Procurement Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. 14. Public Records Compliance Florida Public Records Law Chapter 119, including specifically those contractual requirements in 119.0701(2)(a)-(b) as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. 15. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) 16-6596 RFP_Non_CCNATemplate_008012016 35 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 Purchase Orders: The Contractor agrees that any Purchase Order that extends beyond the expiration date of the original Solicitation 16-6596 will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this 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 Procurement 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 Procurement Services Division on Wednesdays and Thursdays. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Procurement Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Procurement Director. 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 16-6596 RFP_Non_CCNATemplate_008012016 36 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 The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division 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. All of Contractor’s employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor’s business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the vendor is responsible for all costs. 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. 16-6596 RFP_Non_CCNATemplate_008012016 37 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. 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 Procurement Services Division 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- 16-6596 RFP_Non_CCNATemplate_008012016 38 permanent structure such as a construction trailer, storage shed, or other non-permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. Under this solicitation proposers desiring to receive local preference will be invited and required to affirmatively state and provide docum entation as set f orth in the solicitation in suppor t of their status as a local business. Any proposer who fails to submit sufficient documentation with their proposal offer shall not be granted local preference consideration for the purposes of that specific contract award. Except where federal or state law, or any other funding source, mandates to the contrary, Collier County and its agencies and instrum entalities, will give preference to local businesses in the following manner. For all purchases of comm odities and services procured through a competitive proposal process and not otherwise exempt from this local preference section, the solicitation shall include a weighted criterion for local preference that equals 10 percent of the total points in the evaluation criteria published in the solicitation. Purchases of professional services as def ined 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. 16-6596 RFP_Non_CCNATemplate_008012016 39 Attachment 1: Vendor’s Non-Response Statement The sole intent of the Collier County Procurement Services Division 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, Procurement Services Division, 3327 Tamiami Trail E, Naples, FL 34112. We are not responding to Solicitation 16-6596 Safety, Security Access Infrastructure 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 ____________ 16-6596 RFP_Non_CCNATemplate_008012016 40 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 Procurement Services Division 3327 Tamiami Trail E Naples FL 34112 Attn: Rhonda Burns, FCCN, CPPB, Procurement Strategist The mailing envelope must be sealed and marked with Solicitation 16-6596 Safety, Security and Access Infrastructure Programs and Equipment and October 10, 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 ______________ 16-6596 RFP_Non_CCNATemplate_008012016 41 Attachment 3: Conflict of Interest Affidavit The Consultant certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with: 16-6596 does not pose an organizational conflict as described by one of the three categories below: Biased ground rules – The firm has not set the “ground rules” for affiliated past or current Collier County project identified above (e.g., writing a procurement’s statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity – The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor’s ability to render impartial advice to the government. Unequal access to information – The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor / consultant must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the “sunshine”) or through non-public (not in the “sunshine”) conversation (s), meeting(s), document(s) and/or other means. 3. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. 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 Commission Expiration 16-6596 RFP_Non_CCNATemplate_008012016 42 Attachment 4: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: Solicitation: 16-6596 Safety, Security and Access Infrastructure Programs and Equipment Dear Commissioners: The undersigned, as Contractor 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 Contractor agrees, if this proposal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the proposal pertains. The Consultant states that the proposal is based upon the proposal documents listed by the above referenced Solicitation 16-6596 Safety, Security and Access Infrastructure Programs and Equipment. (Proposal Continued on Next Page) 16-6596 RFP_Non_CCNATemplate_008012016 43 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 _________________________________ 16-6596 RFP_Non_CCNATemplate_008012016 44 Attachment 5: Affidavit for Claiming Status as a Local Business Solicitation: 16-6596 Safety, Security and Access Infrastructure Programs and Equipment (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 Procurement Ordinance of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Procurement Ordinance: 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) 16-6596 RFP_Non_CCNATemplate_008012016 45 Attachment 6: Immigration Affidavit Certification Solicitation: 16-6596 Safety, Security and Access Infrastructure Programs and Equipment This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB’s) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor’s/bidder’s proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program, may deem the Vendor / Bidder’s proposal as non-responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act (“INA”). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor’s / Bidder’s proposal. Company Name ____________________________________________________________________ Print Name Title _______________________ Signature Date _______________________ State of ___________________ County of _________________ The foregoing instrument was signed and acknowledged before me this ______day of ________________, 20___, by _______________________________ who has produced _____________________________ as identification. (Print or Type Name) (Type of Identification and Number) _____________________________________ Notary Public Signature _____________________________________ 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. 16-6596 RFP_Non_CCNATemplate_008012016 46 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 yo ur 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 security number prior to an award of the contract.) 4. Sign and Date Form Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. Signature ___________________________________________________________ Date _________________________________ Title _______________________________________________________________ Phone Number ________________________ 16-6596 RFP_Non_CCNATemplate_008012016 47 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 $1,000,000 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 Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability 4. Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys’ fees and paralegals’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. Automobile Liability $ 1,000,000 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 Technology Errors & Omissions $ 1,000,000 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 • $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 9/7/2016 ______________________________________________________________________________________________ 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 _________________________________________________________________________ 16-6596 RFP_Non_CCNATemplate_008012016 49 Insurance Agency _________________________________________________________________________ Agent Name _______________________________________ Telephone Number _________________ Attachment 9: Reference Questionnaire Solicitation: 16-6596 Safety, Security and Access Infrastructure Programs and Equipment 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 would 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 adapt to changing workload(s) and priorities. 2 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 3 Ability to maintain project schedule (complete on-time or early). 4 Ability to provide innovative and creative solutions to meet customer's needs. 5 Ability to manage risks, unexpected project circumstances, and minimize change orders to scope. 6 Problem solving capability and technical expertise. 7 Professionalism and ability to manage personnel. 8 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 9 Quality of work product (craftsmanship). 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS 16-6596 RFP_Non_CCNATemplate_008012016 50 Please FAX this completed survey to: _______________________________________ By ________________ 16-6596 RFP_Non_CCNATemplate_008012016 51 Date: February 13, 2017 CO&W r COUnty Achinistalive Services DepartTwft Prwurernem Ser leas Division Notice of Recommended Award Solicitation: 16-6596 Title: Safety, Security and Access Infrastructure Programs and Equipment Due Date and Time: October 10, 2016; 2.30pm Respondents: Company Name City County State Bid Amount Responsive/Responsible Commercial Electrical Sarasota Systems, Co Sarasota FL See Negotiated prices- attached Y/Y Johnson Controls, Inc. --Tampa Hillsborough Fl See Negotiated prices- attached Y/Y I -T- Utilized )cal Vendor Preference: Yes F—] No = I Recommended Vendor(s) For Award: Award to multiple firms: Johnson Controls, Inc. and Commercial Electrical Systems, Co, quotes will be requested from all awarded firms. Required Signatures Manager. Miguel Carballo Procurement Strategist., Rhonda Burns P e t S;�rvjj;es �Dlror: pctK, )n '1Edward F, Coyman Jr. 0 THIS AGREEMENT, made and entered into on this day of 2017, by and between Johnson Controls, Inc., authorized to do business in the State of Florida, whose business address is 3802 Sugar Palm Dr., Tampa, Florida 33619, (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): 1. AGREEMENT TERM. The Agreement shall be for a one (1) year period, commencing on Date of Board award and terminating (1) year from that date or until all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a Purchase Order from the County. 3. STATEMENT OF WORK. The Contractor shall provide Safety, Security and Access Infrastructure Programs and Equipment Services, in accordance with the terms and conditions of RFP # 16-6596, Exhibit A — Scope of Work, and the Contractor's proposal referred to herein and made an integral part of this Agreement. For all services under this Agreement, the County will quote out the work to all awarded Contractors, in accordance with Exhibit A — Scope of Work, attached hereto. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. Page 1 of 14 RFP 16-6596 Safety Security and Access Infrastructure Programs and Equipment Johnson Controls, Inc. AGREEMENT4. THE - County time and materials Work pursuant to Exhibit B- Fee Schedule," attached hereto, and as further defined in Section Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager or designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act." - M1 IT.Tq M E • Time andMaterials: 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. 4.2 Any County agency may obtain products and services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Work. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C-2. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Johnson Controls, Inc. 3802 Sugar Palm Dr. 33619 Attention: Stephen Telo, General Manager Telephone:1 Facsimile: (813) 635-2276 Stephen. p.telo@jci.com Page 2 of 14 RFP 16-6596 Safety Security and Access Infrastructure Programs and Equipment Johnson Controls, Inc. All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: d of County Commissioners for Collier Floridac/o Facilities Management Division 3335 Tamiami Trail East Director, 34112 Telephone: (239) 252-7453 Attention: Dennis Linguidi, -Management The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors/Subconsultants. Payment for all such permits issued by the County shall be processed internally by the County. All non -County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. Page 3 of 14 RFP 16-6596 Safety Security and Access Infrastructure Programs and Equipment Johnson Controls, Inc. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement 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. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. D. Technology Errors & Omissions Liability: Shall be maintained by the Contractor to ensure its legal liability for claims arising out of the performance of technology errors and omissions under this Agreement. Contractor waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $1,000,000 per occurrence. Special Requirements: Collier County Board of County Commissioners, Board of County Commissioners III 1100i0ners in Collier County, or County Collier r'_nxinrnment shall ha liefarl I Y as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County ten (10) days prior to any expiration Page 4 of 14 RFP 16-6596 Safety Security and Access Infrastructure Programs and Equipment Johnson Controls, Inc. date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: ten (10) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Management Division. 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), Exhibit A -Scope of Work, Exhibit B- Fee Schedule and RFP #16-6596. Page 5 of 14 RFP 16-6596 Safety Security and Access Infrastructure Programs and Equipment Johnson Controls, Inc. 17. SUBJECT TO APPROPRIATION. It is further understood and agreed by and betwedle the parties herein that this Agreement is subject to appropriation by the Board of Coun Commissioners. 18. 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 111, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 19. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a) -(b) as stated as follows: QUESTIONSIF THE CONTRACTOR HAS -D APPLICATION OF - - 119, FLORIDATO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS TO THIS CONTRACT,• • OF RECORDS Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples,• Telephone:• The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. Page 6 of 14 RFP 16-6596 Safety Security and Access Infrastructure Programs and Equipment Johnson Controls, Inc. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. . Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 20. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful proposer. 21. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 22. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 23. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation Page 7 of 14 RFP 16-6596 Safety Security and Access Infrastructure Programs and Equipment Johnson Controls, Inc. . , underas required hereunder, the other party may obtain a court order requiring mediation section 4i 24. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 25. AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor's shall assign as many people as necessary to complete the required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the project manager's schedule. 26. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the RFP, the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. 27. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 28. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division 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. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@collier og v.net) whenever an employee assigned to Page 8 of 14 RFP 16-6596 Safety Security and Access Infrastructure Programs and Equipment Johnson Controls, Inc. Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the Agreement. If there are additional fees for this process, the Contractor is responsible for all costs. Page 9 of 14 RFP 16-6596 Safety Security and Access Infrastructure Programs and Equipment Johnson Controls, Inc. IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk of Courts Dated: (SEAL) Firs Witness r CIO TTy elprint witness nameT econd Witness TType/p ri n -f witness nameT Approved as to Form and Legality: Assistant County Attorney Print Name IS Penny Taylor, Chairman Johnson Controls, Inc. Contractor Page 10 of 14 - RFP 16-6596 Safety Security and Access Infrastructure Programs and Equipment.' Johnson Controls, Inc. Exhibit A -Scope of Work It is the intent of the County that the safety, security and access infrastructure systems experience minimal down time. While the County intends to use the Contractors awarded, the County reserves the right at any time to use the awarded Contractors for the services described, or to request additional quotes or bids from other Contractors [per the Board's Procurement Ordinance]. It is the intent of the County to solicit quotes from all awarded Contractors under this Agreement for all work / projects. All awardees will be required to respond to the request for quote and a reason if their response is `no quote'. A `no quote' shall be considered a quote for purposes of obtaining all quotes. The County reserves the right to select one, or more than one Contractor, for a single service, or for multiple services. If one of the Contractors consistently does not perform their assigned responsibilities, the County Representative or designee retains the right and authority to reassign work to one of the other Contractors awarded so as not to leave the equipment vulnerable or in disrepair. The Contractor shall use qualified technicians/installers and the County expects that the awarded Contractors will provide a minimum of three (3) technicians / installers assigned to this account, to provide labor, supervision, equipment, and materials necessary to perform the safety, security, and access services all in accordance with the requirements specified in the RFP #16-6596. Hourly time will be paid only for actual time at the worksite. Travel time will not be an allowable item. Should the equipment purchased and installed by the awarded Contractors of this Agreement require integration services with the County's proprietary P2000 or Metasys systems, the County reserves the right to engage those integration services through a separate contract with Johnson Controls, Inc. The Contractor may also be required to conform to the County's Work Management procedures, such as utilizing work order forms, or future online work order system, at no additional cost to the County. The Contractor will be responsible for utilizing any systems used by the County for work orders for Divisions utilizing this Agreement. The Contractor must provide requested certifications and licenses necessary to perform the services outlined in the RFP #16-6596 specifications. The Contractor(s) shall: All proposals and work must meet or exceed the standards set forth in the Collier County Vertical Construction Standards and Collier County IT Construction Standards unless specifically exempted in writing by Facilities Management Division Representative or designee. The latest Standards are located at the following website: http://www.colliergov,net/your- overnment/divisions-f-r/facilities-mane ement/vertical-construction-standards. The Standards are considered to be "living documents" and the awarded contractor(s) shall review and reference the latest version when proposing work. Failure to comply with these Standards will result in the out -of -compliance work being remediated by the responsible contractor(s) at no additional cost to the County and a daily fine of one hundred and fifty ($150) at the determination of the County Representative or designee. The awarded Contractors equipment, labor, materials, and services include, but are not limited to: Page 11 of 14 RFP 16-6596 Safety Security and Access Infrastructure Programs and Equipment Johnson Controls, Inc. a. Provide equipment (all types) including but not limited to: surveillance, camera (CCTV, IP, etc), computer and television monitors, digital video recorders, network video recorders, access monitoring systems, access control systems, facial recognition and other analytic equipment, intrusion systems, x-ray hardware, software programs, UPS monitoring systems, emergency call boxes, intercom systems, touch screen systems, wireless systems, access card printer and supplies, ID badge systems, perimeter security systems (including but not limited to electronics, fences, gates, barricades, stanchions, bollards, and other equipment associated with perimeter access control systems), package inspection monitoring systems, air quality monitoring equipment, magnetometers and like systems, door and door hardware (including keys, gates, fencing, fencing hardware), people and package detection equipment, communication equipment, radio equipment, patrol systems, key control systems, biometric systems, panic alarm systems, indoor air quality systems, artificial intelligence systems, burglar / intrusion systems, weather systems, UPS systems, and any other similar devices that prevent safety, security and access breeches, and assist with the maintenance of safety for people and facilities. b. Provide installation and construction services for all of the equipment identified above as directed by the County Representative or designee, and for areas such as security stations, lobbies, kiosks, etc. Construction services include, but are not limited to project management, design, construction, permitting, furniture, special ballistics -rated and non- rated materials, preventive maintenance, repairs, and refurbishment. c. Provide security consultation services for all of the equipment identified above, and new / emerging technology, as directed by County Representative or designee. d. Provide security monitoring services for all of the equipment identified above, and new / emerging technology, as directed by County Representative or designee. 2. Provide a single point of contact for the County for all work performed under this Agreement. 3. Respond to emergencies, as declared by County Representative or designee, in three (3) hours or less. "Respond to emergencies" is defined as "onsite and physically/actively working" on the issue provided by the County Representative or designee. 4. Respond to non -emergencies, as declared by the County Representative or designee, within one (1) business day, unless otherwise agreed to by the County Representative or designee. 5. Comply with the following Proposal/Quote Requirements: The three types of services required are: Regular Work: The County Representative or designee will provide a scope of work to be performed to the all Contractors and request that a "time and materials" quote be provided. The County expects that for regular work, the Contractor provides a price quote within a reasonable amount of time (one to two business days) from the point of initial contact. Once a purchase order is issued, the County expects that the work would commence within two (2) business days, unless otherwise directed by the County Representative or designee. In the event that the Contractor does not fulfill these requirements, the County reserves the right to contact other Contractor(s) to perform the scope of work. • Proiect Work: The County Representative or designee will provide a scope of work to be performed to all Contractors and request that a "time and materials" quote be provided. The County expects that for project work, the Contractor provides a price quote within a reasonable amount of time (seven (7) business days) from the point of initial contact. Once a purchase order is issued, the County Representative or designee would expect that the work would Page 12 of 14 RFP 16-6596 Safety Security and Access Infrastructure Programs and Equipment Johnson Controls, Inc. commence within five (5) business days, unless otherwise directed by the County Representative or designee. In the event that the Contractor does not fulfill these requirements, the County reserves the right to contact other Contractor(s) to perform the scope of work. Emergency Repair Work: The County Representative or designee will identify that the needed maintenance, repair, and/or replacement for the life, health, safety, or equipment/facility emergency and request that a quote be provided as soon as reasonably practicable. The County Representative or designee may direct the Contractor to commence work through a verbal direction; and a purchase order will be issued to the Contractor as soon as possible. The County Representative or designee, will be responsible to ensure equal distribution of Work is assigned between the awarded Contractors. Page 13 of 14 RFP 16-6596 Safety Security and Access Infrastructure Programs and Equipment Johnson Controls, Inc. Item Miscellaneous Vendor Positions Unit of Measure Unit Price 1 . Lead System Specialist Per hour $112.00 2. Project Manager Per hour $ 133.00 3. Site Supervisor Per hour $ 90.00 4. System Designer Per hour $ 90.00 5. System Engineer/ Security Service Tech Per hour $ 110.00 6. System Technician Per hour $ 70.00 7. Fire Inspector Per hour $ 70.00 Mark-up/Profit for use of Subcontractors 10% Mark-up/Profit percentage for parts, suppliers, or related items 25% Page 14 of 14 RFP 16-on9OSafety Security and Access Infrastructure Programs and Equipment _ Johnson Controls, Inc.. �� . Page 12 of 14 RFP #16-6596 Safety Security and Access Infrastructure Programs and Equipment Secondary Contractor, Commercial Electrical Systems, Co. a. Provide equipment (all types) including but not limited to: surveillance, camera (CCTV, IP, etc), computer and television monitors, digital video recorders, network video recorders, access monitoring systems, access control systems, facial recognition and other analytic equipment, intrusion systems, x-ray hardware, software programs, UPS monitoring systems, emergency call boxes, intercom systems, touch screen systems, wireless systems, access card printer and supplies, ID badge systems, perimeter security systems (including but not limited to electronics, fences, gates, barricades, stanchions, bollards, and other equipment associated with perimeter access control systems), package inspection monitoring systems, air quality monitoring equipment, magnetometers and like systems, door and door hardware (including keys, gates, fencing, fencing hardware), people and package detection equipment, communication equipment, radio equipment, patrol systems, key control systems, biometric systems, panic alarm systems, indoor air quality systems, artificial intelligence systems, burglar / intrusion systems, weather systems, UPS systems, and any other similar devices that prevent safety, security and access breeches, and assist with the maintenance of safety for people and facilities. b. Provide installation and construction services for all of the equipment identified above as directed by the County Representative or designee, and for areas such as security stations, lobbies, kiosks, etc. Construction services include, but are not limited to project management, design, construction, permitting, furniture, special ballistics-rated and non- rated materials, preventive maintenance, repairs, and refurbishment. c. Provide security consultation services for all of the equipment identified above, and new / emerging technology, as directed by County Representative or designee. d. Provide security monitoring services for all of the equipment identified above, and new / emerging technology, as directed by County Representative or designee. 2. Provide a single point of contact for the County for all work performed under this Agreement. 3. Respond to emergencies, as declared by County Representative or designee, in three (3) hours or less. “Respond to emergencies” is defined as “onsite and physically/actively working” on the issue provided by the County Representative or designee. 4. Respond to non-emergencies, as declared by the County Representative or designee, within one (1) business day, unless otherwise agreed to by the County Representative or designee. 5. Comply with the following Proposal/Quote Requirements: The three types of services required are: • Regular Work: The County Representative or designee will provide a scope of work to be performed to the all Contractors and request that a “time and materials” quote be provided. The County expects that for regular work, the Contractor provides a price quote within a reasonable amount of time (one to two business days) from the point of initial contact. Once a purchase order is issued, the County expects that the work would commence within two (2) business days, unless otherwise directed by the County Representative or designee. In the event that the Contractor does not fulfill these requirements, the County reserves the right to contact other Contractor(s) to perform the scope of work. • Project Work: The County Representative or designee will provide a scope of work to be performed to all Contractors and request that a “time and materials” quote be provided. The County expects that for project work, the Contractor provides a price quote within a reasonable amount of time (seven (7) business days) from the point of initial contact. Once a purchase order is issued, the County Representative or designee would expect that the work would