Agenda 10/24/2017 Item #16D 810/24/2017
EXECUTIVE SUMMARY
Recommendation to award RFP #17-7152 Pickleball Program Operations Management
Concessionaire to Pickleball Enterprises, LLC and authorize the Chairman to execute the County
Attorney approved contract.
OBJECTIVE: To provide concession services and comprehensive management of the Parks and
Recreation Pickleball facility at East Naples Community Park (ENCP).
CONSIDERATIONS: The Parks and Recreation Division, through the Procurement Services Division
issued a Request for Proposals for the comprehensive management of concessionaire services at East
Naples Community Park (ENCP), including but not limited to: mixers, ladders, leagues, and tournaments;
instructional programs such as clinics, group instruction, private instruction, and academies; rentals such
as courts, and Pickleball sports equipment; membership program; and pro shop sales which may include
equipment, clothing, beverages, and snacks.
On May 3, 2017, the Procurement Services Division released a Request for Proposal No. 17-7152 to 105
vendors for Parks and Recreation Pickleball Program Operations Management Concessionaire. Thirty-one
(31) packages were downloaded, and two (2) proposals were received on June 2, 2017, from ABC
Finance LLC and Pickleball Enterprises LLC. The selection committee met on June 12, 2017, and by
consensus, the committee ranked the proposals submitted and recommends Pickleball Enterprises, LLC.
Upon further review of the proposer's references, both proposers were found to have insufficient credible
references. On June 22, 2017, the committee was reconvened to review the lack of references and re-score. By
consensus, the selection committee reached the same outcome and recommended the award to Pickleball
Enterprises, LLC. The award term is for three (3) years with two (2) one-year renewal options.
FISCAL IMPACT: Pickleball Enterprises is providing a revenue sharing plan of a firm fixed monthly
concession commission of 15% off of gross revenues (to be renegotiated after the first year) or no less
than nine hundred ($900) per month. In addition, the Concessionaire shall pay one hundred ($100.00) per
month for utility fee. Revenue is budgeted in individual cost centers within the Parks and Recreation
Division MSTD General Fund (111) budget.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for approval. - CMG
RECOMMENDATION: That the Board of County Commissioners awards RPF #17-7152 to Pickleball
Enterprises, LLC and authorizes the Chairman to execute the County Attorney approved the contract.
PREPARED BY: Matt Catoe, Operations Analyst, Parks and Recreation Division
ATTACHMENT(S)
1. 17-7152 Final Rank (PDF)
2. 17-7152 NORA (PDF)
3. 17-7152 Score sheets (PDF)
4. 17-7152 SelectionCommittee_Ltr (PDF)
5. Exhibit A Solicitation (PDF)
16.D.8
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10/24/2017
6. [Linked] Exhibit B Concessionaire's Proposal (PDF)
7. 17-7152 Parks and Rec Pickleball Concessionaire_Agreement_Vendor Signed (PDF)
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10/24/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.8
Doc ID: 3890
Item Summary: Recommendation to award RFP #17-7152 Pickleball Program Operations
Management Concessionaire to Pickleball Enterprises, LLC and authorize the Chairman to execute the
County Attorney approved contract.
Meeting Date: 10/24/2017
Prepared by:
Title: Operations Analyst – Parks & Recreation
Name: Matthew Catoe
10/05/2017 3:02 PM
Submitted by:
Title: Division Director - Parks & Recreation – Parks & Recreation
Name: Barry Williams
10/05/2017 3:02 PM
Approved By:
Review:
Public Services Department Todd Henry Additional Reviewer Skipped 10/05/2017 3:07 PM
Parks & Recreation Ilonka Washburn Additional Reviewer Completed 10/05/2017 3:26 PM
Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 10/05/2017 3:37 PM
Parks & Recreation Barry Williams Additional Reviewer Completed 10/09/2017 8:17 AM
Operations & Veteran Services Sean Callahan Additional Reviewer Completed 10/09/2017 9:19 AM
Procurement Services Viviana Giarimoustas Additional Reviewer Completed 10/10/2017 8:58 AM
Procurement Services Ted Coyman Additional Reviewer Completed 10/10/2017 10:29 AM
Procurement Services Swainson Hall Additional Reviewer Completed 10/10/2017 2:41 PM
Procurement Services Sandra Herrera Additional Reviewer Completed 10/11/2017 12:56 PM
Public Services Department Todd Henry Level 1 Division Reviewer Completed 10/11/2017 1:26 PM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 10/11/2017 5:23 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/12/2017 9:22 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/12/2017 11:27 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 10/12/2017 12:50 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/16/2017 7:46 AM
Board of County Commissioners MaryJo Brock Meeting Pending 10/24/2017 9:00 AM
16.D.8
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Selection CommitteeFinal Ranking SheetRFP #: 17-7152Title: Parks and Recreation PickleballName of Firm Kathy Catherine Brandy Ed Dan TotalSelection CommitteeFinal Rank Step 1: Upon direction by the Procurement professional, the individual selection committee member should provide their ranking of the proposals (from highest being number one (1) to lowest. Step 2: The procurement professional will review the mathematically calculated final rank and discuss the rank order and determine if consensus is reached.Page 1 of 1ABC Finance LLC70 75 72 76 733662Pickleball Enterprises LLC90 77 89 90 774231Procurement Professional Viviana GiarimoustasPage 1 of 116.D.8.aPacket Pg. 656Attachment: 17-7152 Final Rank (3890 : Pickleball Program Operations Management Concessionaire)
16.D.8.bPacket Pg. 657Attachment: 17-7152 NORA (3890 : Pickleball Program Operations Management Concessionaire)
16.D.8.cPacket Pg. 658Attachment: 17-7152 Score sheets (3890 : Pickleball Program Operations Management Concessionaire)
16.D.8.cPacket Pg. 659Attachment: 17-7152 Score sheets (3890 : Pickleball Program Operations Management Concessionaire)
16.D.8.cPacket Pg. 660Attachment: 17-7152 Score sheets (3890 : Pickleball Program Operations Management Concessionaire)
16.D.8.cPacket Pg. 661Attachment: 17-7152 Score sheets (3890 : Pickleball Program Operations Management Concessionaire)
16.D.8.cPacket Pg. 662Attachment: 17-7152 Score sheets (3890 : Pickleball Program Operations Management Concessionaire)
16.D.8.dPacket Pg. 663Attachment: 17-7152 SelectionCommittee_Ltr (3890 : Pickleball Program Operations Management Concessionaire)
REQUEST FOR PROPOSAL
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Solicitation 17-7152 Parks and Recreation Pickleball Program
Operations Management Concessionaire
Viviana Giarimoustas
Procurement Strategist
239-252-8375 (Telephone)
VivianaGiarimoustas@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.
Our new address is 3295 Tamiami Trail East, Naples Florida 34112
Exhibit A 16.D.8.e
Packet Pg. 664 Attachment: Exhibit A Solicitation (3890 : Pickleball Program Operations Management Concessionaire)
Table of Contents
LEGAL NOTICE .................................................................................................................................................................. 3
EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT ........................................................................... 4
EXHIBIT II: GENERAL RFP INSTRUCTIONS .........................................................................................................................10
EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS ....................................................................13
EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP...........................................................................................16
ATTACHMENT 1: VENDOR’S NON-RESPONSE STATEMENT ...............................................................................................26
ATTACHMENT 2: VENDOR CHECK LIST .............................................................................................................................27
ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT ........................................................................................................28
ATTACHMENT 4: VENDOR DECLARATION STATEMENT ....................................................................................................29
ATTACHMENT 5: AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS ....................................................................31
ATTACHMENT 6: IMMIGRATION AFFIDAVIT CERTIFICATION ...........................................................................................32
ATTACHMENT 7: VENDOR SUBSTITUTE W – 9 .................................................................................................................33
ATTACHMENT 8: INSURANCE AND BONDING REQUIREMENTS ........................................................................................34
ATTACHMENT 9: REFERENCE QUESTIONNAIRE ................................................................................................................36
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Packet Pg. 665 Attachment: Exhibit A Solicitation (3890 : Pickleball Program Operations Management Concessionaire)
Legal Notice
Electronic Proposals to provide 17-7152 Parks and Recreation Pickleball Program Operations
Management Concessionaire will be received until 10:00 AM Naples local time, on June 2, 2017.
Solicitation
17-7152 Parks and Recreation Pickleball Program Operations Management Concessionaire
Services to be provided may include, but not be limited to the following: recreational programs as well as food
and beverage concession.
A non-mandatory pre-proposal conference will be held on May 22, 2017, commencing promptly at
8:30 AM, and will be held in the East Naples Community Park, 3500 Thomasson Drive, 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/ Edward F. Coyman, Jr.
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, Collier
County Government Center on May 3, 2017.
Our new address is 3295 Tamiami Trail East, Naples Florida 34112
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16.D.8.e
Packet Pg. 666 Attachment: Exhibit A Solicitation (3890 : Pickleball Program Operations Management Concessionaire)
Exhibit I: Scope of Work, Specifications and Response Format
As requested by the Collier County Parks and Recreation Division (hereinafter, the “Division or
Department”), the Collier County Board of County Commissioners Procurement Services Division
(hereinafter, “County”) has issued this Request for Proposal (hereinafter, “RFP”) with the intent of
obtaining proposals from interested and qualified Consultants in accordance with the terms,
conditions and specifications stated or attached. The Consultant, at a minimum, must achieve the
requirements of the Specifications or Scope of Work stated.
The results of this solicitation may be used by other County departments once awarded according to
the Board of County Commissioners Procurement Ordinance, as amended.
Brief Description of Purchase
The County is seeking proposals from vendors for the comprehensive management of the Parks and
Recreation Pickleball facility at East Naples Community Park. The proposer should provide
recreational programs such as mixers, ladders, leagues, and tournaments; instructional programs
such as clinics, group instruction, private instruction, and academies; rentals such as courts, and
Pickleball sports equipment; membership program; and pro shop sales which may include equipment,
clothing, beverages, and snacks; and any other similar services that the Concessionaire wishes to
propose which align with the Collier County Parks and Recreation mission to benefit the well-being of
the people, community and environment of Collier County.
Background
East Naples Community Park is a hub for the Pickleball sport in Naples, Florida. This facility provides
a one-of-a-kind Pickleball experience, with 44 courts. The park is open from 8:00 AM to 10:00 PM.
Currently, the Division is managing Pickleball programs at East Naples Community Park without a
concessionaire. Aside from the Pickleball facilities; the awarded concessionaire will also have rights
to a facility measured at approximately 33 feet x 24 feet at the East Naples Community Park. Any
improvements to the existing facilities must be approved in writing by the Collier County Parks and
Recreation Director or his/her designee. All structures and improvements shall become the property
of Collier County at the end of the Agreement. Any improvements made for the benefit of the
Concessionaire shall be paid for by the Concessionaire.
The highest volume of activity and sales may occur during the seasonal / tourist months of November
– April; it is the expectation of the awarded concessionaire that service will operate year round except
when conflicting with the US Open Pickleball Agreement (Exhibit A). Exhibit A will supersede any
contractual Agreement with the awarded concessionaire unless otherwise approved by the Parks and
Recreation Division Director in writing.
The Concessionaire shall not conduct any other business on County property without specific written
authority of the Board of County Commissioners.
Detailed Scope of Work
The successful proposer is responsible for providing the following as noted below:
1. Hours of Operation: During the term of this Agreement programs and concession will be
adequately staffed on days and times approved by the Parks and Recreation Director or his/her
designee. Days and hours will be posted and any changes from posted hours will be communicated
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within seven (7) days of the change. The operation should continue throughout the year including
applicable holidays. Proposers are encouraged to provide any additional operational options for
consideration.
2. Concession Operation: Staff, operations, and equipment to perform the operation of the services.
3. Equipment: All equipment required to operate the Pickleball program (with the exception of the
facilities) is at the Concessionaire’s expense. The Concessionaire may use County equipment,
furnishings and fixtures that are presently used in conjunction with the operations after approval by
the Division Director or designee. At East Naples Community Park, there is currently a modular that
is available for the concessionaire to provide services. Any equipment that is lost, stolen or damaged
shall be replaced or repaired at the expense of the Concessionaire; ordinary wear and tear is
expected. Upon the expiration of the Agreement, the Concessionaire shall deliver said inventory to
the County.
4. Zoning and Permitting Requirements: The successful concessionaire is responsible for any future
costs, and submittals, for any zone or permit requirements.
5. Reports: A monthly report of activities with information directly from the Point of Sale system must
be submitted to the Parks and Recreation Division by the fifteenth (15th) day of each month. This
report can be in the form developed by the Concessionaire and approved by the Director of Parks and
Recreation or his authorized representative. The report, at a minimum, shall include hours of
operation, daily attendance figures, weather conditions, etc. This report shall accompany the monthly
statement of gross revenues and will be subject to audit. A sample report can be found in Exhibit “B”
of this solicitation.
6. Commission: Remittance to the County of a minimum monthly ($900 exclusive of utility expenses)
guarantee and percentage of gross sales to be negotiated. Said commission is due to the County by
the fifteenth (15th) day of each month for the preceding month and said payment shall be
accompanied by a statement of gross receipts for the previous month. It is also understood that the
applicable Florida State Sales Use Tax on rental payments shall be added to the Concessionaire’s
rental payment and forwarded to the County as part of said payments. After one year, the
commission will be reviewed and renegotiated based on historical Point of Sale reports from the
vendor. It is the intent of the County that it is to receive the rental amount at net, free and clear of all
costs and charges arising from or relating to said demised premises.
7. Gross Receipts: The term "gross receipts" is understood to mean all income collected or accrued,
derived by the Concessionaire under the privileges granted by this Agreement or other document
entered into with the County, excluding amounts of any Federal, State or City sales tax, or other tax,
collected by the Concessionaire from customers and required by law to be remitted to the taxing
authority.
8. Auditing of Accounts: The Concessionaire will make available locally, books of account, financial
statements, tapes, point of sale reports or any other documentation deemed necessary to authorized
representatives of Collier County.
9. Employee Qualifications: Staffing, including a manager or responsible person that can speak to the
manager and make decisions overseeing the facility. Conduct of the employees of the
Concessionaire shall be subject to reasonable regulation by the Director of Parks and Recreation
Division or his designee. The Concessionaire shall employ people to work at this facility who are
professional, literate, neat, clean, well-groomed, courteous and wear a uniform of the awarded
company.
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16.D.8.e
Packet Pg. 668 Attachment: Exhibit A Solicitation (3890 : Pickleball Program Operations Management Concessionaire)
10. Point of Sale Equipment: A point-of-sale electronic cash machine or other electronic accounting
control equipment for the proper control of cash payments. Cash register tapes must be maintained
and made available upon demand during the entire term of the Agreement with Collier County. All
electronic cash equipment and accounting procedures must be approved in writing by Collier County.
A receipt must accompany all sales to the customer.
11. Operational Concepts: Operational concepts in writing to the Director of Parks and Recreation or
authorized representative. Concepts or changes to concepts must have the approval of the Director
of Parks and Recreation or their designee before proceeding on any alteration.
12. Maintenance and Repairs: Provide regular and routine daily, monthly, and yearly maintenance of
the facilities, designed to keep the premises and equipment in a good state of repair, free from
hazardous conditions and deterioration, thus providing for the comfort and safety of visitors and
patrons.
13. Security: Security measures which may be required to protect his/her area and his/her equipment,
materials and facilities.
14. Trash, Rubbish, and Garbage Removal: Provide for pickup and removal of all rubbish, trash, and
garbage including removal of trash from the concession area to the dumpster. The Concessionaire
agrees to perform daily removal of litter in the immediate exterior area within fifty (50) feet of the
concession modular located at the East Naples Community Park. The County will provide all
garbage, trash and rubbish receptacles within the confines of his area.
15. Assignment of Concession Agreement: The Concessionaire shall not, at any time during the
tenure of the Agreement, sublet any part of this Agreement or assign any portion or part of it, except
by virtue of written permission granted by the Board of County Commissioners.
16. Appearance of Premises: Provide a neat and orderly operation at all times and shall be solely
responsible for the necessary housekeeping on and around the park concession. Concessionaire
shall make available all areas under their control for examination at any time by the Director of Parks
and Recreation or authorized representative.
17. Public Use of Facilities: The attention of prospective proposers is directed to the fact that the
Concessionaire shall be responsible to the Director of Parks and Recreation Division for the
satisfactory and courteous operation of the program and concession. Although the County is offering
the awarded concessionaire exclusive rights to current Pickleball facilities and the modular
concession at East Naples Community Park; nothing in this Agreement shall preclude the County
from using the public areas for public and civic purposes as deemed necessary. Two tennis courts
must be made available to the public Monday - Friday from 7:00 – 9:00am and 12:00 – 9:00pm from
November through April except when tournaments are scheduled. Exhibit A (US Open Pickleball
Tournament Agreement) in this solicitation provides additional exclusivity exceptions.
18. Advertising and Signs: Provide, at the Concessionaire’s sole expense, required signs at all public
approaches to the facility. All signage, advertising, and posting shall be approved in writing by the
Director of Parks and Recreation or their authorized representative. Parks and Recreation staff will
remove unapproved signs.
19. Closure of Facilities - Loss of Equipment: If closure of the facilities or loss of equipment to some
but not all of the facilities or equipment are due to fire damage, flood, hurricane, civil disorder, strikes,
act of God, etc., the Concessionaire shall notify the County in writing within forty-eight (48) hours after
the commencement of such event, stating the cause or causes thereof. If Concessionaire fails to
provide the required notification, the Concessionaire will be deemed to have waived any right which
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Concessionaire may have had to request a pro-rated adjustment of monthly payments up to the time
the damage is repaired, or other circumstances return to normal as agreed upon in writing by
Concessionaire and Director of Parks and Recreation or his authorized representative.
20. Commencement of Operation: Open for business to the public no later than thirty (30) days after
the approval of the Contract by the Board of County Commissioners or until the Contract is entirely
executed whichever is first.
21. Fees: The fees shall be subject to reasonable regulation by the Director of Parks and Recreation
Division or his designee.
Term of Contract
The County’s intent is to negotiate an agreement with the number one ranked firm.
The contract term, if an award is made, is intended to be for three (3) years with two (2) one year
renewal options. Prices shall remain firm for the initial term of this contract.
Projected Solicitation Timetable
The following projected timetable should be used as a working guide for planning purposes only.
The County reserves the right to adjust this timetable as required during the course of the RFP
process.
Event Date
Issue Solicitation Notice 5/3/17
Last Date for Receipt of Written Questions 5/24/17, 1:00 PM,
Naples Local Time
Pre-solicitation meeting 5/22/17, 8:30 AM,
Naples Local Time
and Locations
Addendum Issued Resulting from Written Questions or Pre-
Proposal Conference
5/25/17
Solicitation Deadline Date and Time 6/2/17, 10:00 AM,
Naples Local Time
Anticipated Evaluation of Submittals 6/2/17 – 6/9/17
Anticipated Completion of Contract Negotiations 6/12/17 – 6/16/17
Anticipated Board of County Commissioner’s Contract
Approval Date
7/11/17
Response Format
The Vendor understands and agrees to abide by all of the RFP specifications, provisions, terms
and conditions of same, and all ordinances and policies of Collier County. The Vendor further
agrees that if it is awarded a contract, the work will be performed in accordance with the
provisions, terms and conditions of the contract.
To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the
guidelines set forth in this RFP.
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Packet Pg. 670 Attachment: Exhibit A Solicitation (3890 : Pickleball Program Operations Management Concessionaire)
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.
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 (10 points)
Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying
philosophy of the firm in providing the services stated herein. Include the name(s), telephone
number(s) and email(s) of the authorized contact person(s) concerning proposal. Submission
of a signed Proposal is Vendor's certification that the Vendor will accept any awards as a
result of this RFP.
2. Tab II, Business Plan (25 points)
In this tab, include:
• Description of community outreach to align with Collier County Parks and Recreation
mission to benefit the well-being of the people, community and environment of Collier
County.
• Description of the proposed leadership team, the role to be played by each member of the
team during the implementation of the project and throughout the contract life of the
project.
• Include a detailed plan of approach (including major tasks and sub-tasks).
• Food choices/menu, rental equipment, prices, etc.
• Provide details on the Concessionaire’s point of sale system.
• Provide detailed timeline for implementation of start-up of the concessionaire project.
• Include with the Business Plan or as an attachment, an example of the monthly report
provided with commission checks.
3. Tab III, Commission Plan (15 points)
The successful company will provide recreational programs, food service, beverage, and
miscellaneous sales operations for a monthly commission returned to the County. The vendor
will be required to submit monthly reports specific to the facility by the fifteenth (15th) day of the
following month. Included in the reports will be a written statement which contains a statement
similar to the following: “To the best of my knowledge, the monthly sales report and any
additional reports attached hereto are accurate and reflect the sales and commission owed to
the County.”
4. Tab IV, Offered Programs and Services (20 points)
In this tab, include:
• Description of proposed services
• Description of plan to manage and expand the Pickleball program.
• Description of the design concept of the program that will be implemented, including
colors, publicity, etc.
• No alcohol related products and/or advertisement.
5. Tab V, Staffing Experience (20 points)
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Proposers shall provide, in detail, their credentials in providing similar services and any
information which documents successful and reliable experience in past performance,
especially those performances related to the requirements of this Request for Proposal.
Include a description of the proposer’s business history and number of years in operation.
Vendor shall submit five (5) completed reference forms (Attachment 9) from clients whose
projects are of a similar nature to this solicitation as a part of their proposal.
The Selection Committee will review the vendor’s proposal to ensure consistency and
completion of all tasks in the RFP. The Selection Committee may, at their sole discretion,
contact references.
6. Tab Vl, Acceptance of Conditions
Indicate any exceptions to the general terms and conditions of the RFP, and to insurance
requirements or any other requirements listed in this RFP. If no exceptions are indicated in this
tabbed section, it will be understood that no exceptions to these documents will be considered
after the award, or if applicable, during negotiations. Exceptions taken by a Vendor may result
in evaluation point deduction(s) and/or exclusion of proposal for Selection Committee
consideration, depending on the extent of the exception(s). Such determination shall be at the
sole discretion of the County and Selection Committee.
7. Tab VIl, Required Form Submittals
• Attachment 2: Vendor Check List
• Attachment 3: Conflict of Interest Affidavit
• Attachment 4: Vendor Declaration Statement
• Attachment 5: Affidavit for Claiming Status as a Local Business
• Attachment 6: Immigration Affidavit Certification
• Attachment 7: Vendor Substitute W-9
• Attachment 8: Insurance and Bonding Requirements
• Attachment 9: Reference Questionnaire
• Other: i.e. signed addenda, licenses or certifications, promotional materials, etc.
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Packet Pg. 672 Attachment: Exhibit A Solicitation (3890 : Pickleball Program Operations Management Concessionaire)
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 uploaded on the County’s on line bidding system (www.colliergov.net/bid)
before 10:00 AM, Naples local time, on or before June 2, 2017.
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
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period of one hundred eighty (180) days from the submission date to accommodate evaluation
and selection process.
8. 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 closing date for the proposals, the Procurement professional will
conduct a preliminary review of the proposals received and review each proposal to
determine if it’s responsive to the requirements of the published RFP.
4. Selection committee meetings will be open to the public and the Procurement professional
will publicly post notice of such meeting(s) in the lobby of the Procurement Services
Division Building, County calendar and on the County’s Procurement Services Internet site.
Public meeting dates and times should be posted with at least three (3) days in advance
on the County’s website calendar.
5. 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. Committee members will individually 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. Although it is a tool, the signed form will become part of the final
procurement record.
6. At the scheduled selection meeting, the members will present their independent
conclusions and comments based on their reading and interpretation of the materials
presented to each other, and they may ask questions of one another
7. The Selection Committee reserves the right to hold oral presentations and establish a rank
order for presentations. In any of the selection committee meeting deliberations, by
consensus, members may request to invite firms in to clarify their proposals, ask for
additional information, present materials, interview, and 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.
8. 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. Once final
rank is completed by the Committee, the public will be permitted to provide comments
(limited to three (3) minutes).
9. After final consensus of the ranking, staff will subsequently enter into negotiations.
Recommendation of contract award 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.
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9. References
The County reserves the right to contact any and all references pertaining to this solicitation and
related proposal.
10. Proposal Selection Committee and Evaluation Factors
The County Manager shall appoint a Selection Committee to review all proposals submitted. The
factors to be considered in the evaluation of proposal responses are listed below.
Tab I, Cover Letter 10
Tab II, Business Plan 25
Tab III, Commission Plan 15
Tab IV, Offered Programs and Services 20
Tab V, Staffing Experience 20
Local Vendor Preference 10
TOTAL 100
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.
11. 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 the
second ranked firm or to re-advertise using the same or revised documentation, at its sole
discretion.
12. Reserved Rights
Collier County reserves its right in any solicitation to accept or reject any or all bids, proposals or
offers; to waive minor irregularities and technicalities; or to request resubmission. Also Collier
County reserves the right to accept all or any part of any bid, proposal, or offer, and to increase or
decrease quantities to meet the additional or reduced requirements of Collier County. Collier
County reserves its right to cancel, extend or modify any or all bids, proposals or offers; to award
to one or more vendors; to award all or part of a solicitation; and to award by individual line items
when it is deemed to be in the best interest of the County. Collier County reserves its right to reject
any sole response.
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Exhibit III: Collier County Purchase Order Terms and Conditions
1. Offer
This offer is subject to cancellation by the
COUNTY without notice if not accepted by
VENDOR within fourteen (14) days of issuance.
2. Acceptance and Confirmation
This Purchase Order (including all documents
attached to or referenced therein) constitutes the
entire agreement between the parties, unless
otherwise specifically noted by the COUNTY on
the face of this Purchase Order. Each delivery of
goods and/or services received by the COUNTY
from VENDOR shall be deemed to be upon the
terms and conditions contained in this Purchase
Order.
No additional terms may be added and Purchase
Order may not be changed except by written
instrument executed by the COUNTY. VENDOR is
deemed to be on notice that the COUNTY objects
to any additional or different terms and conditions
contained in any acknowledgment, invoice or other
communication from VENDOR, notwithstanding
the COUNTY’S acceptance or payment for any
delivery of goods and/or services, or any similar
act by VENDOR.
3. Inspection
All goods and/or services delivered hereunder shall
be received subject to the COUNTY’S inspection
and approval and payment therefore shall not
constitute acceptance. All payments are subject to
adjustment for shortage or rejection. All defective
or nonconforming goods will be returned pursuant
to VENDOR'S instruction at VENDOR’S expense.
To the extent that a purchase order requires a
series of performances by VENDOR, the COUNTY
prospectively reserves the right to cancel the entire
remainder of the Purchase Order if goods and/or
services provided early in the term of the Purchase
Order are non-conforming or otherwise rejected by
the COUNTY.
4. Shipping and Invoices
a) All goods are FOB destination and must be
suitably packed and prepared to secure the
lowest transportation rates and to comply with
all carrier regulations. Risk of loss of any
goods sold hereunder shall transfer to the
COUNTY at the time and place of delivery;
provided that risk of loss prior to actual receipt
of the goods by the COUNTY nonetheless
remain with VENDOR.
b) No charges will be paid by the COUNTY for
packing, crating or cartage unless otherwise
specifically stated in this Purchase Order.
Unless otherwise provided in Purchase Order,
no invoices shall be issued nor payments
made prior to delivery. Unless freight and
other charges are itemized, any discount will
be taken on the full amount of invoice.
c) All shipments of goods scheduled on the same
day via the same route must be consolidated.
Each shipping container must be consecutively
numbered and marked to show this Purchase
Order number. The container and Purchase
Order numbers must be indicated on bill of
lading. Packing slips must show Purchase
Order number and must be included on each
package of less than container load (LCL)
shipments and/or with each car load of
equipment. The COUNTY reserves the right to
refuse or return any shipment or equipment at
VENDOR’S expense that is not marked with
Purchase Order numbers. VENDOR agrees
to declare to the carrier the value of any
shipment made under this Purchase Order and
the full invoice value of such shipment.
d) All invoices must contain the Purchase Order
number and any other specific information as
identified on the Purchase Order. Discounts of
prompt payment will be computed from the
date of receipt of goods or from date of receipt
of invoices, whichever is later. Payment will be
made upon receipt of a proper invoice and in
compliance with Chapter 218, Fla. Stats.,
otherwise known as the “Local Government
Prompt Payment Act,” and, pursuant to the
Board of County Commissioners Purchasing
Policy.
5. Time Is Of the Essence
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
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delivery schedules within the general scope of this
Purchase Order. Should any such change
increase or decrease the cost of, or the time
required for performance of the Purchase Order,
an equitable adjustment in the price and/or delivery
schedule will be negotiated by the COUNTY and
VENDOR. Notwithstanding the foregoing,
VENDOR has an affirmative obligation to give
notice if the changes will decrease costs. Any
claims for adjustment by VENDOR must be made
within thirty (30) days from the date the change is
ordered or within such additional period of time as
may be agreed upon by the parties.
7. Warranties
VENDOR expressly warrants that the goods and/or
services covered by this Purchase Order will
conform to the specifications, drawings, samples or
other descriptions furnished or specified by the
COUNTY, and will be of satisfactory material and
quality production, free from defects and sufficient
for the purpose intended. Goods shall be delivered
free from any security interest or other lien,
encumbrance or claim of any third party. These
warranties shall survive inspection, acceptance,
passage of title and payment by the COUNTY.
8. Statutory Conformity
Goods and services provided pursuant to this
Purchase Order, and their production and
transportation shall conform to all applicable laws,
including but not limited to the Occupational Health
and Safety Act, the Federal Transportation Act and
the Fair Labor Standards Act, as well as any law or
regulation noted on the face of the Purchase
Order.
9. Advertising
No VENDOR providing goods and services to the
COUNTY shall advertise the fact that it has
contracted with the COUNTY for goods and/or
services, or appropriate or make use of the
COUNTY’S name or other identifying marks or
property without the prior written consent of the
COUNTY’S Purchasing Department.
10. Indemnification
VENDOR shall indemnify and hold harmless the
COUNTY from any and all claims, including claims
of negligence, costs and expenses, including but
not limited to attorneys' fees, arising from, caused
by or related to the injury or death of any person
(including but not limited to employees and agents
of VENDOR in the performance of their duties or
otherwise), or damage to property (including
property of the COUNTY or other persons), which
arise out of or are incident to the goods and/or
services to be provided hereunder.
11. Warranty of Non-Infringement
VENDOR represents and warrants that all goods
sold or services performed under this Purchase
Order are: a) in compliance with applicable laws; b)
do not infringe any patent, trademark, copyright or
trade secret; and c) do not constitute unfair
competition.
VENDOR shall indemnify and hold harmless the
COUNTY from and against any and all claims,
including claims of negligence, costs and expense,
including but not limited to attorneys' fees, which
arise from any claim, suit or proceeding alleging
that the COUNTY’S use of the goods and/or
services provided under this Purchase Order are
inconsistent with VENDOR'S representations and
warranties in section 11 (a).
If any claim which arises from VENDOR'S breach
of section 11 (a) has occurred, or is likely to occur,
VENDOR may, at the COUNTY’S option, procure
for the COUNTY 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
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stipulation shall be fully responsible for complying
with the provisions of the Immigration Reform and
Control Act of 1986 as located at 8 U.S.C. 1324, et
seq. and regulations relating thereto, as either may
be amended. Failure by the awarded firm(s) to
comply with the laws referenced herein shall
constitute a breach of the award agreement and
the County shall have the discretion to unilaterally
terminate said agreement immediately. Any
breach of this provision may be regarded by the
COUNTY as a material and substantial breach of
the contract arising from this Purchase Order.
14. Force Majeure
Neither the COUNTY nor VENDOR shall be
responsible for any delay or failure in performance
resulting from any cause beyond their control,
including, but without limitation to war, strikes, civil
disturbances and acts of nature. When VENDOR
has knowledge of any actual or potential force
majeure or other conditions which will delay or
threatens to delay timely performance of this
Purchase Order, VENDOR shall immediately give
notice thereof, including all relevant information
with respects to what steps VENDOR is taking to
complete delivery of the goods and/or services to
the COUNTY.
15. Assignment
VENDOR may not assign this Purchase Order, nor
any money due or to become due without the prior
written consent of the COUNTY. Any assignment
made without such consent shall be deemed void.
16. Taxes
Goods and services procured subject to this
Purchase Order are exempt from Florida sales and
use tax on real property, transient rental property
rented, tangible personal purchased or rented, or
services purchased (Florida Statutes, Chapter
212), and from federal excise tax.
17. Annual Appropriations
The COUNTY’S performance and obligation to pay
under this Purchase Order shall be contingent
upon an annual appropriation of funds.
18. Termination
This Purchase Order may be terminated at any
time by the COUNTY upon 30 days prior written
notice to the VENDOR. This Purchase Order may
be terminated immediately by the COUNTY for
breach by VENDOR of the terms and conditions of
this Purchase Order, provided that COUNTY has
provided VENDOR with notice of such breach and
VENDOR has failed to cure within 10 days of
receipt of such notice.
19. General
a) This Purchase Order shall be governed by the
laws of the State of Florida. The venue for any
action brought to specifically enforce any of the
terms and conditions of this Purchase Order
shall be the Twentieth Judicial Circuit in and for
Collier County, Florida
b) Failure of the COUNTY to act immediately in
response to a breach of this Purchase Order
by VENDOR shall not constitute a waiver of
breach. Waiver of the COUNTY by any default
by VENDOR hereunder shall not be deemed a
waiver of any subsequent default by VENDOR.
c) All notices under this Purchase Order shall be
sent to the respective addresses on the face
page by certified mail, return receipt requested,
by overnight courier service, or by personal
delivery and will be deemed effective upon
receipt. Postage, delivery and other charges
shall be paid by the sender. A party may
change its address for notice by written notice
complying with the requirements of this
section.
d) The Vendor agrees to reimbursement of any
travel expenses that may be associated with
this Purchase Order in accordance with Florida
Statute Chapter 112.061, Per Diem and Travel
Expenses for Public Officers, employees and
authorized persons.
e) In the event of any conflict between or among
the terms of any Contract Documents related
to this Purchase Order, the terms of the
Contract Documents shall take precedence
over the terms of the Purchase Order. To the
extent any terms and /or conditions of this
Purchase Order duplicate or overlap the Terms
and Conditions of the Contract Documents, the
provisions of the Terms and/or Conditions that
are most favorable to the County and/or
provide the greatest protection to the County
shall govern.
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Exhibit IV: Additional Terms and Conditions for RFP
1. Insurance Requirements
The Vendor shall at its own expense, carry and maintain insurance coverage from responsible
companies duly authorized to do business in the State of Florida as set forth in the Insurance and
Bonding attachment of this solicitation. The Vendor shall procure and maintain property insurance
upon the entire project, if required, to the full insurable value of the scope of work.
The County and the Vendor waive against each other and the County’s separate Vendors,
Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all
damages covered by property insurance provided herein, except such rights as they may have to the
proceeds of such insurance. The Vendor and County shall, where appropriate, require similar
waivers of subrogation from the County’s separate Vendors, Design Consultants and Subcontractors
and shall require each of them to include similar waivers in their contracts.
Collier County shall be responsible for purchasing and maintaining, its own liability insurance.
Certificates issued as a result of the award of this solicitation must identify “For any and all work
performed on behalf of Collier County.”
The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall
name Collier County, Florida, as an additional insured as to the operations of Vendor under this
solicitation and shall contain a severability of interests’ provisions.
Collier County Board of County Commissioners shall be named as the Certificate Holder. The
Certificates of Insurance must state the Contract Number, or Project Number, or specific Project
description, or must read: For any and all work performed on behalf of Collier County. The
"Certificate Holder" should read as follows:
Collier County Board of County Commissioners
Naples, Florida
The amounts and types of insurance coverage shall conform to the minimum requirements set forth
in the Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and
endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under
any of the below listed minimum required coverage, Vendor must identify on the Certificate of
Insurance the nature and amount of such self- insured retentions or deductibles and provide
satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or
deductibles will be Vendor’s sole responsibility.
Coverage(s) shall be maintained without interruption from the date of commencement of the Work
until the date of completion and acceptance of the scope of work by the County or as specified in this
solicitation, whichever is longer.
The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy
cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also
notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of
expiration, cancellation, non-renewal or material change in coverage or limits received by Vendor
from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide
notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor
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hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full
extent permitted under such policy.
Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County
may terminate the Agreement or at its sole discretion shall be authorized to purchase such
coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the
County for such costs within thirty (30) days after demand, the County has the right to offset these
costs from any amount due Vendor under this Agreement or any other agreement between the
County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it
be responsible for the coverage(s) purchased or the insurance company or companies used. The
decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a
waiver of any of its rights under the Contract Documents.
If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the
scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of
Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of
the Vendor to provide the County with such renewal certificate(s) shall be considered justification for
the County to terminate any and all contracts.
2. Offer Extended to Other Governmental Entities
Collier County encourages and agrees to the successful vendor extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the discretion of
the successful vendor.
3. Additional Items and/or Services
Additional items and / or services may be added to the resultant contract, or purchase order, in
compliance with the 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 resultant contract(s) may include purchase or work orders issued under
one, or any combination of price methodologies by the County’s project manager.
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.
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The County’s project manager, shall coordinate with the Vendor / Contractor the return of any surplus
assets, including materials, supplies, and equipment associated with the scope or work.
7. Payment Method
Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218,
Florida Statutes. Vendor’s invoices must include:
• Purchase Order Number
• Description and quantities of the goods or services provided per instructions on the County’s
purchase order or contract.
Invoices shall be sent to:
Board of County Commissioners
Clerk’s Finance Department
ATTN: Accounts Payable
3299 Tamiami Trail E Ste 700
Naples FL 34112
Or emailed to: bccapclerk@collierclerk.com.
Collier County, in its sole discretion, will determine the method of payment for goods and/or services
as part of this agreement.
Payment methods include:
• Traditional – payment by check, wire transfer or other cash equivalent.
• Standard – payment by purchasing card. Collier County’s Purchasing Card Program is
supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is
cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules.
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
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these debts, the County reserves the right to off-set the amount owed to the County by applying the
amount owed to the vendor or contractor for services performed of for materials delivered in
association with a contract.
Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the
Finance Division for payment. Payment will be made upon receipt of proper invoice and in
compliance with Chapter 218 Florida Statutes, otherwise known as the “Local Government Prompt
Payment Act.” Collier County reserves the right to withhold and/or reduce an appropriate amount of
any payment for work not performed or for unsatisfactory performance of Contractual requirements.
8. Environmental Health and Safety
All Vendors and Sub vendors performing service for Collier County are required and shall comply
with all Occupational Safety and Health Administration (OSHA), State and County Safety and
Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub
vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that
may cause injury or damage to any persons or property within and around the work site. All firewall
penetrations must be protected in order to meet Fire Codes.
Collier County Government has authorized OSHA representatives to enter any Collier County facility,
property and/or right-of-way for the purpose of inspection of any Vendor’s work operations. This
provision is non-negotiable by any department and/or Vendor.
All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device
Coordination and Arc Flash Studies where relevant as determined by the engineer.
All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE
Protective labels.
9. Licenses
The Vendor is required to possess the correct Business Tax Receipt, professional license, and any
other authorizations necessary to carry out and perform the work required by the project pursuant to
all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any
kind. Additionally, copies of the required licenses must be submitted with the proposal
response indicating that the entity proposing, as well as the team assigned to the County
account, is properly licensed to perform the activities or work included in the contract
documents. Failure on the part of any Vendor to submit the required documentation may be
grounds to deem Vendor non-responsive. A Vendor, with an office within Collier County is also
required to have an occupational license.
All State Certified contractors who may need to pull Collier County permits or call in inspections must
complete a Collier County Contractor License registration form and submit the required fee. After
registering the license/registration will need to be renewed thereafter to remain “active” in Collier
County.
If you have questions regarding professional licenses contact the Contractor Licensing 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.
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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.
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:
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16.D.8.e
Packet Pg. 683 Attachment: Exhibit A Solicitation (3890 : Pickleball Program Operations Management Concessionaire)
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)
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.
17. Survivability
Bids (ITBs/RFPs): The Consultant/Contractor/Vendor agrees that any Work Order/Purchase Order
that extends beyond the expiration date of Solicitation 17-7152 Parks and Recreation Pickleball
Concessionaire resultant of this solicitation will survive and remain subject to the terms and
conditions of that Agreement until the completion or termination of any Work Order/Purchase Order.
18. Protest Procedures
Any prospective vendor / proposer who desires to protest any aspect(s) or provision(s) of the
solicitation (including the form of the solicitation documents or procedures) shall file their protest with
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16.D.8.e
Packet Pg. 684 Attachment: Exhibit A Solicitation (3890 : Pickleball Program Operations Management Concessionaire)
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
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.
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16.D.8.e
Packet Pg. 685 Attachment: Exhibit A Solicitation (3890 : Pickleball Program Operations Management Concessionaire)
21. Conflict of Interest
Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP
document. Disclosure of any potential or actual conflict of interest is subject to County staff review
and does not in and of itself disqualify a firm from consideration. These disclosures are intended to
identify and or preclude conflict of interest situations during contract selection and execution.
22. Prohibition of Gifts to County Employees
No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee,
service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311.
Violation of this provision may result in one or more of the following consequences: a. Prohibition by
the individual, firm, and/or any employee of the firm from contact with County staff for a specified
period of time; b. Prohibition by the individual and/or firm from doing business with the County for a
specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c.
immediate termination of any contract held by the individual and/or firm for cause.
23. Immigration Affidavit Certification
Statutes and executive orders require employers to abide by the immigration laws of the United
States and to employ only individuals who are eligible to work in the United States.
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.
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16.D.8.e
Packet Pg. 686 Attachment: Exhibit A Solicitation (3890 : Pickleball Program Operations Management Concessionaire)
Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be
fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986
as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and
with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the
laws referenced herein or the provisions of this affidavit shall constitute a breach of the award
agreement and the County shall have the discretion to unilaterally terminate said agreement
immediately.
24. Collier County Local Preference Policy
Collier County provides an incentive to local business to enhance the opportunities of local
businesses in the award of County contracts. In the evaluation of proposals, the County rewards
Vendors for being a local business by granting a ten (10) points incentive in the evaluation criterion
points.
Local business means the vendor has a current Business Tax Receipt issued by the Collier County
Tax Collector for at least one year prior to bid or proposal submission to do business within Collier
County, and that identifies the business with a permanent physical business address located within
the limits of Collier County from which the vendor’s staff operates and performs business in an area
zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non-
permanent structure such as a construction trailer, storage shed, or other non-permanent structure
shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a
vendor shall not be considered a "local business" unless it contributes to the economic development
and well-being of Collier County in a verifiable and measurable way. This may include, but not be
limited to, the retention and expansion of employment opportunities, support and increase to the
County's tax base, and residency of employees and principals of the business within Collier County.
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.
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16.D.8.e
Packet Pg. 687 Attachment: Exhibit A Solicitation (3890 : Pickleball Program Operations Management Concessionaire)
A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to
the County will lose the privilege to claim Local Preference status for a period of up to one year.
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16.D.8.e
Packet Pg. 688 Attachment: Exhibit A Solicitation (3890 : Pickleball Program Operations Management Concessionaire)
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, 3295
Tamiami Trail E, Naples, FL 34112.
We are not responding to Solicitation 17-7152 Parks and Recreation Pickleball Program
Operations Management Concessionaire for the following reason(s):
Services requested not available through our company.
Our firm could not meet specifications/scope of work.
Specifications/scope of work not clearly understood or applicable (too vague, rigid, etc.)
Project is too small.
Insufficient time allowed for preparation of response.
Incorrect address used. Please correct mailing address:
___________________________________________________________________________
_____________________________________________________________________________
_______________________________________________________________________
Other reason(s):_____________________________________________________________
_____________________________________________________________________________
_________________________________________________________________________
___________________________________________________________________________
Name of Firm:
________________________________________________________
Address:
________________________________________________________
City, State, Zip:
________________________________________________________
Telephone:
________________________________________________________
Email:
________________________________________________________
Representative Signature:
________________________________________________________
Representative Name:
_______________________________________ Date ____________
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16.D.8.e
Packet Pg. 689 Attachment: Exhibit A Solicitation (3890 : Pickleball Program Operations Management Concessionaire)
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.
Name of Firm:
________________________________________________________
Address:
________________________________________________________
City, State, Zip:
________________________________________________________
Telephone:
________________________________________________________
Email:
________________________________________________________
Representative Signature:
________________________________________________________
Representative Name: _____________________________________ Date ______________
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16.D.8.e
Packet Pg. 690 Attachment: Exhibit A Solicitation (3890 : Pickleball Program Operations Management Concessionaire)
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: 17-7152 Parks and Recreation Pickleball Concessionaire 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
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16.D.8.e
Packet Pg. 691 Attachment: Exhibit A Solicitation (3890 : Pickleball Program Operations Management Concessionaire)
Attachment 4: Vendor Declaration Statement
BOARD OF COUNTY COMMISSIONERS
Collier County Government Complex
Naples, Florida 34112
RE: Solicitation: 17-7152 Parks and Recreation Pickleball Program Operations Management
Concessionaire
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 17-7152 Parks and
Recreation Pickleball Program Operations Management Concessionaire.
(Proposal Continued on Next Page)
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16.D.8.e
Packet Pg. 692 Attachment: Exhibit A Solicitation (3890 : Pickleball Program Operations Management Concessionaire)
PROPOSAL CONTINUED
IN WITNESS WHEREOF, WE have hereunto subscribed our names on this _____ day of _____________, 20
in the County of _______________, in the State of _____________.
Firm’s Legal Name:
Address:
City, State, Zip Code:
Florida Certificate of
Authority Document Number:
Federal Tax Identification
Number
CCR # or CAGE Code
Telephone:
FAX:
Signature by:
(Typed and written)
Title:
Additional Contact Information
Send payments to:
(required if different from above)
Company name used as payee
Contact name:
Title:
Address:
City, State, ZIP
Telephone:
FAX:
Email:
Office servicing Collier
County to place orders
(required if different from above)
Contact name:
Title:
Address:
City, State, ZIP
Telephone: _________________________________
Email _________________________________
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16.D.8.e
Packet Pg. 693 Attachment: Exhibit A Solicitation (3890 : Pickleball Program Operations Management Concessionaire)
Attachment 5: Affidavit for Claiming Status as a Local Business
Solicitation: 17-7152 Parks and Recreation Pickleball Program Operations Management Concessionaire
(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)
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16.D.8.e
Packet Pg. 694 Attachment: Exhibit A Solicitation (3890 : Pickleball Program Operations Management Concessionaire)
Attachment 6: Immigration Affidavit Certification
Solicitation: 17-7152 Parks and Recreation Pickleball Program Operations Management Concessionaire
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.
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16.D.8.e
Packet Pg. 695 Attachment: Exhibit A Solicitation (3890 : Pickleball Program Operations Management Concessionaire)
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 ________________________
17-7152 Parks and Recreation Pickleball Program Operations Management Concessionaire
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16.D.8.e
Packet Pg. 696 Attachment: Exhibit A Solicitation (3890 : Pickleball Program Operations Management Concessionaire)
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
$500,000 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
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
16.D.8.e
Packet Pg. 697 Attachment: Exhibit A Solicitation (3890 : Pickleball Program Operations Management Concessionaire)
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 4/27/2017
______________________________________________________________________________________________
Vendor’s Insurance Statement
We understand the insurance requirements of these specifications and that the evidence of insurability may be required
within five (5) days of the award of this solicitation.
Name of Firm
_______________________________________ Date ____________________________
Vendor Signature
_________________________________________________________________________
Print Name
_________________________________________________________________________
Insurance Agency
_________________________________________________________________________
Agent Name
_______________________________________ Telephone Number _________________
17-7152 Parks and Recreation Pickleball Program Operations Management Concessionaire
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16.D.8.e
Packet Pg. 698 Attachment: Exhibit A Solicitation (3890 : Pickleball Program Operations Management Concessionaire)
Attachment 9: Reference Questionnaire
Solicitation: 17-7152 Parks and Recreation Pickleball Program Operations Management Concessionaire
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.” (Please note, references from Collier County staff will not be accepted.)
Project Description: ___________________________
Completion Date: _____________________________
Project Budget: _______________________________
Project Number of Days: _______________________
Change Orders - Dollars Added : _________________ Change Orders - Days Added: __________________
Item Citeria Score
1 Ability to manage the project costs (minimize change orders to scope).
2 Ability to maintain project schedule (complete on-time or early).
3 Quality of work.
4 Quality of consultative advice provided on the project.
5 Professionalism and ability to manage personnel.
6 Project administration (completed documents, final invoice, final product turnover;
invoices; manuals or going forward documentation, etc.)
7 Ability to verbally communicate and document information clearly and succinctly.
8 Abiltity to manage risks and unexpected project circumstances.
9 Ability to follow contract documents, policies, procedures, rules, regulations, etc.
10 Overall comfort level with hiring the company in the future (customer satisfaction).
TOTAL SCORE OF ALL ITEMS
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16.D.8.e
Packet Pg. 699 Attachment: Exhibit A Solicitation (3890 : Pickleball Program Operations Management Concessionaire)
16.D.8.gPacket Pg. 700Attachment: 17-7152 Parks and Rec Pickleball Concessionaire_Agreement_Vendor Signed (3890 : Pickleball Program Operations Management
16.D.8.gPacket Pg. 701Attachment: 17-7152 Parks and Rec Pickleball Concessionaire_Agreement_Vendor Signed (3890 : Pickleball Program Operations Management
16.D.8.gPacket Pg. 702Attachment: 17-7152 Parks and Rec Pickleball Concessionaire_Agreement_Vendor Signed (3890 : Pickleball Program Operations Management
16.D.8.gPacket Pg. 703Attachment: 17-7152 Parks and Rec Pickleball Concessionaire_Agreement_Vendor Signed (3890 : Pickleball Program Operations Management
16.D.8.gPacket Pg. 704Attachment: 17-7152 Parks and Rec Pickleball Concessionaire_Agreement_Vendor Signed (3890 : Pickleball Program Operations Management
16.D.8.gPacket Pg. 705Attachment: 17-7152 Parks and Rec Pickleball Concessionaire_Agreement_Vendor Signed (3890 : Pickleball Program Operations Management
16.D.8.gPacket Pg. 706Attachment: 17-7152 Parks and Rec Pickleball Concessionaire_Agreement_Vendor Signed (3890 : Pickleball Program Operations Management
16.D.8.gPacket Pg. 707Attachment: 17-7152 Parks and Rec Pickleball Concessionaire_Agreement_Vendor Signed (3890 : Pickleball Program Operations Management
16.D.8.gPacket Pg. 708Attachment: 17-7152 Parks and Rec Pickleball Concessionaire_Agreement_Vendor Signed (3890 : Pickleball Program Operations Management
16.D.8.gPacket Pg. 709Attachment: 17-7152 Parks and Rec Pickleball Concessionaire_Agreement_Vendor Signed (3890 : Pickleball Program Operations Management
16.D.8.gPacket Pg. 710Attachment: 17-7152 Parks and Rec Pickleball Concessionaire_Agreement_Vendor Signed (3890 : Pickleball Program Operations Management
16.D.8.gPacket Pg. 711Attachment: 17-7152 Parks and Rec Pickleball Concessionaire_Agreement_Vendor Signed (3890 : Pickleball Program Operations Management
16.D.8.gPacket Pg. 712Attachment: 17-7152 Parks and Rec Pickleball Concessionaire_Agreement_Vendor Signed (3890 : Pickleball Program Operations Management
16.D.8.gPacket Pg. 713Attachment: 17-7152 Parks and Rec Pickleball Concessionaire_Agreement_Vendor Signed (3890 : Pickleball Program Operations Management
16.D.8.g
Packet Pg. 714 Attachment: 17-7152 Parks and Rec Pickleball Concessionaire_Agreement_Vendor Signed (3890 : Pickleball Program Operations Management
Exhibit B