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#17-7105 (Collier Rec Baseball/Softball Unpire Assoc.) AGREEMENT17-7105R for Baseball and Softball Officials THIS AGREEMENT, made and entered into on this I Liday of t401/Q11Ater 2017, by and between Collier Recreation Baseball/Softball Umpire Association Inc., authorized to do business in the State of Florida, whose business address is 4246 Longshore Way N., Naples, Florida, (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a three (3) year period, commencing on Date of Board approval on from that date or until all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all the terms and conditions contained in this Agreement for two (2) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a Purchase Order. 3. STATEMENT OF WORK. The Contractor shall provide officiating services for adult baseball and softball games in accordance with the terms and conditions of Invitation to Bid (ITB) #17-7105R, including attachments and the Contractor's proposal referred to herein and made an integral part of this Agreement and Exhibit A — Scope of Work, including the Negotiated Scope. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. Page 1 of 11 17-7105R Baseball and Softball Officials Collier Recreation Baseball/Softball Umpires Association, Inc. 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B - Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the Parks and Recreation's Project Manager or designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act." 4.1 Price Methodology: Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e., installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification. 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C-2. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Collier Recreation Baseball/Softball Umpire Association Inc. Attention: Irving Kohn 4246 Longshore Way N. Naples, Florida 34119 Telephone: 239-597-8362 Email: kohnimlco cast.net All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Page 2 of 11 17-7105R Baseball and Softball Officials Collier Recreation Baseball/Softball Umpires Association, Inc. Board of County Commissioners for Collier County, Florida c/o Parks and Recreation Attention: Matt Catoe 15000 Livingston Road Naples, Florida 34109 Telephone: 239-252-4059 Email: matthe catoecollierov.net The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors/Subconsultants. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non- performance. Page 3 of 11 17-7105R Baseball and Softball Officials Collier Recreation Baseball/Softball Umpires Association, Inc. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Page 4 of I 17.7105R Baseball and Softball Officials Collier Recreation Baseball/Softball Umpires Association,Inc Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Parks and Recreation Division. 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: ITB #17-7105R, including attachments, Contractor's Proposal, Insurance Certificate(s), Exhibit A Scope of Services, including Negotiated Scope and Exhibit B - Fee Schedule. 17. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 18. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Page 5 of 11 17-7105R Baseball and Softball Officials Collier Recreation Baseball/Softball Umpires Association, Inc. Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 19. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, Page 6 of 11 17-7105R Baseball and Softball Officials Collier Recreation Baseball/Softball Umpires Association, Inc. the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 20. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful proposer. 21. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 22. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 23. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 24. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. Page 7 of 11 17-7105R Baseball and Softball Officials Collier Recreation Baseball/Softball Umpires Association, Inc. 25. AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. 26. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the ITB, the Contractor's Proposal, Negotiations, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. 27. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 28. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS c(Dcolliergov.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. * * * * * Page 8 of 11 17-7105R Baseball and Softball Officials Collier Recreation Baseball/Softball Umpires Association, Inc. IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: BOARD • ' • NTY COMMISSIONERS Dwight E. Brock, Clerk of Courts COLLIER ' O , FLORIDA By: , : . 4 �,. . By: / Penny Tayl hairman Dated: 1 :=;g" signature on ' Collier Recreation Baseball/Softball Umpire Association Inc. Contractor's Witnesses: Contractor By: F' t Witness Signature TType/print witness name TType/print signature and titleT : nv,Seco d Wit ss^ -' TType/print witness name Approved as to F mand Legality: ...e,41 p. ai Count ttonnrneeyy I . .�j IG K�G.1,,, Print Name 914 Page 9 of 11 17-7105R Baseball and Softball Officials Collier Recreation Baseball/Softball Umpires Association,Inc. EXHIBIT A — SCOPE OF SERVICES AND NEGOTIATED SCOPE (following this page) Page 10 of 11 17-7105R Baseball and Softball Officials Collier Recreation Baseball/Softball Umpires Association, Inc. -- ----..1 EXHIBIT A - SCOPE OF SERVICES Coiner County Administrative Services Department Procurement Se vices Division COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS INVITATION TO BID (ITB) FOR 17-7105R SOLICITATION NO.: Baseball and Softball Officials VIVIANA GIARIMOUSTAS, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES,FLORIDA 34112 TELEPHONE: (239)252-8375 VivianaGiarimoustas@colliergov.net (Email) This solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Consultant may be grounds for rejection of proposal,cancellation of any subsequent award,or any other legal remedies available to the Collier County Government. Attachment A-Scope of Work/Services and Technical Specifications Detailed Scope of Work These specifications are intended to provide information so that bidders may understand the requirements of the Division as it relates to furnishing certified officials on an as needed basis. The officials must wear a uniform while umpiring the games. The number of officials required at all games for Men, Coed, and Church Leagues will be two (2). Only one (1) official will be required for the Women,Country Club and 35 and older leagues.This determination will take place during the mandatory team coaches meeting for the leagues which are set approximately one month prior to the start of the season. It is estimated that officials will be requested for a maximum of seventy-five(75)games per week. The Parks and Recreation Division will provide a regular season schedule four(4)days prior to start of the season. Vendor will be required to provide a list of certified umpires with contact information upon being awarded.If a game is cancelled or postponed;the Division will contact the official two(2)hours prior to game time. The Contractor is to insure that all personnel utilized for officiating services are knowledgeable in all applicable rules and regulations,as they pertain to this sports activity. Such officials must have a complete understanding and knowledge in the methods of common scorekeeping practices for the sports activity in question.At the option of the County,such officials may be tested as to their knowledge of these rules and procedures. In the case of a protested game where the protest is upheld,the game shall be replayed in accordance with applicable league play from the point of protest.Officiating services for such games shall be provided at no additional cost to the County. Officiating Procedures Officials shall arrive at the game site in the proper uniform a minimum of fifteen(15)minutes prior to the schedule time for the first game. Delays or interrupted start-up time, caused by the failure of a timely arrival, may result in one-half of the game fee being forfeited and returned to the County as a penalty. Complete and sign a score report card at the end of each serviced game.This card will be deposited in a designated area at the conclusion of the last daily scheduled game. In the event of a forfeited or cancelled game, the umpires scheduled for such games will be required to move to another field and work a two(2)man umpiring crew or umpire a practice game.The decision for such action will be solely at the discretion of the County's Program Supervisor. The County reserves the right to observe and critique any and all umpire performance at any given time. If performance is unsatisfactory the county has the right to remove any umpire who fails to perform his/her duties as defined in the contract or for any behavior deemed inappropriate by the County. Specifications The successful Contractor shall be responsible to provide umpire services for all regularly scheduled Collier County Parks & Recreation Division adult league softball games. This shall include all regular, playoff and tournament league games. Contractor shall provide qualified and accredited umpires from the accredited softball associations. The officiating body must hold NSA, ASA, ISPS, or USSSA Certification to be considered and will be the governing body for the rules and regulations for Collier County Parks and Recreation Division softball leagues and as such;all officials must: 1. Possess knowledge of their current rules and Collier County rules in order to make good judgment calls. a. Umpires must be certified,sanctioning organization is required to provide names and certifications of all umpires that will be officiating games along with their submittal. 2. Control and supervise all aspects of the game and or spectators while umpiring. 3. Umpires must conduct a Coach's conference at home plate prior to the game to collect team line-up cards, team player cards,and review ground rules for the game. 4. Umpires must score games and announce score every one-half inning while keeping track of inning,outs, balls and strikes. 5. Submit a Collier County scorecard to the softball staff on duty at the conclusion of the games for the evening.Both the home plate and base umpires are required to approve and sign each game score card. 6. Report any unsportsmanlike conduct in writing to the NCRP softball staff.Provide a standard form for this circumstance. Unsportsmanlike conduct is defined as conduct or bad sportsmanship that is foul or offensive. This can be anything that violates a sport's generally accepted rules of sportsmanship and participant conduct. 7. Represent the umpires at the organizational meetings held throughout the year for all leagues.The Division will provide notification of these meetings one week in advance. The County reserves the right to add/remove properties during the term of the award.The selected vendor is required to provide the indicated services at ALL County selected playing fields in order to maintain compliance with the awarded contract.Required facilities include but are not limited to: Corkscrew Elementary 1065 County Rd 858,Naples,FL 34120 Eagle Lakes Community Park 11565 Tamiami Trail E,Naples,FL 34112 East Naples Community Park 3500 Thomasson Drive,Naples,FL 34112 Golden Gate Community Park 3300 Santa Barbara Blvd,Naples,FL 34116 Immokalee Community Park 321 N 1st Street,Immokalee,FL 34142 Max Hasse Community Park 3390 Golden Gate Blvd W,Naples,FL 34117 North Collier Regional Park 15000 Livingston Road,Naples,FL 34109 Sabal Palm Elementary 4095 18th Ave NE,Naples,FL 34120 Veterans Community Park 1895 Veterans Park Drive,Naples,FL 34109 Vineyards Community Park 6231 Arbor Blvd W,Naples,FL 34119 Exhibit A - Negotiated Scope Goyrley County Administrative Services Department Procurement Services Division October 12,2017 17-7105R Baseball and Softball Officials Negotiations As discussed on Tuesday,October 10,2017.All parties agree to the following: As it relates to scorekeeping,the umpire will continue to complete and fill out all line items to the best of their knowledge. Parks and Recreation staff agree to e-mail vendor on a weekly basis if a scorecard is found to be incomplete or with errors. Practice games as stated in the solicitation will not be a part of this agreement. It is the responsibility of the umpires to verify the legality of all bats and balls.All balls must meet the following standard:Men's ball: 12 inch.44 CORE-375/400 compressions.Women's ball:11 inch.44 CORE-375/400 compression.Bats must have the NSA stamp on the bat. No new inning shall begin after 55 minutes for a regular game,65 minutes for a playoff game,and no time limit for any championship games. A new contact time for officials shall be no later than one hour prior to the first game time.If the games are not called off each first game will be paid. In the event of a scheduled single game, Parks and Recreation agrees to pay for two games. If the first pitch of any game has been thrown,the umpires will be paid for such game. If weather does not permit the game to continue the umpire will still be paid for that game whether the game had been completed. Parks and Recreation agrees to a four-day notice of scheduling. Immokalee games shall be set at$40 per umpire until renegotiated terms are discussed with Parks and Recreation staff. All other conditions under this solicitation remain the same. M }} } Digitally signed by Matt Catce att Catce Date:2017.1OJ713:0159-04'00' Parks and Recreation Signature Vendor Signature •oi�r � P.•loci•. ' Prc urementServices0ivision•3295 Tamiami Trail East•Naples,Florida 34112-4901•'wvw.colliergov.net/procurementservices EXHIBIT B- FEE SCHEUDLE C1, •; .,.. , ,Ig '. F, AIi incl rM k 1 100 Per Game for 1 Official —Year 1 $27 per umpire Per Game for 1 Official —Year 2 $28 per umpire Per Game for 1 Official —Year 3 $29 per umpire Immokalee County Park $40 per umpire i III Page 11 of 11 17-7105R Baseball and Softball Officials Collier Recreation Baseball/Softball Umpires Association,Inc. CAI,County Administrative Services Department Procurement Services Division COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS INVITATION TO BID (ITB) FOR Baseball and Softball Officials SOLICITATION NO.: 17-7105R VIVIANA GIARIMOUSTAS, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-8375 VivianaGiarimousta.s@colliergov.net (Email) This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Vendor may be grounds for rejection of proposal,cancellation of any subsequent award,or any other legal remedies available to the Collier County Government. TABLE OF CONTENTS ITEM DESCRIPTION 1.0 Introduction 2.0 Background 3.0 Term of Contract 4.0 Award Criteria General Bid Instructions 5.0 Purpose/Objective 6.0 Pricing 7.0 Alternate Bid Pricing 8.0 Discount 10.0 Addenda 11.0 Bid Submission 12.0 Questions 13.0 Protests 14.0 Local Vendor Preference 15.0 Immigration Affidavit Certification 16.0 Lobbying 17.0 Certificate of Authority to Conduct Business in the State of Florida(Florida Statute 607.1501) 18.0 General Information 19.0 Bid Award Process 20.0 Reserved Rights 21.0 Collier County Purchase Order Terms and Conditions Additional Terms and Conditions for RFP 22.0 Insurance and Bonding Requirements 23.0 Additional items and/or Service 24.0 Vendor Performance Evaluation 25.0 Additional Terms and Conditions of Contract 26.0 Public Records Compliance 27.0 Payment Method 28.0 Environmental Health and Safety 29.0 Licenses 30.0 Survivability 31.0 Relation of County 32.0 Termination 33.0 Public Entity Crime 34.0 Security and Background Checks 35.0 Conflict of Interest 36.0 Prohibition of Gifts to County Employees 37.0 Deduction for Non-Performance 38.0 Offer Extended to Other Governmental Entities 39.0 Florida Wood Products 40.0 Standards of Conduct 41.0 Protection of Property 42.0 Maintenance of Traffic Policy 44.0 Debris 45.0 Direct Material Purchase 46.0 Grant Compliance 47.0 Equipment 48.0 Storage tank Installation and Closure Requirements 49.0 62-761.300 Applicability 50.0 62-762.301,F.A.C.Applicability 51.0 Definitions Attachments Attachment A-Scope of Services Attachment B-Required Forms Attachment C-Bid Schedule 2 17-7105R Baseball and Softball Officials SOLICITATION PUBLIC NOTICE INVITATION TO BID(ITB)NUMBER: 17-7105R PROJECT TITLE: Baseball and Softball Officials BID OPENING DAY/DATE/TIME: August 24,2017 at 10:00 AM PLACE OF BID OPENING: PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST.BLDG C-2 NAPLES.FL 34112 All bids shall be submitted online via the Collier County Procurement Services Division Online Bidding System: www.coil iergov.net/bid 1.0 INTRODUCTION As requested by the Parks and Recreation Division(hereinafter,the"Division or Department"),the Collier County Board of County Commissioners Procurement Services Division (hereinafter, "County") has issued this Invitation to Bid (hereinafter, "ITB") with the intent of obtaining bid submittals from interested and qualified vendors in accordance with the terms, conditions and specifications stated or attached. The vendor,at a minimum,must achieve the requirements of the Specifications or Scope of Work stated. Collier County Parks and Recreation is seeking to procure officiating services to handle all Collier County adult baseball and softball games. Historically, the County spends approximately $75,000 annually however, this may not be indicative of future buying patterns. 2.0 BACKGROUND Collier County manages one of the most popular parks and recreation programs in Florida by operating more than a dozen regional, specialty,and community parks and servicing a community of more than 400,000 residents each year. The Parks and Recreation Division provide adult softball programs for the community. As part of the program; it is the Divisions responsibility to provide umpires to officiate the games. 3.0 TERM OF CONTRACT The contract term,if an award(s)is/are 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. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. 3 17-7105R Baseball and Softball Officials 4.0 AWARD CRITERIA ITB award criteria are as follows: 4.1 The County's Procurement Services Division reserves the right to clarify a vendor's submittal prior to the award of the solicitation. 4.2 It is the intent of Collier County to award to the lowest,responsive and responsible vendor(s)that represents the best value to the County. 4.3 For the purposes of determining the winning bidder, the County will select the vendor with the lowest price as outlined below: Lowest total on the Bid Schedule 4.4 Collier County reserves the right to select one,or more than one suppliers,award on a line item basis, establish a pool for quoting,or other options that represents the best value to the County;however,it is the intent to: Select a single awardee 4.5 The County reserves the right to issue a formal contract or standard County Purchase Order for the award of this solicitation. 4.6 The County requests that the vendor submits no fewer than three(3)completed reference forms from clients whose projects are of a similar nature to this solicitation as a part of their proposal from the past five(5)years. 4 17-7105R Baseball and Softball Officials GENERAL BID INSTRUCTIONS 5.0 PURPOSE/OBJECTIVE As requested by the Collier County departments or divisions identified, the Collier County Board of County Commissioners Procurement Services Division (hereinafter, the County) has issued this Invitation to Bid (hereinafter, the "ITB", or"Bid") with the sole purpose and intent of obtaining bid responses from interested and qualified firms in accordance with the terms, conditions, and specifications stated and/or attached herein/hereto.The successful vendor will hereinafter be referred to as the "Vendor" All bids must be submitted on the Bid forms furnished by the County noted in Attachments of this ITB. Bids may not be considered unless Bid forms are properly executed. Vendor is responsible to read and follow the instructions very carefully,as any misinterpretation or failure to comply with these instructions could lead to the bid submitted as being rejected as non-responsive. 6.0 PRICING Vendors must provide unit prices using the unit of measured specified by the County. All prices will remain firm for a period of one hundred and eighty(180)calendar days from date of bid opening. After award by the Board of County Commissioners, prices may only be adjusted as outlined. 7.0 ALTERNATE BID PRICING In the event that alternate pricing is requested, it is an expressed requirement of the bid to provide pricing for all alternates as listed. The omission of a response or a no-bid or lack of a submitted price may be the basis for the rejection of the submitted bid response. All bids responses received without pricing for all alternates as listed may be considered technically non- responsive and will not be considered for award. 8.0 DISCOUNT Any discounts or terms must be shown on the Bid form. Such discounts,if any,may be considered in the award of tie bids. In no instance should payment terms less than fifteen(15)calendar days be offered. 9.0 ADDENDA The County reserves the right to formally amend and/or clarify the requirements of the bid specifications where it deems necessary. Any such addendum/clarification shall be in writing and notifications shall be distributed electronically to all parties who received the original bid specifications prior to the deadline for submission of Bids.All changes to this ITB will be conveyed electronically through a notice of addendum or questions and answers to all vendors registered under the applicable commodity code(s) at the time when the original ITB was released, as well as those vendors who downloaded the ITB document. All addendums are posted on the Collier County Procurement Services Division Online Bidding System website: www.colliergov.net/bid. Before submitting a bid response, please make sure that you have read all documents provided, understood clearly and complied completely with any changes stated in the addenda as failure to do so may result in the rejection of your submittal. 10.0 BID SUBMISSION All electronic bids shall be submitted online via the Collier County Procurement Services Division Online Bidding System: www.colliergov.net/bid 11.0 QUESTIONS If the vendor should be of the opinion that the meaning of any part of the Bid Document is doubtful,obscure or contains errors or omissions it should report such opinion to the Procurement Strategist before the bid opening date.Direct questions related to this ITB only to the Collier County Procurement Services Division Internet website: www.colliergov.net/bid. Questions will not be answered after the date and time noted. 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 identified in the Public Notice. 12.0 PROTESTS Any prospective vendor/bidder who desires to protest any aspect(s)or provision(s)of the solicitation(including the form of the solicitation documents or procedures)shall file their protest with the Procurement Services Division prior to the time of the bid opening strictly in accordance with the County's then current Procurement Ordinance and policies. 13.0 LOCAL VENDOR PREFERENCE(LVP) 13.1 The County is using the Competitive Sealed Bid methodology of source selection for this procurement, as authorized by Ordinance Number 2017-08 establishing and adopting the Collier County Procurement Ordinance. 5 17-7105R Baseball and Softball Officials 13.2 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. 13.3 Under this solicitation, bidders desiring to receive local preference will be invited and required to affirmatively state and provide documentation as set forth in the solicitation in support of their status as a local business.Any bidder who fails to submit sufficient documentation with their bid offer shall not be granted local preference consideration for the purposes of that specific contract award. Except where federal or state law, or any other funding source,mandates to the contrary, Collier County and its agencies and instrumentalities, will give preference to local businesses in the following manner. 13.4 Competitive bid (local price match option). Each formal competitive bid solicitation shall clearly identify how the price order of the bids received will be evaluated and determined. When a qualified and responsive, non-local business submits the lowest price bid, and the bid submitted by one or more qualified and responsive local businesses is within ten percent of the price submitted by the non-local business,then the local business with the apparent lowest bid offer(i.e., the lowest local bidder)shall have the opportunity to submit an offer to match the price(s),less one(1)dollar, offered by the overall lowest,qualified and responsive bidder. In such instances, staff shall first verify if the lowest non- local bidder and the lowest local bidder are in fact qualified and responsive bidders. Next, the Procurement Services Division shall determine if the lowest local bidder meets the requirements of Fla. Stat. Sec.287.087 (Preferences to businesses with drug-free workplace programs). If the lowest local bidder meets the requirements of Fla. Stat. Sec. 287.087, the Procurement Services Division shall invite the lowest local bidder to submit a matching offer, less one(1) dollar, within five (5) business days thereafter. If the lowest local bidder submits an offer that fully matches the lowest bid, less one(1)dollar, fro m the lowest non-local bidder tendered previously,then award shall be made to the local bidder. If the lowest local bidder declines or is unable to match the lowest non-local bid price(s), then award will be made to the lowest overall qualified and responsive bidder. If the lowest local bidder does not meet the requirement of Fla. Stat. Sec 287.087,and the lowest non-local bidder does,award will be made to the bidder that meets the requirements of the reference state law. 13.5 Bidder must complete and submit with their bid response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a Bidder to submit this Affidavit with their bid response will preclude said Bidder from being considered for local preference on this solicitation. 13.6 A Bidder who misrepresents the Local Preference status of its firm in a bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one(1)year. 13.7 The County may,as it deems necessary,conduct discussions with responsible bidders determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. 14.0 IMMIGRATION AFFIDAVIT CERTIFICATION 14.1 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. 14.1.1 Exceptions to the program: (1) Commodity based procurement where no services are provided. (2) Where the requirement for the affidavit is waived by the Board of County Commissioners 14.2 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 6 17-7105R Baseball and Softball Officials 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. 14.3 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. 14.4 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. 14.5 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. 15.0 LOBBYING After the issuance of any solicitation, no current or prospective vendor or any person acting on their behalf, shall contact, communicate with or discuss any matter relating to the solicitation with any Collier County employee or elected or appointed official,other than the Procurement Services Director or his/her designees. This prohibition ends upon execution of the final contract or upon cancellation of the solicitation. Any current or prospective vendor that lobbies any Collier County employee or elected or appointed official while a solicitation is open or being recommended for award(i)may be deemed ineligible for award of that solicitation by the Procurement Services Director,and(ii)will be subject to Suspension and Debarment outlined in section Twenty-eight of County Ordinance 2017-08. 16.0 CERTIFICATE OF AUTHORITY TO CONDUCT BUSINESS IN THE STATE OF FLORIDA (FL 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. 17.0 GENERAL INFORMATION When it is deemed by the County that a bid cannot be awarded as originally intended,the County reserves the right to award this bid through an approach which is the best interest of the County. Alternate bids will not be considered unless authorized by the ITB. In case of identical bids tying as low bid, the County shall conduct a random selection (coin toss) by the Procurement Services Director before at least three witnesses. 18.0 BID AWARD PROCESS Award shall be made in a manner consistent with the County's Procurement Ordinance. Award recommendations will be posted on the Collier County Procurement Services Division website. 19.0 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. END OF GENERAL BID INSTRUCTIONS 7 17-7105R Baseball and Softball Officials 20.0 COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS 20.1 Offer 20.1.1 This offer is subject to cancellation by the COUNTY without notice if not accepted by VENDOR within fourteen(14)days of issuance. 20.2 Acceptance and Confirmation 20.2.1 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. 20.2.2 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. 20.3 Inspection 20.3.1 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. 20.3.2 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. 20.4 Shipping and Invoices 20.4.1 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. 20.4.2 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. 20.4.3 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. 20.4.4 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. 20.5 Time Is Of the Essence 20.5.1 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. 20.6 Changes 20.6.1 The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping 8 17-7105R Baseball and Softball Officials instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such change increase or decrease the cost of,or the time required for performance of the Purchase Order, an equitable adjustment in the price and/or delivery schedule will be negotiated by the COUNT' 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. 20.7 Warranties 20.7.1 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. 20.8 Statutory Conformity 20.8.1 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. 20.9 Advertising 20.9.1 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. 20.10 Indemnification 20.10.1 VENDOR shall defend,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. 20.11 Warranty of Non Infringement 20.11.1 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. 20.11.2 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). 20.11.3 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). 20.12 Insurance Requirements 20.12.1 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. 20.13 Compliance with Laws 20.13.1 In fulfilling the terms of this Purchase Order,VENDOR agrees that it will comply with all federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non. exhaustive example, this shall include the American with Disabilities Act and all prohibitions against discrimination on the basis of race,religion,sex creed,national origin,handicap,marital status,or veterans' status. Further, VENDOR acknowledges and without exception or stipulation shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324,et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to 9 17-7105R Baseball and Softball Officials 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. 20.14 Force Majeure 20.14.1 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. 20.15 Assignment 20.15.1 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. 20.16 Taxes 20.16.1 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. 20.17 Annual Appropriations 20.17.1 The COUNTY'S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 20.18 Termination 20.18.1 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. 20.19 General 20.19.1 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 20.19.2 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. 20.19.3 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. 20.19.4 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. 20.19.5 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. 10 17-7105R Baseball and Softball Officials ADDITIONAL TERMS AND CONDITIONS FOR ITB 21.0 INSURANCE AND BONDING REQUIREMENTS 21.1 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. 21.2 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. 21.3 Collier County shall be responsible for purchasing and maintaining,its own liability insurance. 21.4 Certificates issued as a result of the award of this solicitation must identify"For any and all work performed on behalf of Collier County." 21.5 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. 21.6 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 21.7 The amounts and types of insurance coverage shall conform to the minimum requirements set forth in Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If 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. 21.8 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. 21.9 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 hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 21.10 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. 21.11 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. 11 17-7105R Baseball and Softball Officials 22.0 ADDITIONAL ITEMS AND/OR SERVICES 22.1 Additional items and / or services may be added to the resultant contract, or purchase order, in compliance with the Procurement Ordinance. 23.0 VENDOR PERFORMANCE EVALUATION 23.1 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. 24.0 ADDITIONAL TERMS AND CONDITIONS OF CONTRACT 24.1 The selected Vendor may be required to sign a standard Collier County contract. 24.2 The resultant contract(s)may include purchase or work orders issued by the County's project manager. 24.3 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. 24.4 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. 25.0 PUBLIC RECORDS COMPLIANCE 25.1 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 25.2 The Contractor must specifically comply with the Florida Public Records Law to: 25.2.1 Keep and maintain public records required by the public agency to perform the service. 25.2.2 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. 25.2.3 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. 25.2.4 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. 26.0 PAYMENT METHOD 26.1 Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor's invoices must include: 12 17-7105R Baseball and Softball Officials 26.1.1 Purchase Order Number 26.1.2 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 East,Suite 700 Naples FL 34112 Or Emailed to: bccapclerk(a�collierclerk.com 26.2 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. 26.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees)to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 26.4 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. 27.0 ENVIRONMENTAL HEALTH AND SAFETY 27.1 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. 27.2 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. 27.3 All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. 27,4 All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28.0 LICENSES 28.1 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. 28.2 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. 28.3 If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required occupational licenses, please contact the Tax Collector's Office at(239)252-2477. 29.0 SURVIVABILITY 29.1 Purchase Orders: The Vendor agrees that any Purchase Order that extends beyond the expiration date of the original Solicitation 17-7105R Baseball and Softball Officials will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Purchase Order. 13 17-7105R Baseball and Softball Officials 30.0 RELATION OF COUNTY 30.1 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. 31.0 TERMINATION Should the Vendor 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. 32.0 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 vendor 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. 33.0 SECURITY AND BACKGROUND CHECKS 33.1 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. 33.2 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. 33.3 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. 33.4 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. 34.0 CONFLICT OF INTEREST Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this ITB 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. 35.0 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,ITB,and/or quotes;and,c.immediate termination of any contract held by the individual and/or firm for cause. 14 17-7105R Baseball and Softball Officials 36.0 DEDUCTION FOR NON-PERFORMANCE The County reserves the right to deduct a portion of any invoice for goods not delivered, or services not performed in accordance with requirements,including required timeframe.The County may also deduct,or chargeback the Vendor the costs necessary to correct the deficiencies directly related to the Vendor's non-performance. 37.0 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. 38.0 FLORIDA WOOD PRODUCTS The Vendor/Contractor agrees to comply with Florida Statute 255.20 to provide lumber, timber and other forest products produced and manufactured in the State of Florida as long as the price,fitness and quality are equal. 39.0 STANDARDS OF CONDUCT The Vendor shall employ people to work on County projects who are neat, clean,well-groomed and courteous. Subject to the American with Disabilities Act, Vendor shall supply competent employees who are physically capable of performing their employment duties.The County may require the Vendor to remove an employee it deems careless,incompetent,insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 40.0 PROTECTION OF PROPERTY The Vendor shall ensure that the service is performed in such manner as to not damage any property. In the event damage occurs to any property as a direct result of the Vendor or their Sub vendor in the performance of the required service, the Vendor shall repair/replace,to the County's satisfaction, damaged property at no additional cost to the County.If the damage caused by the Vendor or their Sub vendor has to be repaired/replaced by the County, the cost of such work will be deducted from the monies due the Vendor. The County's project manager shall coordinate with the Vendor / Contractor the return of any surplus assets, including materials,supplies,and equipment associated with the scope or work. 41.0 MAINTENANCE OF TRAFFIC POLICY For all projects that are conducted within a Collier County Right-of-Way, the Vendor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices(MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards(DS)on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through the Risk Management and/or Procurement Services Division and are available on-line at colliergov,net/purchasing. The Vendor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic("MOT")policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten(10)days of receipt of Notice of Award. 42.0 DEBRIS Vendor shall be responsible for the removal and disposal of all debris from the site and the cleaning of the affected areas. Vendor shall keep the premises free of debris and unusable materials resulting from their work and as work progresses;or upon the request of the County's representative, shall remove and dispose such debris and materials from the property.The Vendor shall leave all affected areas as they were prior to beginning work. 43.0 DIRECT MATERIAL PURCHASE 43.1The County reserves the right to require Vendor to assign some or all of its agreements with material suppliers directly to the County. Any such goods and/or materials purchased by the County pursuant to such an assignment of a material supply agreement shall be referred to as"County Furnished Materials"and the responsibilities of both the County and the Vendor relating to said materials shall be governed by the terms and conditions of this solicitation. Additionally, the County at its sole option may choose to purchase some or all of the goods and/or materials from other suppliers.In either instance the County may require the following information from the Vendor: 43.1.1 Required quantities of material 43.1.2Specifications relating to goods and/or materials required for job including brand and/or model number or type if applicable 15 17-7105R Baseball and Softball Officials 43.1.3Pricing and availability of goods and/or materials provided under Vendor's agreements with material suppliers 44.0 GRANT COMPLIANCE The purchase of any goods and/or services that are funded through Federal Grant Appropriations,the State of Florida,or any other public or private foundations shall be subject to the compliance and reporting requirements of the granting agency. 45.0 EOUIPMENT Vendor shall have available and in good working condition, the necessary equipment to perform the required service. If required by the County,the Vendor shall supply a list of equipment and an hourly rate for each.Hourly rates will commence once equipment arrives at the service site,unless otherwise agreed in writing by the Project Manager. In the event that additional specialized and/or heavy equipment(backhoe,crane,mudhog,etc.) is needed,the Project Manager must be notified in advance for approval. The reimbursement of additional equipment expense shall be at cost and will commence once equipment arrives at the service site, unless otherwise agreed in writing by the Project Manager.The County reserves the right to request and obtain documentation of the Vendor's cost for time and material projects, and to withhold payments until documentation is provided. All County-purchased equipment must be new and of current manufacture in production at the time of bid opening,and carry industry standard warranties. At the time of delivery, at least two (2) complete shop repair manuals and parts lists must be furnished with each type of equipment. Vendor must service all equipment prior to delivery and/or acceptance by the County. The scope of these specifications is to ensure the delivery of a complete unit ready for operation. Omission of any essential detail from these specifications does not relieve the Vendor from furnishing a complete unit. 46.0 STORAGE TANK INSTALLATION AND CLOSURE REOUIREMENTS The contractor shall ensure compliance with all NFPA regulations: specifically 110 &30/30A;FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 & 403 Florida Statutes; and STI, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining to the storage of hazardous materials and petroleum products. The contractor shall notify the Solid & Hazardous Waste Management Department (SHWMD) prior to the installation, removal,or maintenance of any storage tank,including day tanks for generators,storing/will be storing petroleum products or hazardous materials. The contractor shall provide a 10 day and 48 hour notice to SHWMD 239-252-2508 prior to commencement. The contractor shall provide the plans pertaining to the storage tank systems containing hazardous materials / petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to contractor's submittal for permitting. 47.0 62-761.300 APPLICABILITY 47.1General Requirements: 47.1.1Underground storage tank systems: The requirements of this Chapter, unless specified otherwise, apply to owners and operators of facilities,or owners and operators of UST systems with individual storage tank capacities greater than110 gallons that contain or contained: (1) Vehicular fuel,subject to Chapter 17-61,F.A.C.,after May 21, 1984 (2) Pollutants or hazardous substances after December 10, 1990;or (3) Regulated substances in unmaintained storage tank systems. 47.1.2This rule is applicable to non-residential facilities. Under 40 C.F.R. 280, residential tanks greater than 1100 gallons containing motor fuels are subject to Federal UST rules (advisory information only-not required by this Chapter). 48.0 62-762.301,F.A.C.APPLICABILITY 48.1 General Requirements: 48.1.1 Aboveground storage tank systems:The requirements of this chapter,unless specified otherwise,apply to owners and operators of facilities,or owners and operators of aboveground stationary storage tank systems with individual storage tank capacities greater than 550 gallons that contain or contained:Vehicular fuel,subject to Chapter 17-61, F.A.C.,after May 21, 1984 (1) Vehicular fuel,subject to Chapter 17-61,F.A.C.,after May 21, 1984; (2) Pollutants after March 12, 1991;or (3) Pollutants in unmaintained storage tank systems. 16 17.7105R Baseball and Softball Officials 48.1.2Aboveground compression vessels and hazardous substance storage tank systems: Owners and operators of compression vessels and hazardous substance storage tanks with capacities of greater than 110 gallons containing hazardous substances are only required to comply with subsections 62-762.401(1)-(2),F.A.C. 48.1.3Aboveground mineral acid storage tank systems: Owners and operators of facilities, or owners and operators of aboveground mineral acid storage tank systems with capacities of greater than 110 gallons containing mineral acids are only required to comply with Rule 62-762.891,F.A.C. 49.0 DEFINITIONS 62-761.200(11) and 62-762.201(16). F.A.C.: "County" means a locally administered program under contract with the Department to perform compliance verification activities at facilities with storage tank systems. 62-761.200(48) and 62-762.201(62). F.A.C.: "Pollutants" includes any "product" as defined in Section 377.19(11), F.S., pesticides,ammonia,chlorine and derivatives thereof,excluding liquefied petroleum gas. 62-761.200(51)and 62-762.201(65). F.A.C.: "Product"as defined in Section 377.19(11), F.S., means any commodity made from oil or gas and includes refined crude oil, crude tops, topped crude, processed crude petroleum, residue from crude petroleum,cracking stock,uncracked fuel oil, fuel oil,treated crude oil,residuum,gas oil, casing head gasoline,natural gas gasoline, naphtha, distillate, condensate, gasoline, used oil, kerosene, benzene, wash oil, blended gasoline, lubricating oil, blends or mixtures of oil with one or more liquid products or byproducts derived from oil or gas,and blends or mixtures of two or more liquid products or byproducts derived from oil or gas,whether hereinabove enumerated or not. 62-761(73) and 62-762(84). F.A.C.: "Vehicular fuel" means a petroleum product used to fuel motor vehicles, including aircraft,watercraft and vehicles used on and off roads and rails. END OF ADDITIONAL.TERMS AND CONDITIONS FOR ITB 17 17-7105R Baseball and Softball Officials Co ler County Administrative Services Department Procurement services Division COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS INVITATION TO BID (ITB) FOR 17-7105R SOLICITATION NO.: Baseball and Softball Officials VIVIANA GIARIMOUSTAS, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-8375 VivianaGiarimoustas@colliergov.net (Email) This solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Consultant may be grounds for rejection of proposal,cancellation of any subsequent award,or any other legal remedies available to the Collier County Government. Attachment A-Scope of Work/Services and Technical Specifications Detailed Scope of Work These specifications are intended to provide information so that bidders may understand the requirements of the Division as it relates to furnishing certified officials on an as needed basis. The officials must wear a uniform while umpiring the games. The number of officials required at all games for Men, Coed, and Church Leagues will be two (2). Only one (1) official will be required for the Women,Country Club and 35 and older leagues.This determination will take place during the mandatory team coaches meeting for the leagues which are set approximately one month prior to the start of the season. It is estimated that officials will be requested for a maximum of seventy-five (75)games per week.The Parks and Recreation Division will provide a regular season schedule four(4)days prior to start of the season. Vendor will be required to provide a list of certified umpires with contact information upon being awarded.If a game is cancelled or postponed;the Division will contact the official two(2)hours prior to game time. The Contractor is to insure that all personnel utilized for officiating services are knowledgeable in all applicable rules and regulations, as they pertain to this sports activity. Such officials must have a complete understanding and knowledge in the methods of common scorekeeping practices for the sports activity in question.At the option of the County,such officials may be tested as to their knowledge of these rules and procedures. In the case of a protested game where the protest is upheld,the game shall be replayed in accordance with applicable league play from the point of protest. Officiating services for such games shall be provided at no additional cost to the County. Officiating Procedures Officials shall arrive at the game site in the proper uniform a minimum of fifteen(15)minutes prior to the schedule time for the first game. Delays or interrupted start-up time, caused by the failure of a timely arrival, may result in one-half of the game fee being forfeited and returned to the County as a penalty. Complete and sign a score report card at the end of each serviced game.This card will be deposited in a designated area at the conclusion of the last daily scheduled game. In the event of a forfeited or cancelled game, the umpires scheduled for such games will be required to move to another field and work a two(2)man umpiring crew or umpire a practice game.The decision for such action will be solely at the discretion of the County's Program Supervisor. The County reserves the right to observe and critique any and all umpire performance at any given time. If performance is unsatisfactory the county has the right to remove any umpire who fails to perform his/her duties as defined in the contract or for any behavior deemed inappropriate by the County. Specifications The successful Contractor shall be responsible to provide umpire services for all regularly scheduled Collier County Parks & Recreation Division adult league softball games. This shall include all regular, playoff and tournament league games. Contractor shall provide qualified and accredited umpires from the accredited softball associations. The officiating body must hold NSA, ASA, ISPS, or USSSA Certification to be considered and will be the governing body for the rules and regulations for Collier County Parks and Recreation Division softball leagues and as such;all officials must: 1. Possess knowledge of their current rules and Collier County rules in order to make good judgment calls. a. Umpires must be certified,sanctioning organization is required to provide names and certifications of all umpires that will be officiating games along with their submittal. 2. Control and supervise all aspects of the game and or spectators while umpiring. 3. Umpires must conduct a Coach's conference at home plate prior to the game to collect team line-up cards, team player cards,and review ground rules for the game. 4. Umpires must score games and announce score every one-half inning while keeping track of inning,outs, balls and strikes. 5. Submit a Collier County scorecard to the softball staff on duty at the conclusion of the games for the evening.Both the home plate and base umpires are required to approve and sign each game score card. 6. Report any unsportsmanlike conduct in writing to the NCRP softball staff.Provide a standard form for this circumstance. Unsportsmanlike conduct is defined as conduct or bad sportsmanship that is foul or offensive. This can be anything that violates a sport's generally accepted rules of sportsmanship and participant conduct. 7. Represent the umpires at the organizational meetings held throughout the year for all leagues.The Division will provide notification of these meetings one week in advance. The County reserves the right to add/remove properties during the term of the award.The selected vendor is required to provide the indicated services at ALL County selected playing fields in order to maintain compliance with the awarded contract. Required facilities include but are not limited to: Corkscrew Elementary 1065 County Rd 858,Naples,FL 34120 Eagle Lakes Community Park 11565 Tamiami Trail E,Naples,FL 34112 East Naples Community Park 3500 Thomasson Drive,Naples,FL 34112 Golden Gate Community Park 3300 Santa Barbara Blvd,Naples,FL 34116 Immokalee Community Park 321 N 1st Street,Immokalee,FL 34142 Max Hasse Community Park 3390 Golden Gate Blvd W,Naples,FL 34117 North Collier Regional Park 15000 Livingston Road,Naples,FL 34109 Sabal Palm Elementary 4095 18th Ave NE,Naples,FL 34120 Veterans Community Park 1895 Veterans Park Drive,Naples,FL 34109 Vineyards Community Park 6231 Arbor Blvd W,Naples,FL 34119 EXHIBIT B- FEE SCHEUDLE Description All Inclusive Flat Fee Per Game for 1 Official — Year 1 $27 per umpire Per Game for 1 Official —Year 2 $28 per umpire Per Game for 1 Official — Year 3 $29 per umpire Immokalee County Park $40 per umpire Page 11 of 11 17-7105R Baseball and Softball Officials Collier Recreation Baseball/Softball Umpires Association, Inc. AO Rte® CERTIFICATE OF LIABILITY INSURANCE DA X20 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER_THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Westpoint Insurance Group, Ltd. ONE (me N E,2y. (800)318-7709 FAX No):(7081636-3915 5920 W. 111th St E-MAIL ADDRESS: INSURERS)AFFORDING COVERAGE NAIC# Chicago Ridge IL 60415 INSURER A:Houston Casualty Co. INSURED INSURER B: INSURER C: National Softball Association INSURERD: P.O. Box 7 INSURER E: Nicholasville KY 40340 INSURER F: COVERAGES CERTIFICATE NUMBER:CL171407842 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POUCY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVQ POUCY NUMBER. (MMIDD(YYYY)JMMIDD!YYYY)_ LIMITS A GENERALUABILITY X 17/7005175 01/01/2017 01/01/2018 EACH OCCURRENCE $ 3,000,000 DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ 300,000 ■■ CLAIMS-MADE X OCCUR MED EXP(Any one person) S 1111 PERSONAL&ADV INJURY $ 3,000,000 GENERAL AGGREGATE S. 4,000,000 GENLAGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG. S 3,000,000 POLICY f.)FOT- n LOC PARTICIPANT LEGAL LIAB $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE OMIT (Ea acddent) S ■ANY AUTO BODILY INJURY(Per person) S ■ ALLOWNED SCHEDULED BODILY INJURY accident) $ AUTOS AUTOS (Per NON-OWNED PROPERTY DAMAGE ■ HIRED AUTOS _AUTOS (Per accident) , $ I _ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE 5 — ■ EXCESS UAB CLAIMS-MADE AGGREGATE $ DED RETENTIONS _ $ WORKERS COMPENSATION I WC STATU- OTH- AND EMPLOYERS'UABIUTY Y/N !TORY LIMITS ER ANY PROPRIETCRIPARTNER/EXECUTIVE E.L.EACH ACCIDENT S OFFICERJMEMBER EXCLUDED? N/A (Mandatory in NH) E.L DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) The certificate holder is named as additional insured with respects to the NSA sanctioned events. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Collier County Board of ACCORDANCE WITH THE POLICY PROVISIONS. County Commissioners AUTHORIZED REPRESENTATIVE 3299 East Tamiami Trail Suite 303 Naples, FL 34112 Terri Tomasik/HAM "'r "' —Q -'-- t_ ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025 miln(k51 m Thm arttlRrl name.anri Innn arn rnnicfarari markt of Annan