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Agenda 01/09/2018 Item #16E 101/09/2018 EXECUTIVE SUMMARY Recommendation to award Invitation to Bid (ITB) #17-7173 “2018 Computer Supplier for Collier County” to Staples Contract & Commercial, Inc. and Computers at Work! Inc. d/b/a vTECHio. OBJECTIVE: To purchase new and replacement desktop, tablet and notebook computers used by various County Departments / Divisions. CONSIDERATION: The Information Technology Division is responsible for establishing standard computer types for the Collier County Departments / Divisions. The agency procures computers to meet new business needs and replaces computers at the end of their useful life. On August 7, 2017, the Procurement Services Division released notices of Invitation to Bid No. 17 -7173 to 460 vendors for 2018 Computers for Collier County. Sixty-seven (67) bid packages were downloaded, and eight (8) bids were received on September 22, 2017. County staff determined the lowest responsive and responsible bidders per category to be Staples Contract & Commercial, Inc., and Computers at Work Inc. as shown in the table below. Troxell Communications, MRA International, Howard Technology Solutions, Aprisa, and B2 Solutions were all missing specifications required per scope of work. AKA Comp Solutions rescinded its offer October 9, 2017. Category 4 (2 in 1 Laptop/Tablet) is a partial award and 4.1 will be the only item awarded for that category. No alternates will be awarded. Vendor Description Unit Price Computers at Work 2 in 1 Laptop/Tablet $1,564.46 Staples Standard Desktop $662.98 Computers at Work Power Desktop $1,829.12 Computers at Work Standard Laptop $1,574.69 All County Departments/Divisions will utilize this award under the advisement of the IT Department. Purchase Orders, with the County’s standard terms and conditions, will be issued for this award. The award is for a one (1) year term. Prices shall remain firm for the term of the award. FISCAL IMPACT: Funds are available in 506-121160-50079 PC Replacement in the amount of $222,508.59. Funds are also budgeted in the Division’s individual operating costs. GROWTH MANAGEMENT IMPACT: There are no Growth Management Impacts associated with this action. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval. -SRT RECOMMENDATION: To award ITB #17-7173 “2018 Computer Supplier for Collier County,” to Staples Contract & Commercial, Inc., and Computers at Work Inc. d/b/a vTECHio, for the purchase of desktop, tablet and notebook computers. Prepared By: Anthony DeLuca, IT Service Desk Supervisor, Information Technology Division ATTACHMENT(S) 1. 17-7173 Solicitation (PDF) 2. 17-7173 Scope of Services 7 8 2017 (PDF) 16.E.1 Packet Pg. 829 01/09/2018 3. 17-7173 Bid Tabulation (PDF) 4. 17-7173 NORA (PDF) 16.E.1 Packet Pg. 830 01/09/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.E.1 Doc ID: 4238 Item Summary: Recommendation to award Invitation to Bid (ITB) #17-7173 “2018 Computer Supplier for Collier County” to Staples Contract & Commercial, Inc. and Computers at Work! Inc. d/b/a vTECHio. Meeting Date: 01/09/2018 Prepared by: Title: – Information Technology Name: Tony Deluca 11/20/2017 2:47 PM Submitted by: Title: Division Director - Information Tech – Information Technology Name: Mike Berrios 11/20/2017 2:47 PM Approved By: Review: Procurement Services Barbara Lance Level 1 Purchasing Gatekeeper Completed 11/21/2017 4:52 PM Procurement Services Ted Coyman Additional Reviewer Completed 11/21/2017 5:17 PM Procurement Services Viviana Giarimoustas Additional Reviewer Completed 11/27/2017 12:06 PM Administrative Services Department Paula Brethauer Level 1 Division Reviewer Completed 11/27/2017 1:57 PM Procurement Services Swainson Hall Additional Reviewer Completed 12/15/2017 2:47 PM Information Technology Mike Berrios Additional Reviewer Completed 12/19/2017 6:06 PM Administrative Services Department Len Price Level 2 Division Administrator Review Completed 12/21/2017 5:34 PM County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 12/28/2017 8:48 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 12/28/2017 9:09 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/28/2017 2:24 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 01/02/2018 8:39 AM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 01/02/2018 10:00 AM Board of County Commissioners MaryJo Brock Meeting Pending 01/09/2018 9:00 AM 16.E.1 Packet Pg. 831 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS INVITATION TO BID (ITB) FOR Fiscal Year 2018 Computers for Collier County SOLICITATION NO.: 17-7173 RHONDA BURNS, FCCN, CPPB, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-8941 RhondaBurns@colliergov.net (Email) This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. 16.E.1.a Packet Pg. 832 Attachment: 17-7173 Solicitation (4238 : Invitation to Bid (ITB) 17-17-7173 "2018 Computer Supplier for Collier County") ITB 17-7173 Computers 2 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 Equal Product 9.0 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 ITB 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 Collier County Information Technology Requirements 43.0 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 RFP Forms 16.E.1.a Packet Pg. 833 Attachment: 17-7173 Solicitation (4238 : Invitation to Bid (ITB) 17-17-7173 "2018 Computer Supplier for Collier County") ITB 17-7173 Computers 3 SOLICITATION PUBLIC NOTICE INVITATION TO BID (ITB) NUMBER: 17-7173 PROJECT TITLE: Fiscal Year 2018 Computers for Collier County PRE-BID CONFERENCE: Not applicable LOCATION: Not applicable to this solicitation BID OPENING DAY/DATE/TIME: Thursday, September 7, 2017 at 2:30 PM Naples Local Time PLACE OF BID OPENING: PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FL 34112 1.0 INTRODUCTION As requested by the Information Technology 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 Specificat ions or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Procurement Ordinance. The County is seeking competitive responses from experienced Information Technology vendors in supplying a large volume of high quality notebook and desktop computers compatible with existing infrastructure. Historically, County departments have spent approximately $500,000 annually; however, this may not be indicative of future buying patterns. 2.0 BACKGROUND The Information Technology Division looks to replace computers, near or at the end of its expected useful life, as well as purchase an undetermined amount of replacement units as needed during the normal course of business. This invitation to bid will als o serve to identify a reliable supplier for pre-approved configurations in the event other departments within the County wish to purchase hardware using departmental funds throughout the year. 3.0 TERM OF CONTRACT The contract term, if an award(s) is/are made is intended to be for one (1) year only. Prices shall remain firm for the term of this contract. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. 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 r eceipt of the goods by the COUNTY nonetheless remain with VENDOR. 16.E.1.a Packet Pg. 834 Attachment: 17-7173 Solicitation (4238 : Invitation to Bid (ITB) 17-17-7173 "2018 Computer Supplier for Collier County") ITB 17-7173 Computers 4 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 in each category for each of the four systems (categories 1, 2, 3, and 4). Bid may be awarded to multiple vendors as outlined below: The vendor that has the overall lowest total for each category will be recommended for award. 4.4 Collier County reserves the right to select one, or more than one suppliers, award on a line item basis; however, it is the intent to: Select multiple awardees, dependent upon the lowest price per category. 4.5 The County reserves the right to issue a forma l contract or standard County Purchase Order for the award of this solicitation. 16.E.1.a Packet Pg. 835 Attachment: 17-7173 Solicitation (4238 : Invitation to Bid (ITB) 17-17-7173 "2018 Computer Supplier for Collier County") ITB 17-7173 Computers 5 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 rej ected 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 altern ates 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 EQUAL PRODUCT Manufacturer’s name, brand name and/or mode l number are used in these specifications for the purpose of establishing minimum requirements of level of quality, standards of performance and/or design required, and is in no way intended to prohibit the bidding of other manufacturer’s items of equal or similar material. An equal or similar product may be bid, provided that the product is found by the County to be equal or similar in quality, standard of performance, design, etc. to the item specified. Where an equal or similar is bid, the Bid must be accompanied with two (2) complete sets of factory information sheets (specifications, brochures, etc.) and test results, if applicable, of unit bid as equal or similar. Equal product samples, if required for evaluation, and at no cost to the County, the vendor must contact the Procurement Services Division for instructions on submittal. The County shall be sole judge of equality or similarity, and its decision shall be final in the best interest. 9.0 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. 10.0 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. 11.0 BID SUBMISSION All electronic bids shall be submitted online via the Collier County Procurement Services Division Online Bidding System: www.colliergov.net/bid 12.0 QUESTIONS If the vendor should be of the opinion that the meaning of any part o f 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 I nternet website: www.colliergov.net/bid. Questions will not be answered after the date and time noted. 16.E.1.a Packet Pg. 836 Attachment: 17-7173 Solicitation (4238 : Invitation to Bid (ITB) 17-17-7173 "2018 Computer Supplier for Collier County") ITB 17-7173 Computers 6 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. 13.0 REFERENCES The County requests that the vendor submits no fe wer than three (3) and no more than ten (10) completed reference forms from clients whose products/services are of a similar nature to this solicitation as a part of their bid. 14.0 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. 15.0 LOCAL VENDOR PREFERENCE (LVP) 15.1 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. 15.2 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 Col lier 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 Off ice 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 v endor 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. 15.3 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 contrar y, Collier County and its agencies and instrumentalities, will give preference to local businesses in the following manner. 15.4 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. W hen a qualified and responsive, non-local business submits the lo we st 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 b y the overall lo west, qualified and responsive bidder. In such instances, staff shall first verify if the lowest non- local bidder and the lo we st local bidder are in fact qualified and responsive bidders. Next, the Procurement Services Division shall determine if the lo we st 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 da ys thereafter. If the lo west local bidder submits an offer that full y matches the lo west bid, less one (1) dollar, fr o m the lo west non-local bidder tendered previousl y, then award shall be made to the local bidder. If the lo west local bidder declines or is unable to match the lowe st 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. 15.5 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. 15.6 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. 15.7 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 16.E.1.a Packet Pg. 837 Attachment: 17-7173 Solicitation (4238 : Invitation to Bid (ITB) 17-17-7173 "2018 Computer Supplier for Collier County") ITB 17-7173 Computers 7 requirements. 16.0 IMMIGRATION AFFIDAVIT CERTIFICATION 16.1 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 (ITB) including professional services and construction services. 16.1.1Exceptions 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 16.2 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 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. 16.3 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. 16.4 For additional information regarding the Employment Eligibility Verification Sy stem (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. 16.5 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. 17.0 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 fin al 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. 18.0 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 authori ty 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. 19.0 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 t he 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. 20.0 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. 16.E.1.a Packet Pg. 838 Attachment: 17-7173 Solicitation (4238 : Invitation to Bid (ITB) 17-17-7173 "2018 Computer Supplier for Collier County") ITB 17-7173 Computers 8 21.0 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 pa rt of any bid, proposal, or offer, and to increase or decre ase 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 o r 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 16.E.1.a Packet Pg. 839 Attachment: 17-7173 Solicitation (4238 : Invitation to Bid (ITB) 17-17-7173 "2018 Computer Supplier for Collier County") ITB 17-7173 Computers 9 22.0 COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS 22.1 Offer 22.1.1 This offer is subject to cancellation by the COUNTY without notice if not accepted by VENDOR within fourteen (14) days of issuance. 22.2 Acceptance and Confirmation 22.2.1 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. 22.2.2 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. 22.3 Inspection 22.3.1 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 ret urned pursuant to VENDOR'S instruction at VENDOR’S expense. 22.3.2 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. 22.4 Shipping and Invoices 22.4.1 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. 22.4.2 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. U nless freight and other charges are itemized, any discount will be taken on the full amount of invoice. 22.4.3 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. 22.4.4 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, pur suant to the Board of County Commissioners Purchasing Policy. 22.5 Time Is Of the Essence 22.5.1 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. 22.6 Changes 22.6.1 The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such 16.E.1.a Packet Pg. 840 Attachment: 17-7173 Solicitation (4238 : Invitation to Bid (ITB) 17-17-7173 "2018 Computer Supplier for Collier County") ITB 17-7173 Computers 10 change increase or decrease the cost of, or the time required for performance of the Purchase Order, an equitabl e adjustment in the price and/or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing, VENDOR has an affirmative obligation to give notice if the changes will decrease costs. Any claims for adjustment by VENDOR must be made within thirty (30) days from the date the change is ordered or within such additional period of time as may be agreed upon by the parties. 22.7 Warranties 22.7.1 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. 22.8 Statutory Conformity 22.8.1 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 r egulation noted on the face of the Purchase Order. 22.9 Advertising 22.9.1 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 na me or other identifying marks or property without the prior written consent of the COUNTY’S Purchasing Department. 22.10 Indemnification 22.10.1 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 dama ge 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. 22.11 Warranty of Non Infringement 22.11.1 VENDOR represents and warrants that all goods sold or services pe rformed 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. 22.11.2 VENDOR shall indemnify and hold harmless the COUNTY from and a gainst 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 Purch ase Order are inconsistent with VENDOR'S representations and warranties in section 11 (a). 22.11.3 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). 22.12 Insurance Requirements 22.12.1 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. 22.13 Compliance with Laws 22.13.1 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 sha ll have the discretion to unilaterally terminate said agreement immediately. Any breach of this provision may be regarded by the 16.E.1.a Packet Pg. 841 Attachment: 17-7173 Solicitation (4238 : Invitation to Bid (ITB) 17-17-7173 "2018 Computer Supplier for Collier County") ITB 17-7173 Computers 11 COUNTY as a material and substantial breach of the contract arising from this Purchase Order. 22.14 Force Majeure 22.14.1 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 o r 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. 22.15 Assignment 22.15.1 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. 22.16 Taxes 22.16.1 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. 22.17 Annual Appropriations 22.17.1 The COUNTY’S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 22.18 Termination 22.18.1 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 wit h notice of such breach and VENDOR has failed to cure within 10 days of receipt of such notice. 22.19 General 22.19.1 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 22.19.2 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. 22.19.3 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. 22.19.4 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. 22.19.5 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. 16.E.1.a Packet Pg. 842 Attachment: 17-7173 Solicitation (4238 : Invitation to Bid (ITB) 17-17-7173 "2018 Computer Supplier for Collier County") ITB 17-7173 Computers 12 ADDITIONAL TERMS AND CONDITIONS FOR ITB 23.0 INSURANCE AND BONDING REQUIREMENTS 23.1 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. 23.2 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. 23.3 Collier County shall be responsible for purchasing and maintaining, its own liability insurance. 23.4 Certificates issued as a result of the award of this solicitation must identify “For any and all work performed on behalf of Collier County.” 23.5 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. 23.6 Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificat es 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 23.7 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. 23.8 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. 23.9 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 l imit reinstated to the full extent permitted under such policy. 23.10 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 co verage(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. 23.11 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. 24.0 ADDITIONAL ITEMS AND/OR SERVICES 16.E.1.a Packet Pg. 843 Attachment: 17-7173 Solicitation (4238 : Invitation to Bid (ITB) 17-17-7173 "2018 Computer Supplier for Collier County") ITB 17-7173 Computers 13 24.1 Additional items and / or services may be added to the resultant contract, or purchase order, in compliance with the Procurement Ordinance. 25.0 VENDOR PERFORMANCE EVALUATION 25.1 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. 26.0 ADDITIONAL TERMS AND CONDITIONS OF CONTRACT 26.1 The selected Vendor may be required to sign a standard Collier County contract. 26.2 The resultant contract(s) may include purchase or work orders issued by the County’s project manager . 26.3 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. 26.4 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. 27.0 PUBLIC RECORDS COMPLIANCE 27.1 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 The Contractor must specifically comply with the Florida Public Records Law to: Keep and maintain public records required by the public agency to perform the servi ce. 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. 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 follow ing completion of the contract if the Contractor does not transfer the records to the public agency. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronicall y 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. 28.0 PAYMENT METHOD 28.1 Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor’s invoices must include: 28.1.1 Purchase Order Number 16.E.1.a Packet Pg. 844 Attachment: 17-7173 Solicitation (4238 : Invitation to Bid (ITB) 17-17-7173 "2018 Computer Supplier for Collier County") ITB 17-7173 Computers 14 28.1.2 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@collierclerk.com 28.2 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. 28.3 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. 28.4 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 r ight to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 29.0 ENVIRONMENTAL HEALTH AND SAFETY 29.1 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. 29.2 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. 29.3 All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. 29.4 All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 30.0 LICENSES 30.1 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 a ctivities 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 occupatio nal license. 30.2 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 w ill need to be renewed thereafter to remain “active” in Collier County. 30.3 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. 31.0 SURVIVABILITY Purchase Orders: The Vendor agrees that any Purchase Order that extends beyond the expiration date of the original Solicitation 17-7173 will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Purchase Order. 32.0 RELATION OF COUNTY 16.E.1.a Packet Pg. 845 Attachment: 17-7173 Solicitation (4238 : Invitation to Bid (ITB) 17-17-7173 "2018 Computer Supplier for Collier County") ITB 17-7173 Computers 15 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. 33.0 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. 34.0 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. 35.0 SECURITY AND BACKGROUND CHECKS 35.1 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 req uired to maintain records on each employee and make them available to the County for at least four (4) years. 35.2 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. 35.3 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. 35.4 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. 36.0 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 fir m from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 37.0 PROHIBITION OF GIFTS TO COUNTY EMPLOYEES No organization or individual shall offer or give, either directly or indi rectly, 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 pro vision 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 b usiness 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. 38.0 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 16.E.1.a Packet Pg. 846 Attachment: 17-7173 Solicitation (4238 : Invitation to Bid (ITB) 17-17-7173 "2018 Computer Supplier for Collier County") ITB 17-7173 Computers 16 necessary to correct the deficiencies directly related to the Vendor’s non -performance. 39.0 OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES Collier County encourages and agrees to the successful vendor extending the pricing, terms and conditions of this solicitatio n or resultant contract to other governmental entities at the discretion of the successful vendor. 40.0 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. 41.0 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 C ollier County projects is not in the best interest of the County. 42.0 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 th e 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 damag e caused by the Vendor or their Sub vendor has to be r epaired/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. 43.0 COLLIER COUNTY INFORMATION TECHNOLOGY REQUIREMENTS All vendor access will be done via VPN access only. All access must comply with current published County Manager Agency (CMA) policies. Current policies that apply are CMAs 5402, 5403 and 5405. These policies will be available upon request from the Information Technology Department. All vendors will be required to adhere to IT policies for access to the County network. Vendors are required to notify the County in writing twenty-four (24) hours in advance as to when access to the network is planned. Included in this request must be a detailed work plan with actions that will be taken at the time of access. The County IT Department has developed a Technical Architecture Requirements Document that is required to be filled out and submitted with your bid response. This document can be found on the Collier County Procurement Services Division website: www.colliergov.net/purchasing. On the left hand side of the menu, click on CC Technical Requirements. If this document is not submitted with your bid response, your bid response may be deemed non -responsive. 43.1.1Required 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 43.1.3Pricing and availability of goods and/or materials provided under Vendor’s agreements with mater ial 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 EQUIPMENT 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 r ates 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, a nd 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 . 16.E.1.a Packet Pg. 847 Attachment: 17-7173 Solicitation (4238 : Invitation to Bid (ITB) 17-17-7173 "2018 Computer Supplier for Collier County") ITB 17-7173 Computers 17 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. END OF ADDITIONAL TERMS AND CONDITIONS FOR ITB 16.E.1.a Packet Pg. 848 Attachment: 17-7173 Solicitation (4238 : Invitation to Bid (ITB) 17-17-7173 "2018 Computer Supplier for Collier County") COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS INVITATION TO BID (ITB) FOR Fiscal Year 2018 Computers for Collier County SOLICITATION NO.: 17-7173 RHONDA BURNS, FCCN, CPPB, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-8941 RHONDABURNS@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. 16.E.1.b Packet Pg. 849 Attachment: 17-7173 Scope of Services 7 8 2017 (4238 : Invitation to Bid (ITB) 17-17-7173 "2018 Computer Supplier for Collier County") ITB 17-7173 2018 Computers 2 Attachment A - Scope of Work/Services and Technical Specifications Detailed Scope of Work The prospective bidder will be asked to provide pricing for the following products listed below: 1. Standard (desktop) PC with five (5) year warranty 2. GIS/CADD with five (5) year warranty 3. Laptops and docking stations as a complete unit with three (3) year warranty option, with and without accidental damage warranty, and Docking station as a separate unit with three(3) year warranty 4. 2-1(two in one) Windows tablet with a removable keyboard. The tablet should be priced with 8GB of memory and 16GB of memory with three (3) year warranty, with and without accidental damage warranty Please be sure to review the listed specifications carefully, and submit the quotes that meet or exceed Collier County’s specifications. To help minimize the number of different models in service, we request any submitted systems be available through September 30, 2018. Collier County requires a policy, in writing, which will provide for defective units, out of the box, a NO QUESTIONS ASKED EXCHANGE POLICY. All items purchased must be delivered in 15 business days after receiving a County Purchase Order (PO). Orders must be fulfilled directly by the awarded bidder and shall not be passed on to third parties or manufacturers for fulfillment. The Information Technology Division will order break-fix computers (Break-fix are the computers that IT buys to replace broken computers that are purchased by other divisions. IT will have the computers fixed and stored for the next computer to break. These are also referred to as the Service Desk replacement computers. The requirement for break-fix is that the same model or newer (in a particular category) will replace the computer that is broken for the County at the beginning of the contract. In the event of a product change in the middle of the year, the Information Technology Division shall be allowed to swap a percentage of the break -fix computers for the new model based on the remaining time left in the contract. Shipping must be included in the quoted price, FOB Destination, (the address will change pending the division that purchases the computer). HISTORICAL SPEND In the past the County typically purchases 25 desk tops, 500 lap tops, 80 notebooks and 35 GIS/CAD computers for a typical fiscal year total dollars of over $500,000.00 REQUIREMENTS CATEGORY 1 Standard PC (Desk top) Processor I5 Quad-core 7th generation or better Video Integrated Onboard video,1 VGA and 2 display ports (VGA Dongles included) 2 Display ports + VGA Dongles (version 1.2 or higher) 1 via 2 display Memory 8 GB RAM in one slot with an additional open slot 240 + GB SSD Optical Drive Optional Operating System Win10 External Ports 6 + USB Ports - 2+ must be USB 3 16.E.1.b Packet Pg. 850 Attachment: 17-7173 Scope of Services 7 8 2017 (4238 : Invitation to Bid (ITB) 17-17-7173 "2018 Computer Supplier for Collier County") ITB 17-7173 2018 Computers 3 Expansion Open PCIE expansion slot Case Small form factor with internal power supply Power Supply "80 Plus" category of efficiency will be given preference Speaker Internal speaker must be able to be disabled in bios without disabling all sound Input Devices Mouse and Keyboard must be USB Network Adapter GB Ethernet Audio Integrated sound Warranty Five (5) warranty on all components Accidental Damage Warranty Not Required CATEGORY 3 Laptop with Docking Station Screen Touch Screen 13.5 to 16.5" // must have capability to turn touch screen off Processor I5 Quad-core 7th generation or better Video Intel HD or dedicated video such as Mobile Radeon or nVidia NVS (512MB min) Memory 8 GB RAM in one slot with an additional open slot for expansion Hard Drive 240 + GB SSD Optical Drive Optional Operating System Windows 10 External Ports 2 or more USB Ports // One + 3.0 // One + powered Network Adapter GB Ethernet (On board or with included adapter & must be 802.1x compatible) Wireless Wi-Fi (802.11a/b/g/n)AC Bluetooth Optional Weight Thin form factor weigh under 3.5LBS CATEGORY 2 GIS/CAD Processor Xeon Processor Haswell Video CAD-Capable Video card 2GB+ VRAM: ATI Fire Pro or NVIDIA Quadra family Video ports must include VGA dongles Memory 32+ GB System RAM Hard Drive HDD (1 TB+) Storage disk SSD Optical Drive Optional Operating System Win 10 External Ports 6 + USB Ports - 2+ must be USB 3 Network Adapter GB Ethernet Input Devices Mouse and Keyboard must be USB Case Full sized case Power Supply 700W+ Expansion 1+ Open Full sized PCI Express slot Audio Integrated audio Warranty Five (5) year warranty on all components Accidental Damage Warranty Not Required 16.E.1.b Packet Pg. 851 Attachment: 17-7173 Scope of Services 7 8 2017 (4238 : Invitation to Bid (ITB) 17-17-7173 "2018 Computer Supplier for Collier County") ITB 17-7173 2018 Computers 4 Video Out 2 Display ports + VGA Dongles (version 1.2 or higher) Video ports must include VGA dongle Input Devices Full-feature Keyboard, Standard touch pad with buttons (Non Track Pad configuration ), mouse input, integrated Web cam Microphone Battery Whr Rating 80+ Battery Life 6 Hour Minimum Rating w/ Extended Life Battery Option 10 keypad 10 keypad on keyboard is not required Weight Not to exceed 3.5 lbs. Audio Stereo speakers Warranty Three (3) year and it must cover every part of the laptop and dock. Accidental Damage Warranty Required CATEGORY 3.1 Docking Station (compatible with Laptop above) Display Ports Display port with VGA Dongles (version 1.2+) External Ports When docked must support laptop screen and 3 external monitors Dock 4 or more USB Ports 2 or more must be USB 3 Network Adapter GB Ethernet Warranty Three (3) Year and it must cover every part of the docking station Accidental Damage Warranty Not Required CATEGORY 4. 2 in 1 Tablet Screen Touch Screen 9 to 14" with anti-glare // Must be able to detach from keyboard for tablet mode Processor I7 Quad-core 6th generation or better / quote with i5 Video Intel HD or dedicated video such as Mobile Radeon or nVidia NVS (512MB min) Video Out Must include VGA Dongles (1.2 or higher) Memory 8 GB RAM Hard Drive 256 + GB SSD // 512 quote Operating System Windows10 capable External Ports Full-size USB 3.0 Network Adapter Must have Ethernet port on device, keyboard, or docking station (GB & Port must be 802.1x compatible) Wireless Wi-Fi (802.11a/b/g/n)AC Bluetooth Bluetooth capable Input Devices Microphone Stereo speakers Must have attachable keyboard Battery Whr Rating 80+ Battery Life Battery life: 8 hours for handheld devices 16.E.1.b Packet Pg. 852 Attachment: 17-7173 Scope of Services 7 8 2017 (4238 : Invitation to Bid (ITB) 17-17-7173 "2018 Computer Supplier for Collier County") ITB 17-7173 2018 Computers 5 Weight Not to exceed 3.5 lbs. Camera Front and Rear camera Warranty Three (3) Year warranty must cover every part of the PC Accidental Damage Warranty Required CATEGORY 4.1 2 in 1 Tablet Screen Touch Screen 9 to 14" with anti-glare // Must be able to detach from keyboard for tablet mode Processor I7 Quad-core 6th generation or better / quote with i5 Video Intel HD or dedicated video such as Mobile Radeon or nVidia NVS (512MB min) Video Out Must include VGA Dongles (1.2 or higher) Memory 16 GB Ram Hard Drive 256 + GB SSD // 512 quote Operating System Windows10 capable External Ports Full-size USB 3.0 Network Adapter Must have Ethernet port on device, keyboard, or docking station (GB & Port must be 802.1x compatible) Wireless Wi-Fi (802.11a/b/g/n)AC Bluetooth Bluetooth capable Input Devices Microphone Stereo speakers Must have attachable keyboard Battery Whr Rating 80+ Battery Life Battery life: 8 hours for handheld devices Weight Not to exceed 3.5 lbs. Camera Front and Rear camera Warranty Three (3) Year warranty must cover every part of the PC Accidental Damage Warranty Required 16.E.1.b Packet Pg. 853 Attachment: 17-7173 Scope of Services 7 8 2017 (4238 : Invitation to Bid (ITB) 17-17-7173 "2018 Computer Supplier for Collier County") Project Manager: Mike BerriosProcurement: Viviana GiarimoustasWitness: Opal Vann9/22/201717‐7173, 2018 Computers Supplier for Collier CountyNotifications Sent: 456 Downloaded: 67Submissions: 8Non responsive vendors did not provide specifications as per the scope of work.The awarded vendors per category are highlighted in green.StaplesTroxellComputers at WorkMRA  Howard TechAprisa B2* AKA***Against instructions provided in the solicitation,vendor provided new prices after the due date.**Vendor withdrew offer1 Standard PC with five (5) year warranty $662.98 $829.77 $702.77 $1,009.00 $1,171.00 $914.61Non Responsive$930.00$662.98 $829.77 $702.77 $1,009.00 $1,171.00 $914.61Non Responsive$930.002GIS/CAD with five (5) year warrantyNon Responsive$0.00 $1,829.12Non Responsive$3,126.00Non Responsive Non ResponsiveNon ResponsiveNon Responsive$1,829.12Non Responsive$3,126.00Non Responsive Non ResponsiveNon Responsive3Laptop and Docking Station with three (3) year warranty (must provide prices for both Category 3 and 3.1) Non ResponsiveNon Responsive$1,443.81 $1,385.40 $1,823.00 $1,582.77Non Responsive$1,500.003.1Docking Station only with three (3) year warranty (mustprovide prices for both Category 3 and 3.1)Non ResponsiveNon Responsive$130.88 $235.00 $166.00 $166.31Non Responsive$200.00Non ResponsiveNon Responsive$1,574.69 $1,620.40 $1,989.00 $1,749.08Non Responsive$1,700.0042 in 1 Tablet (8 GB RAM) with removable keyboard three (3) year warranty (must provide a price for 4 and 4.1)$1,624.45Non Responsive$1,308.30Non Responsive $0.00Non Responsive Non Responsive$899.994.12 in 1 Tablet (16 GB RAM) with removable keyboard three (3) year warranty (must provide a prive for 4 and 4.1)$2,154.65Non Responsive$1,564.46Non Responsive$0.00Non Responsive Non Responsive$1,299.99$3,779.10Non Responsive$2,872.76Non Responsive$0.00Non Responsive Non Responsive$2,199.98Alt #1Laptops and Docking Stations with three (3) year warranty without accidental damage warranty$1,285.09 $790.11 $1,380.88Non ResponsiveAlt #22 in 1 Tablet (8 GB RAM) with three (3) year warranty without accidental damage warranty$1,517.01 $986.82 $1,266.64 $1,868.80Non ResponsiveAlt #32 in 1 Tablet (16 GB RAM) with three (3) year warranty without accidental damage warranty$2,047.27 $1,504.53 $2,207.10Non ResponsiveRequired FormsVendor Check ListYes Yes Yes Yes Yes Yes Yes Yes Conflict of Interest AffidavitYes Yes Yes Yes Yes Yes Yes Yes Vendor Declaration StatementYes Yes Yes Yes Yes Yes Yes Yes Immigration Affidavit CertificationYes Yes Yes Yes Yes No Yes Yes Vendor Substitute W‐9No Yes Yes Yes Yes Yes Yes Yes Insurance and Bonding RequirementsYes Yes Yes Yes Yes Yes Yes Yes Reference QuestionnaireYes Yes Yes Yes No No Yes No‐1Local Vendor Preference Yes No Yes No No No Yes NoYes or NoTotal for Category 3Total for Category 4Category 1Note:  County intends to award by category and may award to more than one vendor. Vendor is not required to submit a bid for all categories. Unit PriceCategory 2Category 3Category 4ALTERNATESDescription Total for Category 1Total for Category 21 of 116.E.1.cPacket Pg. 854Attachment: 17-7173 Bid Tabulation (4238 : Invitation to Bid (ITB) 17-17-7173 "2018 Computer Supplier for 16.E.1.d Packet Pg. 855 Attachment: 17-7173 NORA (4238 : Invitation to Bid (ITB) 17-17-7173 "2018 Computer Supplier for Collier County")