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Agenda 01/28/2014 Item #16E4
n ?0"\ 1/28/2014 16. E.4. EXECUTIVE SUMMARY Recommendation to award Request for Proposal (RFP) 13 -6163 Security Services to G4S Secure Solutions, Inc. (USA) for courthouse and government security services and authorize the Chairman to execute a County Attorney approved agreement. OBJECTIVE: To obtain quality security services for Collier County property and personnel. CONSIDERATION: The Department of Facilities Management is responsible for providing security to the County Courthouses and to other administrative government buildings to ensure the safety of the public and the building occupants, including state and federal officials. Through the use of contract security officers, the County is better able to provide security services in a competitive and efficient manner. Security services utilized in Collier County include courthouse screening, security checkpoints for administrative buildings, special details for County events, securing water and wastewater plants for utility departments, and other security details, as needed. Security services are also utilized to handle patrols of the Main Campus, parks, Growth Management, County libraries, and other County facilities. RFP 13 -6163 was posted on October 4, 2013. Five hundred (500) notices of the RFP were sent out and fifty -seven (57) firms downloaded the RFP Package. Four (4) proposals were received by the due date of October 30, 2013. The selection committee comprised of representatives of the Sheriffs Office, Health Department, Emergency Services, and Facilities Management/Government Security independently reviewed and scored the proposals and by consensus ranked G4S Secure Solutions, Inc. (USA) as the best firm to perform security services, as outlined within the RFP for an initial two (2) years, with three additional one (1) year renewal periods at the County's discretion. G4S Secure Solutions, Inc. (USA) had this contract for the previous five (5) years and has performed satisfactorily. FISCAL UVIPACT: The annual base contract is for approximately $1,400,000. The contract allows for additional services, as needed. It is anticipated that other County departments will also utilize the contract for security services, as needed. Funds are budgeted in the Facilities Management/Government Security cost centers as well as in other Department cost centers. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for approval - CMG RECOMMENDATION: That the Board of Collier County Commissioners awards Request for Proposal (RFP) 13 -6163 Security Services to G4S Secure Solutions, Inc. (USA) for courthouse and government security services and authorizes the Chairman to execute a County Attorney approved agreement. Prepared by: Skip Camp, CFM, Director, Department of Facilities Management Attachments: (1) 13 -6163 Agreement (2) 13 -6163 Final Ranking (3) 13 -6163 Solicitation Packet Page -645- 1/28/2014 16.E.4. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.E.16.E.4. Item Summary: Recommendation to award Request for Proposal (RFP) 13 -6163 Security Services to G4S Secure Solutions, Inc. (USA) for courthouse and government security services and authorize the Chairman to execute a County Attorney approved agreement. Meeting Date: 1/28/2014 Prepared By Name: SheppardJerrie Title: Administrative Assistant,Facilities Management 1/14/2014 3:48:26 PM Submitted by n Title: Director - Facilities Management,Facilities Manage Name: CampSkip 1/14/2014 3:48:27 PM Approved By Name: CampSkip Title: Director - Facilities Management,Facilities Manage Date: 1/14/2014 5:00:50 PM Name: JohnsonScott Title: Purchasing Agent,Purchasing & General Services Date: 1/17/2014 11:37:19 AM Name: WardKelsey Title: Manager - Contracts Administration,Purchasing & Ge Date: 1/17/2014 11:37:29 AM Name: MarkiewiczJoanne Title: Manager - Purchasing Acquisition,Purchasing & Gene Date: 1/17/2014 11:37:38 AM Packet Page -646- Name: NorthrupAdam Title: Procurement Strategist, Purchasing Date: 1/17/2014 2:06:01 PM Name: pochopinpat Title: Administrative Assistant,Facilities Management Date: 1/17/2014 2:16:15 PM Name: GreeneColleen Title: Assistant County Attorney.County Attorney Date: 1/21/2014 2:18:39 PM Name: PriceLen Title: Administrator, Administrative Services Date: 1/21/2014 5:13:27 PM Name: KlatzkowJeff Title: County Attorney Date: 1/22/2014 8:12:59 AM Name: PryorCheryl Title: Management/ Budget Analyst, Senior,Office of Manag Date: 1/22/2014 8:31:24 AM Name: OchsLeo Title: County Manager Date: 1/22/2014 9:02:24 AM Packet Page -647- 1/28/2014 16.E.4. M-10 1/28/2014 16.E.4. A C K E E Wi E TNT T 13-616a for Securi!3, Services THIS AGREEMENT, made and entered into on this day of 2014, by and between G45 Secure Solution.,; (USA) Inc., authorized t(-� do business in the State of - Fioricia, whose business address is ')830 Winkler Ave, Suites 101 &- 102, Fort Nivers, FL.. 33916, (the "Contractor ") and Collier County, a political subdivision of the State of Florida, (the "County"): W,1 TN E S S E T H: 1, COMMENCEMENT. The Contractor shall commence the work upon issuance of a Purchase Order. 1 CONTRACT TERM. The contract shall be for a two (2) ' year period, commencing on Date of Board aviard and terminating two (2) ycar(s ' ) from that date. The County mav, at its discretion and with the consent of the Contractor, reneLN, the Agreement under all of the terms and conditions for three (3) additional one ( ' 1) year periods. The Countv shall give the Contractor written notice of the Coun hl's intention to renew the Agreement term not less than ten (10) days prier to the. end LJ of the Agreement term then in effect, The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eight ' v (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not iess than ten (10.) days prior to the end of the Agreement term then in effect. 7), STATEMENT OF WORK The Contractor shall provide Security Services in accordance with the Scopc of Work., terms and conditions of RFP #13-6163 and the Contractor's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreerrient shall be mutually agreed upon in ",riting by the Parties, in compliance with the County Purchasing Ordinance and Purchasing Procedures in effect all the time such services are authorized. 4. COMPENSATION. The Count ' y shall pay the Contractor for the performance of this Agreement based on the price: set forth in Exhibit "A" Schedule of Pavments, included in this Agreement, subject to Change Orders as approved in advance by, the County. Page 1 0") Packet Page -648- ir- #.Cl 1/28/2014 16.E.4. t Po� Pa , vment wil be made upon receipt of a proper invoice and upon approval by the County Contract Manager or his designee, and in compliance with Chapter. 2218, Fla. -stats., otherwise known as the "Local Government Prompt Pa.vment Act" 4.1 Payments will be made for service,.; furnished, delivered, and accepted, upon receipt anti approval of invoices submitted on the date of services or within six (6) month- after completion of contract, Any untimelN 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 associaied with the Wort; 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 deerned duk, served if mailed or taxed to the Contractor at the following, Address: G4S Secure Solutions (USA) Inc. 2830 Winkler Ave, Suites 101 & 10221 Fort Mvers, FL, 33916 Attn: Bill Buchinsky, General Manager Telephone: 239-252-8407 Facsimile: 219-252-6480 All Notices from the Contractor to the County shall be deemed duly served if mailed or taxed to the County to: Collier Countv Government Center Purchasing Department 3'77 Tamiami Trail, East Naples, Florida 341111 Attention: Purchasing & General Services Director Telephone: 239-25121-8407 Facsimile: 239-252-6480 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 A, ment must b n - s gree 0 In writing. 11aac -, 0r9 Packet Page -649- 1/28/2014 16_E.4. 7 NO PARTNERSHIP. Nothing herein contained shall create or boconstroec' as creating a parbners6i between thc[nnnt? aod the Contractor or to constitute the {�nn�actoro� ana�rncn/ the <�oontr_ 8, In compliance with Section 218.80' F.S, all permits necessary for the provision of sen�ices unde7 this Agreement shall be obtained bv the i—ontractnr- The '—ount7 will not he obligated to pay for any permits obtained� br 6nbconbacLmrs/6ubconsu\tants. ' PaYmeotfor all�cl-, permits bvthe shall be processed internal|vbvt� Cnunt�'. All non~Cuontr necessary For the o/ aer`ic ea ' shall ' be procured and paid for bv the Contractor. The "mnbactor shall also hc solely -responsible for poyomni of an>' and all taxes )cvim1 on the Contractor. In odd�iom, the Contractor shall comply with all rules, regulations and layva o/ Collier County, the State of Florida, or thu U. S. Government now in force or hereafter adopted. The Contractor agrees to curnph' with all laws governing the responsibility of an employer with respect to persons enup(nved by dbe{�onbactor, � NO IMPROPER USE. The Contractor will not use, nor suffer nr permit any person to use in an)- manner whatsoever, Countv facilities for any improper, immoral or offensive purpose, or for any purpose in, violation of any fedecaistate, county or municipal ordinancu, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the crentofsuch violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be o6jec6noah|e or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct an�such violation, conduct, or practice to the oa�sfactiono/ tbe(�nontT witbintm/en±y~fn' r(l4) hours after receiving notice of such violation, cooducL, or practice, such suspension to continue until the violation iscured, The Contractor further agrees not to cVomcnce operation during the suspension period oodl the violation has been corrected to the satisfaction o/ the Cmuoty IO. TERMINATION. Should, Ue Contractor be found to have failed bu perform his services inemanner satisfactory to the County as per this Agreement, the Countvmav terminate said agreement for cause.- further the Count), may terminate this f\grecznen� for convenience with a thirty (.\O) duI written notice, The County shall be yule judge of non-performance, In the event that the County terminates this Agreement, Contractor's recover} the[ountv shall bc limited tntbat of the Contract Amount earned against the date of termination. The Contractor shall not be entitled to any other or further recover%- o�ainstLhe<�nuo�y,�nclodin�,bu<nnt|iroihc�ho'anydao�Qesnran� anticipated ��roht nn portions o1 the servicesnot performed. lI. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin, ' ! paac3nf9 Packet Page -650- ~�~/ 1/28/2014 16.E.4. 12. INSURANCE. Th,-, Contractor shall provide insurance as follows: A. Commercial General Liability: - Coverage shall have minimum limits of $2,000,0001 Per Occurrence, 522,000,000 ag(7-1,egate for Bodily' Injury Liability and Property Damage Liability, This shall include Premises and Operation,,, Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits, of 51,000,000 Per Occurrence, Combined Single Limit for Bodily Injure I....iabflity and Properh- Damage I , 0 Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership, C. Workers' Compensation: Insurance covering all employees meeting Statutory, Limits in compliance with the applicable state and federal laws.' The coverage must include Employers' Liability with a minimum limit of 52,000,000 for each accident. S pecial pecial Re quirements: Collier County- Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liabilih., Policy, Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide Countv with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the Countv ten (10) days prior to anv expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: ten (10 ) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twentv- four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received bi, Consultant from its insurer, and ,-.1 0 nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirement-, that he is required to meet. 13. INDEMNIFICATION, To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs', including, but not limited to, reasonable attornevs' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, anv 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 intentionaliv 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 Page 4 oft) Packet Page -651- 110'1 1/28/2014 16.E.4. construed to negate, abridge or reduce any other rights or remedies which othemris'., may be available to an indemnified party or person described in thi paragrapL This section does not pertain to any incident arising from the sole negligence of Collier County. U.-I The duty --, to defend under this Article 13 is independent and separate from the duct- to indemnifv, and the dutv to defend exist-, regardless of any ultimate liability of the Contractor, County and anv indemnified party. The dut-v to defend arises inimediatelv upon presentation of a claim by any party and written, notice of such claim being provided to Contractor. Contractor's obligation to indemnifv and defend under this Article 1?, will survive the expiration or earlier termination of thill; Agreement until it is determined by final judgment that an action against the Counts or an indemnified pclTtN' for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. CONTRACT ADMINISTRATION.- This Agreement shall be administered on behalf of the County by the Facilities Management Department. 15, CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which wouldconflict 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 CONTTRACT. This Contract consists of the following component parts, all of which are as fully a part of the contract as if herein set out verbatim: Exhibit A "Schedule of PaNiments", Contractor's Proposal, Insurance Certificate(s), RFP #0-616' 3 Specifications/ Scope of Work. 17. SUBJECT TO APPROPRIATION. It is further understood and agreed bv and between 0 - 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 anv County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, 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; G. 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 anv contract held btu the individual and/or firm for cause. Page 5 of 9 Packet Page -652- 1/28/2014 16.E.4. 101*N 1— COMPLIANCE WITH LAWS, By executing; 0 t7 and entering into this agreement, the Contractor is formally acknowled�ng 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 sec. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safetv Act, Chapter 553, Florida Statutes), and the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 1119.0701(2),a)-(d) and 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 Count- shall have the discretion to unilaterally terminate this agreement immediately- 20. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier Count-,, encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract 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 contract incompliance with Purchasing Procedures, V 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 curing negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in anv 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 authorih, 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 part'' 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. An,,,, 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 I federal or state courts In 'Collier Countv, Florida, which courts have sole and exclusive urisdiction on all such matters. Page 6 of Packet Page -653- 1/28/2014 16.E.4. 25. KE`V--PTERSQNNELIPROTECT STAPFING; The Choose one- Contractor': personnel and management to be utilized, for this project shall be knowledgeable in their areas of ex e pertise. 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 contract. The Contractw, shall assign as man% people as necessary to complete the services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service dates, The Contractor shall not change Key rsonnei unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/or cxperiencc, '2) that the C'ounh, is notified in writing as far in advance as possible. The Contractor shall make commerclallY reasonable efforts to notify, Collier County within seven (71) days, of the change. The CountY retains final approval of proposed replacement personnel. 26. ORDER OF PRECEDENCE: in the event of any conflict between or among the term; OFF any of the Contract Documents, the terms of the Request for Proposal (RFP) and or the Contractor's Proposal, the Contract Documents shall take precedence. 2"17. ASSIGNMENT, Contractor shall not assign this Agreement or any part thereof, without the prior conseni in writing of the Count-y'. Anv 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 0 '� Contractor all o� the require that its assignee be bound to it and to assume toward — J obligations and responsibilities that Contractor has assumed toward the County. of page intentionally left blartlti Page 7 of 9 Packet Page -654- 1/28/2014 16.E.4. IN WITNESS WHEREOF, the parties her-to, have each, respectively', by an authorized person or agent, haver executed this .Agreement on the date and vear first written above. ATTEST: Dwight E. Brock, Clerk, of Courts By: Dated: (SEAL) First Witness 1'-N pe/ print witness nameT Second Witness TType/ print witness narneT Approved as to Form and Legality- Assistant County Attornev Print Name BOARD OF COUNT\," COMMISSIONERS COLLIER COUNTY, FLORIDA Bv.- Torn Henning, Chairman G4S Secure Solutions (USA) Inc. Contractor 0 Signature A TType /print signature and title I I Vag ge 8 of 9 Packet Page -655- --�� 1/28/2014 16.E.4. 13 -6163 - Security Services Exhibit A - Schedule of Payments Cost of Services to the County (Traditional Payments, including Additional Cash Discount) Position, Status Employee's Contractor's Price Cost to the County Chief — Salary S 65,000.00 S 65.000.00 5 85.862.40 Assistant Chief— Salary $ 55.000.00 $ 55.000:00 S 72.550.40 Major— Salary S 50.000.00 S 50,000.00 S 66.206.40 captain "" Salary a 45,000,00 S 45,000.00 $ 59.862.40 Sergeant" Hourly S 17.50 $ 36,400.00 $ 24.97 Corporal' Hourly $ 16.00 $ :3,280.00 5 22.94 Executive Protection Officer- Hourly c, 16.00 S 33,280.00 S 22.94 Exe Prot. Offices" on details Hourly S 21.00 S 29.70 Officer {armed" Hourly S 15.00 $ 31,200.00 S 21.59 Officer (not armed)' Hourly- S 14.00 S 29,120:00 S 20.00 Operations Center' Hourly S 16.00 S 33,280.00 S 22.94 Report Writing Hourly S 20.74 Markup on ammunition % 10.00 Markup on equipment % 10.00 Markup on supplies (targets. shooting and security supplies) % 10.00 "Does not include benefits. "Regardless of being armed or not. The County may pay overtime at a rate of 1.5 for officer working details over 40 hours per week or 8 hours per day, Pricing should include any impact the Patient Protection and Affordable Care act might have on their employees now or in the future. The County anticipates other positions will be added. Please provide markup on positions not listed above. Percentage mark up over what the employee receives for unidentified positions 41.73% Page 9 of 9 Packet Page -656- k � _ ■ � 2 § E U � k � 2 � 2 U. :q §® & d� $ d� § � ■ 2 � C a � U. � 2 @ § / � : � � Pace Page -657- 1/28/2014 18.E.4. 10-IN, \ k� � ° y ;o o 0 0 0 0 0 0 « : 0 o 0 0 C� n # - q m ":T Cli & M N \ \R \M .. - C4 M V \ \\ \ V_=' y\ - N C* V «: w 0 /� �� \\ N n V « <2 <? ? _ N C4 Re \ \\ Z < ■ \ \E o \\ \ 0 \, \» m ■ $ .. . . � .§ t k d ■ � ) »< � m « ■ m � Q 2 @ § / � : � � Pace Page -657- 1/28/2014 18.E.4. 10-IN, \ k� � 1/28/2014 16.E.4. REQUEST FOR PROPOSAL • r' � w COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Solicitation 13 -6163 Security Services Scott D. Johnson, Interim Acquisition Manager 2391252 -8995 (Telephone) 2391252 -6588 (Fax) ScottJohnson @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. Pwmas%Dgav m - 3327 Tammmi Trait East - Naples. Florida 34112 -490! - wvna.oaliiergov.nevpurc"siry Packet Page -658- 1/28/2014 16.E.4. Table of Contents LEGALNOTICE ................................................................................................................................... ............................... 3 EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT ............................................ ............................... 4 EXHIBITI1: GENERAL RFP INSTRUCTIONS ............................................................................................ .............................21 EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS ....................................... .............................25 EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP .............................................................. .............................29 ATTACHMENT 1: VENDOR'S NON - RESPONSE STATEMENT .................................................................. .............................37 ATTACHMENT2: VENDOR CHECK LIST ................................................................................................ .............................38 ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT ........................................................................... .............................39 ATTACHMENT 4: VENDOR DECLARATION STATEMENT ....................................................................... .............................40 ATTACHMENTS: AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS ....................................... .............................42 ATTACHMENT 6: IMMIGRATION AFFIDAVIT CERTIFICATION .............................................................. .............................43 ATTACHMENT7: VENDOR SUBSTITUTE W — 9 .................................................................................... .............................44 ATTACHMENTS: INSURANCE AND BONDING REQUIREMENTS ........................................................... .............................45 ATTACHMENT 9: REFERENCE QUESTIONNAIRE ................................................................................... .............................47 xx -xxx RFP Non CCNATemplate_07012013 2 Packet Page -659- 1/28/2014 16.E.4. Adrrwr tue Semces Dmston Purchasing Legal Notice Sealed Proposals to provide Security Services will be received until 3:00 PM Naples local time, on October 30, 2013 at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. Solicitation 13 -6163 Security Services A non - mandatory pre - proposal conference will be held on October 23, 2013, commencing promptly at 10:00 AM, and will be held in the Purchasing Department Conference Room, Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112.. If this pre - proposal conference is denoted as "mandatory", prospective Vendors must be present in order to submit a proposal response. All statements shall be made upon the official proposal form which may be obtained on the Collier County Purchasing Department Online Bidding System website: www.collieraov.net/bid. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, BY: /S/ Joanne Markiewicz Interim Purchasing & General Services Director This Public Notice was posted on the Collier County Purchasing Department website: www.collieraov.net/purchasing and in the Lobby of Purchasing Building "G ", Collier County Government Center on October 4, 2013. PumramV Wqammit• 3301 Tamiami Tral East- Naples, Florida 34112 • www:wliemovInetourchasing xx -xxx UP_Non_CCNATemplate 07012013 3 Packet Page -660- 1/28/2014 16.E.4. Exhibit 1: Scope of Work, Specifications and Response Format As requested by the Collier County Facilities Management Department (hereinafter, the "Division or Department "), the Collier County Board of County Commissioners Purchasing Department (hereinafter, "County ") has issued this Request for Proposal (hereinafter, "RFP ") with the intent of obtaining proposals from interested and qualified Consultants in accordance with the terms, conditions and specifications stated or attached. The Consultant, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Purchasing Policy. Background The Facilities Management Department — Government Security Section is tasked to provide security to government buildings (screening for weapons, drugs), CCTV video surveillance, card access security details, building surveys, employee / general public investigations, and government functions (events) including increased security for Executives, Judges and Elected Officials and official guests of the County. The Security Contractor shall work in concert with the Facilities Management Department — Government Security Section with the discharge of the duties. Historically, County departments have spent approximately $1,400,000.00. Detailed Scope of Work The Scope of Services will establish requirements for Security Services for Collier County from a qualified company. The following outlines Collier County's general objectives in regard to the daily scope of work and expectations in regard to security officer's conduct and appearance. Collier County reserves the right to remove any officer from duty, on a temporary or permanent basis without cause. Compliance with the County's Standard Operating Procedures Manual. The Department's "Security Standard Operating Procedures Manual" will be part of this RFP. The Contractor will be responsible for insuring that all of the rules, procedures, and policies within the SOP are followed. Contractors responding to this RFP will be required to sign a confidentially agreement, as the referenced document is exempt from public records. Contractors will not make copies of this document and will return each document to the Department. Competency of Contractor To qualify as a responsive proposer, the Contractor must meet the following minimum requirements: A. Contractor shall have a minimum of five thousand (5,000) weekly hours of service in Collier /Lee County or surrounding counties within a forty (40) mile radius and shall have a minimum of one (1) contract within these counties with a minimum of one thousand (1,000) hours per week of continual service and shall have maintained this level of service for a duration not less than thirty -six (36) consecutive months immediately prior to the date of this RFP. This requirement is necessary to demonstrate that the Contractor has sufficient resources and abilities to assume a contract of the size xx -xxx U P_Non_CCNATemplate_07012013 4 Packet Page -661- 1/28/2014 16.E.4. and scope required of Collier County. It is the responsibility of the Contractor to supply any documentation with the proposal to verify this. B. Contractor must have experience providing the same levels of service required in this RFP with regard to the qualifications of the officers. This experience must have been permanent service, for more than twenty -four (24) consecutive months and this information must be verified. C. Contractor must have an in -house training department, licensed by the State of Florida, capable of providing the necessary training outlined and required by this RFP within their operating office. D. Contractor must demonstrate the ability to provide continuous and uninterrupted security service in the event of a natural disaster. E. Contractor must currently provide the same levels of service required in the RFP to similar type agencies and supply evidence that they have provided this service for a minimum of three (3) consecutive years. All personnel assigned to this Contract must meet the following minimum requirements: fifty (50) full - time security officers currently working for their company in Lee and /or Collier County. Contractor's Responsibilities It shall be understood and agreed that any and all services, materials and equipment shall comply fully with all Local, State and Federal laws and regulations. Each contractor that plans to enter into a contract with the County, as well as such contractor's employees or other representatives, including all sub - contractors at every tier (including vendors, repair persons and /or delivery individuals) who will have physical access to County facilities or locations related to security or public safety shall be required to comply with the fingerprinting and background checks. In these instances, all new formal competitive County solicitations (e.g.: bid invitations and requests for proposals) and contracts shall include a clause that mandates fingerprinting and background checks performed by County Security Section staff and paid for by the Contractor or sub - contractor, etc., as the case may be. The clause shall mandate that the contractor in privity with the County shall be responsible to ensure that these requirements are complied with at all lower tiers associated with the project. Prior to the issuance of each formal solicitation, the project manager responsible for the contract shall work with the appropriate Purchasing Department representative to develop and include text in the solicitation that references the mandated checks and provides each prospective bidder /proposer with the means for obtaining more information about these requirements prior to tendering the bid or proposal. To the greatest extent possible, the results of these background checks should be on file in the Security Section files prior to the commencement of work. Fixed Hourly Rates Billing for services rendered will be based on the rates as negotiated and agreed upon by the Contractor and the County contained in the Schedule of Payments. The fixed hourly rates shall contain all charges, including wages and benefits paid to all Contractor personnel. There may be Xx-XXX RFP_Non_CCNATemp1ate_07012013 5 Packet Page -662- 1/28/2014 16.E.4. additional charges to the County for additional training and or equipment and or supplies requested by the County. The County reserves the right to be able to adjust the hourly billing rates in order to attract and retain the highest quality personnel. This will allow the County to take into account other economic conditions and remain competitive with other security projects in the geographical area. In any case all changes to hourly rate will be in writing by the Facilities Management Director or his designee. The County may at its sole discretion provide an annual cost of living adjustment to the Contract. The intent of this clause is that the officers benefit from this increase. Public Relations An important aspect of security duties involves public relations. The security officer is usually the first person contacted by visitors. The impression created by the officer in the performance of the officer's duties has a direct bearing on an initial opinion formed of Collier County Government. It is the officer's responsibility to ensure that this impression is highly favorable. The officer's actions will be firm and determined, yet polite in all dealings with staff, visitors, and other persons. A cheerful "Good morning ", or "Good evening ", in greeting visitors sets a favorable impression of officer performance. Courtesy and tact are essential in dealing with Collier County staff, visitors, vendors, contractors, and all other persons Collier County. Holidays The County observes the following holidays and may not require coverage or the same amount of coverage from security personnel, excluding the Operations Center: New Year's Martin Luther King Day President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day after Thanksgiving Christmas Day Day after Christmas Recruitment & Selection The following guidelines must be used by the Contractor in the selection of personnel to be assigned to the Collier County designated facilities, posts or details. xx -XXX UP Non_CCNATemplate_07012013 6 Packet Page -663- 1/28/2014 16.E.4. After a potential hire is processed through selection as stated below, the individual shall be made available to a Collier County authorized representative for interview and evaluation prior to being assigned a post or assignment. The documentation concerning screening /selection should be made available to Collier County at this time. The final decision as to acceptability of any person for assignment will rest with the Collier County authorized representative. All officers must be fingerprinted and background checked by Facilities Management staff at the contractor's expense, at the beginning and continuously throughout the contract period (currently, every 5 years or as directed). Any costs incurred will be deducted from the contractor's monthly invoice. Any arrests of any of the contractor's officers working for Collier County Government must be reported to the County's Facilities Management Director or his designee immediately. Officer Certification. The Contractor will provide the Contract Officer with annual written proof of each officer's valid State of Florida Security licenses (D&G) and CPR /AED certifications (American Heart or American Red Cross). Wage Determination & Benefits The wages paid to the officers assigned to this Contract must meet the following minimum requirements: (and as provided on the Tab 3 submission). Chief: Salaried $65,000 per year* Major: Salaried $55,000 per year* Sergeants: Hourly $17.50 per hour* Executive Protection Officer Hourly $16.00 per hour* n Officer (armed): Hourly $15.00 per hour* Officer (not armed): Hourly $14.00 per hour* Operations Officer Hourly $16.00 per hour* *not including benefits * *Executive Protection Officers will be paid an additional $5.00 per hour in addition to their regular rate while on the detail and 1.5 hours for travel. Overtime is paid if appropriate in addition to the $5.00 per hour detail deferential. The Contractor shall provide a benefit package for each officer, including medical benefits with a significant portion of the cost must be paid by the Contractor. A summary of these benefits and cost to the officers must be detailed in the proposal. These benefits will be maintained through -out the term of the Contract. Contractor must contribute to more than 50% of the premium for employee only health insurance benefits (AHC compliant). Spouse or dependent health insurance coverage and 401 K benefits must be offered, but there is no minimum contribution set forth for the contractor. The County anticipates adding other positions as needed not specifically identified within this RFP. The proposer will submit a percentage make -up as provided for in the Price Proposal Billing Rate. The Facilities Management Director may approve in writing and with the approval of the Purchasing Agent additional wages for extraordinary circumstances and /or additional assignments or general or individual salary and or hourly rate adjustments. Overtime Coverage Packet Page -664- roc -root RFP_Non_cCNATemplate_07012013 7 1/28/2014 16.E.4. A. The County shall be invoiced for overtime incurred per the Overtime Rate as defined in the ^ Schedule of Payments. B. New Assignments with less than 24 hour notice - The County will attempt to give reasonable notice to the Contractor of any new assignments. C. The Contract Officer may approve overtime charges based on the rate schedule for new or additional assignments / details. D. Overtime charges may be approved during natural or manmade disasters with the approval of the Contract Officer. Posts / Weekly Hours The following is a summary of the post assignments and hours which will be required for Collier County. The Contractor will develop recommendations for coverage after conducting an analysis of the security needs. Posts Position Salary /Hourly Weekly Hours Administration Chief Salary 40 7:00 AM to 3:30 PM Courthouse Major Salary 40 6:30 AM to 3:00 PM Courthouse Sergeant Hourly 40 5:00 AM to 1:00 PM Courthouse Sergeant Hourly 40 1:00 PM to 9:00 PM Courthouse Officer Hourly 40 8:00 AM to 4:00 PM Courthouse Officer Hourly 40 7:00 AM to 3:00 PM Courthouse Officer Hourly 40 7:00 AM to 3:00 PM Courthouse Officer Hourly 40 7:30 AM to 3:30 PM Courthouse Officer Hourly 40 7:30 AM to 3:30 PM Courthouse Officer Hourly 40 1:00 PM to 9:00 PM Courthouse Officer Hourly 40 1:00 PM to 9:00 PM Courthouse Officer Hourly 40 1:00 PM to 9:00 PM Courthouse Sat AM Officer Hourly 04 8:00 AM to 12:00 PM Courthouse Sun AM Officer Hourly 04 8:00 AM to 12:00 PM Courthouse Annex Officer Hourly 50 7:30 AM to 5:30 PM Admin. Building (F) Sergeant Hourly 50 7:00 AM to 5:00 PM Admin. Building (F) Officer Hourly 40 6:15 AM to 3:00 PM Admin. Building (F) Officer Hourly 40 7:00 AM to 3:00 PM Admin. Building (F) Officer Hourly 30 3:00 PM to 9:00 PM Admin. Building (F) Officer Hourly 30 3:00 PM to 9:00 PM Health Building Lobby Officer Hourly 40 7:30 AM to 3:30 PM Health Building 3ed FlOfficer Hourly 45.0 8:00 AM to 5:00 PM Imm. Gov't Center Officer Hourly 47.5 7:45 AM to 5:15 PM !-� xx -xXoc RFP Non_CCNATemplate_07012013 8 Packet Page -665- 1/28/2014 16.E.4. Emerg Ser Center Operations Center Operations Center Operations Center Officer Hourly 45 8:00 AM to 5:00 PM Officer Hourly Desk 40 Officer Hourly Ops 40 Officer Hourly Ops 40 8:00 AM to 5:00 PM 4:00 PM to 12:00 PM 12:00 PM to 8:00 PM Evening Patrol Officer Hourly 15 9:00 PM to 12:00 PM Evening Patrol Officer Hourly 15 9:00 PM to 12:00 PM All posts and hours will be adjusted as needed throughout the Contract period. Meals and Lodging In the event that the Emergency Operation Center is activated due to a natural or manmade disaster, the security staff may become imbedded with County Staff. In this event, at the sole discretion of the Contract Officer, the County may elect to feed and or house the Contractor's personnel at the County's expense. All Contractor employees are required to display the needed qualities of honesty, alertness, loyalty and intelligence which are essential for the efficient performance of security duties at all times while on duty. County may request selected individuals of the contractor to work special details, especially when a particular skill set and /or personality are required for the assignment. Chief (Site Supervisor). The Chief is required to ensure understanding of, and compliance with, the following in regard to courtesy, knowledge, training and responsibilities of subordinates. The performance of work will be in compliance with the schedule of posts /hours and the Post Orders /Emergency Response Procedures. Additional directives may be established at any time during the contract period. The Chief or his /her designee will also conduct professional investigations as part of his / there assigned duties. More extensive duties (as directed by the Contract Officer) may be assigned by the Contract Officer as an additional service at an additional cost to the County. Conducts building / plant surreys. The Chief is responsible for the administrative functions associated with overseeing the continuing implementation of measures designed for the safety and security of the Collier County Government Security Contract. The following duties are normal for this position which reports directly to the Facilities Management Director or his designee. These are not to be construed as exclusive or all inclusive. Other duties may be required and assigned. This position is a salaried /exempt position. These duties are at the discretion of the Facilities Management Director or his /her designee and on behalf of the County. �P Ensures Departmental (Facilities Management. Department) compliance with applicable codes, laws, rules, regulations, standards, policies and procedures; initiates any actions necessary to correct deviations or violations. tP Consults with assigned staff to review work requirements, status, and problems; assists with complex or problem situations; provides direction, advice, and technical' expertise. cA Develops /implements policies and procedures as required; initiates emergency procedures as warranted. Reviews operational problems and recommends changes in procedures and programs. n cr' Investigates unusual occurrences when needed and ensures proper documentation. xx -xXX UP_Non_CCNATemplate_07012013 9 Packet Page -666- cP cr' 1/28/2014 16.E.4. Reviews logs, incident reports, and other documentation prepared by subordinate staff. Processes a variety of documentation associated with Departmental operations, per established procedures and within designated time frames; distributes documentation or retains records as appropriate. Communicates with Client, employees, other departments, law enforcement personnel, court officials, outside agencies and other individuals as needed to coordinate work activities. Oversees the fingerprinting and criminal history checks in accordance with the existing Collier County Ordinance. Maintains liaison with the Collier County Sheriffs Bureau on matters of mutual concern. Monitors the annual Security Budget and maintain spreadsheet showing all contract security expenses by detail or post. Maintains a monthly incident report overview and send to Facilities Management Director. Provides security for Collier County functions that have not been budgeted for. Conducts internal investigations as requested. Conducts security audits, site inspections as requested. Maintains spreadsheets showing number of persons visiting County buildings and number of prohibited persons held at various checkpoints. Performs other related duties as required by the Director of Facilities Management. Review construction plans and make security recommendations as requested. Works with building occupants to determine security needs. Coordinates with vendors on security systems to be installed. Attends meetings; serves on committees or boards as needed. Provides monthly AED and Assistance Box inspections with existing staff Manages the County's Background checks (fingerprinting) program as directed by the Contract Officer. Major (Assistant Site Supervisor). Assists the Chief as directed. May relieve the Chief as needed. The Major is responsible for the operational work functions associated with overseeing the continuing implementation of measures designed for the safety and security of the Collier County Government Campuses. The following duties are normal for this position. These are not to be construed as exclusive or all inclusive. Other duties may be required and assigned. cf' Supervises, directs, and evaluates assigned staff, processing employee concerns and problems, directing work, counseling, disciplining, and completing employee performance appraisals. cr Coordinates daily work activities; organizes and prioritizes workload; prepares work schedules to ensure adequate coverage; maintains attendance records; makes work assignments; monitors statues of work in progress; inspects completed work; troubleshoots problem situations. 0 Ensures adherence to established safety procedures; monitors work environment and use of safety equipment to ensure safety of employees and other individuals. cr Maintains records pertaining to employee attendance and reviews time sheets for shift personnel. ' Reviews operational problems and recommends changes in procedures and programs. cA Investigates injuries, incidents, grievances, complaints, or allegations made by /about staff; initiates problem resolution; adjusts employee grievances in accordance with policy. cA Interprets and enforces public safety rules, regulations and procedures; maintains a secure and peaceful environment on the campus. Supervises completion of applicable forms, securing of lost property and explaining of campus rules, regulations and procedures. xx -xxx RFP Non CCNATemplate_07012013 10 Packet Page -667- n 1/28/2014 16.E.4. cA Ensures availability of adequate equipment and supplies; initiates requests for new or replacement ^ items. Communicates via telephone and /or two -way radio; provides information and assistance; takes and relays messages; responds to requests for service or assistance. Operates a computer to enter, retrieve, review or modify data; verifies accuracy or entered data and make corrections as appropriate; utilizes word processing, spreadsheet, database, desktop publishing, e-mail or other software programs) Captain (Training Officer). The County may at its expense secure within the scope of the Contract, the services of a Captain in charge of training. This is in addition to any other training clauses addressed within this Contract. (Sergeant) (First Line Supervisor) The First Line Supervisor is responsible for daily operations associated with overseeing the continuing implementation of measures designed for the safety and security of the Collier County Government Security Contract. Supervises, directs, and evaluates assigned staff, processing employee concerns and problems, directing work, counseling, disciplining, and completing employee performance appraisals. Coordinates daily work activities; organizes and prioritizes workload; prepares work schedules to ensure adequate coverage; maintains attendance records; makes work assignments; monitors status of work in progress; inspects completed work; troubleshoots problem situations. Ensures compliance with all applicable codes, laws, rules, regulations, standards, policies and procedures; initiates any actions necessary to correct deviations or violations. Ensures adherence to established safety procedures; monitors work environment and use of safety equipment to ensure safety of employees and other individuals. �p Consults with assigned staff to review work requirements, status, and problems; assists with complex or problem situations; provides direction, advice, and technical expertise. cP Maintains records pertaining to employee attendance, available vacation /sick benefits, and other personnel /payroll issues; reviews/approves time sheets for shift personnel. 0 Conducts training for subordinates in methods and techniques used in the administration of government security; conducts emergency drills; conducts roll calls; ensures that in- service training is presented and properly documented. 0 Develops /implements policies and procedures as required; initiates emergency procedures as warranted. d> Reviews operational problems and recommends changes in procedures and programs. 0 Assumes responsibilities of command officer in emergency situations for the Facilities Management Department. 0 Investigates injuries, incidents, grievances, complaints, or allegations made by /about staff; initiates problem resolution; adjusts employee grievances in accordance with policy. Coordinates scheduled activities on the campus. SECURITY OFFICER ,,P Former law enforcement experience, retired career military, military elite forces, police academy training, criminal justice degree or other degrees as approved by the Contract Officer. Other backgrounds with the approval of the Contract Officer. cr Clinical drug test and physical examination. xx -xxx RFP_Non CCNATemplate_07012013 11 Packet Page -668- 1/28/2014 16.E.4. 0 MMPI Psychological test. cP Integrity test. �P 7 -year prior employer check. �P Out -of -State criminal records check (back to the age of 18). cP Neighborhood Canvas performed by a State of Florida licensed investigator. 6� Driver's license check. 0 Credit check. cP Personal Reference check. cr' FDLE / FBI Criminal check. EXECUTIVE PROTECTION OFFICER a> Former law enforcement experience, retired career military, military elite forces, police academy training, criminal justice degree or other degrees as approved by the Contract Officer. Other backgrounds with the approval of the Contract Officer. cP Clinical drug test and physical examination. cP MMPI Psychological test. cA Integrity test. cA 7 -year prior employer check. ' Out -of -State criminal records check (back to the age of 18). rP Neighborhood Canvas performed by a State of Florida licensed investigator. Driver's license check. Credit check. Personal Reference check. b' FDLE / FBI Criminal check. P Must be able to pass a modified Cooper Age and Gender Base Standards or US Secret Service Physical Agility Test. cP Must attend all training provided by both the Contractor and the County Habits: A dignified bearing will be maintained on duty at all times. Tobacco use and gum chewing while on post is prohibited. Tobacco use is prohibited throughout the site by any Security Officers or Representatives while on duty. Discipline: Prompt and willing obedience to all orders of the designated Collier County Representative is required at all times. Uniform and Appearance: Uniforms will be provided to each officer by the contractor, at no cost to the employee or the County. New uniforms shall be issued without deposit. Replacements shall be provided when necessary and /or as directed by Collier County. Replacements should be provided when normal wear and /or extraordinary duty causes uniform to .cease to produce a positive professional appearance. However, the proper care and maintenance of the uniforms and equipment is the responsibility of each individual and reasonable standards of neatness will be maintained at all times. The County must approve any uniform worn on County sites and details. The position of Chief will wear a business suit each day or as directed by the Contract Officer. xx -)= RFP_Non_CCNATemplate_07012013 12 Packet Page -669- 1/28/2014 16.E.4. .-. The uniform will be kept clean, in good repair, and pressed. Shoes will be kept neatly polished. The complete prescribed uniform and-equipment will be worn while on duty. Identification Cards: All officers, regardless of rank will carry on their person and be fully visible at all times and ID card provided by the County in addition to any other requirements made by their employer or the State of Florida. Lost or stolen badges will be reported immediately to the Department Director or Manager. An employee who separates from the Account must return the badge issued to him /her. Employees are personally responsible for the loss or willful damage to County badges. Collier County reserves the right to charge the contractor $10.00 for lost or damaged badges. Lost/stolen badges shall be reported and documented accordingly. Personal Hygiene: Personal cleanliness and neatness are basic requirements for all officers and members of the Government Security Section. Neatness in appearance calls for freshly showered & free of body odor, hair properly cut and colored fingernails and hands clean, uniforms presentable, and appropriate jewelry and piercing. Driving County Vehicles: With the approval of the Contract Officer, employees of the Contract may drive County vehicles. Anyone driving a County vehicle will submit to having their drivers license reviewed for traffic violations at least annually, will sign the County's Fleet Management's Agreement and will follow all County rules and regulations including those included with the County Manager's Administrative Policies (CMAs). The Contract Officer may revoke driving privileges at any time without cause. Training: The training program for Collier County will be unique in concept. It is an attempt by Collier County to pull the best from the Contractor's training resources then add specialized input from Collier County. The Contractor is responsible for basic training and coordination. Basic includes those requirements necessary to maintain the officer's licenses and CPR. The conditions below are meant to be minimum requirements. Changes and additions will be published as required to meet security needs within a changing environment. The Contractor is required to respond to such modifications by promptly making appropriate, reasonable and timely alterations to the training program. All State regulatory requirements shall be met. Additional Training Program is meant to be over and above all initial and basic training. The County, at its sole discretion, may reimburse Contractor for special training required by the Facilities Management Department — Government Security Section and / or may at its expense, train both Contract Officers and in -house officers using outside experts at its expense. This insures that all officers are trained alike. xx -)= UP Non_CCNATemplate_07012013 13 Packet Page -670- 1/28/2014 16.E.4. Additional Training and or certification programs and special assignments may be approved by the Contract Officer and paid for by the County when it is deemed in the best interest of the County. Programs may include but are not limited to: Firearm Training, Dignitary / Executive Protection, Self Defense Training, Medical Training (Advanced Medical courses and / or First Aid Training) and the associated travel costs. Contractor's officers are expected to attend all training programs provided by the County at the County's expense. Training provided to the County from the Contractor when requested by the County will be invoiced within the Contractors monthly invoice and presented as a lump sum price inclusive of all costs (speakers, experts, range and or facilities fees, food, etc.). Training Requirements: Officers assigned must have at least eighty (80) hours of classroom training and a minimum of sixteen (16) hours of supervised on- the -job training prior to assignment. Collier County must approve training plans and shift assignments. It is the responsibility of the Contractor to keep all officers proficient at all skills although some training may be provided by the County. Contractor agrees to pay for all initial and basic training as required by law and as addressed within this Contract. Testing: Each officer assigned to posts with x -ray machines will participate in weekly computer generated tests, identifying threats (guns, knives, bombs, etc.). These tests are generated from the x -ray machines. At least once a week each officer assigned to posts will test on a software package (Safe Passage). This system provides threat images associated with building security. On an irregular basis, the County and or the 20t' Judicial Circuit will conduct actual physical tests employing individual and or equipment, testing the efficiently of the screening procedures. Failed Screening Tests: The County reserves the right to fine the Contractor and deduct from invoices, at the discretion of the Contract Officer, for.failure to comply with the contract for test failures by the District Courts system and or Facilities Management — Government Security: Schedule: First Failure — Oral Warning Second Failure — Written Warning Third Failure — $500 Fourth Failure — $1,000 Failures after the 4t" failure - $1000 The County may elect to have the officer retained in lieu of or in addition to fines. XX-XXX RFP_Non_CCNATemplate_07012013 14 Packet Page -671- 1/28/2014 16.E.4. The Contractor may supply the County with supplies, equipment and training expertise (in -house or sub- contractors). The cost will be invoiced to the County as a lump sum and be attached to the monthly invoice. Equipment: Telephones: Contractor shall ensure that all post telephones are used for official business relating to performance of security duties only and not for personal calls. Personal calls shall be limited to incidental use only and shall not be conducted using the primary security telephone as it may impact emergency response. Compliance with Collier County internet/e -mail policy is required. Each employee must sign the Information Technology User Agreement. Firearms: Any officer assigned a side arm will receive approval from the Contract Officer or his/ her designee. Each uniformed officer assigned to a post or detail will carry a quality, approved .38 or 357 revolver with .38 ammunition or with the Contract Officer approval, a 9MM. Plain clothes armed officers will carry a Sig Sauer 9mm pistol (Either a P226 or P229). Officers assigned to the Government Security headquarters and Operations Center may be assigned a 9mm semi - automatic pistol regardless of the type of uniform. This clause is subject to change by the Contract Officer and may be managed / changed on an individual basis. Ammunition: Only County authorized, Contractor purchased ammunition will be used while on County posts and or assignments. Tasers: The Contractor will at their expense equip their employees with Contract Officer approved tasers at the request of the Contract Officer. OC Spray: The Contractor will at their expense equip their employees with Contract Officer approved OC at the request of the Contract Officer. Handcuffs: The Contractor will at their expense equip their employees with Contract Officer approved handcuffs at the request of the Contract Officer. Reports /Manuals: The Contractor or it's Subcontractor may be directed to write special reports, SOP's , Policy and Procedures including the rewriting at the rates listed on Tab 3. Unauthorized Equipment: No officer will have in their possession any equipment not approved in advance by the Contract officer. Posts: Each post has a set (often changing) of post orders. These may include but are not limited to: locking and unlocking doors, setting out parking cones, assisting the public with directions and or information, protecting details and other duties associated with keeping the building and its occupants / visitors safe. Posts, details, surveys and investigations are established and delegated by the County (Contract Officer) as needed. XX-XXX RFP_Non_CCNATemplate 07012013 15 Packet Page -672- 1/28/2014 16.E.4. Term of Contract: The contract term, if an award(s) is /are made is intended to be for two years with three one year renewal options. Prices shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment must be made on the contract anniversary date, in writing, to the Purchasing Director. Price adjustments are dependent upon the consumer price index (CPI) over the past twelve (12) months, budget availability and program manager approval. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. Projected Solicitation Timetable The following projected timetable should be used as a working guide for planning purposes only. The County reserves the right to adjust this timetable as required during the course of the RFP process. :Event ;Date Issue Solicitation Notice Oct 4 Last Date for Receipt of Written Questions Oct 25, 12 Noon, Naples Local Time pre - solicitation meeting Oct 23, 10 AM, Naples Local Time and Locations Addendum Issued Resulting from Written Questions or Pre- Proposal Conference Oct 25 Solicitation Deadline Date and Time Oct 30, 3PM, Naples Local Time Anticipated Evaluation of Submittals Nov Vendor Presentations if Required TBD Anticipated Completion of Contract Negotiations Dec Anticipated Board of County Commissioner's Contract Approval Date Jan Response Format The Vendor understands and agrees to abide by all of the RFP specifications, provisions, terms and conditions of same, and all ordinances and policies of Collier County. The Vendor further agrees that if it is awarded a contract, the work will be performed in accordance with the provisions, terms and conditions of the contract. To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the guidelines set forth in this RFP. XX -XXX RFP Non CCNATemplate_07012013 16 Packet Page -673- 1/28/2014 16.E.4. Any portions of the proposal that do not comply with these guidelines must be so noted and explained in the Acceptance of Conditions section of the proposal. However, any proposal that contains such variances may be considered non - responsive. Proposals should be prepared simply and economically, providing a straightforward concise description of the Vendor's approach and ability to meet the County's needs, as stated in this RFP. All proposals should be presented as described in this RFP in PDF or Microsoft Word format with Tabs clearly marked. If outlined in this RFP, the utilization of recycled paper for proposal submission is strongly encouraged. The items listed below shall be submitted with each proposal and should be submitted in the order shown. Each section should be clearly labeled, with pages numbered and separated by tabs. Failure by a Vendor to include all listed items may result in the rejection of its proposal. 1. Tab I, Cover Letter / Management Summary (0 points) Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein. Include the name(s), telephone number(s) and email(s) of the authorized contact person(s) concerning proposal. Submission of a signed Proposal is Vendor's certification that the Vendor will accept any awards as a result of this RFP. List all proposed subcontractors who will participate on the team. 2. Tab II, Business Plan (25 points) In this tab, include: .-� Description of the proposed contract team and the role to be played by each member of the proposed team. • Detailed plan of approach (including major tasks and sub - tasks). • Description of officer training (basic and advanced) • Description of equipment supplied to officers, include make, model. • Description of uniform(s). • Description of company's employee screening process including criminal background checks, drug and alcohol, Include with the Business Plan or as an attachment, a copy of a report as an example of work product. This should be for one of the projects listed as a reference 3. Tab III, Cost of Services to the County (15 points) Cost of Services to the County Position Status Employee's Chief ** Salary $65,000 Assistant Chief ** Salary $55,000 Major ** Salary $50,000 Contractor's Price Cost to the County $65,000 $ $55,000 $ $50,000 $ xx -xxx RFP_Non_CCNATemplate 07012013 17 Packet Page -674- Captain ** Salary $45,000 Sergeant ** Hourly $17.50 Corporal* Hourly $16.00 Executive Protection Officer* Hourly $16.00 Exe Prot. Officer* on details Hourly $21.00 Officer (armed)* Hourly $15.00 Officer (not armed)* Hourly $14.00 Operations Center* Hourly $16.00 Report Writing Hourly Markup on ammunition % Mark up on equipment % 1/28/2014 16.E.4. $45,000 $ $36,400 $ $33,280 $ $33,280 $ $31,200 $ $29,120 $ $33,270 $ $ Mark up on supplies (targets, shooting and security supplies) % *Does not include benefits. * *Regardless of being armed or not. The County may pay overtime at a rate of 1.5 for officers working details over 40 hours per week or 8 hours per day. Pricing should include any impact the Patient Protection and Affordable Care Act might have on their employees now or in the future. The County anticipates other positions will be added. Please provide markup on positions not listed above. Percentage mark up over what the employee receives for unidentified positions Include complete benefit package that will be provided to each officer. 4. Tab IV, Experience and Capacity of Firm (25 points) In this tab, include: • Provide information that documents your firm's-and subcontractors' qualifications to produce the required deliverables, including abilities, capacity, skill, and financial strength, and number of years of experience in providing the required services. • Describe the various team members' successful experience in working with one another on previous projects. xx -root RF P_Non_CCNATemplate_07012013 18 Packet Page -675- 1/28/2014 16.E.4. • List Current Projects in the Format Identified Below Original Final Project Number of Project Description Start Date End Date Budget Cost Change Orders 5. Tab V, Specialized Expertise of Team Members (5 points) In this tab, include: Description of the proposed contract team and the role to be played by each member of the team. Attach brief resumes of all proposed project team members who will be involved in the management of the total package of services, as well as the delivery of specific services. Attach resumes of any sub - consultants and attach letters of intent from stated sub - consultants must be included with proposal submission. 6. Tab VI, References (20 points) In order for the vendor to be awarded any points for this tab, the County requests that the vendor submits five (5) completed reference forms from clients whose projects are of a similar nature to this solicitation as a part of their proposal. The County will only use the methodology calculations for the first five (5) references (only) submitted by the vendor in their proposal. Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each vendor's information provided in this area: • The County shall total each of the vendor's five reference questionnaires and create a ranking from highest number of points to lowest number of points. References marked with an N/A (or similar notation will be given the score of zero (0)). Vendors who do not turn in reference forms will be counted as zero (0). • The greatest number of points allowed in this criterion will be awarded to the vendor who has the highest score. • The next highest vendor's number of points will be divided by the highest vendor's points which will then be multiplied by criteria points to determine the vendor's points awarded. Each subsequent vendor's point score will be calculated in the same manner. • Points awarded will be extended to the whole number per Microsoft Excel. For illustrative purposes only, see chart for an example of how these points would be distributed among the five proposers. Vendor Name Vendor Total Reference Score Points Awarded Vendor ABC 445 20 Vendor DEF 435 19.6 Vendor GHI 425 19.1 Vendor JKL 385 17.3 Vendor MNO 385 17.3 xx -xxx RFP Non_CCNATemplate_07012013 19 Packet Page -676- 1/28/2014 16.E.4. Vendor PQR 1 250 1 11.2 Note: Sample chart reflects a 20 point reference criterion. The points awarded by vendor will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the vendor's proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per vendor. The Selection Committee may, at their sole discretion, contact references, and/or modify the reference points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. 7. Tab VII, Acceptance of Conditions Indicate any exceptions to the general terms and conditions of the RFP, and to insurance requirements or any other requirements listed in this RFP. If no exceptions are indicated in this tabbed section, it will be understood that no exceptions to these documents will be considered after the award, or if applicable, during negotiations. Exceptions taken by a Vendor may result in evaluation point deduction(s) and /or exclusion of proposal for Selection Committee consideration, depending on the extent of the exception(s). Such determination shall be at the sole discretion of the County and Selection Committee. 8. Tab VIII, Required Form Submittals • Attachment 2: Vendor Check List • Attachment 3: Conflict of Interest Affidavit • Attachment 4: Vendor Declaration Statement • Attachment 5: Affidavit for Claiming Status as a Local Business • Attachment 6: Immigration Affidavit Certification • Attachment 7: Vendor Substitute W -9 • Attachment 8: Insurance and Bonding Requirements • Attachment 9: Reference Questionnaire • Other: i.e. signed addenda, licenses or certifications, promotional materials, etc. xx -root RFP_Non_CCNATemplate 07012013 20 Packet Page -677- Exhibit II: General RFP Instructions 1. Questions 1/28/2014 16.E.4. Direct questions related to this RFP to the Collier County Purchasing Department Online Bidding System website: www.collieraov.net/bid. Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Purchasing Department Online Bidding System website. For general questions, please call the referenced Procurement Strategist noted on the cover page. 2. Pre - Proposal Conference The purpose of the pre - proposal conference is to allow an open forum for discussion and questioning with County staff regarding this RFP with all prospective Vendors having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the RFP. Only written responses to written questions will be considered official, and will be included as part of this RFP as an addendum. All prospective Vendors are strongly encouraged to attend, as, this will usually be the only pre - proposal conference for this solicitation. If this pre - proposal conference is denoted as "mandatory", prospective Vendors must be present in order to submit a proposal response. 3. Compliance with the RFP Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFP may result in disqualification. 4. Ambiguity, Conflict, or Other Errors in the RFP It is the sole responsibility of the Vendor if the Vendor discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, to immediately notify the Procurement Strategist, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Strategist will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the Purchasing Department. 5. Proposal, Presentation, and Protest Costs The County will not be liable in any way for any costs incurred by any Vendor in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures. 6. Delivery of Proposals All proposals are to be delivered before 3:00 PM, Naples local time, on or before October 30, 2013 to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 i—. xx -)= RFP_Non CCNATemplate_07012013 21 Packet Page -678- 1/28/2014 16.E.4. Attn: Scott D. Johnson, Interim Acquisition Manager The County does not bear the responsibility for proposals delivered to the Purchasing Department past the stated date and /or time indicated, or to an incorrect address by Consultant's personnel or by the Consultant's outside carrier. However, the Purchasing /General Services Director, or designee, reserves the right to accept proposals received after the posted close time under the following conditions: • The tardy submission of the proposal is due to the following circumstances, which may include but not be limited to: late delivery by commercial carrier such as Fed Ex, UPS or courier where delivery was scheduled before the deadline. • The acceptance of said proposal does not afford any competing firm an unfair advantage in the selection process. Vendors must submit one (1) paper copy clearly labeled "Master," and seven (7) disks (CD's /DVD's) with one copy of the proposal on each disk in Word Excel or PDF. List the Solicitation Number and Title on the outside of the box or envelope. 7. Validity of Proposals No proposal can be withdrawn after it is filed unless the Vendor makes their request in writing to the County prior to the time set for the closing of Proposals. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process. 8. Method of Source Selection The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 87 -25, and Collier County Resolution Number 2007 -340 establishing and adopting the Collier County Purchasing Policy. The County may, as it deems necessary, conduct discussions with qualified Vendors determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. 9. Evaluation of Proposals The County's procedure for selecting is as follows: 1. The County Manager or designee shall appoint a Selection Committee to review all proposals submitted. 2. Request for Proposals issued. 3. Subsequent to the closing of proposals, the Procurement Strategist will review the proposals received and verify whether each proposal appears to be minimally responsive to the requirements of the published RFP. 4. Meetings will be open to the public and the Procurement Strategist shall publicly post prior notice of such meeting in the lobby of the Purchasing Building. 5. The committee members will review each Proposal individually and score each proposal based on the evaluation criteria stated herein. 6. Prior to the first meeting of the selection committee, the Procurement Strategist will post a notice announcing the date, time and place of the first committee meeting. Said notice shall be posted in the lobby of the Purchasing Building not less than three (3) working days prior to xx -)= UP_Non_CCNATemplate_07012013 22 Packet Page -679- 1/28/2014 16.E.4. the meeting. The Procurement Strategist will also post prior notice of all subsequent committee meetings and shall endeavor to post such notices at least one (1) day in advance of all subsequent meetings. 7. The committee will compile individual rankings, based on the evaluation criteria as stated- herein, for each proposal to determine committee recommendations. The committee may at their discretion, schedule presentations or demonstrations from the top- ranked firm(s), make site visits, and obtain guidance from third party subject matter experts. The final recommendation will be decided based on review of scores and consensus of committee. The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, and /or amendments as it may deem appropriate. Receipt of a proposal by the County or a submission of a proposal to the County offers no rights upon the Vendor nor obligates the County in any manner. Acceptance of the proposal does not guarantee issuance of any other governmental approvals. Proposals which include provisions requiring the granting of zoning variances shall not be considered. 10. References The County reserves the right to contact any and all references pertaining to this solicitation and related proposal. 11. Proposal Selection Committee and Evaluation Factors The County Manager shall appoint a Selection Committee to review all proposals submitted. The factors to be considered in the evaluation of proposal responses are listed below. Tab II, Business Plan Tab III, Cost of Services to the County Tab IV, Experience and Capacity of Firm Tab V, Specialized Expertise of Team Members Tab VI, References Local Vendor Preference „T,.O.T'AL 0 pts 25 pts 15 pts 25 pts 20 pts 10 pts 100 Pt's Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the firm with the lowest paid dollars by Collier County to the vendor (as obtained from the County's financial system) within the last five (5) years will receive the higher individual ranking. If there is a multiple firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall receive the higher ranking, the firm with the next lowest volume of work shall receive the next highest ranking and so on. 12. Acceptance or Rejection of Proposals The right is reserved by the County to waive any irregularities in any proposal, to reject any or all proposals, to re- solicit for proposals, if desired, and upon recommendation and justification by xx -root RFP Non_CCNATemplate_07012013 23 Packet Page -680- 1/28/2014 16.E.4. Collier County to accept the proposal which in the judgment of the County is deemed the most advantageous for the public and the County of Collier. Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection. In the event of default of the successful Vendor, or their refusal to enter into the Collier County contract, the County reserves the right to accept the proposal of any other Vendor or to re- advertise using the same or revised documentation, at its sole discretion. xx-xxx RFP_Non_CCNATemplate_07012013 24 Packet Page -681- 1/28/2014 16.E.4. Exhibit III: Collier County Purchase Order Terms and Conditions Offer and to comply with all carrier This offer is subject to cancellation by the regulations. Risk of loss of any goods COUNTY without notice if not accepted by sold hereunder shall transfer to the VENDOR within fourteen (14) days of COUNTY at the time and place of delivery; provided that risk of loss prior issuance. to actual receipt of the goods by the Acceptance and Confirmation COUNTY nonetheless remain with This Purchase Order (including all VENDOR. documents attached to or referenced b) No charges will be paid by the COUNTY therein) constitutes the entire agreement for packing, crating or cartage unless between the parties, unless otherwise otherwise specifically stated in this specifically noted by the COUNTY on the Purchase Order. Unless otherwise face of this Purchase Order. Each delivery provided in Purchase Order, no invoices of goods and /or services received by the shall be issued nor payments made COUNTY from VENDOR shall be deemed to prior to delivery. Unless freight and be upon the terms and conditions contained other charges are itemized, any in this Purchase Order. discount will be taken on the full amount of invoice. No additional terms may be added and c) All shipments of goods scheduled on the Purchase Order may not be changed except same day via the same route must be by written instrument executed by the consolidated. Each - shipping container COUNTY. VENDOR is deemed to be on must be consecutively numbered and notice that the COUNTY objects to any marked to show this Purchase Order additional or different terms and conditions number. The container and Purchase contained in any acknowledgment, invoice Order numbers must be indicated on bill or other communication from VENDOR, of lading. Packing slips must show notwithstanding the COUNTY'S acceptance Purchase Order number and must be or payment for any delivery of goods and /or included on each package of less than services, or any similar act by VENDOR. container load (LCL) shipments and /or with each car load of equipment. The i. Inspection COUNTY reserves the right to refuse or All goods and /or services delivered return any shipment or equipment at hereunder shall be received subject to the VENDOR'S expense that is not marked COUNTY'S inspection and approval and with Purchase Order numbers. payment therefore shall not constitute VENDOR agrees to declare to the acceptance. All payments are subject to carrier the value of any shipment made adjustment for shortage or rejection. All under this Purchase Order and the full defective or nonconforming goods will be invoice value of such shipment. returned pursuant to VENDOR'S instruction d) All invoices must contain the Purchase at VENDOR'S expense. Order number and any other specific information as identified on the To the extent that a purchase order requires Purchase Order. Discounts of prompt a series of performances by VENDOR, the payment will be computed from the date COUNTY prospectively reserves the right to of receipt of goods or from date of cancel the entire remainder of the Purchase receipt of invoices, whichever is later. Order if goods and /or services provided Payment will be made upon receipt of a early in the term of the Purchase Order are proper invoice and in compliance with non - conforming or otherwise rejected by the Chapter 218, Fla. Stats., otherwise COUNTY. known as the "Local Government 4. Shipping and Invoices Prompt Payment Act," and, pursuant to a) All goods are FOB destination and must the Board of County Commissioners be suitably packed and prepared to Purchasing Policy. secure the lowest transportation rates roc -xxx UP Non CCNATemplate_07012013 25 Packet Page -682- 1/28/2014 16.E.4. 5. Time Is Of the Essence and transportation shall conform to all Time for delivery of goods or performance of applicable laws, including but not limited to services under this Purchase Order is of the the Occupational Health and Safety Act, the essence. Failure of VENDOR to meet Federal Transportation Act and the Fair delivery schedules or deliver within a Labor Standards Act, as well as any law or reasonable time, as interpreted by the regulation noted on the face of the Purchase COUNTY in its sole judgment, shall entitle Order. the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to 9. Advertising reimburse the COUNTY for any expenses No VENDOR providing goods and services incurred in enforcing its rights. VENDOR to the COUNTY shall advertise the fact that further agrees that Undiscovered delivery of it has contracted. with the COUNTY for nonconforming goods and /or services is not goods and /or services, or appropriate or a waiver of the COUNTY'S right to insist make use of the COUNTY'S name or other upon further compliance with all identifying marks or property without the specifications. prior written consent of the COUNTY'S Purchasing Department. 6. Changes The COUNTY may at any time and by written notice make changes to drawings 10. Indemnification and specifications, shipping instructions, VENDOR shall indemnify and hold harmless quantities and delivery schedules within the the COUNTY from any and all claims, general scope of this Purchase Order. including claims of negligence, costs and Should any such change increase or expenses, including but not limited to decrease the cost of, or the time required for attorneys' fees, arising from, caused by or performance of the Purchase Order, an related to the injury or death of any person equitable adjustment in the price and /or (including but not limited to employees and delivery schedule will be negotiated by the agents of VENDOR in the performance of COUNTY and VENDOR. Notwithstanding their duties or otherwise), or damage to the foregoing, VENDOR has an affirmative property (including property of the COUNTY obligation to give notice if the changes will or other persons), which arise out of or are decrease costs. Any claims for adjustment incident to the goods and /or services to be by VENDOR must be made within thirty (30) provided hereunder. days from the date the change is ordered or within such additional period of time as may 11. Warranty of Non - Infringement be agreed upon by the parties. VENDOR represents and warrants that all goods sold or services performed under this 7. Warranties Purchase Order are: a) in compliance with VENDOR expressly warrants that the goods applicable laws; b) do not infringe any and /or services covered by this Purchase patent, trademark, copyright or trade secret; Order will conform to the specifications, and c) do not constitute unfair competition. drawings, samples or other descriptions furnished or specified by the COUNTY, and VENDOR shall indemnify and hold harmless will be of satisfactory material and quality the COUNTY from and against any and all production, free from defects and sufficient claims, including claims of negligence, costs for the purpose intended. Goods shall be and expense, including but not limited to delivered free from any security interest or attorneys' fees, which arise from any claim, other lien, encumbrance or claim of any third suit or proceeding alleging that the party. These warranties shall survive COUNTY'S use of the goods and /or inspection, acceptance, passage of title and services provided under this Purchase Order payment by the COUNTY. are inconsistent with VENDOR'S representations and warranties in section 11 8. Statutory Conformity (a). Goods and services provided pursuant to this Purchase Order, and their production xx -)ocx RFP_Non CCNATemplate_07012013 26 Packet Page -683- If any claim which arises from VENDOR'S breach of section 11 (a) has occurred, or is likely to occur, VENDOR may, at the COUNTY'S option, procure for the COUNTY the right to continue using the goods or services, or replace or modify the goods or services so that they become non - infringing, (without any material degradation in performance, quality, functionality or additional cost to the COUNTY). 12. Insurance Requirements The VENDOR, at its sole expense, shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Purchase Order. Providing and maintaining adequate insurance coverage is a material obligation of the VENDOR. All insurance policies shall be executed through insurers authorized or eligible to write policies in the State of Florida. 13. Compliance with Laws In fulfilling the terms of this Purchase Order, VENDOR agrees that it will comply with all federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non - exhaustive example, this shall include the American with Disabilities Act and all prohibitions against discrimination on the basis of race, religion, sex creed, national origin, handicap, marital status, or veterans' status. Further, VENDOR acknowledges and without exception or stipulation shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Any breach of this provision may be regarded by the COUNTY as a material and substantial breach of the contract arising from this Purchase Order. 14. Force Majeure Neither the COUNTY nor VENDOR shall be responsible for any delay or failure in performance resulting from any cause 1/28/2014 16.E.4. beyond their control, including, but without limitation to war, strikes, civil disturbances and acts of nature. When VENDOR has knowledge of any actual or potential force majeure or other conditions which will delay or threatens to delay timely performance of this Purchase Order, VENDOR shall immediately give notice thereof, including all relevant information with respects to what steps VENDOR is taking to complete delivery of the goods and /or services to the COUNTY. 15. Assignment VENDOR may not assign this Purchase Order, nor any money due or to become due without the prior written consent of the COUNTY. Any assignment made without such consent shall be deemed void. 16. Taxes Goods and services procured subject to this Purchase Order are exempt from Florida sales and use tax on real property, transient rental property rented, tangible personal purchased or rented, or services purchased (Florida Statutes, Chapter 212), and from federal excise tax. 17. Annual Appropriations The COUNTY'S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 18. Termination This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the VENDOR. This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the terms and conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of such breach and VENDOR has failed to cure within 10 days of receipt of such notice. 19. General a) This Purchase Order shall be governed by the laws of the State of Florida. The venue for any action brought to specifically enforce any of the terms and conditions of this Purchase Order shall be the Twentieth Judicial Circuit in and for Collier County, Florida xx -pa UP Non CCNATemplate_07012013 27 Packet Page -684- 3 C) m 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. 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. The Vendor agrees to reimbursement of any travel expenses , that may be 1/28/2014 16.E.4. associated with this Purchase Order in accordance with Florida Statute Chapter 112.061, Per Diem and Travel Expenses for Public Officers, employees and authorized persons. e) In the event of any conflict between or among the terms of any Contract Documents related to this Purchase Order, the terms of the Contract Documents shall take precedence over the terms of the Purchase Order. -To the extent any terms and /or conditions of .this Purchase Order duplicate or overlap the Terms and Conditions of the Contract Documents, the provisions of the Terms and /or Conditions that are most favorable to the County and /or provide the greatest protection to the County shall govern. Packet Page -685- xx -pa RFP Non_CCNATemplate_07012013 28 1/28/2014 16.E.4. Exhibit IV: Additional Terms and Conditions for RFP 1. Insurance Requirements The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining, its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project ^ description, or must read: For any and all work performed on behalf of Collier County. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida The amounts and types of insurance coverage shall conform to the minimum requirements set forth in the Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self- insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self - insured retentions or deductibles will be Vendor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and /or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non - renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor roc -root RFP Non_CCNATemplate_07012013 29 Packet Page -686- 1/28/2014 16.E.4. hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 2. Offer Extended to Other Governmental Entities Collier County encourages and agrees to the successful vendor extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful vendor. 3. Additional Items and/or Services Additional items and / or services may be added to the resultant contract, or purchase order, in compliance with the Purchasing Policy. 4. Use of Subcontractors Bidders on any service related project, including construction, must be qualified and directly responsible for 95% or more of the solicitation amount for said work. 6. County's Right to Inspect The County or its authorized Agent shall have the right to inspect the Vendor's facilities /project site during and after each work assignment the Vendor is performing. 6. Additional Terms and Conditions of Contract Collier County has developed standard contracts /agreements, approved by the Board of County Commissioners (BCC). The selected Vendor shall be required to sign a standard Collier County contract within twenty one (21) days of Notice of Selection for Award. The 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. 7. Payment Method Packet Page -687- xx -)= ^ RFP_N on_CCNATemplate_07012013 30 1/28/2014 16.E.4. Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, '-` Florida Statutes. Vendor's invoices must include: • Purchase Order Number • Description and quantities of the goods or services provided per instructions on the County's purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk's Finance Department ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or emailed to: bccapclerka- colliercierk.com. Collier County, in its sole discretion, will determine the method of payment for goods and /or services as part of this agreement. Payment methods include: • Traditional - payment by check, wire transfer or other cash equivalent. • Standard - payment by purchasing card. Collier County's Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. The County may not accept any additional surcharges (credit card transaction fees) as a result of 10-N using the County's credit card for transactions relating to this solicitation. The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an "Additional Cash Discount." Upon execution of the Contract and completion of each month's work, payment requests may be submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices should be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized by the Project Manager. Payments will be made for articles and /or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non - payment under the legal doctrine of °laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. xx -xxx RFP_Non_CCNATemplate 07012013 31 Packet Page -688- 1/28/2014 16.E.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. 8. Environmental Health and Safety All Vendors and Sub vendors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and /or right -of -way for the purpose of inspection of any Vendor's work operations. This provision is non - negotiable by any department and /or Vendor. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 9. Licenses The Vendor is required to possess the correct Business Tax Receipt, professional license, and any 111—N, other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Vendor to submit the required documentation may be grounds to deem Vendor non - responsive. A Vendor, with an office within Collier County is also required to have an occupational license. All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license /registration will need to be renewed thereafter to remain "active" in Collier County. If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252 -2431, 252 -2432 or 252 -2909. Questions regarding required occupational licenses, please contact the Tax Collector's Office at (239) 252- 2477. 10. Principals /Collusion By submission of this Proposal the undersigned, as Vendor, does declare that the only person or persons interested in this Proposal as principal or principals is /are named therein and that no person other than therein mentioned has any interest in this Proposal or in the contract to be entered into; roc -root RFP_Non_CCNATemplate 07012013 32 Packet Page -689- 1/28/2014 16.E.4. that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. 11. Relation of County It is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor, and that neither the Vendor nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said Vendor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 12. Termination Should the Vendor be found to have failed to perform his services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non - performance. 13. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a Proposal. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this Proposal, with the exception of the Purchasing Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. 14. Public Records Compliance The Vendor /Contractor agrees to comply with the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2) (a) -(d) and (3)), ordinances, codes, rules, regulations and requirements of any governmental agencies. 15. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.org /search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 16. Single Proposal Each Vendor must submit, with their proposal, the required forms included in this RFP. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub - consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a XX-XXX RFP_Non CCNATemplate_07012013 33 Packet Page -690- 1/28/2014 16.E.4. primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub - consultant to any other firm or firms submitting under the same RFP. All submittals in violation of this requirement will be deemed non - responsive and rejected from further consideration. 110—N 17. Survivability Remove two of the three clauses that do not apply Bids (ITBs /RFPs): The Consultant/Contractor/Vendor agrees that any Work Order /Purchase Order that extends beyond the expiration date of Solicitation 13 -6163 resultant of this solicitation will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of any Work Order /Purchase Order. 18. Protest Procedures Any actual or prospective Vendor to a Request for Proposal, who is aggrieved with respect to the former, shall file a written protest with the Purchasing Director prior to the due date for acceptance of proposals. All such protests must be filed with the Purchasing Director no later than 11:00 a.m. Collier County time on the final published date'for the acceptance of the Request for Proposals. The Board of County Commissioners will make award of contract in public session. Award recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and Thursdays. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Purchasing Director. 19. Public Entity Crime A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 20. Security and Background Checks If required, Vendor / Contractor / Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department, and drug testing for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. XX-) RFP Non CCNATemplate 07012013 34 Packet Page -691- 1/28/2014 16.E.4. 21. Conflict of Interest Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP document. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 22. Prohibition of Gifts to County Employees No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. 23. Immigration Affidavit Certification Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E- Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet - based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Vendors / Bidders are required to enroll in the E- Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's /bidder's proposal. Acceptable evidence consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E- Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E- Verify Program. The affidavit is attached to the solicitation documents. If the BidderlVendor does not comply with providing both the acceptable E- Verify evidence and the executed affidavit the bidder's / vendor's proposal may be deemed non - responsive. Additionally, vendors shall require all subcontracted vendors to use the E- Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E- Verify) program visit the following website: http: / /www.dhs.gov /E- Verify. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. xx -xxx UP—Non CCNATemplate_07012013 35 Packet Page -692- 1/28/2014 16.E.4. 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 se q. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 24. Collier County Local Preference Policy Collier County provides an incentive to local business to enhance the opportunities of local businesses in the award of County contracts. In the evaluation of proposals, the County rewards Vendors for being a local business by granting a ten (10) points incentive in the evaluation criterion points. A "local business" is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a .physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and 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 either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee 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. The vendor must complete and submit with their proposal response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a vendor to submit this Affidavit with their proposal response will preclude said Vendor from being considered for local preference under this solicitation. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. XX-X ^ RFP Non CCNATemplate_07012013 36 Packet Page -693- 1/2812014 16.E.4. ldn- gnisntive Gervi Dwoon Purchasing Attachment 1: Vendor's Non - Response Statement The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons for prospective Vendors not wishing to respond to this solicitation. If your firm is not responding to this RFP, please indicate the reason(s) by checking the item(s) listed below and return this form via email or fax, noted on the cover page, or mail to Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. We are not responding,to Solicitation 13 -6163 Security Services for the following reason(s): ❑ Services requested not available through our company. ❑ Our firm could not meet specifications /scope of work. ❑ Specifications /scope of work not clearly understood or applicable (too vague, rigid, etc.) ❑ Project is too small. ❑ Insufficient time allowed for preparation of response. ❑ Incorrect address used. Please correct mailing address: ❑ Other reason(s): Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Date roc -root RF P_Non_CCNATemplate_07012013 37 Packet Page -694- 1/28/2014 16.E.4. Attachment 2: Vendor Check List IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your Proposal. Vendor should check off each of the following items as the necessary action is completed: ❑ The Proposal has been signed. ❑ All applicable forms have been signed and included, along with licenses to complete the requirements of the project. ❑ Any addenda have been signed and included. ❑ The mailing envelope has been addressed to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Scott D. Johnson, Interim Acquisition Manager ❑ The mailing envelope must be sealed and marked with Solicitation 13 -6163 Security Services and October 30, 2013. ❑ The Proposal will be mailed or delivered in time to be received no later than the specified due date and time. (Otherwise Proposal cannot be considered.) ALL COURIER - DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Date xx -xxx UP—Non CCNATemplate_07012013 38 Packet Page -695- 1/28/2014 16.E.4. Ce- CONi�i' AdrnrusuatNe Semes DMsi©n Purchasing Attachment 3: Conflict of Interest Affidavit By the signature below, the firm (employees, officers and /or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work; and bear on whether the firm (employees, officers and /or agents) has a possible conflict have been fully disclosed. Additionally, the firm (employees, officers and /or agents) agrees to immediately notify in writing the Purchasing /General Services Director, or designee, if any actual or potential conflict of interest arises during the contract and /or project duration. Firm Signature and Date: Print Name Title of Signatory State of _ County of _ SUBSCRIBED AND SWORN to before me this day of 20 by who is personally known to me to be the for the Firm, OR who produced the following identification Notary Public My Commission Expires Packet Page -696- XX-XXX RFP_Non CCNATemplate_07012013 39 1/28/2014 16.E.4. CAL Comozy AdRTl4r wa+tve Sem= Dw sion Purchasing Attachment 4: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: Solicitation: 13 -6163 Security Services Dear Commissioners: The undersigned, as Vendor declares that this proposal is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor agrees, if this proposal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the proposal pertains. The Vendor states that the proposal is based upon the proposal documents listed by Solicitation: 13 -6163 Security Services. (Proposal Continued on Next Page) xx -XXX ^ UP_Non_CCNATemplate 07012013 40 Packet Page -697- 1/28/2014 16.E.4. PROPOSAL CONTINUED IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of 20 in the County of in the State of Firm's Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority Document Number: Federal Tax Identification Number CCR # or CAGE Code Telephone: FAX: Signature by: (Typed and written) Title: Additional Contact Information Send payments to: (required if different from above) Company name used as payee n Contact name: Title: Address: City, State, ZIP Telephone: FAX: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email xx -)= RFP_Non_CCNATemplate 07012013 41 Packet Page -698- 1/28/2014 16.E.4. Attachment 5: Affidavit for Claiming Status as a Local Business Solicitation: 13 -6163 Security Services (Check Appropriate Boxes Below) State of Florida (Select County if Vendor is described as a Local Business ❑ Collier County ❑ Lee County Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy; A "local business" is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and 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 either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee 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. Vendor must complete the following information: Year Business Established in ❑Collier County or ❑ Lee County: Number of Employees (Including Owner(s) or Corporate Officers): Number of Employees Living in ❑ Collier County or ❑ Lee (Including Owner(s) or Corporate Officers): If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable. Vendor Name: Date: Collier or Lee County Address: Signature: STATE OF FLORIDA ❑ COLLIER COUNTY ❑ LEE COUNTY Title: Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this Day of ,20 Notary Public My Commission Expires: (AFFIX OFFICIAL SEAL) Packet Page -699- xx -)= RFP_Non_C CNATemplate_07012013 42 1/28/2014 16.E.4. C010mr. County A&n nr&m- -Semms D4mwn Pur..hasinq Attachment 6: Immigration Affidavit Certification Solicitation: 13 -6163 Security Services This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are required to enroll in the E- Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's /bidder's proposal. Acceptable evidence consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E- Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E Verify program may deem the Vendor / Bidder's proposal as non - responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ( "INA "). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E- Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E- Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's / Bidder's proposal. Company Name Print Name Title Signature Date State of County of The foregoing instrument was signed and acknowledged before me this day of 20_, by who has produced as identification. (Print or Type Name) (Type of Identification and Number) Notary Public Signature Printed Name of Notary Public Notary Commission Number /Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. �1 xx -xxx RFP Non CCNATemplate_07012013 43 Packet Page -700- 1/28/2014 16.E.4. Coder. Comity Atlm � Qivisbn !>urehss�nc Attachment 7: Vendor Substitute W — 9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name (as shown on income tax return) Business Name (if different from taxpayer name) Address City I State Telephone Order Information Address FAX City State Zip FAX Email 2. Company Status (check only one) Zip Email Remit / Payment Information Address City State Zip FAX Email Individual / Sole Proprietor _Corporation _Partnership _Tax Exempt (Federal income tax- exempt entity _ Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c) 3) Enter the tax classification (D = Disregarded Entity, C = Corporation, P = Partnership) 3. Taxpayer Identification Number (for tax reporting purposes only) Federal Tax Identification Number (TIN) (Vendors who do not have a TIN, will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. Signature Date Title Phone Number xx -xxx RFP_Non_CCNATemplate_07012013 44 Packet Page -701- 1/28/2014 16.E.4. wt�� 4. ® Automobile Liability $ 1.000.000.00 Each Occurrence; Bodily Injury & Property Damage, Owned /Non- owned /Hired; Automobile Included 5. ❑ Other insurance as ❑ Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ Per Occurrence $ 500,000 each claim and in the aggregate $1,000,000 each claim and in the aggregate $2,000,000 each claim and in the aggregate ❑ Professional Liability $ per claim and in Packet Page -702- Adr nis ,-- Service Division r�ur^,.hasrc Attachment 8: Insurance and Bonding Requirements Insurance J Bond T .ype 1. ® Worker's Required Limits Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $2.000.000.00 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $2.000.000,0_0 single limit per occurrence, $2,000,000 aggregate for Bodily ISO form Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor /Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor /Consultant or anyone employed or utilized by the ContractorNendor /Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. ® Automobile Liability $ 1.000.000.00 Each Occurrence; Bodily Injury & Property Damage, Owned /Non- owned /Hired; Automobile Included 5. ❑ Other insurance as ❑ Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ Per Occurrence $ 500,000 each claim and in the aggregate $1,000,000 each claim and in the aggregate $2,000,000 each claim and in the aggregate ❑ Professional Liability $ per claim and in Packet Page -702- 1/28/2014 16.E.4. the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ❑ Valuable Papers Insurance $ Per Occurrence 6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ❑ Performance and For projects in excess of $200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A -" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. ® Thirty (30) Days Cancellation Notice required. Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm Date Vendor Signature Print Name Insurance Agency Agent Name Telephone Number xx -XXX RFP Non_CCNATemplate_07012013 46 Packet Page -703- C:�n�ier CotrrcG' A;JRk arawe Semmes Dmson Purchamnc Attachment 9: Reference Questionnaire Solicitation: 13 -6163 Security Services Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: (Evaluator completing reference questionnaire) Email FAX: 1/28/2014 16.E.4. Company: (Evaluator's Company completing reference) Telephone: Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm /individual again) and 1 representing that you were very unsatisfied (and would never hire the firm /indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: n Project Budget: Change Orders - Dollars Added : Completion Date: Project Number of Days: Change Orders - Days Added: Item < Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on -time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Close out project process (final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow County policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS Please FAX this completed survey to: By xx -xxx RFP_Non_CC NATemplate_07012013 47 Packet Page -704-