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Agenda 03/25/2014 Item #16D9 3/25/2014 16.D.9. EXECUTIVE SUMMARY Recommendation to award Invitation to Bid No. 14-6199, Older Americans Act Title IIIE Facility Respite and Adult Daycare,to Arden Courts-Lely Palms of Naples Florida, LLC. OBJECTIVE: To provide Facility Respite and Adult Daycare services to Collier County Services for Seniors' clients. CONSIDERATIONS: Collier County Services for Seniors has provided support services to Collier County's qualified senior citizens for over thirty-three years through Older Americans Act (OAA) programs. Services for Seniors is a comprehensive program offered to qualified seniors in need of services to prevent, decrease, or delay expensive placement in nursing homes or other institutions. The goal of the program is to assist the elderly in living as independently as possible in their own home, or in the homes of caregivers. OAA Title IIIE Facility Respite and Adult Daycare services are the provision of short-term, temporary relief to those caring for family members who might otherwise require costly permanent placement in a facility outside the home. As a Lead Agency, Services for Seniors is required to enter into a contractual agreement with area service providers to administer the OAA IIIE Facility Respite and Adult Daycare services, which have an estimated annual expenditure of$50,000. A unit rate reimbursement is provided through Grant Agreement OAA 203.14 between Collier County and the Area Agency on Aging for Southwest Florida, Inc, d/b/a Senior Choices of Southwest Florida (Senior Choices). The contract period of the OAA programs is January 1, 2014 through December 31, 2014. The grant award was approved by the Board on February 11, 2014(Agenda item 16D5). As a requirement of the grant, services must be competitively procured and contracted by the Lead Agency. Housing, Human, and Veteran Services and the Purchasing Department developed an Invitation to Bid with applicable federal and state grant requirement language. The County's Local Vendor Preference language was omitted, as this practice is prohibited by grant regulations. Notices were sent to 207 firms, and a legal ad published in Naples Daily News on December 13, 2013. Nineteen solicitation packages were downloaded and one bid response was received by the established deadline of January 15, 2014. Arden Courts was the only vendor to respond, and their response was partially incomplete. Staff contacted them and all required forms are now included and meet all requirements of the Invitation to Bid and is recommended for award. Staff recommends that the Board find this a minor irregularity as no changes were made to bid pricing. FISCAL IMPACT: No new fiscal impact is associated with this action. The vendor will be reimbursed at a unit rate established in the contract, estimated at $50,000; Collier County Services for Seniors will in turn be reimbursed in accordance with the Grant Agreement OAA 203.14. Funds are made available by the Area Agency on Aging for Southwest Florida, and are budgeted in Human Services Grant Fund 707, OAA 3E Project Number 33307. GROWTH MANAGEMENT IMPACT: There is no growth management impact from this recommendation. Packet Page-1176- 3/25/2014 16.D.9. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board approval.-ERP RECOMMENDATION: That the Board of County Commissioners awards Invitation to Bid No. 14-6199, Older Americans Act Title IIIE Facility Respite and Adult Daycare, to Arden Courts-Lely Palms of Naples Florida, LLC and authorizes the Chairman to execute a County attorney-approved contract. Prepared By: Lisa N. Carr, Grants Coordinator, Housing, Human and Veteran Services Attachments: 1) OAA IIIE Arden Courts Contract(Due to the size of the contract, a web link has be provided for viewing at http://www.col liergov.net/ftp/AgendaMar25 l 4/PubServices/l 6D 1 41 1295 ArdenCourtsCo ntract.pdf. A hard copy is also available at the County Manager's Office.) 2) Bid Tabulation 3) Invitation to Bid Packet Page-1177- 3/25/2014 16.D.9. COLLIER COUNTY Board of County Commissioners Item Number: 16.D.9 Item Summary: Recommendation to award Invitation to Bid No. 14-6199,Older Americans Act Title IIIE Facility Respite and Adult Daycare,to Arden Courts-Lely Palms of Naples Florida,LLC. Meeting Date: 3/25/2014 Prepared By Name: LisaCarr Title: Grants Coordinator,Housing,Human&Veteran Services Approved By Name: DeSearJacquelyn Title: Accountant, Housing,Human&Veteran Services Date: 3/10/2014 2:43:09 PM Name: WardKelsey Title: Manager-Procurement, Purchasing&General Services Date: 3/10/2014 3:20:45 PM Name: MarkiewiczJoanne Title: Director-Purchasing/General Services,Purchasing&General Services Date: 3/10/2014 3:30:27 PM Name: SonntagKristi Title: Manager-Federal/State Grants Operation,Housing, Human& Veteran Services Date: 3/10/2014 4:39:20 PM Name: KaseeskaMillie Title: Procurement Specialist, Purchasing&General Services Date: 3/11/2014 9:44:12 AM Name: Bendisa Marku Title: Supervisor-Accounting,Housing, Human&Veteran Services Date: 3/11/2014 10:11:40 AM Packet Page-1178- 3/25/2014 16.D.9. Name: JohnsonScott Title: Procurement Specialist,Purchasing&General Services Date: 3/11/2014 8:28:19 PM Name: TownsendAmanda Title: Director-Operations Support, Public Services Division Date: 3/12/2014 7:07:20 AM Name:AlonsoHailey Title: Operations Analyst,Public Services Division Date: 3/12/2014 1:33:58 PM Name: GrantKimberley Title: Director-Housing, Human and Veteran S, Housing, Human&Veteran Services Date: 3/13/2014 10:01:55 AM Name: CarnellSteve Title: Administrator-Public Services,Public Services Division Date: 3/13/2014 1:18:48 PM: Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 3/13/2014 3:13:53 PM: Name: RobinsonErica Title: Accountant, Senior, Grants Management Office Date 3/14/2014 9:02:28 AM : Name: FinnEd Title: Management/Budget Analyst, Senior, Transportation Engineering&Construction Management Date: 3/17/2014 10:06:02 AM Name: StanleyTherese Title: Management/Budget Analyst, Senior, Grants Management Office Date: 3/17/2014 10:48:13 AM Name: CarrLisa Title: Grants Coordinator,Housing, Human&Veteran Services Date: 3/17/2014 11:23:42 AM Name: KlatzkowJeff Title: County Attorney, Date: 3/17/2014 11:57:12 AM Packet Page-1179- 3/25/2014 16.D.9. 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V* zt Administrative Services Division Purchasing GRANT FUNDED INVITATION TO BID Date: December 13, 2013 From: Millie Kaseeska, Procurement Strategist (239) 252-8935, Telephone Number (239) 252-6756, FAX MillieKaseeska @colliergov.net, Email Address To: Prospective Vendors Subject: Solicitation: 14-6199 Older Americans Act (OAA) Title IIIE Facility Respite and Adult Daycare Services As requested by Collier County Housing, Human and Veterans Services Department, the Collier County Board of County Commissioners Purchasing Department has issued this ITB for the purpose of obtaining fair and competitive responses. Please refer to the Public Notice included in this document for the opening date and time and any applicable pre-ITB conference. All questions regarding this ITB must be submitted online on the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. All responses to questions will be posted on the website with electronic notification to all prospective vendors. We look forward to your participation in Collier County's competitive procurement process. cc: Ashley Royer Note: All ITB responses submitted manually must be submitted as one (1 ) original labeled MASTER and one (1 ) exact duplicate copy, including any required forms. All ITB responses submitted electronically must be submitted at: www.colliergov.net/bid. 1 Packet Page-1182- 3/25/2014 16.D.9. Invitation to Bid Index LEGAL NOTICE 3 EXHIBIT I: SCOPE OF WORK,SPECIFICATIONS AND RESPONSE FORMAT 4 EXHIBIT LA:GRANTING AGENCY REQUIREMENTS 15 EXHIBIT 1B 17 EXHIBIT III:STANDARD PURCHASE ORDER TERMS AND CONDITIONS 23 EXHIBIT IV:ADDITIONAL ITB TERMS AND CONDITIONS 26 ATTACHMENT 1:VENDOR'S NON-RESPONSE STATEMENT 35 ATTACHMENT 2:VENDOR'S CHECK LIST 36 ATTACHMENT 3:VENDOR RESPONSE FORM 37 ATTACHMENT 4:IMMIGRATION LAW AFFIDAVIT CERTIFICATION 39 ATTACHMENT 5:VENDOR SUBSTITUTE W-9 40 ATTACHMENT 6:INSURANCE AND BONDING REQUIREMENTS 41 ATTACHMENT 7: STATE FORM 7033 43 ATTACHMENT 8:SERVICE PROVIDER SUMMARY INFORMATION PAGE 46 ATTACHMENT 9:MATCH COMMITMENT 48 ATTACHMENT 10:CERTIFICATION OF 60 DAYS OPERATING FUNDS 49 ATTACHMENT 11:HIPAA COMPLIANCE ASSURANCE 50 ATTACHMENT 12:STATEMENT OF NO INVOLVEMENT AND CONTRACT TERMS AND CONDITIONS 51 ATTACHMENT 13:STATEMENT OF COMPLIANCE WITH SERVICE STANDARDS AND REQUIREMENTS AND ACKNOWLEDGEMENT OF COMPLIANCE WITH ALL GRANT REQUIREMENTS 52 ATTACHMENT 14:DEBARMENT AND SUSPENSION 53 ATTACHMENT 15:CONFLICT OF INTEREST AFFIDAVIT 54 2 Packet Page-1183- 3/25/2014 16.D.9. Legal Notice Sealed bid responses for Solicitation 14-6199 Older Americans Act (OAA) Title IIIE Facility Respite and Adult Daycare Services, will be received electronically at www.colliergov.net/bid or manually at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112 until 2:30 p.m. Collier County local time on 01/15/2014. ITB responses received after the stated time and date will not be accepted. Solicitation 14-6199 Older American Act(OAA) Title IIIE Facility Respite and Adult Daycare Services A non-mandatory pre-bid conference will be held on 01/3/2014, commencing promptly at 11:00 AM and held at 3327 Tamiami Trail East, Naples Florida. All questions regarding this ITB must be submitted online on the Collier County Purchasing Department Online Bidding System website: www.collierciov.net/bid. All responses to questions will be posted on the website with electronic notification to all prospective vendors. All solicitation responses must be made on the official ITB response forms included and only available for download from the Collier County Purchasing Department Online Bidding System website noted herein. ITB Documents obtained from sources other than Collier County Purchasing Online Bidding System may not be accurate or current. Collier County encourages vendors to utilize recycled paper on all manual bid response submittals. 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 Joanne Markiewicz Interim Purchasing/General Services Director Publicly posted on the Collier County Purchasing Department website: www.colliergov.net/purchasinq and in the lobby of the Purchasing Building on 12/13/13. 3 Packet Page-1184- 3/25/2014 16.D.9. Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Housing, Human and Veterans Services Department(hereinafter, the "Division or Department"), the Collier County Board of County Commissioners Purchasing Department (hereinafter, "County") has issued this Invitation to Bid (hereinafter, "ITB")with the intent of obtaining bids from interested and qualified firms in accordance with the terms, conditions and specifications stated or attached. The Vendor, at a minimum, must achieve the requirements of the Scope of Work and specifications stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Purchasing Policy. Brief Description of Purchase The purpose of this Invitation to Bid is to secure vendors for the provision of 24 hour Facility Respite and Adult Day Care community-based services to be delivered under Older Americans Act Title IIIE (OAA)to persons sixty years and older within the geographic area of Collier County. Historically, County departments have spent approximately$84,500. This document contains essential information about the organization including items considered part of"essential criteria." The contract period for OAA funding is January 1, 2014 through December 31, 2019. The maximum possible duration for any contractor under this ITB for OAA funding will be six (6) years. As outlined in the regulations pertaining to this funding source, Florida Statute 430.024 requires each vendor must contribute an in-kind match of no less than 10%for the OAA program. Background The OAA program is a federal program initiative that provides assistance to older persons and caregivers and is the only federal supportive services program directed solely towards improving the lives of older people. The program provides a framework for a partnership among the different levels of government and the public and private sectors with a common objective, improving the quality of life for all older individuals by helping them to remain independent and productive. The primary purpose of the OAA program is to foster and development and implementation of comprehensive and coordinated systems to serve older individuals. The OAA program uses these systems to assist older individuals to attain and maintain maximum independence and dignity in a home environment and allows for the capability of self-care with appropriate supportive services. Collier County Housing, Human and Veteran Services, "Services for Seniors.Program is the Lead Agency for Collier County and has been providing case management services to Collier County's seniors for over 33 years. The relevant authority governing this program and reference memoranda are detailed within the Lead agency's contract and may be provided upon request. Collier County is the largest county in the State of Florida, comprised of over 2,305 square miles. Southwest Florida elders are the fastest growing population in the state. This area is home to more than 528,300 persons over the age of sixty years. Detailed Scope of Work The purpose of this solicitation is to secure vendors for the provision of community-based services to be delivered to persons sixty years and older under the OAA program, within the geographic area of Collier County. Unless otherwise stated, For Adult Day Care minimum hours of availability 7:00 am to 5:00 pm Monday through Saturday, except for federal and state holidays. Facility Respite services must be available 24 hours/day, 365 days/year if needed. 4 Packet Page-1185- Definitions, standards, and requirements of these services are included in the 2012 Deb,3/25/2014 16.D.9.–.— Affairs' Home and Community Based Services (DOEA) Handbook. Those interested in providing the services detailed below must adhere to all requirements in this ITB, in addition to maintaining adherence with the guidelines set for by the then current DOEA Handbook. Lack of knowledge of all requirements of a service listed in the bid shall not relieve the provider of liability and obligations under the agreement. Collier County shall serve as the Lead Agency for service authorization and coordination. In an effort to comply with the requirements of the OAA Program, clients entering the service system will be assessed and prioritized by the Lead Agency. Upon determination of the service level to be provided, the Lead Agency will offer the client a listing of service vendors for specific service(s) outlined in their care plan. The client will be encouraged to pick a service provider of their choice, and have the option of interviewing potential service providers. Should the client not have a preference, the Lead Agency will select a service provider from the centralized provider list, using a rotation basis (rotating to the next vendor on the list). In this manner, all service providers will be equally treated unless, the client has a preference. The Lead Agency shall not endorse one service provider over another. Upon determination of the service, the service levels, and the selected vendor, the Lead Agency will contact the vendor agency, and authorize the service, number of hours, and frequency. In keeping with the state policy of client choice of services, Collier County does not guarantee a minimum or maximum number of clients that will be referred, or a minimum or maximum number of service hours that will be requested during the contract period. Should a client later indicate dissatisfaction with the chosen service provider, they will again be offered their choice of the remaining service providers for that service. The Lead Agency shall send the agreed-upon Service Authorization to the chosen provider. These "service authorizations" or"service orders" must contain necessary client information, such as street address, telephone number, and services or items needed, as well as the name and telephone number of the Lead Agency case manager authorizing the service. In order to meet client needs, some services may be required outside of normal office hours(8:00 AM to 5:00 PM, Monday- Friday). The Lead Agency reserves the right to request adding additional service providers throughout the resultant agreement period. The County may do so through a competitive and publicly announced selection process, which shall be coordinated through the County's Purchasing Department. Services shall be provided in the manner described in the then current DOEA manual, and outlined herein. Services covered by this agreement include: 1. Adult Day Care: A program of therapeutic social and health activities and services provided to adults who have functional impairments, in a protective environment that provides as non- institutional an environment as possible. 2. Facility Respite: (funded by OAA) 24 hour care in State of Florida Licensed Nursing Facility. The successful service provider shall provide all pre-required documents identified in this solicitation prior to the due date of this solicitation, and shall: Provide services ordered only by the Lead Agency; Service Providers are not permitted to provide services outside of that which is ordered by the Lead Agency. Service Providers will only be reimbursed for the services and hours authorized by the Lead Agency. The Service Provider shall solely be responsible for the conduct of their employees, and the services provided to the client. Respond to requests by the Lead Agency to provide services to clients. The service network co v e r s the entirety of Collier County; should the service provider fail to staff three consecutive requests to 5 Packet Page-1186- clients, the vendor may be subject to removal from the rotation list. The County is not res 3/25/2014 16.D.9. providing any type of warning to when a service provider chooses not to staff a request, nor does a request after three consecutive decisions by the provider not to staff a request constitute a waiver of this provision. Adhere to strict compliance of"Confidentiality" of patient information. Information about persons who receive services under the Older Americans Act Program is confidential (Section 430.207, F.S.). Information received through files, reports, inspections, or otherwise, by the Lead Agency, Lead Agency employees, persons who volunteer services, or by persons who provide services through contracts with the Lead Agency, area agencies, departments, or other contracting agencies is confidential and exempt from the provisions of Section 119.07(1), F.S. Such information may not be disclosed publicly in any manner so as to identify a functionally impaired elderly person, unless that person, or his or her legal guardian, as appropriate, provides written consent. The exemption is subject to the Open Government Sunset Review Act in accordance with Section 119.14, F.S. At no time should a client's Social Security number be included on individual worker's forms. Lead Agencies and Service Providers, along with their employees and volunteers, must ensure confidentiality of client information as required by state laws.This may include use of locking file cabinets, safes, and establishment of procedures that promote security of information, including protection from loss, damage, defacement or unauthorized access. Comply with all HIPAA Requirements: "Health Insurance Portability and Accountability Act" (HIPAA) is a federal law enacted in 1996. Its intent is to maintain strong protections for the privacy of individually identifiable health information, better access to health insurance, limit fraud and abuse and reduce administrative costs. All contracted service providers must comply with the requirements of this Act. The Standards for Privacy of Individually Identifiable Health Information: 45CFR, Parts 160 and 164, Subparts A and E, are explained in the Final Rule published in the Federal Register on August 14, 2002. All "business associates" must agree to not use or disclose "protected health information," other than as permitted or required by contract, or as required by law. All vendors must have a plan to comply with HIPAA, and have policies and procedures for such in place. Document referral information/instructions from the Lead Agency: Referrals are made to contracted vendors in writing. In some cases, telephone orders may be issued; in those cases, written confirmation orders will be forwarded/faxed to providers on the next working day. Immediately report to the 1-800-96ABUSE registry any situation in which an elderly person is the suspected or apparent victim of abuse, neglect or exploitation. Service Provider personnel are also required to inform Lead agency case managers of abuse, neglect and exploitation situations, and that a call has been placed to the Abuse Registry. In cases of Adult Protective Services (APS) referrals, services may be required to begin on an immediate basis (as above, under "Urgent Service"). State law mandates delivery of service (other than case management)to High Risk victims of abuse, neglect or exploitation referred by the APS unit of the Department of Children and Families. Establish protocols for contacting Lead Agency Case Managers in emergency or unusual circumstances, and include the documentation requirements (oral and written) in the Service Provider Application. Provide disaster response protocols, plans and services: In the event of a natural disaster(hurricane, tropical storm,tornado, flood, heat wave, etc.), the provider will have staff available to serve those clients in critical need of services, as designated by the Lead Agency Case Managers. Establish a client grievance process: Each service provider agency must have a policy addressing client grievances and/or complaints. 6 Packet Page-1187- Establish and provide staff training: All services provided with funding from DOEA 3/25/2014 16.D.9. delivery personnel to have general pre-service orientation and training specific to the service being provided. Lead Agencies are responsible for provision of the pre-service training (on program and billing requirements, in particular)for all paid staff, volunteer staff and assigned staff of service providers. Pre-service orientation also must include: • An overview of the aging process • An overview of the aging network • Communication techniques with the elderly • Observation of abuse, neglect, exploitation and incident reporting • Local agency service procedures and protocol • Client confidentiality. NOTE: All "hands-on" service personnel must receive training emphasizing the necessity of Universal Precautions. Home Health Aides must have documentation of successful completion of 40 hours required training, and CNAs must have on file a copy of their State of Florida certification. In-service training hours and topics are to be provided at the discretion of the service provider agency and shall meet state requirements. Compile and report program service delivery statistics and other data as identified by the Lead Agency. These are reported to the Area Agency on Aging and Department of Elder Affairs in accordance with the reporting requirements developed by the Department. Lead agencies are responsible for entry of data in the Client Information and Registration Tracking System (CIRTS), which generates payment to the service provider agency. Therefore, service provider agencies are required to provide Lead Agencies with correct and timely service data to comply with these requirements. Timely submission is considered to be no later than noon on Wednesday of the week following the week services are performed(service week defined as Monday through Sunday). Maintain complete and accurate records: Service delivery logs, at a minimum, must be legible and contain the name of client, type/s of services and date/s and hour/s of service. Provide complete, clear and accurate invoices: Weekly invoices must be submitted by noon on the Wednesday following the week that the service was provided and shall include service provided. The service week is defined as Monday through Sunday. Monthly reporting requirements for CIRTS dictate that all client and service data for the previous month to be entered into CIRTS by the 9th day of the month. Collier County"Services for Seniors"will coordinate with vendors to determine due dates for invoices. This will insure compliance with DOEA reporting requirements. Failure to record or report units of service will result in nonpayment (or delayed payment) for such services. Data required on weekly invoices and weekly timesheets include: • Vendor name • Vendor address • Vendor telephone number • Client name • Service Provider employee who delivered the service(s) • Services ordered and services delivered date • Number of service hours, cost per hour and total cost • Person preparing the report and the date it was prepared • Collier County Purchase Order Number services were provided under Prepare for annual on-site compliance audits by the Lead Agency or members of the Collier County staff as directed the grant requirements. 7 Packet Page-1188- Term of Contract 3/25/2014 16.D.9. The County intends to award a two (2) year contract, with the possibility of extending the contract for two (2) additional two (2) year terms pending funding from grantors and acceptable performance by the awarded vendor. The maximum possible duration for any contractor under this OAA funding is approximately six years (through December 31, 2019). As outlined in the regulations pertaining to this funding source, the County requires each vendor must contribute a cash or in-kind match of no less than 10%for the Older Americans Act Program. Rates shall remain firm for the initial term of this contract. Requests for consideration of a rate adjustment must be made on the contract anniversary date, in writing, to the Purchasing Director. Rate adjustments are dependent upon 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. Response Format The Vendor understands and agrees to abide by all of the ITB 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 bids, all bids must conform to the guidelines set forth in this ITB. Any portions of the bid that do not comply with these guidelines must be so noted and explained in the Acceptance of Conditions section of the bid. However, any bid that contains such variances may be considered non-responsive. Bids 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 ITB. All bids should be presented as described in this ITB in PDF or Microsoft Word format with Tabs clearly marked. If outlined in this ITB, the utilization of recycled paper for bid submission is strongly encouraged. The items listed below shall be submitted with each bid 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 bid. 1. Tab I, Cover Letter/ Management Summary 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 bid. Submission of a signed Bid is Vendor's certification that the Vendor will accept any awards as a result of this ITB. List all proposed subcontractors who will participate on the team. The County may deem the vendor non-responsive if any of this information is not submitted with their bid. a. Submit Bidder's Agency for Health Care Administration (AHCA) Certification: If certification is not provided at time of bid submission, the firm may be deemed non-responsive. .- b. Submit Collier County Business License for service/s bidder will provide. 8 Packet Page 4189- c. Provide statement that Bidder does have Supervisory Staff on call twe 3/25/2014 16.D.9. hours a day/three hundred sixty five days (365)per year. d. Provide statement as to whether or not the bidder license has ever been denied, suspended or revoked by Medicare, Medicaid, and any Federal/State Agency. e. Provide the most recent copy of annual audit completed by a Certified Public Accountant or Independent Accounting Firm. f. Provide acknowledgement that Criminal Background Checks are completed on individuals prior to employment. g. Provide a copy of the Agency's Disaster Plan. h. Provide a copy of the Agency's Quality Assurance Plan. i. Provide proof of Client Satisfaction Survey and Analysis of Surveys Completed. j. Provide a sample incident report. 2. Tab Ii, Costs Provide the specific cost as requested below. It is the County's intent to award based on lowest TOTAL Cost per Service. Less 10% Cost (subtract Item Services 10% for TOTAL Cost per unit) Bidder's Match 1. Adult Day Care $ / HR - $ $ / HR 2. Facility Respite $ /Day - $ $ / Day 3. Tab III, References The County requests that the vendor submits three (3) completed reference forms(next page) from clients whose projects are of a similar nature to this solicitation as a part of their bid. 9 Packet Page-1190- 3/25/2014 16.D.9. Colter County Administrative Senn=Conlon Reference Questionnaire Solicitation: 14-6199 Older Americans Act(OAA)Title IIIE Facility Respite and Adult Daycare Services Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: Company: (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: FAX: Telephone: Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again)and 1 representing that you were very unsatisfied (and would never hire the firm/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." 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 10 Packet Page -1191- 3/25/2014 16.D.9. Award Criteria ITB award criteria are as follows: • All questions on the Bid document shall be answered as to price(s), time requirements, and required document submissions. • Award shall be based upon the responses to all questions on the Bid Response Page(s). • Further consideration may include but not be limited to, references, completeness of bid response and past performances on other County bids/projects. • Prices will be read in public exactly as input on the electronic bid response form or written on the manually submitted Bid Response Page(s) at the time of the bid opening; however, should an error in calculations occur whenever unit pricing and price extensions are requested, the unit price shall prevail. Mathematical miscalculations may be corrected by the County to reflect the proper response. • The County's Purchasing Department reserves the right to clarify a vendor's bid prior to the award of the solicitation. • It is the intent of Collier County to award to the lowest, qualified and responsive vendor(s) in per Service: Less 10% Cost (subtract TOTAL Cost Service 10% for (per unit) proposer's match Adult Day Care Respite $ 9.90/HR - $ .90 $ 9.00 / HR Service Less 10% Cost (subtract Service 10% for TOTAL Cost (per unit) proposer's match Facility Respite Service $ 138.89/ - $ 13.89 $ 125.00/ DAY For Adult Day Care: The cost per hour minus the 10% bidder match will represent the total cost for hourly day care. In accordance with the Senior Choices of Southwest Florida price cannot exceed $9.00 Per Hour. For Facility Respite Care the cost per day minus the 10% bidder match will represent the total cost for daily Respite Care. In accordance with the Senior Choices of Southwest Florida price cannot exceed $125 Per Day. It is Collier County's intention to award to multiple responsive bidders. The contract will be in the form of a Collier County standard contract. 11 Packet Page-1192- 3/25/2014 16.D.9. Projected Solicitation Timetable Event Date Issue Solicitation Notice 12/13/2013 Last Date for Receipt of Written Questions 01/10/2014, 3:30 PM, Naples Local Time Non-mandatory pre-bid meeting: 3327 Tamiami Trl E 01/3/2014, 11:00 AM, Conference Room A Naples Local Time Solicitation Deadline Date and Time 01/15/2013, 2:30 PM, Naples Local Time Anticipated Evaluation of Submittals Jan-Feb 2014 Anticipated Board of County Commissioner's Contract Feb-Mar 2014 Vendor Required Documents • Tab 1, 2 and 3 Information • Attachment 2: Vendor's Check List and all required information notated on that checklist. • Attachment 3: Vendor Bid Response Form • Attachment 4: Immigration Law Affidavit • Attachment 5: Vendor Substitute W-9 • Attachment 6: Insurance and Bonding Requirement • Attachment 7: State Form 7033 • Attachment 8: Service Provider Summary Information Page • Attachment 9: Match Commitment • Attachment 10: Certification of 60 Days Operating Funds • Attachment 11: HIPAA Compliance Assurance • Attachment 12: Statement of No Involvement and Contract Terms and Conditions • Attachment 13: Statement of Compliance with Service Standards and Requirements • Attachment 14: Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Contracts/Subcontracts • Attachment 15: Conflict of Interest • Copy of State of Florida License • Copy of State of Florida Division of Corporation Registration • Grant forms as listed in Exhibit IB 12 Packet Page -1193- 3/25/2014 16.D.9. Exhibit I.A: Granting Agency Requirements Governing Laws and Regulations A. Governing Laws and Regulations include, but are not limited to the following: 1. U.S. Constitution 2. Statutes and Executive Orders 3. Grant Enabling Statutes 4. OMB Circulars and Codes of Federal Regulation and 5. Public Policy Requirements B. Policy Requirements: As a condition of receipt, federally- funded programs are governed by a myriad of federal rules and regulations. The below rules and regulations apply to all programs funded by federal resources and are as follows: 1. Civil Rights Act of 1964: Prohibits discrimination on the basis of race, color or national origin in all federally funded programs. 2. 45CFR Part 80 Regulates implementation of Civil Rights Act of 1964. 3. Age Discrimination Act of 1975: Prohibits discrimination on the basis of age in federally funded programs. 4. 49CFR Part 90: Regulates implementation of Age Discrimination Act of 1975. 5. Americans with Disabilities Act of 1990, Public Law (P.L.) 101-336: Prohibits discrimination on the basis of disability and provides equal opportunities in employment, state and local governmental entities, public accommodations, transportation and telecommunications for persons with disabilities. 6. 28CFR Part 35: Regulates implementation of Subtitle A of Title II of the Americans with Disabilities Act of 1990. C. Government Imposed Restrictions: 1. Debarment and Suspension (Executive Order 12549): Prohibits doing business with persons suspended or barred from doing business with any agency of the executive branch. 2. 45 CFR Part 76: Regulates implementation of Executive Order 12549, certifying that contractors have not been declared ineligible for participation in public transaction by a federal department or agency. 3. Anti-Lobbying Act (P.L. 101-121 Section 319): Prohibits contractors of federal contracts, grants and loans from using appropriated funds for lobbying the executive or 13 Packet Page-1194- 3/25/2014 16.D.9. legislative branches of the federal Government in connection with a specific contract grant or loan. 4. Section 1352, Title 31 U.S.C: Regulates implementation of the Anti Lobbying Act. Contractor receiving more than $100,000 per award of federally appropriated funds per fiscal year must certify that they will not use these funds to pay lobbying activities. They must also disclose each instance of lobbying that does occur. 5. Drug-Free Workplace Act of 1988 (41 U.S.V 702 et seq): Requires contractors and grantees of federal agencies to certify that they will provide drug-free workplaces. (P.L. 100-690) 6. 45 CFR Part 82: Regulates implementation of Drug- Free Act of 1988. 7. Section 504 of the Rehabilitation Act of 1073: Prohibits discrimination on the basis of handicap in federally funded programs. 8. Health Insurance Portability and Accountability Act (HIPAA) of 1996 (P.L. 104-191, Sections 261-2640: Requires covered entities to comply with HIPAA standards for the electronic exchanges, privacy and security of health information. 9. Domestic Volunteer Act (P.L. 93-113): Senior Companion Sections 430.07-430.071, Florida Statutes. 10.45 CFR Part 84: Regulates implementation of uniform administrative requirements for grants and cooperative agreements to state, local and tribal governments. 14 Packet Page -1195- 3/25/2014 16.D.9. EXHIBIT I: B Forms Due with Bid Packaae • Acknowledgement of Terms,Conditions,and Grant Clauses • Certification Regarding Debarment,Suspension,and Other Responsibility Matters • Certification Regarding Lobbying • Drug Free Workplace • Request for DUNS number 15 Packet Page-1196- 3/25/2014 16.D.9. Collier County Acknowledgement of Terms, Conditions, and Grant Clauses Flow Down of Terms and Conditions from the Grant Agreement Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be forwarded to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) The subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor's progress in performing its work under this agreement. For each subcontract, the Recipient s h a l l provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat. Grant Clauses On behalf of my firm, I acknowledge, and agree to perform all of the specifications and grant requirements identified in this solicitation document(s). Vendor/Contractor Name Date Authorized Signature Address Solicitation Contract# 16 Packet Page-1197- 3/25/2014 16.D.9. Certification Regarding Debarment,Suspension,and Other Responsibility Matters Primary Covered Transactions (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (I)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions(Federal, State or local)terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Name Project Name Title Project Number Firm Tax ID Number Street Address DUNS Number City, State, Zip 17 Packet Page-1198- 3/25/2014 16.D.9. CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS The grantee certifies that it will provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug-free awareness program to inform employees about— (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation and employee assistance programs, and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph(a) that, as a condition of employment under the grant,the employee will— (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after each conviction; (e) Notifying the agency within ten days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction; (f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted— (1) Taking appropriate personnel action against such an employee,up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and(f). Typed Name and Title of Certification Official Signature Date 18 Packet Page-1199- 3/25/2014 16.D.9. CERTIFICATION REGARDING LOBBYING The undersigned (Vendor/ Contractor) certifies, to the best of his or her knowledge a n d belief,that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract,grant,loan,or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying,"61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995(P.L. 104-65,to be codified at 2 U.S.C.1601,etseq.)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such expenditure or failure.] The Vendor/Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C.A 3801,et seq.,apply to this certification and disclosure,if any. Signature of Vendor/Contractor's Authorized Official Name and Title of Vendor/Contractor's Authorized Official Date 19 Packet Page-1200- 3/25/2014 16.D.9. DUNS NUMBER REQUEST Please provide a DUNS numbers as applicable. ENTITY NAME DUNS# VENDOR/PRIME SUB#1 SUB#2 SUB#3 SUB#4 SUB#4 D-U-N-S Numbers Dun & Bradstreet, or D-U-N-S, Number, is a unique nine-digit identification number for each physical location of your business. D-U-N-S Number assignment is free for all businesses required to register with the federal government for contracts or grants. What do I need to get my D-U-N-S Number? When registering for your D-U-N-S Number,you will need the following on hand: • Legal name Headquarters name and address for your business Doing Business As (DBA)or other name by which your business is commonly recognized F Physical address, city,state and ZIP Code Mailing address(if separate from headquarters and/or physical address) • Telephone number • Contact name and title Number of employees at your physical location Whether you are a Home-Based Business How do I get my D-U-N-S Number? Good news! Getting your D-U-N-S Number is easy.Visit D-U-N-S Request Service to obtain more detailed instructions on applying for your D-U-N-S Number. Also,see the FAQs for obtaining a D-U-N-S Number and visit Central Contractor Registrations (CCR). 20 Packet Page-1201- 3/25/2014 16.D.9. Exhibit II: General Bid Instructions 1. Purpose/Objective As requested by the Collier County departments or divisions identified in Exhibit 1, the Collier County Board of County Commissioners Purchasing Department(hereinafter,the County) has issued this Invitation to Bid (hereinafter, the "ITB", or"Bid")with the sole purpose and intent of obtaining bid responses from interested and qualified firms in accordance with the terms, conditions, and specifications stated and/or attached herein/hereto. The successful vendor will hereinafter be referred to as the "Vendor". All bids must be submitted on the Bid forms furnished by the County noted in Attachments 2, 3, 4, 5, 6, and 7 of this ITB. No bid will be considered unless the Bid form is properly sianed. Vendor is responsible to read and follow the instructions very carefully, as any misinterpretation or failure to comply with these instructions could lead to the bid submitted as being rejected as non-responsive. 2. Pricing Vendors must provide unit prices using the unit of measured specified by the County. All prices will remain firm for a period of one hundred and eighty(180) calendar days from date of bid opening. After award by the Board of County Commissioners, prices may only be adjusted as outlined in Exhibit I: Term of Contract. 3. Alternate Bid Pricing In the event that alternate pricing is requested, it is an expressed requirement of the bid to provide pricing for all alternates as listed. The omission of a response or a no-bid or lack of a submitted price will be the basis for the rejection of the submitted bid response. All bids responses received without pricing for all alternates as listed will be considered technically non-responsive and will not be considered for award. 4. Equal Product Manufacturer's name, brand name and/or model number are used in these specifications for the purpose of establishing minimum requirements of level of quality, standards of performance and/or design required, and is in no way intended to prohibit the bidding of other manufacturer's items of equal or similar material. An equal or similar product may be bid, provided that the product is found to be equal or similar in quality, standard of performance, design, etc. to the item specified. Where an equal or similar is bid, the Bid must be accompanied with two (2) complete sets of factory information sheets (specifications, brochures, etc.) and test results, if applicable, of unit bid as equal or similar. Equal product samples, if required for evaluation, and at no cost to the County, must be submitted with the Bid. These samples must be submitted to the County during the bid evaluation period. The County shall be sole judge of equality or similarity, and its decision shall be final in the best interest. 21 Packet Page -1202- 3/25/2014 16.D.9. 5. Discounts Any discounts or terms must be shown on the Bid form. Such discounts, if any, may be considered in the award of tie bids. In no instance should payment terms less than fifteen (15)calendar days are offered. 6. Exceptions Vendors taking exception to any part or section of these specifications shall indicate such exceptions on a separate sheet entitled "EXCEPTIONS TO SPECIFICATIONS". Failure to indicate any exceptions shall be interpreted as the Vendors intent to fully complies with the specifications as written. Exceptions taken by the Vendor may be deemed grounds for rejection of bid response. 7. Addenda The County reserves the right to formally amend and/or clarify the requirements of the bid specifications where it deems necessary. Any such addendum/clarification shall be in writing and shall be distributed electronically to all parties who received the original bid specifications prior to the deadline for submission of Bids. All changes to this ITB will be conveyed electronically through a notice of addendum or questions and answers to all vendors registered under the applicable commodity code(s) at the time when the original ITB was released, as well as those vendors who downloaded the ITB document. Additionally, all addendums are posted on the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. Before submitting a bid response, please make sure that you have read all, understood clearly and complied completely with any changes stated in the addenda as failure to do so may result in the rejection of your submittal. 8. Bid Submission All electronic bids shall be submitted online via the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. 9. Questions If the vendor should be of the opinion that the meaning of any part of the Bid Document is doubtful, obscure or contains errors or omissions it should report such opinion to the Procurement Strategist before the bid opening date. Direct questions related to this ITB only to the Collier County Purchasing Department Internet website: www.colliergov.net/bid. Questions will not be answered after the date noted on the ITB. 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 identified in the Public Notice. 10. Protests 22 Packet Page-1203- 3/25/2014 16.D.9. Any actual or prospective respondent to an Invitation to Bid, who has a serious and legitimate issue with the ITB, shall file a written protest with the Purchasing Director prior to the opening of the bid or the due date for acceptance of bid. All such protests must be filed with the Purchasing Director no later than 11:00 a.m. Collier County time on the advertised date for the opening of the bid or the acceptance date for the Invitation to Bids. 11. Rejection and Waiver The County reserves the right to reject any and all bids, to waive defects in the form of bid, also to select the bid that best meets the requirements of the County. Vendors whose bids, past performance or current status do not reflect the capability, i n t e g r i t y or reliability to fully and in good faith perform the requirements denoted may be rejected as non-responsive. Bids that do not meet all necessary requirements of this solicitation or fail to provide all required information, documents or materials may be rejected as non-responsive. 12. Lobbying All firms are hereby placed on NOTICE that the County Commission does not wish to be lobbied either individually or collectively about a project for which a firm has submitted a bid. Firms and their agents are not to contact members of the County Commission for such purposes as meetings of introduction, luncheons, dinners, etc. During the bidding process, from bid opening to final Board approval, no firm or its agent shall contact any other employee of Collier County with the exception of the Purchasing Department. 13. 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.orq/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. 14. General Information When it is deemed by the County that a bid cannot be awarded as originally intended, the County reserves the right to award this bid through an approach which is the best interest of the County. Alternate bids will not be considered unless authorized by the ITB. In case of identical bids tying as low bid, the County shall ask vendors to submit certification that they have a drug- free workplace in accordance with Section 287.087 Florida Statutes. Should all vendors provide said certification; the County will give local vendor preference. 15. Bid Award Process Award of contract will be made by the Board of County Commissioners in public session. 23 Packet Page -1204- 3/25/2014 16.D.9. Award shall be made in a manner consistent with the County's Purchasing Policy. Award recommendations will be posted outside the offices of the Purchasing Department as well as on the Collier County Purchasing Department website on Wednesdays and Thursdays prior to the County Commission meetings. 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. 16. Grant Funded Purchases Vendors submitting bids for this purchase must validate that they are not excluded from receiving Federal contracts, certain subcontracts, and certain Federal financial and nonfinancial assistance and benefits, pursuant to the provisions of 31 U.S.C. 6101, note, E.O. 12549, E.O. 12689, 48 CFR 9.404, and each agency's codification of the Common Rule for Nonprocurement suspension and debarment. Information for the former"Excluded Parties List System" may be found at the System for Award Management(SAM)website at www.sam.gov, and select SEARCH. This is a free web-site which consolidates Federal procurement systems and the Catalog of Federal Domestic Assistance. Currently CCR, FedReg, ORCA and EPLS have been migrated into SAM. a. American Recovery and Reinvestment Act of 2009 Special Terms and Conditions: The American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, (Recovery Act)was enacted to preserve and create jobs and promote economic recovery, assist those most impacted by the recession, provide investments needed to increase economic efficiency by spurring technological advances in science and health, invest in transportation, environmental protection, and other infrastructure that will provide long-term economic benefits, stabilize State and local government budgets, in order to minimize and avoid reductions in essential services and counterproductive State and local tax increases. i. Registration: Section 1512 provides that first tier Contractors of ARRA funds must register with Central Contractor Registration database (CCR). CCR registration can be completed at http://www.ccr.gov. CCR registration must be completed before the first quarterly Section 1512 report is due. ii. Reporting: Section 1512 provides for federal reporting on projects funded by the American Recovery and Reinvestment Act of 2009 (ARRA), requires vendors contractors to report their Dun and Bradstreet number(DUNS). Vendors who do not know their DUNS number may receive more information through www.dnb.com and select "D & B D-U-N-S Number." A DUNS number request takes approximately 30 days to receive and there is no cost. Vendors will need this number if they are awarded a project with ARRA funds by Collier County. If a project is grant funded, and to satisfy the grant reprinting requirements, the County may require additional reporting information from the vendor(i.e.job reports, etc.). iii. Buy American: Section 1605(a) of the Recovery Act directs that, subject to certain exceptions, no funds appropriated or otherwise made available for a project may be used for the construction, alteration or repair of a public building or public work unless all the iron, steel and manufactured goods used are produced in the United States. 24 Packet Page-1205- 3/25/2014 16.D.9. The law covers Recovery Act-funded federal contracts as well as Recovery Act- funded state and local public works projects. iv. Davis Bacon: Section 1606 of the Recovery act directs that projects awarded as a result of this contract may be subject to federal grant requirements involving prevailing wages as described in the US Department of Labor's site http://www.gpo.gov/davisbacon/fl.html. v. Waste Disposal: The County may request the assistance of the awarded supplier to assist with developing a disposal plan for sanitary or hazardous waste generated by a specific project. c. Davis Bacon: Projects awarded as a result of this contract may be subject to federal grant requirements involving prevailing wages as described in the US Department of Labor's site http://www.gpo.gov/davisbacon/fl.html. d. Department of Transportation Disadvantaged Business Enterprise (DBE) program is intended to ensure nondiscrimination in the award and administration of DOT-assisted contracts in the Department's highway, transit, airport, and highway safety financial assistance programs. Projects awarded as a result of this contract may be subject to federal grant requirements under the DBE program. Additional information may be found at: http://www.dotcr.ost.dot.gov/asp/dbe.asp. 25 Packet Page-1206- 3/25/2014 16.D.9. Exhibit III: Standard Purchase Order Terms and Conditions 1. Offer This offer is subject to cancellation by the COUNTY without notice if not accepted by VENDOR within fourteen (14)days of issuance. 2. Acceptance and Confirmation This Purchase Order (including all documents attached to or referenced therein) constitutes the entire agreement between the parties, unless otherwise specifically noted by the COUNTY on the face of this Purchase Order. Each delivery of goods and/or services received by the COUNTY from VENDOR shall be deemed to be upon the terms and conditions contained in this Purchase Order. No additional terms may be added and Purchase Order may not be changed except by written instrument executed by the COUNTY. VENDOR is deemed to be on notice that the COUNTY objects to any additional or different terms and conditions contained in any acknowledgment, invoice or other communication from VENDOR, notwithstanding the COUNTY'S acceptance or payment for any delivery of goods and/or services, or any similar act by VENDOR. 3. Inspection All goods and/or services delivered hereunder shall be received subject to the COUNTY'S inspection and approval and payment therefore shall not constitute acceptance. All payments are subject to adjustment for shortage or rejection. All defective or nonconforming goods will be returned pursuant to VENDOR'S instruction at VENDOR'S expense. To the extent that a purchase order requires a series of performances by VENDOR, the COUNTY prospectively reserves the right to cancel the entire remainder of the Purchase Order if goods and/or services provided early in the term of the Purchase Order are non-conforming or otherwise rejected by the COUNTY. 4. Shipping and Invoices a) All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise specifically stated in this Purchase Order. Unless otherwise provided in Purchase Order, no invoices shall be issued nor payments made prior to delivery. Unless freight and other charges are itemized, any discount will be taken on the full amount of invoice. c) All shipments of goods scheduled on the same day via the same route must be consolidated. Each shipping container must be consecutively numbered and marked to show this Purchase Order number. The container and Purchase Order numbers must be indicated on bill of lading. Packing slips must show Purchase Order number and must be included on each package of less than container load (LCL) shipments and/or with each car load of equipment. The COUNTY reserves the right to refuse or return any shipment or equipment at VENDOR'S expense that is not marked with Purchase Order numbers. VENDOR agrees to declare to the carrier the value of any shipment made under this Purchase Order and the full invoice value of such shipment. d) All invoices must contain the Purchase Order number and any other specific information as identified on the Purchase Order. Discounts of prompt payment will be computed from the date of receipt of goods or from date of receipt of invoices, whichever is later. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act," and, pursuant to the Board of County Commissioners Purchasing Policy. 5. Time Is Of the Essence Time for delivery of goods or performance of services under this Purchase Order is of the essence. Failure of VENDOR to meet delivery schedules or deliver within a reasonable time, as interpreted by the COUNTY in its 26 Packet Page-1207- 3/25/2014 16.D.9. sole judgment, shall entitle the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to reimburse the COUNTY for any expenses incurred in enforcing its rights. VENDOR further agrees that undiscovered delivery of nonconforming goods and/or services is not a waiver of the COUNTY'S right to insist upon further compliance with all specifications. 6. Changes The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such change increase or decrease the cost of, or the time required for performance of the Purchase Order, an equitable adjustment in the price and/or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing, VENDOR has an affirmative obligation to give notice if the changes will decrease costs. Any claims for adjustment by VENDOR must be made within thirty (30) days from the date the change is ordered or within such additional period of time as may be agreed upon by the parties. 7. Warranties VENDOR expressly warrants that the goods and/or services covered by this Purchase Order will conform to the specifications, drawings, samples or other descriptions furnished or specified by the COUNTY, and will be of satisfactory material and quality production, free from defects and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. These warranties shall survive inspection, acceptance, passage of title and payment by the COUNTY. 8. Statutory Conformity Goods and services provided pursuant to this Purchase Order, and their production and transportation shall conform to all applicable laws, including but not limited to the Occupational Health and Safety Act, the Federal Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the Purchase Order. 9. Advertising No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has contracted with the COUNTY for goods and/or services, or appropriate or make use of the COUNTY'S name or other identifying marks or property without the prior written consent of the COUNTY'S Purchasing Department. 10. Indemnification VENDOR shall indemnify and hold harmless the COUNTY from any and all claims, including claims of negligence, costs and expenses, including but not limited to attorneys'fees, arising from, caused by or related to the injury or death of any person (including but not limited to employees and agents of VENDOR in the performance of their duties or otherwise), or damage to property (including property of the COUNTY or other persons), which arise out of or are incident to the goods and/or services to be provided hereunder. 11. Warranty of Non-Infringement VENDOR represents and warrants that all goods sold or services performed under this Purchase Order are: a) in compliance with applicable laws; b) do not infringe any patent, trademark, copyright or trade secret; and c) do not constitute unfair competition. VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims, including claims of negligence, costs and expense, including but not limited to attorneys' fees, which arise from any claim, suit or proceeding alleging that the COUNTY'S use of the goods and/or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties in section 11 (a). 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 27 Packet Page-1208- 3/25/2014 16.D.9. The VENDOR, at its sole expense, shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Purchase Order. Providing and maintaining adequate insurance coverage is a material obligation of the VENDOR. All insurance policies shall be executed through insurers authorized or eligible to write policies in the State of Florida. 13. Compliance with Laws In fulfilling the terms of this Purchase Order, VENDOR agrees that it will comply with all federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non-exhaustive example, this shall include the American with Disabilities Act and all prohibitions against discrimination on the basis of race, religion, sex creed, national origin, handicap, marital status, or veterans' status. Further, VENDOR acknowledges and without exception or stipulation shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s)to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Any breach of this provision may be regarded by the COUNTY as a material and substantial breach of the contract arising from this Purchase Order. 14. Force Majeure Neither the COUNTY nor VENDOR shall be responsible for any delay or failure in performance resulting from any cause beyond their control, including, but without limitation to war, strikes, civil disturbances and acts of nature. When VENDOR has knowledge of any actual or potential force majeure or other conditions which will delay or threatens to delay timely performance of this Purchase Order, VENDOR shall immediately give notice thereof, including all relevant information with respects to what steps VENDOR is taking to complete delivery of the goods and/or services to the COUNTY. 15. Assignment VENDOR may not assign this Purchase Order, nor any money due or to become due without the prior written consent of the COUNTY. Any assignment made without such consent shall be deemed void. 16. Taxes Goods and services procured subject to this Purchase Order are exempt from Florida sales and use tax on real property, transient rental property rented, tangible personal purchased or rented, or services purchased (Florida Statutes, Chapter 212), and from federal excise tax. 17. Annual Appropriations The COUNTY'S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 18. Termination This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the VENDOR. This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the terms and conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of such breach and VENDOR has failed to cure within 10 days of receipt of such notice. 19. General a) This Purchase Order shall be governed by the laws of the State of Florida. The venue for any action brought to specifically enforce any of the terms and conditions of this Purchase Order shall be the Twentieth Judicial Circuit in and for Collier County, Florida b) Failure of the COUNTY to act immediately in response to a breach of this Purchase Order by VENDOR shall not constitute a waiver of breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be deemed a waiver of any subsequent default by VENDOR. c) All notices under this Purchase Order shall be sent to the respective addresses on the face page by certified mail, return receipt requested, by overnight courier service, or by personal delivery and will be deemed effective upon receipt. Postage, delivery and other charges shall be paid by the sender. A party may change ° >< its address for notice by written notice complying with the requirements of this section. 28 Packet Page-1209- 3/25/2014 16.D.9. d) The Vendor agrees to reimbursement of any travel expenses that may be associated with this Purchase Order in accordance with Florida Statute Chapter 112.061, Per Diem and Travel Expenses for Public Officers, employees and authorized persons. e) In the event of any conflict between or among the terms of any Contract Documents related to this Purchase Order, the terms of the Contract Documents shall take precedence over the terms of the Purchase Order. To the extent any terms and /or conditions of this Purchase Order duplicate or overlap the Terms and Conditions of the Contract Documents, the provisions of the Terms and/or Conditions that are most favorable to the County and/or provide the greatest protection to the County shall govern. 29 Packet Page-1210- 3/25/2014 16.D.9. Exhibit IV: Additional ITB Terms and Conditions 1. 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. 2. Conflict of Interest Vendor shall provide a list of any businesses and/or organizations to which the firm has any affiliation or obligations within the past five (5)years; whether paid or donated, which could be construed by the County as a conflict of interest. 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. 3. Vendor Performance Evaluation Collier County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of$25,000. To this end, vendors will be evaluated on their performance upon completion/termination of agreement. 5. Use of Subcontractors Bidders on any service related project, including construction, must be qualified and directly responsible for % or more of the solicitation amount for said work. 6. Deductions for Non-Performance The County reserves the right to deduct a portion of any invoice for goods not delivered, or services not performed in accordance with requirements, including required timeframe. The County may also deduct, or chargeback the Vendor the costs necessary to correct the deficiencies directly related to the Vendor's non-performance. 7. 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. 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. 30 Packet Page-1211- 3/25/2014 16.D.9. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 9. 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. 10.Standards of Conduct The Vendor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Vendor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Vendor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 11.Licenses The Vendor is required to possess the correct professional and other licenses, and any other authorizations necessary to perform the required work pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of all the required licenses must be submitted with the bid response indicating that the entity bidding, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the ITB documents. Failure on the part of any vendor to supply this documentation with their bid response may be grounds for deeming vendor non-responsive. A Vendor with an office within Collier County is 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. Questions regarding professional licenses should be directed to Contractor Licensing, Community Development and Environmental Services at(239) 252-2431, 252-2432 or 252-2909. Questions regarding required Business Tax Receipt (formerly known as Occupational Licenses) should be directed to the Tax Collector's Office at(239)252-2477. 12.Protection of Property The Vendor shall ensure that the service is performed in such manner as to not damage any property. In the event damage occurs to any property as a direct result of the Vendor or their Sub vendor in the performance of the required service, the Vendor shall repair/replace, to the County's satisfaction, damaged property at no additional cost to the County. If the damage caused by the Vendor or their Sub vendor has to be repaired/replaced by the County, the cost of such work will be deducted from the monies due the Vendor. 13.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 31 Packet Page-1212- Statutes, the current Collier County Ethics Ordinance and County Administrative ProceL.3/25/2014 16.D.9.....- Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, ITB, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 14. Invoice and Payments Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor's invoices must include: a. Purchase Order Number b. 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: bccapclerkcollierclerk.com. Collier County, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. Payment methods include: • Traditional-payment by check, wire transfer or other cash equivalent. Standard - payment by purchasing card. Collier County's Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. The County may not accept any additional surcharges(credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation. The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an "Additional Cash Discount." Upon execution of the Contract and completion of each month's work, payment requests may be submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that prior month. Services beyond sixty(60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices must 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, 32 Packet Page-1213- the County reserves the right to off-set the amount owed to the County by applying the 3/25/2014 16.D.9. the vendor or contractor for services performed of for materials delivered in association with a contract. Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 15. NonUsed 16. Survivability Purchase Orders: The Consultant/ContractorNendor agrees that any Purchase Order that extends beyond the expiration date of the original Solicitation 14-6199 will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Purchase Order. 17. 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 Attachment 3 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 "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 Attachment 3, 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. 33 Packet Page-1214- The Vendor and/or its insurance carrier shall provide 30 days written notice to the Cour„3/25/2014 16.D.9., 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 e x p i ratio n , cancellation, non-renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor s h a l l 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. 18. Immigration Law 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 Invitation to Bids(ITB) 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 bid. 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 BidderNendor does not comply with providina the acceptable E-Verifv evidence and the executed affidavit the bidder's/vendor's bid 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. 34 Packet Page -1215- 3/25/2014 16.D.9. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s)to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 19. Collier County InformationTechnology Requirements All vendor access will be done via VPN access only. All access must comply with current published County Manager Agency(CMA) policies. Current policies that apply are CMAs 5402, 5403 and 5405.These policies will be available upon request from the Information Technology Department. All vendors will be required to adhere to IT policies for access to the County network. Vendors are required to notify the County in writing twenty-four(24) hours in advance as to when access to the network is planned. Included in this request must be a detailed work plan with actions that will be taken at the time of access. The County IT Department has developed a Technical Architecture Requirements Document that is required to be filled out and submitted with your bid response. This document can be found on the Collier County Purchasing Department website: www.collieroov.net/purchasinq. On the left hand side of the menu, click on CC Technical Requirements. If this document is not submitted with your bid response, your bid response may be deemed non- responsive. 20. Background Checks If required, Vendor/ Contractor/Bidder 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. 21. Maintenance of Traffic Policy For all projects that are conducted within a Collier County Right-of-Way, the Vendor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards (DS) on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through the Risk Management and/or Purchasing Departments and are available on-line at colliergov.net/purchasing. The Vendor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway& Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 22. Debris Vendor shall be responsible for the removal and disposal of all debris from the site and the cleaning of the affected areas. Vendor shall keep the premises free of debris and unusable materials resulting from 35 Packet Page-1216- their work and as work progresses; or upon the request of the County's representative,3/25/2014 16.D.9. dispose such debris and materials from the property.The Vendor shall leave all affected areas as they were prior to beginning work. 23. Grant Compliance The purchase of any goods and/or services that are funded through Federal Grant Appropriations, the State of Florida, or any other public or private foundations shall be subject to the compliance and reporting requirements of the granting agency. 24. Equipment Vendor shall have available and in good working condition, the necessary equipment to perform the required service. If required, the Vendor shall supply a list of equipment and an hourly rate for each. Hourly rates will commence once equipment arrives at the service site. In the event that additional specialized and/or heavy equipment (backhoe, crane, mudhog, etc.) is needed, the Project Manager must be notified in advance for approval. The reimbursement of additional equipment expense shall be at cost and will commence once equipment arrives at the service site. The County reserves the right to request and obtain documentation of the Vendor's cost, and to withhold payments until documentation is provided. The scope of these specifications is to ensure the delivery of a complete unit ready for operation. Omission of any essential detail from these specifications does not relieve the Vendor from furnishing a complete unit. All equipment must be new and of current manufacture in production at the time of bid opening, and carry standard warranties. At the time of delivery, at least two(2) complete shop repair manuals and parts lists must be furnished with each type of equipment. Vendor must service all equipment prior to delivery and/or acceptance by the County. 36 Packet Page-1217- 3/25/2014 16.D.9. GIL ,Gmnris-aawe Services Dvisor. ^'ur_hasrc, 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 why prospective Vendors did not wish to respond to this ITB. If your firm is not responding to this ITB, please indicate the reason(s) by checking any appropriate item(s) listed below and return this form via email or fax to the Procurement Strategist listed on the first page or mail to: Collier County Purchasing Department, 3301 Tamiami Trail East, Naples, Florida 34112. We are not responding to this ITB for the following reason(s): Solicitation: 14-6199 OAA Title IIIE Facility Respite Services and Adult Day Care ❑ Services requested not available through our company. ❑ Our firm could not meet specifications/scope of work. ❑ Specifications/scope of work not clearly understood (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): Firm's Complete Legal Name Address City, State, Zip Telephone Number FAX Number Signature/Title Type Name of Signature Date: 37 Packet Page -1218- 3/25/2014 16.D.9. Goer county Acn rusaative Services Divisor, urchasmc Attachment 2: Vendor's Check List IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign in the spaces indicated and return with bid. Vendor should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. All granting agency requirements have been met including submittal of required forms. 6. Any required drawings, grant forms, descriptive literature, etc. have been included. 7. Any delivery information required is included. 8. If required, the amount of bid bond has been checked, and the bid bond or cashier's check has been included. 9. Addendum have been signed and included, if applicable. 10. Copy of Internet certification that the Vendor is not on the Federal Excluded Parties List System at: www.sam.aov. 11. Immigration Affidavit and a copy of the company's E-Verify profile page or memorandum of understanding. 12. Copies of licenses, equipment lists, subcontractors or any other information as noted in this ITB. 13. The mailing envelope must be addressed to: Purchasing Director Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 The mailing envelope must be sealed and marked with: • Solicitation: 14-6199 • Opening Date: 01/15/2014 2:30 PM 11. The bid will be mailed or delivered in time to be received no later than the specified opening date and time. (Otherwise bid cannot be considered.) ALL COURIER DELIVERED BIDS MUST HAVE THE$ID NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Company Name Signature & Title Date Packet Page -1219- 38 3/25/2014 16.D.9. Corer Cn��t, Actet nIstra ve Servio DivIMIwr1 urciias,n::, Attachment 3: Vendor Response Form FROM: Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: Solicitation: 14-6199 OAA Title IIIE Facility Respite Services and Adult Day Care Dear Commissioners: The undersigned, as Vendor, hereby declares that the specifications have been fully examined and the Vendor is fully informed in regard to all conditions pertaining to the work to be performed for as per the scope of work. The Vendor further declares that the only persons, company or parties interested in this Bid or the Contract to be entered into as principals are named herein; that this Bid is made without connection with any other person, company or companies submitting a Bid; and it is all respects fair and in good faith, without collusion or fraud. The Vendor proposes and agrees if this Bid is accepted, to contract, either by a County issued purchase order or formal contract, to comply with the requirements in full in accordance with the terms, conditions and specifications denoted herein, according to the unit prices provided on bid schedule: *** SEE FOLLOWING PAGES *** Any discounts or terms must be shown on the Bid Response Form. Such discounts, if any, will be considered and computed in the tabulation of the bids. In no instance should terms for less than fifteen (15) days payment be offered. Prompt Payment Terms: To Days; Net Days ❑ Bid Response Form is electronic. Please input your prices online. ❑ Bid Response is as follows: Note: If you choose to bid manually, please submit an ORIGINAL and ONE COPY of your bid response pages.The undersigned do agree that should this Bid be accepted, to execute a formal contract, if required, and present the formal contract to the County Purchasing Director for approval within fifteen (15) days after being notified of an award. Packet Page-1220- 3q IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of 3/25/2014 16.D.9. 2010 in the County of , in the State of Firm's Complete Legal Name Firm's Dun and Bradstreet Number(DUNS) (Found at www.dnb.com) CCR#or CAGE Code (Found at www.ccr.gov) Florida Certificate of Authority Document Number (http://www.sunbiz.orq) Federal Tax Identification Number Address City, State, Zip Telephone Number FAX Number Check one of the following: Sole Proprietorship ❑ Corp or P.A. State of ❑ Limited Partnership ❑ General Partnership Signature/Title Type Name of Signature Date Additional Contact Information Send Payments To: (REQUIRED ONLY if different from above) Firm's Complete Legal Name Address City, State,Zip Contact Name Telephone Number FAX Number Email Address Packet Page-1221- 40 3/25/2014 16.D.9. Colter Cozam v ..s. —s..--. Atirnnsrtawe Services S'ttnsor, s?ur,;hasrc Attachment 4:Immigration Law Affidavit Certification Solicitation#and Title:14-6199 OAA Title IIIE Facility Respite Services and Adult Day Care 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 Invitation to Bids(ITB)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 bid. 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 tibia Affidavit and acceptable evidence of enrollment in the E-Verifv oroaram.may deem the Vendor/Bidder's kid 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 bid. 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 N u m b e r/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. Packet Page -1222- 41 3/25/2014 16.D.9. C.ser-County A.drnri +-awes Dt isior .urhasn- Attachment 5: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 bid. 1. General Information(provide all information) Taxpayer Name (as shown on income tax return) Business Name (if different from taxpayer name) Address City State Zip Order Information Remit/Payment Information Address C Address FAX City State _ Zip Email FAX Email 2. Company Status(check only one) _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 Packet Page-1223- 42 3/25/2014 16.D.9. Glea- azalf-r mdrrtntsTatIvP,Servuce Divisor ;;ur:r,usin,a Attachment 6: Insurance and Bonding Requirements Insurance I Bond Type Required Limits 1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $1,000,000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor/ Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys'fees and paralegals'fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. ®Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury& Property Damage, Owned/Non-owned/Hired; Automobile Included 5. ® Other insurance as ❑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 $1,000,000 Per claim and in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence ® Employee Dishonesty Bond $100,000 Per Occurrence Packet Page-1224- 43 3/25/2014 16.D.9. 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 Packet Page-1225- 44 3/25/2014 16.D.9. Cote-CotiarlrY ,Adm nm cal ve Se cares C.ursior ?vr_:iasr�c• Attachment 7: State Form 7033 PUR State Form 7033: COLLIER COUNTY GOVERNMENT SUBMIT PROPOSAL TO: REQUEST FOR PROPOSAL Collier County Purchasing Department CONTRACTUAL SERVICES 3301 Tamiami Trail E,Bldg.G Acknowledgment Naples,FL 34109 Telephone Number: (239)774-8407 Page 1 of PROPOSALS WILL BE OPENED PROPOSAL NO. and may not be withdrawn within sixty(60)days after such date and time Pages AGENCY MAILING DATE: PROPOSAL TITLE: FEDERAL EMPLOYER IDENTIFICATION NUMBER OR S.S. NUMBER VENDOR NAME REASON FOR NO PROPOSAL VENDOR MAILING ADDRESS CITY-STATE-ZIP POSTING OF PROPOSAL TABULATIONS Proposal tabulations with recommended awards will be posted for review AREA CODE TELEPHONE NUMBER by interested parties at the location where proposals were opened and w i 1 1 remain posted for a period of 72 hours. Failure to file a protest TOLL-FREE NUMBER within the time prescribed in Section 10.53(5). Florida statutes shall constitute a waiver of proceedings under chapter 120.Florida Statutes. Posting will be on or about I certify that this proposal is made without prior understanding,agreement,or connection with any corporation,firm,or person submitting a proposal for t h e same contractual services,and is in all respects fair and without collusion or fraud.I agree to abide by all conditions of this proposal and certify that I am authorized to sign this proposal for the Proposer and that the AUTHORIZED SIGNATURE(MANUAL) Proposer is in compliance with all requirements of the request for Proposal, including but not limited to,certification requirements,in submitting a proposal to an agency for the State of Florida,the Proposer offers and agrees that if the proposal is accepted,the Proposer will convey,sell,assign or transfer to the State of Florida all rights,title and interest in and to all causes AUTHORIZED SIGNATURE AND TITLE(TYPED/WRTTTEN) of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the State of Florida. At the discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the Proposer. Packet Page-1226- 45 • 3/25/2014 16.D.9. GENERAL CONDITIONS SEALED PROPOSALS: All proposal sheets and this original (d) INVOICING AND PAYMENT:The contractor shall be paid upon acknowledgment form must be executed and submitted in a sealed envelope. submission of property certified invoices to the purchaser at the prices (DO NOT INCLUDE MORE THAN ONE PROPOSAL PER ENVELOPE.) stipulated on the contract at the time the order is placed,after delivery and The face of the envelope shall contain,in addition to the above address,the acceptance of goods,less deduction if any as provided. Invoices shall date and time of the proposal number.Proposal prices not submitted on contain the contract number,purchase order number and the contractors' attached proposal price sheets when required shall be rejected.All proposals Federal Employer Identification Number. An original and three(3)copies are subject to the conditions specified herein. Those not complying with of the invoice shall be submitted. The fmal payment shall not be made until these conditions are subject to rejection. after the contract is complete unless the Agency has agreed otherwise. Invoices for fees or other compensation for services or expenses submitted 1. EXECUTION OF PROPOSAL:Proposal must contain a manual for contractual services shall be submitted in detail sufficient for a proper signature of authorized representative in the space provided above. preaudit and postaudit thereof and invoices for any travel expenses shall be Proposal must be typed or printed in ink. Use of erasable ink is not submitted in accordance with the rates at or below those specified in permitted. All corrections to prices made by Proposer must be initialed. Sections 112.061 and 287.058,F.S.Interest Penalties:Payment shall be The company name and F.E.I.D.or social security number must appear made in accordance with section 215.422,F.S.,which states the contractors' on each pricing page of the proposal as required. rights and the Agency's responsibilities concerning interest penalties and time limits for payment of invoices. VENDOR OMBUDSMAN:vendors 2.NO PROPOSAL SUBMTt I ED:It not submitting a proposal, providing goods and services to an agency should be aware of the following responds by returning only this acknowledgment form,marking it"NO time frames. Upon receipt,an agency has five(5)working days to inspect PROPOSAL",and explain the reason in the space provided above. and approve the goods and services,unless the bid specifications,purchase Failure to respond to a procurement solicitation without giving order or contract specifies otherwise.An agency has 20 days to deliver a justifiable reasons for such failure,nonconformance to contract request for payment(voucher).The 20 days are measured from the latter of conditions,or other pertinent factors deemed reasonable and valid shall the date the invoice is received or the goods or services are received, be cause for removal of the Proposers name from the proposal mailing inspected and approved.If a payment is not available within 40 days,a list. NOTE:To qualify as a respondent,Proposer must submit a"NO separate interest penalty of.03333 percent per day will be due and payable, PROPOSAL",and it must be received no later than the stated proposal in addition to the invoice amount,to the vendor.The interest penalty opening date and hour. provision applies after a 35 day time period to health care providers,as defined by rule.Interest penalties of less than one(1)dollar will not be 3.PROPOSAL OPENING:Shall be public,on the date,location and enforced unless the vendor requests payment. Invoices which have to be the time specified on the acknowledgment form. It is the Proposer's returned to a vendor because of vendor preparation errors will result in a responsibility to assure that his proposal is delivered at the proper time delay in the payment. The invoice payment requirements do not start until and place of the proposal opening. Proposals,which for any reason are properly completed invoice is provided to the agency.A Vendor not so delivered,will not be considered. Offers by telegram or Ombudsman has been established within the Department of Banking and telephone are not acceptable. A proposal may not be altered after Finance. The duties of this individual include acting as an advocate for opening of the price proposals. NOTE:Proposal tabulations will be vendors who may be experiencing problems in obtaining timely payment(s) furnished upon written request with an enclosed,self addressed, from the agency. The Vendor Ombudsman may be contacted at(904)488- stamped envelope and payment of a predetermined fee. Proposal 2924)or by calling the State Comptroller's Hotline,1-800-848-3792.The "r`"`' tabulations will not be provided by telephone. Area Agency On Aging review the conditions and circumstances surrounding non-payment and unless there is a bonafide dispute,the Area 4. PRICES,TERMS AND PAYMENT:Finn prices shall be proposed and Agency on Aging may in writing authorize the contract supplier to reject include all services rendered to the purchaser. and return purchase orders from said agency until such time as the agency (a)TAXES: The Area Agency on Aging does not pay Federal Excise complies with the provisions of Section 215,422,F.S. and Sales taxes on direct purchases of services. See tax exemption (e) ANNUAL APPROPRIATIONS:The Area Agency on Aging performance number on face of purchase order or agreement form. This and obligation to pay under this contract is contingent upon an annual e x e m p t i o n does not apply to purchases of services in the appropriation by the Legislature. performance of contracts for the improvement of state-owned real property as defined in Chapter 192,Florida Statutes. 5. CONFLICT OF INTEREST:The award hereunder is subject to the provisions of Chapter 112,Florida Statutes. Proposers must disclose with their proposal (b) DISCOUNTS:Cash discount for prompt payment shall not be the name of any officer,director,or agent who is also an employee of the Area considered in determining the lowest net cost for proposal evaluation Agency On Aging or any of its agencies. Further,all Proposers must disclose purposes. the name of any Area Agency On Aging employee who owns,directly or indirectly,an interest of five(5%)or more in the Proposer's firm or any of its (c)MISTAKES:Proposers are expected to examine the conditions, branches. In accordance with Chapter 287,Florida Statutes,no person or firm scope of work,proposal prices,extensions,and all instructions receiving a contract that has not been procured pursuant to Section 287.057)20 pertaining to the services involved. Failure to do so will be at the or(3)to perform a feasibility study of the potential implementation of a Proposer's risk. subsequent contract participating in the drafting of a request for proposals,or developing a program for future implementation shall be eligible to contract with the agency for any contacts dealing with that specific subject matter,and Proposers must disclose with their proposal any such conflict of interest. Packet Page-1227- 46 3/25/2014 16.D.9. 6. AWARDS:As the best interest of the County may require,the right is 1 1. ADVERTISING:In submitting a proposal,Proposer agrees not to use reserved to reject any and all proposals or waive any minor irregularity or the results there from as a part of any commercial advertising. technicality in proposals received. Proposers are cautioned to make no assumptions unless their proposal has been evaluated as being responsive. 12. ASSIGNMENT:Any Contract or Purchase Order issued pursuant to this request for proposal and the monies which may become due 7.INTERPRETATIONS/DISPUTES:Any questions concerning conditions hereunder are not assignable,except with the prior written approval of and specifications shall be directed in writing to this office for receipt no the purchaser. later than ten(10)days prior to the proposal opening. Inquiries must reference the date of proposal opening and proposal number. No 13. LIABILITY:On any contract resulting from this proposal the Proposer interpretation shall be considered binding unless provided in writing by shall hold and save the Area Agency on Aging.its officers,agents and Collier County Purchasing Department in response to requests in full employees harmless against claims by third parties resulting from the compliance with this provision. Any person who is adversely affected by contractor's breach of this contract or the contracts negligence. This the County's decision or intended decision concerning a procurement requirement does not apply to contracts between governmental solicitation or contract award and who wants to protest such decision or agencies. intended decision shall file a protest in compliance with Rule I3A-1.006(3). Florida Administrative Code. Failure to file a protest within the time 14. FACILITIES:The Agency reserves the right to inspect the Proposer's prescribed in Section 120.53(5).Florida Statutes shall constitute a waiver of facilities at a time with prior notice. proceedings under Chapter 120,Florida Statutes. 15. CANCELLATION:The County shall have the right to unilateral 8. GOVERNMENTAL RESTRICTIONS:hr the event any governmental cancellation for refusal by the contractor to allow public access to all restrictions may be imposed which would necessitate alteration of the documents,papers,letters,or other material subject to the provisions of material quality of the services offered on this proposal prior to their Chapter 119,Florida Statutes,and made or received by the contractor in completion,it shall be the responsibility of the successful Proposer to notify conjunction with contract. the purchaser at once,indicating in his letter the specific regulation which required an alteration.The Agency reserves the right to accept any such 16. PUBLIC RECORDS:Any material submitted in response to this alteration,including any price adjustments occasioned thereby,or to cancel Request for Proposal will become a public document pursuant to the contract at no further expense to the Agency. Section 119.07,F.S. This includes material which the responding Proposer might consider to be confidential of a trade secret. Any claim 9. DEFAULT:Failure to perform according to this proposal and/or resulting of confidentiality is waived upon submission,effective after opening contract shall be cause for your firm to be found in default which event any pursuant to Section 119.07,F.S. and all re-procurement costs maybe charged against your firm. Any violations of these stipulations may also result in: a) Contractor's name being removed from the Division of Purchasing vendor mailing list. b)All Agencies being advised not to do business with the contractors without written approval of the Purchasing Department. 10. LEGAL REQUIREMENTS:Applicable provision of all Federal,State, county and local laws,and of all ordinances,rules,and regulations shall development,submittal and evaluation of all proposals received in response hereto and shall govern any and all claims and disputes which may arise between person(s)submitting a proposal response hereto and Collier County Purchasing Department,by and through its officers,employees and authorized representatives,or any other person,natural:or otherwise,and lack of knowledge by any Proposer shall not constitute a cognizable defense against the legal effect thereof. NOTE:ANY AND ALL SPECIAL CONDITIONS AND SPECIFICATIONS ATTACHED HERETO WHICH VARY FROM THESE GENERAL CONDITIONS SHALL HAVE PRECEDENCE. Packet Page-1228- 47 3/25/2014 16.D.9. Colter er Co 1fi Admnistrative Services Drvrsicr vurhasinq Attachment 8: Service Provider Summary Information Page PSA: 8 ORIGINAL SUBMISSION [ ] 1. PROVIDER INFORMATION: 2. GOVERNING BOARD CHAIR: Executive Director: {Name/Address/Phone {Name/Address/Phone} Legal Name of Agency: Name of Grantee Agency: Mailing Address 3. ADVISORY COUNCIL CHAIR: applicable) (if {Name/Address/Phone} Telephone Number: [ ] 4. TYPE OF AGENCY/ORGANIZATION: 5. PROPOSED FUNDING PERIOD: NOTFORPROFIT: PRIVATE A. New Applicant PUBLIC PRIVATE FOR PROFIT B. Continuation 6. FUNDS REQUESTED: [] OAA Title I1IB [] ADI []JTPA [] OAA Title IIIC-1 [] CCE [] HCBS [] OAA Title IIIC-2 [] CSS [] PROJECT CARE [] OAA Title IIIE [ ] EHEAEP [] SHINE [] OAA Title VII [] ELDERLY MEALS [] USDA [] OAA Training [] LSP [] HCE [] CONTRACTED SERVICES [ ] USDA [] OTHER(SPECIFY) RVICE AREA: [ ] Single County DDRES S FOR PAYMENT OF CHECKS ITEM#: [ ] #1 [ ] #2 I hereby certify that the contents of this document are true,accurate and complete statements. I acknowledge that intentional misrepresentation or falsification may result in the termination of financial assistance. Name: Signature: Title: Date: Packet Page-1229- 48 3/25/2014 16.D.9. ,Giir Courtly Admrnssrat re Sennoes Divisor -,urhasinc Attachment 9: Match Commitment [X] Original,dated . SFY: 2012 - 13 FFY: [] Revision,dated . Contract Amendment# Agency Name: Program: Community Care for the Elderly Donor Identification: Name: Street: City: State: Zip: Phone: Email Authorized Representative: Service: Total Unit Cost: Match Funds(10%): Reimbursement: Donor Certification: I hereby certify intent to donate 10% of the cost per unit of service provided for use in the specified program during the program's upcoming funding period. These funds are not included as contribution for any other State or Federally assisted program or any Federal contract and are not borne by the Federal government directly or indirectly under any federal grant or contract. Date: Signature of Donor or Representative Packet Page-1230- 49 3/25/2014 16.D.9. Criger C01414ry dries ServIces Drovon zvurzhasinc, Attachment 10: Certification of 60 Days Operating Funds ,as an authorized representative of ,certify that this firm has and maintains sufficient funds to continue operating at current levels for a minimum of 60 days. Authorized Representative Date Packet Page-1231- 50 3/25/2014 16.D.9. Collier County A,v:irnnistraTive Servio Division ur.hasing Attachment 11: HIPAA Compliance Assurance , as an authorized representative of ,hereby issue this statement of assurance that this agency/company has determined that: [ ] it is considered a"covered entity"and is in compliance with and is able to meet all of the requirements of the Health Insurance Portability and Accountability Act of 1996. [ ] it is not considered a "covered entity," but will comply with the intent of the Act in the areas of privacy, security and billing. Authorized Representative Date Documentation of satisfactory prior performance: [ ] Continuation Pronoser Documentation of Effective Management/Service: Quality(If Monitoring Reports indicate program management and/or service delivery problems,please explain in detail the steps taken to avoid recurrence.) OR [ ] New Proposer Documentation of Effective Management/Service Ouality: (Provide documentation in form of official reports and/or service evaluations indicating ability to effectively manage agency operations,provide quality services and staff requests promptly. Include the number of years of experience in similar service/s) Authorized Representative Date Packet Page -1232- 51 3/25/2014 16.D.9. Cavalry Arerynis%rarve Services 'vision ur..t s n Attachment 12: Statement of No Involvement and Contract Terms and Conditions • STATEMENT OF NO INVOLVEMENT I, ,as an authorized representative of ,certify that no member of firm or any person having interest in this firm has been awarded a contract by the Department of Elder Affairs on a noncompetitive basis to: (1)Develop this Request for Proposal; (2)Perform a feasibility study concerning the scope of work contained in this RFP;or (3)Develop a program similar to what is contained in this RFP. Authorized Representative Date CONTRACT TERMS AND CONDITIONS I, , as an authorized representative of ,certify that this firm agrees to all the terms and conditions of the contract as set forth in this solicitation. Authorized Representative Date Packet Page-1233- 52 3/25/2014 16.D.9. CIL County Aom nst rive Services Division =ITrhasin. Attachment 13: Statement of Compliance with Service Standards and Requirements and Acknowledgement of Compliance with all Grant Requirements I, have read and understand the requirements and standards for the service/s for which my agency/company, is making a proposal. I hereby issue this statement of assurance that this agency/company is in compliance with and is able to meet all of the requirements and standards noted in the most current Department of Elder Affairs Home and Community Based Services Handbook for said service/s. Further,I agree that my firm will comply with all grant requirements as identified under separate attachment labeled Grant Requirements_Redacted and downloadable at: http://bid.collieraov.net/bid/. Authorized Representative Date Packet Page -1234- 53 3/25/2014 16.D.9. Go Cav7 kdmrraistrawe Sertil ,vision ,urcnasin: Attachment 14: Debarment and Suspension Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion Contracts/ Subcontracts This certification is required by the regulation implementing Executive Order 12549,Debarment and Suspension, signed February 18, 1986.The guidelines were published in the May 29, 1987 Federal Register(52 Fed.Reg., pages 20360-20369). (1) The prospective recipient certifies, by signing this certification, that neither he nor his principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in contracting with the Department of Elder Affairs by any federal department or agency. (2) Where the prospective recipient is unable to certify to any of the statements in this certification,such prospective recipient shall attach an explanation to this certification. Signature Date Name and Title of Authorized Individual (Print or type) Name of Organization DOEA FORM 112B (Revised April 2001) Packet Page-1235- 54 3/25/2014 16.D.9. i r Couvrty Ariminisuetwe Serums Division 7urchasinr• Attachment 15: 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-1236- 55