Agenda 06/24/2014 Item #16A186/24/2014 16.A.18.
EXECUTIVE SUMMARY
Recommendation to approve the ranked list of design professionals pursuant to RFP No. 14 -6257,
"Doctors Pass Jetty ", authorize staff to negotiate a contract with the top ranked firm for
subsequent Board approval, and make a finding that this item promotes tourism (Project No.
90029).
OBJECTIVE: To rebuild the Doctors Pass south jetty and mitigate beach erosion in the Doctors
Pass area.
CONSIDERATIONS: The Doctors Pass south jetty has deteriorated over time and requires
rebuilding to the original permit conditions to satisfy design intent and function. Additionally,
the beaches immediately south of Doctors Pass suffer from excessive beach erosion due to the
interruption of natural sand migration by Doctors Pass. Emergency beach renourishment has
been necessary in the past to temporarily stabilize this highly eroded area. This renourishment
has not been effective and an erosion control structure has been recommended as a permanent
solution based on conceptual design and modeling.
The purpose of this scope of work is to secure a pen-nit to rebuild the south jetty to its original
design conditions and engineer /permit an erosion control structure to mitigate beach
renourishment in this area.
A Request for Proposal (RFP) was solicited in compliance with the applicable Consultants'
Competitive Negotiations Act (CCNA) requirements. On March 24th, 2014 RFP No. 14 -6257,
"Doctors Pass Jetty," was posted. One thousand, two hundred and fifty (1,250) notices were sent
out and fifty -seven (57) firms downloaded full document packages. Two (2) responsive
proposals were received on March 16, 2014. Per the Board's Purchasing Ordinance Section 11
(A)(3), the Purchasing Director certifies that every effort was made to comply with the CCNA to
attract three (3) or more fines.
On May 1, 2014, a Selection Committee ranked the two (2) firms based on an evaluation of their
technical proposals. initially, the Selection Committee was deadlocked in a tie vote. However,
after additional deliberations the Selection Committee on a second vote by consensus (4 -0)
ranked the firms as shown below:
Name of Firm
Final Ranking
Humiston and Moore (H &M)
1
Coastal Planning and Engineering (CPE)
2
The top firm, H &M is very familiar with the scope of this project. H &M has extensive
experience with jetty rebuilds and the design and permitting of erosion control structures. Staff
recommends approval of the final ranking and requests authorization to commence contract
negotiations with H &M for this work. If contract negotiations are not successful with H &M,
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then staff is seeking authorization to commence contract negotiations with CPE with the
objective of bringing an acceptable negotiated contract back to the Board for approval.
FISCAL IMPACT: Funding is available through Tourist Development Tax, Fund 195. A
Budget Amendment will be required once negotiations are completed to transfer funds from
Fund 195 reserves into Project 90029, Doctors Pass S. Jetty Rebuild. Funding for this project
will not be requested for reimbursement from any grantor agency.
GROWTH MANAGEMENT IMPACT: There are no growth management impacts as a result
of this project at this time.
ADVISORY COMMITTEE RECOMMENDATIONS: At the April 10 and May 8, 2014 CAC
meeting, this item was unanimously approved by an 8 to 0 vote.
This item will be reviewed for approval at the Tourist Development Council (TDC) meeting on
June 23, 2014. Staff will advise the Board of County Commissioners (BCC) of the TDC
recommendations prior to the June 24, 2014 BCC meeting.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and
requires majority vote for approval. — CMG
RECOMMENDATION: That the Board of County Commissioners approves the ranked list of
design professionals pursuant to RFP No. 14 -6257, "Doctors Pass Jetty ", authorize staff to
negotiate a contract with the top ranked firm for subsequent Board approval, and make a finding
that this item promotes tourism.
Prepared by: J. Gary McAlpin, PE Coastal Zone Management Manager of the Natural Resources
Department
Attachments: (1) Request for Proposal; and (2) Final Ranking
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.18.
Item Summary: Recommendation to approve the ranked list of design professionals
pursuant to RFP No. 14 -6257, "Doctors Pass Jetty ", authorize staff to negotiate a contract with
the top ranked firm for subsequent Board approval, and make a finding that this item promotes
tourism (Project No. 90029).
Meeting Date: 6/24/2014
Prepared By
Name: HambrightGail
Title: Accountant, Coastal Zone Management
5/30/2014 3:19:52 PM
Submitted by
Title: Accountant, Coastal Zone Management
Name: HambrightGail
5/30/2014 3:19:53 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, Community Development & Environmental Services
Date: 6/3/2014 4:07:27 PM
Name: LorenzWilliam
Title: Director - CDES Engineering Services, Natural Resources
Date: 6/3/2014 5:17:30 PM
Name: JohnsonScott
Title: Manager - Procurement, Purchasing & General Services
Date: 6/4/2014 8:48:40 AM
Name: McAlpinGary
Title: Manager - Coastal Management Programs, Coastal Zone Management
Date: 6/4/2014 11:36:58 AM
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Name: NorthrupAdam
Title: Procurement Specialist, Purchasing & General Services
Date: 6/9/2014 8:17:29 AM
Name: Tara Castillo
Title: Management/Budget Analyst, Road Maintenance
Date: 6/9/2014 10:46:07 AM
Name: KearnsAllison
Title: Manager Financial & Operational Support, Transportation Administration
Date: 6/9/2014 10:57:58 AM
Name: MarkiewiczJoanne
Title: Director - Purchasing /General Services, Purchasing & General Services
Date: 6/9/2014 11:02:13 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 6/10/2014 11:10:43 AM
Name: OberrathKaren
Title: Accountant, Senior, Grants Management Office
Date: 6 /10/2014 4:00:21 PM
Name: GreeneColleen
Title: Assistant County Attorney, CAO General Services
Date: 6/11/2014 3:32:13 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/13/2014 10:21:51 AM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior, Grants Management Office
Date: 6/13/2014 12:13:07 PM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management
Date: 6/13/2014 5:30:09 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 6/16/2014 1:58:46 PM
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REQUEST FOR PROPOSALS
In accordance with Florida Statute 287.055, Consultants' Competitive Negotiation Act.
Corer C"Pmty
Adninistrative Services Dv1SIOn
Purchasing
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
CCNA Solicitation
14 -6257 — Engineering Services for Doctors Pass
Jetty
Adam Northrup, Procurement Strategist
(239) 252 -6098 (Telephone)
(239) 252 -6302 (Fax)
adamnorthrup @colliergov.net (Email)
This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this
document made by the Consultant may be grounds for rejection of proposal, cancellation of any
subsequent award, or any other legal remedies available to the Collier County Government.
CCNA (Revision 01012014)
Purchasing Depxtamn • 3327 Tamian Trail East • Naples, Floaca 341,112-4901 • vvnv.colliergov.neiipur x hasing
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Table of Contents
LEGALNOTICE .......................................................................................... ............................... 3
EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT ......................
4
EXHIBIT II: GENERAL RFP INSTRUCTIONS .............................................. .............................11
EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS ................15
EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP .............. .............................19
ATTACHMENT 1: CONSULTANT'S NON - RESPONSE STATEMENT ......... .............................26
ATTACHMENT 2: CONSULTANT CHECK LIST .......................................... .............................27
ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT ........................... .............................28
ATTACHMENT 4: CONSULTANT DECLARATION STATEMENT ............... .............................29
ATTACHMENT 5: IMMIGRATION AFFIDAVIT CERTIFICATION ................. .............................31
ATTACHMENT 6: CONSULTANT SUBSTITUTE W — 9 ............................... .............................32
ATTACHMENT 7: INSURANCE AND BONDING REQUIREMENTS ........... .............................33
ATTACHMENT 8: REFERENCE QUESTIONNAIRE .................................... .............................35
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Co er County
Adrrinistrafivve Services Division
Purchasing
Legal Notice
Pursuant to approval by the County Manager, Sealed Proposals to provide design services to
permit, rebuild and construct erosion control on the existing Doctors Pass Jetty will be received
until 3:00 PM, Naples local time, on April 16"' 2014 at the Collier County Government,
Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112.
CCNA Solicitation
14 -6257 — Engineering services for Doctors Pass Jetty
Services to be provided may include, but not be limited to the following: design services to permit,
rebuild and construct erosion control on the existing Doctors Pass Jetty.
® A pre - proposal conference is not applicable for this solicitation.
All statements should be made upon the official proposal form which must be obtained only on
the Collier County Purchasing Department Online Bidding System website:
www.colliergov.net/bid.
Collier County does not discriminate based on age, race, color, sex, religion, national origin,
disability or marital status.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
BY: /S/ Joanne Markiewicz
Director, Procurement Services
This Public Notice was posted on the Collier County Purchasing Department website:
www.collieraov.net /purchasing and in the Lobby of Purchasing Building "G ", Collier County
Government Center on 0312412014.
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Exhibit I: Scope of Work, Specifications and Response Format
As requested by the Coastal Zone Management Department (hereinafter, the "Division or
Department "), the Collier County Board of County Commissioners Purchasing Department
(hereinafter, "County ") has issued this Request for Proposal (hereinafter, "RFP ") with the intent
of obtaining proposals from interested and qualified Consultants in accordance with the terms,
conditions and specifications stated or attached. The Consultant, at a minimum, must achieve
the requirements of the Specifications or Scope of Work stated.
The results of this solicitation may be used by other County departments once awarded
according to the Board of County Commissioners Purchasing Policy.
Brief Description of Purchase
The Board of County Commissioners of Collier County is seeking qualified firms capable of
providing engineering services as required to permit and rebuild the existing Doctors Pass south
jetty along with the addition of a new Erosion Control Structure to control beach erosion south of
Doctors Pass.
Detailed Scope of Work
1. Rebuild the existing south Jetty at Doctors Pass
• Survey existing south jetty
• Permit a jetty rebuild to the original /existing plans and specifications
• Identify stone quantities required, source, density, drop test, stone
configuration /size and stone certification.
• Develop Plans and Specifications
• Estimate of Most Probable Costs
• Bid Package generation
• Evaluation and Recommendation of bidders
2. New Beach Erosion Control Structure /Spur south of Doctors Pass
• Model existing beach and location south of Doctors Pass to determine optimal
configuration /design that incorporates the rebuilt south jetty into a comprehensive
design package. A jetty spur has been recommended based on preliminary
modeling by Coastal Planning and Engineering to accomplish this work.
• Permit the Erosion Control Structure design
• Integrate with the rebuild of the existing south jetty rebuild
• Identify stone quantities required, source, density, drop test, stone
configuration /size and stone certification.
• Develop Plans and Specifications
• Estimate of Most Probable Costs
• Bid Package generation
• Evaluation and Recommendation of bidders
3. Joint Coastal Permit Application
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State and Federal permits and approvals will be required. Evaluation and
incorporation of existing and recently acquired design, geotechnical, and
environmental documentation into a Florida Department of Environmental
Protection (FDEP) Joint Coastal Permit (JCP) application package that presents
the information in the approved agency format. New or additional field
investigations or studies should be minimized and avoided. In addition to
descriptive information, the permit application should include the appropriate
sketches and drawings to graphically describe the project. The consultant will
provide the draft JCP package to Collier County for review and comment.
Electronic copies (Adobe Acrobat PDF format on CD -Rom) of the JCP
application will be prepared and submitted to the FDEP for distribution and
review. One (1) hard and electronic copy of the permit application will be
submitted to the appropriate U.S. Army Corps of Engineers (USACE)
representative responsible for project review and comment. Electronic copies
will be provided to other agencies as needed.
The permit documents will include information pertinent to beach erosion, beach
performance, environmental setting, design details in permit drawings, and any
other information deemed important by State and Federal agencies. The permit
will also incorporate information developed in recently completed geotechnical
investigations, engineering studies, and physical monitoring reports.
4. Administration
• Administration includes coordination, meetings, progress and status updates,
budget control, scheduling, planning, internal meetings, and other associated
management tasks.
5. Pre - Application Meeting
• Coordinate with the County and State and Federal resource protection agencies
to schedule a project pre - application meeting. Schedule the pre - application
meeting sufficiently in advance to allow those State and Federal agencies
responsible for project evaluation to attend. Agencies that will be invited include
the FDEP, USACE, National Marine Fisheries Service (NMFS), United States
Fish and Wildlife Service (USFWS), and Florida Fish and Wildlife Conservation
Commission (FWC). The purpose of the meeting will be to describe the design
decisions that the County reached in formulating the proposed project. Goals of
the pre - application meeting are to obtain agency input on the proposal, identify
additional data needs and concerns, and develop responses to those issues
before submittal of the JCP. By meeting with the agencies before formal
submittal of the JCP, the critical tasks will be identified and criteria needed to
process a permit. One trip to Tallahassee with County staff to meet and
coordinate with the agencies should be included in this proposal. Consultation
with the Corps of Engineers (USACE) in Ft. Myers is required.
Recommendations to the County based on the results of these meetings are
required.
6. Prepare Engineering Sections
• Prepare an updated engineering summary of the project. Update the design
based upon previous design templates and maximize the design life where
feasible.
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• Along with the engineering summary, prepare a project and construction
description, project schedule, impact analysis, and other required engineering
documents and drawings for the permit application. Permit sketches will be
developed and finalized within this phase.
7. Prepare Environmental Sections
• Environmental sections of the JCP application, including threatened and
endangered species present, existing natural communities, wildlife surveys,
biological resources, etc., will be prepared by a qualified biologist. Biologists will
also provide additional information for the USACE which may be required for
consultation with USFWS and NMFS, such as the Manatee Biological Evaluation
(USFWS) and the Section 7 Consultation Checklist (NMFS). Assist the USACE
in preparing a public notice, consultation letter and advertising the public notice.
• Based upon recent guidance, it is anticipated that the environmental information
submitted with the JCP application and within the Manatee Biological Evaluation
(USFWS) and Section 7 Consultation Checklist (NMFS) will be sufficient to
satisfy NEPA requirements, including Endangered Species Act Section 7
Consultation with USFWS and NMFS and Essential Fish Habitat (EFH)
consultation with NMFS. Assume that the USFWS Statewide Programmatic
Biological Opinion (SPBO) for nesting sea turtles and the USFWS P3130 for
piping plovers will apply to this project.
8. Prepare Geology Sections, if required
• Results of the past geotechnical investigations will be incorporated into the
permit application.
9. Prepare Special Plans, if required
• Prepare additional cut sheets or cross sections of new erosion control structure
per request of FDEP
10. Respond to Agency Comments /RAI Phase
• This task includes preparing responses for one (1) Request for Additional
Information (RAI) from the Corps and FDEP, as well as travel to visit FDEP
offices one (1) time. The FDEP is using an extended information collection
period in lieu of RAI No. 2. Recent experience shows that one round of RAI
responses with an extended question period should address all the major issues.
Anything beyond a first set of RAI and reasonable extended questions period or
equivalent will be discussed with County staff to develop a course of action.
11. Finalize Permit Application Process
• This task includes: Negotiating Permit and BO Requirements, Issuance of Public
Notice, Response to Comments on Public Issuance, Coordination of Final Permit
Issuance, and providing last- minute documents to assist agencies in issuing the
permit
Term of Contract
The contract term, if an award(s) is /are made is intended to be for current needs.
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Prices shall remain firm for the initial term of this contract.
Surcharges will not be accepted in conjunction with this contract, and such charges should
be incorporated into the pricing structure.
Projected Solicitation Timetable
The following projected timetable should be used as a working guide for planning purposes
only. The County reserves the right to adjust this timetable as required during the course of
the RFP process.
Event
Date
Issue Solicitation Notice
03/24/2014
Last Date for Receipt of Written Questions
04/11/2014, 3:OOPM
Solicitation Deadline Date and Time
04/16/2014, 3:OOPM
Anticipated Evaluation of Submittals
Week of April 28th
Anticipated Completion of Contract Negotiations
May 2014
Anticipated Board of County Commissioner's Contract
Approval Date
06/10/2014
Response Format
The Consultant understands and agrees to abide by all of the RFP specifications,
provisions, terms and conditions of same, and all ordinances and policies of Collier County.
The Consultant further agrees that if the contract is awarded the work will be performed in
accordance with the provisions, terms and conditions of the contract.
To facilitate the fair evaluation and comparison of proposals, all proposals must conform to
the guidelines set forth in this RFP.
Any portions of the proposal that do not comply with these guidelines must be so noted and
explained in the Acceptance of Conditions section of the proposal. However, any proposal
that contains such variances may be considered non - responsive.
Proposals should be prepared simply and economically, providing a straightforward concise
description of the Consultant's approach and ability to meet the County's needs, as stated in
the RFP. All proposals should be presented as described in the RFP in PDF or Microsoft
Word format with Tabs clearly marked. If applicable, the utilization of recycled paper for
proposal submission is strongly encouraged.
The items listed below are to be submitted with each proposal and submitted in the order
shown. Each section should be clearly labeled, with pages numbered and separated by
tabs. Failure by a Consultant to include all listed items may result in the rejection of its
proposal.
1. Tab I, Cover Letter
In this tab, include:
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• Provide a cover letter, signed by an authorized officer of the firm, indicating the
underlying philosophy of the firm in providing the services stated herein. Include
the name(s), telephone number(s) and email(s) of the authorized contact
person(s) concerning proposal. Submission of a signed Proposal is Consultant's
certification that the Consultant will accept any awards as a result of this RFP.
2. Tab II, Firms Credentials and Experience (25 points)
In this tab, include:
• Provide a "not to exceed" two page "Firm Credential and Experience" narrative
that identifies and highlights the firms credentials and experience relative to JCP
permitting, success and overall effectiveness.
• Provide the resumes of key individual and qualifying experience relative to major
beach renourishment JCP permitting that are available resources and assigned
to this project.
• Attach resumes of any sub - consultants. If sub - consultants are being utilized,
letters of intent from stated sub - consultants must be included with proposal
submission.
• Provide current list of projects in the format identified below:
Project Original Final Project Number of
Start Date End Date Change
Description Budget Cost Orders
3. Tab III, Business Plan (25 points)
In this tab, include:
• Detailed plan of approach (including major tasks and sub - tasks).
• Detailed time line for completion of the project.
• Include with the Business Plan or as an attachment, a copy of a report as an
example of work product. This should be for one of the projects listed as a
reference.
4. Tab IV, Discipline Experience (30 points)
• Provide a list of projects that includes sufficient detailed description that outlines
the firms experience in JCP renourishment permitting, success and cost
effectiveness.
5. Tab V, References — 5 Completed and Returned (20 points)
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In order for the Consultant to be awarded any points for this tab, the County requests
that the Consultant submits five (5) completed reference forms from clients whose
projects are of a similar nature to this solicitation as a part of their proposal. The County
will only use the methodology calculations for the first five (5) references (only)
submitted by the Consultant in their proposal.
Prior to the Selection Committee reviewing proposals, the following methodology will be
applied to each Consultant's information provided in this area:
• The County will total each of the Consultant's five reference questionnaires and
create a ranking from highest number of points to lowest number of points.
References marked with an N/A (or similar notation will be given the score of zero
(0)). Consultants who do not turn in reference forms will be counted as zero (0).
• The greatest number of points allowed in this criterion will be awarded to the
Consultant who has the highest score.
• The next highest Consultant's number of points will be divided by the highest
Consultant's points which will then be multiplied by criteria points to determine the
Consultant's points awarded. Each subsequent Consultant's point score will be
calculated in the same manner.
• Points awarded will be extended to the whole number per Microsoft Excel.
For illustrative purposes only, see chart for an example of how these points would be
distributed among the five proposers.
Consultant Name
Consultant Total
Reference Score
points Awarded
Consultant ABC
445
20
Consultant DEF
435
19.6
Consultant GHI
425
19.1
Consultant JKL
385
17.3
Consultant MNO
385
17.3
Consultant PQR
250
11.2
Note: Sample chart reflects a 20 point reference criterion.
The points awarded by Consultant will be distributed to the Selection Committee prior to
their evaluation of the proposals. The Selection Committee will review the Consultant's
proposal to ensure consistency and completion of all tasks in the RFP, and review the
Points Awarded per Consultant. The Selection Committee may, at their sole discretion,
contact references, and /or modify the reference points assigned after a thorough review
of the proposal and prior to final ranking by the final Selection Committee.
6. Tab VI, Acceptance of Conditions
Indicate any exceptions to the general terms and conditions of the RFP, and to
insurance requirements or any other requirements listed in the RFP. If no exceptions are
indicated in this tabbed section, it will be understood that no exceptions to these
documents will be considered after the award, or if applicable, during negotiations.
Exceptions taken by a Consultant may result in evaluation point deduction(s) and /or
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exclusion of proposal for Selection Committee consideration, depending on the extent of
the exception(s). Such determination shall be at the sole discretion of the County and
Selection Committee.
7. Tab VII, Required Form Submittals
• Attachment 2: Consultant Checklist
• Attachment 3: Conflict of Interest Affidavit
• Attachment 4: Consultant Declaration Form'
• Attachment 5: Immigration Affidavit and company's E- Verify profile page and
memorandum of understanding
• Attachment 6: Consultant Substitute W9
• Attachment 7: Insurance Requirements
• Attachment 8: Reference Questionnaire
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Exhibit II: General RFP Instructions
1. Questions
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Direct questions related to this RFP to the Collier County Purchasing Department Online
Bidding System website: www.colliergov.net /bid.
Consultants must clearly understand that the only official answer or position of the County
will be the one stated on the Collier County Purchasing Department Online Bidding System
website. For general questions, please call the referenced Procurement Strategist noted on
the cover page.
2. Pre - Proposal Conference
The purpose of the pre - proposal conference is to allow an open forum for discussion and
questioning with County staff regarding the RFP with all prospective Consultants having an
equal opportunity to hear and participate. Oral questions will receive oral responses, neither
of which will be official, nor become part of the RFP. Only written responses to written
questions will be considered official, and will be included as part of the RFP as an
addendum.
All prospective Consultants are strongly encouraged to attend, as, this will usually be the
only pre - proposal conference for this solicitation. If this pre - proposal conference is denoted
as "mandatory", prospective Consultants must be present in order to submit a proposal
response.
3. Compliance with the RFP
Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of
the RFP may result in disqualification.
4. Ambiguity, Conflict, or Other Errors in the RFP
It is the sole responsibility of the Consultant if the Consultant discovers any ambiguity,
conflict, discrepancy, omission or other error in the RFP, to immediately notify the
Procurement Strategist, noted herein, of such error in writing and request modification or
clarification of the document prior to submitting the proposal. The Procurement Strategist will
make modifications by issuing a written revision and will give written notice to all parties who
have received this RFP from the Purchasing Department.
5. Proposal, Presentation, and Protest Costs
The County will not be liable in any way for any costs incurred by any Consultant in the
preparation of its proposal in response to this RFP, nor for the presentation of its proposal
and /or participation in any discussions, negotiations, or, if applicable, any protest
procedures.
6. Delivery of Proposals
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All proposals are to be delivered before 3:OOPM, Naples local time, on or before April 16,
2014 to:
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
Attn: Adam Northrup, Procurement Strategist
The County does not bear the responsibility for proposals delivered to the Purchasing
Department past the stated date and /or time indicated, or to an incorrect address by
Consultant's personnel or by the Consultant's outside carrier. However, the Procurement
Director, or designee, reserves the right to accept proposals received after the posted close
time under the following conditions:
• The tardy submission of the proposal is due to the following circumstances, which
may include but not be limited to: late delivery by commercial carrier such as Fed Ex,
UPS or courier where delivery was scheduled before the deadline.
• The acceptance of said proposal does not afford any competing firm an unfair
advantage in the selection process.
Consultants must submit one (1) paper copy clearly labeled "Master," and 6 compact
disks (CD's) with one copy of the proposal on each CD in Word, Excel or PDF. List the
Solicitation Number and Title on the outside of the box or envelope.
7. Validity of Proposals
No proposal can be withdrawn after it is filed unless the Consultant makes their request in
writing to the County prior to the time set for the closing of Proposals. All proposals shall be
valid for a period of one hundred eighty (180) days from the submission date to
accommodate evaluation and selection process.
8. Method of Source Selection
The County is using the Competitive Sealed Proposals methodology of source selection for
this procurement, as authorized by Ordinance Number 2013 -69 establishing and adopting
the Collier County Purchasing Policy.
If the County receives proposals from less than three (3) firms, the Procurement Director
shall review all the facts and determine if it is in the best interest of the County to solicit
additional proposals or request that the Selection Committee rank order the received
proposals.
The County may, as it deems necessary, conduct discussions with qualified Consultants
determined to be in contention for being selected for award for the purpose of clarification to
assure full understanding of, and responsiveness to solicitation requirements.
9. Evaluation of Proposals
Collier County will evaluate and select these Services in accordance with Florida Statute 287.055,
Consultants' Competitive Negotiation Act.
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The County's procedure for selecting is as follows:
1. The County Manager or designee shall appoint a Selection Committee to review all
proposals submitted.
2. Request for Proposals issued.
3. Subsequent to the closing of proposals, the Procurement Strategist will review the
proposals received and verify whether each proposal appears to be minimally
responsive to the requirements of the published RFP.
4. Meetings will be open to the public and the Procurement Strategist will publicly post prior
notice of such meeting in the lobby of the Purchasing Building.
5. The committee members will review each Proposal individually and score each proposal
based on the evaluation criteria stated herein.
6. Prior to the first meeting of the selection committee, the Procurement Strategist will post
a notice announcing the date, time and place of the first committee meeting. Said notice
will be posted in the lobby of the Purchasing Building not less than three (3) working
days prior to the meeting. The Procurement Strategist will also post prior notice of all
subsequent committee meetings and will endeavor to post such notices at least one (1)
day in advance of all subsequent meetings.
7. Collier County will consider all the material submitted by the Proposer and other
information Collier County may obtain to determine whether the Proposer is capable of
and has a history of successfully completing projects of this type, including, without
limitation, additional information Collier County may request, interviews, or oral
presentations.
8. The Selection Committee, as approved by the County Manager or designee, will review,
evaluate and rank all responsive proposals received from Proposers responding to this
RFP. The committee members will score each Proposal in accordance with the rating
criteria set forth below and may, at their discretion, schedule presentations from any
firms submitting a proposal. Consultant(s) shall have an opportunity to discuss their
qualifications, approach to the project and ability to furnish services for the scope of work
outlined in this solicitation during the publicly announced Selection Committee Meeting
prior to the final ranking. This discussion does not preclude the County from having
additional presentations by ranked firms at the County's sole discretion.
9. The Selection Committee will rank qualified firms in order of preference and by
consensus using all information presented to the Committee, choose the top ranked firm
and will subsequently enter into negotiations with the top ranked firm. Award of the
contract is dependent upon the successful and full execution of a mutually agreed
contract.
10. Negotiations shall begin with the top- ranked firm(s) in accordance with Florida Statute
287.055.
11. Upon the successful completion of negotiations, contracts will be presented to the Board of
County Commissioners for approval.
The County reserves the right to withdraw this RFP at any time and for any reason, and
to issue such clarifications, modifications, addendums, and /or amendments as it may
deem appropriate, including, but not limited, to requesting supplemental proposal
information.
Receipt of a proposal by the County or a submission of a proposal to the County offers
no rights upon the Consultant nor obligates the County in any manner.
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Acceptance of the proposal does not guarantee issuance of any other governmental
approvals. Proposals which include provisions requiring the granting of zoning variances
may not be considered.
10. References
The County reserves the right to contact any and all references submitted as a result of this
solicitation.
11. Proposal Selection Committee and Evaluation Factors
The County Manager or designee will appoint a Selection Committee to review all proposals
submitted. The factors to be considered in the evaluation of proposal responses are listed
below.
Tab II, Firm Credentials and Experience 25 points
Tab III, Business Plan 25 points
Tab IV, Discipline Experience 30 points
Tab V, References 20 points
TOTAL 100 Points
Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the firm
with the lowest paid dollars by Collier County to the Consultant (as obtained from the
County's financial system) within the last five (5) years will receive the higher individual
ranking. This information will be based on information provided by the Consultant, subject
to verification at the County's option. If there is a multiple firm tie in either individual scoring
or final ranking, the firm with the lowest volume of work shall receive the higher ranking, the
firm with the next lowest volume of work shall receive the next highest ranking and so on.
12. Acceptance or Rejection of Proposals
The right is reserved by the County to waive any irregularities in any proposal, to reject any
or all proposals, to re- solicit for proposals, if desired, and upon recommendation and
justification by Collier County to accept the proposal which in the judgment of the County is
deemed the most advantageous for the public and Collier County.
Any proposal which is incomplete, conditional, obscure or which contains irregularities of
any kind, may be cause for rejection. In the event of default of the successful Consultant, or
their refusal to enter into the Collier County contract, the County reserves the right to accept
the proposal of any other Consultant or to re- advertise using the same or revised
documentation, at its sole discretion.
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Exhibit III: Collier County Purchase Order Terms and Conditions
1. Offer
and to comply with all carrier
This offer is subject to cancellation by the
regulations. Risk of loss of any goods
COUNTY without notice if not accepted by
sold hereunder shall transfer to the
VENDOR within fourteen (14) days of
COUNTY at the time and place of
issuance.
delivery; provided that risk of loss prior
to actual receipt of the goods by the
2. Acceptance and Confirmation
COUNTY nonetheless remain with
This Purchase Order (including all
VENDOR.
documents attached to or referenced
b) No charges will be paid by the COUNTY
therein) constitutes the entire agreement
for packing, crating or cartage unless
between the parties, unless otherwise
otherwise specifically stated . in this
specifically noted by the COUNTY on the
Purchase Order. Unless otherwise
face of this Purchase Order. Each delivery
provided in Purchase Order, no invoices
of goods and /or services received by the
shall be issued nor payments made
COUNTY from VENDOR shall be deemed to
prior to delivery. Unless freight and
be upon the terms and conditions contained
other charges are itemized, any
in this Purchase Order.
discount will be taken on the full amount
of invoice.
No additional terms may be added and
c) All shipments of goods scheduled on the
Purchase Order may not be changed except
same day via the same route must be
by written instrument executed by the
consolidated. Each shipping container
COUNTY. VENDOR is deemed to be on
must be consecutively numbered and
notice that the COUNTY objects to any
marked to show this Purchase Order
additional or different terms and conditions
number. The container and Purchase
contained in any acknowledgment, invoice
Order numbers must be indicated on bill
or other communication from VENDOR,
of lading. Packing slips must show
notwithstanding the COUNTY'S acceptance
Purchase Order number and must be
or payment for any delivery of goods and /or
included on each package of less than
services, or any similar act by VENDOR.
container load (LCL) shipments and /or
with each car load of equipment. The
3. Inspection
COUNTY reserves the right to refuse or
All goods and /or services delivered
return any shipment or equipment at
hereunder shall be received subject to the
VENDOR'S expense that is not marked
COUNTY'S inspection and approval and
with Purchase Order numbers.
payment therefore shall not constitute
VENDOR agrees to declare to the
acceptance. All payments are subject to
carrier the value of any shipment made
adjustment for shortage or rejection. All
under this Purchase Order and the full
defective or nonconforming goods will be
invoice value of such shipment.
returned pursuant to VENDOR'S instruction
d) All invoices must contain the Purchase
at VENDOR'S expense.
Order number and any other specific
information as identified on the
To the extent that a purchase order requires
Purchase Order. Discounts of prompt
a series of performances by VENDOR, the
payment will be computed from the date
COUNTY prospectively reserves the right to
of receipt of goods or from date of
cancel the entire remainder of the Purchase
receipt of invoices, whichever is later.
Order if goods and /or services provided
Payment will be made upon receipt of a
early in the term of the Purchase Order are
proper invoice and in compliance with
non - conforming or otherwise rejected by the
Chapter 218, Fla. Stats., otherwise
COUNTY.
known as the "Local Government
4. Shipping and Invoices
Prompt Payment Act," and, pursuant to
a) All goods are FOB destination and must
the Board of County Commissioners
be suitably packed and prepared to
Purchasing Policy.
secure the lowest transportation rates
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Time Is Of the Essence
Time for delivery of goods or performance of
services under this Purchase Order is of the
essence. Failure of VENDOR to meet
delivery schedules or deliver within a
reasonable time, as interpreted by the
COUNTY in its sole judgment, shall entitle
the COUNTY to seek all remedies available
to it at law or in equity. VENDOR agrees to
reimburse the COUNTY for any expenses
incurred in enforcing its rights. VENDOR
further agrees that undiscovered delivery of
nonconforming goods and /or services is not
a waiver of the COUNTY'S right to insist
upon further compliance with all
specifications.
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.
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.
Statutory Conformity
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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.
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).
Goods and services provided pursuant to If any claim which arises from VENDOR'S
this Purchase Order, and their production breach of section 11 (a) has occurred, or is
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likely to occur, VENDOR may, at the
COUNTY'S option, procure for the COUNTY
the right to continue using the goods or
services, or replace or modify the goods or
services so that they become non - infringing,
(without any material degradation in
performance, quality, functionality or
additional cost to the COUNTY).
12. Insurance Requirements
The VENDOR, at its sole expense, shall
provide commercial insurance of such type
and with such terms and limits as may be
reasonably associated with the Purchase
Order. Providing and maintaining adequate
insurance coverage is a material obligation
of the VENDOR. All insurance policies shall
be executed through insurers authorized or
eligible to write policies in the State of
Florida.
13. Compliance with Laws
In fulfilling the terms of this Purchase Order,
VENDOR agrees that it will comply with all
federal, state, and local laws, rules, codes,
and ordinances that are applicable to the
conduct of its business. By way of non -
exhaustive example, this shall include the
American with Disabilities Act and all
prohibitions against discrimination on the
basis of race, religion, sex creed, national
origin, handicap, marital status, or veterans'
status. Further, VENDOR acknowledges
and without exception or stipulation shall be
fully responsible for complying with the
provisions of the Immigration Reform and
Control Act of 1986 as located at 8 U.S.C.
1324, et seq. and regulations relating
thereto, as either may be amended. Failure
by the awarded firm(s) to comply with the
laws referenced herein shall constitute a
breach of the award agreement and the
County shall have the discretion to
unilaterally terminate said agreement
immediately. Any breach of this provision
may be regarded by the COUNTY as a
material and substantial breach of the
contract arising from this Purchase Order.
14. Force Majeure
Neither the COUNTY nor VENDOR shall be
responsible for any delay or failure in
performance resulting from any cause
beyond their control, including, but without
limitation to war, strikes, civil disturbances
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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
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C)
EE
this Purchase Order by VENDOR shall
not constitute a waiver of breach.
Waiver of the COUNTY by any default
by VENDOR hereunder shall not be
deemed a waiver of any subsequent
default by VENDOR.
All notices under this Purchase Order
shall be sent to the respective
addresses on the face page by certified
mail, return receipt requested, by
overnight courier service, or by personal
delivery and will be deemed effective
upon receipt. Postage, delivery and
other charges shall be paid by the
sender. A party may change its address
for notice by written notice complying
with the requirements of this section.
The Vendor agrees to reimbursement of
any travel expenses that may be
associated with this Purchase Order in
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accordance with Florida Statute Chapter
112.061, Per Diem and Travel
Expenses for Public Officers, employees
and authorized persons.
e) In the event of any conflict between or
among the terms of any Contract
Documents related to this Purchase
Order, the terms of the Contract
Documents shall take precedence over
the terms of the Purchase Order. To the
extent any terms and /or conditions of
this Purchase Order duplicate or overlap
the Terms and Conditions of the
Contract Documents, the provisions of
the Terms and /or Conditions that are
most favorable to the County and /or
provide the greatest protection to the
County shall govern.
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Exhibit IV: Additional Terms and Conditions for RFP 6/24/2014 16.A.18.
1. Insurance and Bonding Requirements
The Consultant shall at its own expense, carry and maintain insurance coverage from responsible
companies duly authorized to do business in the State of Florida as set forth in the Insurance and
Bonding attachment of this solicitation. The Consultant 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 Consultant waive against each other and the County's separate Consultants,
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 Consultant and County shall, where appropriate, require similar
waivers of subrogation from the County's separate Consultants, 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 Consultant to meet the requirements of this solicitation shall
name Collier County, Florida, as an additional insured as to the operations of Consultant under this
solicitation and shall contain a severability of interests provisions.
Collier County Board of County Commissioners shall be named as the Certificate Holder. The
Certificates of Insurance must state the Contract Number, or Project Number, or specific Project
description, or must read: For any and all work performed on behalf of Collier County.The "Certificate
Holder" should read as follows:
Collier County
Board of County Commissioners
Naples, Florida
The amounts and types of insurance coverage shall conform to the minimum requirements set forth in
Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and
endorsements or their equivalents. If Consultant has any self- insured retentions or deductibles under
any of the below listed minimum required coverage, Consultant 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
Consultant's sole responsibility.
Coverage(s) shall be maintained without interruption from the date of commencement of the Work until
the date of completion and acceptance of the scope of work by the County or as specified in this
solicitation, whichever is longer.
The Consultant and /or its insurance carrier shall provide 30 days written notice to the County of policy
cancellation or non - renewal on the part of the insurance carrier or the Consultant. The Consultant shall
also notify the County, in a like manner, within twenty -four (24) hours after receipt, of any notices of
expiration, cancellation, non - renewal or material change in coverage or limits received by Consultant
from its insurer and nothing contained herein shall relieve Consultant of this requirement to provide
notice. In the event of a reduction in the aggregate limit of any policy to be provided by Consultant
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hereunder, Consultant shall immediately take steps to have the aggregate limit 6/24/2014 `16.A;18.
extent permitted under such policy.
Should at any time the Consultant 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 Consultant for such coverage(s) purchased. if Consultant 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 Consultant under this Agreement or any other agreement between the County and
Consultant. 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 Consultant 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
Consultant to provide the County with such renewal certificate(s) shall be considered justification for the
County to terminate any and all contracts.
2. Offer Extended to Other Governmental Entities
Collier County encourages and agrees to the successful Consultant extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the discretion of the
successful Consultant.
3. Additional Items and /or Services
Additional items and / or services may be added to the resultant contract, or purchase order, in
compliance with the Purchasing Policy.
4. Use of Subcontractors
Bidders on any service related project, including construction, must be qualified and directly responsible
for 75% or more of the solicitation amount for said work.
5. County's Right to Inspect
The County or its authorized Agent shall have the right to inspect the Consultant's facilities /project site
during and after each work assignment the Consultant is performing.
6. Additional Terms and Conditions of Contract
Collier County has developed standard contracts /agreements, approved by the Board of County
Commissioners (BCC). The selected Consultant shall be required to sign a standard Collier County
contract within twenty one (21) days of Notice of Selection for Award.
The County reserves the right to include in any contract document such terms and conditions, as it
deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract
is available upon request. The County will not be obligated to sign any contracts, maintenance and /or
service agreements or other documents provided by the Consultant.
7. Public Records Compliance
The Vendor /Contractor agrees to comply with the Florida Public Records Law Chapter 119 (including
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specifically those contractual requirements at F.S. § 119.0701(2) (a) -(d) and (3)), oru,,,.,,, /21 4 11 6.A.18.
rules, regulations and requirements of any governmental agencies.
8. Payment Method
Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218,
Florida Statutes. Vendor's invoices must include:
• Purchase Order Number
• Description and quantities of the goods or services provided per instructions on the County's
purchase order or contract.
Invoices shall be sent to:
Board of County Commissioners
Clerk's Finance Department
ATTN: Accounts Payable
3299 Tamiami Trail E Ste 700
Naples FL 34112
Or emailed to: bccapclerk(a�colliercierk.com.
Collier County, in its sole discretion, will determine the method of payment for goods and /or services as
part of this agreement.
Payment methods include:
• Traditional — payment by check, wire transfer or other cash equivalent.
• Standard — payment by purchasing card. Collier County's Purchasing Card Program is supported
by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules
for VISA Merchants and MasterCard Merchant Rules.
The County may not accept any additional surcharges (credit card transaction fees) as a result of using
the County's credit card for transactions relating to this solicitation. The County will entertain bids
clearly stating pricing for standard payment methods. An additional separate discounted price for
traditional payments may be provided at the initial bid submittal if it is clearly marked as an "Additional
Cash Discount."
Upon execution of the Contract and completion of each month's work, payment requests may be
submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that
prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for
payment without prior approval from the Project manager. All invoices should be submitted within the
fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices
submitted after the close of the fiscal year will not be accepted (or processed for payment) unless
specifically authorized by the Project Manager.
Payments will be made for articles and /or services furnished, delivered, and accepted, upon receipt and
approval of invoices submitted on the date of services or within six (6) months after completion of
contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-
payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the
essence with respect to the timely submission of invoices under this agreement.
In instances where the successful contractor may owe debts (including, but not limited to taxes or other
fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these
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debts the Count reserves the right to off -set the amount owed to the Count by
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Y g Y
owed to the vendor or contractor for services performed of for materials delivered in association with a
contract.
Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the
Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance
with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act."
Collier County reserves the right to withhold and /or reduce an appropriate amount of any payment for
work not performed or for unsatisfactory performance of Contractual requirements.
9. Environmental Health and Safety
All Consultants and Sub Consultants 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. Consultants and Sub
Consultants 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 Consultant's work operations. This
provision is non - negotiable by any department and /or Consultant.
All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination
and Arc Flash Studies where relevant as determined by the engineer.
All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE
Protective labels.
10. Licenses
The Consultant is required to possess the correct Business Tax Receipt, professional license, and any
other authorizations necessary to carry out and perform the work required by the project pursuant to all
applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind.
Additionally, copies of the required licenses must be submitted with the proposal response
indicating that the entity proposing, as well as the team assigned to the County account, is
properly licensed to perform the activities or work included in the contract documents. Failure on
the part of any Consultant to submit the required documentation may be grounds to deem
Consultant non - responsive. A Consultant, with an office within Collier County is also required to have
an occupational license.
All State Certified contractors who may need to pull Collier County permits or call in inspections must
complete a Collier County Contractor License registration form and submit the required fee. After
registering the license /registration will need to be renewed thereafter to remain "active" in Collier County
If you have questions regarding professional licenses contact the Contractor Licensing, Community
Development and Environmental Services at (239) 252 -2431, 252 -2432 or 252 -2909. Questions
regarding required occupational licenses, please contact the Tax Collector's Office at (239) 252 -2477.
11. Survivability
Purchase Orders: The Consultant/Contractor/Vendor agrees that any Purchase Order that extends
beyond the expiration date of the original Solicitation 14 -6256 — Naples Beach Renourishment will
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survive and remain subject to the terms and conditions of that Agreement un „6/24/2014 16.A;18.
termination of this Purchase Order.
12. Principals /Collusion
By submission of this Proposal the undersigned, as Consultant, does declare that the only person or
persons interested in this Proposal as principal or principals is /are named therein and that no person
other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that
this Proposal is made without connection with any person, company or parties making a Proposal, and
that it is in all respects fair and in good faith without collusion or fraud.
13. Relation of County
It is the intent of the parties hereto that the Consultant shall be legally considered an independent
Consultant, and that neither the Consultant nor their employees shall, under any circumstances, be
considered employees or agents of the County, and that the County shall be at no time legally
responsible for any negligence on the part of said Consultant, their employees or agents, resulting in
either bodily or personal injury or property damage to any individual, firm, or corporation.
14. Termination
Should the Consultant be found to have failed to perform his services in a manner satisfactory to the
County, the County may terminate this Agreement immediately for cause; further the County may
terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole
judge of non - performance.
15. Lobbying
All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be
lobbied, either individually or collectively about a project for which a firm has submitted a Proposal.
Firms and their agents are not to contact members of the County Commission for such purposes as
meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closing to final
Board approval, no firm or their agent shall contact any other employee of Collier County in reference to
this Proposal, with the exception of the Procurement Director or his designee(s). Failure to abide by this
provision may serve as grounds for disqualification for award of this contract to the firm.
16. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501)
In order to be considered for award, firms must be registered with the Florida Department of State
Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a
certificate of authority (www.sunbiz.org /search.html) prior to execution of a contract. A copy of the
document may be submitted with the solicitation response and the document number shall be identified.
Firms who do not provide the certificate of authority at the time of response shall be required to provide
same within five (5) days upon notification of selection for award. If the firm cannot provide the document
within the referenced timeframe, the County reserves the right to award to another firm.
17. Single Proposal
Each Consultant must submit, with their proposal, the required forms included in this RFP. Only one
proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a
primary or as part of a partnership or joint venture submitting as primary may not then act as a sub -
consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a
primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub-
14 -6257 — Engineering Services for
Doctors Pass Jetty
23
Packet Page -784-
consultant to any other firm or firms submitting under the same RFP. All submitt4,6 /24/2014 16.A. 18.
requirement will be deemed non - responsive and rejected from further consideration.
18. Protest Procedures
Any actual or prospective Consultant to a Request for Proposal, who is aggrieved with respect to the
former, shall file a written protest with the Procurement Director prior to the due date for acceptance of
proposals. All such protests must be filed with the Procurement Director no later than 11:00 a.m. Collier
County time on the final published date for the acceptance of the Request for Proposals.
The Board of County Commissioners will make award of contract in public session. Award
recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and
Thursdays. Any actual or prospective respondent who desires to formally protest the recommended
contract award must file a notice of intent to protest with the Procurement Director within two (2) calendar
days (excluding weekends and County holidays) of the date that the recommended award is posted.
Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be
given instructions as to the form and content requirements of the formal protest. A copy of the "Protest
Policy" is available at the office of the Procurement Director.
19. Public Entity Crime
A person or affiliate who has been placed on the convicted Consultant list following a conviction for a
public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or
services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for
the construction or repair of a public building or public work; may not submit bids, proposals, or replies
on leases of real property to a public entity; may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity; and may not transact
business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY
TWO for a period of 36 months following the date of being placed on the convicted Consultant list.
20. Security and Background Checks
If required, Consultant / Vendor / Contractor / Proposer shall be responsible for the costs of providing
background checks by the Collier County Facilities Management Department, and drug testing for all
employees that shall provide services to the County under this Agreement. This may include, but not be
limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint
check, credit reports, education, residence and employment verifications and other related records.
Contractor shall be required to maintain records on each employee and make them available to the
County for at least four (4) years.
21. Conflict of Interest
Consultant shall complete the Conflict of Interest Affidavit included as an attachment to this RFP
document. Disclosure of any potential or actual conflict of interest is subject to County staff review and
does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify
and or preclude conflict of interest situations during contract selection and execution.
22. Prohibition of Gifts to County Employees
No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee,
service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311.
Violation of this provision may result in one or more of the following consequences: a. Prohibition by the
14 -6257 — Engineering Services for
Doctors Pass Jetty
24
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6/24/2014 16.A.18.
individual, firm, and /or any employee of the firm from contact with County staff for
time; b. Prohibition by the individual and /or firm from doing business with the County for a specified
period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate
termination of any contract held by the individual and /or firm for cause.
23. Immigration 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 Request for Proposals (RFP) including professional services and construction
services.
Exceptions to the program:
• Commodity based procurement where no services are provided.
• Where the requirement for the affidavit is waived by the Board of County Commissioners
Consultants / 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 Consultant's /bidder's proposal. Acceptable
evidence consists of a copy of the properly completed E- Verify Company Profile page or a copy of the
fully executed E- Verify Memorandum of Understanding for the company. Consultants 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
Bidder /Consultant does not comply with providing the acceptable E- Verify evidence and the
executed affidavit the bidder's / Consultant's proposal may be deemed non - responsive.
Additionally, Consultants shall require all subcontracted Consultants 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 Consultant's responsibility to
familiarize themselves with all rules and regulations governing this program.
Consultant 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.
14 -6257 — Engineering Services for
Doctors Pass Jetty
25
Packet Page -786-
�"r" 6/24/2014 16.A.18.
ii�r county
Adrrinishative Services Dvisbn
Purchasing
Attachment 1: Consultant's Non - Response Statement
The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise
and openly competitive. Therefore, we are interested in ascertaining reasons for prospective Consultants not
wishing to respond to this solicitation. If your firm is not responding to this RFP, please indicate the
reason(s) by checking the item(s) listed below and return this form via email or fax, noted on the cover page,
or mail to Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112.
We are not responding to CCNA Solicitation 14 -6257 — Engineering services for Doctors Pass Jetty
for the following reason(s):
❑ Services requested not available through our company.
❑ Our firm could not meet specifications /scope of work.
❑ Specifications /scope of work not clearly understood or applicable (too vague, rigid, etc.)
❑ Project is too small.
❑ Insufficient time allowed for preparation of response.
❑ Incorrect address used. Please correct mailing address:
❑ Other reason(s):
Name of Firm:
Address:
City, State, Zip:
Telephone:
Email:
Representative Signature:
Representative Name: Date
14 -6257 — Engineering Services for
Doctors Pass Jetty
26
Packet Page -787-
6/24/2014 16.A.18.
COT per county
Adrrinistrathe Servioes Division
Purchasing
Attachment 2: Consultant Check List
IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and
return with your Proposal.
Consultant should check off each of the following items as the necessary action is completed:
❑ The Proposal has been signed.
❑ All applicable forms have been signed and included, along with licenses to complete the requirements
of the project.
❑ Any addenda have been signed and included.
❑ The mailing envelope has been addressed to:
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
Attn: Adam Northrup
CCNA Solicitation: 14 -6257 — Engineering services for Doctors Pass Jetty
❑ The mailing envelope must be sealed and marked with Proposal Number, Proposal Title and Due
Date.
❑ The Proposal will be mailed or delivered in time to be received no later than the specified due date
and time. (Otherwise Proposal cannot be considered.)
ALL COURIER - DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE
OUTSIDE OF THE COURIER PACKET
Name of Firm:
Address:
City, State, Zip:
Telephone:
Email:
Representative Signature:
Representative Name:
Packet Page -788-
Date
14 -6257 — Engineering Services for
Doctors Pass Jetty
27
CaLl���'F� r 6/24/2014 16.A.18.
C.�otcnty
Adrr nisbative Gerviers Division
Purchasing
Attachment 3: Conflict of Interest Affidavit
By the signature below, the firm (employees, officers and /or agents) certifies, and hereby discloses, that, to
the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned
interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work;
and bear on whether the firm (employees, officers and /or agents) has a possible conflict have been fully
disclosed.
Additionally, the firm (employees, officers and /or agents) agrees to immediately notify in writing the
Procurement 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 -789-
14 -6257 — Engineering Services for
Doctors Pass Jetty
28
6/24/2014 16.A.18.
o -jer County
Adnriniist uh a Services DMsion
Purchasing
Attachment 4: Consultant Declaration Statement
BOARD OF COUNTY COMMISSIONERS
Collier County Government Complex
Naples, Florida 34112
RE: CCNA Solicitation: 14 -6257 — Engineering services for Doctors Pass Jetty
Dear Commissioners:
The undersigned, as Consultant declares that this proposal is made without connection or arrangement with
any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud.
The Consultant agrees, if this proposal is accepted, to execute a Collier County document for the purpose of
establishing a formal contractual relationship between the firm and Collier County, for the performance of all
requirements to which the proposal pertains. The Consultant states that the proposal is based upon the
proposal documents listed by the above referenced CCNA Solicitation.
IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of
200_ in the County of , in the State of
Firm's Legal Name:
Address:
City, State, Zip Code:
Florida Certificate of
Authority Document
Number
Federal Tax
Identification Number
CCR # or CAGE
Code
Telephone:
FAX:
Signature by:
(Typed and written)
Title:
Packet Page -790-
14 -6257 — Engineering Services for
Doctors Pass Jetty
29
Additional Contact Information
Send payments to:
(required if different from above) Company name used as payee
Contact name:
Title:
Address:
City, State, ZIP
Telephone:
FAX:
Email:
Office servicing Collier
County to place orders
(required if different from above)
Contact name:
Title:
Address:
City, State, ZIP
Telephone:
Email:
Packet Page -791-
6/24/2014 16.A.18.
14 -6257 — Engineering Services for
Doctors Pass Jetty
30
6/24/2014 16.A.18.
Corer county
Adrrinist.6je Services Division
Purchasing
Attachment 5: Immigration Affidavit Certification
CCNA Solicitation: 14 -6257 — Engineering services for Doctors Pass Jetty
This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with
formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Consultants / 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 Consultant's /bidder's proposal. Acceptable evidence consists of a copy of the properly
completed E- Verify Company Profile page or a copy of the fully executed E- Verify Memorandum of
Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the
E- Verify program may deem the Consultant / Bidder's proposal as non - responsive.
Collier County will not intentionally award County contracts to any Consultant 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 Consultant 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.
Consultant 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 Consultant's / Bidder's proposal.
Company Name
Print Name Title
Signature Date
State of
County of
The foregoing instrument was signed and acknowledged before me this day of
20_, by
who has produced as identification.
(Print or Type Name) (Type of Identification and Number)
Notary Public Signature
Printed Name of Notary Public
Notary Commission Number /Expiration
The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of
this affidavit to interrogatories hereinafter made.
14 -6257 — Engineering Services for
Doctors Pass Jetty
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co 6/24/2014 16.A.18.
cow,- county
HdrrmisUalive Servrc�s DvLsm
purchasing
Attachment 6: Consultant Substitute W — 9
Request for Taxpayer Identification Number and Certification
In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following
information for tax reporting purposes from individuals and companies who do business with the County (including
social security numbers if used by the individual or company for tax reporting purposes). Florida Statute
119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be
used for no other purpose than herein stated. Please complete all information that applies to your business and
return with your quote or proposal.
1. General Information (provide all information)
Taxpayer Name
_Corporation
(as shown on income tax return)
_Tax Exempt (Federal income tax - exempt entity
Business Name
under Internal Revenue Service guidelines IRC
(if different from taxpayer name)
501 (c) 3)
Address City
State Zip
Telephone FAX Email
Order Information
Remit / Payment Information
Address
Address
City State Zip
City State Zip
FAX
FAX
Email
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)
(Consultants 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, l certify that the information shown on this form is correct to
my knowledge.
Signature Date
Title Phone Number
14 -6257 — Engineering Services for
Doctors Pass Jetty
32
Packet Page -793-
6/24/2014 16.A.18.
t ;0*16r county
Administrative Services Division
Purchasing
Attachment 7: Insurance and Bonding Requirements
Insurance ! 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
3. ® Commercial General
Liability (Occurrence Form)
patterned after the current
ISO form
$500,000 single limit per occurrence
Bodily Injury and Property Damage
$1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury
Liability and Property Damage Liability. This shall include Premises and
Operations; Independent Contractors; Products and Completed Operations
and Contractual Liability.
4. ® Indemnification To the maximum extent permitted by Florida law, the
ContractorNendor /Consultant shall indemnify and hold harmless Collier
County, its officers and employees from any and all liabilities, damages,
losses and costs, including, but not limited to, reasonable attorneys' fees and
paralegals' fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone
employed or utilized by the ContractorNendor /Consultant in the performance
of this Agreement. This indemnification obligation shall not be construed to
negate, abridge or reduce any other rights or remedies which otherwise may
be available to an indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence
of Collier County.
4. Automobile Liability $ 1,000,000 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.
❑ Pollution
$ Per Occurrence
$ Per Occurrence
® Professional Liability $1,000,000 per claim and in
the aggregate
• $1,000,000 per claim and in the aggregate
14 -6257 — Engineering Services for
Doctors Pass Jetty
33
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6/24/2014 16.A.18.
• $2,000,000 per claim and in the aggregate
❑ Project Professional Liability $ Per Occurrence
❑ Valuable Papers Insurance $ Per Occurrence
6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds,
cashiers' check or an irrevocable letter of credit, a cash bond posted with the
County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All
checks shall be made payable to the Collier County Board of County
Commissioners on a bank or trust company located in the State of Florida and
insured by the Federal Deposit Insurance Corporation.
7. ❑ Performance and For projects in excess of $200,000, bonds shall be submitted with the
Payment Bonds executed contract by Proposers receiving award, and written for 100% of the
Contract award amount, the cost borne by the Proposer receiving an award.
The Performance and Payment Bonds shall be underwritten by a surety
authorized to do business in the State of Florida and otherwise acceptable to
Owner; provided, however, the surety shall be rated as "A -" or better as to
general policy holders rating and Class V or higher rating as to financial size
category and the amount required shall not exceed 5% of the reported policy
holders' surplus, all as reported in the most current Best Key Rating Guide,
published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New
York 10038.
8. ® Consultant shall ensure that all subcontractors comply with the same insurance requirements that he is
required to meet. The same Consultant 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.
Consultant'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
Consultant
Signature
Print Name
Insurance Agency
Agent Name
Packet Page -795-
Date
Telephone Number
14 -6257 — Engineering Services for
Doctors Pass Jetty
34
Cofer county
Adrrrinistrabve Ser ices Division
Purchasing
Attachment 8: Reference Questionnaire
Solicitation: 14 -6257 — Engineering services for Doctors Pass Jetty
Reference Questionnaire for:
(Name of Company Requesting Reference Information)
(Name of Individuals Requesting Reference Information)
Name: Company:
(Evaluator completing reference questionnaire)
Email: FAX:
6/24/2014 16.A.18.
(Evaluator's Company completing reference)
Telephone:
Collier County is implementing a process that collects reference information on firms and their key personnel to be used in
the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a
client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of
your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm /individual
again) and 1 representing that you were very unsatisfied (and would never hire the firm /indivdival again). If you do not
have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0."
Project Description:
Project Budget:
Completion Date:
Project Number of Days:
Item
Crteria
Score
1
Ability to manage the project costs (minimize change orders to scope).
2
Ability to maintain project schedule (complete on -time or early).
3
Quality of work.
4
Quality of consultative advice provided on the project.
5
Professionalism and ability to manage personnel.
6
Project administration (completed documents, final invoice, final product turnover;
invoices; manuals or going forward documentation, etc.)
7
Ability to verbally communicate and document information clearly and succinctly.
8
Abiltity to manage risks and unexpected project circumstances.
9
Ability to follow contract documents, policies, procedures, rules, regulations, etc.
10
Overall comfort level with hiring the company in the future (customer satisfaction).
TOTAL SCORE OF ALL ITEMS
Please FAX this completed survey to:
Packet Page -796-
By
14 -6257 — Engineering Services for
Doctors Pass Jetty
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System for Award Management
HUMISTON & MOORE ENGINEERS, P.A. 5679 STRAND Cr
DUNS: 845385905 CAGE Code: 6U8Y5 NAPLES, FL, 34110-3336,
Status: Active UNITED STATES
Entity Overview
-- _Y__ -- Entity Information
Name: HUMISION & MOORE ENGINEERS, P.A.
Business Type: Business or Organization
POC Name: Celia Fellows
Registration Status: Active
Activation Date: 01/24/2014
Expiration Date: 01 /24/2015
SAM I System for Awerd Management 1.0 IBM v1.1725.20140509 -1810
WWW1
Note to all Users: This is a Federal Government computer system. Use of this
system constitutes consent to monitoring at all times.
Page I of 1
6/24/2014 16.A.18.
Packet Page -798-
https: / /www.sam.c,ov/ portal / public /SAM/? portal:componentld= 7cbf'8635 -61 f6 -41 ff- bfb6 -2f... 6/5/2014
6/24/2014 16.A.18.
Y
Company ID Number: 369896
THE E- VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION
MEMORANDUM OF UNDERSTANDING
ARTICLE I
PURPOSE AND AUTHORITY
This Memorandum of Understanding (MOU) sets forth the points of agreement between the
Department of Homeland Security (DHS) and Humiston and Moore Engineers P.A. (Employer)
regarding the Employer's participation in the Employment Eligibility Verification Program (E-
Verify). This MOU explains certain features of the E- Verify program and enumerates specific
responsibilities of DHS, the Social Security Administration (SSA), and the Employer. E- Verify is
a program that electronically confirms an employee's eligibility to work in the United States after
completion of the Employment Eligibility Verification Form (Form 1 -9). For covered government
contractors, E- Verify is used to verify the employment eligibility of all newly hired employees and
all existing employees assigned to Federal contracts or to verify the entire workforce if the
contractor so chooses.
Authority for the E- Verify program is found in Title IV, Subtitle A, of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (11RIRA), Pub. L. 104 -208, 110 Stat. 3009, as
amended (8 U.S.C. § 1324a note). Authority for use of the E- Verify program by Federal
contractors and subcontractors covered by the terms of Subpart 22.18, "Employment Eligibility
Verification ", of the Federal Acquisition Regulation (FAR) (hereinafter referred to in this MOU as
a "Federal contractor with the FAR E- Verify clause ") to verify the employment eligibility of
certain employees working on Federal contracts is also found In Subpart 22.18 and in Executive
Order 12989, as amended.
ARTICLE II
FUNCTIONS TO BE PERFORMED
A. RESPONSIBILITIES OF SSA
1. SSA agrees to provide the Employer with available information that allows the Employer to
confirm the accuracy of Social Security Numbers provided by all employees verified under this
MOU and the employment authorization of U.S. citizens.
2. SSA agrees to provide to the Employer appropriate assistance with operational problems that
may arise during the Employer's participation in the E- Verify program. SSA agrees to provide
the Employer with names, titles, addresses, and telephone numbers of SSA representatives to
be contacted during the E- Verify process.
3. SSA agrees to safeguard the information provided by the Employer through the E- Verify
program procedures, and to limit access to such information, as is appropriate by law, to
individuals responsible for the verification of Social Security Numbers and for evaluation of the
E- Verify program or such other persons or entities who may authorized by SSA as governed
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by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA
regulations (20 CFR Part 401).
4. SSA agrees to provide a means of automated verification that is designed (in conjunction with
DHS's automated system if necessary) to provide confirmation or tentative nonconfirmation of
U.S. citizens' employment eligibility within 3 Federal Government work days of the initial inquiry.
5. SSA agrees to provide a means of secondary verification (including updating SSA records as
may be necessary) for employees who contest SSA tentative nonconfirmations that is designed
to provide final confirmation or nonconfirmation of U.S, citizens' employment eligibility and
accuracy of SSA records for both citizens and non - citizens within 10 Federal Government work
days of the date of referral to SSA, unless SSA determines that more than 10 days may be
necessary. In such cases, SSA will provide additional verification instructions.
B. RESPONSIBILITIES OF DHS
1. After SSA verifies the accuracy of SSA records for employees through E- Verify, DHS agrees
to provide the Employer access to selected data from DHS's database to enable the Employer
to conduct, to the extent authorized by this MOU:
• Automated verification checks on employees by electronic means, and
• Photo verification checks (when available) on employees.
2. DHS agrees to provide to the Employer appropriate assistance with operational problems that
may arise during the Employer's participation in the E- Verify program. DHS agrees to provide
the Employer names, titles, addresses, and telephone numbers of DHS representatives to be
contacted during the E- Verify process.
3. DHS agrees to make available to the Employer at the E- Verify Web site and on the E- Verify
Web browser, instructional materials on E- Verify policies, procedures and requirements for both
SSA and DHS, including restrictions on the use of E- Verify. DHS agrees to provide training
materials on E- Verify.
4. DNS agrees to provide to the Employer a notice, which indicates the Employer's participation
in the E- Verify program. DHS also agrees to provide to the Employer anti - discrimination notices
issued by the Office of Special Counsel for Immigration - Related Unfair Employment Practices
(OSC), Civil Rights Division, U.S. Department of Justice.
5. DHS agrees to issue the Employer a user identification number and password that permits
the Employer to verify information provided by employees with DHS's database.
6. DHS agrees to safeguard the information provided to DHS by the Employer, and to limit
access to such information to individuals responsible for the verification of employees'
employment eligibility and for evaluation of the E- Verify program, or to such other persons or
entities as may be authorized by applicable law. Information will be used only to verify the
accuracy of Social Security Numbers and employment eligibility, to enforce the Immigration and
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Nationality Act (INA) and Federal criminal laws, and to administer Federal contracting
requirements.
7. DHS agrees to provide a means of automated verification that is designed (in conjunction
with SSA verification procedures) to provide confirmation or tentative nonconfirmation of
employees' employment eligibility within 3 Federal Government work days of the initial inquiry.
8. DHS agrees to provide a means of secondary verification (including updating DHS records as
may be necessary) for employees who contest DHS tentative nonconfirmations and photo non -
match tentative nonconfirmations that is designed to provide final confirmation or
nonconfirmation of the employees' employment eligibility within 10 Federal Government work
days of the date of referral to DHS, unless DHS determines that more than 10 days may be
necessary. In such cases, DHS will provide additional verification instructions.
C. RESPONSIBILITIES OF THE EMPLOYER
1. The Employer agrees to display the notices supplied by DHS in a prominent place that is
clearly visible to prospective employees and all employees who are to be verified through the
system.
2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and
telephone numbers of the Employer representatives to be contacted regarding E- Verify.
3. The Employer agrees to become familiar with and comply with the most recent version of the
E- Verify User Manual.
4. The Employer agrees that any Employer Representative who will perform employment
verification queries will complete the E- Verify Tutorial before that individual initiates any queries.
A. The Employer agrees that all Employer representatives will take the refresher tutorials
initiated by the E- Verify program as a condition of continued use of E- Verify.
B. Failure to complete a refresher tutorial will prevent the Employer from continued use
of the program.
5. The Employer agrees to comply with current Form 1 -9 procedures, with two exceptions:
• If an employee presents a "List B" identity document, the Employer agrees to only
accept ' List 13 documents that
contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be
presented during the Form 1 -9
process to establish identity.) If an employee objects to the photo requirement for
religious reasons, the Employer
should contact E- Verify at 888 - 464 -4218.
• If an employee presents a DHS Form 1 -551 (Permanent Resident Card) or Form 1 -766
(Employment Authorization Document) to complete the Form 1 -9, the Employer agrees to
make a photocopy of the document and to retain the photocopy with the employee's
Form 1 -9. The photocopy must be of sufficient quality to allow for verification of the photo
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and written information. The employer will use the photocopy to verify the photo and to
assist DHS with its review of photo non - matches that are contested by employees. Note
that employees retain the right to present any List A, or List B and List C, documentation
to complete the Form 1 -9. DHS may in the future designate other documents that
activate the photo screening tool.
6. The Employer understands that participation in E- Verify does not exempt the Employer from
the responsibility to complete, retain, and make available for inspection Forms 1 -9 that relate to
its employees, or from other requirements of applicable regulations or laws, including the
obligation to comply with the antidiscrimination requirements of section 274B of the INA with
respect to Form 1 -9 procedures, except for the following modified requirements applicable by
reason of the Employer's participation in E- Verify: (1) identity documents must have photos, as
described in paragraph 5 above; (2) a rebuttable presumption is established that the Employer
has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect
to the hiring of any individual if it obtains confirmation of the identity and employment eligibility of
the individual in good faith compliance with the terms and conditions of E- Verify; (3) the
Employer must notify DHS if it continues to employ any employee after receiving a final
nonconfirmation, and is subject to a civil money penalty between $550 and $1,100 for each
failure to notify DHS of continued employment following a final nonconfirmation; (4) the
Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized
alien in violation of section 274A(a)(1)(A) if the Employer continues to employ an employee after
receiving a final nonconfirmation; and (5) no person or entity participating in E- Verify is civilly or
criminally liable under any law for any action taken in good faith based on Information provided
through the confirmation system. DHS reserves the right to conduct Form 1 -9 and E- Verify
system compliance inspections during the course of E- Verify, as well as to conduct any other
enforcement activity authorized by law.
7. The Employer agrees to initiate E- Verify verification procedures for new employees within 3
Employer business days after each employee has been hired (but after the Form 1 -9 has been
completed), and to complete as many (but only as many) steps of the E- Verify process as are
necessary according to the E- Verify User Manual, or in the case of Federal contractors with the
FAR E- Verify clause, the E- Verify User Manual for Federal Contractors. The Employer is
prohibited from initiating verification procedures before the employee has been hired and the
Form 1 -9 completed. If the automated system to be queried is temporarily unavailable, the 3 -day
time period is extended until it is again operational in order to accommodate the Employer's
attempting, in good faith, to make inquiries during the period of unavailability. Employers may
initiate verification by notating the Form 1 -9 in circumstances where the employee has applied
for a Social Security Number (SSN) from the SSA and is waiting to receive the SSN, provided
that the Employer performs an E- Verify employment verification query using the employee's
SSN as soon as the SSN becomes available.
8. The Employer agrees not to use E- Verify procedures for pre - employment screening of job
applicants, in support of any unlawful employment practice, or for any other use not authorized
by this MOU. Employers must use E- Verify for all new employees, unless an Employer is a
Federal contractor that qualifies for the exceptions described in Article Ii.D.1.c. Except as
provided in Article II.D, the Employer will not verify selectively and will not verify employees
hired before the effective date of this MOU. The Employer understands that if the Employer
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uses the E- Verify system for any purpose other than as authorized by this MOU, the Employer
may be subject to appropriate legal action and termination of its access to SSA and DHS
information pursuant to this MOU.
9. The Employer agrees to follow appropriate procedures (see Article Ill. below) regarding
tentative nonconfirmations, including notifying employees in private of the finding and providing
them written notice of the findings, providing written referral instructions to employees, allowing
employees to contest the finding, and not taking adverse action against employees if they
choose to contest the finding. Further, when employees contest a tentative nonconfirmation
based upon a photo non - match, the Employer is required to take affirmative steps (see Article
III.B. below) to contact DHS with information necessary to resolve the challenge.
10. The Employer agrees not to take any adverse action against an employee based upon the
employee's perceived employment eligibility status while SSA or DHS is processing the
verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(1))
that the. employee is not work authorized. The Employer understands that an initial inability of
the SSA or DHS automated verification system to verify work authorization, a tentative
nonconfirmation, a case in continuance (indicating the need for additional time for the
government to resolve a case), or the finding of a photo non - match, does not establish, and
should not be interpreted as evidence, that the employee is not work authorized. In any of the
cases listed above, the employee must be provided a full and fair opportunity to contest the
finding, and if he or she does so, the employee may not be terminated or suffer any adverse
employment consequences based upon the employee's perceived employment eligibility status
(including denying, reducing, or extending work hours, delaying or preventing training, requiring
an employee to work in poorer conditions, refusing to assign the employee to a Federal contract
or other assignment, or otherwise subjecting an employee to any assumption that he or she is
unauthorized to work) until and unless secondary verification by SSA or DHS has been
completed and a final nonconfirmation has been issued. If the employee does not choose to
contest a tentative nonconfirmation or a photo non -match or if a secondary verification is
completed and a final nonconfirmation is issued, then the Employer can find the employee is not
work authorized and terminate the employee's employment. Employers or employees with
questions about a final nonconfirmation may call E- Verify at 1 -888- 464 -4218 or OSC at 1 -800-
255 -8155 or 1 -800- 237 -2515 JDD).
11. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section
274B of the INA, as applicable, by not discriminating unlawfully against any individual in hiring,
firing, or recruitment or referral practices because of his or her national origin or, in the case of a
protected individual as defined in section 27413(a)(3) of the INA, because of his or her
citizenship status. The Employer understands that such illegal practices can include selective
verification or use of E- Verify except as provided in part D below, or discharging or refusing to
hire employees because they appear or sound "foreign" or have received tentative
non confirmations. The Employer further understands that any violation of the unfair immigration -
related employment practices provisions in section 274E of the INA could subject the Employer
to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject
the Employer to back pay awards, compensatory and punitive damages. Violations of either
section 2748 of the INA or Title VII may also lead to the termination of its participation in E-
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Verify. If the Employer has any questions relating to the anti - discrimination provision, it should
contact OSC at 1- 800 -255 -8155 or 1- 800 - 237 -2515 (TDD).
12. The Employer agrees to record the case verification number on the employee's Form 1 -9 or
to print the screen containing the case verification number and attach it to the employee's Form
1 -9.
13. The Employer agrees that it will use the information it receives from SSA or DHS pursuant
to E- Verify and this MOU only to confirm the employment eligibility of employees as authorized
by this MOU. The Employer agrees that it will safeguard this information, and means of access
to it (such as PINS and passwords) to ensure that it is not used for any other purpose and as
necessary to protect its confidentiality, including ensuring that it is not disseminated to any
person other than employees of the Employer who are authorized to perform the Employer's
responsibilities under this MOU, except for such dissemination as may be authorized in advance
by SSA or DHS for legitimate purposes.
14. The Employer acknowledges that the information which it receives from SSA is governed by
the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)),
and that any person who obtains this information under false pretenses or uses it for any
purpose other than as provided for in this MOU may be subject to criminal penalties.
15. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and
evaluation of E- Verify, including by permitting DHS and SSA, upon reasonable notice, to review
Forms 1 -9 and other employment records and to interview it and its employees regarding the
Employer's use of E- Verify, and to respond in a timely and accurate manner to DHS requests
for information relating to their participation in E- Verify.
D. RESPONSIBILITIES OF FEDERAL CONTRACTORS WITH THE FAR E- VERIFY CLAUSE
1. The Employer understands that if It is a subject to the employment verification terms
in Subpart 22.18 of the FAR, it must verify the employment eligibility of any existing employee
assigned to the contract and all new hires, as discussed in the Supplemental Guide for Federal
Contractors. Once an employee has been verified through E- Verify by the Employer, the
Employer may not reverify the employee through E- Verify.
a. Federal contractors with the FAR E- Verify clause agree to become familiar with and
comply with the most recent versions of the E- Verify User Manual for Federal Contractors and
the E- Verify Supplemental Guide for Federal Contractors.
b. Federal contractors with the FAR E- Verify clause agree to complete a tutorial for
Federal contractors with the FAR E- Verify clause.
c. Federal contractors with the FAR E- Verify clause not enrolled at the time of contract
award: An Employer that is not enrolled in E- Verify at the time of a contract award must enroll
as a Federal contractor with the FAR E- Verify clause in E- Verify within 30 calendar days of
contract award and, within 90 days of enrollment, begin to use E- Verify to initiate verification of
employment eligibility of new hires of the Employer who are working in the United States,
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whether or not assigned to the contract. Once the Employer begins verifying new hires, such
verification of new hires must be Initiated within 3 business days after the date of hire. Once
enrolled in E- Verify as a Federal contractor with the FAR E- Verify clause, the Employer must
initiate verification of employees assigned to the contract within 90 calendar days from the time
of enrollment in the system and after the date and selecting which employees will be verified in
E- Verify or within 30 days of an employee's assignment to the contract, whichever date is later.
d. Employers that are already enrolled in E- Verify at the time of a contract award but are
not enrolled in the system as a Federal contractor with the FAR E- Verify clause: Employers
enrolled in E- Verify for 90 days or more at the time of a contract award must use E- Verify to
initiate verification of employment eligibility for new hires of the Employer who are working in the
United States, whether or not assigned to the contract, within 3 business days after the date of
hire. Employers enrolled in E- Verify as other than a Federal contractor with the FAR E- Verify
clause, must update E- Verify to indicate that they are a Federal contractor with the FAR E-
Verify clause within 30 days after assignment to the contract. If the Employer is enrolled in E-
Verify for 90 calendar days or less at the time of contract award, the Employer must, within 90
days of enrollment, begin to use E- Verify to initiate verification of new hires of the contractor
who are working in the United States, whether or not assigned to the contract. Such verification
of new hires must be initiated within 3 business days after the date of hire. An Employer
enrolled as a Federal contractor with the FAR E- Verify clause in E- Verify must initiate
verification of each employee assigned to the contract within 90 calendar days after date of
contract award or within 30 days after assignment to the contract, whichever is later.
e. Institutions of higher education, State, local and tribal governments and sureties:
Federal contractors with the FAR E- Verify clause that are institutions of higher education (as
defined at 20 U.S.C. 1001(a)), State or local governments, governments of Federally recognized
Indian tribes, or sureties performing under a takeover agreement entered into with a Federal
agency pursuant to a performance bond may choose to only verify new and existing employees
assigned to the Federal contract. Such Federal contractors with the FAR E- Verify clause may,
however, elect to verify all new hires, and /or all existing employees hired after November 6,
1986. The provisions of Article II.D, paragraphs 1.a and 1.b of this MOU providing timeframes
for initiating employment verification of employees assigned to a contract apply to such
institutions of higher education, State, local and tribal governments, and sureties.
f. Verification of all employees: Upon enrollment, Employers who are Federal contractors
with the FAR E- Verify clause may elect to verify employment eligibility of all existing employees
working in the United States who were hired after November 6, 1986, instead of verifying only
new employees and those existing employees assigned to a covered Federal contract. After
enrollment, Employers must elect to do so only in the manner designated by DHS and initiate E-
Verify verification of all existing employees within 180 days after the election.
g. Form 1 -9 procedures for existing employees of Federal contractors with the FAR E-
Verify clause: Federal contractors with the FAR E- Verify clause may choose to complete new
Forms 1 -9 for all existing employees other than those that are completely exempt from this
process. Federal contractors with the FAR E- Verify clause may also update previously
completed Forms 1 -9 to initiate E- Verify verification of existing employees who are not
completely exempt as long as that Form 1 -9 is complete (including the SSN), complies with
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Article II.C.5, the employee's work authorization has not expired, and the Employer has
reviewed the information reflected in the Form 1 -9 either in person or in communications with the
employee to ensure that the employee's stated basis in section 1 of the Form 1 -9 for work
authorization has not changed (including, but not limited to, a lawful permanent resident alien
having become a naturalized U.S. citizen). If the Employer is unable to determine that the Form
1 -9 complies with Article II.C.5, if the employee's basis for work authorization as attested in
section 1 has expired or changed, or if the Form 1 -9 contains no SSN or is otherwise incomplete,
the Employer shall complete a new 1 -9 consistent with Article II.C.5, or update the previous 1 -9
to provide the necessary information. If section 1 of the Form 1 -9 is otherwise valid and up -to-
date and the form otherwise complies with Article II.C.5, but reflects documentation (such as a
U.S. passport or Form 1 -551) that expired subsequent to completion of the Form 1 -9, the
Employer shall not require the production of additional documentation, or use the photo
screening tool described in Article II.C.5, subject to any additional or superseding instructions
that may be provided on this subject in the Supplemental Guide for Federal Contractors.
Nothing in this section shall be construed to require a second verification using E- Verify of any
assigned employee who has previously been verified as a newly hired employee under this
MOU, or to authorize verification of any existing employee by any Employer that is not a Federal
contractor with the FAR E- Verify clause.
2. The Employer understands that if it is a Federal contractor with the FAR E- Verify clause, its
compliance with this MOU is a performance requirement under the terms of the Federal
contract or subcontract, and the Employer consents to the release of information relating to
compliance with its verification responsibilities under this MOU to contracting officers or other
officials authorized to review the Employer's compliance with Federal contracting requirements.
ARTICLE III
REFERRAL OF INDIVIDUALS TO SSA AND DHS
A. REFERRAL TO SSA
1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print
the notice as directed by the E- Verify system and provide it to the employee so that the
employee may determine whether he or she will contest the tentative nonconfirmation. The
Employer must review the tentative nonconfirmation with the employee in private.
2. The Employer will refer employees to SSA field offices only as directed by the automated
system based on a tentative nonconfirmation, and only after the Employer records the case
verification number, reviews the input to detect any transaction errors, and determines that the
employee contests the tentative nonconfirmation. The Employer will transmit the Social Security
Number to SSA for verification again if this review indicates a need to do so. The Employer will
determine whether the employee contests the tentative nonconfirmation as soon as possible
after the Employer receives it.
3. If the employee contests an SSA tentative nonconfirmation, the Employer will provide the
employee with a system - generated referral letter and instruct the employee to visit an SSA
office within 8 Federal Government work days. SSA will electronically transmit the result of the
referral to the Employer within 10 Federal Government work days of the referral unless it
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determines that more than 10 days is necessary. The Employer agrees to check the E- Verify
system regularly for case updates.
4. The Employer agrees not to ask the employee to obtain a printout from the Social Security
Number database (the Numident) or other written verification of the Social Security Number
from the SSA.
B. REFERRAL TO DHS
1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must print
the tentative nonconfirmation notice as directed by the E- Verify system and provide it to the
employee so that the employee may determine whether he or she will contest the tentative
nonconfirmation. The Employer must review the tentative nonconfirmation with the employee in
private.
2. If the Employer finds a photo non -match for an employee who provides a document for which
the automated system has transmitted a photo, the employer must print the photo non -match
tentative nonconfirmation notice as directed by the automated system and provide it to the
employee so that the employee may determine whether he or she will contest the finding. The
Employer must review the tentative nonconfirmation with the employee in private.
3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest
a tentative nonconfirmation received from DHS automated verification process or when the
Employer issues a tentative nonconfirmation based upon a photo non - match. The Employer will
determine whether the employee contests the tentative nonconfirmation as soon as possible
after the Employer receives It.
4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will
provide the employee with a referral letter and instruct the employee to contact DHS through its
toll -free hotline (as found on the referral letter) within 8 Federal Government work days.
5. If the employee contests a tentative nonconfirmation based upon a photo non- match, the
Employer will provide the employee with a referral letter to DHS. DHS will electronically transmit
the result of the referral to the Employer within 10 Federal Government work days of the referral
unless it determines that more than 10 days is necessary. The Employer agrees to check the E-
Verify system regularly for case updates.
6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a
photo non - match, the Employer will send a copy of the employee's Form 1 -551 or Form 1 -766 to
DHS for review by:
• Scanning and uploading the document, or
• Sending a photocopy of the document by an express mail account (paid for at
employer expense).
7. If the Employer determines that there is a photo non -match when comparing the photocopied
List B document described in Article II.C.5 with the image generated in E- Verify, the Employer
must forward the employee's documentation to DHS using one of the means described in the
preceding paragraph, and allow DHS to resolve the case.
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ARTICLE IV
SERVICE PROVISIONS
SSA and DHS will not charge the Employer for verification services performed under this MOU.
The Employer is responsible for providing equipment needed to make inquiries. To access E-
Verify, an Employer will need a personal computer with Internet access.
ARTICLE V
PARTIES
A. This MOU is effective upon the signature of all parties, and shall continue in effect for as long
as the SSA and DHS conduct the E- Verify program unless modified in writing by the mutual
consent of all parties, or terminated by any party upon 30 days prior written notice to the others.
Any and all system enhancements to the E- Verify program by DHS or SSA, including but not
limited to the E- Verify checking against additional data sources and instituting new verification
procedures, will be covered under this MOU and will not cause the need for a supplemental
MOU that outlines these changes. DHS agrees to train employers on all changes made to E-
Verify through the use of mandatory refresher tutorials and updates to the E- Verify User
Manual, the E- Verify User Manual for Federal Contractors or the E- Verify Supplemental Guide
for Federal Contractors. Even without changes to E- Verify, DHS reserves the right to require
employers to take mandatory refresher tutorials. An Employer that is a Federal contractor with
the FAR E- Verify clause may terminate this MOU when the Federal contract that requires its
participation in E- Verify is terminated or completed. In such a circumstance, the Federal
contractor with the FAR E- Verify clause must provide written notice to DHS. If an Employer that
is a Federal contractor with the FAR E- Verify clause fails to provide such notice, that Employer
will remain a participant in the E- Verify program, will remain bound by the terms of this MOU
that apply to participants that are not Federal contractors with the FAR E- Verify clause, and will
be required to use the E- Verify procedures to verify the employment eligibility of all newly hired
employees.
B. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU if deemed
necessary because of the requirements of law or policy, or upon a determination by SSA or
DNS that there has been a breach of system integrity or security by the Employer, or a failure
on the part of the Employer to comply with established procedures or legal requirements. The
Employer understands that if it is a Federal contractor with the FAR E- Verify clause, termination
of this MOU by any party for any reason may negatively affect its performance of its contractual
responsibilities.
C. Some or all SSA and DNS responsibilities under this MOU may be performed by
contractor(s), and SSA and DHS may adjust verification responsibilities between each other as
they may determine necessary. By separate agreement with DHS, SSA has agreed to perform
its responsibilities as described in this MOU.
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D. Nothing in this MOU is intended, or should be construed, to create any right or benefit,
substantive or procedural, enforceable at law by any third party against the United States, its
agencies, officers, or employees, or against the Employer, its agents, officers, or employees.
E. Each party shall be solely responsible for defending any claim or action against it arising out
of or related to E- Verify or this MOU, whether civil or criminal, and for any liability wherefrom,
including (but not limited to) any dispute between the Employer and any other person or entity
regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by
the Employer.
F. The Employer understands that the fact of its participation in E- Verify is not confidential
information and may be disclosed as authorized or required by law and DHS or SSA policy,
including but not limited to, Congressional oversight, E- Verify publicity and media inquiries,
determinations of compliance with Federal contractual requirements, and responses to inquiries
under the Freedom of Information Act (FOIA).
G. The foregoing constitutes the full agreement on this subject between DHS and the Employer.
H. The individuals whose signatures appear below represent that they are authorized to enter
into this MOU on behalf of the Employer and DHS respectively.
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