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Agenda 10/22/2013 Item #16D 6 10/22/2013 16.D.6. EXECUTIVE SUMMARY Recommendation to award Invitation to Bid (ITB) 13-6098R for Temporary personnel to Alpha 1 Staffing / Search Firm LLC, and authorize the Chairwoman to sign a county attorney approved contract. OBJECTIVE: To obtain temporary personnel to provide technical project oversight of grant funded construction and rehabilitation to ensure cost reasonableness and grant compliance. CONSIDERATIONS: Housing, Human and Veteran Services (HHVS) has identified the need to contract for professional services to augment County Staff on an "as needed" basis to provide specialized services as it relates to construction inspection, cost estimation, and contract review allowing the department to ensure that costs are reasonable. On July 24, 2013, the Purchasing Department solicited proposals from temporary personnel companies; this solicitation included grant requirements, and therefore, the County's Local vendor preference policy was excluded. A total of 248 notices were sent out electronically with 33 companies downloading the solicitation packet. A total of three (3) qualified bidders responded, with one (1) additional non-responsive bidder. A bid tabulation sheet is attached for review. ITB 13-6098R Temporary Personnel includes an overhead pricing system that will provide the necessary services to County departments. Bidders were asked to bid fixed markup rates that would be applied to the actual pay rate for each temporary employee they provide. Staff reviewed the bids and found the two lowest and most responsive bids were from A & Associates and Alpha 1 Staffing/Search Firm LLC as shown below. Category of Work A&Associates Alpha 1 Staffing/Search Firm LLC Contract Review 25% 30% Construction Cost Estimator 25% 30% Customer Service Clerk _ 25% 28% Senior Field Inspector 25% 30% Construction Inspector 25% 31% As noted above A & Associates was the lowest bidder, however during a review of the vendor it was noted that they have an outstanding Federal Tax lien. After a consultation with the Department of Housing and Urban Development (HUD) Technical Assistance advisor for HHVS it was recommended that the County not award the contract based on the fact that the funds that would be obligated for this contract are from federal grant awards. Staff recommend that the Board awards a contract with Alpha 1 Staffing/ Search Firm LLC will be effective as of October 22, 2013. Packet Page-1114- 10/22/2013 16.D.6. FISCAL IMPACT: The expenses to be incurred by HHVS is estimated to be approximately $50,000 annually. Funds are budgeted in the respective grant fund cost centers. Other departments may use these services and funding is available in operating budgets. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board action. -JAB GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of Collier County Commissioners: (1) approves the award of ITB 13-6098R Temporary Personnel to Alpha 1 Staffing/ Search Firm LLC and (2) authorizes the Chairman to execute the attached contract with the vendor to be effective as of October 22, 2013, after review by the County Attorney's Office. Prepared By: Geoffrey Magon, Grant Coordinator, Housing,Human & Veteran Services. Packet Page-1115- 10/22/2013 16.D.6. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.6. Item Summary: Recommendation to award Invitation to Bid (ITB) 13-6098R for Temporary personnel to Alpha 1 Staffing/Search Firm LLC, and authorize the Chairwoman to sign and execute a county attorney approved contract. Meeting Date: 10/22/2013 Prepared By Name: MagonGeoffrey Title: Grants Coordinator 9/27/2013 11:41:00 AM Approved By Name: KaseeskaMillie Date: 9/27/2013 1:44:18 PM Name: SonntagKristi Date: 9/27/2013 5:24:23 PM Name: JohnsonScott Title: Purchasing Agent,Purchasing&General Services Date: 9/30/2013 4:07:14 PM Name: AlonsoHailey Title: Operations Analyst,Public Service Division Date: 9/30/2013 4:15:57 PM Name: MarkiewiczJoanne Title: Manager-Purchasing Acquisition,Purchasing&Gene Date: 10/3/2013 6:51:35 AM Name: KushiEdmond Date: 10/3/2013 11:34:20 AM Name: WardKelsey Title:Manager-Contracts Administration,Purchasing&Ge Packet Page-1116- 10/22/2013 16.D.6. Date: 10/3/2013 12:23:12 PM Name: GrantKimberley Title: Interim Director Date: 10/7/2013 1:37:02 PM Name: CarnellSteve Title: Purchasing/General Services Director Date: 10/8/2013 11:21:47 AM Name: BelpedioJennifer Title: Assistant County Attorney,County Attorney Date: 10/9/2013 4:39:47 PM Name: RobinsonErica Date: 10/14/2013 11:28:24 AM Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 10/14/2013 4:09:16 PM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 10/14/2013 4:22:09 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 10/14/2013 5:04:11 PM Name: KlatzkowJeff Title: County Attorney Date: 10/15/2013 10:29:25 AM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 10/15/2013 11:23:46 AM Packet Page-1117- 10/22/2013 16.D.6. co ma M rsi -b i-) i ci, aa) Z Z Z Z Z Z Z Z Z Z >- >- >- >- >- >- • 0 Q) q N 1) > > > > a) > o.LL � 'N N 3 < c c c c C C • p = O O O O p a E O al W C) CD y CD LL N CL CL CL cf) N N n' N 0 0 = ay wcC � U a� e[ ,..) -- C C C C C C O CO OoWU) ZZZZ c • Z -. ■ .a 0 0 >- >- >- } >- } } } } r } Z >- } Z >- 6) O) 0) 0) p) U C LL P E C @ o e o 0 0 > - >- >- >- >- >- U M M N M M c a) LL co U a- D)J ki O C J E a 0 is_L. 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AGREEMENT 13-6098R for Temporary Personnel (Grant Related) THIS AGREEMENT, made and entered into on this day of 2013, by and between Alphal Staffing/Search Firm LLC, authorized to do business in the State of Florida, whose business address is 3350 SW 148th Ave., Ste 110 Miramar, Fl 33027 (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. CONTRACT TERM. The contract shall be for a two (2) year period, commencing on the date of Board award and terminating two (2) years from that date. The Contractor shall commence the work upon issuance of a Purchase order. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten(10) days prior the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall provide Temporary Personnel in accordance with the terms and conditions of Bid #13-6098R and the Contractor's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties ' and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County Project or Contract Manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION. The County shall pay the Contractor for the performance of this Agreement pursuant to the Fee Schedule, Exhibit A, attached herein and incorporated by reference. Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager or his designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". Proper invoices must include, but not be limited to: a. The department that the worker is assigned and the Purchase Order Number; b. The name of the employee and associated billable hourly rate as listed in Exhibit A,; Page 1 of 9 Packet Page-1119- 10/22/2013 16.D.6. c. The number of hours worked by the employee during a date range (i.e. week, month, etc) and the project that was worked on,and, d. Total cost assessed to the County. 3.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of 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. 4. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Alphal Staffing/Search Firm LLC Attn: Garrie Harris 3350 SW 148th Ave Ste 110 Miramar, Florida 33027 Phone: 954-734-2744 Fax: 954-734-2828 Email: gharris@alphalstaffing.com All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Housing, Human and Veteran Services (HHVS) Attn: Kristi Sonntag 3339 East Tamiami Trail, Suite 211 Naples, Florida 34112 Phone: 239-252-2486 Fax: 239-252-6480 Email:kristisonntag @colliergov.net The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. Page 2 of 9 Packet Page-1120- i 10/22/2013 16.D.6. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 8. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Contract Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 10. NO DISCRIMINATION.The Contractor agrees that there shall be no discrimination as to race, sex, color,creed or national origin. 11. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Page 3 of 9 GQ, Packet Page -1121- 10/22/2013 16.D.6. Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. D. Employment Practices Liability: Shall be maintained by the Contractor. Such insurance shall have limits of not less than $1,000,000 per claim and in the aggregate. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: ten (10) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty- four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be Page 4 of 9 Packet Page 4122- 10/22/2013 16.D.6. 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. 12.1 The duty to defend under this Article 12 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 12 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Housing. Human and Veteran Services Department. 14. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the following component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, Bid#13-6098R Specifications/Scope of Services, Addenda, Exhibit A-Fee Schedule, and all Grantor Agency requirements as listed in the Solicitation. 16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 17. 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, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; 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. Page 5 of 9 Packet Page-1123- 10/22/2013 16.D.6. 18. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety and the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(d) and (3)). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is 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 Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 21. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract in compliance with the Purchasing Policy. 22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 23. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate Page 6 of 9 GA Packet Page-1124- 10/22/2013 16.D.6. federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 24. STAFFING: The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the contract. 25. ORDER OF PRECEDENCE: In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the ITB and/or the Contractor's Proposal, the Contract Documents shall take precedence. 26. ASSIGNMENT: Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. *********************************Remainder of page intentionally left blank*********************************** .nom Page 7 of 9 CP Packet Page-1125- 10/22/2013 16.D.6. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively,by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. Brock,Clerk of Courts By: By: Georgia A. Hiller, Esq., Chairwoman Dated: (SEAL) Contractor: Alphal Staffing/Search Firm, LLC By: First Witness Signature TType/print witness namel' TType/print signature and titleT Second Witness TType/print witness nameT A roved as to Form and Legal PP g � 41 Assistant County Attorney Print Name Page8of9 10 Packet Page -1126- 10/22/2013 16.D.6. EXHIBIT A FEE SCHEDULE 13-6098R Temporary Personnel (Grant Related) Contractor shall provide personnel according to the following categories and employee hourly pay rates described below*: Category 1: Contract Spec Writer (Employee Hourly Billable Rate: $20.87- $28.70) Category 2: Construction Cost Estimator (Employee Hourly Billable Rate: $20.70-$32.03) Category 3: Customer Service Clerk (Employee Hourly Billable Rate: $15.10-$25.09) Category 4: Senior Field Inspector (Employee Hourly Billable Rate: $34.87- $45.12) Category 5: Construction Inspector (Employee Hourly Billable Rate: $28.62- $37.05) *Pricing ranges for all Categories of Service include the applicable markup percentage. The Contractor will provide the HHVS Department with a quote for each person assigned that includes a resume, brief description of assignment, the category selected, the employee hourly rate and the Contractor's mark-up of respective wage. "Resume" shall be defined as follows: A short, descriptive summary of employee's skill, expertise and/or knowledge which demonstrates the capacity to perform the work. Page 9 of 9 Packet Page -1127- 10/22/2013 16.D.6. CoiPierr County Administrative Services Division Purchasing INVITATION TO BID Date: July 24, 2013 From: Millie Kaseeska, Purchasing Strategist (239) 252-8935 (Telephone) (239) 252-6756 (FAX) MillieKaseeska @colliergov.net (Email) To: Prospective Vendors Subject: Solicitation: ITB 13-6098R "Temporary Personnel" (Grant Related) As requested by the Housing, Human and Veteran Services Department of the Public Services Division, the Collier County Board of County Commissioners Purchasing Department has issued this ITB for the purpose of obtaining fair and competitive responses. Please refer to the Legal Notice included in this document for the opening date and time and any applicable pre-ITB conference. All questions regarding this ITB must be submitted online on the Collier County Purchasing Department E-Procurement website: www.colliergov.net/bid. All responses to questions will be posted on the website with electronic notification to all prospective vendors. We look forward to your participation in Collier County's competitive procurement process. Note: All ITB responses submitted must include one original labeled MASTER, along with one exact duplicate copy, including all required forms. `iLl/Rk fn . Purth ing Department•3327 Tamiami Trail East•Naples,Florida 34112-4901•www.colliergov.net/purchasing ITB 13-6098R 1 Temporary Personnel Packet Page -1128- 10/22/2013 16.D.6. Invitation to Bid Index Legal Advertisement 3 Exhibit I: Scope of Work, Specifications and Response Format 4 Exhibit la: Grant Requirements 9 Exhibit lb: Grant Forms 22 Exhibit III: Standard Purchase Order Terms and Conditions 27 Exhibit IV: Additional ITB Terms and Conditions 30 Attachment 1: Vendor Submittal—Vendor's Non Response Statement 35 Attachment 2: Vendor's Check List 36 Attachment 3: Vendor Submittal- Bid Response Form 37 Attachment 4: not used 39 Attachment 5: Vendor Submittal—Immigration Affidavit 39 Attachment 7: Vendor Submittal - Insurance and Bonding Requirements 41 Attachment 8: Reference Questionnaire 43 Attachment 9: Affidavit and Certification for Claiming Status as Section 3 Business 44 ITS 13-6098R 2 Temporary Personnel Packet Page-1129- 10/22/2013 16.D.6. Legal Advertisement Collier County hereby advertises on July 24,2013,Solicitation 13-6098R Temporary Personnel(Grant Related). All sealed bids are to be received no later than August 6,2013, 12:00 Noon Naples local time. Funding for this project is provided in part by the Department of Housing Urban Development(HUD)and as such, Small,Minority,Women,and Section 3 businesses are encouraged to submit a bid. The work to be performed under this contract is subject to all of the Granting Agency's requirements, and the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended 12 U.S.C. 1701u(section 3). The purpose of Section 3 is to ensure employment and other economic opportunities generated by HUD—assisted project covered by Section 3, shall to the greatest extent feasible,be directed to low—very low income persons,particularly persons who are recipients of HUD assistance for housing. This is a HUD Section 3 construction contract. A preference is available and shall be given to a proposer who is a qualified Section 3 Business Concerns per the County's Section 3 Preference Policy, and as outlined in the specifications. For further information on becoming registered as a Section 3 business visit: http://wvvw.colliergov.net/Index.aspx?page=3269. This Legal Advertisement was posted on the Collier County Purchasing Department website: www.colliergov.net/purchasing and in the Lobby of Collier County Government,Purchasing Department, 3327 Tamiami Trail E,Naples,FL 34112 on July 24,2013. ITB 13-6098R 3 Temporary Personnel Packet Page-1130- 10/22/2013 16.D.6. Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Housing, Human, and Veteran Services Department (hereinafter, the "Division or Department"), the Collier County Board of County Commissioners Purchasing Department (hereinafter, "County") has issued this Invitation to Bid (hereinafter, "ITB") with the intent of obtaining bids from interested and qualified firms in accordance with the terms, conditions and specifications stated or attached. The resultant award may be used by any Collier County Department, or any other public agency as stated in this document. The Vendor, at a minimum, must achieve the requirements of the Scope of Work and Specifications stated herein. Brief Description of Purchase The services will include, but not be limited to, providing comprehensive staffing and service support to the Housing, Human &Veteran Services Department for operation requirements such as specification writing, construction cost review for projects, rehabilitation inspection under HUD Housing Quality Standards (HQS), and all other related support functions. Usage has been estimated to be approximately $50,000 annually. Scope of Work Contractor shall provide temporary personnel to Housing, Human, & Veteran Services Department staff on as needed basis; however, other County operating departments may use this contract. The Contractor shall provide personnel within three business days from request with the HHVS Department. HHVS Department will have the right to accept or refuse and ask for additional personnel. Dependent upon qualifications, the hourly rate will be determined by HHVS or hiring Department. 1. Provide personnel to augment the HHVS Staff to ensure compliance with various aspects of Grantor agency requirements in the following categories: Category 1: Contract Specification Writer: (Employee Hourly Pay Rate: $16.06-22.08 per hour) Interprets architectural or engineering plans and prepares material lists and specifications to be used as standards by employees for rehabilitation or construction activities: Analyzes plans and diagrams, or observes and makes notes on material processing, activities. Writes technical description specifying material qualities and properties utilizing knowledge of material standards and construction procedures. May draw rough sketches or arrange for finished drawings or photographs to illustrate specific materials or assembly sequence. Category 2: Construction Cost Estimator(Employee Hourly Pay Rate: $15.92 —24.64 per hour) Perform Reviews of construction, rehabilitation, and engineering contracts to ensure that price and costs are determined to be reasonable and competitive before final award to a winning bidder. Conducts a price analysis to compare and evaluate the proposed price without analyzing any of the separate cost elements that it is composed of. Shall also conduct cost ITB 13-6098R 4 Temporary Personnel Packet Page -1131- 10/22/2013 16.D.6. analysis of the separate elements (e.g., labor, materials, etc) that make up a contractor's total cost proposal or price to determine if they are reasonable. For sealed bids, conducts an independent cost estimate and compares to low bids, ensures accurate and fair market pricing is used. For competitive proposals, obtains a cost breakdown from the offerers showing all the elements of their proposed total costs and perform a cost analysis of each proposal using the appropriate cost principles. Category 3: Customer Service Clerk (Employee Hourly Pay Rate: $11.80-16.30 per hour) Prepares and processes administrative/program/operational documents, documents (permits, work orders, zoning, project records, etc). Researches, assembles and compiles information needed to complete documents. Category 4: Senior Field Inspector (Employee Hourly Pay Rate: $26.82-34.71 per hour) Requires specialized training, education or licensure, must possess certification in HUD Housing Quality Standards, and the ability to independently work in a specialized areas, including, but not limited to: County interns, CAD Technicians or Drafters, Project Managers, Tram Services, Building Automation Technicians, General Building Surveying, other Management Services, or any other skill or skilled position the County deems appropriate under this category. Completes inspections of construction work, methods, and materials and compares actual work to approved/planned work; determines whether projects are in compliance with applicable codes, specifications, and approved construction plans; identifies potential or existing performance deficiencies or structural deficiencies in new/existing civil engineering infrastructures; ensures that development improvements are in agreement with design plans; ensures that any damage to public property is corrected; ensures that owners of the property or neighboring property are not adversely impacted by constructed improvements. Category 5: Construction Inspector(Employee Hourly Pay Rate: ($21.85-28.28 per hour) Performs field inspections of site development and other construction/repair projects conducted by private contractors to ensure project compliance with applicable codes, standards, and approved construction plans/specifications. Interprets, explains, and ensures compliance with applicable state, county, and local codes, ordinances, regulations, standards, specifications, policies and procedures, as well as approved construction plans/specifications; initiates any actions necessary to correct deviations or violations; researches code books, construction standards, technical manuals, or other resources as needed. Provides information and technical assistance concerning development plans, construction requirements, non-compliance issues, and related issues; meets with and discusses problem areas with contractors, developers, engineers, architects, and property owners; recommends solutions to problems; responds to questions, concerns, or complaints. Coordinates inspection activities with other County departments, contractors, property owners, outside agencies, or other individuals; schedules inspections and meetings; schedules and/or attends pre-construction meetings and preliminary walk-throughs. Reviews construction plans, specifications and related documentation for compliance with applicable engineering codes, ordinances, and regulations; reviews as-built drawings, mylars, ITB 13-6098R 5 Temporary Personnel Packet Page-1132- 10/22/2013 16.D.6. density reports of sub-grade and lime rock, and roadway core reports for asphalt and lime rock depths. Performs plan checks at project sites to ensure compliance with approved plans and takes photographs to document field conditions. Conducts field inspections of construction projects; inspects drainage structures for dirt, wood, nails, and lifting rings; reviews traffic control signage; inspects all structures on projects; inspects signage, striping, sidewalks, and handicap ramps; inspects roadway sub-grades and densities; inspects common areas and easements for exotic vegetation; conducts exotic vegetation removal inspections; inspects final course of asphalt; inspects right-of-way conditions; inspects projects for appropriate Maintenance of Traffic(MOT) operations through construction work zones 2. Provide the County with a fixed contractor mark-up for each category for the duration of the contract. 3. Provide the County with a quote for each person assigned that includes a resume, brief description of assignment, the category selected, the employee hourly rate and the contractor's mark-up. 4. Supply competent persons who are capable of performing their employment duties. Personnel shall be neat, clean, well-groomed and courteous, and shall be fully dressed including shirt and shoes. 5. Provide personnel who shall be capable of receiving and understanding instructions in English. 6. Ensure that all contract worker provided to the County have fully executed and complete background and drug screening prior to starting work at the County. 7. Register with the Department of Homeland's Security E-verify system, and document that each contract worker has been screened through this system. 8. Comply, both the contractor and contract workers, with all applicable regulations of the County, the State and the Federal government; full cooperation is expected and required. Should the minimum employee pay rate fall below the Federal or State minimum wage, the contractor shall notify the County so that compensation is commensurate with all wage practices. 9. Overtime: Provide overtime payment for any hours worked in excess of forty (40) hours per week by the same employee at the request of the County. Hours worked on weekends will be treated as straight time unless they are in excess of a forty (40) hour work week. All hours worked in excess of a forty (40) hour work week that are considered overtime will be paid at one and a-half(1.5) times the agreed upon employee's hourly rate of pay. 10. Submit invoices on all contract workers, including, but not limited to: • The department that the worker is assigned and the purchase order number, • The name of the worker and the employee hourly rate, • The number of hours worked by the employee during a date range (i.e. week, month, etc.), and the project that was worked on, • The contractor mark-up, and • Total cost assessed to the County. 11. Remove, per direction from the County project manager, any temporary personnel deemed to be careless, incompetent, insubordinate or otherwise objectionable, or whose continued employment on the job is deemed to be contrary to the interest of the County as per the direction of the County project manager. ITB 13-6098R 6 Temporary Personnel Packet Page-1133- 10/22/2013 16.D.6. 12. Provide evidence as to the number of years that the firm has been in business in the space provided on the Bid form. 13. Provide five (5) references from previous and current clients regarding its past performance in the delivery of the services set forth in this bid invitation. In addition to reviewing the information submitted and contacting the references listed in the bid offer, the County reserves to right to investigate and consider any complaints or other concerns raised pertaining to the past performance or conduct of the bidder(s) or employee(s). 14. Buy Out/Purchase: If temporary person is offered and accepts a position with the County, there shall be no requirement of the County to "buy out" or purchase any remaining contractual term between the temporary person and the employing agency. Award Criteria ITB award criteria is as follows: • All questions on the Bid document shall be answered as to price(s), time requirements, and required document submissions. • Award shall be based upon the responses to all questions on the Bid Response Page(s). • Further consideration may include but not be limited to, references, completeness of bid response and past performances on other County bids/projects. • Prices will be read in public exactly as input on the electronic bid response form or written on the manually submitted Bid Response Page(s) at the time of the bid opening; however, should an error in calculations occur whenever unit pricing and price extensions are requested, the unit price shall prevail. Mathematical miscalculations may be corrected by the County to reflect the proper response. • The County's Purchasing Department reserves the right to clarify a vendor's proposal prior to the award of the solicitation. • It is the intent of Collier County to award to the lowest responsive HUD Sec 3 vendor(s) in accordance with the following methodology: ✓ Award per lowest contractor percent markup by category. ✓ The County intends to award on a primary and secondary basis as determined by the lowest responsive bidder who provides the most advantageous mark-up to the County. ✓ The contract will be in the form of a standard County Contract. Term of Contract The contract term, if an award(s) is/are made is intended to be two (2) years with two (2) one (1) year renewal options. Contractor mark-up and employee hourly rate shall remain firm during the initial term of the contract. Requests for consideration of an increase, or decrease, in the contractor markup and employee hourly must be made on contract anniversary date, in writing, to the Purchasing Director and must be based upon the United States Government prevailing minimum wage. Verification of these increases, other than CPI, shall be furnished to the Purchasing Director with the written request for increase. Additional surcharges (i.e. transportation, mark-up, overhead, etc.) will not be accepted in conjunction with this contract during the duration of the resultant contract such charges should be incorporated into the pricing structure. ITB 13-6098R 7 Temporary Personnel Packet Page-1134- 10/22/2013 16.D.6. The contractor percent mark-up shall remain firm for the initial term of this contract. Requests for consideration of a percent mark-up adjustment must be made on the contract anniversary date, in writing, to the Purchasing Director. Price adjustments are dependent upon budget availability and program manager approval. Projected Timetable Event Date Issue Solicitation Notice July 24, 2013 Last Date for Receipt of Written Questions August 2, 2013, 12:00PM, Naples Local Time Addendum Issued Resulting from Written Questions TBD Solicitation Deadline Date and Time August 6, 2013 2:30PM, Naples Local Time Anticipated Evaluation of Submittals August 8, 2013 Anticipated Board of County Commissioner's Contract Sept-Oct 2013 Approval Date Vendor Required Documents • Submit percentage mark-up • Provide evidence as to the number of years that the firm has been in business in the space provided on the Proposal form. • Attachment 2: Vendor's Check List • Attachment 3: Vendor Bid Response Form • Attachment 4: Non Used • Attachment 5: Immigration Law Affidavit • Attachment 6: Vendor Substitute W-9 • Attachment 7: Insurance and Bonding Requirement • Attachment 8: References - Provide five (5) references from previous and current clients regarding its past performance in the delivery of the services set forth in this bid invitation. In addition to reviewing the information submitted and contacting the references listed in the bid offer, the County reserves to right to investigate and consider any complaints or other concerns raised pertaining to the past performance or conduct of the bidder(s) or employee(s). • Florida Business License (copy) • Complete and return grant forms provided in Exhibit lb ITB 13-6098R 8 Temporary Personnel Packet Page-1135- 10/22/2013 16.D.6. Exhibit 1.A Housing Urban Development(HUD) Supplemental Conditions The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. Flow Down of Terms and Conditions from the Grant Agreement Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be forwarded to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractors is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor's progress in performing its work under this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat. Check Box(If Applicable) 1. Termination (Cause and Convenience) 2. Access to Records • 3. Retention of Records 4. Remedies 5. Environmental Compliance (Clean Air Act and Clean Water Act) 6. Energy Efficiency 7. Special Equal Opportunity Provisions 8. Section 3 9. Conflict of Interest 10. Utilization of Minority and Women's Businesses 11. Federal Labor Standards Provisions (Copeland, and Contract Work Hours Act) ❑ 12. Guidance to Contractor for Compliance With Labor Standard Provisions 13. Lobbying Prohibition 14. Debarment (EPLS) 15. Historic Preservation 16. Record Keeping and Documentation 17. Grantee Recognition (Advertisement) 18. Copyright and Patent Rights 19. Religious Organizations ITB 13-6098R 9 Temporary Personnel Packet Page-1136- 10/22/2013 16.D.6. 1. TERMINIATION FOR CAUSE AND /OR CONVENIENCE A. This contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this contract through no fault of the terminating party, provided that no termination may be effected unless the other party is given: (1) not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate; and (2) an opportunity for consultation with the terminating party prior to termination. B. This contract may be terminated in whole or in part in writing by the local government for its convenience, provided that the other party is afforded the same notice and consultation opportunity specified in 1(a) above. C. If termination for default is effected by the local government, an equitable adjustment in the price for this contract shall be made, but (I) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the contractor at the time of termination may be adjusted to cover any additional costs to the local government because of the contractor's default. If termination for convenience is effected by the local government, the equitable adjustment shall include a reasonable profit for services or other work performed for which profit has not already been included in an invoice. For any termination, the equitable adjustment shall provide for payment to the contractor for services rendered and expenses incurred prior to receipt of the notice of intent to terminate, in addition to termination settlement costs reasonably incurred by the contractor relating to commitments (e.g., suppliers, subcontractors) which had become firm prior to receipt of the notice of intent to terminate. D. Upon receipt of a termination action under paragraphs (a) or (b) above, the contractor shall (1) promptly discontinue all affected work (unless the notice directs otherwise) and (2) deliver or otherwise make available to the local government all data, drawings, reports specifications, summaries and other such information, as may have been accumulated by the contractor in performing this contract, whether completed or in process. The work and may award another party a contract to complete the work described in this contract. E. If, after termination for failure of the contractor to fulfill contractual obligations, it is determined that the contractor had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of the local government. In such event, adjustment of the contract price shall be made as provided in paragraph(c) above. 2. ACCESS TO RECORDS The local government, the Florida Department of Economic Opportunity, the U.S. Department of Housing and Urban Development,the Comptroller General of the United States, and any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the contractor which are directly pertinent to this contract for the purpose of making audit, examination, excerpts, and transcriptions. 3. RETENTION OF RECORDS The contractor shall retain all records relating to this contract for six years after the local government makes final payment and all other pending matters are closed. ITB 13-6098R 10 Temporary Personnel Packet Page-1137- 10/22/2013 16.D.6. 4. REMEDIES Unless otherwise provided in this contract, all claims, counter-claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. 5. ENVIRONMENTAL COMPLIANCE If this contract exceeds $100,000, the contractor shall comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and U.S. Environmental Protection Agency regulations (40 C.F.R. Part 15). The contractor shall include this clause in any subcontracts over$100,000. 6. ENERGY EFFICIENCY The contractor shall comply with any mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163). 7. SPECIAL EQUAL OPPORTUNITY PROVISIONS A. Activities and Contracts Not Subject to Executive Order 11246, as Amended (Applicable to Federally assisted construction contracts and related subcontracts $10,000 and under.) During the performance of this contract, the Contractor agrees as follows: (1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. (2) The Contractor shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by Contracting Officer seeking forth the provisions of this nondiscrimination clause. The Contractor shall state that all qualified applicants be considered without regard to race, color, religion, sex or national origin. (3) Contractors shall incorporate foregoing requirements in all subcontracts. B. Executive Order 11246 (contracts/subcontracts above $10,000) (1) Section 202 Equal Opportunity Clause During the performance of this contract, the contractor agrees as follows: (a) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment, or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in a conspicuous place, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. ITS 13-6098R 11 Temporary Personnel Packet Page-1138- 10/22/2013 16.D.6. (b) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified to race, color, religion, sex, or national origin. (c) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice to be provided by the Contract Compliance Officer advising the said labor union or worker's representatives of the Contractor's commitment under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the Rules, Regulations, and Relevant Orders of the Secretary of Labor. (e) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and other. (f) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (g) The Contractor will include the Provisions of the sentence immediately preceding Paragraph (a) and the provisions of Paragraphs (a) through (g) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sections of noncompliance. Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Department, the Contractor may request the United States to enter into such States. (2) Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246). (Applicable to contracts/subcontracts exceeding $10,000.) (a) The Offerer's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. (b) The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: Female participation: 6.9% (statewide) These goals are applicable to all Contractor's construction work (whether or not it is federally- assisted) performed in the covered area. If the Contractor performs construction work in a geographic area located outside of the covered area, it shall apply the goals established for such geographic area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its Federally involved and non-Federally involved construction. The Contractor's compliance with Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative ITB 13-6098R 12 Temporary Personnel Packet Page-1139- 10/22/2013 16.D.6. action obligations required by the specifications set forth in 41 CFR 60-4.3 (a), and its efforts to meet the goals established or the geographic area where the contract resulting from his solicitation is to be performed. The hours of minority and female employment or training must be substantially uniform throughout the length of the contract and in each trade the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order, and the regulations in 41 CFR measured against the total work hours performed. (c) The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of$10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. (d) As used in this Notice, and in the contract resulting from the solicitation, the "covered area" is the county in which the contract work is being undertaken. (3) Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246). (a)As used in these specifications: 1. "Covered area" means the geographical area described in the solicitation from which this contract resulted; 2. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; 3. "Employer identification number" means the Federal Social Security number used on the Employer's quarterly Federal Tax Return, U.S. Treasury Department Form 941. 4. "Minority" includes: (I) Black (all persons having origins in any of the Black African racial groups); (II) Asian and Pacific Islander (all persons having origins in any o f the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Island); and (III) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). (4) Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. (5) If the Contractor is participating (pursuant to 41CFR 60-4.5) in a Hometown Plan approved by the U. S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor ITB 13-6098R 13 Temporary Personnel Packet Page-1140- 10/22/2013 16.D.6. participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors toward a goal in an approved Plan does not execute any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. (6) The Contractor shall implement the specific affirmative action standards provided in paragraphs (9) (a) through (p). of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing contracts in geographical areas where they do not have a Federal or Federally- assisted construction contract shall apply the minority and female goals established for the geographic area where the contract is being performed. Goals are published periodically in the Federal Register in notice form and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. (7) Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. (8) In order for the nonworking training hours of apprentices and trainees to be counted in meeting goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U. S. Department of Labor. (9) The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensively as the following: (a) Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites in such facilities. (b) Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organization's responses. (c) Maintain a current file of the names, addresses, and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back ITB 13-6098R 14 Temporary Personnel Packet Page-1141- 10/22/2013 16.D.6. to the Contractor by the union, or if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore along with whatever additional actions the Contractor may have taken. (d) Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. (e) Develop on-the-job training opportunities and/or participate in training programs for the areas which expressly include minorities and women, including upgrading apprenticeship, trainee and other programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. (f) Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. (g) Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with on- site supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. (h) Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. (i) Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. (j) Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's work force. (k) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR 60-3. (I) Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. ITB 13-6098R 15 Temporary Personnel Packet Page-1142- 10/22/2013 16.D.6. (m) Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. (n) Ensure that all facilities and company activities are nonsegregated except that separate or single- user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. (o) Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. (p) Conduct a review, at least annually, of all supervisors adherence to and performance under the Contractor's EEO policies and affirmative action obligations. (10) Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (9) (a) through (p). The efforts of a contractor association,joint contractor-union, contractor-community, or other similar group of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under (9) (a) through (p) of these Specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation shall not be a defense for the Contractor's noncompliance. (11) A single goal for minorities and separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non- minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is under utilized). (12) The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. (13) The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. (14) The Contractor shall carry out sections and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. (15) The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensively as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its effort to ensure equal ITB 13-6098R 16 Temporary Personnel Packet Page-1143- 10/22/2013 16.D.6. employment opportunity. If the Contractor fails to comply with the requirement of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. (16) The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee, the name, address, telephone numbers, construction trade, union affiliation, if any, employee identification number where assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and location at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. (17) Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance and upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). C. Certification of Non-Segregated Facilities(over$10,000) By the submission of this bid, the bidder, offeror, applicant or subcontractor certifies that he/she does not maintain or provide for his/her employees any segregated facility at any of his/her establishments, and that he/she does not permit employees to perform their services at any location, under his/her control, where segregated facilities are maintained. He/She certifies further that he/she will not maintain or provide for employees any segregated facilities at any of his/her establishments, and he/she will not permit employees to perform their services at any location under his/her control where segregated facilities are maintained. The bidder, offeror, applicant or subcontractor agrees that a breach of this certification is violation of the Equal Opportunity Clause of this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work eating areas, time clocks, locker rooms, and other storage or dressing areas, transportation and housing facilities provided for employees which are in fact segregated on the basis of race, color, religion, or otherwise. He/She further agrees that (except where he/she has obtained identical certifications from proposed subcontractors prior to the award of subcontractors have submitted identical certifications for specific time periods). D. Civil Rights Act of 1964 Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. E. Section 109 of the Housing and Community Development Act of 1974 No person in the United States shall on the grounds of race, color, national original, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. F. Section 503 Handicapped(Contracts$2,500 or Over) (1) The Contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in ITB 13-6098R 17 Temporary Personnel Packet Page-1144- 10/22/2013 16.D.6. employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. (2) The Contractor agrees to comply with the rules, regulations and relevant orders of the Secretary of Labor issued pursuant to the Act. (3) In the event of the Contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. (4) The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, provided by or through the contracting officer. Such notices shall state the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified handicapped employees and applicants for employment, and the rights of applicants and employees. (5) The Contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or their contract understanding, that the contractor is bound by the terms of Section 503 of the Rehabilitation Act of 1973, and is committed to take affirmative action to employ and advance in employment physically and mentally handicapped individuals. (6) The Contractor will include the provisions of this clause in every subcontract or purchase order of $2,500 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to Section 503 of the Act, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for noncompliance. G. Age Discrimination Act of 1975 No person in the United States shall, on the basis of age be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program, or activity receiving Federal Financial assistance. 8. SECTION 3 —COMPLIANCE IN THE PROVISION OF TRAINING Employment and Business Opportunities (1) The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD- assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. (2) The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. (3) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site ITB 13-6098R 18 Temporary Personnel Packet Page-1145- 10/22/2013 16.D.6. where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. (4) The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. (5) The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. (6) Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. (7) With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). 9. CONFLICT OF INTEREST OF OFFICERS OR EMPLOYEES OF THE LOCAL JURISDICTION, MEMBERS OF THE LOCAL GOVERNING BODY, OR OTHER PUBLIC OFFICIALS No officer or employee of the local jurisdiction or its designees or agents, no member of the governing body, and no other public official of the locality who exercises any function or responsibility with respect to this contract, during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed. Further, the Contractor shall cause to be incorporated in all subcontracts the language set forth in this paragraph prohibiting conflict of interest. 10. UTILIZATION OF MINORITY AND WOMEN FIRMS (M/WBE) The contractor shall take all necessary affirmative steps to assure that M/WBE firms are utilized when possible as suppliers and/or subcontractors, as applicable. Prior to contract award, the contractor shall document efforts to utilize M/WBE firms, including identifying what firms were solicited as suppliers and/or subcontractors, as applicable. Information regarding certified M/WBE firms can be obtained from: • Florida Department of Management Services, Office of Supplier Diversity, • Florida Department of Transportation (construction services, particularly highway), • Minority Business Development Center in most major cities, and • Local government M/WBE programs in many large counties and cities. A firm recognized as an M/WBE by any of the above agencies is acceptable for the CDBG program. ITB 13-6098R 19 Temporary Personnel Packet Page-1146- 10/22/2013 16.D.6. PARAGRAPH 11 AND 12 PURPOSELY LEFT UNUSED 13. LOBBY PROHIBITION (a) No funds or other resources received from the Department under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief; 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient, to any person for influencing or attempting to influence an officer or employee of any agency," a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Recipient shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying." a. The Recipient shall require that this certification be included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any p e rs o n who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 14. DEBARMENT Pursuant to 2 CFR 2424, all grantees are required to verify that any/all persons, contractors, consultants, businesses, sub-recipients, etc. that are conducting business with the grantee, including any city/county or the grantee itself, are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in the covered transaction or in any proposal submitted in connection with the covered transaction. Verification will be checked through the excluded parties system list atwww.sam.00v. 14. HISTORIC PRESERVATION The Contractor shall comply with the historic preservation requirements of 24 CFR 58.17 and the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings and with all other environmental regulatory requirements. D. Historic Preservation: The contractor agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 USC 470) and the procedures set forth in 36 CFR 800, Advisory Council on Historic reservation Procedures for Protection of Historical Properties. 15. RECORD KEEPING AND DOCUMENTATION The Recipient, its employees or agents, including all contractors, subcontractors or consultants to be paid from funds under this Agreement, shall allow access to its records at reasonable times to the Departments, its employees and agents. "Reasonable" shall ordinarily mean during normal business hours of 8am to 5pm local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Department. ITB 13-6098R 20 Temporary Personnel Packet Page-1147- 10/22/2013 16.D.6. a.. The Contractor shall maintain all records required by the grantor. b. All reports, plans, surveys, information, documents, maps and other data procedures developed, prepared, assembled, or completed by the Contractor for the purpose of this Agreements shall be made available to the County by the Contractor at any time upon request by the County, HHVS or HUD. Upon completion of all work contemplated under this agreement copies of all documents and records relating to this agreement shall be surrendered to HHVS if requested. In any event the sub-recipient shall keep all documents for six (6) years after the expiration of this agreement. 17. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to the funding source. The subrecipient will include a reference to the financial support herein provided by HHVS in all publications and publicity. In addition, the subrecipient will make a good faith effort to recognize HHVS' support for all activities made possible with funds made available under this Agreement. The Contractor will mount a temporary construction sign for projects funded by HHVS. The design concept is intended to disseminate key information regarding the development team as well as Equal Housing Qpportunity to the general public. The Construction sign shall comply with applicable County codes. 18. RIGHT AND PATENT RIGHTS No reports, maps, or other documents produced in whole or in part under this contract shall be the subject of an application for copyright by or on behalf of the contractor. The US Department of Housing and Urban Development and the grantee shall possess all rights to invention or discovery, as well as rights in data which may arise as a result of the contractor's services. 19. RELIGIOUS OGANIZATIONS CDBG funds may not be used for religious activites or provided to primarily religions organizations. Section 24 CFR 570.2000) specifies the limitations on CDBG funds. ITB 13-6098R 21 Temporary Personnel Packet Page-1148- 10/22/2013 16.D.6. EXHIBIT I:B Grant Forms Required to be returned with Response • Debarment — Prime • Debarment — Subcontract — Lower Tier • Section 3 Affidavit of Claim • Lobbying Disclosure • Drug Free Workplace • Acknowledgement of General Grant Clauses • Acknowledgement of Religious Org Requirements • Collier DBE MBE Participation Statement • Collier Sublet List • Collier Bid Opportunity List ITB 13-6098R 22 Temporary Personnel Packet Page-1149- 10/22/2013 16.D.6. • Codification Regarding Debarment, Suspension, And Other Responsibility Matters Primary Covered Transactions (1) The prospective primary participant certifies to the best of its knowledge and belief,that it and its principals: not presently debarred, suspended, proposed for r debarment,,agdeclared ineligible,or voluntarily (a) Are p excluded from covered transactions by any judgement (b) Have not within a three-year period preceding a this proposal been cons cted of of h with civil g, rendered against them for commission of to obtain, or performing a public(Federal, State or local)transaction or contract under destruction of records,statutes cr false commission statements, or receiving public transaction; violation of Federal r des State antitrust statutes cr commission of embezzlement, p falsification o theft,forgery,bribery, stolen property; y y g a governmental entity or local)with commission of any of the offenses enumerated in paragraph (I)(b)of this (c) Are not presently indicted for or otherwise criminally or civil) charged by 9 . (Federal, State certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local)terminated for cause afof the statements in this certification, (2) Where the prospective primary participant is unable to certify to any such prospective participant shall attach an explanation to this proposal. C--A ,,,, in ,� �� .rn r ♦ i� � � (� �� �r"'� ( s Project Na - Name AAC_St , Project Number Se ■ ■ Firm J 11! J �, �` �D Street Address ��,vl City, State, Zip 24 CFR 24.510& 24 CFR, Part 24,Appendix A Packet Page -1150- 10/22/2013 16.D.6. Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Lower Tier Covered Transactions (1) The prospective lower tier participant certifies,by submission of this document,that neither it nor its principals is presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded form participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to the above statement,the prospective participant shall attach an explanation to this form. -P-i?-11-I- NapepA, Local Government Title CDBG/HOME/CDBG-R Contract Number e)^-at L914WrIci Firm 3�—()Sw I 40- _.Sk1 re_ Street Address ,rn'a rf 3302 ? City,State,Zip (.2_4 (o? — Z Federal ID# 24 CFR 24.510&24 CFR,Part 24,Appendix A Packet Page-1151- 10/22/2013 16.D.6. coiPier Aouu"y Adrmr sha5ve Services Division Purchasing Exhibit 4: Affidavit and Certification for Claiming Status as a Section 3 Business for Formal Solicitations Solicitation#13-6098R This project is subject to the provisions of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by certain HUD Housing and/or Community Development Assistance shall,to the greatest extent feasible, and consistent with existing Federal, State, and local law and regulations, be directed to low-and very- low income persons and to business concerns which provide economic opportunities to low-and very-low income persons. A Section 3 business concerned is defined as follows: 1. That is 51 percent or more owned by Section 3 residents; or 2. Whose permanent,full-time employees include persons, at least 30 percent of whom are currently Section 3 residents, or within three years of the date of first employment with the business concern were Section 3 residents; or 3. That provides evidence of a commitment to subcontract in excess of 25 percent of the dollar award of all subcontracts to be awarded to business concerns that meet the qualifications set forth in section one or two above. In conformance with Section 3 federal regulations (24 CFR Part 135), Collier County shall direct efforts to award Section 3 covered contracts,to the greatest extent feasible, to Section 3 business concerns in the order of priority listed below: 1. Category 1 businesses: Section 3 business concerns that provide economic opportunities for Section 3 residents in the service area or neighborhood in which the Section 3 covered project is located; 2. Category 2 businesses: Applicants (as this term is defined in 42 U.S.C. 12899)selected to carry out HUD HOUSING AND/OR COMMUNITY DEVELOPMENT ASSISTANCE Youthbuild programs; 3. Category 3 businesses: Other Section 3 business concerns. A business concern seeking to qualify for a Section 3 contracting preference shall certify that the business concern is a Section 3 business concern as described above. Vendor Name: +pk.a Date: 7/2-51203 Address: Sc,c I ZZ ddress: � Signature: ,,I e' / �� TitleR�-��-,,�1/` • STATE OF FLORIDA -COLLIER COUNTY ❑ LEE COUNTY Sworn o -nd Subscribed.B fore Me, a Notary Public,for the above State and County, on this 2-7 Day of . A , 20 . U.Dh , 0-Cc .. u '.-JL f My Commission Expires: �k50 // Notary Public LYN HARRIS (AFFIX OFFICIAL SEAL) a'viE tioTARY PUBLIC j A STATE OF FLORIDA commit DD9846O1 t:xplre e4 413012.014 Packet Page -1152- 10/22/2013 16.D.6. DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348-0046 (See reverse for public burden disclosure.) 1.Type of Federal Action: 2. Status of Federal Action: 3. Report Type: it. contract la. bid/offer/application (-7 a. initial filing 1 b. grant lb. initial award l b. material change c. cooperative agreement c. post-award For Material Change Only: d. loan year quarter t:. loan guarantee date of last report 1. loan insurance 4. Name and Address of Reporting Entity: 5.1f Reporting Entity in No.4 is a Subawardee,Enter Name 0 Prime ❑Subawardee and Address of Prime: Tier , if known: Congressional District, if known: 4c Congressional District, if known: 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, if applicable: 8. Federal Action Number, if known: 9.Award Amount,if known: 10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if (if individual, last name, first name, Ml): different from No. 1 Da) (last name, first name, MI): 7 11Inforn alion requested through this form is authorized by title 31 U S.0 section +, .1352. This disclosure of lobbying activities is a material representation of fact Signature: �� 41, �... upon Mich reliance was placed by the tier above when this transaction was made ;/6 or enured into. This disclosure is required pursuant to 31 U.S.C. 1352. This Print Nam-. 1 Intorn�than will be available for public inspection. Any person who fails to file the /� p �l ^1 required disclosure shall be subject to a civil penally of not less than 510.000 and Title: LC.� C LPt not m ire than 5100,000 for each such failure Telephone No.: q -73 tf--�,7t-/ Date: i . Authorized for Local Reproduction Federal Use Only: Standard Form LLL(Rev.7-97) Packet Page-1153- 10/22/2013 16.D.6. Certificction for U.S. Department of Housing and Urban Development Drug-Free Workplace /11- I(pKOk S.-ca Ych -Fly • plicant Name Program/Activity Receiving Federal Grant Funding Acting on behalf of the above named Applicant as its Authorized Official, I make the following certifications and agreements to the Department of Housing and Urban Development (HUD) regarding the sites listed below: I certify that the above named Applicant will or will continue (1) Abide by the terms of the statement; and to provide a drug free workplace by: (2) Notify the employer in writing of his or her t onvic- a. Publishing a statement notifying employees that the un- tion for a violation of a criminal drug statute occurring in the lawful manufacture, distribution,dispensing,possession,or use workplace no later than five calendar days after such cons iction; of a controlled substance is prohibited in the Applicant's work- e. Notifying the agency in writing, within ten calendar days place and specifying the actions that will be taken against after receiving notice under subparagraph d.(2) from on em- employees for violation of such prohibition. ployee or otherwise receiving actual notice of such cons iction. b. Establishing an on-going drug-free awareness program to Employers of convicted employees must provide notice, nclud- inform employees --- ing position title, to every grant officer or other desig tee on (1 I The dangers of drug abuse in the workplace; whose grant activity the convicted employee was working, unless the Federalagency has designated a central point for the (2) The Applicant's policy of maintaining a drug-free receipt of such notices. Notice shall include the identification workplace; number(s) of each affected grant; (31 Any available drug counseling, rehabilitation, and f. Taking one of the following actions, within 30 calendar employee assistance programs; and days of receiving notice under subparagraph d.(2), with respect (4) The penalties that may be imposed upon employees to any employee who is so convicted drug abuse violations occurring in the workplace. (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent u ith the c. Making it a requirement that each employee to be engaged requirements of the Rehabilitation Act of 1973, as amended; or in the performance of the grant-be given a copy of the statement required by paragraph a.; (2) Requiring such employee to participate sati;facto- r. Notifying the employee in the statement required by pars- rily in a drug abuse assistance or rehabilitation progrt m ap graph a. that,as a condition of employment under the grant,the proved for such purposes by a Federal,State,or local health,law enforcement, or other appropriate agency; employee will --- g. Making a good faith effort to continue to maintain;I drug- free workplace through implementation of paragraphs a. thru f. 2. Sites for Work Performance. The Applicant shall list(on separate pages)the site(s)for the performance of work done in connection t:ith the HUD funding of the program/activity shown above: Place of Performance shall include the street address, city, county, State, and zi;i code. Identify each sheet with the Applicant name and address and the program/activity receiving grant funding.) Check here if there are workplaces on file that are not identified on the attached sheets. I hereby certify that all the information stated herein,as well as any information provided in the accompaniment herewith,is true and at curate. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C.1001,1010,1012; 31 U.S.C.3729,3802) Name of A girized Official Title lJ'1 nrfur► , [9ri ' i /a X `"t, 20 r 3 form HUD-50070(3/98) ref.Handbooks 7417.1,7475.13,74E5.1 8.3 Packet Page-1154- 10/22/2013 16.D.6. Caltr COUVELY Purchasing General Grant Clauses I acknowledge, and agree to perform all of the requirements identified in this document. A I p 1vn (Co tractor/Sub-contractor Name) (Recipient's Name) ( uthorized Signatur) (Date) S (3— (.Pbgi R (Print'Name and Title) (Contrail Number) (Address) (Address) rr4144 - 3302-7 (City, State,Zip) 12 Packet Page-1155- 10/22/2013 16.D.6. Attachment 11: Acknowledgement of Religious Organization Requirements 24 CFR 570.200(j) In accordance with the First Amendment of the United States Constitution "church/state principles," Community Development Block Grant CDBG/NSP assistance may not, as a general rule, be provided to primarily religious entities for any secular or religious activities. Therefore, the following restrictions and limitations apply to any provider which represents that it is, or may be deemed to be, a religious or denominational institution or an organization operated for religious purposes which is supervised or controlled by or operates in connection with a religious or denominational institution or organization. A religious entity that applies for and is awarded CDBG/NSP funds for public service activities must agree to the following: 1. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference to persons on the basis of religion. 2. It will not discriminate against any person applying for such public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. 3. It will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision of such public services. 4. The portion of a facility used to provide public services assisted in whole,or in part under this agreement shall contain no sectarian or religious symbols or decorations; and 5. The funds received under this agreement shall be use to construct, rehabilitate or restore any facility, which is owned by the provider and in which the public services are to be provided. However, minor repairs may be made if such repairs are directly related to the public services located in a structure used exclusively for non-religious purposes and constitute in dollar terms, only a minor portion of the CDBG/NSP expenditure for the public services. I hereby acknowledge that I have read the specific requirements contained in this attachment and that eligibility of my organization's project depends upon compliance with the requirements contained in this agreement. pkVA ra � Sea rc -F,rn (Company) 7/2_,s-/-2_0/3 (Signature) (Date) (Print Name) Packet Page-1156- 10/22/2013 16.D.6. ANTICIPATED DBE OR MBE PARTICIPATION STATEMENT DEPARTMENT NAME COLLIER CONTRACT#(IFB/RFP/PO) FUNDING SOURCE F f PRIME NAME PRIME FEID NUMBER CONTRACT DOLLAR AMOUNT Pt--\9\-\41A_Si-pi-6149 IS t.et*P 3v- .ti-(0-1$-z IS THE PRIME A FLORIDA-CERTIFIED IS THE ACTIVITY OF THIS CONTRACT... DISADVANTAGED OR MINORITY DBE? Q N CONSTRUCTION? Y N BUSINESS ENTERPRISE MBE? Cx") N CONSULTATION? Y N (DBE/MBE)? OTHER? Y N IS THIS SUBMISSION A REVISION? Y N IF YES,REVISION NUMBER DBE MBE SUBCONTRACTOR OR SUPPLIER TYPE OF WORK OR ETHNICITY CODE SUB/SUPPLIER PERCENT OF CONTRACT NAME _ SPECIALTY (See Below) _ DOLLAR AMOUNT _ DOLLARS DBE MBE ;I- LSE MBE • DBE MBE DBE MBE DBE MBE DBE MBE TOTALS: NAME OF SUBMITTER DATE TITLE OF SUB ITTER _ EMAIL.ADDRESS OF PRIIME((SUBBMITTER) TELEPHONE NUMBER ( FAX NUMBER ��42/SPaii0A f5'T'r.,Y,fi.c 01 • °l -7-3(1.-^2 7 Cj,) 'r-"73�- /2_ Z- NOTE:This information is used to track and report anticipated DBE or MBE participation in federally-funded contracts, The anticipated DBE or MBE amount is voluntary and will not become part of the contractual terms. This form must be submitted at time of response to a solicitation. If and when awarded a County contract,the prime will be asked to update the information for the grant compliance files. Hispanic American ■ 4 Subcont.Asian American Non Minority Women Packet Page-1157- 10/22/2013 16.D.6. ANTICIPATED DBE OR MBE N PARTICIPATION STATEMENT vM.r R R r 1ti :' tit-ti 91 t )1°' ' �ia',i; ! It r;I i l'' t ) w - . � Ui or�' q ,4 .>.f . � 1.. ..t 1.. .� DEPARTMENT NAME COLLIER CONTRACT#(IFB/RFP/PO) FUNDING SOURCE , _ N r- 1 r,I - . , , G•k)?s,a rg0,',L "1a ., U'ly�� Y t `tL, I I j F (f 3,.i it .U r . a E :.... .. 3.;.' .. �: Cr �.ox. n.�i.,..9 ,„-ws,ti: ..`'�Tff+ $,. Ykk�,�;�T ian..e..•...-,;.5=L. , _ .w_m...1.4a,.,� PRIME NAME PRIME FEID NUMBER CONTRACT DOLLAR AMOUNT IS THE PRIME A FLORIDA-CERTIFIED IS THE ACTIVITY OF THIS CONTRACT... DISADVANTAGED OR MINORITY DBE? Y N CONSTRUCTION? Y N BUSINESS ENTERPRISE MBE? Y N CONSULTATION? Y N (CBE/MBE)? OTHER? , Y N — IS THIS SUBMISSION A REVISION? Y N IF YES,REVISION NUMBER IF P RrrIME M. A S 8 f 1 � , s� Y i �ITVI � � 7C,I I 'E r 1 1 s 2.l , :=r s 13 , .L 41 v ' s fr'7 gg 04 „ S f 4 it T t. y j� , q . , ` : ti � u I � ( _ u,i3 G } y. a t � Aj , 7 Yy r a Li- a.,�r 4, StiR i U .4r s ,.�. r.. �w_. .. - ,1 SUBCONTRACTOR OR SUPPLIER TYPE OF WORK OR ETHNICITY CODE SUB/SUPPLIER PERCENT OF CONTRACT DBE MBE NAME SPECIALTY (See Below) DOLLAR AMOUNT DOLLARS — C BE MBE C BE MBE C BE MBE L BE MBE CBE MBE CBE MBE TOTALS: n A'aM mas5*,,,t -'may E K.- 41 ... e f,aas'2 - 1 "a> . , F rrfi �.I .r ''t . ' 0,1., E i N,l li v x ,0 M r 3 l S,. ,, ,' p t.,,U. @k.31 1r . 0w . NAME OF SUBMITTER DATE TITLE OF SUBMITTER EMAIL ADDRESS OF PRIME(SUBMITTER) TELEPHONE NUMBER FAX NUMBER NOTE:This information is used to track and report anticipated DBE or MBE participation in federally-funded contracts. The anticipated DBE or MBE amount is voluntary and will not become part of the contractual terms. This form must be submitted at time of response to a solicitation. If and when awarded a County contract,the prime will be asked to update the information for the grant compliance files. -;.Black.Amerlcan BA Hispanic American HA ',"Native American NA.., _. Subcont.Asian American SAA Asian-Pacific American .J APA ' 'Y Non-Minority Women NMW Other:not of any other group 113ted O • . , _....—/ -1)-( P ' f -1- f-i'l-FCI' r\- 15 Ce r-i-oci-eJ bet _cs/q- UUuu V1ky\.0-i-16 1,(v1 , . Packet Page-1158- t 4 . 10/22/2013 16 D 6 CERTIFICATION OF SUBLET COLLIES COUNTY GRANTS COTAPDANCE Date Prime Contractor is this a•evision? Prime FEID it Grant Ci in tract No. total contract Amount Collier(ontract No. choose one cmt° TOTAL NON SUBCONTRACTOR NAME FEID It SUBCONTRACTOR TO WHOM WORK DESCRIPTION AMOUNT SUBLET DBE DBE An perone:pIOVPSIOn ,.A,.ao,,ei040II of the pone contract 0011 he part of the lubectetsart It is recevote0 ana agreed that,a:Prime contractor toe underognea mrnatons reswn.b4e or thobuTPTR40Y..^.cec't cf1'.4‘."'"°f° f'd“n"."of tht Jopetopoep flet hs cony or ply,,01t0po0 of any eabtille UnPer the contract bond the None M.4 OTAI limbo,.0"RA°N."' are r&"in.5.‘,0$boOTUntuclors A lelse statement or ortosmon mach,in,coneectz croohcatto tottp■ent cause 101 sutpen000.tevoc0ton eenut pu•itheation to bin and a deternonaoon Onon.resportoroPtt. ma.suC,ect pees.aed/or enoty making applPable ed anti 5.11 law One,tate.,Olaletneol toopy and all Cl tel end 041,110‘01 penet eiaton p A te 1-2-0 I 3 Prin.e Contractor Signature Print Name and Title Deb 40AR. Packet Page -1159- 10/22/2013 16.D.6. • CONSTRUCTION CONTRACTORS BID OPPORTUNITY LIST 1. Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: ❑ Non-DBE ❑ Less than $1 million 3. Phone: ❑ Between $1 -$5 million 4. Address: ❑ Between$5-$10 million 7. ❑ Subcontractor ❑ Between$10-$15 million ❑ Subconsultant ❑ More than$15 million 5. Year Firm Established: 1. Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: ❑ Non-DBE ❑ Less than$1 million 3. Phone: ❑ Between$1 -$5 million 4. Address: ❑ Between $5-$10 million 7. ❑ Subcontractor ❑ Between$10-$15 million . ❑ Subconsultant ❑ More than$15 million 5. Year Firm Established: 1. Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: ❑ Non-DBE ❑ Less than $1 million 3. Phone: ❑ Between$1 -$5 million 4. Address: ❑ Between$5-$10 million 7. ❑ Subcontractor ❑ Between$10-$15 million ❑ Subconsultant ❑ More than$15 million 5. Year Firm Established: 1. Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: ❑ Non-DBE ❑ Less than$1 million 3. Phone: ❑ Between$1 -$5 million 4. Address: ❑ Between$5-$10 million 7. ❑ Subcontractor ❑ Between$10-$15 million ❑ Subconsultant ❑ More than$15 million 5. Year Firm Established: 1. Federal Tax ID Number 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: ❑ Non-DBE ❑ Less than$1 million 3. Phone: ❑ Between$1 -$5 million 4. Address: ❑ Between $5-$10 million 7. ❑ Subcontractor ❑ Between$10-$15 million ❑ Subconsultant ❑ More than$15 million 5. Year Firm Established: Packet Page-1160- 10/22/2013 16.D.6. 2013 FLORIDA LIMITED LIABILITY COMPANY ANNUAL REPORT FILED DOCUMENT#L07000106597 Jan 24, 2013 Entity Name: ALPHAI STAFFING/SEARCH FIRM LLC Secretary of State Current Principal Place of Business: 3350 SW 148TH AVE.,SUITE 220 MIRAMAR, FL 33027 Current Mailing Address: 3350 SW 148TH AVE., SUITE 110 MIRAMAR, FL 33027 US FEl Number: 30-0446782 Certificate of Status Desired: No Name and Address of Current Registered Agent: HARRIS,MATTIE 3350 SW 148TH AVE 220 MIRAMAR,FL 33027 US The above named entity submits this statement for the purpose of changing its registered office or registered agent,or both,in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Manager/Member Detail Detail : Title PRESIDENT Title VP Name HARRIS,GARRIE J Name GLOVER,CYNTHIA Address 3350 SW 148TH AVE SUITE 110 Address 3350 SW 148TH AVE SUITE 110 City-State-Zip: MIRAMAR FL 33027 City-State-Zip: MIRAMAR FL 33027 I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath;that lam a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 608,Florida Statutes;and that my name appears above,or on an attachment with all other like empowered. SIGNATURE:GARRIE HARRIS PRESIDENT 01/24/2013 Electronic Signature of Signing Manager/Member Detail Date Packet Page-1161- 10/22/2013 16.D.6. Collier County Purchasing Department 3327 Tamiami Trail East Naples, FL 34112 (P) 239-252-8935 (F) 239-252-6756 Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 2 Packet Page 4162- Detail by FEI/E1N Number 10/22/2013 16.D.6. FLORIDA DEPARTMENT OF STATE DIVISION OF CORPORATIONS nbt Detail by FEI/EIN Number Florida Limited Liability Company ALPHA1 STAFFING/SEARCH FIRM LLC Filing Information Document Number L07000106597 FEI/EIN Number 300446782 Date Filed 10/22/2007 State FL Status ACTIVE Last Event LC NAME CHANGE Event Date Filed 11/08/2007 Event Effective Date NONE Principal Address 3350 SW 148TH AVE., SUITE 220 MIRAMAR, FL 33027 Changed: 01/24/2013 Mailing Address 3350 SW 148TH AVE., SUITE 110 MIRAMAR, FL 33027 Changed: 05/06/2008 Registered Agent Name&Address HARRIS, MATTIE 3350 SW 148TH AVE 220 MIRAMAR, FL 33027 Name Changed: 01/27/2009 Address Changed: 01/24/2013 Manager/Member Detail Name&Address Title President HARRIS, GARRIE J <, 3350 SW 148TH AVE SUITE 110 MIRAMAR, FL 33027 Packet Page-1163- http://search.sunbiz.org/Inquiry/CorporationSearcb/S earchKesultDetail/FeiNumber/flat-107... 8/19/2013 Detail by FEI/EIN Number 10/22/2013 16.D.6. Title VP GLOVER, CYNTHIA 3350 SW 148TH AVE SUITE 110 MIR,4AMAR, FLcSa'i2t us E-Filing Services Document Searches Forms Help Annual Reports Report Year Filed Date 2011 01/24/2011 2012 03/20/2012 2013 01/24/2013 Document Images 01/24/2013 --ANNUAL REPORT View image in PDF format 03/20/2012 --ANNUAL REPORT View image in PDF format 01/24/2011 --ANNUAL REPORT View image in PDF format 02/16/2010 --ANNUAL REPORT View image in PDF format I 01/27/2009 --ANNUAL REPORT View image in PDF format 09/25/2008 --ANNUAL REPORT View image in PDF format 11/08/2007 — LC Name Change View image in PDF format 10/22/2007 -- Florida Limited Liability View image in PDF format CoovrighS©and Privacy Poll State of Florida,Department of State Packet Page-1164- http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail/FeiNumber/flal-107... 8/19/2013 System for Award Management 10/22/2013 16.D.6. ALPHA1 STAFFING/SEARCH FIRM LLC 3350 SW 148 AVE STE 110 DUNS: 808301860 CAGE Code: 4X6F1 MIRAMAR,FL,33027-4694, Status:Active UNITED STATES Entity Overview Entity Information Name:ALPHA1 STAFFING/SEARCH FIRM LLC Business Type: Business or Organization POC Name:Garrie Harris Registration Status:Active Expiration Date:07/31/2014 Exclusions Active Exclusion Records?No SAM i System for Award Management 1.0 IBM v1.1149.20130801-1829 WWW3 Note to all Users:This is a Federal Government computer system. Use of this system constitutes consent to monitoring at all times. Packet Page-1165- https://www.sam.gov/portal/public/SAM/?portal:componentI d=8db 0911-80 3 7-43 be-8794... 8/22/2013 10/22/2013 16.D.6. Exhibit II: General Bid Instructions 1. Purpose/Objective As requested by the Collier County departments or divisions identified in Exhibit 1, the Collier County Board of County Commissioners Purchasing Department(hereinafter, the County) has issued this Invitation to Bid (hereinafter, the "ITB", or"Bid") with the sole purpose and intent of obtaining bid responses from interested and qualified firms in accordance with the terms, conditions, and specifications stated and/or attached herein/hereto. The successful vendor will hereinafter be referred to as the "Vendor" All bids must be submitted on the Bid form furnished by the County noted in Attachments 1, 2, 3, and 5 of this ITB. No bid will be considered unless the Bid form is properly signed. Vendor is responsible to read and follow the instructions very carefully, as any misinterpretation or failure to comply with these instructions could lead to the bid submitted as being rejected as non- responsive. 2. Pricing Vendors must provide unit prices using the unit of measured specified by the County. All prices will remain firm for a period of one hundred and eighty (180) calendar days from date of bid opening. After award by the Board of County Commissioners, prices may only be adjusted as outlined in Exhibit I: Term of Contract. 3. Alternate Bid Pricing In the event that alternate pricing is requested, it is an expressed requirement of the bid to provide pricing for all alternates as listed. The omission of a response or a no-bid or lack of a submitted price will be the basis for the rejection of the submitted bid response. All bids responses received without pricing for all alternates as listed will be considered technically non-responsive and will not be considered for award. 4. Exceptions Vendors taking exception to any part or section of these specifications shall indicate such exceptions on a separate sheet entitled "EXCEPTIONS TO SPECIFICATIONS." Failure to indicate any exceptions to the specifications shall be interpreted as the Vendors intent to fully comply with the specifications as written. The County, at its sole discretion, shall determine if the exceptions are material in nature, and if the Vendor's exceptions may be declared grounds for rejection of bid proposal. 5. Addenda The County reserves the right to formally amend and/or clarify the requirements of the bid specifications where it deems necessary. Any such addendum/clarification shall be in writing and shall be distributed electronically to all parties who received the original bid specifications prior to the deadline for submission of Bids. All changes to this ITB will be conveyed electronically through a notice of addendum or questions and answers to all vendors registered under the applicable commodity code(s) at the time when the original ITB was released, as well as those vendors who downloaded the ITB document. Additionally, all addendums are posted on the Collier County Purchasing Department E-Procurement website: www.colliergov.net/bid. Before submitting a bid ITB 13-6098R 23 Temporary Personnel Packet Page-1166- 10/22/2013 16.D.6. response, please make sure that you have read all, understood clearly and complied completely with any changes stated in the addenda as failure to do so may result in the rejection of your submittal. 6. Bid Submission All electronic bids shall be submitted online via the Collier County Purchasing Department e- procurement website: www.colliergov.net/bid. Vendors who wish to receive copies of bids after the bid opening may view and download same from the Collier County Purchasing Department Internet bid site. 7. Questions If the vendor should be of the opinion that the meaning of any part of the Bid Document is doubtful, obscure or contains errors or omissions it should report such opinion to the Procurement Strategist before the bid opening date. Direct questions related to this ITB only to the Collier County Purchasing Department Internet website: www.colliergov.net/bid. Questions will not be answered after the date noted on the ITB. Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Purchasing Department E-Procurement website. For general questions, please call the referenced Procurement Strategist identified in the Public Notice. 8. Protests Any actual or prospective respondent to an Invitation to Bid, who has a serious and legitimate issue with the ITB shall file a written protest with the Purchasing Director prior to the opening of the bid or the due date for acceptance of bid. All such protests must be filed with the Purchasing Director no later than 11:00 a.m. Collier County time on the advertised date for the opening of the bid or the acceptance date for the Request for Proposals. 9. Rejection and Waiver The County reserves the right to reject any and all bids, to waive defects in the form of bid, also to select the bid that best meets the requirements of the County. Vendors whose bids, past performance or current status do not reflect the capability, integrity or reliability to fully and in good faith perform the requirements denoted may be rejected as non- responsive. Bids that do not meet all necessary requirements of this solicitation or fail to provide all required information, documents or materials may be rejected as non-responsive. 10. Immigration Affidavit Certification Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet-based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be ITB 13-6098R 24 Temporary Personnel Packet Page-1167- 10/22/2013 16.D.6. used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Vendors/ Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the BidderNendor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's /vendor's proposal may be deemed non-responsive. Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 11. Lobbying All firms are hereby placed on NOTICE that the County Commission does not wish to be lobbied either individually or collectively about a project for which a firm has submitted a bid. Firms and their agents are not to contact members of the County Commission for such purposes as meetings of introduction, luncheons, dinners, etc. During the bidding process, from bid opening to final Board approval, no firm or its agent shall contact any other employee of Collier County with the exception of the Purchasing Department. 12. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) In order to be considered for award, firms submitting a response to this solicitation shall be required to provide a certificate of authority from the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 (www.sunbiz.org/search.html). A copy of the document shall 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. ITB 13-6098R 25 Temporary Personnel Packet Page -1168- 10/22/2013 16.D.6. 13. General Information When it is deemed by the County that a bid cannot be awarded as originally intended, the County reserves the right to award this bid through an approach which is the best interest of the County. Alternate bids will not be considered unless authorized by the ITB. In case of identical bids tying as low bid, the County shall ask vendors to submit certification that they have a drug-free workplace in accordance with Section 287.087 Florida Statutes. Should all vendors provide said certification; the County will give local vendor preference. 14. Bid Award Process Award of contract will be made by the Board of County Commissioners in public session. Awards pertaining to the Collier County Airport Authority will generally be made by that agency's approval Board. Award shall be made in a manner consistent with the County's Purchasing Policy. Award recommendations will be posted outside the offices of the Purchasing Department as well as on the Collier County Purchasing Department website on Wednesdays and Thursdays prior to the County Commission meetings. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Purchasing Director. ITB 13-6098R 26 Temporary Personnel Packet Page-1169- 10/22/2013 16.D.6. Exhibit III: Standard Purchase Order Terms and Conditions 1. Offer delivery; provided that risk of loss prior to This offer is subject to cancellation by the actual receipt of the goods by the COUNTY COUNTY without notice if not accepted by nonetheless remain with VENDOR. VENDOR within fourteen (14) days of issuance. b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise 2. Acceptance and Confirmation specifically stated in this Purchase Order. This Purchase Order (including all documents Unless otherwise provided in Purchase attached to or referenced therein) constitutes Order, no invoices shall be issued nor the entire agreement between the parties, unless payments made prior to delivery. Unless otherwise specifically noted by the COUNTY on freight and other charges are itemized, any the face of this Purchase Order. Each delivery of discount will be taken on the full amount of goods and/or services received by the COUNTY invoice. from VENDOR shall be deemed to be upon the c) All shipments of goods scheduled on the terms and conditions contained in this Purchase same day via the same route must be Order. consolidated. Each shipping container must be consecutively numbered and marked to No additional terms may be added and Purchase show this Purchase Order number. The Order may not be changed except by written container and Purchase Order numbers must instrument executed by the COUNTY. VENDOR be indicated on bill of lading. Packing slips is deemed to be on notice that the COUNTY must show Purchase Order number and objects to any additional or different terms and must be included on each package of less conditions contained in any acknowledgment, than container load (LCL) shipments and/or invoice or other communication from VENDOR, with each car load of equipment. The notwithstanding the COUNTY'S acceptance or COUNTY reserves the right to refuse or payment for any delivery of goods and/or return any shipment or equipment at services, or any similar act by VENDOR. VENDOR'S expense that is not marked with Purchase Order numbers. VENDOR agrees 3. Inspection to declare to the carrier the value of any All goods and/or services delivered hereunder shipment made under this Purchase Order shall be received subject to the COUNTY'S and the full invoice value of such shipment. inspection and approval and payment therefore d) All invoices must contain the Purchase Order shall not constitute acceptance. All payments are number and any other specific information as subject to adjustment for shortage or rejection. identified on the Purchase Order. Discounts All defective or nonconforming goods will be of prompt payment will be computed from the returned pursuant to VENDOR'S instruction at date of receipt of goods or from date of VENDOR'S expense. receipt of invoices, whichever is later. Payment will be made upon receipt of a To the extent that a purchase order requires a proper invoice and in compliance with series of performances by VENDOR, the Chapter 218, Fla. Stats., otherwise known as COUNTY prospectively reserves the right to the "Local Government Prompt Payment cancel the entire remainder of the Purchase Act," and, pursuant to the Board of County Order if goods and/or services provided early in Commissioners Purchasing Policy. the term of the Purchase Order are non-conforming or otherwise rejected by the 5. Time Is Of the Essence COUNTY. Time for delivery of goods or performance of services under this Purchase Order is of the 4. Shipping and Invoices essence. Failure of VENDOR to meet delivery a) All goods are FOB destination and must be schedules or deliver within a reasonable time, as suitably packed and prepared to secure the interpreted by the COUNTY in its sole judgment, lowest transportation rates and to comply shall entitle the COUNTY to seek all remedies with all carrier regulations. Risk of loss of available to it at law or in equity. VENDOR any goods sold hereunder shall transfer to agrees to reimburse the COUNTY for any the COUNTY at the time and place of expenses incurred in enforcing its rights. ITB 13-6098R 27 Temporary Personnel Packet Page -1170- 10/22/2013 16.D.6. VENDOR further agrees that undiscovered VENDOR shall indemnify and hold harmless the delivery of nonconforming goods and/or services COUNTY from any and all claims, including is not a waiver of the COUNTY'S right to insist claims of negligence, costs and expenses, upon further compliance with all specifications. including but not limited to attorneys' fees, arising from, caused by or related to the injury or death 6. Changes of any person (including but not limited to The COUNTY may at any time and by written employees and agents of VENDOR in the notice make changes to drawings and performance of their duties or otherwise), or specifications, shipping instructions, quantities damage to property (including property of the and delivery schedules within the general scope COUNTY or other persons), which arise out of or of this Purchase Order. Should any such change are incident to the goods and/or services to be increase or decrease the cost of, or the time provided hereunder. required for performance of the Purchase Order, an equitable adjustment in the price and/or 11. Warranty of Non-Infringement delivery schedule will be negotiated by the VENDOR represents and warrants that all goods COUNTY and VENDOR. Notwithstanding the sold or services performed under this Purchase foregoing, VENDOR has an affirmative obligation Order are: a) in compliance with applicable laws; to give notice if the changes will decrease costs. b) do not infringe any patent, trademark, Any claims for adjustment by VENDOR must be copyright or trade secret; and c) do not constitute made within thirty (30) days from the date the unfair competition. change is ordered or within such additional period of time as may be agreed upon by the VENDOR shall indemnify and hold harmless the parties. COUNTY from and against any and all claims, including claims of negligence, costs and 7. Warranties expense, including but not limited to attorneys' VENDOR expressly warrants that the goods fees, which arise from any claim, suit or and/or services covered by this Purchase Order proceeding alleging that the COUNTY'S use of will conform to the specifications, drawings, the goods and/or services provided under this samples or other descriptions furnished or Purchase Order are inconsistent with VENDOR'S specified by the COUNTY, and will be of representations and warranties in section 11 (a). '` satisfactory material and quality production, free from defects and sufficient for the purpose If any claim which arises from VENDOR'S breach intended. Goods shall be delivered free from any of section 11 (a) has occurred, or is likely to security interest or other lien, encumbrance or occur, VENDOR may, at the COUNTY'S option, claim of any third party. These warranties shall procure for the COUNTY the right to continue survive inspection, acceptance, passage of title using the goods or services, or replace or modify and payment by the COUNTY. the goods or services so that they become non-infringing, (without any material degradation 8. Statutory Conformity in performance, quality, functionality or additional Goods and services provided pursuant to this cost to the COUNTY). Purchase Order, and their production and transportation shall conform to all applicable 12. Insurance Requirements laws, including but not limited to the Occupational The VENDOR, at its sole expense, shall provide Health and Safety Act, the Federal commercial insurance of such type and with such Transportation Act and the Fair Labor Standards terms and limits as may be reasonably Act, as well as any law or regulation noted on the associated with the Purchase Order. Providing face of the Purchase Order. and maintaining adequate insurance coverage is a material obligation of the VENDOR. All 9. Advertising insurance policies shall be executed through No VENDOR providing goods and services to the insurers authorized or eligible to write policies in COUNTY shall advertise the fact that it has the State of Florida. contracted with the COUNTY for goods and/or services, or appropriate or make use of the 13. Compliance with Laws COUNTY'S name or other identifying marks or In fulfilling the terms of this Purchase Order, property without the prior written consent of the VENDOR agrees that it will comply with all COUNTY'S Purchasing Department. federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non-exhaustive example, 10. Indemnification this shall include the American with Disabilities Act and all prohibitions against discrimination on ITB 13-6098R 28 Temporary Personnel Packet Page-1171- 10/22/2013 16.D.6. the basis of race, religion, sex creed, national conditions of this Purchase Order, provided that origin, handicap, marital status, or veterans' COUNTY has provided VENDOR with notice of status. Further, VENDOR acknowledges and such breach and VENDOR has failed to cure without exception or stipulation shall be fully within 10 days of receipt of such notice. responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 19. General as located at 8 U.S.C. 1324, et seq. and a) This Purchase Order shall be governed by regulations relating thereto, as either may be the laws of the State of Florida. The venue amended. Failure by the awarded firm(s) to for any action brought to specifically enforce comply with the laws referenced herein shall any of the terms and conditions of this constitute a breach of the award agreement and Purchase Order shall be the Twentieth the County shall have the discretion to Judicial Circuit in and for Collier County, unilaterally terminate said agreement Florida immediately. Any breach of this provision may b) Failure of the COUNTY to act immediately in be regarded by the COUNTY as a material and response to a breach of this Purchase Order substantial breach of the contract arising from by VENDOR shall not constitute a waiver of this Purchase Order. breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be 14. Force Majeure deemed a waiver of any subsequent default Neither the COUNTY nor VENDOR shall be by VENDOR. responsible for any delay or failure in c) All notices under this Purchase Order shall performance resulting from any cause beyond be sent to the respective addresses on the their control, including, but without limitation to face page by certified mail, return receipt war, strikes, civil disturbances and acts of nature. requested, by overnight courier service, or by When VENDOR has knowledge of any actual or personal delivery and will be deemed potential force majeure or other conditions which effective upon receipt. Postage, delivery and will delay or threatens to delay timely other charges shall be paid by the sender. A performance of this Purchase Order, VENDOR party may change its address for notice by shall immediately give notice thereof, including all written notice complying with the relevant information with respects to what steps requirements of this section. VENDOR is taking to complete delivery of the d) The Vendor agrees to reimbursement of any goods and/or services to the COUNTY. travel expenses that may be associated with this Purchase Order in accordance with 15. Assignment Florida Statute Chapter 112.061, Per Diem VENDOR may not assign this Purchase Order, and Travel Expenses for Public Officers, nor any money due or to become due without the employees and authorized persons. prior written consent of the COUNTY. Any e) In the event of any conflict between or assignment made without such consent shall be among the terms of any Contract Documents deemed void. related to this Purchase Order, the terms of the Contract Documents shall take 16. Taxes precedence over the terms of the Purchase Goods and services procured subject to this Order. To the extent any terms and /or Purchase Order are exempt from Florida sales conditions of this Purchase Order duplicate and use tax on real property, transient rental or overlap the Terms and Conditions of the property rented, tangible personal purchased or Contract Documents, the provisions of the rented, or services purchased (Florida Statutes, Terms and/or Conditions that are most Chapter 212), and from federal excise tax. favorable to the County and/or provide the greatest protection to the County shall 17. Annual Appropriations govern. 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 ITB 13-6098R 29 Temporary Personnel Packet Page -1172- 10/22/2013 16.D.6. Exhibit IV: Additional ITB Terms and Conditions 1. Additional Items and/or Services During the contract term, Collier County reserves the right to add related items and/or services upon negotiation of a satisfactory price by the Project Manager and Vendor. 2. Conflict of Interest Vendor shall provide a list of any businesses and/or organizations to which the firm has any affiliation or obligations within the past five (5) years; whether paid or donated, which could be construed by the County as a conflict of interest. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 3. Vendor Performance Evaluation Collier County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of agreement. 5. Use of Subcontractors Bidders on any service related project, including construction, must be qualified and directly responsible for 100% or more of the solicitation amount for said work. 6. Deductions for Non-Performance The County reserves the right to deduct a portion of any invoice for goods not delivered, or services not performed in accordance with requirements, including required timeframe. The County may also deduct, or chargeback the Vendor the costs necessary to correct the deficiencies directly related to the Vendor's non-performance. 7. Offer Extended to Other Governmental Entities Collier County encourages and agrees to the successful vendor extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful vendor. 8. Environmental Health and Safety All Vendors and Sub vendors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-of-way for the purpose of inspection of any Vendor's work operations. This provision is non-negotiable by any department and/or Vendor. ITB 13-6098R 30 Temporary Personnel Packet Page-1173- 10/22/2013 16.D.6. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 9. Standards of Conduct The Vendor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Vendor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Vendor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 10. Licenses The Vendor is required to possess the correct professional and other licenses, and any other authorizations necessary to perform the required work pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of all the required licenses must be submitted with the bid response indicating that the entity bidding, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the ITB documents. Failure on the part of any vendor to supply this documentation with their bid response may be grounds for deeming vendor non-responsive. A Vendor with an office within Collier County is required to have an occupational license. All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain "active" in Collier County. Questions regarding professional licenses should be directed to Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required Business Tax Receipt (formerly known as Occupational Licenses) should be directed to the Tax Collector's Office at (239) 252-2477. 11. Protection of Property The Vendor shall ensure that the service is performed in such manner as to not damage any property. In the event damage occurs to any property as a direct result of the Vendor or their Sub vendor in the performance of the required service, the Vendor shall repair/replace, to the County's satisfaction, damaged property at no additional cost to the County. If the damage caused by the Vendor or their Sub vendor has to be repaired/replaced by the County, the cost of such work will be deducted from the monies due the Vendor. ITS 13-6098R 31 Temporary Personnel Packet Page -1174- 10/22/2013 16.D.6. 12. Prohibition of Gifts to County Employees No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 13. Invoice and Payments 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: bccapclerkacollierclerk.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. Collier County cautions vendors to consider both methods of payment when determining pricing as no additional surcharges or fees will be considered (per Rules for VISA Merchants and MasterCard Merchant Rules). 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 shall be submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices must be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized by the Project Manager. Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- ITB 13-6098R 32 Temporary Personnel Packet Page-1175- 10/22/2013 16.D.6. payment under the legal doctrine of"laches" as untimely submitted. Time shall be deerneu OT me essence with respect to the timely submission of invoices under this agreement. In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 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. 14. Insurance Requirements The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in Insurance and Bonding Requirements Attachment of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining, its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida The amounts and types of insurance coverage shall conform to the minimum requirements set forth in the Insurance and Bonding Requirements Attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. ITB 13-6098R 33 Temporary Personnel Packet Page -1176- 10/22/2013 16.D.6. The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 15. Security and Background Checks If required, Vendor/ Contractor/Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department, and drug testing for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four(4) years. 16. Grant Compliance The purchase of any goods and/or services that are funded through Federal Grant Appropriations, the State of Florida, or any other public or private foundations shall be subject to the compliance and reporting requirements of the granting agency. ITB 13-6098R 34 Temporary Personnel Packet Page -1177- • 10/22/2013 16.D.6. l d minfsll n i41 no rdic.€i Divi; orl ''Uf 1.I`iIllq Attachment 2: Vendor's Check List IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign in the spaces indicated and return with bid. Vendor should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked, if applicable. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. 8. Addendum have been signed and included, if applicable. 9. All Grant Forms have been signed and returned as applicable. 10. Affidavit for Claiming Status as a Section 3 is signed and returned. 11. Immigration Affidavit and company's E-Verify profile page or memorandum of understanding. 12. Copies of licenses,(HQS HUD Quality Standards) certification, equipment lists, subcontractors or any other information as noted in this ITB. 13. The mailing envelope must be addressed to: Purchasing Director Collier County Government Purchasing Department 3327 Tamiami Trail E - Naples FL 34112 The mailing envelope must be sealed and marked with: • Solicitation: 13-6098R—"Temporary Personnel" (Grant Related) • Opening Date: July XX, 2013 14. The bid will be mailed or delivered in time to be received no later than the specified opening date and time. (Otherwise bid cannot be considered.) ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. \PikatA-54ffi I Co ii•any Nam i 2?rtsicl Signature &T'tl 1--a o I -3 Date ITB 13-6098R 36 Temporary Personnel Packet Page -1178- 10/22/2013 16.D.6. (Goalie— —ava_po-v ?^,rlr rri it"1rr�li�e` ;r ices!;it isian irchasinq Attachment 3: Vendor Submittal - Bid Response Form FROM: Ptip1--vii-64- r9 I S-eriAricti irk Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: Solicitation: 13-6098R Temporary Personnel (Grant Related) Dear Commissioners: The undersigned, as Vendor, hereby declares that the specifications have been fully examined and the Vendor is fully informed in regard to all conditions pertaining to the work to be performed for as per the scope of work. The Vendor further declares that the only persons, company or parties interested in this Bid or the Contract to be entered into as principals are named herein; that this Bid is made without connection with any other person, company or companies submitting a Bid; and it is all respects fair and in good faith, without collusion or fraud. The Vendor proposes and agrees if this Bid is accepted, to contract, either by a County issued purchase order or formal contract, to comply with the requirements in full in accordance with the terms, conditions and specifications denoted herein. Any discounts or terms must be shown on the Bid Response Form. Such discounts, if any, will be considered and computed in the tabulation of the bids. In no instance should terms,for less than fifteen (15) days payment be offered. Prompt Payment Terms: _a_% Days; NetgODays Bid Response Form is electronic. Vendors are required to provide the following in order to be • considered for an award of this contract. 1. Submit percentage mark-up for each category. 2. Provide evidence as to the number of years that the firm has been in business in the space provided on the Proposal form. 3. Attachment 8: Reference - Provide five (5) completed references from previous and current clients regarding its past performance in the delivery of the services set forth in this bid invitation. In addition _ to reviewing the information submitted and contacting the references listed in the bid offer, the County reserves to right to investigate and consider any complaints or other concerns raised pertaining to the past performance or conduct of the bidder(s) or employee(s). 4. Completed Attachments 2, 3, 5, 6, 7 and 9. ITS 13-60988 37 Temporary Personnel Packet Page -1179- 10/22/2013 16.D.6. Note: If you choose to bid manually, please submit an ORIGINAL and •► • `Y of your bid response pages. The undersigned do agree that should this Bid be accepted, to execute a formal contract, if required, and present the formal contract to the County Purchasing Director for approval within fifteen (15) ,ts after being notified of an award. IN WITNESS WHEREOF/WE have hereuntgsubscribed our names on this 25� day of , 201,2 in the County of t to t V , in the State of F � Firm's Complete Legal Name tvha --S+M E r ' 1 S--L2 - rm LL( Address 33W ,s() I t-e. ZZZ� City, State, Zip Ivl k rt'ffl-a i "PLOY t,C 33L Z_ 7 Florida Certificate of Authority L_0 I 0 O( ( 0 to J q-7 Document Number r Federal Tax Identification " 04 LL (, q 2' Number Telephone Number G51-f--`-1- L4 2-17 1-1-/-1 FAX Number " " 3 14'- Zg Z q Signature/Title get4 L Type Name of Signature12� Date IZS Z01. 3 Additional Contact Information Send Payments To: (REQUIRED ONLY if different from above) Firm's Complete Legal Name Address City, State, Zip Contact Name Telephone Number FAX Number — Email Address d 13-6098R 38 Temporary Personnel Packet Page-1180- 10/22/2013 16.D.6. A Attachment 4: not used Attachment 5: Vendor Submittal—Immigration Affidavit Solicitation: 13-6098R Temporary Personnel (Grant Related) This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's)and Request for Proposals (RFP) submittals. Further,Vendors/Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program, may deem the Vendor/ Bidder's proposal as non-responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien worker$, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e)Section 274A(e)of the Immigration and Nationality Act("INA"). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A(e)of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E- Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the • Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's/Bidder's proposal. / Company Name A// C1_. 14—r `J(7I 2/2 -f1 / �� Print Name ':,_"7 ei /744—K-.1i.� Title rl°,S/C� Signature (;(/�ln_�- I 6, Date State of ,CY(6CI County of 1U)Li rte 7 he foregoing instrument was signed and acknowledged before me this f day of f I ,2u , uy 1 T K-l/ ' ' ho has produced L L-- as identification. (Prin or Type Name) (Type of Identification and Number) 4 ry Public Signature Cc, l -9. I�- ,.;;,ti 4;WENDOLTh HARRIS u IA -1.i." "a�y NOTARY PUBLIC Printcd Name of Notary Public 1; ', {�� ��STATE OF FLORIDA '1 t'"t;T Comm#DD984601 Notary Commission Number/Expiration '!4 1-0' r: �ire:4 4/3012014 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. ITB 1:-6098R 39 Temporary Personnel Packet Page-1181- 10/22/2013 16.D.6. Attachment 4: not used Attachment 5: Vendor Submittal—Immigration Affidavit Solicitation: 13-6098R Temporary Personnel (Grant Related) This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's)and Request for Proposals (RFP)submittals. Further,Vendors/ Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verifv program, may deem the Vendor/ Bidder's proposal as non-responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien worker:;, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e)of the Immigration and Nationality Act("INA"). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A(e)of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e) of the INA shall be ground;for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E- Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Jepartinent of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's/Bidder's proposal. ��II / Company Name /-/p A C)!,S-t-/4 /Y7% /�`..1�'/`iG/t /F'i'I") Print Name �`7t 41 E— I- -')2-K-/S Title rP,s/d_ Signature / (,(/ -2--(i -- Date State of—TLOY(6 CI County of i1� 1 1f i he foregoing instrument was signed,and acknowledged before me this day of 4ACt ,2u__, by ho has produced 1-' L-- as identification. (Prin or Type Name) (Type of Identification and Number) 4 c-----Ea ri Public Signature G n � - S ? miiNDOL'3V HARRIS f , N�IARY PUBLIC Neale of Public ,;WOK,': id t5TA ft:OF FLORIDA Notary Commission Number/Expiration );il; r,--"re:'4130/201,1 The aignee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. ITS 1;-6098R 39 Temporary Personnel Packet Page -1182- 10/22/2013 16.D.6. Home https://e-verity.uscis.govrtug,r vlstugit.aspxtJJ=Y C.J i,; Welcome User ID Lasl login Click any': for help Garrie Harris GHAR1051 08:45 AM-08/20/2013 My Cases Do Not Submit Test Cases In E-Verify 08/11/2013 USCIS wants to remind employers that they may not create test cas... E-Verity Connection Issue 14 is Now My Profile Available 07/31/2013 The July issue of E-Verity Connection features updates to i - '1 keep em... _..._: Update to RIDE 07/09/2013 Need Help? Beginning July 14,2013 Idaho is the newest state to join My Company Click any icon for more information or contact the Rec... us at 888-464-4218 or E-Verify Enhancements 07/0112013 E-Verify has a new and improved way to engage directly with emplo... My Reports You Have No Case Alerts at this Time My Resources lLl I'LL EQLI . LL .l . ;�� Lc c_ot=k, ' _, �L ifi:i�:ai Lt ��� �` �ttir.� I .... I of l Packet Page-1183- 8/20/2013 9:50 AM 10/22/2013 16.D.6. Company ID Number: THE E-VERI FY PROGRAM FOR EMPLOYMENT VERIFICATION MEMORANDUM OF 'UNDERSTANDING ARTICLE PURPOSE AND AUTHORITY This Memorandum of Understanding (MOU sets fort th poin,$ re; nt be � the Department of Homeland Security(OHS)and .ir /1 Gl' � (Employer) regarding the Employer's particip=tion in the Employment hgibility 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 eliaibility to work in the United States after completion of the c bili Verification 9; For covered government contractors. Employment Eligi..l It';, rifi„aticn Form (Form e;. 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 V. Subtitle A. of the Illegal immigration Reform and Immigrant Responsibility Act of 1.926 (iIRIRA). Pub. L. 10--208. "0 Stat. 600°. 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 22:8. 'Employment Eligibility Verification'. of the Federal Acquisition Regulation (FAR;: (hereinafter referred to in this iMCU 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 be b _ SSA vo e by the Privacy (5 U.S.C. 5 Security' autnoriz d .,y SSA as ao_. rn d .., th Prig:�a;,; Act ,,. '..S.^. � �-�2a. the Social S �urity Act i;42 U.S.C. 306(a;, and SSA regulations (20 CFR Part 40' of _ for=mpio:er _o' at_r r www.dhs.gov(E•Verify Packet Page-1184- 10/22/2013 16.D.6. Company ID Number: '.O L-Y-(07F/Z 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 ben ,ary in such cases, SSA will provide additional verification instructions. B. RESPONSIBILITIES OF DHS 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 Emp,o;per to conduct. to the extent authorized by this IvIOL: • Automated verification checks on employees by electronic means. and • Photo verification checks (when available) on employees. 2. OHS agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E-Verify program. OHS 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 OHS. including restrictions on the use of E-Verify. DHS agrees to provide training materials on E`•Verify. 4. DHS agrees to provide to the Employer a notice. which indicates the Empioyer'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 .(CSC;. Civil Rights Division. U.S. Department of justice, 5. OHS 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. OHS agrees to safeguard the information provided to DHS by the Employer. and to limit access to sucn 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 Nationality Act (INA) and Federal criminal laws. and to administer Federal contracting requirements. 2 of rr '. o =m, o-- or::a t€- www.dhs..gov1E-Verify Packet Page -1185- 10/22/2013 16.D.6. Company ID Number(-71 umber. 4111- r / O S 7. DHS agrees to provide a means of automated erifiication that is designed in conjunction with SSA verification procedures) to provide confirmation or tentative n on confirmation 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 'C Federal Government work days of the date of referral to DHS. unless DHS determines that more than ,,D 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 empioyees 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- V erify. 3. The Employer agrees to become familiar with and comply with th e most recent version of the E-Verify User fvlanual. 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. Tne Employer agrIIes 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 !-°, procedures. with two exceptions: • an employee presents a "List B" identity document. the Employer agrees to only accept"List B" documents that contain a photo. (List E documents identified in 8 C.F.R. §274a.2ib t':;(B) can be presented during the Form ,-e process to establish identity.) if an employee objects to the photo requirement for religious reasons. the Employer should contact EVerify at 888-464-4218. • if an employee presents a DHS Form 1-551 ;Permanent Resident Card) or Form 1-766 (Employment Authorization Document;to comp:ete the Form 1-9. the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form i-J. The photocopy must be of sufficient quality to allow for verification of the photo and written information. The employer will use,the photocopy to verify the photo and to assist DHS with its review of =T12= _ fai mate www.dhs.goviE-Verify • Packet Page -1186- 10/22/2013 16.D.6. Company ID Number: "�.�t � �� �- 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 I CH:S may in the future designate other documents that activate the photo screening too, 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 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 2748 of the INAwith respect to Form 9 procedures. I- cep r.�., t 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 above: (2) a rebuttable presumption is established that the Employer has not violated section 274A(a)i'AA) of the immigration and Nationality Act (IN.A) 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 8.850 and 61.'.00 for each failure to notify OHS 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 274Aiat';,:Ai if the Employer continues to employ an employee after receiving a final nonconfirmation: and no person or entity participating in E-Verify is civilly or crimin.aily liable under any law for any action taken in good faith based on information provided through the confirmation system. OHS reserves tne right to conduct Form 1 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 1-8 nes been completed). and to complete as many (but only as many) steps of th e E-Verify process as are necessary according to tne 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 nired 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 in circumstances where tne employee has applied for a Social Security Number ISSN; 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 avahabe. 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 ivlOU, Employees must use E-Verify for all new employees, unless an Employer is a Federal contractor that quaiifies for the exceptions described in Article C. .c. Except as provided in Article l .C. the Employer will not verify selectively and will verify hired before the effective date of this 11CU. The Employer not rift' mp:o ....� :. understands that if the Employer uses the E-Verify system for any purpose other than as io:'_mpioj._r WNW.dhs.g av!E-Verify Packet Page-1187- 10/22/2013 16.D.6. Company ID Number: 0, C '4-(�7K1-7 Z authorized by this 1';100. 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 iii. be 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 Artice I1I.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 OHS 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 OHS 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 CSC at 1-800-255-8155 or 1-800-237-251 5 (TOD) The Employer agrees to comply with Title ` U of the Civil Rights Act of '964 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 274Bca•(3) of the INA. because of his or her citizenship status. The Employer understands that such i':egai 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 nonconfirmations. 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 274B of the INA cr Title VII may also lead to the termination of its participation in E-Verify. if the Employer has any questions relating to the anti-discrimination provision. it should contact CSC at 1-800-2,55-8755 or 1-800-237-2515 (TDD . =$ '_. E girl(•er WWW.dhs.govfE-Verify Packet Page -1188- - - 10/22/2013 16.D.6. Company ID Number:30 �`�/ /((• P7C2-- '2. ins Employer agrees to record the case verification number on the employee's Form or to print the screen containing the case verification number and attach it to the employee's Form , .3. The Employer agrees that it will use the information it receives from SSA or DHS pursuant to E-Verify and this Iv1OU 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 n ^s=vary 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. The Employer acknowledges that the information which it receives from SSA is governed by the Privacy Act l5 U.S.C. § 552a(i):'; 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. 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 r eview Forms i-9 and other employment records and to interview it and its empoyees regarding the Employers 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. RESPONSIBILIl1ES OF FEDERAL CONTRACTORS WITH THE FAR E•VERIFY CLAUSE The Employer understands that if it is a subject to the employment verification terms in Subpart 22.'.8 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 Federai Contractors and the E-Verify Suppiem,enta! Guide for Federal Contractors. b. Federal contractors with the FAR E-Verif° clause agree to complete a tutorial for Fedora;contractors with tie FARE-Verify cause. Federal contractors with the FARE 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. witnin 50 days of enrollment. begin to use E- Verify to initiate verification of employment eligibility of new hires of the Employer who pi"; are workina in the United States. w,w.hether or not assigned to the contract. Once the Employer begins verifying new hires. such verification of new hires must be initiated of _ _ . r -for_n-;:., _. -._..s; ;,_-e._ . __ www.dhs.gov'E-Verify Packet Page -1189- 10/22/2013 16.D.6. Company ID Number: 3C.) (e??_ Z 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 employees assignment to the contract. wnichever 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 assianed 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. a. 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 r,as defined at 20 U.S. ✓. ''00'ra)). 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 assianed to the Federal contract. Such Federal contractors with the FAR E-Verify clause may. however. elect to verify all new hires. andior all existing employees hired after November 6. 1986. The, provisions of Article i.D. paragraphs '.a and '.b of this MCU 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 FARE Verify clause may elect to verify employment eligibility of a_' existing emp oyees worKing in the United States who were hired after November 6. 086. instead of verifying only new employees and those existina employees assigned to a covered Federal contract, After enroment. Employers must elect to do so only in the manner designated by OHS and initiate E-Verify verification of all existing employees within 180 days after the election. a. 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 -9 for all existing amp ogees other than those that are completely exempt from this process. Federal contractors with the FAR E-Verify cause may also update previously completed Forms I-9 to initiate E-Verify verification of existing employees who are not completely exempt as long as that Form .-9 is complete (includina the SSN;. complies with Article Ii.C.5. the employee's work authorization has ='a e.'o; - _ .=rr:'. __ for Employes =.o _a: c, www.dh s.g oviE-Verify Packet Page-1190- 10/22/2013 16.D.6. Company ID Number: - `-( `r tf - not expired. and the Employer has reviewed the information reflected in the Form I-9 either in p e rson or in communications th e employee to that th e employee's stated basis in section 1 of the Form -9 for work authorization has not chanced (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 complies .witn Article .C.5. if the employee's basis for work authorization as attested in section ' has expired or chanced. or if the Form 1-9 contains no SSN or is otherwise incomplete, the Employer shall complete a new 1-9 consistent with Article I1,0,5. or update the previous I-9 to provide the necessary information. if section of the Form I-9 is otherwise valid and up-to-date and the form otherwise complies with Article 11.0.5. but reflects documentation i;sucn as a U.S. passport or Form -55' that expired subsequent to completion of the Form i-9. the Employer snail not require the production of additional documentation. or use the photo screening tool described in Article 1a,0.5 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 FARE Verify cause. 2. The Employer understands that if it is a Federal contractor with tee FAR E-Verify clause. its compliance with this ivlOU is a performance requirement under the terms of the Fedora: 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 otner officials authorized to review the Employer's compliance witn 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 s ystem and provide it to the employee so that employee may determine whetnerhe or sne will contest the tentative nonconfirmation. Tie Employer must review the tentative nonconfirmation with the employee in private, The r p oyer will refer employee- SSA field offices only as directed by the 2. i� cm a employees to 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 Empioyer 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 :attar 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 wwitnin Federal Government work days of the =<<_ a of _.-r; _ ._ =n plc.ere• --.,sc)„ www.dhs.gov E-Verify Packet Page -1191- 10/22/2013 16.D.6. Company ID Number:� referral unless it determines that more than '0 days is n ary. The Employer agrees to c.-„heck 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 . If the Employer receives a tentative nonconfirmation issued by OHS. 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 w•,nether 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 OHS only when the employee chooses to contest a tentative nonconfirmation received from OHS 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 non confirmation as soon as possible after the Empoyer receives it. 4. If the employee contests a tentative nonconfirmation issued by DH.S. the Employer will provide the employee with a referral letter and instruct the employee to contact OHS through its toil-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 w ill ll p rovide the employee with a referral letter to OHS. 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. 8. 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 ! or Form -766 to OHS for review by: • Scanning and uploading the document. or • Sending a photocopy of the document by an express mail account ,ipaid for at employer expense , 7. If the Employer determines that there is a photo non-match when comparing the photocopied List E document described in ,=article 11.0.5 ..itn the image generated in E- Verify. the Employer must forward the employees documentation to OHS using one of the means described in the preceding paragrapn. and allow DHS to resolve the case.• „of ._ .irify -I.i: =(r1N:o:'.i! LE 114, !:(!i .__ www.dhs.gov'E-Verify Packet Page-1192- 10/22/2013 16.D.6. Company ID Number 07E( ARTICLE 1V SERVICE PROVISIONS SSA and OHS will not chance the Employer for verification services performed under this MOLL 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 ail parties. and shall continue in effect for as long as the SSA and DHS conduct the E-Verify program unless modified in writina 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. >:ill be covered under this MOU and will not cause the need for a supplemental f:1OU 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 Manua. the E-Verify User Manual for Federal Contractors or the E-Verify Supplemental Guide for Federal Contractors. Even without changes to E-Verify. OHS reserves the right to require employers to take mandator;' refresher tutorials. An Employer that is a Federal contractor with tne 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 OHS. 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 eliaibiiity of ail newly hired empio yee.s. B. Notwithstanding Article V. part A of this MOU. OHS may terminate this fv1OU if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or OHS that there has been a breach of system integrity or security by the Employer. or a failure on the part of tne 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 PJIOU by any party for any reason may negatively affect its performance of its contractual responsibilities. C. Some or all SSA and OHS responsibilities under this F'.IOU may be performed by contractort.s;. and SSA and DHS may adjust verification responsibilities between each other as they may determine necessary. By separate agreement with OHS. SSA has agreed to perform its responsibilities as described in this 1'00U. D. Nothing in this fv1OU is intended. or shnouid 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. Pt-lg.?. of 1:":. E-Verify _for Employ er s or „e -- WNW.dhs.gor/E-Verify Packet Page-1193- 10/22/2013 16.D.6. Company ID Number: 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 lability wherefrom. including but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 4O3ld; 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 CHS 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;. O. 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 tnis MOU on benaif of the Employer and DHS respectively. To be accepted as a participant in E-Verify, you should only sign the Employer's Section of the signature page. If you have any questions, contact E-Verify at 888- 464-4218. :Employe r S`.am_ a se-p .a=rrit; �r��k • a,= e ,n iZo_ Dpartment of Hom and Security-Verification Division ,'.OrMie. I_a.SE- ;P_ 0i Drica: Rig . mature Zc,[e ='a';— -. E-'..-:-.[f.. .,._ f L✓_mp o. v.._;ti 261e._ . www.dh s.g ov/E-Verify Packet Page -1194- - - - 10/22/2013 16.D.6. Company ID Number: Information Required for the =-Verify Program Information relating to your Company: Co—. an;Na,M:e: P\ S ■ J-- S4 --H-II i iSea f i� ? i�` 11- C,om Et Address; 33 CO S W I ' Nagy Fa;,;.. �ri • u t £ I l V'1ovamAr 33oz-7 Oc oar, A.teriate .Addr ss: CoJity• crFar.s.?_ rci Emp cyer ident=cato-t Number: D- 6LcLD7 X — Nott Amerce-, incLstry C.as_ catc-1 Systems o? CO 13 2 Code: CD Admmistrator: N oer c-Emo'• _es: N ..mter S tes .er`ed =c r. Are you verifying for more than 1 site? If yes, please provide the cumber of sites verified for in each State: Stare Nurib OF S s i ',2or .. _ .=rr: ._ ., _m,. .e .c. _at- www.dhs.gov!E-Verify Packet Page -1195- 10/22/2013 16.D.6. f. Company ID Number: 3 0 - Co7C 'Information relating to the Program Administrator(s)for your Company on policy questions or operational problems: Name: cl-k—e--fa 16 S Telephone Number: 73 Fax Number: _ Email Address: sInformation relating to the Program Administrator(s)for your Corn pany on policy questions or .operational problems: Name: CA,1(1A--12- Telephone Number: Fax Number: E-mail Address. Enip -1 ,s-on www.dhs.gov/E-Verify Packet Page-1196- 10/22/2013 16.D.6. Arir0!I li:;'1..91:VA nm5ir,r •!-i.rnq Attachment 6: Vendor Substitute W-9 Request for Taxpayer Identification Number and Certification • In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County(including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or bid. 1. General Information(provide all information) — Taxpayer Name ' P • "rikWIIM■ rt� (as shown on income tax return) _ Business Name (if different min laL V aaye naW e) Z- -'Address City 1 l�rOZ/IEh7 a State (��(f (' Zip gyp- / -/Telephone -tom' -1' T 9S F z– 0 Email ��d 'e`—' ' �/g/9/0.g.s/tIt q Order Information Remit/Payment Information Address � Address S 2 r City State Zip _ City State Zip FAX FAX Email Email 2. Company Status(check only one) _Individual/Sole Proprietor V c=orporation _Partnership _Tax Exempt(Federal income tax-exempt entity ✓Limited Liability Company • under Internal Revenue Service guidelines IRC //�C 501 (c)3) C- 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) 30 - 0 (Vendors who do not have a TIN,will be required to provide a social security number prior to an award of the contract.) - 4. Sign and Date Form Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. Signature '11r.14 iggar Pre - Date kSSTArler - Title ' 4 Phone Number 91 -2.7 ITB 13-6098R 40 Temporary Personnel Packet Page -1197- 10/22/2013 16.D.6. (...r Er i4:r;;.:' `r !"s[$Ilil'alati i'In :`.ervb ;Division .:hnc;ing Attachment 7: Vendor Submittal - Insurance and Bonding Requirements Insurance/Bond Type Required Limits 1. El Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. 123 Employer's Liability $1,000,000single limit per occurrence 3. 12]Commercial General: Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. E3 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. El Automobile Liability $500,000 Each Occurrence; Bodily Injury& Property Damage, Owned/Non-owned/Hired; Automobile Included 5. El Other insurance ,as ❑Watercraft, $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act)shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ® Employment Practices Liability • $1.000.000 per claim and in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ITB 13 6098R • 41 Temporary Personnel Packet Page -1198- • 10/22/2013 16.D.6. ❑ 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. [ 1 Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. [I Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. [Et The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, 11. El Thirty(30) Days Cancellation Notice required. Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm �--�r l� ! ' `� t Date .7)7-3-12-0 Vendor Signature — Print Name X12 / j- Insurance Agency �1 rCA Agent Name L.Kul Telephone Number 17/0-6)4P7-f7333 ITB 13 60988 42 Temporary Personnel Packet Page-1199- 10/22/2013 16.D.6. ._eoaanty Administrative SeivIcr,,Cnvislon r'unta;inq Attachment 8: Reference Questionnaire Solicitation: 13-60988 Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: Company: (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: FAX: Telephone: Collier County is implementing a process that collects reference information on firms and their key personnel to to 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 agair). 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." #of Crays to Place Laborer: • #of Months Laborer was Placed: `.ern ..Cl feria, Sbbte 1 Ability to manage the client's personnel costs(minimize change of personnel). 2 Ability to maintain the client's schedule (ability to place temporary workers on schedule). 3 Quality of work.. 4 Quality of consultative advice provided to the client. 5 Professionalism and ability to manage personnel. 6 Billing and invoicing (invoices complete and accurate.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected circumstances. 9 Ability to follow company policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS Please FAX this completed survey to: By ITB 13 6098R 13 Temporary Personnel Packet Page -1200- 10/22/2013 16.D.6. Adrnmistsnv i sC h ision Attachment 8: Reference Questionnaire Solicitation: 13-6098R Reference Questionnaire for: \Aa 1 6 rtqi 5 -F►rryi LL .- (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: i\-■0.CONDI P-e t Company: M t c bc/c - Cvu A- (Evaluator completing reference questionnaire) (Evaluator's Company completing refe ence) Email: tieitvlr 375--17"1-07 Telephone:3CS-,3 7 S-253 7.S •Collier County is implementing a process�t 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/ndivdival 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." #of Days to Place Laborer: #of Months Laborer was Placed: Item Citeria Score 1 Ability to manage the client's personnel costs (minimize change of personnel). 2 Ability to maintain the client's schedule(ability to place temporary workers on schedule). 3 Quality of work. 4 Quality of consultative advice provided to the client. 5 Professionalism and ability to manage personnel. 6 Billing and invoicing(invoices complete and accurate.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected circumstances. 9 Ability to follow company policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS Please FAX this completed survey to: By 'TB 13.6098R 43 Temporary Personnel Packet Page -1201- 10/22/2013 16.D.6. Code: �_=.oa my Administrative Services Division Fur:ha.in9 Attachment 8: Reference Questionnaire Solicitation: 13-6098R Reference Questionnaire for: yl Q�G �0 may - ►Y� I se i L.—Pm(Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name `e reSA- -S rr-ef Company: zrevx (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email:7'.si°✓reftr0 vz i�fv✓r r AX �3- 1/77' Telephone:1 b 113 Tele hone: 30S J 5-9 76, S 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 ycu 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." #of Days to Place Laborer: #of Months Laborer was Placed: Item Citeria Score 1 Ability to manage the client's personnel costs (minimize change of personnel). 2 Ability to maintain the client's schedule(ability to place temporary workers on schedule). 3 Quality of work. 4 Quality of consultative advice provided to the client. 5 Professionalism and ability to manage personnel. 6 Billing and invoicing(invoices complete and accurate.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected circumstances. 9 Ability to follow company policies, procedures, rules, regulations, etc. - 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS Please FAX this completed survey to: By ITB 13 6098R 43 Temporary Personnel Packet Page-1202- 10/22/2013 16.D.6. P:dnuni:;Ii bee:Seivcs Division ' MCI Attachment 8: Reference Questionnaire Solicitation: 13-6098R Reference Questionnaire for: l ‘ i,,441 y (S•e(2# T►/2-14- — (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) JO Name: C I� oc/r u e Z' Company: Aa/-So 4-C1-k C_ (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) >/ Email: Toegy r olso fit 11 C '�-4' FAX: Telephone -44/29 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 ycu 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 scared"0." #of Gays to Place Laborer: #of Months Laborer was Placed: Item Citeria Score 1 Ability to manage the client's personnel costs (minimize change of personnel). 2 Ability to maintain the client's schedule (ability to place temporary workers on schedule). 3 Quality of work. 4 Quality of consultative advice provided to the client. 5 Professionalism and ability to manage personnel. 6 Billing and invoicing(invoices complete and accurate.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected circumstances. 9 Ability to follow company policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future(customer satisfaction). TOTAL SCORE OF ALL ITEMS - Please FAX this completed survey to: By ITB 13 6098R 43 Temporary Personnel Packet Page-1203- 10/22/2013 16.D.6. } Administrative Servlcns Division tvrhasing Attachment 8: Reference Questionnaire Solicitation: 13-6098R �j- Reference Questionnaire for: /p / a �7_ "T ' / e 'c' (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name:D 'YJk I)o S-01— Company: G, ,1-114/ 4, �e i 1/, e-e—eoF r (Evaluator completing reference questionnaire) (Evaluator's Company completing referenc€) Email. r ce.16,7,57C/3t r a h,;•[vv.) FAX: Cf:,33- ...S-3/CI Telephone::JOS " '3? 7 2 Collier County is implementing a process that collects reference information on firms and their key personnel to be us 3bi 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 agair). 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." #of Clays to Place Laborer: #of Months Laborer was Placed: 'tern Scofe . . ; 1 Ability to manage the client's personnel costs(minimize change of personnel). 2 Ability to maintain the client's schedule(ability to place temporary workers on schedule). 3 Quality of work. 4 Quality of consultative advice provided to the client. 5 Professionalism and ability to manage personnel. 6 Billing and invoicing(invoices complete and accurate.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected circumstances. 9 Ability to follow company policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS Please FAX this completed survey to: By +f 6 13 60988 43 Temporary Personnel Packet Page -1204- 10/22/2013 16.D.6. .11.1"'.itlq Attachment 9: Affidavit and Certification for Claiming Status as a Section 3 Business Solicitation#13-6098R This project is subject to the provisions of Section 3 of the Housing and Urban Development Act of 1968(12 U.S.C. 1701 u). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by certain HUD Housing and/or Community Development Assistance shall, to the greatest extent feasible, and consistent with existing Federal, State, and local law and regulations, be directed to low- and very-low income persons and to business concerns which provide economic opportunities to low-and very-low income persons. A Section 3 business concerned is defined as follows: 1 That is 51 percent or more owned by Section 3 residents; or 2 Whose permanent, full-time employees include persons,at least 30 percent of whom are currently Section :o residents, or within three years of the date of first employment with the business concern were Section 3 residents; or 3 That provides evidence of a commitment to subcontract in excess of 25 percent of the dollar award of all subcontracts to be awarded to business concerns that meet the qualifications set forth in section one or two above. In conformance with Section 3 federal regulations (24 CFR Part 135), Collier County shall direct efforts to award Section 3 covered contracts, to the greatest extent feasible, to Section 3 business concerns in the order of priority listed below: . 1 Category 1 businesses: Section 3 business concerns that provide economic opportunities for Section 3 residents in the service area or neighborhood in which the Section 3 covered project is located; 2 Category 2 businesses: Applicants(as this term is defined in 42 U.S.C. 12899) selected to carry out HUD HOUSING AND/OR COMMUNITY DEVELOPMENT ASSISTANCE Youthbuild programs; 3 Category 3 businesses: Other Section 3 business concerns. A business concern seeking to qualify for a Section 3 contracting preference shall certify that the business concern Is a Section 3 business concern as described above. Vendor Name: � fl I c , ,./�'1"-- Date: 7/2-S Z 03 Address: �1N I Lf0 - .fit I +-e— 7;2.— y • c � Title: /2-0—/-3 I C Signature: �—' STATE OF FLORIDA COLLIER COUNTY cg.LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this 23 Day of 20 . My Commission Expires: Notary Public (AFFIX OFFICIAL SEAL) t i ITB 13 6098R "\ 44 Temporary Personnel Packet Page -1205- 10/22/2013 16.0.6. 00000 ,4 Fp if> ' RI to to to to o o 0 0 0 txl 0.) ) (c? ; 0 cnoo 1.9„ i im 0000Ot.', , , tn t, ci) o 2 3 CO 1 0 ci) 0 3 5 6 t ; ?c, 0 c) 1 5 •g3 Fi (5), 11'.'; (f I IC:D3 r-,(1) rn-.. !fk, o =t g F o i e S: 1111 I 10:J 'a gi• Cf) Er. 0_ i 1 F 11, \OJ Lu, --- 0 .0 0 t.; coccoc Packet Page -1206- 10/22/2013 16.D.6. � � � � NK C D mmmmm ow 0 0 0 0 0 = O R co a, 01 A W N -+ W X CID CD • C) CC) C) C) C) tn ,5g o CD c o o co K CD al 0 m CD ca x co N ? 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