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Agenda 11/12/2013 Item #16E 711/12/2013 16.E.7. n EXECUTIVE SUMMARY Recommendation to award Invitation to Bid (TTB) #13 -6049, "Protective Footwear (Shoes and Boots)" to Vic's Boot and Shoe, Inc. and to authorize the use of the National Joint Powers Alliance Contract (NJPA) for Payless Shoe Source as an alternate contract source. OBJECTIVE: To provide personal protective safety equipment to County staff to minimize foot and ankle injuries. CONSIDERATION: Pursuant to CMA #5902, Workplace Safety and Health Policy, Collier County Government voluntarily abides by the Occupational Safety & Health Act of 1970 (OSHA) to establish a workplace free from recognized hazards. These rules and regulations are covered in the Code of Federal Regulations (29 -CFR), 1926 for Construction and 1910 for General Industry. Collier County also established CMA #5806, Protective Footwear, to govern the purchase and use of protective footwear. Protective footwear is an integral component of the County's environmental health and safety program. It helps to reduce the frequency and severity of foot and ankle injuries and illnesses, thus reducing Workers' Compensation costs. To assure that the purchase of protective footwear is appropriate and consistent with the County's safety program, a job hazard assessment is completed for each job task to identify the need and appropriate type of footwear to be purchased. The Purchasing Department issued ITB #13 -6049, "Protective Footwear (Shoes and Boots) on May 16, 2013. Email notices were sent to seventy one (71) addresses; nineteen (19) addresses downloaded the solicitation document; one (1) vendor provided a no response because the firm did not have a business address /physical within Collier or Lee County; and one (1) bid was received from Vic's Boot and Shoe, Inc. Vendor Percentage off Charges for Charges for Manufacturer's Special Sizes Repair List Price Vic's Boot & Shoe, Inc. 15% Not Applicable Varies To supplement this contract and provide an alternate source for obtaining protective footwear at a competitive price, the Purchasing Department also recommends the piggyback of Payless Shoe Source contract #061812 -PSS through the National Joint Powers Alliance awarded 6/12/2012 which runs through 7/17/2016. The coupon program associated with this contract allows for a 15% discount off of Footwear and Related Goods and Services. Operating departments will procure personal protective equipment through the issuance of a County purchase order or procurement card (P -card) transaction. FISCAL I WACT: Historically the county has spent $175,000 over the past three years of the contract. Funds are available within department budgets for this purpose. Packet Page -2633- 11/12/2013 16.E.7. GROWTH MANAGEMENT EUPACT: There is no growth management impact associated n with this executive summary. . LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires majority vote for approval. — CMG RECOMMENDATION: That the Board approves an award for Invitation to Bid (ITB) #13- 6049, "Protective Footwear (Shoes and Boots)" to Vic's Boot and Shoe, Inc. and authorizes the use of the National Joint Powers Alliance Contract (NJPA) for Payless Shoe Source as an alternate contract source. Prepared by Rhonda Cummings, Procurement Strategist, Purchasing Department Attachments: • Invitation to Bid for 13 -6049, "Protective Footwear (Shoes and Boots) • National Joint Powers Alliance Contract with Payless Shoe Source • Certification of Piggy Back by Director (NJPA #29289), see attached email • Bid Tabulation • Bid Response ( Vic's Boot and Shoe, Inc.) Packet Page -2634- 11/12/2013 16.E.7. ^ COLLIER COUNTY Board of County Commissioners Item Number: 16.16.E.16.E.7. Item Summary: Recommendation to approve an award for Invitation to Bid (ITB) #13- 6049, "Protective Footwear (Shoes and Boots)" to Vic's Boot and Shoe, Inc. and to authorize the use of the National Joint Powers Alliance Contract (NJPA) for Payless Shoe Source as an alternate contract source. Meeting Date: 11/12/2013 Prepared By Name: CummingsRhonda Title: Contracts Specialist,Purchasing & General Services 10/17/2013 12:03:37 PM Submitted by Title: Contracts Specialist,Purchasing & General Services Name: CummingsRhonda 10/17/2013 12:03:39 PM Approved By Name: pochopinpat Title: Administrative Assistant.Facilities Management Date: 10/17/2013 12:23:52 PM Name: MarkiewiczJoanne Title: Manager - Purchasing Acquisition,Purchasing & Gene Date: 10/17/2013 2:27:43 PM Name: JohnsonScott Title: Purchasing Agent.Purchasing & General Services Date: 10/18/2013 1:09:58 PM Name: JohnsonScott Title: Purchasing Agent,Purchasing & General Services Date: 10/18/2013 2:49:45 PM Packet Page -2635- 11/12/2013 16.E.7. Name: GreeneColleen Title: Assistant County Attorney,County Attorney Date: 10/21 /2013 9:43:37 AM Name: PriceLen Title: Administrator, Administrative Services Date: 10/24/2013 10:37:59 AM Name: GreeneColleen Title: Assistant County Attorney,County Attorney Date: 10/25/2013 11:11:52 AM Name: KlatzkowJeff Title: County Attorney Date: 10/28/2013 9:40:32 AM Name: PryorCheryl Title: Management/ Budget Analyst, Senior,Office of Manag Date: 10/28/2013 2:16:38 PM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 10/30/2013 4:53:55 PM Packet Page -2636- 11/12/2013 16.E.7. •-• Adff*isbaM Semis DwWw Purchasing INVITATION TO BID Date: May 16, 2013 From: Rhonda Cummings, FCCN, CPPB, Procurement Strategist (239) 252 -8941 (Telephone) (239) 252 -6700 (FAX) RhondaCummings @colliergov.net (Email) To: Prospective Vendors Subject: Solicitation: #13 -6049 Protective Footwear (Shoes and Boots) As requested by the Risk Management Department, the Collier County Board of County Commissioners Purchasing Department has issued this ITB for the purpose of obtaining fair and competitive responses. � Please refer to the Public Notice included in this document for the opening date and time and any applicable pre -ITB conference. All questions regarding this ITB must be submitted online on the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. All responses to questions will be posted on the website with electronic notification to all prospective vendors. We look forward to your participation in Collier County's competitive procurement process. cc: Ron Miller, Risk Management Department Note: All ITB responses submitted must include one (1) original labeled MASTER, along with one exact duplicate copies, including all required forms. #13 -6049 ITB Template-01/01/2013 Pwd>asing C7e09nW * 3327 Tamiami Trait East • Naples. Florida 341124901 • www.00lliergov.neupurchasing Packet Page -2637- 11/12/2013 16.E.7. Invitation to Bid Index PublicNotice ............................................................................................... ............................... 3 Exhibit I: Scope of Work, Specifications and Response Format ................ ............................... 4 Exhibit II: General Bid Instructions .............................................................. .............................10 Exhibit III: Standard Purchase Order Terms and Conditions ....................... .............................16 Exhibit IV: Additional ITB Terms and Conditions ......................................... .............................19 Attachment 1: Vendor Submittal - Vendor's Non - Response Statement ....... .............................25 Attachment 2: Vendor's Check List ............................................................. .............................26 Attachment 3: Vendor Submittal - Bid Response Form ............................... .............................27 Attachment 4: Vendor Submittal — Local Vendor Preference Affidavit .......... .............................30 Attachment 5: Vendor Submittal — Immigration Affidavit ............................... .............................31 Attachment 6: Vendor Substitute W — 9 ........................................................ .............................32 Attachment 7: Vendor Submittal - Insurance and Bonding Requirements ... .............................33 #13 -6049 ITB Template_01 /01/2013 Packet Page -2638- 11/12/2013 16.E.7. Public Notice Sealed bid responses for Solicitation #13 -6049 Protective Footwear, will be received electronically only at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112 until 2:30 PM, Collier County local time on June 7, 2013. Solicitation responses received after the stated time and date will not be accepted. Solicitation #13 -6049 Protective Footwear No pre -bid conference will be held for this solicitation, All questions regarding this ITB must be submitted online on the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. All responses to questions will be posted on the website with electronic notification to all prospective vendors. All solicitation responses must be made on the official ITB response form included and only available for download from the Collier County Purchasing Department Online Bidding System website noted herein. ITB Documents obtained from sources other than Collier County Purchasing may not be accurate or current. Collier County encourages vendors to utilize recycled paper on all manual bid response submittals. �-. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. n BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Joanne Markiewicz Interim Purchasing /General Services Director Publicly posted on the Collier County Purchasing Department website: www.colliergov.net/purchasing and in the lobby of the Purchasing Building on May 16, 2013. #13 -6049 ITB Template_01 /01/2013 Packet Page -2639- 11/12/2013 16.E.7. Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Risk Management Department (hereinafter, the "Division or Department "), the Collier County Board of County Commissioners Purchasing Department (hereinafter, "County ") has issued this Invitation to Bid (hereinafter, "ITB ") with the intent of obtaining bids from interested and qualified firms in accordance with the terms, conditions and specifications stated or attached. The Vendor, at a minimum, must achieve the requirements of the Scope of Work and specifications stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Purchasing Policy. Brief Description of Purchase Protective footwear is an integral component of the County's environmental health and safety program. It helps to reduce the frequency and severity of foot and ankle injuries and illnesses, thus reducing Workers' Compensation costs. Historically, County departments have spent approximately $175,000. Background Goods are required in order to meet the requirements of the CMA policy #5902, Workplace Safety and Health. Detailed Scope of Work The vendor hereby acknowledges and agrees that all shoes and boots, except where recycled content is specifically requested, supplied by the vendors) in conjunction with this Bid shall be new, warranted for their merchantability and fit for a particular purpose. In the event any of the shoes and boots supplied to the County by the vendor are found to be defective or do not conform to specifications, the County reserves the right to (1) cancel the order and return such shoes and /or boots to the vendor at the vendor's expense; or (2) require the vendor to replace the shoes and /or boots at the vendor's expense. The vendor shall list all types, brands and styles of footwear currently sold at the time of bid submittal. The vendor must carry at least two (2) different brands with at least three (3) separate styles within each brand of protective footwear. Protective footwear possibilities include steel or composite toes, metatarsal protection, puncture proof and /or resistant, electrical protective, full ankle support (approximately six [6) inches in height), chemical resistant and /or protective, water proof or water resistant and fire - resistant. This list is not all inclusive of the potential types of protective footwear and is provided only as an example and will not be part of the award criteria for the evaluation. Collier County history has shown that we have purchased from the manufacturer Red Wing for a majority of our shoes /boots. We estimate an expenditure of $97,000 per contract year. Collier County does not guarantee this amount will be spent, nor specific quantities ordered. The vendor shall be responsible for filing, processing and collecting all damage claims against the shipper if goods are damaged when shipping (provided by the vendor). The following specifications are also to be included: #13 -6049 ITB Template_01 /01/2013 Packet Page -2640- 11/12/2013 16.E.7. Product Selection: Authorized employees /departments are allocated a maximum amount to be �-. utilized for product purchase. County employees may purchase any style and /or brand of protective footwear and boot care products, i.e. oil, laces, etc., that meets the requirements outlined on their authorization letter. This allows the County to ensure a better selection of styles, sizes and widths to accommodate the various types of feet being fitted. The price of the protective footwear shall not exceed $125.00 unless the footwear is specialized, i.e., Electrical, Chemical, Fire, etc. and identified as such. The vendor shall provide fitting services for employees who require these services at no additional charge to the County. Identification: All shoes and boots delivered by the successful vendor shall be identified within, or on, the shoe or boot with the manufacturer's name and manufacturer's brand name and model number. In addition, each pair of shoes or boots must be identified with the applicable ANSI Standard number and ensure Electrical Rate Boots /Shoes and Chemical Protective Boots /Shoes are identified correctly. Vendor must carry men's and women's shoes or boots. Acceptance of Product: The products shall be maintained and delivered to the County in excellent condition. If a product does not meet specifications, it will be returned to the vendor as exchange for suitable merchandise or for full credit at no additional cost to the County. Delivery: The vendor shall make deliveries if shoes and boots that are not available in the local store within ten (10) calendar days after the date that the County department orders the items. All deliveries shall be made in accordance with good commercial practice which shall be adhered to by the successful vendor(s); except in such cases where the delivery will be delayed due to acts of nature, strikes or other causes beyond the control of the vendor. In these cases, the vendor shall notify the County of the delays in advance of the delivery date so that a revised delivery schedule can be negotiated. Packing Slip /Delivery Ticket: The successful vendor shall enclose a complete packing slip or delivery ticket with any items to be delivered in conjunction with this ITB solicitation. The packing slip shall be attached to the shipping carton(s) which contain the items and shall be made available to the County's authorized representative during delivery. The packing slip or delivery ticket shall include, at a minimum, the following information: purchase order number, date of order, a complete listing of items being delivered, and back -order quantities and estimated delivery of back - orders if applicable. Authorization to Pick -Up Materials: Collier County employees are authorized to pick -up materials against purchase orders issued to the successful vendor(s) or by approved check for the total amount of the footwear. If the vendor is in doubt about the authenticity of the person picking up the material. the vendor shall contact the Department Supervisor given by the employee to the vendor and /or Risk Management's Environmental, Health & Safety Manager. The vendor shall not sell or release any type of footwear to Collier County employees without first receiving a Risk Management Department "Authorization Form ". This form shall detail the type, height and protective requirements of the footwear the employee is required to wear. This authorization shall encompass both non - medical and medical requirements and therefore the vendor shall not accept or recognize any prescriptions or doctors orders for specialized footwear unless accompanied by the aforementioned Risk Management Authorization letter. Should the vendor violate this requirement, the County reserves the right to cancel or suspend the contract indefinitely, return the merchandise for a full refund and seek the items from another vendor and charge the vendor for any re- procurement costs. The selected vendor(s) shall receive a copy of the Authorization Letter upon contract award. #13 -6049 ITB Template-01/01/2013 Packet Page -2641- 11/12/2013 16.E.7. Stock Levels: The successful vendor shall ensure that adequate stock levels are maintained at its place of business in order to assure the County prompt delivery. If the delivery terms specified in the bid solicitation are not fulfilled by the vendor, the County reserves the right to cancel the order, purchase the goods elsewhere and charge the vendor for any re- procurement costs incurred by the County. Back Orders: The County shall not accept any long -term back orders of deliveries from the vendor. Long -term shall be considered anything longer than ten (10) calendar days as specified in the "delivery" section. Accordingly, the vendor is required to deliver all items to the County within the time specified in this ITB and no grace period shall be provided. In the event the vendor fails to deliver the goods within the time specified, the County reserves the right to cancel the order, seek the items from another vendor and charge the vendor for any re- procurement costs. Substitutions: The vendor shall not deliver any substitute item as a replacement to a selected brand or model without express written consent of the Environmental, Health & Safety Manager prior to such delivery. Substitute items must be of equal or better quality than the selected item. All substitutions shall be fitted to the employee prior to final delivery to ensure adequate fit. Substitutions that do not fit the employee properly shall be returned at the vendor's expense and suitable replacements shall be made available immediately. Substitutes shall be considered only in emergency situations and excessive substitution requests may be cause to cancel the contract. Special Sizes/Widths /Custom Footwear: Extra charge for special shoes and boots shall be stated on the ITB proposal or it shall be assumed the price bid includes all sizes and widths. Where special sizes, widths and /or custom footwear are required, the vendor must make all reasonable efforts to obtain said footwear. Under no condition shall a vendor attempt to place an employee in an improperly fitted shoe or boot, fit women into men's shoes, etc. unless shoes and boots are unisex sized. Compliance with Federal Standards: All items to be purchased under this ITB shall be in accordance with all governmental standards to include, but not limited to, those issued by the Occupational Safety and Health Administration (OSHA), the National Institute of Occupational Safety Hazards (NIOSH) and the National Fire Protection Association (NFPA). Warranty: Vendors shall guarantee replacement of improperly manufactured items during the contract period, with replacements being made within two (2) weeks of notification. Replacement/exchanges shall take place in a local store or on the next scheduled visit by the mobile shoe vendor. No shoes or boots shall be returned to the factory by Collier County employees. The vendor holds all responsibility to return any footwear to the manufacturer where required. Factory information sheets (specifications catalog data, etc.) of safety shoes and boots being bid shall accompany the ITB proposal, as shall any guarantee or warranties. Guarantee information should include, but not be limited to, upper and sole separation guarantee period and water penetration guarantee period in addition to wear - ability guarantee. Inspection: Vendor shall offer footwear inspection services at no charge to the County. These inspections shall cover all shoe components to ensure functionality, and shall specifically focus on safety and health related items such as, but not limited to, sole integrity for slip resistance, water /chemical resistance, steel or composite toe integrity, all seams, etc. The vendor shall utilize a printed inspection form to document footwear deficiencies and recommendations for repairs and /or replacement. The vendor shall provide a copy of said inspection ^ #13 -6049 ITB Template 01/01/2013 Packet Page -2642- 11/12/2013 16.E.7. form to the department for evaluation. The vendor shall also provide a copy of the inspection form as part of the ITB documentation submittal. The vendor may be contacted by the department for an inspection every six (6) months for all employees. The vendor and the department shall work out a time and location for said inspections to occur. All replacements must be approved by the Department Supervisor. Repairs: The vendor must provide a listing of all repairs they are capable of performing in- house, those that would require shipment to the factory, and costs associated with said repairs. Repairs should be considered where the cost of the repair is more feasible versus the purchase of new footwear. Location: Due to the nature of this contract, the vendor must be located (have a business address and physical address where footwear can be fitted and purchased) within Collier or Lee County, Florida with personnel capable of fitting and sizing the employees for various styles of shoes and boots and provide for pick -up as required. Vendors whose bid does not meet this requirement shall be considered non - responsive. 1. PRICING INFORMATION: Prices shall be determined by using a percentage off manufacturer's price. The vendor shall list the percentage off discount they plan to extend for all purchases. This percentage shall apply to all brands, styles and products offered. The vendor must also provide the current manufacturer's price list and catalog for the brands and styles they offer when submitting their bid and when requested during the contract term. This will be utilized to compare the manufacturer's price with the vendor's selling price to ensure the agreed upon percentage off manufacturer's price. 2. TIMELINE Schedulinq and Purchase Authorization: Personnel requiring shoes and boots shall contact the properly designated Departmental Supervisor to set up a place(s) and times(s) for individual fittings. The vendor shall be responsible for said fittings at a mutually convenient time to be arranged between the County Department(s) and the vendor. The authorized employees shall be allowed to purchase items under the following conditions: a. A drop shipped cost is requested on each item to invite the vendor to extend a savings to the County on mail -in or telephone orders where fitting is not required. b. The price lists with a percent discount or dollar off manufacturer's lists price are intended for using departments to supply shoes and boots for County employees who cannot be fitted in any of the contract styles or their job classification is such that the contract styles do not cover their requirements. c. The employee must provide the vendor with the aforementioned authorization letter accompanied by an approved purchase order or check and may only purchase footwear that meets the requirements of the authorization letter. d. Vendors may not accept verbal purchase orders from employees or departments. #13 -6049 ITB Template_01 /01/2013 Packet Page -2643- 11/12/2013 16.E.7. 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, qualified and responsive vendor(s) in accordance with the following methodology: Award shall be based upon the firm(s) providing the highest percentage discount off of the Manufacturer's List Price. Collier County reserves the right to select one, or more than one suppliers, however, it is the intent to select primary/secondary vendors The contract will be in the form of a standard County Purchase Order. Term of Contract The contract term, if an award(s) is /are made is intended to be for one (1) year with three (3) one year renewal options.. Prices shall remain firm for the initial term of this contract. Price adjustments are dependent upon the consumer price index (CPI) over the past twelve (12) months, budget availability and program manager approval. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. Projected Timetable Event Date Issue Solicitation Notice May 16, 2013 Last Date for Receipt of Written Questions May 31, 2013, 4:00 pm, Naples Local Time Addendum Issued Resulting from Written Questions TBD Solicitation Deadline Date and Time June 7, 2013, 2:30 pm, Naples Local Time Anticipated Evaluation of Submittals June 7 -10, 2013 Anticipated Board of County Commissioner's Contract July, 2013 Approval Date #13 -6049 ITB Template_01 /01/2013 Packet Page -2644- Vendor Required Documents • Attachment 2: Vendor's Check List • Attachment 3: Vendor Bid Response Form • Attachment 4: Local Vendor Preference • Attachment 5: Immigration Law Affidavit • Attachment 6: Vendor Substitute W -9 • Attachment 7: Insurance and Bonding Requirement #13 -6049 ITB Template_01 /0112013 Packet Page -2645- 11/12/2013 16.E.7. Exhibit II: General Bid Instructions 1. Purpose /Objective 11/12/2013 16.E.7. 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 2, 3, 4, 5, 6, and 7 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. Equal Product Manufacturer's name, brand name and /or model number are used in these specifications for the purpose of establishing minimum requirements of level of quality, standards of performance and /or design required, and is in no way intended to prohibit the bidding of other manufacturer's items of equal or similar material. An equal or similar product may be bid, provided that the product is found to be equal or similar in quality, standard of performance, design, etc. to the item specified. Where an equal or similar is bid, the Bid must be accompanied with two (2) complete sets of factory information sheets (specifications, brochures, etc.) and test results, if applicable, of unit bid as equal or similar. Equal product samples, if required for evaluation, and at no cost to the County, must be submitted with Bid. Unless otherwise directed in the solicitation, the bid will not be considered unless samples are delivered to specified address by bid due date. The County shall be sole judge of equality or similarity, and its decision shall be final in the best interest. #13 -6049 10 ITB Template_01 /01/2013 Packet Page -2646- 11/12/2013 16.E.7. 5. Discounts Any discounts or terms must be shown on the Bid form. Such discounts, if any, may be considered in the award of tie bids. In no instance should payment terms less than fifteen (15) calendar days be offered. 6. Exceptions Vendors taking exception to any part or section of these specifications shall indicate such exceptions on a separate sheet entitled "EXCEPTIONS TO SPECIFICATIONS." Failure to indicate any exceptions 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. 7. Addenda The County reserves the right to formally amend and /or clarify the requirements of the bid specifications where it deems necessary. Any such addendum /clarification shall be in writing and shall be distributed electronically to all parties who received the original bid specifications prior to the deadline for submission of Bids. All changes to this ITB will be conveyed electronically through a notice of addendum or questions and answers to all vendors registered under the applicable commodity code(s) at the time when the original ITB was released, as well as those vendors who downloaded the ITB document. Additionally, all addendums are posted on the Collier County Purchasing Department Online Bidding System website: www.coiliergov.net/bid. Before submitting a bid response, please make sure that you have read all, understood clearly and complied � completely with any changes stated in the addenda as failure to do so may result in the rejection of your submittal. 8. Bid Submission For electronic submissions... All electronic bids shall be submitted online via the Collier County Purchasing Department Online Bidding System: www.colliergov.net /bid. For paper submissions... All paper bids shall be submitted to the County Purchasing Director, Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112, by the date and time as stated in the Legal Notice. The County assumes no responsibility for bid responses received after the due date and time, or at any office or location other than that specified herein, whether due to mail delays, courier mistakes, mishandling, inclement weather or any other reason. Late bid responses shall be returned unopened, and shall not be considered for award. Vendors must submit one (1) paper copy clearly labeled "Master," and 1 compact disks (CD's) with one copy of the proposal on each CD in Word Excel or PDF. List the Solicitation Number and Title on the outside of the box or envelope. All bids sent by courier service must have the bid number and title on the outside of the courier packet. 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. #13 -6049 ITB Template 01/01/2013 Packet Page -2647- 11 11/12/2013 16.E.7. 9. Questions If the vendor should be of the opinion that the meaning of any part of the Bid Document is doubtful, obscure or contains errors or omissions it should report such opinion to the Procurement Strategist before the bid opening date. Direct questions related to this ITB only to the Collier County Purchasing Department Internet website: www.colliergov.net/bid. Questions will not be answered after the date noted on the ITB. Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Purchasing Department Online Bidding System website. For general questions, please call the referenced Procurement Strategist identified in the Public Notice. 10. Protests 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 rlp for 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. 11. Rejection and Waiver The County reserves the right to reject any and all bids, to waive defects in the form of bid, also to select the bid that best meets the requirements of the County. Vendors whose bids, past performance or current status do not reflect the capability, 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. 12. Local Vendor Preference (LVP) The County is using the Competitive Sealed Quotation methodology of source selection for this procurement, as authorized by Ordinance Number 87 -25, and Collier County Resolution Number 2008 -181 establishing and adopting the Collier County Purchasing Policy. The Collier County Board of County Commissioners has adopted a Local Preference "Right to Match" policy to enhance the opportunities of local businesses to receive awards of Collier County purchases. A "local business" is defined as a business that has a valid Business Tax Receipt, formerly known as an Occupational License issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County quote or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well -being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. #13 -6049 12 ITB Template_01 /01/2013 Packet Page -2648- 11/12/2013 16.E.7. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their ^ quote or proposal to be eligible for consideration as a 'local business" under this section. When a qualified and responsive non -local business submits the lowest price quote, and the quote submitted by one or more qualified and responsive local businesses is within ten percent (10 %) of the price submitted by the non -local business, then the local business with the apparent lowest quote offer (i.e. the lowest local vendor) shall have the opportunity to submit an offer to match the price(s) offered by the overall lowest, qualified and responsive vendor. In such instances, staff shall first verify if the lowest non -local vendor and the lowest local vendor are in fact qualified and responsive vendors. Next, the Purchasing Department shall determine if the lowest local vendor meets the requirements of Section 287.087 F.S. If the lowest local vendor meets the requirements of 287.087, F.S., the Purchasing Department shall invite the lowest local vendor to submit a matching offer to the Purchasing Department which shall be submitted within five (5) business days thereafter. If the lowest local vendor submits an offer that fully matches the lowest quote from the lowest non -local vendor tendered previously, then award shall be made to the local vendor. If the lowest local vendor declines or is unable to match the lowest non local quote price(s), then award will be made to the lowest overall qualified and responsive vendor. If the lowest local vendor does not meet the requirement of Section 287.087 F.S. and the lowest non -local vendor does, award will be made to the vendor that meets the requirements of the referenced state law. Vendor must complete and submit with its quote response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a Vendor to submit this Affidavit with their quote response will preclude said Vendor from being considered for local preference under this solicitation. A Vendor who misrepresents the Local Preference status of its firm in a quote submitted to the County will lose the privilege to claim Local Preference status for a period of up to one (1) year. The County may, as it deems necessary, conduct discussions with any of the competing vendors determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. 13. Immigration Affidavit Certification Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E- Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet -based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. ^ Where the requirement for the affidavit is waived by the Board of County Commissioners #13 -6049 ITB Template 01/01/2013 Packet Page -2649- 13 11/12/2013 16.E.7. 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 Bidder/Vendor does not comply with providing both the acceptable E- Verify evidence and the executed affidavit the bidder's / vendor's proposal may be deemed non - responsive. 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: httr): / /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 sea. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 14. 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. 15. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.orq /search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 16. 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 #13 -6049 14 ITB Template_01 /01/2013 Packet Page -2650- 11/12/2013 16.E.7. workplace in accordance with Section 287.087 Florida Statutes. Should all vendors provide said certification; the County will give local vendor preference. 17. 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. #13 -6049 ITB Template 01/01/2013 Packet Page -2651- 15 11/12/2013 16.E.7. 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. #13 -6049 16 ITB Template-01/01/2013 Packet Page -2652- VENDOR further agrees that undiscovered delivery of nonconforming goods and /or services r� is not a waiver of the COUNTY'S right to insist upon further compliance with all specifications. 6. Changes The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such change increase or decrease the cost of, or the time required for performance of the Purchase Order, an equitable adjustment in the price and /or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing, VENDOR has an affirmative obligation to give notice if the changes will decrease costs. Any claims for adjustment by VENDOR must be made within thirty (30) days from the date the change is ordered or within such additional period of time as may be agreed upon by the parties. 7. Warranties VENDOR expressly warrants that the goods and /or services covered by this Purchase Order will conform to the specifications, drawings, samples or other descriptions furnished or specified by the COUNTY, and will be of satisfactory material and quality production, free from defects and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. These warranties shall survive inspection, acceptance, passage of title and payment by the COUNTY. Statutory Conformity Goods and services provided pursuant to this Purchase Order, and their production and transportation shall conform to all applicable laws, including but not limited to the Occupational Health and Safety Act, the Federal Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the Purchase Order. Advertising No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has contracted with the COUNTY for goods and /or services, or appropriate or make use of the COUNTY'S name or other identifying marks or property without the prior written consent of the COUNTY'S Purchasing Department. 10. Indemnification #13 -6049 ITB Template-01/01/2013 11/12/2013 16.E.7. VENDOR shall indemnify and hold harmless the COUNTY from any and all claims, including claims of negligence, costs and expenses, including but not limited to attorneys' fees, arising from, caused by or related to the injury or death of any person (including but not limited to employees and agents of VENDOR in the performance of their duties or otherwise), or damage to property (including property of the COUNTY or other persons), which arise out of or are incident to the goods and /or services to be provided hereunder. 11. Warranty of Non - Infringement VENDOR represents and warrants that all goods sold or services performed under this Purchase Order are: a) in compliance with applicable laws; b) do not infringe any patent, trademark, copyright or trade secret; and c) do not constitute unfair competition. VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims, including claims of negligence, costs and expense, including but not limited to attorneys' fees, which arise from any claim, suit or proceeding alleging that the COUNTY'S use of the goods and /or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties in section 11 (a). If any claim which arises from VENDOR'S breach of section 11 (a) has occurred, or is likely to occur, VENDOR may, at the COUNTY'S option, procure for the COUNTY the right to continue using the goods or services, or replace or modify the goods or services so that they become non - infringing, (without any material degradation in performance, quality, functionality or additional cost to the COUNTY). 12. Insurance Requirements The VENDOR, at its sole expense, shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Purchase Order. Providing and maintaining adequate insurance coverage is a material obligation of the VENDOR. All insurance policies shall be executed through insurers authorized or eligible to write policies in the State of Florida. 13. Compliance with Laws In fulfilling the terms of this Purchase Order, VENDOR agrees that it will comply with all federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non - exhaustive example, this shall include the American with Disabilities Act and all prohibitions against discrimination on 17 Packet Page -2653- the basis of race, religion, sex creed, national origin, handicap, marital status, or veterans' status. Further, VENDOR acknowledges and without exception or stipulation shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Any breach of this provision may be regarded by the COUNTY as a material and substantial breach of the contract arising from this Purchase Order. 14. Force Majeure Neither the COUNTY nor VENDOR shall be responsible for any delay or failure in performance resulting from any cause beyond their control, including, but without limitation to war, strikes, civil disturbances and acts of nature. When VENDOR has knowledge of any actual or potential force majeure or other conditions which will delay or threatens to delay timely performance of this Purchase Order, VENDOR shall immediately give notice thereof, including all relevant information with respects to what steps VENDOR is taking to complete delivery of the goods and /or services to the COUNTY. 15. Assignment VENDOR may not assign this Purchase Order, nor any money due or to become due without the prior written consent of the COUNTY. Any assignment made without such consent shall be deemed void. 16. Taxes Goods and services procured subject to this Purchase Order are exempt from Florida sales and use tax on real property, transient rental property rented, tangible personal purchased or rented, or services purchased (Florida Statutes, Chapter 212), and from federal excise tax. 17. Annual Appropriations The COUNTY'S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 11/12/2013 16.E.7. conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of such breach and VENDOR has failed to cure within 10 days of receipt of such notice. 19. General a) This Purchase Order shall be governed by the laws of the State of Florida. The venue for any action brought to specifically enforce any of the terms and conditions of this Purchase Order shall be the Twentieth Judicial Circuit in and for Collier County, Florida b) Failure of the COUNTY to act immediately in response to a breach of this Purchase Order by VENDOR shall not constitute a waiver of breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be deemed a waiver of any subsequent default by VENDOR. c) All notices under this Purchase Order shall be sent to the respective addresses on the face page by certified mail, return receipt requested, by overnight courier service, or by personal delivery and will be deemed effective upon receipt. Postage, delivery and other charges shall be paid by the sender. A party may change its address for notice by written notice complying with the requirements of this section. d) The Vendor agrees to reimbursement of any travel expenses that may be associated with this Purchase Order in accordance with Florida Statute Chapter 112.061, Per Diem and Travel Expenses for Public Officers, employees and authorized persons. e) In the event of any conflict between or among the terms of any Contract Documents related to this Purchase Order, the terms of the Contract Documents shall take precedence over the terms of the Purchase Order. To the extent any terms and /or conditions of this Purchase Order duplicate or overlap the Terms and Conditions of the Contract Documents, the provisions of the Terms and /or Conditions that are most favorable to the County and /or provide the greatest protection to the County shall govern. 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 #13 -6049 18 ITB Template 01/01/2013 Packet Page -2654- 11/12/2013 16.E.7. 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 75% 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. #13 -6049 ITB Template-01/01/2013 Packet Page -2655- 19 11/12/2013 16.E.7. 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 re uired 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. #13 -6049 20 ITB Template_01 /01/2013 Packet Page -2656- 11/12/2013 16.E.7. 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: bccapclerk(d)collierclerk.com. Collier County, in its sole discretion, will determine the method of payment for goods and /or services as part of this agreement. Payment methods include: • Traditional — payment by check, wire transfer or other cash equivalent. • Standard — payment by purchasing card. Collier County's Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation. The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an "Additional Cash Discount." Upon execution of the Contract and completion of each month's work, payment requests may be submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices should be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized by the Project Manager. Payments will be made for articles and /or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after #13 -6049 21 ITB Template-01/01/2013 Packet Page -2657- 11/12/2013 16.E.7. completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non - payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. ^ In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 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. Survivability Purchase Orders: The Consultant /Contractor/Vendor agrees that any Purchase Order that extends beyond the expiration date of the original Solicitation 13 -6049 will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Purchase Order. 15. 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 #13 -6049 22 ITB Template_01 /01 /2013 Packet Page -2658- 11/12/2013 16.E.7. 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. 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. Collier County Information Technology Requirements All vendor access will be done via VPN access only. All access must comply with current published County Manager Agency (CMA) policies. Current policies that apply are CMAs 5402, 5403 and 5405. These policies will be available upon request from the Information Technology Department. All vendors will be required to adhere to IT policies for access to the County network. Vendors are required to notify the County in writing twenty -four (24) hours in advance as to when access to the network is planned. Included in this request must be a detailed work plan with actions that will be taken at the time of access. The County IT Department has developed a Technical Architecture Requirements Document that is required to be filled out and submitted with your bid response. This document can be found on the Collier County Purchasing Department website: www.collieraov.net/purchasina. On the left hand side of the menu, click on CC Technical Requirements. If this document is not submitted with your bid response, your bid response may be deemed non - responsive. 16. Security and Background Checks #13 -6049 ITB Template_01 /01/2013 Packet Page -2659- 23 11/12/2013 16.E.7. 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. 17. Direct Material Purchase The County reserves the right to require Vendor to assign some or all of its agreements with material suppliers directly to the County. Any such goods and /or materials purchased by the County pursuant to such an assignment of a material supply agreement shall be referred to as "County Furnished Materials" and the responsibilities of both the County and the Vendor relating to said materials shall be governed by the terms and conditions of this solicitation. Additionally, the County at its sole option may choose to purchase some or all of the goods and /or materials from other suppliers. In either instance the County may require the following information from the Vendor: • Required quantities of material. • Specifications relating to goods and /or materials required for job including brand and /or model number or type if applicable • Pricing and availability of goods and /or materials provided under Vendor's agreements with material suppliers 18. 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. 19. Equipment Vendor shall have available and in good working condition, the necessary equipment to perform the required service. If required, the Vendor shall supply a list of equipment and an hourly rate for each. Hourly rates will commence once equipment arrives at the service site. In the event that additional specialized and /or heavy equipment (backhoe, crane, mudhog, etc.) is needed, the Project Manager must be notified in advance for approval. The reimbursement of additional equipment expense shall be at cost and will commence once equipment arrives at the service site. The County reserves the right to request and obtain documentation of the Vendor's cost, and to withhold payments until documentation is provided. The scope of these specifications is to ensure the delivery of a complete unit ready for operation. Omission of any essential detail from these specifications does not relieve the Vendor from furnishing a complete unit. All equipment must be new and of current manufacture in production at the time of ITB opening, and carry standard warranties. At the time of delivery, at least two (2) complete shop repair manuals and parts lists must be furnished with each type of equipment. Vendor must service all equipment prior to delivery and /or acceptance by the County. #13 -6049 24 ITB Template_01 /01 /2013 Packet Page -2660- 11/12/2013 16.E.7. C;oTrwr Comity AdmriWaMServcwDMsw Purchaarg Attachment 1: Vendor Submittal - Vendor's Non - Response Statement The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons why prospective Vendors did not wish to respond to this ITB. If your firm is not responding to this ITB, please indicate the reason(s) by checking any appropriate item(s) listed below and return this form via email or fax to the Procurement Strategist listed on the first page or mail to: Collier County Purchasing Department, 3327 Tamiami Trail East, Naples, Florida 34112. We are not responding to this ITB for the following reason(s): Solicitation: 13 -6049 Protective Footwear (Shoes and Boots) ❑ Services requested not available through our company. ❑ Our firm could not meet specifications /scope of work. ❑ Specifications /scope of work not clearly understood (too vague, rigid, etc.) ❑ Project is too small. ❑ Insufficient time allowed for preparation of response. ❑ Incorrect address used. Please correct mailing address: ❑ Other reason(s): Firm's Complete Legal Name Address City, State, Zip Telephone Number FAX Number Signature / Title Type Name of Signature Date: #13 -6049 ITB Template 01/01/2013 Packet Page -2661- 25 11/12/2013 16.E.7. .� Attachment 2: Vendor's Check List IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign in the spaces indicated and return with bid. Vendor should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. 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. Affidavit for Claiming Status as a Local Business, if applicable. 10. Immigration Affidavit and company's E- Verify profile page or memorandum of understanding. 11. Copies of licenses, equipment lists, subcontractors or any other information as noted in this ITB. 12. 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 -6049 Protective Footwear (Shoes and Boots) • Opening Date: June 7, 2013 13. 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. Company Name Signature & Title Date #13 -6049 26 ITB Template-01/01/2013 Packet Page -2662- 11/12/2013 16.E.7. C01 Xer CM� Purchasing Attachment 3: Vendor Submittal - Bid Response Form FROM: Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: Solicitation: 13 -6049 Protective Footwear (Shoes and Boots) Dear Commissioners: The undersigned, as Vendor, hereby declares that the specifications have been fully examined and the Vendor is fully informed in regard to all conditions pertaining to the work to be performed for as per the scope of work. The Vendor further declares that the only persons, company or parties interested in this Bid or the Contract to be entered into as principals are named herein; that this Bid is made without connection with any other person, company or companies submitting a Bid; and it is all respects fair and in good faith, without collusion or fraud. The Vendor proposes and agrees if this Bid is accepted, to contract, either by a County issued purchase order or formal contract, to comply with the requirements in full in accordance with the terms, conditions and specifications denoted herein, according to the following unit prices: Percentage off Manufacturer's List Price % Charge for Special Sizes (if applicable $ Charge for Repair $ Catalogs and Manufacturer Price List Attached ❑ yes ❑ no Vendor has Website with current Manufacturer Price List ❑ yes ❑ no 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: % Days; Net _ Days #13 -6049 ITS Template_01 /01/2013 Packet Page -2663- 27 11/12/2013 16.E.7. Note: If you choose to bid manually, please submit an ORIGINAL and ONE COPY of your bid response pages. The undersigned do agree that should this Bid be accepted, to execute a formal contract, if required, and present the formal contract to the County Purchasing Director for approval within fifteen (15) days after being notified of an award. #13 -6049 28 ITB Template_01 /01/2013 Packet Page -2664- 11/12/2013 16.E.7. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of ,20 in the County of , in the State of Firm's Complete Legal Name Address City, State, Zip Florida Certificate of Authority Document Number Federal Tax Identification Number CCR # or CAGE Code Telephone Number FAX Number Signature / Title Type Name of Signature Date Additional Contact Information Send Payments To: (REQUIRED ONLY if different from above) Firm's Complete Legal Name Address City, State. Zip Contact Name Telephone Number FAX Number Email Address #13 -6049 ITB Template_01 /01/2013 Packet Page. -2665- 29 11/12/2013 16.E.7. cor Commy AininWralimSer Wsion Purchasing Attachment 4: Vendor Submittal — Local Vendor Preference Affidavit Solicitation: #13 -6049 Protective Footwear (Shoes and Boots) (Check Appropriate Boxes Below) State of Florida (Select County if Vendor is described as a Local Business ❑ Collier County ❑ Lee County Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy; A "local business" is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well -being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. Vendor must complete the following information: Year Business Established in ❑Collier County or ❑ Lee County: Number of Employees (Including Owner(s) or Corporate Officers): Number of Employees Living in ❑ Collier County or ❑ Lee (Including Owner(s) or Corporate Officers): If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable. Vendor Name: Address in Collier or Lee County: Signature: STATE OF FLORIDA ❑ COLLIER COUNTY ❑ LEE COUNTY Date: Title: Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this Day of , 20 Notary Public My Commission Expires: (AFFIX OFFICIAL SEAL) #13 -6049 ITB Template-01/01/2013 Packet Page -2666- 30 county ity 11/12/2013 16.E.7. AdmnobaM Services Wsion Purchasing Attachment 5: Vendor Submittal — Immigration Affidavit Solicitation: 13 -6049 Protective Footwear (Shoes and Boots) This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are required to enroll in the E- Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's /bidder's proposal. Acceptable evidence consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E- Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E Verify program may deem the Vendor / Bidder's Proposal as non - responsive Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ( "INA "). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E- Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E- Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's / Bidder's proposal. n Company Name Print Name Title Signature Date State of County of The foregoing instrument was signed and acknowledged before me this day of (Print or Type Name) Notary Public Signature Printed Name of Notary Public who has produced Notary Commission Number /Expiration as identification. (Type of Identification and Number) 20_ by 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. #13 -6049 ITB Template-01/01/2013 31 Packet Page -2667- C& Cotalty PdminsbaM sew D vow Purchasing 11/12/2013 16.E.7. 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 proposal. 1. General Information (provide all information) Taxpayer Name (as shown on income tax return) Business Name (if different from taxpayer name) Address State Telephone FAX City Zip. Email Order Information _Corporation Remit / Payment Information Address _ Limited Liability Company Address City State Zip 501 (c) 3) City State FAX (D = Disregarded Entity, C = Corporation, P = Partnership) FAX Email Email 2. Company Status (check only one) Zip _Individual / Sole Proprietor _Corporation _Partnership _Tax Exempt (Federal income tax - exempt entity _ Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c) 3) Enter the tax classification (D = Disregarded Entity, C = Corporation, P = Partnership) 3, Taxpayer Identification Number (for tax reporting purposes only) Federal Tax Identification Number (TIN) (Vendors who do not have a TIN, will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification: Under penalties of perjury, 1 certify that the information shown on this form is correct to my knowledge. Signature Date Title Phone Number #13 -6049 ITB Template_01 101/2013 Packet Page -2668- 32 11/12/2013 16.E.7. Attachment 7: Vendor Submittal - Insurance and Bonding Requirements Insurance / Bond Type Required Limits 1. ❑ Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ❑ Employer's Liability $ single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $500.000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor /Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor /Consultant or anyone n 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 parry or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. ❑ Automobile Liability $ Each Occurrence; Bodily Injury & Property Damage, Owned /Non - owned /Hired; Automobile Included 5. ❑ Other insurance as noted: ❑ Watercraft $ Per Occurrence ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ per claim and in • $1,000,000 per claim and in the aggregate the aggregate • $2,000,000 per claim and in the aggregate #13 -6049 ITB Template-01/01/2013 Packet Page -2669- 33 11/12/2013 16.E.7. ❑ 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. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. ® Thirty (30) Days Cancellation Notice required. Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm Vendor Signature Print Name Insurance Agency Agent Name Date Telephone Number #13 -6049 34 ITB Template 01/01/2013 Packet Page -2670- a �) D �gcc -a m z;mo CD z Y a i m p O O coq °o E ' \�2 LL d it > � d � LL N M 0 � N M =�o O N fib N YI o a`oo N H 0 0 m Z Q N W JO � S om W U W N D 00 0 0 LL W H U W H O w IL O iD M Packet Page -2671- 11/12/2013 16.E.7. O Co a Co 0 p m -- m ;a m C, V CO Z Z Z Z co � a c O g0 0 Z 0 Z W U. `0 0� 0 0 EL Co o QQ W ¢¢ Z Z U 0 Z LLl c W — a m m N y y } } H m Q } } CIOw 2 2 O U U F- m a to V U e cC) } Z y N F-� Q > U Z O Z} C — Z o _p Z s � C LL W Z Z m m O 0 QQ QQ Z m E Q LV ll] c Z W c } m m m I > In L) } } U � U U O 51 10 In > N U m a` 0 J N � J v N � ` N Z m U_ id 0 c m d m U m 0 O w U O N Q W C o _N In N m v N d C 0 y o aZ i m m %n m J = w 0_ E N m d U N E 0 C N N f�U6 N m N Co L Cu m c m a m O g d U U aci E r W c y 3 o m N M O O` > p�j y Z m m N o (D c m U > 4 a O Packet Page -2671- 11/12/2013 16.E.7. O Co a 11/12/2013 16.E.7. From: MarkiewiczJoanne Sent: Tuesday, October 15, 2013 8:07 AM To: BigelowCatherine; BollenbackVikki; BrilhartBrenda; ColonEvelyn; CummingsRhonda; DeLeon Diana; DokeyJoy; HerreraSandra; JohnsonScott; JonesRandall; KaseeskaMillie; MarkiewiczJoanne; MullinsKathleen; NorthrupAdam; ReavesBrenda; TibbettsRhonda; Ward Kelsey Subject: FW: NJPA Member Number For those of you who may need access to these agreements... Thank you, Joanne From: Tom Morgan [mailto:Tom.Morganeni an coon ora] Sent: Tuesday, October 15, 2013 7:53 AM To: MarkiewiczJoanne Subject: NJPA Member Number Hello Joanne, na We received your application and have assigned you member # 29289. We are in the process of mailing yuu out a welcome packet, which will contain a membership certificate for your files. To view all of our competitively bid contracts, follow this link - they appear in alphabetical groupings. Click on the awarded vendor logo to take you to the individual contract landing page. You, the NJPA member, interact directly with the awarded vendor to facilitate a purchase. On the left hand side of that page you will find contact information for the respondents dedicated employee, and the assigned NJPA contract manager - both are great resources to get information and pricing for the contract. The respondent (in most cases a manufacturer) is your best resource, as they work only with their products. The NJPA dedicated contract manager is available to verify pricing, answer contract specific questions, etc. The respondent is a great starting point to determine distribution of their products, find a local dealer in your area, or answer questions about their product line as it relates to the contract they were awarded by NJPA. All the contract documentation you need to build your justification file is available on the dedicated landing page - click on the pricing tab to learn more about the contract pricing structure - PRICING is only available from the two individuals listed on each page - the respondent or the NJPA contract manager, they are happy to provide it, but because our website is not password protected, you must request it. We will be sending you a monthly Contract Award announcement, communicating our most recent contract awards. Four times a year we will also be sending you our quarterly Newsletter, which we use to pass alo. industry news and expanded contract award information. Packet Page -2672- FW NJPA Member Number.htm[l0 /16/2013 11:14:25 AM] 11/12/2013 16.E.7. • • -• t� •. ••� • �. ins r •� • MUT17ffM- Re• Please let me know if you have any questions in the interim, and Welcome to NJPA! Sincerely, Duff Erholtz Manager of Membership Services phone 218 - 894 -5490 cell 218- 894 -6812 "The price of anything is the amount of life you exchange for it." -Henry David Thoreau P NPatk mal joint Pa�wexs Auian ' The e-mail addresses provided to subscribe to the NJPA Newsletter and other news are not shared with third parties. To unsubscribe from future a -mails from NJPA, click here. 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 ,o this entity. instead, contact this office by telephone or in writing. Packet Page -2673 - FW NJPA Member Number.htm[10 /16/2013 11:14:25 AM] 11/12/2013 16.E.7. National Joint Powers Alliances (herein NJPA) REQUEST FOR PROPOSAL (herein RFP) for the procurement of FOOTWEAR WITH RELATED GOODS AND SERVICES RFP Opening June 19, 2012 8:00 AM Central TIME At the offices of the National Joint Powers Alliance® 202 12th Street Northeast, Staples, MN 56479 RFP #061812 The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential Member agencies to include all Government, Higher Education, K12 Education, Non - Profit, and Public Agencies located nationally in all fifty states and potentially internationally, issues this Request For Proposal (RFP) to result in a national contract solution for the procurement of FOOTWEAR WITH RELATED GOODS AND SERVICES. Details of this RFP are available beginning May 3, 2012 and continuing until May 24, 2012. Details may be obtained by letter of request to Gregg Meierhofer, NJPA, 202 12th Street Northeast P.O. Box 219, Staples, MN 56479, or by e-mail at RFP @njpacoop.org. Proposals will be received until June 18, 2012 at 4:30 p.m. Central Time at the above address and opened June 19, 2012 at 8:OOAM Central Time. The text above is a National Public Notice to Proposers and to be solicited by NJPA. RFP Timeline May 3, 2012 Publication of RFP in the print and online Minneapolis Star Tribune, the NJPA website, and on the website of noticetobidders. com May 24, 2012 Deadline for RFP requests May 29, 2012 Pre- Proposal Conference (webcast — conference call - Connection info 10 :00AMCENTRAL TIME sent to all inquirers two business days prior to the event) June 18, 2012 Deadline for Submission of Proposals 4:30 P.M. Central June 19, 2012 Public Opening of Proposals 8:OOA.M. Central Direct questions regarding this RFP to: Gregg Meierhofer at grege.meierhoferavipacoop.orQ or(218)894-1930 Methods and guidelines for submitting questions are detailed within the body of this document. Packet Page -2674- 2. 4. TABLE OF CONTENTS INTRODUCTION A. About NJPA B. Joint Exercise of Powers Laws C. Why Respond to a National Cooperative Procurement Contract D. The Intent of This RFP E. Scope of This RFP F. Expectations for Equipment/Products and Services Being Proposed G. Solutions Based Solicitation DEFINITIONS A. Proposer — Vendor B. Contract C. Time D. Proposer's Response E. Currency F. FOB INSTRUCTIONS FOR PREPARING YOUR PROPOSAL A. Pre - Proposal Conference B. Identification of Key Personnel C. Proposer's Exceptions to Terms and Conditions D. Formal Instructions to Proposers E. Questions and Answers About This RFP F. Modification or Withdrawal of a Submitted Proposal G. Value Added Attributes, Products /Services H. Certificate of Insurance I. Order Process and/or Funds Flow J. Administrative Fees PRICING STRATEGIES A. Line -Item Pricing B. Percentage Discount From Catalog or Category C. Hot List Pricing D. Ceiling Price E. Volume Price Discounts F. Sourced Goods G. Cost Plus a Percentage of Cost H. Total Cost of Acquisition I. Requesting Product and Service Additions/Deletions J. Requesting Pricing Changes K. Price and Product Changes Format L. Single Statement of Pricing — Historical Record of Pricing M. Payment Terms N. Sales Tax O. Shipping and Shipping Program P. Normal Working Hours 2 of 49 11/12/2013 16.E.7. 5. MARKETING PLAN 6. PROPOSAL OPENING PROCEDURE 7. EVALUATION OF PROPOSALS A. Proposal Evaluation Process B. Proposer Responsiveness C. Proposal Evaluation Criteria D. Cost Scoring Evaluation E. Product Testing F. Past Performance Information G. Waiver of Formalities S. POST AWARD OPERATING ISSUES A. Subsequent Agreements B. NJPA Member Sign -up Procedure C. Reporting of Sale Activity D. Audits E. Hub Partner F. Trade -Ins G. Out of Stock Notification H. Termination of a Contract resulting from this RFP 1. GENERAL TERMS AND CONDIITONS A. Advertisement of RFP B. Advertising a Contract Resulting From This RFP C. Applicable Law D. Assignment of Contract E. Proposers List F. Captions, Headings, and Illustrations G. Confidential Information H. Data Privacy I. Entire Agreement J. Force Majeure K. Gratuities L. Hazardous Substances M. Legal Remedies N. Licenses O. Material Suppliers and Sub - Contractors P. Non - Wavier of Rights Q. Protests of Awards Made R. Provisions Required by Law S. Public Record T. Right to Assurance U. Suspension or Disbarment Status V. Human Rights Certificate W. Severability X. Relationship of Parties 10. FORMS A, B, C, D, E, G,H,I 11. PRE - SUBMISSION CHECKLSIT Packet Page -2675- 11/12/2013 16.E.7. 1. INTRODUCTION A. ABOUT NJPA 1_1 The National Joint Powers Alliance (&- (NJPA)- is a public agency serving as a national municipal contracting agency established under the Service Cooperative statute by Minnesota Legislative Statute § 123A.21 with the authority to develop and offer, among other services, cooperative procurement services to its membership. Eligible membership and participation includes states, cities, counties, all government agencies, both public and non - public educational agencies, colleges, universities and non- profit organizations 1_2 Under the authority of Minnesota state laws and enabling legislation, NJPA facilitates a competitive bidding and contracting process on behalf of the needs of itself and the needs of current and potential member agencies nationally. This process results in national procurement contracts with various Vendors of products /equipment and services which NJPA Member agencies desire to procure. These procurement contracts are created in compliance with applicable Minnesota Municipal Contracting Laws. A complete listing of NJPA cooperative procurement contracts can be found at h=: / /www.niRacooi).org /contract- purchasing- solutions /contracts 1_3 NJPA is a public agency governed by publicly elected officials that serve as the NJPA Board of Directors. NJPA's Board of Directors call for all proposals, awards all Contracts, and hosts those resulting Contracts for the benefit of its own and its Members use. 1.3.1 Subject to Approval of the NJPA Board: NJPA contracts are awarded by the action of NJPA Board of Directors. This action is based on the open and competitive bidding process facilitated by NJPA. The evaluation and resulting recommendation is presented to the Board of Directors by the NJPA Proposal Evaluation Committee. n 1_4 NJPA currently serves over 40,000 member agencies nationally. Both membership and utilization of NJPA contracts continue to expand, due in part to the increasing acceptance of Cooperative Purchasing throughout the government and education communities nationally. B. JOINT EXERCISE OF POWERS LAWS 1_5 NJPA cooperatively shares those contracts with its Members nationwide through various "Joint Exercise of Powers Laws" established in Minnesota and most other States. The Minnesota "Joint Exercise of Powers Law" is Minnesota Statute §471.59 which states "Two or more governmental units...may jointly or cooperatively exercise any power common to the contracting parties..." Similar Joint Exercise of Powers Laws exists within the laws of each State of the United States. This Minnesota Statute allows NJPA to serve Member agencies located in all other states. Municipal agencies nationally have the ability to participate in cooperative purchasing activities as a result of specific laws of their own state. These laws can be found on our website athttR://www.nipacoop.org/contract-purchasing-solutionsAe gal- authority /state - procurement- resources C. WHY RESPOND TO A NATIONAL COOPERATIVE PROCUREMENT CONTRACT 1_6 National Cooperative Procurement Contracts create value for Municipal and Public Agencies, as well as for Vendors of products /equipment and services in a variety of ways: 1.6.1 National cooperative contracts potentially save the time and effort of Municipal and Public Agencies who would have been otherwise charged with soliciting vendor responses to individual RFP's, resulting in individual contracts, to meet the procurement needs of their respective agencies. Considerable time and effort is also potentially saved by the Vendors who would have had to otherwise respond each of those individual RFPs. A single, nationally advertised RFP, resulting in a single, national cooperative contract can potentially replace thousands of individual RFPs for the same products /services that might have been otherwise 3 of 49 Packet Page -2676- 11/12/2013 16.E.7. advertised by individual NJPA member agencies. 1.6.2 NJPA contracts offer our Members nationally leveraged volume purchasing discounts. Our contract terms and conditions offer the opportunity for Vendors to recognize individual member procurement volume commitment through additional volume based contract discounts. 1_7 State laws that permit or encourage cooperative purchasing contracts do so with the belief that cooperative efficiencies will result in lower prices, better overall value, and considerable time savings. 1_8 The collective purchasing power of thousands of NJPA Member agencies nationwide offers the opportunity for volume pricing discounts. Although no sales or sales volume is guaranteed by a NJPA Contract resulting from this RFP, substantial volume is anticipated and volume pricing is requested and justified. 1_9 NJPA and its Members desire the best value for their procurement dollar as well as a competitive price. Pre- competed procurement contracts offer NJPA and its Member agencies the ability to directly compare non -price factors in their procurement analysis. Vendors have the opportunity to display and highlight value added attributes of their company, equipment/products and services without constraints of a typical individual proposal process. D. THE INTENT OF THIS RFP 1.10. A national contract awarded by the NJPA Board of Directors: The intent of this RFP is to Award a national contract by the action of the NJPA Board of Directors. This action will be influenced by the recommendation of the NJPA Proposal Evaluation Committee, and as a result of the competitive proposal and evaluation process which has been designed to reflect the best interests of NJPA and its Member agencies. NJPA is seeking the most responsive Vendor relationship(s) to meet this need. The goal and intent of this RFP is to follow through with an award and contract, which will be marketed nationally through a cooperative effort between the awarded vendor(s) and NJPA. 1.11 NJPA's primary intent is to establish and provide a national cooperative procurement contract, offering opportunities for NJPA and our Member agencies to procure quality equipment/products, goods and services as desired and needed. Contracts are expected to offer price levels reflective of the potential and collective volume of NJPA and the nationally established NJPA membership base. 1.11.1 Beyond our primary intent, NJPA further desires to: • Award a four year term contract with a fifth year contract option resulting from this RFP: • Offer and apply any applicable technology advances throughout the term of a contract resulting from this RFP; • Deliver "Value Added" aspects of the company, equipment/products and services as defined in the "Proposer's response "; • Deliver wide spectrums of solutions to meet the needs and requirement of NJPA and NJPA Member agencies. • Award an exclusive contract to the most responsive vendor when it is deemed to be in the best interest of NJPA and the NJPA Member agencies. 1.12 Non - Manufacturer Awards: NJPA reserves the right to make an award related to this invitation to a non - manufacturer or dealer /distributor if such action is in the best interests of NJPA and its Members. 1.13 Exclusive or Multiple Awards: Although it is NJPA's intent and desire to award a contract to a single exclusive Vendor, NJPA reserves the right to award a Contract to multiple Proposers where the responding Proposers are deemed to be in the best interests of NJPA and its Member agencies. 4 of 49 Packet Page -2677- 11/12/2013 16.E.7. E. SCOPE OF THIS RFP 1.14 The scope and goal of this RFP is to award a contract to a qualifying vendor defined as a manufacturer, provider, or dealer /distributor, established as a Proposer, and deemed responsive through our open and competitive proposal process. Vendors• will be awarded based on demonstrated overall highest value solutions which meet and/or exceed the needs and requirements of NJPA and its Member agencies within the scope of FOOTWEAR WITH RELATED GOODS AND SERVICES. Qualifying Proposers must be able to anticipate the needs and requirements of NJPA and NJPA member agencies, and demonstrate the knowledge of any and all applicable industry standards, laws and regulations; and the ability to both market to and service NJPA Members in all 50 states. NJPA requests proposers submit their entire product line as it applies and relates to the scope of this RFP. All" proposals deemed responsive will be evaluated based on their ability to provide the overall highest value to NJPA and NJPA Member agencies. One of the measures of overall highest value will be the proposed breadth and depth of products and services. 1.15 Best and Most Responsive — Responsible Proposer: It is the intent of NJPA to award a Contract to the best and most responsible and responsive Proposer(s) offering the best overall quality and selection of equipment/products and services meeting the commonly requested specifications of the NJPA and NJPA Members, provided the Proposer's Response has been submitted in accordance with the requirements of this RFP. 1.16 Sealed Proposals: NJPA will receive sealed proposal responses to this RFP in accordance with accepted standards set forth in the Minnesota Procurement Code and Uniform Municipal Contracting Law. Awards may be made to responsible and responsive Proposers whose proposals are determined in writing to be the most advantageous to NJPA and its current or qualifying future NJPA Member agencies. 1.17 Use of Contract: Any Contract resulting from this solicitation shall be awarded with the understanding that it is for the sole convenience of NJPA and its Members. NJPA and/or its members reserve the right to obtain like goods and services solely from this Contract or from another contract source of their choice or from a contract resulting from their own procurement process. 1.18 NJPA's interest in a contract resulting from this RFP: Not withstanding its own use, to the extent NJPA issues this RFP and any resulting contract for the use of its Members, NJPA's interests and liability for said use shall be limited to the competitive proposal process performed and terms and conditions relating to said contract and shall not extend to the products, service -s, or warranties of the Awarded Vendor or the intended or unintended effects of the goods and services procured there from. 1.19 Awarded Vendor's interest in a contract resulting from this RFP: Awarded Vendors will be able to offer to NJPA, and current and potential NJPA Members, only those goods and services specifically awarded on their NJPA Awarded Contract(s). Awarded Vendors may not offer as "contract compliant ", goods and services which are not specifically identified and priced in their NJPA Awarded Contract. 1.20 Sole Source of Responsibility- NJPA desires a "Sole Source of Responsibility" Vendor meaning the Vendor will take sole responsibility for the performance of delivered products /services. NJPA also desires sole responsibility with regard to: 1.21 -0.1 Scope of Products /Services: NJPA desires a provider for the broadest possible scope of the equipment/products, goods and services being proposed over the largest possible geographic area and to the largest possible cross - section of NJPA current and potential Members. 1.20.2 Vendor use of sub - contractors in sourcing or delivering goods and services: NJPA desires a single source of responsibility for equipment/products and services proposed. Proposer's 5 of 49 Packet Page -2678- 11/12/2013 16.E.7. are assumed to have sub - contractor relationships with all organizations and individuals whom are r external to the Proposer and are involved in providing or delivering the goods and services being proposed. Vendor assumes all responsibility for the equipment/products and services and actions of any such Sub - Contractor. 1.21 Additional Definitions for the scope of this solicitation. 1.21.1 In addition to FOOTWEAR WITH RELATED GOODS AND SERVICES, this solicitation should be read to include, but not limited to: 1.21.1.1 N/A 1.21.2 NJPA reserves the right to limit the scope of this solicitation for NJPA and current and potential NJPA member agencies. 1.22 Suggested Solutions Options 1.22.1 All potential Proposers are assumed to be professionals in their respective fields. As professionals you are deemed to be intimately familiar with the spectrum of NJPA and NJPA Member's needs and requirements with respect to the scope of this RFP. 1.22.2 With this intimate knowledge of NJPA and NJPA Member's needs, Proposers are instructed to provide their proposal response in a format describing their solutions to those current and future needs and requirements. Proposers should take care to be economical in their response to this RFP. n 1.223 Multiple solutions to the needs of NJPA and NJPA Members are possible. Examples could include: 1.22.3.1 Materials Only Solution: A Materials Only Solution may be appropriate for situations where NJPA or NJPA Members possess the ability, either in -house or through local third party contractors, to properly install and bring to operation those materials being proposed. 1.22.3.2 Turn -Key Solutions: A Turn -Key Solution is a combination of materials and services which provides a single price for materials, delivery, and installation to a properly operating status. Generally this is the most desirable solution as NJPA and NJPA Members may not possess, or desire to engage, personnel with the necessary expertise to complete these tasks internally or through other independent contractors 1.22.3.3 Good, Better, Best: Where appropriate and properly identified, Proposers are invited to offer the CHOICE of good — better — best multiple grade solutions to NJPA and NJPA Member's needs. 1.22.3.4 Proven — Accepted — Leading Edge Technology: Where appropriate and properly identified, Proposers are invited to provide the CHOICE of an appropriately identified spectrum of technology solutions to NJPA and NJPA Member's needs both now and into the future. 1.23 Overlap of Scope: ^ 1.23.1 When considering equipment, products, or groups of goods and services submitted as a part of your response, and whether inclusion of such will fall within a "Scope of Proposal ", please consider the validity of an inverse statement. 6 of 49 Packet Page -2679- 11/12/2013 16.E.7. • For example, pencils and post -it -notes can generally be classified as office supplies and office supplies generally include pencils and post -it- notes. • In contrast, computers (PC's and peripherals) can generally be considered office supplies, however the scope of office supplies does not generally include computers (servers and infrastructure). • In conclusion: With this in mind, individual products and services must be examined individually by NJPA, from time to time and in its sole discretion, to determine their compliance and fall within the original "Scope" as intended by NJPA. 1.24 Geographic Area to be Proposed: This RFP invites proposals to provide FOOTWEAR WITH RELATED GOODS AND SERVICES to NJPA and NJPA Members throughout the entire United States and possibly internationally. Proposers will be expected to express willingness to explore service to NJPA Members located abroad; however the lack of ability to serve Members outside of the United States will not be cause for non - award. The ability to serve Canada, for instance, will be viewed as a value - added attribute. 1.25 Manufacturer as a Proposer: If the Proposer is a Manufacturer or wholesale distributor, the response received will be evaluated on the basis of a response made in conjunction with that Manufacturer's Dealer Network. Unless stated otherwise, a Manufacturer or wholesale distributor Proposer is assumed to have a documented relationship with their Dealer Network where that Dealer Network is informed of, and authorized to accept, purchase orders pursuant to any Contract resulting from this RFP on behalf of the Manufacturer or wholesale distributor Proposer. Any such dealer will be considered a sub - contractor of the ProposerNendor. The relationship between the Manufacturer and wholesale distributor Proposer and its Dealer Network may be proposed at the time of the proposed submission if that fact is properly identified. 1.26 Dealer/Re -seller as a Proposer: If the Proposer is a dealer or re- seller of the products and/or services being proposed, the response will be evaluated based on the Proposer's authorization to provide those products and services from their manufacturer. Where appropriate, Proposers must document their authority to offer those products and/or services. 1.27 Contract Term: At NJPA's option a contract resulting from this RFP will become effective either; 1) The date awarded by the NJPA Board of Directors, or 2) The day following the expiration date of an existing NJPA procurement contract for the same or similar goods and services. 1.27.1 NJPA is seeking a Contract base term of four years subject to annual renewals as allowed by Minnesota Contracting Law. Full term is expected, however will only occur through successful annual renewals. One additional one -year renewal - extension may be offered by NJPA to Vendor beyond the original four year term if NJPA deems such action to be in the best interests of NJPA and its Members. 1.28 Minimum Contract Value: NJPA anticipates considerable activity resulting from this RFP and subsequent award; however no commitment of any kind is made concerning actual quantities to be acquired. NJPA does not guarantee usage. Usage will depend on the actual needs of the NJPA Members and the value of the awarded contract. 1.29 Estimated Contract Volume: Estimated quantities and sales volume are based on potential usage by NJPA and NJPA Member agencies nationally. 7 of 49 Packet Page -2680- 11/12/2013 16.E.7. 1.30 Largest Possible Solution: If applicable, Contracts will be awarded to Proposer(s) able to deliver a n proposal meeting the entire needs of NJPA and its Members within the scope of this RFP. NJPA prefers Proposers submit their complete product line of products and services described in the scope of this RFP. NJPA reserves the right to reject individual, or groupings of specific equipment/products and services proposals as a part of the award. 1.31 Contract Availability: This Contract must be available to all current and potential NJPA Members who choose to utilize this NJPA Contract to include all governmental and public agencies, public and private primary and secondary education agencies, and all non - profit organizations nationally. 1.32 Proposer's Commitment Period: In order to allow NJPA the opportunity to evaluate each proposal thoroughly, NJPA requires any response to this solicitation be valid and irrevocable for ninety (90) days after the date proposals were opened regarding this RFP. F. EXPECTATIONS FOR EQUIPMENT/PRODUCTS AND SERVICES BEING PROPOSED 1.33 Industry Standards: Except as contained herein, the specifications or solutions for this RFP shall be those accepted guidelines set forth by the FOOTWEAR WITH RELATED GOODS AND SERVICES industry, as they are generally understood and accepted within that industry across the nation. Submitted products /services, related services, and their warranties and assurances are required to meet and/or exceed all current, traditional and anticipated needs and requirements of NJPA and its Members. 1.33.1 Deviations from industry standards must be identified by the Proposer and explained how, in their opinion, the equipment/products and services they propose will render equivalent functionality, coverage, performance, and/or service. Failure to detail all such n deviations may comprise sufficient grounds for rejection of the entire proposal. 1.33.2 Technical Descriptions /Specifications. Proposers must supply sufficient information to: • Demonstrate the Proposer's knowledge of industry standards, and • identify the products and services being proposed, and • differentiate those products and services from others. Excessive technical descriptions and specifications which, in the opinion of NJPA unduly enlarge the proposal response may reduce evaluation points awarded on Form G. 1.34 Important note: NJPA does not typically provide product and service specifications; rather NJPA is requesting an industry standard or accepted specification for the requested products and services. Where specific line items are specified, those line items should be considered the minimum which can be expanded by the Proposer to deliver the Proposer's "Solution" to NJPA and NJPA Member's needs. 1.35 Commonly used Goods and Services: It is important that the equipment/products and services submitted are the equipment /products and services commonly used by public sector entities. 1.36 New Current Model Goods: Proposals submitted shall be for new, current model products and services with the exception of certain close -out products allowed to be offered on the Proposer's "Hot List" described herein. 1.37 Compliance with laws and standards: All items supplied on this Contract shall comply with any current applicable safety or regulatory standards or codes. 1.38 Delivered and operational; Products offered herein are to be proposed based upon being delivered and operational at the NJPA Member's site. Exceptions to "delivered and operational" must be explicitly 8 of 49 Packet Page -2681- 11/12/2013 16.E.7. disclosed in the "Total Cost of Acquisition" section of your proposal response. 1.39 Warranty: The ProposerNendor warrants that all products, equipment, supplies, and services delivered under this Contract shall be covered by the industry standard or better warranty. All products and equipment should carry a minimum industry standard manufacturer's warranty that includes materials and labor. The Proposer has the primary responsibility to submit product specific warranty as required and accepted by industry standards. Dealer/Distributors agree to assist the purchaser in reaching a solution in a dispute over warranty's terms with the manufacturer. Any manufacturer's warranty which is effective past the expiration of the warranty will be passed on to the NJPA member. Failure to submit a minimum warranty may result in non - award. 1.40 Proposer's Warrants: The Proposer warrants all goods and services furnished hereunder will be free from liens and encumbrances; and defects in design, materials, and workmanship; and will conform in all respects to the terms of this RFP including any specifications or standards. In addition, ProposerNendor warrants the goods and services are suitable for and will perform in accordance with the purposes for which they were intended. G. SOLUTIONS BASED SOLICITATION NJPA solicitations and contract process will typically not offer specifications for proposers to meet or base your response on. This RFP is a "Solutions Based Solicitation ". This means the proposers are asked to understand and anticipate the current and future needs of NJPA and the nationally located NJPA membership base, within the scope of this RFP, and including specifications commonly desired or required by law or industry standards. Your proposal will be evaluated in part on your demonstrated ability to meet or exceed the needs and requirements of NJPA and our member agencies. 3. DEFINITIONS A. PROPOSER - VENDOR 2_1 Exclusive Vendor- A sole Vendor awarded in a product category. NJPA reserves the right to award to an Exclusive Vendor in the event that such an award is in the best interests of NJPA Members. Such a Proposer must exhibit the ability to offer an outstanding overall program and demonstrate the ability and willingness to serve NJPA Members in all 50 states, and comply with all other requirements of this RFP. 2_2 Potential Proposer- A person or entity requesting a copy of this RFP. 2_3 Proposer- A company, person. or entity delivering a timely response to this RFP. 2_4 Vendor - One of a number of Proposers whose proposal has been awarded a contract pursuant to this RFP. 2_5 Request for Proposal- Herein referred to as RFP B. CONTRACT 2.6 "Contract" as used herein shall mean cumulative documentation consisting of this RFP, an entire Proposer's response, and a fully executed "Acceptance and Award" pursuant to this RFP. C. TIME 2.7 Periods of time, stated as number of days, shall be in calendar days. I.—I D. PROPOSER'S RESPONSE 9 of 49 Packet Page -2682- 11/12/2013 16.E.7. 2_8 A Proposer's Response is the entire collection of documents as they are received by NJPA from a Potential Proposer in response to this RFP. E. CURRENCY F. FOB 2_9 All transactions are payable in U.S. dollars on U.S. sales. All administrative fees are to be paid in U.S. dollars. 2.10 FOB stands for "Freight On Board" and defines the point at which responsibility for loss and damage of goods purchased are transferred from Seller to Buyer. "FOB Destination" defines that transfer of responsibility for loss is transferred from Seller to Buyer at the Buyer's designated delivery point. 2.11 FOB does not identify who is responsible for the costs of shipping. The responsibility for the costs of shipping is addressed elsewhere in this document. 3. INSTRUCTIONS FOR PREPARING YOUR PROPOSAL A. PRE - PROPOSAL CONFERENCE 3_1 A non - mandatory pre - proposal conference will be held at the date and time specified in the time line on page one of this RFP. Conference call and web connection information will be sent to all Potential Proposers through the same means employed in their inquiry. The purpose of this conference call is to Al—N, allow Potential Proposers to ask questions regarding this RFP. Only answers issued in writing by NJPA to questions asked before or during the Pre- proposal Conference shall be considered binding. B. IDENTIFICATION OF KEY PERSONNEL 3_2 Vendor will designate one senior staff individual who will represent the awarded Vendor to NJPA. This contact person will correspond with members for technical assistance, questions or problems that may arise including instructions regarding different contacts for different geographical areas as needed. 3_3 Individuals should also be identified (if applicable) as the primary contacts for the contents of this proposal, marketing, sales, and any other area deemed essential by the Proposer. C. PROPOSER'S EXCEPTIONS TO TERMS AND CONDITIONS 3_4 Any exceptions, deviations, or contingencies a Proposer may have to the terms and conditions contained herein must be documented on Form C. 3_5 Exceptions, Deviations or contingencies stipulated in Proposer's Response, while possibly necessary in the view of the Proposer, may result in disqualification of a Proposal Response. D. FORMAL INSTRUCTIONS TO PROPOSERS 3_6 It is the responsibility of all Proposers to examine the entire RFP package, to seek clarification of any item or requirement that may not be clear and to check all responses for accuracy before submitting a Proposal. Negligence in preparing a Proposal confers no right of withdrawal after the deadline for submission of proposals. 10 of 49 Packet Page -2683- 11/12/2013 16.E.7. 3_7 All proposals must be sent to "The National Joint Powers Alliance®, 202 12th ST NE Staples, MN 56479." 3_8 Format for proposal response: Please use Form A as the basic format for your response. Please use the general headings in Form A to "Section" your electronic response. All proposals must be physically delivered to NJPA at the above address in the following format: 3.8.1 Hard copy Original signed, completed, and dated forms C,D, E, H, and I from this RFP, 3.8.2 Hard copies of all addenda issued for the RFP with original counter signed by the Proposer, 3.8.3 Certificate of insurance verifying the coverage identified in this RFP, 3.8.4 Two complete copies of your response on A CD (Compact Disc) or flash drive containing completed Forms A,B,C,D,E,H, and I, your statement of products and pricing together with all appropriate attachments, and a Dunn and Bradstreet report on your organization. 3_9 All Proposal forms must be legible. All appropriate forms must be executed by an authorized signatory of the Proposer. Blue ink is preferred for signatures. 3.10 Proposal submissions should be submitted using the electronic forms provided. If a Proposer chooses to use alternative documents for their response, the proposer will be responsible for ensuring the content is effectively equal to the NJPA form and the document is in a format readable by NJPA. 3.11 It is the responsibility of the Proposer to be certain the proposal submittal is in the physical possession of NJPA on or prior to the deadline for submission of proposals. 3.11.1 Proposals must be submitted in a sealed envelope or box properly addressed to NJPA and prominently identifying the proposal number, proposal category name, the message "Hold for Proposal Opening ", and the deadline for proposal submission. NJPA cannot be responsible for late receipt of proposals. Proposals received by the correct deadline for proposal submission will be opened and the name of each Proposer and other appropriate information will be publicly read. ^ 3.12 Corrections, erasures, and interlineations on a Proposer's Response must be initialed by the authorized signer in original ink on all copies to be considered. . 3.13 Addendums to the RFP: The Proposer is responsible for ensuring receipt of all addendums to this RFP. 3.13.1 Proposer's are responsible for checking directly with the NJPA website for addendums to this RFP. 3.13.2 Addendums to this RFP can change terms and conditions of the RFP including the deadline for submission of proposals. E. QUESTIONS AND ANSWERS ABOUT THIS RFP 3.14 Upon examination of this RFP document, Proposer shall promptly notify the NJPA of any ambiguity, inconsistency, or error they may discover. Interpretations, corrections and changes to this RFP will be made by NJAP through addendum. Interpretations, corrections, or changes made in any other manner will not be binding and Proposer shall not rely upon such. 3.15 Submit all questions about this RFP, in writing, referencing "FOOTWEAR WITH RELATED GOODS AND SERVICES to Gregg Meierhofer, NJPA 202 12th Street NE, Staples, MN 56479 or RFP @njpacoop.org. Those not having access to the Internet may call Gregg Meierhofer at (218) 894- 1930. Requests for additional information or interpretation of instructions to Proposers or technical specifications shall also be addressed to Gregg Meierhofer. NJPA urges Potential Proposers to communicate all concerns well in advance of the deadline to avoid misunderstandings. Questions received less than seven (7) days ending at 4:00 p.m. Central Time of the seventh (7h) calendar day prior to proposal due -date cannot be answered. 11 of 49 Packet Page -2684- 11/12/2013 16.E.7. 11—IN 3.16 If the answer to a question is deemed by NJPA to have a material impact on other potential proposers or the RFP itself, the answer to the question will become an addendum to this RFP. 3.17 If the answer to a question is deemed by NJPA to be a clarification of existing terms and conditions and does not have a material impact on other potential proposers or the RFP itself, no further documentation of that question is required. 3.18 As used in this solicitation, clarification means communication with a Potential Proposer for the sole purpose of eliminating minor irregularities, informalities, or apparent clerical mistakes in the RFP. 3.19 Addenda are written instruments issued by NJPA that modify or interpret the RFP. All addenda issued by NJPA shall become a part of the RFP. Addenda will be delivered to all Potential Proposers using the same method of delivery of the original RFP material. NJPA accepts no liability in connection with the delivery of said materials. Copies of addenda will also be made available on the NJPA website at www.nj ap coop.org by clicking on "Current Proposals" and from the NJPA offices. No questions will be accepted by NJPA later than five (5) days prior to the deadline for receipt of proposals, except an addendum withdrawing the request for proposals or one that includes postponement of the date of receipt of proposals. Each Potential Proposer shall ascertain prior to submitting a Proposal that it has received all addenda issued, and the Proposer shall acknowledge their receipt in its Proposal Response. 3.20 An amendment to a submitted proposal must be in writing and delivered to NJPA no later than the time specified for opening of all proposals. MODIFICATION OR WITHDRAWAL OF A SUBMITTED PROPOSAL 3.21 A submitted proposal may not be modified, withdrawn from or cancelled by the Proposer for a period of ninety (90) days following the date proposals were opened regarding this RFP. Prior to the deadline for submission of proposals, any proposal submitted may be modified or withdrawn by notice to the NJPA Manager of Bids and Contracts. Such notice shall be submitted in writing and include the signature of the Proposer and shall be delivered to NJPA prior to the deadline for submission of proposals and it shall be so worded as not to reveal the content of the original proposal. However, the original proposal shall not be physically returned to the Potential Proposer until after the official proposal opening. Withdrawn proposals may be resubmitted up to the time designated for the receipt of the proposals if they are then fully in conformance with the Instructions to Proposer. G. VALUE ADDED ATTRIBUTES, PRODUCTS /SERVICES 3.22 Examples of Value Added Attributes: Value -Added attributes, products and services are items offered in addition to the products and services being proposed which adds value to those items being proposed. The availability of a contract for maintenance or service after the initial sale, installation, and set -up may, for instance, be "Value Added Services" for products where a typical buyer may not have the ability to perform these functions. 3.23 Where to document Value Added Attributes: The opportunity to indicate value added dimensions and such advancements will be available in the Proposer's Questionnaire and Proposer's product and service submittal. 3.24 Value added equipment/products and services and expanded services, as they relate to this RFP, will be given positive consideration in the award selection. Consideration will be given to an expanded selection of "FOOTWEAR WITH RELATED GOODS AND SERVICES ", and advances to provide products /services, supplies meeting and /or exceeding today's industry standards and expectations. A value add would include a program or service that further serves the members needs above and possibly lo-1.1 beyond standard expectation and complements the equipment/products and services and training. Value added could include areas of product and service, sales, ordering, delivery, performance, maintenance, technology, and service that furthers the functionality and effectiveness of the procurement process while 12 of 49 Packet Page -2685- 11/12/2013 16.E.7. remaining within the scope of this RFP. 3.25 Minority, Small Business, and Women Business Enterprise (WMBE) participation: It is the policy of some NJPA Members to involve Minority, Small Business, and WMBE contractors in the purchase of goods and services. Vendors should document WMBE status for their organization AND any such status of their affiliates (i.e. Supplier networks) involved in carrying out the activities invited. The ability of a Proposer to provide "Credits" to NJPA and NJPA Members in these subject areas, either individually or through related entities involved in the transaction, will be evaluated positively by NJPA. NJPA is committed to facilitating the realization of such "Credits" through certain structuring techniques for transactions resulting from this RFP. 3.26 Environmentally Preferred Purchasing Opportunities: There is a growing trend among NJPA Members to consider the environmental impact of the equipment/products and services they purchase. Please identify any "Green" characteristics of the goods and services in your proposal and identify the sanctioning body determining that characteristic. Where appropriate, please indicate which products have been certified as "green" and by which certifying agency. 3.27 On -Line Requisitioning systems: When applicable, on -line requisitioning systems will be viewed as a value -added characteristic. Proposer shall include documentation about user interfaces that make on- line ordering easy for NJPA Members as well as the ability to punch -out from mainstream e- Procurement or Enterprise Resource Planning (ERP) systems that NJPA Members may currently utilize. 3.28 Financing: The ability of the Proposer to provide financing options for the products and services being proposed will be viewed as a Value Added Attribute. H. CERTIFICATE OF INSURANCE 3.29 Proposer shall provide evidence of liability insurance coverage identified below in the form of an n ACCORD binder form with their proposal. Upon Award issued pursuant to this contract, and prior to the execution of any commerce relating to such award, Vendor will be responsible for providing verification, in the form of an ACCORD binder identifying the coverage required below and identifying NJPA as a "Certificate Holder" and an "Additional Insured ". Vendor will be responsible to maintain such insurance coverage at their own expense throughout the term of any contract resulting from this solicitation. 3.30 Vendor, upon award, shall be required to maintain the following insurance coverage's during the term of the NJPA Contract: (1) Workers Compensation insurance (Occurrence) with the following minimum coverage's: Bodily injury by accident - -per employee $100,000; Bodily injury by disease- -per employee $100,000; Policy limits $500,000. In addition, Proposer shall require all subcontractors occupying the premises or performing work under the contract to obtain an insurance certificate showing proof of Workers Compensation Coverage with the following minimum coverage's: Bodily injury by accident - -per employee $100,000; Bodily injury by disease- -per employee $100,000; Policy limits $500,000. (2) Commercial General Liability Policy per occurrence $1,000,000. (3) Business Auto Policy to include but not be limited to liability coverage on any owned, non - owned and hired vehicle used by Proposer or Proposer's personnel in the performance of this Contract. The Business Automobile Policy shall have a per occurrence limit of $1,000,000. 3.31 The foregoing policies shall contain a provision that coverage afforded under the policies will not be canceled, or not renewed or allowed to lapse for any reason until at least thirty (30) days prior written notice has been given to NJPA. Certificates of Insurance showing such coverage to be in force shall be filed with NJPA prior to commencement of any work under the contract. The foregoing policies shall be obtained from insurance companies licensed to do business nationally and shall be with companies 13 of 49 Packet Page -2686- 11/12/2013 16.E.7. acceptable to NJPA, which must have a minimum AM Best rating of A -. All such coverage shall remain in full force and effect during the term and any renewal or extension thereof. I. ORDER PROCESS AND /OR FUNDS FLOW 3.32 Please propose an order process and funds flow. Please choose from one of the following: 3.32.1 13-TO-G: The Business -to- Government order process and/or funds flow model involves NJPA Members issuing Purchase Orders directly to a Vendor and pursuant to a Contract resulting from this RFP. 3.32.3 Other: Please fully identify. J. ADMINISTRATIVE FEES 3.33 Proposer agrees to authorize and /or allow for an administrative fee payable to NJPA by an Awarded Vendor in exchange for its facilitation and marketing of a Contract resulting from this RFP to current and potential NJPA Members. This Administration Fee shall be: 3.331 Calculated as a percentage of the dollar volume of all equipment/products and services provided to and purchased by NJPA Members or calculated as reasonable and acceptable method applicable to the contracted transaction, and 3.33.2 Included in, and not added to, the pricing included in Proposer's Response to this RFP, and 3.33.3 Designed to offset the anticipated costs of NJPA's involvement in facilitating the establishment, Vendor training, and the order /product/funds flow of the Contract resulting from n this RFP, and other uses as deemed appropriate by NJPA's Board of Directors from time to time. 3.33.3.1 Typical administrative fees for a B -TO -G order process and funds flow is 2.0 %. 3.34 The opportunity to propose these factors and an appropriate administrative fee is available in the Proposer's Questionnaire. 4. PRICING STRATEGIES 4_1 NJPA requests Potential Proposers respond to this RFP only if they are able to offer a wide array of equipment /products and services and at prices lower and better value than what they would ordinarily offer to single government agency, larger school district, or regional cooperative. 4_2 RFP is an "Indefinite Quantity Product/Service Price Request" with potential national sales distribution and service. Proposers are agreeing to fulfill Contract obligations regarding each product/service to which you provide a description and a price. If Proposer's solution requires additional supporting documentation, describe where it can be found in your submission. If Proposer offers the solution in an alternative fashion, describe your solution to be easily understood. All pricing must be copied on a CD along with other requested information as a part of a Proposer's Response. 4_3 Regardless of the payment method selected by NJPA or NJPA Member, a total cost associated with any purchase option of the equipment/products and services and being supplied must always be disclosed at the time of purchase. 4_4 Primary Pricing/Secondary Pricing Strategies- All Proposers will be required to submit "Primary Pricing" in the form of either "Line -Item Pricing," or "Percentage Discount from Catalog Pricing," or a combination of these pricing strategies. Proposers are also encouraged to offer OPTIONAL pricing ^ strategies including "Hot List," "Sourced Goods," and "Volume Discounts," as well as financing options such as leasing. 14 of 49 Packet Page -2687- 11/12/2013 16.E.7. A. LINE -ITEM PRICING 4_5 Line -Item pricing- A pricing format where specific individual products and/or services are offered at specific individual Contract prices. Products and /or services are individually priced and described by characteristics such as manufacture name, stock or part number, size, or functionality. This method of pricing offers the least amount of confusion as products and prices are individually identified, however Proposers with a large number of products to propose may find this method cumbersome. In these situations, a percentage discount from catalog or category pricing model may make more sense. 4_6 All Line -Item Pricing items must be numbered, organized, sectioned, including SKU's (when applicable) and easily understood by the Proposal Evaluation Committee and members. 4_7 Line -Item Pricing items are to be submitted in an Excel spreadsheet format provided and are to include all appropriate identification information necessary to discern the line item from other line items in each Proposer's proposal. 4_8 The purpose for the excel spreadsheet format for Line -Item Pricing is to be able to use the "Find" function to quickly find any particular item of interest. For that reason, Proposers are responsible for providing the appropriate product and service identification information along with the pricing information which is typically found on an invoice or price quote for such products and services. 4_9 All products and services typically appearing on an invoice or price quote must be individually priced and identified on the line -item price sheet, including any and all ancillary costs. 4.10 Proposers are asked to provide both a "List" price as well as a "Proposed Contract Price" in their pricing matrix. "List" price will be the standard "quantity of one" price currently available to government ^ and educational customers excluding cooperative and volume discounts B. PERCENTAGE DISCOUNT FROM CATALOG OR CATEGORY 4.11 Percent Discount From Catalog, list or Category Pricing- A specific percentage discount from a "Catalogue or List Price" defined as a Manufacturer's Suggested Retail Price (MSRP) for the products or services being proposed. 4.12 Individualized percentage discounts can be applied individually to any number of defined product groupings. 4.13 A Percentage Discount from MSRP may be applied to all elements identified in MSRP including the base vehicle AND all Manufacturer Options. 4.14 Dealer supplied Options will be priced using a "Sourced Goods Multiplier" as defined herein. 4.15 When a Proposer elects to use "Percentage Discount from Catalog or Category," Proposer will be responsible for providing and maintaining current "MSRP" with NJPA both in their proposal and throughout the term of any Contract resulting from this RFP. 4.16 NJPA reserves the right to review catalogs submitted to determine if the represented products and services reflect the scope of this RFP. Each new catalog received may have the effect of adding new product offerings and deleting products no longer carried by the Vendor. New catalogs shall apply to the Contract only upon approval of the NJPA. Non - approved use of catalogs may result in termination for convenience. New price lists or catalogs found to be offering non- contract items during the Contract may ^ be grounds for terminating the Contract for convenience. New optional accessories for equipment may be 15 of 49 Packet Page -2688- 11/12/2013 16.E.7. added to the Contract at the time they become available. C. HOT LIST PRICING 4.17 Where applicable, NJPA also invites the -Vendor, at their option, to offer a specific selection of products /services, defined as a Hot List Pricing, at greater discounts than those listed in the standard Contract pricing. All product/service pricing, including the Hot List Pricing, must be submitted in hard copy as well as electronically provided in Excel format. Hot List pricing must be submitted in a Line - Item format. Providing a "Hot List" of equipment/products and services is optional. Equipment/products and services may be added or removed from the "Hot List" at any time provided that current "Hot List" prices are provided to NJPA at all times. 4.18 Hot List pricing when applicable may also be used to discount and liquidate close -out and discontinued equipment/products and services as long as those close -out and discontinued items are clearly labeled as such. Current ordering process and administrative fees apply. This option must be published and made available to all NJPA Members. 4.19 Hot List Pricing is allowed to change at the discretion of the Vendor within the definition of Hot List Pricing. The Vendor is responsible to maintain current Hot List product/service descriptions and Pricing with NJPA. D. CEILING PRICE 4.20 Proposal pricing is to be established as a ceiling price. At no time may the proposed equipment/products and services be offered pursuant to this Contract at prices above this ceiling price without approval by NJPA. IWORTANT NOTE: Contract prices may be reduced to allow for volume n considerations and commitments and to meet the specific and unique needs of an NJPA Member. 4.21 Allowable specific needs may include competitive situations, certain purchase volume commitments or the creation of custom programs based on the individual needs of NJPA Members. E. VOLUME PRICE DISCOUNTS 4.22 Proposers are free to offer volume discounts from the contract pricing documented in a Contract resulting from this RFP. Volume considerations shall be determined between the Vendor and individual NJPA Members on a case -by -case basis. 4.23 Nothing in this Contract establishes a favored member relationship between the NJPA or any NJPA Member and the Vendor. The Vendor will, upon request by NJPA Member, extend this same reduced price offered or delivered to another NJPA Member provided the same or similar volume commitment, specific needs, terms, and conditions, a similar time frame, seasonal considerations, locations, competitively situations and provided the same manufacturer support is available to the Vendor. 4.24 All price adjustments are to be offered equally to all NJPA Members exhibiting the same or substantially similar characteristics such as purchase volume commitments, and timing including the availability of special pricing from the Vendor's suppliers. F. SOURCED GOODS 4.25 NJPA and NJPA Members may, from time to time, request goods and/or equipment/products and services within the scope of this RFP which are not included in an awarded Vendor's line -item product /service listing or "list or catalog" known as Sourced Goods. 4.26 An awarded Vendor resulting from this RFP may "Source" these equipment/products and services 16 of 49 Packet Page -2689- 11/12/2013 16.E.7. for NJPA or NJPA Member to the extent they: 4.26.1 Include in their proposal response a cost -plus- percentage -of -cost pricing factor for such Sourced goods and services, and 4.26.2 Provide as many quotes for the Member's "Total Cost of Acquisition" for the goods and services to be sourced as may reasonably be required by NJPA Member. 4.26.3 Provide "Sourced Goods" only to the extent that they are incidental to the total transaction being contemplated. G. COST PLUS A PERCENTAGE OF COST 4.27 Except as provided in "Sourced Goods" above, cost plus a percentage of cost as a primary pricing mechanism is not desirable. H. TOTAL COST OF ACQUISITION 4.28 The Total Cost of Acquisition for the equipment/products and services being proposed, including those payable by NJPA Members to either the Proposer or a third party, shall be defined as: • The cost of the proposed goods and services delivered and operational for its intended purpose in the end - user's location. 4.29 For example, if you are proposing a materials only "Warehouse Goods contract FOB Proposer's dock and physically at the Proposer's dock, your proposal would .identify your deviation from the "The Total Cost of Acquisition" is to be "Proposal does not provide for delivery beyond Proposer's dock, nor any set -up activities or costs associated with those delivery or set -up activities." In contrast, proposed terms including all costs for goods and services delivered and operational at to the end - user's location would require a disclosure of "None" L REQUESTING PRODUCT AND SERVICE ADDITIONS/DELETIONS 4.30 Requests for product, service, and price additions, deletions, or changes must be made in written form and shall be subject to approval by NJPA. 4.31 New equipment/products and services may be added to a Contract resulting from this RFP at any time during that Contract to the extent those equipment/products and services are within the scope of this RFP. Those requests are subject to review and approval of NJPA. Allowable new equipment/products and services generally include new updated models of equipment/products and services and or enhanced services previously offered which could reflect new technology and improved functionality. 4.32 Proposers representing multiple manufacturers, or carrying multiple related product lines may also request the addition of new manufacturers or product lines to their Contract to the extent they remain within the scope of this RFP. 4.33 NJPA's due diligence in analyzing any request for change is to determine if approval of the request is 1) within the scope of the original RFP, and 2) in the "Best Interests of NJPA and NJPA Members." We are looking for consistent pricing and delivery mechanisms and an understanding of what value the proposal brings to NJPA and NJPA Members. 4.34 Documenting the "Best Interests of NJPA and NJPA Members" when outdated equipment is being deleted is fairly straight forward since the product is no longer available and not relevant to the procurement Contract. 17 of 49 Packet Page -2690- 11/12/2013 16.E.7. 4.35 Requests must be in the form of 1) a cover letter to NJPA a) asking to add the product line, b) A-.N making a general statement identifying how the products to be added are within the scope of the original RFP, and c) making a general statement identifying that, if appropriate, the pricing is consistent with the existing Contract pricing and 2) the detail as to what is being added at what price will then be an attachment to that cover letter. 4.36 NJPA's intent here is to encourage Proposers to provide and document NJPA's due diligence in a clear and concise one page format on which we can stamp and sign our acknowledgment and acceptance. This information must ultimately come from Proposers, and NJPA is requiring it in this format. J. REQUESTING PRICING CHANGES 1.37 Price Decreases: Requests for standard Contract price decrease adjustments (percentage discount increases) are encouraged and will be allowed at any time based on market place efficiencies, market place competitiveness, improved technologies and/or improved methods of delivery or if Vendor engages in innovative procurement practices such as strategic sourcing, aggregate and volume purchasing. NJPA expects Vendors to propose their very best prices and anticipates price reductions due to the advancement of technologies and market place efficiencies. Documenting the `Best Interests of NJPA and NJPA Members" is pretty easy when we are documenting price reductions. 4.38 Price increases: Requests for standard contract price increases (or the inclusion of new generation products /services /services at higher prices) can be made at any time. These requests will again be evaluated by NJPA based on the best interests of NJPA and NJPA Members. As an example, typically acceptable requests for price increases for existing equipment/products and services may cite increases to the Vendor of input costs such as petroleum or other applicable commodities. Typically acceptable requests for price increases for new equipment/products and services enhance or improve on the current solutions currently offered as well as cite increases in utility of the new compared to the old. Vendors are requested to reasonably document the claims cited in their requests. Your written request for a price increase, therefore, is an exercise in describing what you need, and a justification for why you need it in sufficient detail for NJPA to deem such change to be in the best interests of our self and our Members. 4.39 Price Change Request Format: An awarded Proposer will use the format of a cover letter requesting price increases in general terms (a 5% increase in product line X) and stating their justification for that price increase (due to the recent increase in petroleum costs) by product category, Specific details for the requested price change must be attached to the request letter identifying product/services where appropriate, both current and proposed pricing. Attachments such as letters from suppliers announcing price increases are appropriate for documenting your requests here. K. PRICE AND PRODUCT CHANGES FORMAT 4.40 NJPA's due diligence regarding product and price change requests is to consider the reasonableness of the request and document consideration on behalf of our members. We would appreciate it if you would send the following documentation to request a pricing change: 4.40.1 A cover letter: a. Please address the following subjects in your cover letter: L What product/service prices are changing? ii. How much are the prices changing? iii. Why are the prices changing? iv. Any additions or deletions from the previous product list and the reason for the changes. b. The specifics of the product/services and price changes will be listed in the excel spreadsheets identified below. Please take a more general "Disclosure" approach to identifying changes in the cover letter. 18 of 49 Packet Page -2691- 11/12/2013 16.E.7. i. If appropriate, for example, state, "All paper equipment/products and services increased 5 % in price due to transportation costs." ii. If appropriate, for instance, state, "The 6400 series floor polisher added to the product list is the new model replacing the 5400 series. The 6400's 3% price increase reflects the rate of inflation over the past year. The 5400 series is now included in the "Hot List" at a 20% discount from previous pricing until remaining inventory is liquidated." 4.40.2 An excel spreadsheet identifying all equipment/products and services being offered and their pricing. Each subsequent pricing update will be saved using the naming convention of "(Vendor Name) pricing effective XX/XX/XXXX." a. Include all equipment/products and services regardless of whether their prices have changed. By observing this convention we will: i. Reduce confusion by providing a single, easy to find, current pricing sheet for each Vendor. ii. Create a historical record of pricing. L. SINGLE STATEMENT OF PRICING/HISTORICAL RECORD OF PRICING 4.41 Initially; and with each request for product addition, deletion, and pricing change; all equipment/products and services and services available, and the prices for those equipment/products and services and services will be stated in an Excel workbook. The request for price changes described above will serve as the documentation for those requested changes. Each complete pricing list will be identified by its "Effective Date." Each successive price listing identified by its "Effective Date" will create a "Product and Price History" for the Contract. 4.42 Proposers may use the multiple tabs available in an Excel workbook to separately list logical product groupings or to separately list product and service pricing as they see fit. 4.43 All equipment/products and services together with their pricing, whether changed within the request or remaining unchanged, will be stated on each "Pricing" sheet created as a result of each request for product, service, or pricing change. 4.44 Each subsequent "Single Statement of Product and Pricing" will be archived by its effective date therefore creating a product and price history for any Contract resulting from this RFP. M. PAYMENT TERMS 4.45 Payment terms will be defined by the Proposer in the Proposer's Response. Proposers are encouraged to offer payment terms through P Card services. 4.46 Leasing- If available, identify any leasing programs available to NJPA and NJPA Members as part of your proposed. Proposers should submit an example of the lease agreement to be used. Proposers should identify: • General leasing terms such as: • The percentage adjustment over /under an index rate used in calculating the internal rate of return for the lease; and • The index rate being adjusted; and • The "Purchase Option" at lease maturity ($l, or fair market value); and o The available tern in months of lease(s) available. • Leasing company information such as: • The name and address of the leasing company; and • Any ownership, common ownership, or control between the Proposer and the Leasing Company 19 of 49 Packet Page -2692- 11/12/2013 16.E.7. N. SALES TAX 4.47 Sales and other taxes, where applicable, shall not be included in the prices quoted. Vendor will charge state and local sales and other taxes on items for which a valid tax exemption certification has not been provided. Each NJPA Member is responsible for providing verification of tax exempt status to Vendor. When ordering, if applicable, NJPA Members must indicate that they are tax exempt entities. Except as set forth herein, no party shall be responsible for taxes imposed on another party as a result of or arising from the transactions contemplated by a Contract resulting from this RFP. O. SHIPPING AND SHIPPING PROGRAM 4.48 Shipping program for material only proposals, or sections of proposals, must be defined as a part of the cost of goods. If shipping is charged to NJPA or NJPA Member, only the actual cost of delivery may be added to an invoice. Shipping charges calculated as a percentage of the product price may not be used, unless such charges are lower than actual delivery charges. No COD orders will be accepted. It is desired that delivery be made within ninety -days (90) of receipt of the Purchase Order. 4.49 Any shipping cost charged to NJPA or NJPA Members will be considered to be part of "proposal pricing." 4.50 Additional costs for expedited deliveries will be at the additional shipping or handling expense to the NJPA Member. 4.51 Selection of a carrier for shipment will be the option of the party paying for said shipping. Use of another carrier will be at the expense of the requester. 4.52 Proposers must define their shipping programs for Alaska and Hawaii and any location not served by conventional shipping services. Over -size and over - weight items and shipments may be subject to custom freight programs. 4.53 Proposals containing restocking fees are less advantageous than those not containing re- stocking fees. That being said, certain industries cannot avoid restocking fees. Certain industries providing made to order goods may not allow returns. With regard to returns and restocking fees, Proposers will be evaluated based on the relative flexibility extended to NJPA and NJPA Members relating to those subjects. Where used, restocking fees in excess of 15% will not be considered excessive. Restocking fees may be waived, at the option of the ProposerNendor. Indicate all shipping and re- stocking fees in price program. 4.54 Proposer agrees shipping errors will be at the expense of the Vendor. For example, if a Vendor ships a product that was not ordered by the member, it is the responsibility of the Vendor to pay for return mail or shipment at the convenience of the member. 4.55 Unless specifically stated otherwise in the "Shipping Program" of a Proposer's Response, all prices quoted must be F.O.B. destination with the freight prepaid by the Vendor. Time is of the essence on this Contract. If completed deliveries are not made at the time agreed, NJPA or NJPA Member reserves the right to cancel and purchase elsewhere and hold Vendor accountable. If delivery dates cannot be met, Vendor agrees to advise NJPA or NJPA Member of the earliest possible shipping date for acceptance by NJPA or NJPA Member. 20 of 49 Packet Page -2693- 11/12/2013 16.E.7. 4.56 Goods and materials must be properly packaged. Damaged goods and materials will not be accepted, or if the damage is not readily apparent at the item of delivery, the goods shall be returned at no cost to NJPA or NJPA Member. NJPA and NJPA Members reserve the right to inspect the goods at a reasonable time subsequent to delivery where circumstances or conditions prevent effective inspection of the goods at the time of delivery. 4.57 Vendor shall deliver Contract conforming products in each shipment and may not substitute products without approval from NJPA Member. 4.58 NJPA reserves the right to declare a breach of Contract if the Vendor intentionally delivers substandard or inferior products which are not under Contract and described in its paper or electronic price lists or sourced upon request to any member under this Contract. In the event of the delivery of a non - conforming product, NJPA Member will immediately notify Vendor and Vendor will replace non- conforming product with conforming product. 4.59 Throughout the term of the Contract, Proposer agrees to pay for return shipment on goods that arrive in a defective or inoperable condition. Proposer must arrange for the return shipment of damaged goods. 4.60 Unless contrary to other parts of this solicitation, if the goods or the tender of delivery fail in any respect to conform to this Contract, the purchasing member may: 1) reject the whole, 2) accept the whole or 3) accept any commercial unit or units and reject the rest. P. NORMAL WORKING HOURS 4.61 Prices quoted are for equipment/products and services delivered during normal business hours. Normal Business hours will be as specifically defined herein, defined through industry standards OR defined through statement contained in the purchase /work order issued pursuant to a Contract resulting from this RFP. 5. MARKETING PLAN 5_1 Internal Marketing Plan: Our sales force is your sales force. If you are awarded a contract based on this solicitation your sales force will be the primary driver of everyone's success. Your sales force needs to be aware that: • The use of the NJPA Contract will save their customer (NJPA's Member) the time and effort of bringing a new individual Request For Proposal (RFP); • The use of the NJPA Contract will your sales force the time and effort of responding to individual Request For Proposals (RFPs); • The use of the NJPA Contract will guaranty that NJPA members have the ability to choose you An award of Contract resulting from this RFP is an opportunity for the awarded contractor to pursue commerce with, and deliver value to NJPA and NJPA Members nationwide. An award of Contract is not an opportunity to see how much business NJPA can drive to an awarded Vendor's door. Your internal marketing plan should serve to: 5.1.1 Identify the appropriate levels of sales management whom will need to understand the value of, and the internal procedures necessary to deliver this Contract opportunity to NJPA and NJPA Members through your sales force. 5.1.2 Identify, in general, your national foot print and dedicated feet -on- the -street sales force that will be carrying this Contract message and opportunity in the field to NJPA Members. Outline the sale force in terms of numbers and geographic distribution. 5.1.2.1 Identify whether your sales force are employees or independent contractors. 21 of 49 Packet Page -2694- 11/12/2013 16.E.7. 5.1.3 Identify your plan for delivering training to these individuals. 5.1.3.1 Will you have your sales force gathered at national or regional events in the near future? Does you sales force have the ability to participate in webinar or webcast events? 5.1.3.2 NJPA is prepared 'to provide our personnel in your location for sales training and/or on a webinar or webcast where sufficient efficiencies can be shown in reaching the appropriate groups within your employee base, and sufficient numbers of personnel trained. 5.1.4 Identify your personnel involved in training. 5.1.4.1 NJPA can provide personnel to deliver training regarding the Contract itself, the authority of NJPA to offer the Contract vehicle to its Members, the value the Contract vehicle delivers to NJPA and NJPA Members, the scope of NJPA Membership, and the authority of NJPA Members to utilize our procurement contracts. 5.1.4.2 Your personnel will be needed to provide training regarding employee compensation and internal procedures when delivering the Contract opportunity, and how this Contract purchasing opportunity relates with other such opportunities available. 5_2 Success in marketing is dependent upon 1) the delivery of value as defined in section 1.4, 2) the delivery of knowledge of the program and its proper use and utility, and 3) the delivery of opportunity and reward which creates a personal commitment to the program. NJPA desires a marketing plan that: 5.2.1 identifies the value delivered in a competitively proposed national cooperative procurement contract by relieving both the NJPA Member and the Vendor/Vendor's sales staff of the n responsibility for bringing and answering many similar and individual RFP's; and 5.2.2 identifies the appropriate Vendor personnel from both management and sales staff who will be trained on the use and utility of such a contract and a general schedule of when and how those individuals will be trained; and 5.2.3 identifies in general how the reward system for the marketing, delivery, and service chain of the Vendor will be affected by the implementation of the proposed Contract and how that will be proposed to those individuals in terms of the value created for them and their departments in 5. 1.1 above. 5_3 External Marketing Plan: NJPA is seeking the ability to serve all our current and potential members nationwide. The Proposer must demonstrate the ability to both market and service their products /services /services nationwide. Please demonstrate your sales and service force contains sufficient people in sufficient proximities, to receive the knowledge, opportunity, and reward in order to make a personal commitment to serving NJPA and NJPA Members nationwide. 5_4 The Proposer must exhibit the willingness and ability to develop marketing materials and participate in marketing venues such as: 5.4.1 Printed Marketine Materials. Proposer will initially produce and thereafter maintain full color print advertisements in camera ready electronic format including company logos, identifying the Vendor, the Vendor's general utility for NJPA and NJPA Members, and contact information to be used by NJPA and NJPA Members in a full page, half page, and quarter page formats. These advertisements will be used in the NJPA Catalog and publications. 5.4.2 Press releases and advertisements. Proposer will identify a marketing plan identifying their anticipated press releases, contract announcements, advertisements in industry periodicals, or 22 of 49 Packet Page -2695- 11/12/2013 16.E.7. other direct or indirect marketing activities. 5.4.3 Proposer's Website. Proposer will identify how an Awarded Contract will be displayed on the Proposer's website. An on -line shopping experience for NJPA and NJPA Members is desired when applicable and will be viewed as a value -added attribute to a Proposer's Response. 5.4.4 Trade Shows. Proposer will outline their proposed involvement in the promotion of a Contract resulting from this RFP through trade shows. Vendors are encouraged to identify tradeshows and other appropriate venues for the promotion of any such Contract. Vendors are strongly encouraged to participate in cooperation with NJPA at NJPA embraced trade shows. Examples of such could include: NAEP National Association of Education Procurement I -ASBO International Association of School Business Officials NIGP National Institute of Government Purchasing 5_5 Proposer must also work in cooperation with NJPA to develop a marketing strategy and provide avenues to equally market and drive sales through the Contract and program to all NJPA Members nationally. Awarded Vendor agrees to actively market in cooperation with NJPA all available equipment/products and services to current and potential NJPA Members. NJPA reserves the right to deem a proposer non - responsive or to waive an award based on an unacceptable marketing plan. 5_6 As a part of this response, submit a complete Marketing Plan on how you would help NJPA rollout this program to current and potential NJPA Members. NJPA requires the Vendor actively promote the Contract in cooperation with the NJPA. Vendors are advised to consider marketing efforts in the areas of 1) Website Link from Vendors website to NJPA's website, 2) Attendance and participation with a display booth at national trade shows as agreed upon/required by NJPA, and 3) Sales team and sales training programs involving both Vendor sales management and NJPA staff. NJPA requires awarded Vendors to offer the NJPA Contract opportunity to all current and qualified NJPA Members. 5_7 Facilitating NJPA Membership: Proposer should express their commitment to determine the membership status of their customers whom are eligible for NJPA Membership, AND their commitment to establishing that membership. 5.7.1 Membership information: Proposer should further express their commitment to capturing sufficient member information as is deemed necessary by NJPA to appropriately facilitate membership and certain marketing activities as agreed to by NJPA and an Awarded contractor. 6. PROPOSAL OPENING PROCEDURE 6.1 Sealed and properly identified Proposer's Responses for this RFP entitled "FOOTWEAR WITH RELATED GOODS AND SERVICES" will be received by Gregg Meierhofer, Manager of Bids and Contracts, at NJPA Offices, 202 12th Street NE, Staples, MN 56479 until the deadline for receipt of, and proposal opening identified on page one of this RFP. The NJPA Director of Contracts and Marketing, or Representative from the NJPA Proposal Evaluation Committee, will then read the Proposer's names aloud. A summary of the responses to this RFP will be made available for public inspection in the NJPA office in Staples, MN. A letter or e-mail request is required to receive a complete RFP package. Send or communicate all requests to the attention of Gregg Meierhofer 202 12th Street Northeast Staples, MN 56479 or RFP@njpacoop.org to receive a complete copy of this RFP. Method of delivery needs to be indicated in the request; an email address is required for electronic transmission. Oral, facsimile, telephone or telegraphic Proposal Submissions or requests for this RFP are invalid and will not receive consideration. All Proposal Responses must be submitted in a sealed package. The outside of the package shall plainly identify "FOOTWEAR WITH RELATED GOODS AND SERVICES" To avoid 23 of 49 Packet Page -2696- 11/12/2013 16.E.7. premature opening, it is the responsibility of the Proposer to label the Proposal Response properly. n 7. EVALUATION OF PROPOSALS A. PROPOSAL EVALUATION PROCESS 7_1 NJPA will use a 1,000 Point Evaluation System to help determine the best overall Proposer(s) selection. Bonus points may be available for specific proposal characteristics identified such as "Green Product Certifications." 7_2 NJPA reserves the right to use a "Cost Scoring Evaluation" through a product comparison process of like products /services. This process will establish points for submitted price levels. See Cost Scoring Evaluation. 7_3 NJPA shall use a final overall scoring system to include consideration for best price and cost evaluation. The total possible score is 1,000 points. NJPA reserves the right to assign any number of point awards or penalties it considers warranted if a Proposer stipulates exceptions, exclusions, or limitations of liabilities. 7_4 To qualify for the final evaluation, a Proposer must have been deemed responsive as a result of the criteria set forth under "Proposer Responsiveness." 7.5 Responses will be evaluated first for responsiveness and thereafter for content. The NJPA Board of Directors will make awards to the selected Proposer(s) based on the recommendations of the Pro Evaluation Committee. p 7.6 The procurement activities of the NJPA Proposal Evaluation Committee are limited to document preparation, answering Proposer questions, advertising the solicitation, distribution of this RFP upon request, conducting an evaluation and making recommendation for possible approval to NJPA Board of Directors. B. PROPOSER RESPONSIVENESS 7_7 Proposer's Responses received after the deadline for submission will be invalid and returned to the Potential Proposer unopened. 7_8 An essential part of the proposal evaluation process is an evaluation to qualify the Proposer being considered. All proposals must contain answers or responses to the information requested in the proposal forms. Any Proposer failing to provide the required documentation may be considered non - responsive. 7_9 Deviations or exceptions stipulated in Proposer's Response may result in the proposal being classified as non - responsive. 7.10 To qualify for evaluation, a proposal must have been submitted on time and materially satisfy all mandatory requirements identified in this document. A proposal must reasonably and substantially conform to all the terms and conditions in the solicitation to be considered responsive. 7.11 The Proposal Evaluation Committee shall utilize the following criteria to evaluate all proposals received. Items 14 constitute the test for "Level One Responsiveness" and are determined on the proposal opening date. "Level 2" responsiveness is determined through the evaluation of the remaining items listed below. These items are not arranged in order of importance and each item may encompass multiple areas of information requested. 1. The proposal response is received prior to the deadline for submission. 24 of 49 Packet Page -2697- 11/12/2013 16.E.7. 2. The proposal package was properly addressed and identified as a sealed proposal with a specific opening date and time. 3. The proposal response contains the required certificate of liability insurance. 4. The proposal response contains original signatures on all documents requiring such. 5. Response's conformance to terms and conditions as described in the solicitation, including documentation. 6. Possesses qualifications as a responding Proposer that meets or exceeds those set within the solicitation. 7. Information from references and past performance information including past member approval. 8. Demonstrates that they offer the most current industry standard equipment/products and services and/or services. 9. Demonstrates financial stability and a favorable banking line of credit. 10. Demonstrates their equipment/products and services and /or services proposed meet and/or exceed industry standards accepted by educational or governmental institutions. 11. Has demonstrated market place success and their past performance exhibit an acceptable reputation. 12. Demonstrates the company possesses the background, knowledge, capacity, and ability to sell, deliver, and support equipment/products and services offered to Members. 13. Has provided documentation defining, outlining, and describing their concept of a national marketing program they will be implementing to facilitate and coordinate the cooperative activities required by an awarded Contract. 14. Has provided all of the required and applicable documentation required i.e. insurance certificates, licenses, and /or registration certificates required to do business nationally. 15. Line -Item Pricing, in approved excel format, listing of all of the proposed equipment/products and services and warranty provisions with their associated units of costs. 16. Core List selection of equipment/products and services in Line -Item Pricing format 17. Hot List Pricing equipment/products and services in a Line -Item Pricing format (where applicable). 18. Contract Pricing submitted as requested to include core list or products /services, Line -Item Pricing and/or Percentage Discount from published gov /ed price list or Catalog. C. PROPOSAL EVALUATION CRITERIA 7.12 If a manufacturer or supplier chooses not to produce or supply goods and services to meet the scope of this RFP, such action will be considered sufficient cause to reduce evaluation points. 7.13 Consideration will be given in the award based on the completion and degree of information provided regarding available products, equipment, and accessories, as well as, applicable parts of the Proposer Information and Questionnaire. 7.14 The fact a manufacturer or supplier chooses not to produce or provide equipment products or services to meet the intent and scope of this RFP will not be considered sufficient cause to adjudge this RFP as restrictive. 7.15 The Proposer is required to have extensive knowledge and at least three (3) years of experience with the related activities surrounding the selling of the equipment, service or related products offered. 7.16 NJPA reserves the right to accept or reject newly formed companies solely based on information provided in the proposal and/or its own investigation of the company. 7.17 Consideration will be given in the proposal evaluation based upon the selection, variety, technological advances, and demonstrated quality of products submitted, technological advances, and pricing. The ability of the Proposer to communicate the value of these factors and to demonstrate how the depth and breadth of their product and service offerings provide NJPA and NJPA Members with a sole 25 of 49 Packet Page -2698- 11/12/2013 16.E.7. source of responsibility within the scope of this RFP will be positively reviewed. 7.18 Consideration will also be given to proposals demonstrating technological advances, provide increased efficiencies, expanded service and other related improvements beyond today's NJPA member's needs and applicable standards. 7.19 Strong consideration will be given to a Proposer's past performance, distribution model, and the demonstration their ability to effectively market and service NJPA Membership nationally. 7.20 Strong consideration will be given to the best price as it relates to the quality of the product and service. However, price is ultimately one of the factors taken into consideration in evaluation and award. 7.21 Evaluation of a Proposer's Responses will take into consideration as a minimum response but not necessarily limited to the following: 1. Adherence to all requirements of this RFP as defined by industry standards. 2. Prior knowledge of and experience with a Proposer in terms of past performance and market place success. 3. Capability of meeting or exceeding current and future needs or requirements of NJPA and NJPA Members. 4. Evaluation of Proposer's ability to market to and provide service to all NJPA Members nationally. 5. Financial condition of the Proposer. 6. Nature and extent of company data furnished in Proposer's Response. 7. Quality of products, equipment, and services offered including value added related services. 8. History of member service to NJPA type customers. 9. Overall ability to perform sales, solutions and contract support as submitted. n 10. Ability to meet service and warranty needs. 11. History of meeting shipping and delivery expectations of contracted products/ services. 12. Technology advancements and related provisions. 13. Ability to market and promote the Contract within current business practices. 14. Willingness to develop and enter into NJPA Contract and business relations. 15. Favorable bond rating and applicable industry standard licensing ability. 16. Past market place successes and brand recognition. 17. Demonstrated warranty and product/service responsibility. 7.22 The Proposer's ability to follow the proposal preparation instructions set forth in this solicitation will also be considered to be an indicator of the Proposer's ability to follow other future instructions should they receive an award as a result of this solicitation. Any Contract between NJPA and a Proposer requires the delivery of information and data. The quality of organization and writing reflected in the proposal will be considered an indication of the quality of organization and writing which would be prevalent if a Contract was awarded. As a result, the proposal will be evaluated as a sample of data submission. 7.23 Proposer's Dunn and Bradstreet reports - The Proposer's Dunn and Bradstreet report are requested and reviewed to get a general feel for the size, strength, and probable scope of the Proposer. 7.24 NJPA reserves the right to reject the Proposer's Response of the apparent successful Proposer where the available evidence or information does not exhibit the ability or intent to satisfy NJPA that the potential Vendor is unable to properly carry out the terms of this RFP and potential Contract. 7.25 NJPA shall reserve the right to reject any or all proposals. NJPA also reserves the right to reject a proposal not accompanied by required certificate of insurance, other data required by this RFP, or if a Proposer's Response is incomplete or irregular. The NJPA shall reject all proposals where there has been collusion among the Proposers. 26 of 49 Packet Page -2699- 11/12/2013 16.E.7. 7.26 Overall Evaluation (FORM G) - The NJPA Proposal Evaluation Committee will evaluate proposal n received based on a 1,000 point evaluation system. The Committee will establish both the evaluation criteria and designate the relative importance of those criteria by assigning possible scores for each category. 7.27 Bonus Evaluation Points- Bonus evaluation points may be awarded by the NJPA Proposal Evaluation Committee based on criteria identified as being both "optional" and "having additional value" D. COST SCORING EVALUATION 7.28 NJPA reserves the right to use this process in the event the Proposal Evaluation Committee feels it is necessary to make a final determination. 7.29 This process will be based on a point system with points being awarded for being low to high Proposer for each cost evaluation item selected. A "Market Basket" of identical (or substantially similar) equipment/products and services may be selected by the NJPA Proposal Evaluation Committee and the unit cost will be used as a basis for determining the point value. The "Market Basket:" will be selected by NJPA from all product categories as determined appropriate by NJPA. The low priced Proposer will receive the full point value and all other Proposers will receive points as follows: Lowest price Proposal = 5 (where there are five proposers), and inferior proposals = 4, 3, 2, 1 points each. The Total Score for each proposer will be the sum of all points earned. The result of this process shall not be the sole determination for award. E. PRODUCT TESTING 7.30 NJPA reserves the righ4to request and test equipment/products and services and/or services from the apparent successful Proposer. Prior to the award of the Contract, the apparent successful Proposer, if requested by NJPA, shall furnish current information and data regarding the Proposer's resources, personnel, and organization within three (3) days. F. PAST PERFORMANCE INFORMATION 7.31 Past performance information is relevant information regarding a Proposer's actions under previously awarded contracts to schools, local, state, and governmental agencies and non - profit agencies. It includes the Proposer's record of conforming to specifications and standards of good workmanship. The Proposer's history for reasonable and cooperative behavior and commitment to member satisfaction shall be under evaluation. Ultimately, Past Performance Information can be defined as the Proposer's businesslike concern for the interests of the NJPA Member. G. WAIVER OF FORMALITIES 7.32 NJPA reserves the right to waive any minor formalities or irregularities in any proposal and to accept proposals, which, in its discretion and according to the law, may be in the best interest of its members. POST AWARD OPERATING ISSUES A. SUBSEQUENT AGREEMENTS 8_1 Purchase Order- Purchase Orders for goods and services may be executed between NJPA or NJPA Members (Purchaser) and awarded Vendor(s) or Vendor's sub - contractors pursuant to this invitation and any resulting Contract. NJPA Members are instructed to identify on the face of such Purchase orders that "This purchase order is issued pursuant to NJPA procurement contract #XXXXXX." A Purchase Order is 27 of 49 Packet Page -2700- 11/12/2013 16.E.7. an offer to purchase goods and services at specified prices by NJPA or NJPA Members pursuant to a Contract resulting from this RFP. Purchase Order flow and procedure will be developed jointly between NJPA and an Awarded Vendor after an award is made. 8_2 Governing Law - Purchase Orders, as identified above, shall be construed in accordance with, and governed by, the laws of a competent jurisdiction with respect to the purchaser. Each and every provision of law and clause required by law to be included in the Purchase Order shall be read and enforced as though it were included. If through mistake or otherwise any such provision is not included, or is not currently included, then upon application of either part the Contract shall be physically amended to make such inclusion or correction. The venue for any litigation arising out of disputes related to Purchase Order(s) shall be a court of competent jurisdiction to the Purchaser. 8_3 Additional Terms and Conditions- Additional terns and conditions to a Purchase Order may be proposed by NJPA, NJPA Members, or Vendors. Acceptance of these additional terms and conditions is OPTIONAL to all parties to the Purchase Order. The purpose of these additional terms and conditions is to, among other things; formerly introduce job or industry specific requirements of law such as prevailing wage legislation. Additional terms and conditions can include specific local policy requirements and standard business practices of the issuing Member. Said additional terms and conditions shall not interfere with the general purpose and intent of this RFP. 8_4 Asset Management Contracts: Asset Management type contracts can be initiated pursuant to a Contract resulting from this RFP at any time during the term of said Contract. The establishment of such Asset Management Contracts cannot exceed the authorized term of a Contract resulting from this RFP; however the Asset Management Contract term may extend beyond the maturity date of a Contract resulting from this RFP. 8_5 Specialized Service Requirements- In the event service requirements or specialized performance n requirements such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements not addressed in the Contract resulting from this RFP, NJPA Member and Vendor may enter into a separate, standalone agreement, apart from a Contract resulting from this RFP. Any proposed service requirements or specialized performance requirements require pre - approval by Vendor. Any separate agreement developed to address these specialized service or performance requirements is exclusively between the NJPA Member and Vendor. NJPA, its agents, Members and employees shall not be made party to any claim for breach of such agreement. Product sourcing is not considered a service. NJPA Members will need to conduct procurements for any specialized services not identified in this Contract. 8_6 Performance Bond- At the request of the member, a Vendor will provide all performance bonds typically and customarily required in their industry. These bonds will be issued pursuant to the requirements of Purchase Orders for goods and services. If a purchase order is cancelled for lack of a required performance bond, it shall be the recommendation of NJPA that pending Purchase Orders with all NJPA Members be considered for cancellation. Each member has the final decision on Purchase Order continuation. ANY PERFORMANCE BONDING REQUIRED BY THE MEMBER OR CUSTOMER STATE LAWS OR LOCAL POLICY IS TO BE MUTUALLY AGREED UPON AND SECURED BETWEEN THE VENDOR AND THE CUSTOMER/MEMBER. B. NJPA MEMBER SIGN -UP PROCEDURE 8_7 Awarded Vendors will be responsible for familiarizing their sales and service forces with the various forms of NJPA Membership documentation and shall encourage and assist potential Members in establishing Membership C. REPORTING OF SALE ACTIVITY 28 of 49 Packet Page -2701- 11/12/2013 16.E.7. 8_8 A report of the total gross dollar volume of all equipment/products and services purchased by NJPA Members as it applies to this RFP and Contract will be provided quarterly to NJPA. The form and content of this reporting will be developed by NJPA in cooperation with the Vendor to include, but not limited to, name and address of purchasing agency, amount of purchase, and a description of the items purchased. 8.8.1 Zero sales reports: Awarded Contractors are responsible for providing a quarterly sales report EVERY QUARTER regardless of the existence or amount of sales. D. AUDITS 8_9 During the Term, Vendor will, upon not less than fourteen (14) business days' prior written request, make available to NJPA no more than once per calendar year, at Vendor's corporate offices, during normal business hours, the invoice reports and/or invoice documents from Vendor pertaining to all invoices sent by Vendor and payments made by NJPA members for all equipment/products and services purchased under this Contract. NJPA may employ an independent auditor or NJPA may choose to conduct such audit on its own behalf. Vendor shall have the right to approve the independent auditor, which approval shall not be unreasonably withheld. Upon approval and after the auditor has executed an appropriate confidentiality agreement, Vendor will permit the auditor to review the relevant Vendor documents. NJPA shall be responsible for paying the auditor's fees. The parties will make every reasonable effort to fairly and equitably resolve discrepancies to the satisfaction of both parties. Vendor agrees that the NJPA may audit their records with a reasonable notice to establish total compliance and to verify prices charged hereunder of the Contract are being met. Vendor agrees to provide verifiable documentation and tracking in a timely manner. E. HUB PARTNER 8.10 Hub Partner: Where Applicable, NJPA Members may, from time to time, request to be served in some way through a "Hub Partner" for the purposes of complying with a Law, Regulation, or Rule to which that individual NJPA Member deems to be applicable in their jurisdiction. Hub Partners may bring value to the proposed transactions through consultancy, Disadvantaged Business Entity Credits, or other considerations. 8.11 Hub Partner Fees: Fees, costs, or expenses from this Hub Partner levied upon a transaction resulting from this contract, shall be payable by the NJPA Member provide that: 8.11.1 The fees, costs, or expenses levied by the Hub Vendor must be clearly itemized in the transaction. and 8.11.2 To the extent that the he Vendor stands in the chain of title during a transaction resulting from this RFP, the documentation shall be documented to show it is "Executed for the Benefit of [NJPA Member Name] ". F. TRADE -INS 8.12 Where Appropriate, the value in US Dollars, of Trade -ins will be negotiated between NJPA or an NJPA Member, and an Awarded Vendor. That identified "Trade -In" value shall be credited in full against the NJPA purchase price identified in a purchase order issued pursuant to any Awarded NJPA procurement contract. The full value of the trade -in will be consideration to that purchase order. G. OUT OF STOCK NOTIFICATION 8.13 Vendor shall immediately notify NJPA members upon receipt of order(s) when an out -of -stock occurs. Vendor shall inform the NJPA member regarding the anticipated date of availability for the out- 29 of 49 Packet Page -2702- 11/12/2013 16.E.7. of- stock item(s), and may suggest equivalent substitute(s). n • The ordering organization shall have the option of accepting the suggested equivalent substitute, or canceling the item from the order. • Under no circumstance is Proposer permitted to make unauthorized substitutions. • Unfilled or substituted item(s) shall be indicated on the packing list. H. TERMINATION OF CONTRACT RESULTING FROM THIS RFP 1,14 NJPA reserves the right to cancel the whole or any part of a resulting Contract due to failure by the Vendor to carry out any obligation, term or condition as described in the below procedure. Prior to any termination for cause, the NJPA will provide written notice to the Vendor, opportunity to respond and opportunity to cure according to the steps in the procedure in this Cancellation Section. Some examples of material breach are the following: • The Vendor provides material that does not meet reasonable quality standards and is not remedied under the warranty; • The Vendor fails to ship the products or provide the services within a reasonable amount of time; • NJPA has reason to believe the Vendor will not or cannot perform to the requirements of the Contract and issues a request for assurance as described herein and Vendor fails to respond; • The Vendor fails to observe any of the material terns and conditions of the Contract; and/or, • The Vendor fails to follow the established procedure for purchase orders, invoices and/or receipt of funds as established by the NJPA and the Vendor in the Contract. • The Vendor fails to report quarterly sales volume; • The Vendor fails to actively market this Contract within the guidelines provided in this RFP and the expectations of NJPA. 8.15 Each party shall follow the below procedure if the Contract is to be terminated for violations or non - performance issues: Step 1: Issue a warning letter outlining the violations and/or non - performance and state the length of time (10 days) to provide a response and correct the problem(s) if reasonably possible in such time frame. Step 2: Issue a letter of intent to cancel Contract, if the problem(s) is not resolved within fifty (50) days. Step 3: Issue letter to cancel Contract for cause. 8.16 Upon receipt of the written notice of concern, the Vendor shall have ten (10) business days to provide a satisfactory response to the NJPA. Failure on the part of the Vendor to reasonably address all issues of concern may result in Contract cancellation pursuant to this Section. 8.17 Any termination shall have no effect on purchases that are in progress at the time the cancellation is received by the NJPA. The NJPA reserves the right to cancel the Contract immediately for convenience, without penalty or recourse, in the event the Vendor is not responsive concerning the remedy, the performance, or the violation issue within the time frame, completely or in part. 8.18 NJPA reserves the right to cancel or suspend the use of any Contract resulting from this RFP if the Vendor files for bankruptcy protection or is acquired by an independent third party. Prior to commencing services under this Contract, the Proposer/Vendor must furnish NJPA certification from insurer(s) proving level of coverage usual and customary to the specific industry. The coverage is to be maintained in full effect during the Contract period. Vendor must be willing to provide, upon request, certification of insurance to any NJPA member or member using this Contract. 8.19 Either party may execute Contract termination without cause with a required 60 -day written notice of termination. Termination of Contract shall not relieve either party of financial, product or service 30 of 49 Packet Page -2703- 11/12/2013 16.E.7. obligations incurred or accrued prior to termination. 8.20 NJPA may cancel any Contract resulting from this solicitation without any further obligation if any NJPA employee significantly involved in initiating, negotiating, securing, drafting or creating the Contract on behalf of the NJPA is found to be in collusion with any Proposer to this RFP for their personal gain. Such cancellation shall be effective upon written notice from the NJPA or a later date if so designated in the notice given. A terminated Contract shall not relieve either party of financial, product or service obligations due to participating member or NJPA. 8.21 Events of Automatic termination to include: Vendor's or NJPA's voluntary or involuntary bankruptcy or insolvency; Vendor's failure to remedy a material breach of a Contract resulting from this RFP within sixty (60) days of receipt of notice from NJPA specifying in reasonable detail the nature of such breach; and/or, Receipt of written information from any authorized agency finding activities of Vendors engaged in pursuant to a Contract resulting from this RFP to be in violation of the law. GENERAL TERMS AND CONDITIONS A. ADVERTISEMENT OF RFP 9_1 As a policy, NJPA shall advertise this solicitation 1) for two consecutive weeks in both the print and on -line editions of the MINNEAPOLIS STAR TRIBUNE, 2) it shall be placed on a national wire service by the MINNEAPOLIS STAR TRIBUNE 3) it shall be posted on NJPA's website, 4) it shall be posted to the website of "Noticetobidders.com," and 5) it shall be posted to other third -party websites deemed appropriate by NJPA. Other third party advertisers may include Onvia and Bidsync, B. ADVERTISING OF A CONTRACT RESULTING FROM THIS RFP 9_2 ProposerNendor shall not advertise or publish information concerning this Contract prior to the award being announced by the NJPA. Once the award is made, a Vendor is expected to advertise the awarded Contract to both current and potential NJPA Members. C. APPLICABLE LAW 9_3 NJPA Compliance with Minnesota Procurement Law: Contracts awarded through NJPA art intended to meet the procurement laws of all states and NJPA will exhaust all avenues to comply with as many state laws as possible. It is the responsibility of each participating NJPA member to insure to their satisfaction that these laws are satisfied. An individual NJPA member using these contracts is deemed by their own accord to be in compliance with proposal regulations. NJPA encourages the awarded Vendor to assist NJPA and the NJPA member in this research to the benefit of all involved. 9_4 Governing Law with respect to delivery and acceptance: All applicable portions of the Minnesota Uniform Commercial Code, all other applicable Minnesota laws, and the applicable laws and rules of delivery and inspection of the Federal Acquisition Regulations (FAR) laws shall govern contracts resulting from this solicitation. 9.5 Jurisdiction: Any claims pertaining to this RFP and any resulting Contract that develop between NJPA and any other party must be brought forth only in courts in Todd County in the State of Minnesota. 9.5.1 Purchase Orders issued pursuant to a contract resulting from this solicitation shall be construed in accordance with, and governed by, the laws of a competent jurisdiction with respect to the purchaser. 31 of 49 Packet Page -2704- 11/12/2013 16.E.7. n 9_6 Vendor Compliance with applicable law: Vendor(s) shall comply with all federal, state, or local laws applicable to or pertaining to the acquisition, manufacturer, or sale of the equipment/products and services resulting from this RFP. 9_7 All applicable laws, whether or not herein contained, shall be included by this reference. It shall be Proposer'sNendor's responsibility to determine the applicability and requirements of any such laws and to abide by them. 9_8 Indemnity: Each party agrees it will be responsible for its own acts and the result thereof to the extent authorized by law and shall not be responsible for the acts of the other party and the results thereof. NJPA's liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, Section §3.736, and other applicable law. 9_9 Prevailing Wage: It shall be the responsibility of the Vendor to comply, when applicable, with prevailing wage legislation in effect in the jurisdiction of the purchaser (NJPA or NJPA Member). It shall be the responsibility of the Vendor to monitor the prevailing wage rates as established by the appropriate department of labor for any increase in rates during the term of this Contract and adjust wage rates accordingly. 9.10 Patent and Copyright infringement: If an article sold and delivered to NJPA or NJPA Members hereunder shall be protected by any applicable patent or copyright, the Vendor agrees to indemnify and save harmless NJPA and NJPA Members against any and all suits, claims, judgments, and costs instituted or recovered against it by any person whosoever on account of the use or sale of such articles by NJPA or NJPA Members in violation or right under such patent or copyright. D. ASSIGNMENT OF CONTRACT 9.11 No right or interest in this Contract shall be assigned or transferred by the ProposerNendor without prior written permission by the NJPA. No delegation of any duty of the ProposerNendor shall be made without prior written permission of the NJPA. The NJPA shall notify the members within fifteen (15) days of receipt of written notice by the Vender. After issuance the awarded Contract may be reassigned to a comparable Vendor at the discretion of NJPA. 9.12 If the original Vendor sells or transfers all assets or the entire portion of the assets used to perform this Contract, a successor in interest must guarantee to perform all obligations under this Contract. NJPA reserves the right to reject the acquiring person or entity as a Vendor. A simple change of name agreement will not change the contractual obligations of the Vendor. E. PROPOSERS LIST 9.13 NJPA will not maintain or communicate to a proposers list. All interested proposers must respond to the solicitation as a result of one of the methods of proposal advertisements listed above. Because of the scope of the potential Members and national Vendors, NJPA has determined this to be the best method of fairly soliciting proposals. F. CAPTIONS, HEADINGS, AND ILLUSTRATIONS 9.14 The captions, illustrations, headings, and subheadings in this solicitation are for convenience and ease of understanding and in no way define or limit the scope or intent of this request. G. CONFIDENTIAL INFORMATION 9.15 If a Proposer wishes to withhold any part of its proposal from public inspection, then a statement advising the NJPA of this fact shall accompany the submission. NJPA shall review the statement to 32 of 49 Packet Page -2705- 11/12/2013 16.E.7. determine whether the information shall be withheld. If NJPA determines to disclose the information, the Executive Director of NJPA shall inform the Proposer, in writing, of such determination prior to award of n Contract to Proposer. H. DATA PRIVACY 9.16 Proposer agrees to abide by all applicable STATE and FEDERAL laws and regulations including HIPPA concerning the handling and disclosure of private and confidential information regarding individuals. Proposer agrees to hold NJPA harmless from its unlawful disclosure and /or use of private /confidential information. I. ENTIRE AGREEMENT 9.17 The Contract, as defined herein, shall constitute the entire understanding between the parties to that Contract. 9.16 A Contract resulting from this RFP is formed when the NJPA Board of Directors approves and signs the applicable Acceptance and Award Form document (see Form D). J. FORCE MAJEURE 9.18 Except for payments of sums due, neither party shall be liable to the other nor deemed in default under this Contract if and to the extent that such party's performance of this Contract is prevented due to force majeure. The term "force majeure" means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence including, but not limited to, the following: acts of God, acts of the public enemy, war, riots, strikes, mobilization, labor disputes, civil disorders, fire, flood, snow, earthquakes, tornadoes or violent wind, tsunamis, wind shears, squalls, Chinooks, blizzards, hail storms, volcanic eruptions, meteor strikes, famine, sink holes, avalanches, lockouts, injunctions - intervention -acts, terrorist events or failures or refusals to act by government authority and /or other similar occurrences where such party is unable to prevent by exercising reasonable diligence. The force majeure shall be deemed to commence when the party declaring force majeure notifies the other party of the existence of the force majeure and shall be deemed to continue as long as the results or effects of the force majeure prevent the party from resuming performance in accordance with a Contract resulting from this RFP. Force majeure shall not include late deliveries of equipment/products and services caused by congestion at a manufacturer's plant or elsewhere, an oversold condition of the market, inefficiencies, or other similar occurrences. If either party is delayed at any time by force majeure, then the delayed party shall notify the other party of such delay within forty-eight (48) hours. K. GRATUITIES 9.19 NJPA may cancel this Contract by written notice if it is found that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Proposer/Vendor or any agent or representative of the Proposer/Vendor, to any employee of the NJPA are deemed to be excessive with a view toward securing a contract or with respect to the performance of this Contract. L. HAZARDOUS SUBSTANCES 9.20 Proper Material Safety Data Sheets (MSDS), in compliance with OSHA's Hazard Communication Standard, must be provided by the Vendor to NJPA or NJPA Member at the time of purchase. M. LEGAL REMEDIES 9.21 All claims and controversies between NJPA and Vendor shall be subject to the laws of the State of ^ Minnesota and are to be resolved in Todd County, Minnesota, the county in which NJPA is domiciled. 33 of 49 Packet Page -2706- 11/12/2013 16.E.7. N. LICENSES 9.22 ProposerNendor shall maintain a current status on all required federal, state, and local licenses, bonds and permits required for the operation of the business conducted by the ProposerNendor. 9.23 All responding Proposers must be licensed (where required) and have the authority to sell and distribute offered equipment/products and services to NJPA and NJPA Members in all states. Documentation of said licenses and authorities, if applicable, is requested. O. MATERIAL SUPPLIERS AND SUB - CONTRACTORS 9.24 The apparent successful Vendor shall be required to supply the names and addresses of sourcing suppliers and sub - contractors when requested. 9.25 Awarded Vendors under this RFP will be the sole source of responsibility for transactions originating that award. The Awarded Vendor is solely responsible for equipment/products and services and services provided by third party sourcing or service providers. P. NON - WAIVER OF RIGHTS 9.26 No failure of either party to exercise any power given to it hereunder, nor to insistence upon strict compliance by the other party with its obligations hereunder, and no custom or practice of the parties at variance with the terms hereof, nor any payment under a Contract resulting from this RFP shall constitute a waiver of either party's right to demand exact compliance with the terms hereof. Failure by NJPA to take action or assert any right hereunder shall not be deemed as waiver of such right. Q. PROTESTS OF AWARDS MADE 9.27 Protests shall be filed with the NJPA's Executive Director and shall be resolved in accordance with appropriate state statutes of Minnesota. Protests will only be accepted from Proposers. A protest must be in writing and filed with NJPA. A protest of an award or proposed award must be filed within ten (10) days after the public notice or announcement of the award. No protest shall lie for a claim that the selected Proposer is not a responsible Proposer. A protest must include: 1. The name, address and telephone number of the protester; 2. The original signature of the protester or its representative (you must document the authority of the Representitive); 3. Identification of the solicitation by RFP number; 4. Identification of the statute or procedure that is alleged to have been violated; 5. A precise statement of the relevant facts; 6. Identification of the issues to be resolved; 7. The aggrieved party's argument and supporting documentation; 8. The aggrieved party's statement of potential financial damages; 9. A protest bond in the name of NJPA and in the amount of 10% of the aggrieved party's statement of potential financial damages. R. PROVISIONS REQUIRED BY LAW 9.28 ProposerNendor agrees in the performance of a Contract resulting from this RFP, it has complied with or will comply with all applicable statutes, laws, regulations, and orders of the United States and any State thereof. S. PUBLIC RECORD 9.29 All proposals submitted to this invitation shall become the property of the NJPA and will become a 34 of 49 Packet Page -2707- 11/12/2013 16.E.7. matter of public record and available for review subsequent to the award notification. Proposals may be viewed by appointment at the NJPA offices Monday through Friday from 8:30 a.m. to 3:30 p.m. T. RIGHT TO ASSURANCE 9.30 Whenever one party to this Contract has reason to question the other party's intent to perform, he /she may demand a written assurance of this intent. In the event a demand is made and no written assurance is given, the demanding party may treat this failure as an anticipatory repudiation of the Contract provided, however, in order to be effective, any such demand shall be addressed to the authorized signer for the party from whom the assurance is being sought, and sent via U.S. Postal Service, certified mail, return receipt requested or national overnight delivery service with proof of delivery. U. SUSPENSION OR DISBARMENT STATUS 9.31 If within the past five (5) years, any firm, business, person or Proposer submitting a proposal has been lawfully precluded from participating in any public procurement activity with a federal, state or local government, the Proposer must include a letter with its response setting forth the name and address of the public procurement unit, the effective date of the suspension or debarment, the duration of the suspension or debarment and the relevant circumstances relating to the suspension or debarment. Any failure to supply such a letter or to disclose pertinent information may result in the cancellation of any Contract. By signing the proposal affidavit, the Proposer certifies that no current suspension or debarment exists. V. HUMAN RIGHTS CERTIFICATE 9.32 If Proposer is not domiciled in Minnesota and has NOT on any single working day in the past year, employed more than 40 employees in the State of Minnesota, Proposer must provide a statement to that effect. 9.33 If Proposer is not domiciled in Minnesota and has on any single working day in the past year, employed more than 40 employees in the State of Minnesota, Proposer must document their application for a Human Rights Certificate issued by the Minnesota. Commissioner of Human Rights. Proposer must also document receipt by the Minnesota Commissioner of Human Rights of that application and the Proposer's affirmative action plan for the employment of minority persons, women, and qualified disabled individuals. 9.34 If Proposer is domiciled in Minnesota and has on any single working day in the past year, employed more than 40 employees in the State of Minnesota, Proposer must provide a copy of their "Certificate of Compliance" from the Commissioner of the Minnesota Department of Human Rights. W. SEVERABILITY 9.35 In the event that any of the terms of a Contract resulting from this RFP are in conflict with any rule, law, statutory provision or are otherwise unenforceable under the laws or regulations of any government or subdivision thereof, such terms shall be deemed stricken from a Contract resulting from this RFP, but such invalidity or unenforceability shall not invalidate any of the other terms of a Contract resulting from this RFP. 35 of 49 Packet Page -2708- 11/12/2013 16.E.7. X. RELATIONSHIP OF PARTIES 1.36 No Contract resulting from this RFP shall be considered a contract of employment. The relationship - between NJPA and an Awarded Contractor is one of independent contractors each free to exercise judgment and discretion with regard to the conduct of their respective businesses. The parties do not intend the proposed Contract to create, or is to be construed as creating a partnership, joint venture, master - servant, principal— agent, or any other relationship. Except as provided elsewhere in this RFP, neither party may be held liable for acts of omission or commission of the other party and neither party is authorized or has the power to obligate the other party by contract, agreement, warranty, representation or otherwise in any manner whatsoever except as may be expressly provided herein. 36 of 49 Packet Page -2709- 11/12/2013 16.E.7. 10. FORMS PROPOSER QUESTIONNAIRE Form A Proposer Name: Questionnaire completed by: Please provide an answer to all questions below and address all requests made in this RFP. Please use the Microsoft Word/Excel document version of this questionnaire to respond to the questions contained herein. Please provide your answer to each question indented below the question. Please supply any applicable supporting information and documentation you feel appropriate in addition to answers entered to the Word document. All information must be typed, organized, and easily understood by evaluators. Company Information 1) Why did you respond to this RFP? 2) Provide the full legal name, address, tax identifications number, and telephone number for your business. 3) Provide a full Dunn and Bradstreet report for your organization with a date not more than six months old. 4) Does your company name match the name identified on the Dunn and Bradstreet report? If no, why not? 5) Provide a brief history of your company that includes your core values and philosophy. 6) Provide profiles and an organizational chart for key sales and marketing executives of your company that will oversee the implementation and operation of a Contract resulting from this RFP. 7) How long has your company been in the "FOOTWEAR WITH RELATED GOODS AND SERVICES ", industry? 8) Is your organization best described as a manufacturer or a distributor /dealer /re- seller for a manufacturer of the products and services being proposed? a) If the Proposer is best described as a re- seller, manufacturer aggregate, or distributor, please provide evidence of your authorization as a dealer /re- seller /manufacturer aggregate for the manufacturer of the products you are proposing. b) If the Proposer is best described as a manufacturer, please describe your relationship with your sales /service force and/or Dealer Network in delivering the products and services proposed. Are these people your employees, or the employees of a third party? 9) Please provide a Dunn and Bradstreet (not more than six months old), your bond rating, and/or a credit reference from your bank. 10) Provide a discussion of licenses and certifications both required to be held, and actually held by your organization in pursuit of the commerce contemplated by this RFP. 11) Provide a discussion of licenses and certifications both required to be held, and actually held by third parties and sub- contractors to your organization in pursuit of the commerce contemplated by this RFP. If not applicable, please respond with "Not Applicable." 12) Provide all "Suspension or Disbarment" information required herein. Industry- Marketplace Successes 13) List and document recent industry awards and recognition. 14) Supply three references /testimonials from customers similar to NJPA Members. Please include the customer's name, contact, and phone number. 15) Provide names and addresses of the top five (5) governmental or education customers and dollar volumes (including chassis if applicable) from the past three (3) fiscal years. 16) Provide documentation indicating the total dollar volume for each of your sales to government, education, and non- profit agencies for the last three (3) fiscal years. 17) What percentages of your current (within the past three (3) fiscal years) sales are to the government and/or education r� sectors? Proposer's ability to sell and service nationwide. 37 of 49 Packet Page -2710- 11/12/2013 16.E.7. 10_1�1 18) Please describe your factory sales force in terms of numbers, geographic dispersion, and the proportion of their attention focused on the sale and services of the equipment/products contemplated in this RFP? 19) Please describe your dealer sales force in terms of numbers, geographic dispersion, and the proportion of their attention focused on the sale and services of your equipment/products contemplated in this RFP? 20) Please describe your factory service force in terms of numbers, geographic dispersion, and the proportion of their attention focused on the sale of the equipment/products and services contemplated in this RFP? 21) Please describe your dealer service force in terms of numbers geographic dispersion, and the proportion of their attention focused on the sale of the equipment/products and services contemplated in this RFP? Additionally, please describe their road service and do they offer the ability to service customers at the customer's location? 22) Describe in detail your customer service program regarding process and procedure. Please include, where appropriate, response time commitments. 23) Identify any geographic areas or NJPA market segments of the United States you will NOT be serving through the proposed contract. 24) Identify any of NJPA Member segments you will NOT be serving? (Government, Education, Non - profit) Marketing Plan 25) Describe your training program for both greet- the - public and sales management levels relating to a NJPA award. 26) Describe your general marketing program strategy to promote the proposed Contract nationally. 27) Describe your marketing material, and overall marketing ability, relating to promoting this type of partnership and contract opportunity. As much as possible, please send marketing materials in electronic format only to save paper. 28) Describe your use of technology and the internet to provide marketing and product awareness. 29) Describe your perception of NJPA's role in marketing the partnership and your products /services. 30) Describe the unique quality of the equipment/products and services in your proposal in relationship to others available in the market. 31) Describe your organizations Senior Management level commitment with regards to promoting, supporting and managing a resultant NJPA awarded contract Value Added Attributes 32) Describe any training programs available as options for members. If applicable, do you offer operator training as well as mechanic training? Yes No Is this training standard or optional? 33) Describe current technological advances your proposed equipment/products and services offer. 34) Describe your "Green" program as it relates to your company, your products, and your recycling program, including a list of all green products accompanied by the certifying agency for each (if applicable). 35) Describe any Women or Minority Business Entity (WMBE) or Small Business Entity (SBE) accreditation of your organization directly involved in a Contract resulting from this RFP. 36) Identify any other unique or custom value added attributes. 37) Identify any service contract options included in the proposed price, or offered as a proposed option, for the products or services being offered. 38) Identify your ability and willingness to service Canada specifically and internationally in general. 39) Describe any unique distribution method employed in your proposal. Payment Terms and Financing Options 40) Identify your payment terms if applicable. (Net 30, etc.) 41) Identify any applicable leasing or other financing options as defined herein. 42) Briefly describe your proposed order process for this proposal and contract award. (Note: order process may be modified or refined during an NJPA member's final Contract phase process). Warrantv 38 of 49 Packet Page -2711- 11/12/2013 16.E.7. 43) Describe in detail , y our Warran ty Program including conditions to qualify, claims procedure, and overall structure. 44) Do all warranties cover all material and labor? 45) Do warranties impose usage limit restrictions? 46) Do warranties cover the technicians travel time to perform warranty repairs? 47) Please list any other limitations or circumstances that would not be covered under your warranty. 48) Please list any geographic regions of the United States for which you cannot provide a certified technician to perform warranty repairs. How do NJPA Members in these regions receive warranty work? Other Cooperative Procurement Contracts Held 49) Identify all cooperative government or education procurement contracts, which are marketed in more than one state, held or utilized by the Proposer. 50) What is the annual dollar sales volume run through the contract(s) mentioned in your answer to question #49? 5 1 ) Identify all government or state procurement contracts held or utilized by the Proposer with any State of the United States. 52) What is the annual combined dollar sales volume for these state contracts? 53) Identify any GSA Contracts held or utilized by the Proposer. 54) If you are awarded the NJPA contract, are there any market segments (e.g., higher education, county governments, etc.) or geographical markets where the NJPA contract will not be your primary contract purchasing vehicle? If so, please identify those markets and which cooperative purchasing agreement will be your primary vehicle. 55) If you are awarded the NJPA contract, is it your intention to lead with your NJPA contract? Yes No Equipment/products and services and Pricing 56) Provide a general narrative description of the equipment/products and services and services you are offering in your proposal. 57) Provide a general narrative description of your pricing model identifying how the model works (line item and/or percentage discount). 58) Propose a strategy, process, and specific method of facilitating "Sourced Goods" or "Non- Standard Options" solution as defined herein. 59) Provide an overall statement of method of pricing for individual line items, catalogs and category pricing with regard to all equipment/products and services and being proposed. Provide a SKU number for each item being proposed. 60) Provide a "CORE LIST" of equipment/products and services (as anticipated and defined by Proposer to meet or exceed the NJPA Member's needs) as a separate and named spreadsheet. Include special pricing, if any, on these items. 61) Provide, if any, your volume rebate programs 62) Identify any Total Cost of Acquisition (as defined herein) cost(s) which is NOT included "Pricing" submitted with your proposal response. Identify to whom these items are payable and their relationship to Proposer. 63) As an important part of the evaluation of your offer, you must indicate the level of pricing you are offering. Prices offered in this proposal are: a. The same as typically offered to an individual municipality or school district. b. The same as typically offered to cooperative procurement organizations or state purchasing departments. c. Better than typically offered to cooperative procurement organizations or state purchasing departments. (Your proposal will be considered "Non- Responsive" if this question is not answered) 64) Do you offer quantity or volume discounts? YES NO Outline guidelines and program. 65) Describe your shipping, exchange and return program(s) and policy(s). Also specifically identify those programs as they relate to Alaska and Hawaii. 66) Identify the Proposer's proposal for an administrative fee payable to NJPA for facilitation and promotion of the Contract opportunity invited here. This fee should be calculated as a percentage of Contract sales. 39 of 49 Packet Page -2712- Industry or Sector Specific Questions 67) NA 68) NA 69) NA 70) NA Signature: An Packet Page -2713- 11/12/2013 16.E.7 Form B PROPOSER INFORMATION 11/12/2013 16.E.7. Company Name: Address: City /State /Zip: Phone: Fax: Toll Free Number: E -mail: Web site: Voids sometimes exist between management (those who respond to RFPs) and sales staff (those who contact NJPA Members) that result in communication problems. Due to this fact, provide the names of your key sales people, phone numbers, and geographic territories for which they are responsible COMPANY PERSONNEL CONTACTS Contract Manager: Email: Name: Email: Name: Email: Name: Email: Name: Email: Name: Email: Name: Email: Phone: Title: Phone: Title: Phone: Title: Phone: Title: Phone: Title: Phone: Title: Phone: Page 41 of 49 Packet Page -2714- EXCEPTIONS TO PROPOSAL.- TERMS CONDITIONS AND SPECIFICATIONS REQUEST Form C Company Name: 11/12/2013 16.E.7. Note: Original must be signed and inserted in the inside front cover pouch. Any exceptions to the Terms, Conditions, Specifications, or Proposal Forms contained herein shall be noted in writing and included with the proposal submittal. Please sign and date the bottom of each page of this document. RFP Page Number Section Term Condition, or Specification Exception I Signature: Page 42 of 49 Packet Page -2715- Contract Award RFP #061812 FORM D 11/12/2013 16.E.7. FOOTWEAR WITH RELATED GOODS AND SERVICES, Proposal Offering (To be completed Only by Proposer) In compliance with the Request for proposal (RFP) for "FOOTWEAR WITH RELATED GOODS AND SERVICES ", the undersigned warrants that Uwe have examined this RFP and, being familiar with all of the instructions, terms and conditions, general specifications, expectations, technical specifications, service expectations and any special terms, do hereby offer and agree to furnish the defined equipment/products and services and services in compliance with all terms, conditions of this RFP, any applicable amendments of this RFP, and all Proposer's Response documentation. Proposer further understands they are the sole offeror herein and that the performance of any sub - contractors employed by the Proposer in fulfillment of this offer is the sole responsibility of the Proposer. Company Name: Date: Company Address: City: State: Contact Person: Title: Authorized Signature (ink only): Zip: (Name printed or typed) Contract Acceptance and Award (To be completed only by NJPA) Your proposal offering is hereby accepted and awarded. As an awarded Proposer, you are now bound to provide the defined goods and services contained in your proposal offering according to all terms, conditions, and pricing set forth in this RFP, any amendments to this RFP, and the Proposer's Response. The effective date of the Contract will be and continue for four years thereafter AND which is subject to annual renewal at the option of both parties. National Joint Powers Alliance® (NJPA) NJPA Authorized signature: Title: Executive Director NJPA Awarded this NJPA Authorized signature: Title: Executed this day of day of Page 43 of 49 Packet Page -2716- (Name printed or typed) Contract Number 061812 (Name printed or typed) Contract Number 061812 PROPOSER ASSURANCE OF COMPLIANCE Form E Proposal Affidavit Signature Page PROPOSER'S AFFIDAVIT 11/12/2013 16.E.7. The undersigned, representing the persons, firms and corporations joining in the submission of the foregoing proposal (such persons, firms and corporations hereinafter being referred to as the "Proposer "), being duly sworn on his/her oath, states to the best of his/her belief and knowledge: 1. The undersigned certifies the Proposer is submitting their proposal under their true and correct name, the Proposer has been properly originated and legally exists in good standing in its state of residence, that the Proposer possesses, or will possess prior to the delivery of any goods and services, all applicable licenses necessary for such delivery, and that they are authorized to act on behalf of, and encumber the "Proposer" in this Contract, and 2. To the best of my knowledge, no Proposer or Potential Proposer, nor any person duly representing the same, has directly or indirectly entered into any agreement or arrangement with any other Proposers, Potential Proposers, any official or employee of the NJPA, or any person, firm or corporation under contract with the NJPA in an effort to influence either the offering or non - offering of certain prices, terms, and conditions relating to this RFP which tends to, or does, lessen or destroy free competition in the letting of the Contract sought for by this RFP, and 3. The Proposer or any person on his/her behalf, has not agreed, connived or colluded to produce a deceptive show of competition in the manner of the proposal or award of the referenced contract, and 4. Neither I, the Proposer, nor, any officer, director, partner, member or associate of the Proposer, nor any of its employees directly involved in obtaining contracts with the NJPA or any subdivision of the NJPA, has been n convicted of false pretenses, attempted false pretenses or conspiracy to commit false pretenses, bribery, attempted bribery or conspiracy to bribe under the laws of any state or federal government for acts or omissions after January 1, 1985, and 5. The Proposer has examined and understands the terms, conditions, scope, contract opportunity, specifications request and other documents of this solicitation and that any and all exceptions have been noted in writing and have been included with the proposal submittal, and 6. If awarded a contract, the Proposer will provide the equipment/products and services and/or services to qualifying members of the NJPA in accordance with the terms, conditions, scope of this RFP, Proposer offered specifications and other documents of this solicitation, and The undersigned, being familiar with expectations and specifications request outlined in this RFP under consideration, hereby proposes to deliver through valid service request, Purchase Orders or forms for NJPA Members per this RFP, only new, unused and first quality equipment/products and services and services to designated NJPA Members, and 8. The Proposer has carefully checked the accuracy of all items and listed total price per item in this proposal. In addition, the Proposer accepts all general terms and conditions of this RFP, including all responsibilities of commitment and delivery of services as outlined, and 9. In submitting this proposal, it is understood that the right is reserved by the NJPA to reject any or all proposals and it is agreed by all parties that this proposal may not be withdrawn during a period of 90 days from the date proposals were opened regarding this RFP, and 10. The Proposer certifies that in performing this Contract they will comply with all applicable provisions of the federal, state, and local laws, regulations, rules, and orders, and 11. If Proposer has more than 40 employees in the state in which their principal place of business is located, Proposer Pan,- dd of dQ Packet Page -2717- hereby certifies their compliance with federal affirmative action requirements. Company Name: Contact Person for Questions: Phone: (Must be individual who is responsible for i mg out is Proposers R esponse orm Address: City /State /Zip: Telephone Number: E -mail Address: Authorized Signature: Authorized Name (typed): Title: Date: Notarized Subscribed and sworn to before me this Notary Public in and for the County of My commission expires: Signature: Fax Number: the day of Para dG of do Packet Page -2718- 20 State of 11/12/2013 16.E.7. 11/12/2013 16.E.7. Form G. OVERALL EVALUATION AND CRITERIA r� Evaluation for: For the Proposed Subject "FOOTWEAR WITH RELATED GOODS AND SERVICES" — Conformance to terms and conditions to include documentation 75 vauw n IV "I uGU Pricing 300 Industry and Marketplace Successes 50 Bidder's Ability to Sell and Service Contract Nationally 100 Bidder's Marketing Plan 75 Value Added Attributes 75 Inwicing Payment Terms and Financing Options 25 Warranty Coverages and Information. 100 Selection and Variety of Products and Services Offered Tntnl Pninte 200 Bonus Points awarded for. Bidders "Green" characteristics 50 Bidders Dissadvantaged Business Entity Charactoristics 50 PaaP AA of dQ Packet Page -2719- 11/12/2013 16.E.7. FORM H State Of Minnesota – Affirmative Action Certification If your response to this solicitation is or could be in excess of $100,000, complete the information requested below to determine whether you are subject to the Minnesota Human Rights Act (Minnesota Statutes 363A.36) certification requirement, and to provide documentation of compliance if 101-11 necessary. It is your sole responsibility to provide this information and—if required —to apply for Human Rights certification prior to the due date and time of the proposal or proposal and to obtain Human Rights certification prior to the execution of the contract. The State of Minnesota is under no obligation to delay proceeding with a contract until a company receives Human Rights certification BOX A – For companies which have employed more than 40 full -time employees within Minnesota on any single working day during the previous 12 months. All other companies proceed to BOX B. Your response will be rejected unless your business: has a current Certificate of Compliance issued by the Minnesota Department of Human Rights (MDHR) –or– has submitted an affirmative action plan to the MDHR, which the Department received prior to the date and time the responses are due. Check one of the following statements if you have employed more than 40 full-time employees in Minnesota on any single working day during the previous 12 months: ❑ We have a current Certificate of Compliance issued by the MDHR Proceed to BOX C. Include a copy of your certificate with your response. ❑ We do not have a current Certificate of Compliance. However, we submitted an Affirmative Action Plan to the MDHR for approval, which the Department received on (date). (lf the date is the same as the response due date, indicate the time your plan was received: (time). Proceed to BOX C. ❑ We do not have a Certificate of Compliance, nor has the MDHR received an Affirmative Action Plan from our company. We acknowledge that our response will be rejected. Proceed to BOX C. Contact the Minnesota Department of Human Rights for assistance. (See below for contact information.) Please note: Certificates of Compliance must be issued by the Minnesota Department of Human Rights. Affirmative Action Plans approved by the Federal government, a county, or a municipality must still be received, reviewed, and approved by the Minnesota Department of Human Rights before a certificate can be issued. BOX B – For those companies not described in BOX A Check below. ❑ We have not employed more than 40 full -time employees on any single working day in Minnesota within the previous 12 months. Proceed to BOX C. BOX C – For all companies By signing this statement, you certify that the information provided is accurate and that you are authorized to sign on behalf of the responder. You also certify that you are in compliance with federal affirmative action requirements that may apply to your company. (These requirements are generally triggered only by participating as a prime or subcontractor on federal projects or contracts. Contractors are alerted to these requirements by the federal government.) Name of Company: _ Date Authorized Signature: _ Telephone number: Printed Name: Title: For assistance with this form, contact: Minnesota Department of Human Rights, Compliance Services Section Mail: 190 East 5t' St., Suite 700 St. Paul, MN 55101 TC Metro: (651) 296 -5663 Toll Free: 800 - 657 -3704 Web: www.humanrights.state.mn.us Fax: (651) 296 -9042 TTY: (651) 296 -1283 Uorra d7 of dQ Packet Page -2720- Form I State of Minnesota — Immigration Status Certification 11/12/2013 16.E.7. By order of the Governor's Executive Order 08 -01, vendors and subcontractors MUST certify compliance with the Immigration Reform and Control Act of 1986 (8 U.S.C. 1101 et seq.) and certify use of the E- Verify system established by the Department of Homeland Security. E- Verify program information can be found at hftp : / /www.dhs.gov /ximgtn /programs. If any response to a solicitation is or could be in excess of $50,000, vendors and subcontractors must certify compliance with items 1 and 2 below. In addition, prior to the delivery of the product or initiation of services, vendors MUST obtain this certification from all subcontractors who will participate in the performance of the contract. All subcontractor certifications must be kept on file with the contract vendor and made available to the state upon request. 1. The company shown below is in compliance with the Immigration Reform and Control Act of 1986 in relation to all employees performing work in the United States and does not knowingly employ persons in violation of the United States immigration laws. The company shown below will obtain this certification from all subcontractors who will participate in the performance of this contract and maintain subcontractor certifications for inspection by the state if such inspection is requested; and 2. By the date of the delivery of the product and/or performance of services, the company shown below will have implemented or will be in the process of implementing the E- Verify program for all newly hired employees in the United States who will perform work on behalf of the State of Minnesota. I certify that the company shown below is in compliance with items 1 and 2 above and that I am authorized to sign on its behalf. Name of Company: Date: Authorized Signature: Telephone Number: ' Printed Name: Title: If the contract vendor and/or the subcontractors are not in compliance with the Immigration Reform and Control Act, or knowingly employ persons in violation of the United States immigration laws, or have not begun or implemented the E- Verify program for all newly hired employees in support of the contract, the state reserves the right to determine what action it may take. This action could include, but would not be limited to cancellation of the contract, and/or suspending or debarring the contract vendor from state purchasing. For assistance with the E- Verify Program Contact the National Customer Service Center (NCSC) at 1 -800- 375 -5283 (TTY 1- 800 - 767 - 1833). For assistance with this form, contact: Mail: 112 Administration Bldg, 50 Sherburne Ave. St. Paul, MN 55155 E- mail: NINMHeln.Lineastate.mn.us Telephone' 651.296.2600 Persons with a hearing or speech disability may contact us by dialing 711 or 1.800.627.3529 T •n . r An Packet Page -2721- RFP 031212 11. PRE - SUBMISSION CHECKLIST Pre - submission Checklist 11/12/2013 16.E.7. ❑ Have you read and understood the RFP? ❑ Have you attended the Pre - Proposal Conference for this RFP? ❑ Have you completed the questionnaire (Form A) to the best of your ability? ❑ Have you submitted pricing for all of the goods and services you offer within the scope of this RFP? ❑ Have you submitted a "Sourced Goods Multiplier? ❑ Have you packaged your Proposal submission identifying conspicuously "Competitive Proposal Enclosed, Please hold for public opening XX- XX -XXX ". ❑ Have you sent your package in sufficient time for physical delivery at 202 12th ST NE Staples, MN 56479 will occur prior to the deadline for delivery? ❑ Have you submitted original completed and executed forms C, D, E, H, and I from this RFP? ❑ Have you submitted verification of liability insurance with the coverage and limits required in the RFP? ❑ Have you provided an electronic copy (saved on a CD or flash drive) of your entire proposal including, but not limited to, Forms A, B, C, D, E, H, and I in your proposal? Contents of your Proposal response: ❑ Original executed forms B, C, D, E, H & I. ❑ Electronic submission of proposal forms A, B, C, D, E, H & I (CD or flash drive). ❑ Certificate of Insurance (demonstration of insurability) n Page 49 of 49 (revision 4/13/12) Packet Page -2722- 11/12/2013 16.E.7. tqJPA rtinnrw nipcuoop.org National Joint Powers Alliances 2ti; stee.' f%F 21 The Bidder's Response is available upon request. To obtain a copy, please contact Gordy Thompson, the Contract Manager dedicated to this contract award, at gordy.thompsongnjpacoop.org or 218.894.5489 cket Page -2723- Contract Award RFP #061812 FORM D 11/12/2013 16.E.7. FOOTWEAR WITH RELATED GOODS AND SERVICES, Proposal Offering (To be completed Only by Proposer) In compliance with the Request for proposal (RFP) for "FOOTWEAR WITH RELATED GOODS AND SERVICES ", the undersigned warrants that I/we have examined this RFP and, being familiar with all of the instructions, terms and conditions, general specifications, expectations, technical specifications, service expectations and any special terms, do hereby offer and agree to furnish the defined equipment/products and services and services in compliance with all terms, conditions of this RFP, any applicable amendments of this RFP, and all Proposer's Response documentation. Proposer Rather understands they are the sole offeror herein and that the performance of any sub - contractors employed by the Proposer in fulfillment of this offer is the sole responsibility of the Proposer. Company Name: Ri/1tfi5 7tle -X :z 00(1444k Date: Company Address: %ail SF $ 1X77y Ayelu uE City: LmlrA State: r- Zip: ( 6.6 67 ,may B..Selm of Mqr ldh1� !oS Q/c Q CCDU n Contact Person: Ma 414- 4eniA':;-*- Title: Dir'-C.{r c, Ca j2ara i�, s.-A&S Authorized Signature (ink only): (Name printed or typed) Contract Acceptance and Award (To be completed only by NJPA) Your proposal offering is hereby accepted and awarded. As an awarded Proposer, you are now bound to provide the defined goods and services contained in your proposal offering according to all terms, conditions, and pricing set forth in 's RFP, any amendments to this RFP, and the Proposer's Response. The effective date of the Contract will be 20 1Z and continue for four years thereafter AND which is subject to annual renewal at the optio of both parties. National Joint Powers Alliancejl.(NJPA) NJPA Authorized signature: Title: Executive Director NJPA Awarded this 1.777 day of _ NJPA Authorized sianatu ►1w1.\ffMUMA day of 4 Page 43 of 49 Packet Page -2724- (Name printed or typed) Contract Number 061812 —F55 (Name printed or typed) Contract Number 061812-99 FORM G. FOOTWEAR WITH RELATED GOODS AND SERVICES Possible �\ Pnintc e-1— Conformance to terms and conditions to include 50 40 documentation 75 69 Pricing 300 183 Industry and Marketplace Successes 50 43 Bidder's Ability to Sell and Service Contract Nationally 100 80 Bidder's Marketing Phan 75 64 Value Added Attributes 75 Sg Invoice Payment Terms and Financing Options 25 22 Warranty Coverages and Information 100 90 Selection and Variety of Products and Services Offered 200 150 Bonus Points awarded for. Bidders "Green" characteristics 50 40 Bidders Dissadvantaged Business Entity Charactoristics 50 5 Overall Evaluation Points 1,100 805 7/3/2012 7/3/2012 7/3/2012 7!3@012 7/3/2012 Packet Page -2725- 11/12/2013 16.E.7. p 11/12/2013 16.E.7. National Joint Powers Alliance 200 First Street NE - Staples MN, 56479 888 - 894 -1930 - www.nipacoop.org COMMENT AND REVIEW To the REQUEST FOR PROPOSAL (RFP) #061812 Entitled FOOTWEAR WITH RELATED GOODS AND SERVICES The following advertisement was placed in the Star Tribune on May 3, 2012 and May 10, 2012 and the Daily Journal of Commerce on May 3, 2012 through May 9, 2012 and on the NJPA website tivww.njpacoop.ore, and on noticetobidders.com website: The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential Member agencies to include all Government, Higher Education, K12 Education, Non - Profit, and Public Agencies located nationally in all fifty states and potentially internationally, issues this Request For Proposal (RFP) to result in a national contract solution for the procurement of FOOTWEAR WITH RELATED GOODS AND SERVICES. Details of this RFP are available beginning May 3, 2012 and continuing until May 24, 2012. Details may be obtained by letter of request to Gregg Meierhofer, NJPA, 202 12th Street Northeast P.O. Box 219, Staples, MN 56479, or by e-mail at RFP njpacoon.ore. Proposals will be received until June 18, 2012 at 4:30 p.m. Central Time at the above address and opened June 19, 2012 at 8:00AM Central Time. RFP's were requested from and distributed to: Henry Frank Wholesale Ltd. Payless ShoeSource Worldwide, Inc. State of Ohio State of Washington Bids were opened on June 19, 2012 at the offices of NJPA offices 202 12th Street Northeast in Staples, Minnesota 56479. All bids received were deemed responsive. Bids were received from the following: Payless ShoeSource Worldwide, Inc. Bids were reviewed by the Bid Review committee consisting of: Ginger Line, Contract Specialist Gregg Meierhofer, Bids and Contracts Officer Tracy Plinske, Contract Specialist Keith Hanson, Accounting Manager, CPA Maureen Knight, Contracts and Marketing Specialist raLRCL rags -G /LV- 11/12/2013 16.E.7. s JPA National Joint Powers Alliance 200 First Street NE - Staples MN, 56419 888- 894 -1930 - www.njpacoop.org The findings of the Bid Review Committee are summarized as follows: The Bid Evaluation Committee found the bid response to be generally well put together and offering a wide array of products and services. We feel that Payless ShoeSource Worldwide, Inc. can serve our clients' needs and give them their wide range of products and services in the footwear market. The Committee also found the bids to be within a "Competitive Range ". For these reasons the NJPA Evaluation Team recommends award of NJPA #061812 to Payless ShoeSource Worldwide, Inc. Ginger Line, o cts Speciali t Gregg Mei ofer, Bids and G ntracts Officer Tracy P ' ske, on racts Specialist Keith Hanson, Accounting Manager, CPA aureen ght, Contracts ,& Marketing Specialist 061812 -PSS -7-3,12, Date Date Date Date - 3__ L k Date P: 239.261.3948 R F: 239.261.3948 ( S. 6 BOOT & SHOE INC. 4396 Tamiami Trail North Naples, FL 34103 -3105 E: viesboorandshoe @ centu ylink net VICTOR LOGSDON SOLICITATION:# 13 -6049 PROTECTIVE FOOTWEAR (SHOES AND BOOTS) MASTER Packet Page -2728- 11/12/2013 16.E.7. P. 239.261.3948 R w F. 239.261.3948 S• VIC'S BOOT &SHOE INC. 4396 Tamiami Trail North Naples, FL 34103 -3105 E: vicsbootandshoe @ centurylink.net VICTOR LOGSDON PURCHASING DIRECTOR COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3327 TAMIAMI TRAIL E. NAPLES FL. 34112 PROTECTIVE FOOTWEAR BID 13 -6049 11/12/2013 16.E.7. I WANT TO TAKE THE OPORTUNITY TO INTRODUCE MY COMPANY. WE HAVE BEEN IN BUSINESS IN NAPLES SINCE 1962 AND HAVE BEEN SERVICING THE BOOT AND SHOE NEEDS OF THE PEOPLE OF COLLIER. MY MAIN WORK SHOE LINE IS RED WING SHOE CO. WHICH HAS BEEN IN BUSINESS SINCE 1907 AND THEIR SPECIALITY BEING BOOTS AND SHOES FOR THE WORKING MAN AND WOMAN. I ALSO CARY A SECOND LINE OF BOOTS WHICH IS WORX SHOE CO. AND ALSO NOW I CARRY THE IRISH SETTER LINE OF WORK BOOTS THESE COMPANYS ARE OWNED BY REDWING SHOE CO. THIS OFFERS THE CUSTOMER A SECOND PRICE POINT BOOT. I ALSO CARRY GEORGIA, BOOTS AND ALSO THOROGOOD UNIFORM FOOTWEAR LINE. AT PRESENT TIME I CARRY OVER 50 STYLES OF SAFETY BOOTS AND SHOES THAT MEET THIS BIDS CRITERIA, AND I AM CONSTANTLY UPDATING MY INVENTORY TO MEET THE NEEDS OF MY CLIENTS. I PROVIDE A REPAIR SERVICE, IF NEEDED. MINOR REPAIRS CAN BE DONE LOCALLY TURNAROUD TIME IS 3 TO 4 DAYS. MAJOR REPAIRS (SOLE AND HEELS) WILL BE DONE AT AN AUTHORIZED RED WING REPAIR CENTER AND THAT IS A 7 WORKING DAY WAIT. THE AVERAGE PRICE FOR SOLES AND HEEL REPAIRS IS $70 FOR STANDARD SOLES $85 FOR VIBRAM SOLES AND HEELS. PLEASE CONTACT ME IF YOU NEED ANY ADDITIONAL INFORMATION OF HAVE A SPECIFIC QUESTION. I AM LOOKING FORWARD TO WORKING WITH YOU NOW AND IN THE FUTURE. YOUVE.LOGSDON SS: VIC (PRESIDENT) Packet Page -2729- 11/12/2013 16.E.7. SM Attachment 1: Vendor Submittal - Vendor's Non - Response Statement The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons why prospective Vendors did not wish to respond to this ITB. If your firm is not responding to this ITB, please indicate the reason(s) by checking any appropriate item(s) listed below and return this form via email or fax to the Procurement Strategist listed on the first page or mail to: Collier County Purchasing Department, 3327 Tamiami Trail East, Naples, Florida 34112. We are not responding to this ITB for the following reason(s): Solicitation: 13 -6049 Protective Footwear (Shoes and Boots) ❑ Services requested not available through our company. ❑ Our firm could not meet specifications /scope of work. ❑ Specifications /scope of work not clearly understood (too vague, rigid, etc.) ❑ Project is too small. ❑ Insufficient time allowed for preparation of response. ❑ incorrect address used. Please correct mailing address: ❑ Other reason(s): Firm's Complete Legal Name Address City, State, Zip Telephone Number FAX Number Signature / Title Type Name of Signature #13 -6049 ITB Template_01 101/2013 Packet Page -2730- Date: 25 11/12/2013 16.E.7. Attachment 2: Vendor's Check List IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign in the spaces indicated and return with bid. Vendor should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. 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. Affidavit for Claiming Status as a Local Business, if applicable. 10. Immigration Affidavit and company's E- Verify profile page or memorandum of understanding. 11. Copies of licenses, equipment lists, subcontractors or any other information as noted in this ITB. 12. 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 -6049 Protective Footwear (Shoes and Boots) • Opening Date: June 7, 2013 13. 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. V, CZ, C7 A 4 5�oc ANC Co a ,A—, r00 p ,66,h P-.- Signature & Title f16 13 Date #13 -6049 26 ITB Template 01/01/2013 Packet Page -2731- 11/12/2013 16.E.7. Attachment 3: Vendor Submittal - Bid Response Form FROM: V i Ci 60d C/' >9710r, .1y1 -1 G Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: Solicitation: 13 -6049 Protective Footwear (Shoes and Boots) Dear Commissioners: The undersigned, as Vendor, hereby declares that the specifications have been fully examined and the Vendor is fully informed in regard to all conditions pertaining to the work to be performed for as per the scope of work. The Vendor further declares that the only persons, company or parties interested in this Bid or the Contract to be entered into as principals are named herein; that this Bid is made without connection with any other person, company or companies submitting a Bid; and it is all respects fair and in good faith, without collusion or fraud. The Vendor proposes and agrees if this Bid is accepted, to contract, either by a County issued purchase order or formal contract, to comply with the requirements in full in accordance with the terms, conditions and specifications denoted herein, according to the following unit prices: Percentage off Manufacturer's List Price Charge for Special Sizes (if applicable $ 1,11.19 Charge for Repair $ Vo c.s Catalogs and Manufacturer Price List Attached yes ❑ no Vendor has Website with current Manufacturer Price List ❑ yes Ano 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: / % 3 0 Days; Net 30 Days #13 -6049 27 IT13 Template_01 10112013 Packet Page -2732- 11/12/2013 16.E.7. Note: If you choose to bid manually, please submit an ORIGINAL and ONE COPY of your bid response pages. The undersigned do agree that should this Bid be accepted, to execute a formal contract, if required, and present the formal contract to the County Purchasing Director for approval within fifteen (15) days after being notified of an award. #13 -6049 ITB Template_01 /01/2013 28 Packet Page -2733- 11/12/2013 16.E.7. IN WFNESS WHEREOF, WE have hereunto sub cr' ed our names on this 6 ILAI day of 00M 20 13 in the County of in the State of t'72 Firm's Complete Legal Name Vf G .'S L3 0 b'f' 14 ,SL10e- :rnC. Address L4 -3 1 J+m r Zr City, State, Zip /V f3 %��. C� Fi or Id,9 } q / 03 Florida Certificate of Authority Document Number Federal Tax Identification Number CCR # or CAGE Code Telephone Number FAX Number Signature / Title Type Name of Signature Date Z43 067(o Flao,�sa2f' -O 5 9 -1 g 7.144 q.5;— D46 4 - e3-20--67A' a30►- ;L6i - ag17,7 Vi G f 'or 1= �m %LJOn C96— ad -1 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 VI G6 )t90 f And .S1ioe- #13 -6049 29 ITB Template_01 /01/2013 Packet Page -2734- 11/12/2013 16.E.7. Attachment 4: Vendor Submittal — Local Vendor Preference Affidavit Solicitation: #13 -6049 Protective Footwear (Shoes and Boots) (Check Appropriate Boxes Below) State of Florida (Select County if Vendor is described as a Local Business M Collier County ❑ Lee County Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy; A "local business" is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well -being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. Vendor must complete the following information: Year Business Established in &Collier County or ❑ Lee County:j s/ Number of Employees (Including Owner(s) or Corporate Officers): O� Number of Employees Living in ❑ Collier County or ❑ Lee (Including Owner(s) or Corporate Officers):_ If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable. Vendor Name: L I c �01- E ho,5closi Date: Address in Colli r e C z ? 11/ . C/ /bY �r Signature: Title:�'PS /c��n?� Q�/��► -+ STATE OF FLORIDA M COLLIER COUNTY ❑ LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this CJ' Day o -e 20 13, L C— Otary Public �;�:'•� .. KATHY K. CHIMER / (.AY COMMISSION # DD 968726 My Commission Expires: 11 Z (1 5� y P E TIRES: AP6112, 2014 •%�;;uF; Bonded Thou Notary PW* W-0- (AFFIX OFFICIAL SEAL) #13 -6049 ITB Template_01 101/2013 30 Packet Page -2735- 11/12/2013 16.E.7. Code,- Comm, > sew pwchautv Attachment 5: Vendor Submittal — immigration Affidavit Solicitation: 13 -6049 Protective Footwear (Shoes and Boots) This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are required to enroll in the E- Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's /bidder's proposal. Acceptable evidence consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E- Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E- Verify program may deem the Vendor ! Bidder's proposal as non - responsive Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ( "INA "). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E- Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E- Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's / Bidder's proposal. �I C, � 4o f grid S4 a a V n r- - Company Name 4090 l c� Print Name �! G to �" t�G O !? Title i��5 /O�c�' hf 0 whC�'' Signature <'2 �_ Date 0.1-06-13 State of l` D ►2 r �� County ofc---,Z�-, 1 � , -C r The foregoing instrument was signed and acknowledged before me this � day of 20:1.' b y v/ I Cfo L1— who has produced )✓ P as identification. not or Ty a Name (Type of Identification and Number) N ry Pu is ignat e // *k4-- i .Lf e. C-u e 5 S -P Printed Name of Notary Public ;;�r'� •. KATHY K. CHESSER ?'.•... 6SY COMAIISSION k DD 968226 / U / EXPIRES: April 12, 2014 a Bonded Thru Note Publ� UnderwrNers Notary Commission Number /Expiration " The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. #13 -6049 ITB Template 01/01/2013 Packet Page -2736- 31 E- Verify Tutorial Knowledge Test Results 11/12/2013 16.E.7. Tutorial Horne Exit Tutorial Log Out E- Verify Program administrator Tutorial for Employers 34 of 30 Congratulations! VICTOR LOGSDON (VLOG3101), your score is 96.43% VICTOR LOGSDON, you successfully completed this tutorial and passed the E- Verify Knowledge Test on June 03, 2013. Use your browsers print capability to obtain a copy of this page for your records. To use E- Veri4,, seiect'Exit Tutorie!.' E Verify REMINDER: Yau must visit 'View Essential Resources' to read the E- Verify User Manual, and you must print and clearly display the English and Spanish versions of the 'Notice of E- Verify Participation' and 'Right to Work' posters. U.S. DePsmnen: of Homeiand Securth - www.dns.ucw V Citisenstim * -no Immfgmbon sem,., r - wwa.ussas o04 Accessibility Downioad vtewem https: / /e- verify .uscis.gov /emp/TutorialRendet - - TutoriaVEV/Test/kt 0 Packet Page -2737- �g 2... 6/3/2013 x 11/12/2013 16.E.7. A&rMWSr^es uutClas�tut 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 proposal. 1. General Information (provide all information) Taxpayer Name V I c r D �! S D vl (as shown on income, tq� return) If ^�- Business Name V 1 C S DC� f -1?d S17oe .f-r1 L (if different from aver nWe) Address L-f , 3� (� 1 i9 1'h / ►9 h) / r. Al City State lam/ 0 %-t C(),g Zip 3q 1 Telephoner 351^ X 1--3 24Ax Order Information Address .�9� .qm t 9 n7j 7r', Al City %S State A, zip FAX 3 � — 1;1.6 /— TILT Email V t 2. Company Status (check only one) Remit / Payment Information Address Gm' State Zip 1191 _Individual / Sole Proprietor Corporation _Partnership _Tax Exempt (Federal income tax- exempt entity _ Limited Liability Company under Internal Revenue Service guidelines IRC C 501 (c) 3) Enter the tax classification (D = Disregarded Entity, C = Corporation, P = Partnership) 3. Taxpayer Identification Number (for tax reporting purposes only) Federal Tax Identification Number (TIN) -- 14; ,44 (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, l certify that the information shown on this form is correct to my knowledge. .,I / _ . 0-'7 .t . Signature Date —O b —1 Title t Phone Number — #13 -6049 ITB Template_01 /0112013 Packet Page -2738- 32 n/< 14e 11/12/2013 16.E.7. Attachment 7: Vendor Submittal - Insurance and Bonding Requirements Insurance / Bond Type Required Limits 1. ❑ Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements 2. ❑ Employer's Liability $ 40 0 000 ingle limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $500.000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the 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 attomeys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the ContractorNendor /Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. ❑ Automobile Liability $ Each Occurrence; Bodily Injury & Property Damage, Owned /Non - owned /Hired; Automobile Included 5. ❑ Other insurance as noted: ❑ Watercraft $ Per Occurrence ❑ 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 n ❑ Professional Liability $ per claim and in • $1,000,000 per claim and in the aggregate the aggregate #13 -6049 • $2,000,000 per claim and in the aggregate ITB Template-01/01/2013 Packet Page -2739- 33 11/12/2013 16.E.7. ❑ 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 $200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost bome by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A -" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. ® Thirty (30) Days Cancellation Notice required. Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm Vt G "S„ TAC, Date (99-04-13 Vendor Signature Print Name !i ! C to -/-0 n Insurance Agency cV t9 et,t .4d!$ c!►^a3hG Agent Name �? �� �" y ,/ �+ n t/ fi n e Telephone Number #13 -6049 34 ITB Template-01 /01/2013 Packet Page -2740- rr 11/12/oR° CERTIFICATE OF LIABILITY INSURANCE 1 20 2013 16.E.7. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED , EPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IAPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy0es) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endersertlent/eI PRODUCER Lutgert Insurance - Naples PO Box 112500 Naples FL 34108 INSURED VICSS -1 INSURER B: VICES Boot 81 Shoe Inc. 4396 N Tamiami Trail INSURER C: INSURER D: Naples FL 34103 COVERAGES CFRTIFICATF MI IIIARCD• V�1VIV1\ I�Y1e1UGR. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1�TR TYPE OF INSURANCE ADDL IN R WV POLICY NUMBER POLICY EFF MM/D POLICY EXP MM /DD/YYYY LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR 02BZ06976710 /912013 /9/2014 EACH OCCURRENCE $1,000,000 DAMAGE MI E D $1,000 000 MED EXP Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO LOC PRODUCTS - COMP /OP AGG $2,000,000 $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS NON -OWNED AUTOS I Ea acddant BODILY INJURY (Per person) $ BODILY INJURY (Per accident) s PROPERTY DAMAGE Per accident $ Is UMBRELLA IJAB EXCESS UAS OCCUR CLAIMS -MADE N/A EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe wider DESCRIPTION OF OPERATIONS below WC STATU- I OTH- ER s E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT 1 $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, N more space is required) /"Cb'M01e-ATC LIA1 MCn _ Collier County Risk Management Adminstration Bldg, 4th Floor 3301 Tamiami Trail E Naples FL 34112 11V1.1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. RED REPRESENTATIVE W 121165 -cU14.0 AL;UKU CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name marks of ACORD Packet Page -2741- PRICES SUBJECT TO VIVS BOOT SHOE 11/12/2013 16.E.7. - CHANGE WITHOUT NOTICE RED WING PRICE LIST STOCK # PRICE STOCK 107 133 134 202 205 218 296 401 402 405 406 409 411 414 420 427 432 435 447 474 595 604 606 607 608 616 620 676 678 708 815 866 875 877 899 914 921 923 926 931 938 952 953 983 964 968 971 988 996 $164.99 $134.99 $134.99 $199.99 $139.99 $294.99 $154.99 $214.99 $204.99 $194.99 $199.99 $234.99 $204.99 $204.99 $179.99 $254.99 $184.99 $174.99 $214.99 $214.99 $199.99 $274.99 $214.99 $214.99 $234.99 $209.99 $199.99 $214.99 $224.99 $254.99 $279.99 $224.99 $224.99 $254.99 $239.99 $289.99 $309.99 $174.99 $174.99 $209.99 $184.99 $164.99 $184.99 $244.99 $259.99 $'294.99 $184.99 $194.99 $229.99 1101 1102 1105 1124 1125 1132 1138 1149 1155 1159 1170 1178 1196 1200 1203 1205 1206 1210 1216 1229 1246 1411 1412 1421 1425 1426 1444 1447 1620 1621 1623 1624 1626 1627 1634 1637 1681 1698 2126 2143 2156 2201 2202 2205 2206 2211 2214 2215 2218 PRICE STOCK# PRICE $2" -99 $219.99 $194.99 $189.99 $189.99 $214.99 $244.99 $199.99 $224.99 $164.99 $214.99 $229.99 $159.99 $194.99 $199.99 $209.99 $204.99 $179.99 $199.99 $349.99 $194.99 $214.99 $299.99 $204.99 $264.99 $299.99 $194.99 $184.99 $124.99 $124.99 $124.99 $124.99 $164.99 $144.99 $109.99 $109.99 $174.99 $244.99 $239.99 $149.99 $239.99 $249.99 $249.99 $144.99 $214.99 $224.99 $254.99 $424.99 $299.99 2221 2223 2226 2230 2231 2233 2234 2235 2238 2239 2240 2241 2244 2245 2246 2249 2254 2259 2260 2263 2254 2270 2274 2280 2292 2296 2321 2322 2323 2324 2325 2326 2327 2334 2337 2340 2375 2380 2381 2382 2383 2401 2404 2405 2406 2408 2409 2412 2414 $184.99 $324.99 $179.99 $179.99 $224.99 $214.99 $199.99 $169.99 $169.99 $189.99 $179.99 $179.99 $169.99 $199.99 $189.99 $199.99 $204.99 $199.99 $179.99 $189.99 $249.99 $264.99 $219.99 $184.99 $189.99 $359.99 $159.99 $134.99 $134.99 $134.99 $134.99 $204.99 $169.99 $149.99 $114.99 $114.99 $164.99 $164.99 $194.99 $179.99 $194.99 $194.99 $234.99 $284.99 $239.99 $219.99 $244.99 $244.99 $319.99 $309.99 Packet Page -2742- STOCKK# r 2426 2450 2491 2492 2499 2595 2691 3049 3501 3502 3505 3506 3507 3508 3510 3511 3512 3523 3526 3527 3528 3530 3533 3535 3539 3540 3548 3568 4053 4054 4070 4074 4174 4206 4208 4210 4212 4216 4273 4296 4333 4403 4405 4406 4407 4408 4410 4414 4415 4416 PRICE STOCK# PRICE $399.99 $249.99 $"224.99 $164.99 $204.99 $199.99 $229.99 $164.99 $164.99 $254.99 $2'29.99 $234.99 $259.99 $~179.99 $239.99 $239.99 $189.99 $189.99 $274.99 $204.99 $259.99 $154.99 $184.99 $194.99 $179.99 $244.99 $204.99 $129.99 $129.99 $129.99 $129.99 $124.99 $224.99 $254.99 $239.99 $229.99 $204.99 $234.99 $164.99 $159.99 $204.99 $204.99 $204.99 $174.99 $174.99 $189.99 $214.99 $429.99 $214.99 4418 4420 4421 4422 4425 4433 4435 4436 4439 4440 4441 4445 4448 4449 4451 4456 4470 4471 4472 4473 4474 4479 4481 4483 4484 4489 4490 4491 4494 4495 4499 461.3 5886 5889 6329 6337 6602 6604 6612 6618 6533 6634 6540 6546 6547 6659 6662 6657 6668 SM.99 $204.99 $184.99 $194.99 $294.99 $214.99 $224.99 $229.99 $199.99 $274.99 $234.99 $269.99 $254.99 $224.99 $214.99 $189.99 $229.99 $229.99 $209.99 $239.99 $169.99 $154.99 $244.99 $334.99 $344.99 $239.99 $149.99 $149.99 $234.99 $329.99 $229.99 $149.99 $164.99 $174.99 $119.99 $119.99 $174.99 $174.99 $174.99 $189.99 $139.99 $139.99 $164.99 $174.99 $174.99 $189.99 $199.99 $174.99 $174.99 * Includes Tsppers 11/12/2013 16.E.7 PRICES SUBJECT TO VIC'S BOOT SHOE JUIIC, cu I a CHANGE WITHOUT NOTICE RED WING PRICE LIST _9"CK # 66 66 66 66 66 66 66 669 67 67 670 670 PRICE STOCK# PRICE STOCK# PRICE STOCK# PRICE 0 $149.99 6 6704 $ $139.99 8 8683 $ $179.99 Packet Page -2743- PRICES SUBJECT TO VIC'S BOOT SHOE 11 /12/2013 16. E.7. CHANGE WITHOUT NOTICE WORX PRICE LIST STOCK# PRICE I STOCK# PRICE I STOCK# PRICE 5006 $104.99 5601 $149.99 5007 $104.99 5603 $149.99 5008 $104.99 5608 $109.99 5009 $104.99 5609 $109.99 5010 $109.99 5611 $146.99 5011 $109.99 5616 $99.99 5013 $119.99 5618 $104.99 5020 $109.99 5620 $124.99 5021 $109.99 5626 $159.99 5099 $129.99 5632 $169.99 5105 $109.99 5661 $134.99 5107 $109.99 5700 $159.99 5108 $99.99 5800 $134.99 5109 $99.99 5801 $144.99 5110 $84.99 5803 $164.99 5111 $109.99 5808 $114.99 5130 $99.99 5823 $144.99 5169 $124.99 5828 $174.99 5182 $104.99 5829 $184.99 5266 $134.99 6106 $94.99 5290 $144.99 6235 $104.99 5300 $124.99 6266 $134.99 5301 $124.99 6286 $144.99 5305 $114.99 6299 $129.99 5334 $89.99 6308 $104.99 5335 $109.99 6318 $104.99 5344 $89.99 6333 $79.99 5345 $104.99 6335 $94.99 5373 $129.99 6364 $69.99 5374 $129.99 6365 $69.99 5411 $99.99 6499 $189.99 5413 $114.99 6500 $169.99 5424 $134.99 6510 $69.99 5425 $134.99 6513 $74.99 5429 $184.99 6514 $74.99 5430 $94.99 6515 $114.99 5433 $104.99 6525 $119.99 5455 $154.99 6550 $89.99 5486 $154.99 6551 $84.99 5489 $159.99 6552 $94.99 5500 $124.99 6553 $89.99 5501 $124.99 6554 $79.99 5503 $124.99 6555 $89.99 5504 $124.99 6556 $99.99 5505 $119.99 6558 $89.99 5509 $129.99 Worx Discontinued 5511 $94.99 5001 $96.00 5525 $134.99 5002 $96.00 5526 $144.99 5003 $96.00 5529 $134.99 5005 $96.00 5530 $89.99 5395 $96.99 5553 $114.99 2369 $124.99 5582 $104.99 5660 $129.99 5584 $144.99 5860 $139.99 5586 $139.99 5981 $164.99 5989 $184.99 Packet Page -2744- 8046180 $96.00 8046190 $116.00 8046191 $124.00 '8046446 $236.00 8046522 $92.00 8316027 $124.00 8316031 $79.00 8348180 $90.00 8346218 $106.00 8346219 $112.00 8346522 $82.00 8346523 $88.00 8346874 $176.00 `indudes zipper ROCKY BRAND 911113 $161.99 REDBACK USFBF $376.00 USBBK $189.00 USBBK $204.00 USACH $179.00 GEORGIA -DURANGO G4274 $146.99 G4374 $156.99 G4673 $174.99 G5153 $156.99 G5353 $159.99 66274 $114.99 G6374 $124.99 G6424 $149.99 G6693 $149.99 G9644 $174.99 G6334 $159.99 G6644 $159.99 FR100 $149.99 FR102 $149.99 FR200 $151.99 FR204 $151.99 DB510 $141.99 RD510 $131.99 Georgia -Durango Disc G3374 $124.99 G6425 $149.99 TR760 $129.99 �. TR762 $129.99 PRICES SUBJECTTO CHANGE WITHOUT NOTICE STOCK# PRICE VIC'S BOOT SHOE IRISH SETTER PRICE UST STOCK# PRICE 83200 $169.99 83804 $154.99 83201 $164.99 83805 $189.99 83300 $129.99 83806 $194.99 83400 $164.99 83807 $164.99 83401 $159.99 83808 $169.99 83402 $174.99 83809 $174.99 83403 $169.99 83810 $179.99 83600 $184.99 83811 $204.99 83601 $179.99 83812 $209.99 83603 $139.99 83813 $189.99 83604 $144.99 83814 $194.99 83605 $129.99 83815 $144.99 83606 $134.99 83816 $144.99 83607 $104.99 83817 $144.99 83608 $109.99 83818 $144.99 83609 $174.99 83820 $269.99 83610 $179.99 83824 $139.99 83611 $104.99 83826 $214.99 83612 $109.99 83828 $219.99 83613 $124.99 83900 $184.99 83614 $129.99 83901 $179.99 83615 $114.99 83902 $179.99 83616 $119.99 83903 $174.99 83617 $124.99 83904 $169.99 83618 $129.99 83905 $164.99 83624 $129.99 83906 $189.99 83626 $129.99 83907 $184.99 83800 $194.99 83908 $149.99 83801 $189.99 83909 $144.99 83803 $149.99 89000 $119.99 89001 $124.99 89002 $124.99 89003 5134.99 Packet Page -2745- 11/12/2013 16.E.7. June, 2013 STOCK# PRICE BOOT & SHOE INSPECTION FORM EMPLOYE NAME EMPLOYE DEPARTMENT STYLE # DATE OF PURCHASE DATE OF INSPECTION GENERAL CONDITION OF BOOT: SOLES GOOD NEEDS REPAIRS UPPERS GOOD NEEDS REPAIRS PROTECTIVE TOE GOOD NEEDS REPAIRED LININGS GOOD NEEDS REPLACED OVERALL CONDITION OF BOOTS GOOD NEEDS REPLACED COST OF REPAIRS COST OF REPLACEMENT RECOMENDATIONS TO PREVENT PROBLEM IN FUTURE. DIFFERENT SIZE DIFFERENT BOOT BETTER MATAINANCE INSPECTED BY: Packet Page -2746- 11/12/2013 16.E.7.