#20-7742 (Control Technologies, Inc.) FIXED TERM SERVICE AGREEMENT
# 20-7742
for
PAN TILT ZOOM (PTZ) CAMERAS ��,��
THIS AGREEMENT, made and entered into on this ii. day of OC. I X- 20 20 , by
and between Control Technologies, Inc. , authorized
to do business in the State of Florida, whose business address is 2776 S. Financial Court
Sanford, FL 32773 , (the "Contractor") and Collier
County, a political subdivision of the State of Florida, (the "County"):
WITNESSETH:
1. AGREEMENT TERM. The Agreement shall be for a five (5 ) year period,
commencing I upon the date of Board approval of on and
terminating on five (5 ) year(s) from that date or until all outstanding Purchase
Order(s) issued prior to the expiration of the Agreement period have been completed or
terminated.
The County may, at its discretion and with thc consent of the Contractor, renew the
Agreement under all of thc terms and conditions contained in this Agreement for
( ) additional ( )-yeas-perm hv—Canstaui;-g+a,Fe-t#e
Contractor written notice of the County's intention to renew the Agreement term prior to
the end of the Agreement term then in effect.
The County Manager, or his designee, may, at his discretion, extend the Agreement
under all of the terms and conditions contained in this Agreement for up to one hundred
and eighty (180) days. The County Manager, or his designee, shall give the Contractor
written notice of the County's intention to extend the Agreement term prior to the end of
the Agreement term then in effect.
2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon
issuance of a ❑■ Purchase Order ❑
3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the
terms and conditions of Request for Proposal (RFP) 11 Invitation to Bid (ITB)
Other ( ) # 20-7742, including
all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to
herein and made an integral part of this Agreement.
• The Contractor shall also provide services in accordance with Exhibit A - Scope of
Services attached hereto.
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Fixed Term Service Agreement#2017-002(Ver.1)
3.1 This Agreement contains the entire understanding between the parties and any
modifications to this Agreement shall be mutually agreed upon in writing by the Parties,
in compliance with the County's Procurement Ordinance, as amended, and Procurement
Procedures in effect at the time such services are authorized.
4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of
this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price
methodology as defined in Section 4.1. Payment will be made upon receipt of a proper
invoice and upon approval by the County's Contract Administrative Agent/Project
Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local
Government Prompt Payment Act".
4.1 Price Methodology (as selected below):
Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are
transferred from the County to the contractor; and, as a business practice there are no
hourly or material invoices presented, rather, t
is-authorized-
I Iagrees to pay the contractor for the amount of labor
time spent by the contractor's employees and subcontractors to perform the work(number
of hours times hourly rate), and for materials and equipment used in the project (cost of
materials plus the contractor's markup). This methodology is generally used in projects in
that the project requirements would most likely change. As a general busineac practice,
of hours worked and billing rate by position (and not company (or subcontractor)
1•1 Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs,
including labor, materials, equipment, overhead, etc.) for a repetitive product or service
delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The
invoice must identify the unit price and the number of units received (no contractor
inventory or cost verification).
4.2 Any County agency may obtain services under this Agreement, provided
sufficient funds are included in their budget(s).
4.3 Payments will be made for services furnished, delivered, and accepted, upon
receipt and approval of invoices submitted on the date of services or within six (6) months
after completion of the Agreement. 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.
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()
44 n (check if applicable) Travel and
expenses shall be reimbursed as per Section 112.061 Fla. Stats.
Mileage $0.141.5 per mile
gfeakfast $0-00
Lunch $44,00
Dinner $19.00
Airfare Actual ticket cost limited to tourist or coach class fare
Rental car Actual rental cost limited to compact or standard size
vehicles
g Actual cost of lodging at single occupancy rate with a
cap of no more than $150.00 per night
Parking Actual cost of parking
Taxi or Airport Limousine Actual cost of either taxi or airport limousine
•
responsible for all other costs and expenses associated with activities and solicitations
undertaken pursuant to this Agreement.
5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the performance
of the Work. Collier County, Florida as a political subdivision of the State of Florida, is
exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida
Statutes, Certificate of Exemption # 85-8015966531C.
6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if
mailed or emailed to the Contractor at the following:
Company Name: Control Technologies, Inc.
Address: 2776 S. Financial Court
Sanford, FL 32773
Authorized Agent: Michael R. Day, President
Attention Name & Title:
Telephone: (407) 330-2800
E-Mail(s): mike@cttraffic.com
All Notices from the Contractor to the County shall be deemed duly served if mailed or
emailed to the County to:
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.AO
Board of County Commissioners for Collier County, Florida
Division Name: Transportation Engineering Division
Division Director: Jay Ahmad
Address: 2885 Horseshoe Drive S.
Naples, FL 34104
Administrative Agent/PM: Chad Sweet, Senior Project Manager
Telephone: (239) 252-5762
E-Mail(s): Chad.Sweet@colliercountyfl.gov
The Contractor and the County may change the above mailing address at any time upon
giving the other party written notification. All notices under this Agreement must be in
writing.
7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an
agent of the County.
8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. The County
will not be obligated to pay for any permits obtained by Subcontractors.
Payment for all such permits issued by the County shall be processed internally by the
County. All non-County permits necessary for the prosecution of the Work shall be
procured and paid for by the Contractor. The Contractor shall also be solely responsible
for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Contractor agrees to comply
with all laws governing the responsibility of an employer with respect to persons employed
by the Contractor.
9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use
in any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect
or hereafter enacted or adopted. In the event of such violation by the Contractor or if the
County or its authorized representative shall deem any conduct on the part of the
Contractor to be objectionable or improper, the County shall have the right to suspend the
Agreement of the Contractor. Should the Contractor fail to correct any such violation,
conduct, or practice to the satisfaction of the County within twenty-four (24) hours after
receiving notice of such violation, conduct, or practice, such suspension to continue until
the violation is cured. The Contractor further agrees not to commence operation during
the suspension period until the violation has been corrected to the satisfaction of the
County.
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10. TERMINATION. Should the Contractor be found to have failed to perform his services in
a manner satisfactory to the County as per this Agreement, the County may terminate
said Agreement for cause; further the County may terminate this Agreement for
convenience with a thirty (30) day written notice. The County shall be sole judge of the
non-performance.
In the event that the County terminates this Agreement, Contractor's recovery against the
County shall be limited to that portion of the Agreement Amount earned through the date
of termination. The Contractor shall not be entitled to any other or further recovery against
the County, including, but not limited to, any damages or any anticipated profit on portions
of the services not performed.
11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to
race, sex, color, creed or national origin.
12. INSURANCE. The Contractor shall provide insurance as follows:
A. • Commercial General Liability: Coverage shall have minimum limits of
$ 1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability
and Property Damage Liability. This shall include Premises and Operations; Independent
Contractors; Products and Completed Operations and Contractual Liability.
P- Bu&iiness Auto Liability;y: Gayer-age sha# hove limits of
$ Per Occurrence, Combined Single Limit for Bodily Injury Liability and
Vehicles and Employee Non Ownership.
C. • Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of
$500,000 for each accident.
Professional-Lia
this insurance. Such insurance shall have limits of not less than $ each
claim and aggregate.
yber Liabilit rL: Coverage shall have minimum limits of$ per claim.
: Coverage shall have minimum limits of$ per
claim.
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Special Requirements: Collier County Board of County Commissioners, OR, Board of
County Commissioners in Collier County, OR, Collier County Government shall be listed
as the Certificate Holder and included as an "Additional Insured" on the Insurance
Certificate for Commercial General Liability where required. This insurance shall be
primary and non-contributory with respect to any other insurance maintained by, or
available for the benefit of, the Additional Insured and the Contractor's policy shall be
endorsed accordingly.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Contractor during the duration of this Agreement. The Contractor shall
provide County with certificates of insurance meeting the required insurance provisions.
Renewal certificates shall be sent to the County thirty (30) days prior to any expiration
date. Coverage afforded under the policies will not be canceled or allowed to expire until
the greater of: thirty (30) days prior written notice, or in accordance with policy provisions.
Contractor shall also notify County, in a like manner, within twenty-four (24) hours after
receipt, of any notices of expiration, cancellation, non-renewal or material change in
coverage or limits received by Contractor from its insurer, and nothing contained herein
shall relieve Contractor of this requirement to provide notice.
Contractor shall ensure that all subcontractors comply with the same insurance
requirements that the Contractor is required to meet.
13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor
shall defend, indemnify and hold harmless Collier County, its officers and employees from
any and all liabilities, damages, losses and costs, including, but not limited to, reasonable
attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this
Agreement by Contractor, any statutory or regulatory violations, or from personal injury,
property damage, direct or consequential damages, or economic loss, to the extent
caused by the negligence, recklessness, or intentionally wrongful conduct of the
Contractor or anyone employed or utilized by the Contractor in the performance of this
Agreement. This indemnification obligation shall not be 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.
13.1 The duty to defend under this Article 13 is independent and separate from the duty to
indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor,
County and any indemnified party. The duty to defend arises immediately upon
presentation of a claim by any party and written notice of such claim being provided to
Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive
the expiration or earlier termination of this Agreement until it is determined by final judgment
that an action against the County or an indemnified party for the matter indemnified
hereunder is fully and finally barred by the applicable statute of limitations.
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14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Transportation Engineering Division
15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner with
the performance of services required hereunder. Contractor further represents that no
persons having any such interest shall be employed to perform those services.
16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following
component parts, all of which are as fully a part of the Agreement as if herein set out
verbatim: Contractor's Proposal, Insurance Certificate(s), • Exhibit A Scope of Services,
Exhibit B Fee Schedule, ❑ RFP/ [I ITB/❑ Other
#20-7742 , including Exhibits, Attachments and Addenda/Addendum, ❑ subsequent
quotco, and IN Other Exhibit/Attachment: Federal Contract Provisions
17. APPLICABILITY. Sections corresponding to any checked box ( ■ ) expressly apply to
the terms of this Agreement.
18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this Agreement is subject to appropriation by the Board of County
Commissioners.
19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual
shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other
item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, 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 Agreement held by the individual and/or firm for cause.
20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the
Contractor is formally acknowledging without exception or stipulation that it agrees to
comply, at its own expense, with all federal, state and local laws, codes, statutes,
ordinances, rules, regulations and requirements applicable to this Agreement, including
but not limited to those dealing with the Immigration Reform and Control Act of 1986 as
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be
amended; taxation, workers' compensation, equal employment and safety including, but
not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public
Records Law Chapter 119, including specifically those contractual requirements at F.S. §
119.0701(2)(a)-(b) as stated as follows:
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IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS
AT:
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8999
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the
service.
2. Upon request from the public agency's custodian of public records, provide the
public agency with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the
cost provided in this chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law
for the duration of the contract term and following completion of the contract if the
Contractor does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all
public records in possession of the Contractor or keep and maintain public
records required by the public agency to perform the service. If the Contractor
transfers all public records to the public agency upon completion of the contract,
the Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the
Contractor keeps and maintains public records upon completion of the contract,
the Contractor shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to the public agency, upon
request from the public agency's custodian of public records, in a format that is
compatible with the information technology systems of the public agency.
If Contractor observes that the Contract Documents are at variance therewith, it shall
promptly notify the County in writing. Failure by the Contractor to comply with the laws
referenced herein shall constitute a breach of this Agreement and the County shall have
the discretion to unilaterally terminate this Agreement immediately.
21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful Contractor extending the pricing, terms and
conditions of this solicitation or resultant Agreement to other governmental entities at the
discretion of the successful Contractor.
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22. PAYMENTS WITHHELD. The County may decline to approve any application for
payment, or portions thereof, because of defective or incomplete work, subsequently
discovered evidence or subsequent inspections. The County may nullify the whole or any
part of any approval for payment previously issued and the County may withhold any
payments otherwise due to Contractor under this Agreement or any other Agreement
between the County and Contractor, to such extent as may be necessary in the County's
opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party
claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of
Contractor to make payment properly to subcontractors or for labor, materials or
equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance
of the Contract Amount; (e) reasonable indication that the Work will not be completed
within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or
(g) any other material breach of the Contract Documents.
If any conditions described above are not remedied or removed, the County may, after
three (3) days written notice, rectify the same at Contractor's expense. The County also
may offset against any sums due Contractor the amount of any liquidated or unliquidated
obligations of Contractor to the County, whether relating to or arising out of this Agreement
or any other Agreement between Contractor and the County.
23. n ,
,
materials, and shall leave the Project site clean.
24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES.
The Contractor shall employ people to work on County projects who are neat, clean,
well-groomed and courteous. Subject to the American with Disabilities Act, Contractor
shall supply competent employees who are physically capable of performing their
employment duties. The County may require the Contractor 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.
25. 10 WARRANTY. Contractor expressly warrants that the goods, materials and/or
equipment covered by this Agreement will conform to the requirements as specified, 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. Any services provided under this Agreement
shall be provided in accordance with generally accepted professional standards for the
particular service. These warranties shall survive inspection, acceptance, passage of title
and payment by the County.
Contractor further warrants to the County that all materials and equipment furnished under
the Contract Documents shall be applied, installed, connected, erected, used, cleaned
and conditioned in accordance with the instructions of the applicable manufacturers,
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fabricators, suppliers or processors except as otherwise provided for in the Contract
Documents.
If, within one (1) year after final completion, any Work is found to be defective or not in
conformance with the Contract Documents, Contractor shall correct it promptly after
receipt of written notice from the County. Contractor shall also be responsible for and pay
for replacement or repair of adjacent materials or Work which may be damaged as a result
of such replacement or repair. These warranties are in addition to those implied
warranties to which the County is entitled as a matter of law.
26. • TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws,
ordinances, rules or regulations of any public authority having jurisdiction over the Project
requires any portion of the Work to be specifically inspected, tested or approved,
Contractor shall assume full responsibility therefore, pay all costs in connection therewith
and furnish to the County the required certificates of inspection, testing or approval. All
inspections, tests or approvals shall be performed in a manner and by organizations
acceptable to the County.
27. •■J PROTECTION OF WORK.
A. Contractor shall fully protect the Work from loss or damage and shall bear the cost
of any such loss or damage until final payment has been made. If Contractor or
anyone for whom Contractor is legally liable is responsible for any loss or damage
to the Work, or other work or materials of the County or County's separate
contractors, Contractor shall be charged with the same, and any monies necessary
to replace such loss or damage shall be deducted from any amounts due Contractor.
B. Contractor shall not load nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall Contractor subject any part of the
Work or adjacent property to stresses or pressures that will endanger it.
C. Contractor shall not disturb any benchmark established by the County with respect
to the Project. If Contractor, or its subcontractors, agents or anyone, for whom
Contractor is legally liable, disturbs the County's benchmarks, Contractor shall
immediately notify the County. The County shall re-establish the benchmarks and
Contractor shall be liable for all costs incurred by the County associated therewith.
28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from
specifications shall be approved in writing by the County in advance.
29. CHANGES IN THE WORK. The County shall have the right at any time during the
progress of the Work to increase or decrease the Work. Promptly after being notified of a
change, Contractor shall submit an estimate of any cost or time increases or savings it
foresees as a result of the change. Except in an emergency endangering life or property,
or as expressly set forth herein, no addition or changes to the Work shall be made except
upon modification of the Purchase Order by the County, and the County shall not be liable
to the Contractor for any increased compensation without such modification. No officer,
employee or agent of the County is authorized to direct any extra or changed work orally.
Any modifications to this Agreement shall be in compliance with the County Procurement
Ordinance and Procedures in effect at the time such modifications are authorized.
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CA t)
30. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall
remain in effect.
31. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this
Agreement in compliance with the Procurement Ordinance, as amended, and
Procurement Procedures.
32. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by
this Agreement to resolve disputes between the parties, the parties shall make a good
faith effort to resolve any such disputes by negotiation. The negotiation shall be attended
by representatives of Contractor with full decision-making authority and by County's staff
person who would make the presentation of any settlement reached during negotiations
to County for approval. Failing resolution, and prior to the commencement of depositions
in any litigation between the parties arising out of this Agreement, the parties shall attempt
to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator
certified by the State of Florida. The mediation shall be attended by representatives of
Contractor with full decision-making authority and by County's staff person who would
make the presentation of any settlement reached at mediation to County's board for
approval. Should either party fail to submit to mediation as required hereunder, the other
party may obtain a court order requiring mediation under section 44.102, Fla. Stat.
33. VENUE. Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate federal
or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction
on all such matters.
34. I I KEY PERSONNEL. The Contractor's personnel and management to be utilized for
as many people as necessary to complete the services on a timely basis, and each person
assigned shall be available for an amount of time adequate to meet the required service
dates. The Contractor shall not change Key Personnel unless the following conditions arc
seven (7)days of the change.
pecse+414e4.
1■1 AGREEMENT STAFFING.The Contractor's personnel and management to be utilized
for this Agreement shall be knowledgeable in their areas of expertise. The County
reserves the right to perform investigations as may be deemed necessary to ensure that
competent persons will be utilized in the performance of the Agreement. The Contractor
shall assign as many people as necessary to complete required services on a timely basis,
and each person assigned shall be available for an amount of time adequate to meet
required services.
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35. ❑
of any of the Contract Documents, the terms of solicitation the Contractor's Proposal,
take precedence.
IN ORDER OF PRECEDENCE (Grant Funded). In the event of any conflict between or
among the terms of any of the Contract Documents and/or the County's Board approved
Executive Summary, the terms of the Agreement shall take precedence over the terms of
all other Contract Documents, except the terms of any Supplemental Conditions shall take
precedence over the Agreement. To the extent any conflict in the terms of the Contract
Documents cannot be resolved by application of the Supplemental Conditions, if any, or
the Agreement, the conflict shall be resolved by imposing the more strict or costly
obligation under the Contract Documents upon the Contractor at County's discretion.
36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without
the prior consent in writing of the County. Any attempt to assign or otherwise transfer this
Agreement, or any part herein, without the County's consent, shall be void. If Contractor
does, with approval, assign this Agreement or any part thereof, it shall require that its
assignee be bound to it and to assume toward Contractor all of the obligations and
responsibilities that Contractor has assumed toward the County.
37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as
amended. Background checks are valid for five (5) years and the Contractor shall be
responsible for all associated costs. If required, Contractor shall be responsible for the
costs of providing background checks by the Collier County Facilities Management
Division 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. All of Contractor's employees and subcontractors must wear Collier County
Government Identification badges at all times while performing services on County
facilities and properties. Contractor ID badges are valid for one (1) year from the date of
issuance and can be renewed each year at no cost to the Contractor during the time
period in which their background check is valid, as discussed below. All technicians shall
have on their shirts the name of the contractor's business.
The Contractor shall immediately notify the Collier County Facilities Management Division
via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier
County separates from their employment. This notification is critical to ensure the
continued security of Collier County facilities and systems. Failure to notify within four (4)
hours of separation may result in a deduction of$500 per incident.
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38. n
•
Collier County Government has authorizcd the Occupational Safety and Health
•
•
the right to refuse to allow OSHA onto a project that is being performed on Collier County
shall be the only entity allowed to refuse access to the project. However, this decision
Safety-E--ngReer.
(Intentionally left blank -signature page to follow)
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Fixed Term Service Agreement#2017-002(Ver.1)
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IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have
executed this Agreement on the date and year first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Crystal K. Kinzel, Clerk-of Court COLLIER COUNTY, FLORIDA
& Comptroller
By: �+ By: ��e%ery�l,."�`"
Bu L. Saunders , Chairman
Dated:
(stet as o al —
lqpature only. Control Technologies, Inc.
Contraco�F s Witnesses:
Contractor
-.\-- Wd'IS.}) By:
Contractor's First Wit ess Signature ;�
�� l a\00 J�bal., vi 5IGt -n'f"
l z J-r1 r\ TType/print signature and title
TType/print witness nameT ,.
r
C &tQ
_. lal.ek--
Contractor's Second Witness
(23-'cR..CQ R a C)
TType/print witness nameT
A ved a to P7 ?
e :
oun Att ey
Print Na e
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Fixed Term Service Agreement#2017-002(Ver.1)
Exhibit A
Scope of Services
n following this page (containing 2 pages)
I1 this exhibit is not applicable
Page 15 of 17
Fixed Term Service Agreement#2017-002(Ver.1)
ITB#20-7742 "Pan Tilt Zoom (PTZ) Cameras
EXHIBIT A
SCOPE OF SERVICES
Contractor will provide the equipment and software as per FDOT Section 682. Installation will not be required. This
solicitation is for the purchase of cameras and all applicable accessories only. See link below for FDOT Section 682
information:
http://www.fdot.gov/programmanagcment/Implemented/SpecBooks/January2018/Files/682-118.pdf
PTZ HD Camera Camera-HD 1080p/720p PTZ Day/Night Display Color, ITS IP High Temp TS-2,
10M/100M Ethernet Interface. (Camera make and model must be submitted with bid.)
Software Application 1. Integration with Activu Video Wall System.
2. Provides for remote configuration and proper Pan, Tilt, Zoom functionalities of
cameras.
Video Analytics Required on the Camera.
Network Protocol Supports the following: NTCIP, RCP, RTP/RTCP, RTSP, SNMP v3, Telnet, ONVIF,
HTTP, HTTPS, IPV4, IPV6, ICMP, UDP, TCP, DNS, DNSv6, DDNS, SMTP, NTP or
SNTP, DHCP, IGMP, ARP, iSCSI, UPnP, SOAP.
Image Stabilization Required.
Optics 1080p HD and 720p HD A=> 30fps.
Video Stream 4 Streams, H.264, MPEG4, ONVIF Compliant.
Focal length Optical Minimal 30X,Zoom minimum 12X.
Power Includes 24V Power Supply and Hi-PoE 60 Watt.
Storage Remote: FTP, SFTP,NAS, Local.
Connection Types Uni-cast, Multi-cast.
Cables CAT 5e shielded cable (per 1000 ft) and 2 Piece EZ-RJ45 Connector w/ ground (10 per
1000 ft)
CAT 6 Extender Longspan Point-to-Point Ethernet and PoE Extender—Base and Camera Units, 57V DC
Power Supply, 800MA(40 W)or approved equivalent.
Candy Cane 1 1/2" Schedule 40 Aluminum Conduit, 91.5" length with 12.5".
downward curve, ITS Express CCTV Mount or approved equivalent.
Mounting Bracket As per published County Specifications -Pelco Products Inc, Part No. Pelco EC 3075 or
approved
equivalent.
Equivalent must be identified and presented with hid, Traffic Operations will review and approve any alternatives
prior to bid award.
The County has elected to not consider any cameras affected by the criteria's in NDAA H.R.5515— John McCain
National Defense Authorization Act for Fiscal Year 2019,that passed on 08/13/2018.
(See link, https://www.congress.gov/bill/115th-congress/house-bill/5515/all-actions?overview=closed#tabs)
Although the Act does not require a government agency to take this into effect until January 2021, any cameras that
are submitted and not in compliance with this Act will be deemed non-responsive.
FDOT Approved Product List—Camera-Dome. (link below)
https://fdotwp 1.dot.state.fl.us/ApprovedProductList/ProductTypes/Index/458
FDOT Approved Product List that also follow NDAA H.R.5515 are listed below.
Page 1 of 2
• Axis Communications, Camera-Dome
Supplier: Axis Communications
o Model Number: Q60 Series limited to model numberQ6055-E(See firmware versions below)
o APL Certification Number: 682-002-007
o Comment: 4/19/2017: Re-evaluated to include additional model number Q6055-E, Firmware version:
PTZ_over SNMP 1_1-22_mipsisa32r2el.eap
• Bosch Security Systems, Camera-Dome
Supplier: Bosch Security Systems, Inc.
o Model Number: VG5-ITS Autodome Series(Firmware version: 5.92.0090)
o APL Certification Number: 682-002-004
o Comment: 5/5/2015 update: Model tested: VG5-ITS720P-30X4; Firmware Version: 5.92.0090
• CohuHD Costar, Camera-Dome
Supplier: CohuHD Costar
o Model Number: 4220HD Series
o APL Certification Number: 682-002-011
o Comment: "6/22/2018: Evaluated with the following changes: ruggedization of camera housing and
internal components. Model tested: 4220-1000" II Model tested: 4221-1000
Page 2 of 2
Exhibit B
Fee Schedule
following this page (containing I pages)
Page 16 of 17
Fixed Term Service Agreement#2017-002(Ver.1)
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Other Exhibit/Attachment
Description: Federal Contract Provisions
• following this page (containing 21 pages)
this exhibit is not applicable
Page 17 of 17
Fixed Term Service Agreement#2017-002(Ver.I)
EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS
FEDERAL HIGHWAY ADMINISTRATION —CFDA 20.205
The supplemental conditions contained in this section are intended to cooperate with, to supplement, and
to modify the general conditions and other specifications. In cases of disagreement with any other section
of this contract, the Supplemental Conditions shall govern.
Because this project activity is funded in whole or in part by the Federal Government, or an Agency
thereof, Federal Law requires that the Applicant's contracts relating to the project include certain
provisions. Definition per uniform requirements of federal awards (2 CFR Part 200.23): Contractor means
an entity that receives a contract. It shall be the awarded Contractor's responsibility to acquire and utilize
the necessary manuals and guidelines that apply to the work required to complete this project. In general,
1) The contractor (including all subcontractors) must insert these contract provisions in each
lower tier contracts (e.g. subcontract or sub-agreement);
2) The contractor (or subcontractor) must incorporate the applicable requirements of these
contract provisions by reference for work done under any purchase orders, rental agreements
and other agreements for supplies or services;
3) The prime contractor is responsible for compliance with these contract provisions by any
subcontractor, lower-tier subcontractor or service provider.
FCP-1 111)
ITB 20-7442,p.18 of 55
EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS
FEDERAL LAWS AND REGULATIONS
Access to Reports and Records: The vendor agrees to maintain all books, records, accounts and
reports required under this contract for a period of not less than three years after the date of termination or
expiration of this contract, except in the event of litigation or settlement of claims arising from the
performance of this contract, in which case Vendor agrees to maintain same until the Purchaser, the
Grantor Administrator, the Comptroller General, or any of their duly authorized representatives, have
disposed of all such litigation, appeals, claims or exceptions related thereto.
Administrative, Contractual, or Legal Remedies: Unless otherwise provided in this contract, all claims,
counter-claims, disputes and other matters in question between the local government and the contractor,
arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties
mutually agree, or in a Florida court of competent jurisdiction.
Award and Execution of Contract(Method of Bidding): MUST BE LOW BID
See Instructions to Bidders- Section 11.2 Statement of Award, Collier County Bid, page 8.
Buy America and Foreign Contractor and Supplier Restriction: Source of Supply — Steel: For
Federal-aid Contracts, only use steel and iron produced in the United States, in accordance with the Buy
America provisions of 23 CFR 635.410, as amended. Ensure that all manufacturing processes for this
material occur in the United States. As used in this specification, a manufacturing process is any process
that modifies the chemical content, physical shape or size, or final finish of a product beginning with the
initial melding and mixing and continuing through the bending and coating stages. A manufactured steel
or iron product is complete only when all grinding, drilling, welding, finishing and coating have been
completed. If a domestic product is taken outside the United States for any process, it becomes foreign
source material. When using steel and iron as a component of any manufactured product incorporated
into the project (e.g., concrete pipe, pre-stressed beams, corrugated steel pipe, etc.), these same
provisions apply, except that the manufacturer may use minimal quantities of foreign steel and iron when
the cost of such foreign materials does not exceed 0.1% of the total Contract amount or $2,500,
whichever is greater. These requirements are applicable to all steel and iron materials incorporated into
the finished work, but are not applicable to steel and iron items that the Contractor uses but does not
incorporate into the finished work. Provide a certification from the producer of steel or iron, or any product
containing steel or iron as a component, stating that all steel or iron furnished or incorporated into the
furnished product was manufactured in the United States in accordance with the requirements of this
specification and the Buy America provisions of 23 CFR 635.410, as amended. Such certification shall
also include (1) a statement that the product was produced entirely within the United States, or(2) a
statement that the product was produced within the United States except for minimal quantities of foreign
steel and iron valued at $ (actual value). Furnish each such certification to the Engineer prior to
incorporating the material into the project. When FHWA allows the use of foreign steel on a project,
furnish invoices to document the cost of such material, and obtain the Engineer's written approval prior to
incorporating the material into the project.
Byrd Anti-Lobbying Amendment (31 U.S.C. 1352): Contractors who apply or bid for an award of
$100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and
has not used Federal appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, officer or employee of Congress,
or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any
other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non-Federal funds
that takes place in connection with obtaining any Federal award. Such disclosures are forwarded up from
tier-to-tier-to recipient.
FCP-2
ITB 20-7442,p. 19 of 55
EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS
Civil Rights Compliance: The Contractor, in accordance with the Title VI of the Civil Rights Act of 1964,
78 Stat. 252, 42 U.S.C. 200d to 200d-7 and Title 49, Code of Federal Regulations, Department of
Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally- assisted
programs of the Department of Transportation issued pursuant to such Act, Collier County hereby notifies
all Contractors that it will affirmatively insure that in any contract entered into pursuant to this
advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full
opportunity to submit bids in response to this invitation and will not be discriminated against on the
grounds of race, color, religion, national origin, marital status, sex, age, disability in consideration for an
award.
DBE Participation: The overall goal for the Florida Department of Transportation's (FDOT)
Disadvantaged Business Enterprise (DBE) program for FHWA assisted contracts is established on a
triennial basis. The overall goal for federal fiscal years 22015 — 2017 has been set at 10.65% race-
neutral utilizing the methodologies described in 49 CRF Part 26. This means that the State's goal is to
spend at least 10.65% of the federal aid highway dollars with Certified DBE's as prime firms or as sub-
Contractors/sub-Contractors. Race-neutrality means that the Department has demonstrated that the
10.65% overall goal can be achieved through the normal competitive procurement process without using
DBE contract goals.
The County encourages DBE firms to compete for County professional services projects, and also
encourages non-DBE Contractors to use DBE firms as sub-Contractors. However, use of DBE sub-
Contractors is not mandatory and no preference points will be given in the selection process for DBE
participation.
The CONTRACTOR, sub recipient or sub-Contractor shall not discriminate on the basis of race, color,
national origin or sex in the performance of this Contract. The CONTRACTOR shall carry our applicable
requirements of 49 CFR Part 26 in the award and administration of DOT — assisted contracts. Failure of
the CONTRACTOR to carry out these requirements is a material breach of this Contract, which may result
in the termination of this Contract or such other remedy as the COUNTY deems appropriate.
Each subcontract the CONTRACTOR or its subs signs in regards to a federal aid project must include the
assurance in the above paragraph (see 49 CFR 26.13(b)). The CONTRACTOR and its sub-Contractors
agree to comply with all applicable federal implementing regulations and other implementing requirements
the Federal government may issue.
Debarment and Suspension (E.O.s 12549 and 12689): Contract awards that exceed the small purchase
threshold and certain other contract awards shall not be made to parties listed on the nonprocurement
portion of the General Services Administration's List of parties Excluded from Federal Procurement or
Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and Suspension."
This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and
Contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors
with awards that exceed the small purchase threshold shall provide the required certification regarding its
exclusion status and that of its principals. Vendors submitting proposals for this purchase must attest that
they, and their sub-Contractors and partners, are not excluded from receiving Federal contracts, certain
subcontracts, and certain Federal financial and nonfinancial assistance and benefits, pursuant to the
provisions of 31 U.S.C. 6101, note, E.O. 12549, E.O. 12689, 48 CFR 9.404, and each agency's
codification of the Common Rule for Nonprocurement suspension and debarment. Contractor's
debarment and suspension status will be validated at the System for Award Management at
www.sam.gov and the State of Florida at
https://www.dms.myflorida.com/business operations/state purchasing/vendor information
Energy Conservation Requirements: The Energy Conservation requirements are applicable to all
contracts and subcontracts. The Contractor shall comply with any mandatory standards and policies
relating to energy efficiency contained in the State Energy Conservation Plan issued in compliance with
the Energy Policy and Conservation Act(42 U.S.C. Section 6201).
FCP-3
ITB 20-7442,p.20 of 55
EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS
E-Verify: All Contractors, and their sub-Contractors, performing work or providing services shall utilize
the U.S. Department of Homeland Security's -Verify system to verify the employment eligibility of all new
employees hired during the contract term.
Foreign Contractor and Supplier Restriction: Proposal may not limit this project to domestic-owned
contractors only and may not include Florida orders on business with Syria, Cuba, Iran, Sudan and Israel.
Indian Preference on Federal-aid Projects (Labor& Employment):
Provision excluded from this contract.
Local Preference:
Provision excluded from this contract.
Non-Collusion Certification:
Collier County Bid See Exhibit 1.B.
Non Discrimination: All contracts shall contain a provision requiring compliance with Title VI of the Civil
Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant thereto, which provides that no
person in the United States shall on the grounds of race, color, or national origin, be excluded from
participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program
or activity for which the Recipient receives Federal financial assistance and will immediately take any
measures necessary to effectuate this assurance. If any real property or structure thereon is provided or
improved with the aid of Federal financial assistance extended to the Recipient, this assurance shall
obligate the Recipient, or in the case of any transfer of such property, any transferee, for the period during
which the real property or structure is used for a purpose for which the Federal financial assistance is
extended, or for another purpose involving the provision of similar services or benefits.
1. Equal Employment Opportunity: The following equal employment opportunity requirements
apply to the underlying contract:
a. Age: Under the Age Discrimination Act of 1975, as amended (42 U.S.C.: 6101-6107), the
Contractor agrees to refrain from discrimination against present and prospective employees
on the basis of age.
b. Race, Color, Creed, National Origin, Sex: Per Executive Order 11246 as amended by
Executive Orders 11375 and 12086, and the regulations issued pursuant thereto, the
Contractor agrees to refrain from discrimination against anyone on the basis of race, color,
religion, sex or national origin in all phases of employment during the performance of federal
or federally assisted construction contracts. The Contractor agrees to take affirmative action
to insure fair treatment in employment, upgrading, demotion, or transfer and in such actions
as recruitment or recruitment advertising; layoff/termination, rates of pay or other forms of
compensation; and election for training and apprenticeship.
c. Disabilities: The Contractor agrees that it will comply with the Americans With Disabilities
Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.), where applicable, which prohibits
discrimination by public and private entities on the basis of disability in the areas of
employment, public accommodations, transportation, State and local government services,
and in telecommunications.
Patented/Proprietary Materials: The Owner certifies that neither patented nor proprietary material are
required or specifically named in the specifications to be used for this project.
Prohibition Against Convict Produced Materials: Source of Supply-Convict Labor (Federal-Aid
Contracts Only): Do not use materials that were produced after July 1, 1991, by convict labor for
Federal-aid highway construction projects unless the prison facility has been producing convict-made
materials for Federal-aid highway construction projects before July 1, 1987.
FCP-4
ITB 20-7442,p.21 of 55
CAO
0
EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS
Use materials that were produced prior to July 2, 1991, by convicts on Federal-aid highway construction
projects free from the restrictions placed on the use of these materials by 23 U.S.C. 114. The Department
will limit the use of materials produced by convict labor for use in Federal-aid highway construction
projects to:
a. Materials produced by convicts on parole, supervised release, or probation from a prison; or b.
Materials produced in a qualified prison facility.
The amount of such materials produced for Federal-aid highway construction during any 12-month period
shall not exceed the amount produced in such facility for use in such construction during the 12-month
period ending July 1, 1987.
Prohibited Interests: "No member, officer, or employee of the County or of the locality during his tenure
or for 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof."
1. Each subcontract the CONTRACTOR or its subs signs in regards to this Contract must include the
assurance in the above paragraph. Interest of Members of Congress: No member of or delegate to the
Congress of the United States shall be admitted to any share or part of this contract or to any benefit
arising there from.
2. Interest of Public Officials: No member, officer, or employee of the public body or of a local public
body during his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract
or the proceeds thereof. For purposes of this provision, public body shall include municipalities and other
political subdivisions of States; and public corporations, boards, and commissions established under the
laws of any State. Agreement is a violation of the Federal Law. Accordingly, United States Code, Title 18,
Section 1020, is hereby incorporated by reference and made a part of this Agreement.
3. It is understood and agreed that if the Contractor at any time learns that the certification it provided
the County in compliance with 49 CFR, Section 26.51, was erroneous when submitted or has become
erroneous by reason of changed circumstances, the Contractor shall provide immediate written notice to
the County. It is further agreed that the clause titled "Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" as set forth in 49 CFR, Section
29.510, shall be included by the Contractor in all lower tier covered transactions and in all aforementioned
federal regulation.
4. The County hereby certifies that neither the Contractor nor the Contractor's representative has been
required by the County directly or indirectly as an express or implied condition in connection with obtaining
or carrying out this contract, to: Employ or retain, or agree to employ or retain, any firm or person; or,
5. Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or
consideration of any kind. The Contractor hereby certifies that it has not:
a. Employed or retained for a commission, percentage, brokerage, contingent fee, or other
consideration, any firm or person (other than a bona fide employee working solely for me or the
above contractor)to solicit or secure this contract;
b. Agreed, as an express or implied condition for obtaining this contract, to employ or retain the
services of any firm or person in connection with carrying out this contract; or
c. Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee
working solely for me or the above contractor) any fee contribution, donation, or consideration of
any kind for, or in connection with, procuring or carrying out the contract.
The Contractor further acknowledges that this agreement will be furnished to the County and a federal
agency in connection with this contract involving participation of Federal- Aid funds, and is subject to
applicable State and Federal Laws, both criminal and civil.
FCP-5
ITB 20-7442,p.22 of 55
S
EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS
The County further acknowledges that this agreement will be furnished to a federal agency, in connection
with this contract involving participation of Federal-Aid funds, and is subject to applicable State and
Federal Laws, both criminal and civil.
Public Entity Crimes Statement: In accordance with Florida Statutes Sec. 287.133(2)(a), A person or
affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime
may not submit a bid on a contract to provide goods/services to a public entity nor be awarded or perform
work as a contractor, supplier, subcontractor, or Contractor under a contract with any public entity, and
may not transact business with any public entity in excess of the threshold amount provided in Section
287.017, for Category Tow, for a period of 36 months from the date of being placed on the convicted
vendor list.
State/Local Owned/Furnished/Designated Materials: Provisions are excluded from this contract. All
materials required for this project shall be furnished by the contractor. Projects located on the National
Highway System shall require FHWA approval for direct purchase of materials.
State Produced Materials (Florida or other):
Provision is excluded from this contract.
Warranty:
See General Terms and Conditions—(09) Contract Times and Extensions, Collier County Bid, page 18.
Contractor shall obtain and assign to Owner all express warranties given to Contractor or any
subcontractors by any subcontractor or materialmen supplying materials, equipment or fixtures to be
incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished
under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of
good quality, free from all defects and in conformance with the Contract Documents. Contractor further
warrants to Owner that all materials and equipment furnished under the Contract Documents shall be
applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions
of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in
the Contract Documents.
REGULATIONS PER LOCAL AGENCY PROGRAM AGREEMENT
Clean Air and Federal Water Pollution Control Acts: (Reference: 2 CFR § 200 Appendix II (G))
Contracts and subgrants of amounts in excess of $150,000 shall contain a provision that requires the
Contractor or recipient to comply with all applicable standards, orders, or requirements issued pursuant to
the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33
U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office
of the Environmental Protection Agency(EPA).
Discriminatory Vendors List: In accordance with Section 287.134, Florida Statutes, an entity or affiliate
who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real property to
a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with any public entity.
Inspector General Cooperation: The Parties agree to comply with Section 20.055(5), Florida Statutes,
for the inspector general to have access to any records, data and other information deemed necessary to
carry out his or her duties and incorporate into all subcontracts the obligation to comply with Section
20.055(5), Florida Statutes.
FCP-6
ITB 20-7442,p.23 of 55
�r ..
EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS
Indemnification: To the fullest extent permitted by law, the Agency's contractor shall indemnify and hold
harmless the Agency, the State of Florida, Department of Transportation, and its officers and employees,
from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the
extent caused by the negligence, recklessness or intentional wrongful misconduct of the contractor and
persons employed or utilized by the contractor in the performance of this Contract."
This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is
intended to nor shall it constitute a waiver of the State of Florida and the Agency's sovereign immunity.
To the fullest extent permitted by law, the Agency's consultant shall indemnify and hold harmless the
Agency, the State of Florida, Department of Transportation, and its officers and employees, from
liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the
extent caused by the negligence, recklessness or intentional wrongful misconduct of the consultant and
persons employed or utilized by the consultant in the performance of this Contract.
This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is
intended to nor shall it constitute a waiver of the State of Florida and the Agency's sovereign immunity.
Procurement of Recovered Materials: (Reference 2 CFR § 200.322) Contractor and subcontractor
agree to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part 247. In the performance of
this contract and to the extent practicable, the Contractor and subcontractors are to use of products
containing the highest percentage of recovered materials for items designated by the Environmental
Protection Agency (EPA) under 40 CFR Part 247 whenever:
a) The contract requires procurement of$10,000 or more of a designated item during the fiscal year;
or, b) The contractor has procured $10,000 or more of a designated item using Federal funding
during the previous fiscal year.
The list of EPA-designated items is available at: https://www.epa.gov/smm/comprehensive-
procureme nt-gu ideline-cpg-progra m
Section 6002(c) establishes exceptions to the preference for recovery of EPA-designated products if the
contractor can demonstrate the item is:
a) Not reasonably available within a timeframe providing for compliance with the contract
performance schedule;
b) Fails to meet reasonable contract performance requirements; or
c) Is only available at an unreasonable price.
Suspension: An entity or affiliate who has had its Certificate of Qualification (if applicable) suspended,
revoked, denied or have further been determined by the Department to be a non-responsible contractor
may not submit a bid or perform work for the construction or repair of a public building or public work on a
contract with the County.
Title VI Requirements
The Sub-recipient or Contractor, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252,
42 U.S.C. 200d to 200d-7 and Title 49, Code of Federal Regulations, Department of Transportation,
Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the
Department of Transportation issued pursuant to such Act, Collier County hereby notifies all bidders that
it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged
business enterprises as defined at 49 CFR Part 26 will be afforded full opportunity to submit bids in
response to this invitation and will not be discriminated against on the grounds of race, color, national
origin, sex, age, disability in consideration for an award.
During the performance of this Contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the "Contractor") agrees to the following:
FCP-7
ITB 20-7442,p.24 of 55
EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS
1. Compliance with Regulations: The Contractor shall comply with the Regulations on
nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation
("USDOT") Title 49, Code of Federal Regulations, Part 21. The recommendations may be
amended from time to time, (from here on referred to as the Regulations). They are incorporated
here by reference and made a part of this contract.
2. Nondiscrimination: In work performed during the contract, the Contractor shall not discriminate
on the grounds of race, color, or national origin in the selection and retention of subcontractors.
This includes obtaining materials and leases of equipment. The Contractor shall not participate
either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations.
This includes employment practices when the contract covers a program set forth in Appendix B
of the Regulations.
3. Solicitation for Subcontractors, Including Procurements of Materials and Equipment: In all
solicitations made by the Contractor, either by competitive bidding or negotiation for work to be
performed under a subcontract, including procurements of materials or leases of equipment;
each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's
obligations under this contract and the Regulations relative to nondiscrimination on the basis of
race, color, national origin, sex, age, disability, religion or family status.
4. Information and Reports: The Contractor shall provide all information and reports required by
the Regulations or directives. He/she shall also permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined by Collier County and the
Florida Department of Transportation, the Federal Highway Administration, Federal Transit
Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety
Administration to be pertinent to ascertain compliance with such Regulations, orders and
instructions. Where any information required of a Contractor is in the exclusive possession of
another who fails or refuses to furnish this information the Contractor shall so certify to the
Florida Department of Transportation, the Federal Highway Administration, Federal Transit
Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety
Administration as appropriate, and shall set forth what efforts it has made to obtain the
information.
5. Sanctions for Noncompliance: In the event that the contractor does not comply with the
nondiscrimination provisions of this contract, Collier County will impose contract sanctions as it or
the Federal Highway Administration, Federal Transit Administration, Federal Aviation
Administration, and/or the Federal Motor Carrier Safety Administration may determine to be
appropriate. Sanctions may include, but are not limited to:
a. withholding of payments to the Contractor under the contract until the Contractor
complies; and/or,
b. cancellation, termination or suspension of the contract in whole, or in part.
6. Incorporation of Provisions: The contractor shall include the terms of paragraphs (1) through
(6) in every subcontract, including procurements of materials and leases of equipment, unless
exempt by the Regulations, or directives issued modifying the Provisions. The contractor shall
take action on any subcontract or procurement that Collier County or the Florida Department of
Transportation, the County or the Federal Highway Administration, Federal Transit
Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety
Administration directs in order to enforce provisions including sanctions for non-compliance. In
the event a Contractor becomes involved in, or is threatened with, litigation with a sub-contractor
or supplier as a result of such direction, the Contractor may request the Florida Department of
Transportation to enter into such litigation to protect the interests of the Florida Department of
Transportation, and, in addition, the Contractor may request the United States to enter into such
litigation to protect the interests of the United States.
FCP-8
ITB 20-7442,p.25 of 55
EXH. 1.B GRANT CERTIFICATIONS AND ASSURANCES
GRANT CERTIFICATIONS AND ASSURANCES
THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS BY
DEADLINE TO BE CONSIDERED RESPONSIVE
1. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
2. Certification for Disclosure of Lobbying Activities on Federal-Aid Contracts (FDOT
Form 375-030-33)
3. Disclosure of Lobbying Activities (F DOT Form 375-030-34)
4. Anticipated DBE, M/WBE or VETERAN Participation Statement
5. Bid Opportunity List for Commodities, Contractual Services, or Professional
Consultant Services
6. Buy America Certification
7. Conflict of Interest
8. Non-Collusion Declaration (FDOT Form 575-060-013)
9. Acknowledgement of Grant Terms and Conditions
GCA-1
ITB 20-7442,p.26 of 55
Collier County Solicitation 20-7742
GRANT |F|CAT|UNSAND ASSURANCES
COLLIER COUNTY
Certification Regarding Debarment, Suspension, and Other Responsibility Matters
Primary Covered T cti n�
�
(1) The prospective primary participant corfifiesho the best of its knowledge and belief,that h and its principals:
(a) Are not presently debared, nusponded, proposed for debannent, doden»d innUgible, or voluntarily
excluded from covered transactions by any Federal department oraganry�
(b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment
rendered against them for commission of fraud or o criminal offense in connection with nhtaininQ,
attempting to ubtain, or performing a public (Fadnre|. State or local) transaction o, contract under a
public transaction: violation of Federal or State antitrust statutes or commission of embezzlement, thefL
forgery, bribery, falsification or destruction of recordu, making false statements, or receiving stolen
property,
(o) Are not presently indicted for or otherwise criminally or civilly charged b governmental entity(Federal,
State or local)with commission of any of the offenses enumerated in paragraph (1)(b)of this certification;
and
(d) Have not within e three-year period preceding this applicationiproposal had one or more public
transactions(Fedee{. State or local)terminated for cause ordefault.
(2) Where the prospective imory participant is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this proposal.
Michael R. Day Pan Tilt&Zoom Cameras
-
Nome Project Name
President 20'7742
Title Project Number
Cummi Technologies, Inc. 58-2038877
F|nn Tax|D Number
04'790'6060
DUNS Number
2778G. Financial Court Sanford. FL 32773
S ate` Zip
Signature—
noA-z
/Tazo-r4*2.o,urv/nm
412112020912Am n'+»
Collier County Solicitation 20-7742
sIATE OF FLORID^OEPA,meNTO�TRANSPORTATION 37w30-33
CERTIFICATION FORDISCLOSUREOF LOBBYING ACTIVITIES PROCUREMENT
ON FEDERAL-AID CONTRACTS ,mo,
(Compliance with 4GCFR, Section 20.100 (b))
The prospective participant certifies, by signing this certification,that to the best of his or her knowledge
and belief:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to
any person for influencing or attempting to influence an officer or employee of any federal agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any federal contract,the making of any federal grant,the making of any
federal loan, the entering into of any cooperative agreernent.and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(3) If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and
Submit Standard Form-LILL, "Disclosure of Lobbying Activities", in accordance with its instructions,
(Standard Form-LLL can be obtained from the Florida Department of Transportation's Professional
Services Administrator or Procurement Of5co.)
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 13S2. Title 31. US. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for
each such failure,
The prospective participant also agrees by submitting his or her proposal that he or she shall require that
the language of this certification be included in all lower tier subcontracts,which exceed$100,000 and
that all such aubrecipientu shall certify and disclose accordingly.
Name o/Consultant: Cnnhn|Techno|ogiem.}no.
By, Michael R, Day Date:
Authorized Signature'.
�-_-�
TNe� pronidom
ocXo
nao*7^*u.o�uooros
4/21120209:12Am p,"^
Collier County Solicitation 20-7742
STATE OF FLORIDA.DEF'ARTNIENT or TRANSPORTATION 375-030,34
DISCLOSURE OF LOBBYING ACTIVITIES PNOCUREMF4T
02V6
Is this form applicable to your firm?
YESO NO in
It no,then please complete section 4
below for"Prime'
„ .
1.Type of Federal Action: 2.Status of Federal Action: 3. Report Type:
a. contract a. bid/offer/application a. initial filing
b. grant b. initial award b. material change
c. cooperative agreement c.post-award For Material Change Only:
d. loan Year: Quarter:
e. loan guarantee Date of last report:
f. loan insurance (mm/dd/yyyy)
4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is a Subawardee, Enter Name and
2 Prime LI Subawardee Address of Prime:
Tier , if known:
Control Technologies, Inc.
2T/6 S. f-inancial Court
7..-ahforf,FL 32773
Congressional District, if known:4c Con ressional District.rf known:
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number,if applicable:
8. Federal Action Number, if known: 9.Award Amount,if known:
10. a. Name and Address of Lobbying Registrant b.Individuals Performing Services(including address if
(if individual, last name, first name, MI): different from No. 10a)
(last name, first name, MI):
11. Information requested through this form is authorized by title 31
U,S,C.section 1352,This disclosure of lobbying activities is a Signature:
material representation of fact upon which reliance was placed •
by the tier above when this transaction was made or entered
into.This disclosure is required pursuant to 31 U.S.C.1352. Print Name: Michael R. Day
This information will be available for public inspection.Any
person who fails to tie the required disclosure shall be subject. Title: President
to a civil penalty of not less than$10,000 and not more than
$100,000 for each such failure.
Telephone No.: 407-330-2800 Date(mm/dd/yyyy):05 ecila.:a0
Authorized for Local Reproduction
Federal Use Only: _ Standard Form LLL(Rev.7-97)
%20-7442,p.29 of 55
4121/2020 9:12 AM GCA-4 p.45
375-030-34
PROCUREMENT
04/14
Page 2 of 2
INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the
initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C.
section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete
all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by
the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the
outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the
information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last
previously submitted report by this reporting entity for this covered Federal action.
4. Enter the fullname, address, city, State and zip code of the reporting entity. Include Congressional District, if
known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime
or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier.
Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.
5. If the organization filing the report in item 4 checks"Subawardee,"then enter the full name, address, city, State
and zip code of the prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational
level below agency name, if known. For example, Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full
Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan
commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g.,
Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract,
grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include
prefixes, e.g., "RFP-DE-90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter
the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying
Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal
action.
(b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a).
Enter Last Name, First Name, and Middle Initial (MI).
11. The certifying official shall sign and date the form, print his/her name, title, and telephone number.
According to the Paperwork Reduction Act,as amended,no persons are required to respond to a collection of information unless it displays a
valid OMB Control Number.The valid OMB control number for this information collection is OMB No.0348-0046.Public reporting burden for this
collection of information is estimated to average 10 minutes per response,including time for reviewing instructions,searching existing data sources,
gathering and maintaining the data needed,and completing and reviewing the collection of information.Send comments regarding the burden
estimate or any other aspect of this collection of information,including suggestions for reducing this burden,to the Office of Management and
Budget,Paperwork Reduction Project(0348-0046),Washington,DC 20503.
ITB 20-7442,p.30 of 55
GCA-5
Collier County Solicitation 20-7742
EXH, 1.8 GRANT CERTIFICATIONS AND ASSURANCES
COLLIER COUNTY
ANTICIPATED DISADVANTAGED,MINORITY,WOMEN OR VETERAN PARTICIPATION STATEMENT
tars: tl be vs n=e . U=:er'a:a Sta:U<as req.;re:-e PR MC a ei*her prc.dew re.,: te Ten or pro'<+de 34W.ce o,cu'ten-anon that'.a sda'.•
A. PRIME VENDOR/CONTRACTOR INFORMATION
P«Ir,,E%AMT. ;,4EPE. r'.L'i+,t:E
Control Technologies, Inc. 59-2038877
rraE>s".1=:.'.'; .3WTsE3£ .;r-E;srr t :rues,. .., ;Jo'YI.C:CATF.LC--
N`t.ZP.T a°,wOME€9r'..ESSV.TEP;E% ^y
C^E•!•tE} FiEi Ot=-I z'?LLB At.T4CLED
3J ESC LLL CPT! CAT'01.PPOt P-1!°AlALL IELLNES FACET {$ Ca•; L-ATOr
TorTQW' ASE$;CE:t ae Lt:?.E"C?s't' +ty SEs Y - CTrEPr a ..
r=5:r supply only
t?:, '41..ha ?a
E: IC PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY,WOMEN-OWNED,SMALL
BUSINESS CONCERT, OR SERVICE DISABLED VETERAN,PRIME IS TO COMPLETE THIS NEXT SECTION
BE '.'.:'%ivse... SUBtt3NTRACTOROPSUPPLIER TYPE OF I.NORP. EratN:'CITYCODE SUBiSCPPLIER PERKS. TOP CONTRACT
VE-E44% NAME SPECr«LT/ ;Sea Beiri'rrl DOLLAR ahM)U'.- DOLLARS
C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR
NAh'ECFS EMITTER DATE 'C'LEOCSUBWTTER
Michael R. Day President
Eh.AIL ADDRESS OP PP1ME!WE MITE TELEPHONE.'LIVER PAY tdUMEER
mike@cttrafc.com 407-330-2800 407-330-2804
-h:in°c raz o-is,:saa TO-racy zoct-sport ant f peed CSBE ."CC Z31it,paticn t,fete ai,•u^cars co-rafts ^e attic;,rtet_EE or
Ff 6'E'ansou...is ao ss7w."*ad 0.11 nor be?'crne:art the cant- -tua ce-rns. -Tas y,.n•-is:Re,41:I3.tte-a.:r.,e c' :,:a::Peto a
to;cia-.on f and .T;",P.aided a:cU'E,c>nr,•a't,the::rr^+a,'.--.1 be as'4d to.;plate T a sn.rtmatic 'or th.e gra':cc Taz ranee es.
VITITRCTFY CODE
55acC.Ama^roan �t
ar a Arencan va
'ubC ^t. :3':r-a•tt3n ,..
Ls'.ai•Pa.:is r^A',Gan ARA
Rtle,V,nc it:'F'.°omen iPsaty
Othe'_mot of.anT aria-,arcjpitied 0
D.SECTION TO BE COMPLETED 8Y COLLIER COUNTY
C,C,,TFACT*ri3<P;Po,*C.P:O GPA'.T PP ttG CARt .�';TE:,i'
.ACCEPTED BY; OATS
ITB 20-7442 p.31 of 55 GCA•ti
4121 T2020 9:12 AM p.47
Collier County Solicitation 20-7742
BID OPPORTUNITY LIST FOR COMMODITIES,CONTRACTUAL SERVICES OR
PROFESSIONAL CONSULTANT SERVICES
It is the policy of Collier County that disadvantaged businesses and minority vendors,as defined in the Code of Federal Regulations;CFRR)or
Florida Statutes(FS),must have the op orrant to ortici ate on contracts with ederal and/or state rant assistance.
Prime Contractor/Prime Consultant: Control Technologies,Inc.
Address and Phone Number: 2776 5.Financial Court Sanford,FL 32773
Procurement Number/Advertisement Number 20-7742
The list below it intended to be a listing of firms that are,or attempting to.participate on the project numbered above. The list must
include the firm bidding or quoting as prime,as well as subs and suppliers quoting for participation. Prime contractors and consultants must
provide information for Numbers 1,2,3,and 4;and,should provide any information they have for Numbers 5,6,7,and 8. This form must
be submitted with the bid package.
1., Federal Tax ID Number: 59-2036877 6. �� DBE 8, Annual Gross Receipts
2. Firm Name: Control Technologies,Inc. :4 Non-DBE Less than$1 million
+3. Phone Number: 407-330-2800 Between$1-5 million
4. Address Between 5 5-10 million
2776 S.Financial Court 7 Subcontractor Between$10.15 million
Sanford,ft. 327/3 Subconsultant Y More than$15 million
5. Year Firm Established: 1980
—
1. Federal Tax ID Number. 6. DBE 8. Annual Gross Receipts
2. Firm Name: Non-DBE `Less than$1 million
3. Phone Number, Between$1-5 million
4, Address Between$5-10 million
~7.El Subcontractor _Between$10-15 million
Subconsultant More than$15 million
—.
S. Year Firm Established:
1. Federal Tax ID Number: 6.--� DBE 8. Annual Gross Receipts
_
2. Firm Name: Non-DBE ^:Less than$1 million
........
3. Phone Number: Between$1 5 million
—
4. Address Between$5-10 million
7.r Subcontractor _Between 5 10-15 million
CSubconsultant ^More than$15 million
5. Year Firm Established:
1.. Federal Tax ID Number: Ei DBE 8, Annual Gross Receipts
7.. Firm Narne; Non-DBE Less than$1 million
—.
3. Phone Number: Between$1-5 million
_~4, Address Between$5-10 million
—i
7. Subcontractor _Between S 10.15 minion
Subconsultant ..... More than$15 million
S. Year Firm Established:
ITB 20-7442,p 32 of 55
GCA-7
4121/2020 9:12 AM P.48
Collier County Solimtatim20-7742
EXH� 1,B GRANT CERTF|�ATON�AND ASSURANCES
_ ________
—-----------------
Federal High Administration (FHWA)
Buy America Certification
Steel,Iron u,Manufactured ponducts
This project will bo utilizing federal funds which requires compliance with Buy America through oo/Uficadon,
Please complete only ONE cd the following choices below,
�
L�Certificate wf Compliance with ByvAmerica
I certify that all materials used on this project will meet the requirements of 23 CFR 635.410 Buy America and
any amendments thereto. Any waivers to this requirement that have be 'approved by the FHVVA are attached
&o this certification.
U
Datec���iZLo Signature
�
Company Name Control Technologies, Inc.
Title President
LJCertificate of Compliance with Buy America (Minimal uoe@
|certify that o minimal amount of foreign steel and iron materials will he used on this project, The cost o/ouch
materials does not exceed one-tenth of one percent(0.1 percent)of the total contract cost or$2,500,
whichever iogreater. All other materials used on this project will meet tile requirements of 23 CFR 635,410
Buy America and any amendments thereto. Any waivers to this requirement that have been approved bythe
FHVVA are attached to this certification,
Date Signature
Company Name
Title
LJCertificate mf Non-Compliance with Buy America
The bidder or offeror hereby certifies that it cannot comply with the requirements of 23 U.&C. 813 and the
applicable regulations in 23 C.F.R Port635.41D, but b may qualify for on exception pursuant 23 U,O.C, 818
and the applicable regulations in23C.F�R. Part 035.41D.
Date Signature
Company Name '
Title
neoo'r*4z.vnmoo
ocA-m
4o1/2ozoa:1uAM, p'19
Collier County Solicitation 20-7742
EXH. 1,8 GRANT CERTIFICATIONS AND ASSURANCES
COLLIER COUNTY
Conflict of Interest Certification
20-7742
Collier County Solicitation No.
t, Michael R. Day , hereby certify that to the best of my knowledge, neither I
nor my spouse, dependent child, general partner, or any organization for which I am serving as an officer,
director,trustee, general partner or employee, or any person or organization with whom I am negotiating or have
an arrangement concerning prospective employment has a financial interest in this matter.
I further certify to the best of my knowledge that this matter will not affect the financial interests of any member
of my household. Also, to the best of my knowledge, no member of my household; no relative with whom I have
a close relationship; no one with whom my spouse, parent or dependent child has or seeks employment; and no
organization with which I am seeking a business relationship nor which I now serve actively or have served
within the last year are parties or represent a party to the matter,
I also acknowledge my responsibility to disclose the acquisition of any financial or personal interest as described
above that would be affected by the matter, and to disclose any intere ;f, or anyone noted above, has in any
person or organization that does become involved in, or is affe tett later date by,the conduct of this matter.
Michael R. Day
Name Signature
President O1�{P I
Position Date _...._._.�
Privacy Act Statement
Title I of the Ethics in Government Act of 1976 (5 U.S.C. App.). Executive Order 12674 and 5 CFR Part 2634, Subpart I
require the reporting of this information. The primary use of the information on this form is for review by officials of The
Justice Department to determine compliance with applicable federal conflict of interest laws and regulations. Additional
disclosures of the information on this report may be made; (1) to a federal, state or local law enforcement agency if the
Justice Department becomes aware of a violation or potential violation of law or regulations; (2)to a court or party in a court
or federal administrative proceeding if the government is a party or in order to comply with a judge-issued subpoena;(3)to a
source when necessary to obtain information relevant to a conflict of interest investigation or decision; (4) to the National
Archives and Records Administration or the General Services Administration in records management inspections; (5)to the
Office of Management and Budget during legislative coordination on private relief legislation; and (6) in response to a
request for discovery or for the appearance of a witness in a judicial or administrative proceeding, if the information is
relevant to the subject matter,This confidential certification will not be disclosed to any requesting person unless authorized
by law. See also the OGEGOVT-2 executive branch-wide Privacy Act system of records.
ITB 20-7442.p.34 of 55
4/21/2020 9.12 AM GCA-9 P.5
0
ii AO
Collier County nolicummncD-/r42
STATE op FLORIDA csp^pTwsNTm^TRANSPORTATION %1
�d��N~CK�LLUSI��NQECL�tR��T|��N �kMD poy,u,�*
COMPLIANCE WITH 49 CIFR § 39 ~^""'w`
|TE*VSEGK0ENT NO..'
F,A.P, NO.: _.....
__
MANAGING DISTRICT:
PARCEL NO.:
COUNTY OF:
BID LETTING OF� 20' 742
|' Michael R. Day hereby declare that| am
(NAME)
President of Control,Technologies, Inc.
ITInE) (FIRM)
oy__3nnford. Florida
(CITY AND STATE)
and that I am the person responsible within my firm for the final decision as to the price(s)and amount of this Bid on this
State Project.
| further declare that:
1� The phcess)and amount o/this bid have been arrived at independently, without consultation,
communication or agreement,for the purpose of restricting competition with any other contractor, bidder or potential
bidder.
2. Neither the price(s) nor the amount of this bid have been disclosed to any other firm or person who is a
bidder spotential bidder on this project, and will not be so disclosed prior tn the bid opening.
3, No attempt has been made or wrill be rnade to solicit, cause or induce any other firm or person to refrain from
bidding on this project, or0o submit a bid higher than the bid nf this finn` cx any intentionally high o,non-competitive bid m
other form of complementary bid.
4� The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or
inducement from, any firm o,person to submit complementary bid.
S, Myfinn has not offered ur entered into a subcontract uv agreement regarding the purchase cf materials u/
services from onyfirm urposon. ur offered, pmminedur paid cash uran�h1ngnfxa�etn any 5rmor person,whether in
connection mvm this o,any other project, in consideration bran agreement orpromise by any finn or person to refrain
from bidding cx\n submit a complementary bid on this project.
6, k8yfinn has not accepted or been promised any subcontract or agreement regarding the sale uY materials wr
services tu any firm or person, and has not been promised n,paid cash or anything of value by any finnorperson,
whether in connection with this or any other pnoject, in consideration for my 8/m'n submitting p complementary tid,or
agreeing tudoso, un this project,
7. 1 have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities
relating to the pepunakon, approval or submission of my fion's bid on this project and have been advised by each of them
that heo,she has not participated in any communication, conoukedon, discussion. agreement,collusion, act or other
conduct inconsistent with any of the statements and spexantg|onu made in this Declaration.
8, Aa required bySection 337.165. Florida Statutes,the firm has fully informed the Department of
Transportation in writing of all convictions of the firm, its affiliates (as defined in Section 337,165(l)(a), Florida Statutes),
and all directors,officers, and employees uf the firm and its affiliates for violation nf state cv federal antitrust laws with
respect to a public contract or for violation of any state or federal law involving fraud, bribery. collusion, conspiracy or
material misrepresentation with respect Voa public contract. This includes disclosure nf the names nf current employees
of the firm or affiliates who were convicted of contract crimes while in the employ of another company,
ITum-7442.o35m55
4o1120e09:/2Am onA-`o m �
GO i
Collier County oommmwozo-7mz
MGHT OF WAY
m"pa=,m�
9. |certify that, except aa noted below, neither myfinn nor any person associated therewith in the capacity of
o*mer, partnmr, dimctor, offiop,, prinnipa|, inve$iga0or, project director. manoge,, audhor, and/or position involving the
administration of Federal nundo�
(a) is presently debarred, suspended, proposed for debarment, declared ineligible. or voluntarily excluded
from covered transactions, as defined in 49 CFR §29.1 10(a), by any Federal department or agency;
(b) has within a three-year period preceding this certification been convicted of or had a civil judgment
rendered against him or her for: commission of fraud ora criminal offense m connection with obtaining,
attempting tn obtain, or performing a Federal, State m local government transaction or public contract;
violation of Federal or State antitrust statutes; or commission of embezzlement,theft,forgery, bribery,
falsification or destruction of records, making false statements or receiving stolen property�
(o) is presently indicted for or otherwise criminally or civilly charged by a Federal, State or local
governmental entity with commission of any of the offenses enumerated in paragraph 9(h)ofthis
certification',and
(d) has within a three-year period preceding this certification had one or more Federal, State or local
government public transactions terminated for cause ordefault.
10. I(We), certify that l(We). shall not knowingly enter into any transaction with any subcontractor, material
supplier, or vendor who is debarred, suspended,declared ineligible, or voluntarily excluded from participation in this
contract hy any Federal Agency unless authorized hy the Department.
Where I am unable to declare or certify as to any of the statements contained in the above stated paragraphs
numbered (1)through(10), 1 have provided an explanation in the"Exceptions"portion below or by attached separate
sheet.
EXCEPTIONS:
(Any exception listed above will not necessarily result in denial of award, but will be considered in determining
bidder responsibility, For any oxcnpUon noted, indicate to whom b applies, initiating agency and dates of agency action.
Providing false information may result in criminal prosecution and/or administrative sanctions,)
|declare under penalty of perjury that the foregoing is true and correct,
CONTRACTOR (Seal)
K4im '-
u' '-- '' �~' ' —~ WITNESS
E TITLE PRINTED
C���A
BY VVITNEOS
SIGNATURE
Executed on this ,��c'�^ day of .
FAILURE nO FULLY COMPLETE AND EXECUTE TH8DOCUMfNT
«�4y RESULT 8v THE BID BEING DECLARED NONRESPONSIVE
ne20-7442.n36m515
575-060-13
RIGHT OF WAY
05/01
Page 3 of 3
REQUIRED CONTRACT PROVISIONS
This certification applies to subcontractors, material suppliers, vendors and other lower tier participants.
-Appendix B of 49 CFR Part 29—
Appendix B—Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered
Transactions
Instructions for Certification
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set
out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered. If it is later determined that the prospective lower tier participant knowingly rendered an
erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with
which this transaction originated may pursue available remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this
proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when
submitted or has become erroneous by reason of changed circumstances.
4. The terms"covered transaction," "debarred,""suspended," "ineligible,""lower tier covered transaction,"
"participant,""person,""primary covered transaction," "principal,""proposal," and "voluntarily excluded," as used in this
clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549.
You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that it shall not knowingly enter into
any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded
from participation in this covered transaction, unless authorized by the department or agency with which this transaction
originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause
titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered
Transaction,"without modification, in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction,
unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it
determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in
order to render in good faith the certification required by this clause. The knowledge and information of a participant is not
required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or
voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal
Government, the department or agency with which this transaction originated may pursue available remedies, including
suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions
(1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals
is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntary excluded from participation in
this transaction by any Federal department or agency.
(2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this proposal.
ITB 20-7442,p.37 of 55
GCA-12
Collier mwnw oolicnatuvzn-7r 2
EXH. 1 B_ GRANT CERTIFICATIONS.AND ASSURANCES
COLLIER COUNTY
Acknowledgement mfTmrmm. Conditions and ��rent��Vammmm
Flow Down of Terms and Conditions from the Grant Agreement
Subcontracts: If the vendor subcontracts any of the work required under this Agneement, a copy of the
signed subcontract must be available to the Department for review and approval, The vendor agrees to
include in the subcontract that (1) the subcontractor /s bound by the terms of this Agreement, (ii) the
subcontractor is bound by all applicable state and federal |evms and regulations, and <iii> the subcontractor
shall hold the Department and Recipient harmless against all claims o/ whatever nature arising out of the
subcontractor's performance of work under this Agreement, to the extent allowed and required by |aox The
recipient shall document /n the quarterly report the subcontractor's progress in performing its work under
this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as
to whether the subcontractor is a minority vendor as defined in Section 288.703 Fla. Stat.
Certification
On behalf ofmy firm. | aoknow/|eUge, and agree to perform all of the mpodfioadnnm and grant requirements
identified in this unUcitatinndocumen1(s).
Vendur/Cmntnacto/Nama Control Technologies, Inc. Date
Authorized Signature
Address 2776G. Financial Court Smnhu,d, F1 32773
Solicitation/Contract# 20'7742
WpSx3
/1'1320'7442.p 38orou
Client#: 1400041 131 CONTRTEC
ACORD.., CERTIFICATE OF LIABILITY INSURANCE DATE iMM/DD/YYYY)
20
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATEHOLDER.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
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or 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 any rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
McGriff Insurance Services NAME:
..PHONE..-___.�_
,.(A/c,No,Eat):407 691-9600 FAX — --..-
PO Box 4927 E-MAIL -.------_.----- I(A/C,Noy: 888-635-4183
rland 32802-4927 ADDRESS:
407O o, FL rl 6 do, 0 INSURER(S)AFFORDING COVERAGE NAIC 8
'----- INSURER A:Massachusetts Bay Ins.Co. 22306
INSURED --
INSURER B:Hanover Insurance Company 22292
Control Technologies Inc
2776 S Financial Court INSURERC:Phoenix Insurance Company 25623
Sanford,FL 32773 INSURER D:Allmerica Financial Benefits 41840
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: 20/21 Mstr BAI/BWOS REVISION NUMBER:
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.
INSR ADDLSUBR -- --
LTR TYPE OF INSURANCE POLICY EFF PO ICYY ) LIMITS
JNSR WVD POLICY NUMBER (M lf3Y YY) iMM
A X COMMERCIAL GENERAL LIABILITY X ZDJD62348202 07/01/2020.07/01/20211 EACH OCCURRENCE S1000000
___ CLAIMS-MADE X OCCUR pqM A�E 7O RENTED ----"_L.__....�___--___._____
PREMISEM^darrence) 51,000,000
MED EXP(Any one person) S 1 0 000
PERSONAL&ADV INJURY S 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER'
POLICY I I JECT J LOC GENERAL AGGREGATE S2,000,000
PRODUCTS-COMP/OP AGG S 2,000,000
OTHER: -------
S
D AUTOMOBILE LIABILITY X AWJD62387302 07/01/2020 07/01/2021 COMBINEDSINGLE LIMIT
X ANY AUTO (Ea accident)_.._ $1,000,000
OWNED BODILY INJURY(Per person) S
AUTOS ONLY SCHEDULED
HIRED — AUTOS BODILY INJURY(Per accident) S
AUTOS ONLY AUTOS ONE Y
PROPERTY DAMAGE S(Per accident)
B v UMBRELLA LIAR )( OCCUR F S
UHJD62348702 07/01/2020 07/01/2021 EACH OCCURRENCE S10,000,000 EXCESS LIAR ._._..
— CLAIMS-MADE AGGREGATE S10 000 000
DED XXX]RETENTION SO -- '— ---
C !WORKERS COMPENSATION ---- -"" -""--------- S
AND EMPLOYERS'LIABILITY X UB8J80803A2013E 01/01/2020 01/01/2021 X STATUTE I ERH i ANY PROPRIETOR/PARTNER/EXECUTIVE Y
ELELEACH ACCIDENT s500,000
CFF
OFFICERIMEMBER EXCLUDED? N NIA
(Mandatory In NH)
Yes,describe under E L.DISEASE-EA EMPLOYEE s500,000
DESCRIPTION OF OPERATIONS below
E.L.DISEASE-POLICY LIMIT $500,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
RE: For any and all work performed on behalf of Collier County. Additional Insured status is granted with
respect to General Liability and is primary and non-contributory if required by written contract per
endorsement'Commercial General Liability Broadening Endorsement'Form#421-2915(06/15).Additional Insured
status is granted and is primary and non-contributory with respect to Auto Liability if required by written
contract per endorsement'Blanket Additional Insured-Primary and Non-Contributory'Form#461-0478(12/12).
Umbrella is Follow Form.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Collier County Board of County
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Commissioners ACCORDANCE WITH THE POLICY PROVISIONS.
3295 Tamiami Trail East
Naples,FL 34112-4901 AUTHORIZED REPRESENTATIVE
O 1988-2015 ACORD CORPORATION.All rights reserved.
ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD
#S26328424/M26115424
PSBE