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Backup Documents 10/13/2020 Item #16A20 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP A TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 A 2 U THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Risk Risk Management 10113/2.0 2. County Attorney Office County Attorney Office ,sue 1c )J 4. BCC Office Board of County n Commissioners / 6' �[ 4. Minutes and Records Clerk of Court's Office PVT 1,0-t,.a 5 Lap 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Jessica Suarez/PURCHASING Contact Information 239-252-8407 Contact/ Department Agenda Date Item was October 13th,2020 Agenda Item Number 16.A.20 Approved by the BCC Type of Document AGREEMENT Number of Original 1 Attached Documents Attached PO number or account N/A 20-7742 CONTROL number if document is CONTROL TECHNOLOGIES, to be recorded TECHNOLOGIES, INC INC INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JS signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JS document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JS signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 10/13/2020 and all changes made during N/A is not the meeting have been incorporated in the attached document. The Count _ . A1. r-. option for Attorney's Office has reviewed the changes, if applicable. Q ;a!)v"L�1, line. 9. Initials of attorneyverifying that the attached document is the version a rove: :•`- fY• g Pp � NA is not BCC,all changes directed by the BCC have been made,and the document is ready for, .e�- i , : 4. an option for Chairman's signature. U I this line. Risk Management 16A2LI FIXED TERM SERVICE AGREEMENT # 20-7742 for PAN TILT ZOOM (PTZ) CAMERAS THIS AGREEMENT, made and entered into on this i2 day of VC &Q.c 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 • upon the date of Board approval or I I 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. ) additional 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 (REP), • Invitation to Bid (ITB) I I 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. I■I The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 17 Fixed Term Service Agreement#2017-002(Ver.1) Chf A u 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 is-authorized. II • 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 business practice, 1111 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. Page 2 of 17 Fixed Term Service Agreement#2017-002(Ver.l) 4-4 (check if applicable) Travel and Reimbursable Expenses must be approved in advance in writing by the County. Travel Mileage $0.11.5 per mile Breakfast $6-00 Lunch $4-1.00 Dinner $4.9441 Airfare Actual ticket cost limited to tourist or coach class fare Rental car Actual rental cost limited to compact or standard size vehicles Lodging Actual cost of lodging at single occupancy rate with a cap of no more than $150.00 per night ling Actual cost of parking Taxi or Airport Limousine Actual cost of eithcr taxi or airport limousine • items will be paid only after Contractor has provided all receipts. Contractor shall be 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: Page 3 of 17 Fixed Term Service Agreement#2017-002(Ver.1) FAO I 6A20 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. Page 4 of 17 Fixed Term Service Agreement#2017-002(Ver.1) ICAO 16A2U 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. I■1 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. I Business Awe Liability; Leverage shall have ire limits of $ Per Occurrence, Combined Single Limit for Bodily Injury Liability and Vehicles and Employee Non Ownership. C. n 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. ID- 7 Rrofessioraa this insurance. Such insurance shall have limits of not less than $ each claim and aggregate. € Cyber Liability: Coverage shall have minimum limits of$ per claim. : Coverage shall have minimum limits of$ per e4ai Page 5 of 17 Fixed Term Service Agreement#2017-002(Ver.1) 16A 2 U 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. Page 6 of 17 Fixed Term Service Agreement#2017-002(Ver.I) 16A2 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, n RFP/ I■I ITB/n Other #20-7742 , including Exhibits, Attachments and Addenda/Addendum, n subsequent quotes, and • 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: Page 7 of 17 Fixed Term Service Agreement#2017-002(Ver.1) ,�M 16A20 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. Page 8 of 17 Fixed Term Service Agreement 142017-002(Ver.1) I 6 A 2 U 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 CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, 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. Ilk 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, Page 9 of 17 Fixed Term Service Agreement#2017-002(Ver.1) S 1 6A20 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. 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. Page 10 of 17 Fixed Term Service Agreement#2017-002(Ver.1) 6A2U 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. this project shall be knowledgeable in their areas of cxperticc. 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 the services on a timely basis, and each person personnel. n 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. Page 11 of 17 Fixed Term Service Agreement#2017-002(Ver.]) 16A2U 35. n of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, take precedence. ICI 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. Page 12 of 17 Fixed Term Service Agreement#2017-002(Ver.1) 7c. 16A2U 38. n Collier County Government has authorized the Occupational Safety and Health Safety Engineer (Intentionally left blank-signature page to follow) Page 13 of 17 Fixed Term Service Agreement#2017-002(Ver.1) CV) I 6 A2U 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 - f.#Bu ..Ae-e•ita.4—' L. Saunders , Chairman Dated: (sEasstaso al P patursr only. Control Technologies, Inc. Contrac s Witnesses: Contractor .\.... i.ts II 1111frA By: Contractor's First Wit ess Signature ii v...7, `r1 TType/print signature and title' TType/print witness namejT 1 QXU .&\LI ,t(L Contractor's Second Witness ( ftCQ ‘)T uyil TType/print witness nameT A ved a to Fo and egality: -lac tli�- oun Att ey �.f-fL ' a. Print Na e item# Agenda Date t Date tCrke Reed De,,,a. C7iiic 1 Page 14 of 17 Fixed Term Service Agreement#2017-002(Ver.I) 4 V 16A2U Exhibit A Scope of Services • following this page (containing 2 pages) ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Agreement#2017-002(Ver.1) I 6 A 2 U 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/programmanagement/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 g_>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 bid, 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 I6A20 • 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_mipsisa32r2e1.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 16A2 U Exhibit B Fee Schedule following this page (containing I pages) Page 16 of 17 Fixed Term Service Agreement#2017-002(Ver.1) 16A2 u C " ,_ C - W 'C Q > CE. C 3 >C 3 ECi a- ©° 'o a >' o C 3 Q Lam' >, a) A t cd g a a°)i p a 'ti .n u o r-- W — a•et _ .� a v 0.rn y o COa� a) E N f > ) w ° a ) oc •- 0 , > o w cd > • a oaz -oca� roioNov „ v z O on s 'b U -o>' : • ' -0 cd a o C.) Wo C ‘. w D0=, ° cd C E = >, a) V] 0.. '� .fl E.-. ' r bU y 0„ (NI N = Ua cd O y ' u M . C —_, Qo UU , X yt ,, b -o .b > o ., ° • o cvl C a W 7cn .Nc : c00 cl Y 19i -v CO o7 u aUU '' C%O Z' :^ 'a- a) y 'C E'n a N id Cl) 3 0 04 ydH = E • E UbOy o ; S , o 5 a w , c ' a 3elo 0tn o :n b ' et a 0 C , Ns r; o CO a.) Cr. I CO CO 4.' ° W ▪ d ' a i .n • o a1 C�o . a a.) ,Da� "N CO d3a .4 CI 4 a OS a3 Ct a.) V cd • U d 0 a) O O O 0 CO O vi 0 0 0 0 .o 0 ,o a, o U o N J Pr �' 0 bq ti m -- CO I ~ W N m = k = U U X CI) w u y w w w m IA al W — LL. E +-; U ---- 0:1 ce d P. ; E• N 00 O \c A w ces a, vs a z e3 a V U Q 7 N `d L.T. C� o os d E CZ ;? C� o a� � Hr 4.o = � o • � 0 � 3 Cr- 4. � '3 ems ¢ 3 aoo 4 CO 0Oo ..= N O. [V § Q O cCd MI . C 0 c C j 0 U °? U _ ai ' a) 00O aq x � � `^ g o. � t U o a I a E t. y • c o o'b a[i 3 IltgUU W , a. UU ` U W , .] W a s az E E 2 u ▪ h 0, 16Az u Other Exhibit/Attachment Description: Federal Contract Provisions ❑� following this page (containing 21 pages) I I this exhibit is not applicable Page 17 of 17 Fixed Term Service Agreement#2017-002(Ver.1) I 6 A 2 U 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-1 411) ITB 20-7442,p. 18 of 55 6A 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. 13521: 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 t 6 A 2 U 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 AaU 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 CA° � 6A2U 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 161A2U 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��.`y/ 6AaU 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- procurement-gu ideline-cpg-program 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 6A2U 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 6 A 2 u 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 (FDOT Form 375-030-34) 4. Anticipated DBE, M/VMBE 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 Collie(County Solicitation 2p742 U� o� V�' �� U EXH, iB ___________ GRANT |ONSAND ASGUF8\N{�� COLLIER COUNTY Certification Regarding Debarment, Suspension, and Other RemponmibilitwKAattmne | Covered ^ Primary K� dTransactions - — .......... --- (1) The prospective primary participant certifies to the best of its knowledge and belief,that it and its pHncipals: (o) Are not presently debmned, auapanded, proposed for debarmen*, declared ineUgibha, or voluntarily excluded from covered transactions by any Federal department oragency� (b) Have not within a three-year period preceding this proposal been convicted of or had u civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federo|. State or local) transaction or contract under public transaction: violation of Federal or State antitrust statutes o,commiosion of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, (c) Are not presently indicted for or otherwise criminally ur civilly charged bye governmentalenh (Federal, State or local)vAth commission of any of the offenses enumerated in paragraph(1)(b)of this certification-, and (d) Have not within o thee-year period preceding this opp|icadon/pnopoom| had one or more public transactions(Fndera|. State or local)terminated for cause ordefault. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation|n this proposal, Michae}R. Day Pan Tilt&Zoom Cameras Name Project Name President 20'7742 Title Project Number Control Technologies, Inc. 68-2038877 F/nn Tax}DNumber 04-790'6080 DUNS Number 2776Q, Financial Court Sanford, FL 32773 - Street A ok*. Zip �iqnature_N nCA-2 /Taz*,**o.narornm 412112020912 Am n,m o� u� � �� o0 ]� �� Collier County Solicitation 20-7742 STATE OFFI.CRIo^DEPARTMENT O�`RAwSPo ,ATION 375�030-33 CERTIFICATION FORDISCLOSURE OF LOBBYING �CT|V|T�E� ��»pc10101 �* ON FEDERAL-AID CONTRACTS (Compliance wAth49CFR, Section 20.100(b)) The prospective participant nertifies, by signing this certifioadon,that to the best of his or her knowledge and belief: (1) No federal appropriated funds have been paid nr will be paid, hynrnnbehalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, onmfica,or employee of Congress, ormn employee cfa Member uf Congress in connection with the awarding of any federal contract,the making of any federal grant,the making of any federal han, the entering into of any cooperative agreement.and the nxtennvon,uondnua§on, enewa|, amnndment, or modification nf any federal contract, grant, |oan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any 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, gram. |oan, or cooperative agreement, the undersigned ohmi|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 Office) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352. Title 31. US. Code. Any person who fails\nfile the required certification shall be subject to a civil penalty of not less than $10,000 and not rnore 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 oubreoipients shall certify and disclose accordingly. Name u/Consultant: Con trdTochno|og1wn.|nc. By: Michael R. Day ~�^~- oa«a: �� Authohzod5ignature� TiUe: President --- ' GCA-3 11820-7442.*�28m5* +a1m02o9:12xw p,w 11GA2 w Collier County aolicitatiunmn742 STATE orr`n".sLIE,wwrMEwrm^,RAw ^onTAnuw 37&^J0 34 DISCLOSURE OF LOBBYING A CTIVITIES PROCUREMENT Is this fDnn applicable to your firm? YES [] NO�� If no,then please complete section* below fo,^pr.mn^ 1.Type of Federal Action: 2. Status of Federal Action: 3. Report Type: ! a. contract o. hid/offer/appUcahon a initial filing ' b, grant b. initial award h. material change o. cooperative agreement c, poot-owand For Material Change Only: d, /oan Year Ouartec___ ' c. loan guarantee Date uf last report: t loan insurance ___ __________ (mm/dd/yyyy) 4. Numeand Address mfRepu�ingEndty: 5, |f ReporbnDEn¢i1ymNo, 4ioaGubawaroee. Enter Name and LZ Prime [] 8ubawardee Address nf Prime: ___________ Tier ' ff known: Control Technologies, Inc, ------- 27/6 S. +monmal Court --- Sanford, FL 32773 � _ Congressional District, if known: Con . g. Federal DepmrtmenVA0ency: Federal Program mameDDeschption: - -- ----- ---- CFD8 Number. if applicable: _____ —i7feedeelActiom Numbor, if known: g.Award Amount,Jknown: ° . 10. m. Name and Address oY Lobbying Registrant b. Individuals Performing Services(including address; (ifhvdividua1, last name, first name, MD� o0feom/t from No, 10a) (18Stoama first ounm' M0: _ - 11. Information requested through this form is authorized»r title x1 k U.S.C.section 1352.This disclosurem lobbying activities is a Signature: \ « material representation of fact upon which reliance was placed ~'the tier above when this transaction was made~entered-- Print Michael Day/murmuu�uomme* �m z1us�.1xm --- This in formation will be available for public,inspection.Any person who falls w file the required J/nuoomn shall oesvbj �� Title, President mo civil penalty m not less than$1umm and not more than � $,mu000 for o,z»such ta/mre� Telephone No.: 407'830-2000 Date ` ^ '6*r ' x"mnriz fo r /n oouco� Federal Use _ s�ou�uro�� --,-97) ITe20-7442,p,29m55 *m/oou o,xmw oc*" p,^« 6 A2u 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 6A2 Collier County Solicitation 20-7742 EXH. 1.8 GRANT CERTIFICATIONS AND ASSURANCES ____ ......... COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY,WOMEN OR VETERAN PA RD(IPATION STATEMENT :1;tat4: ttiarhes requ re either ph,:.ate 3 re,r: Erztement oro. xu hlen:erron thft thinah,e A. PRIME VENDOR/CONTRACTOR INFORMATION P1111E :toy!fE 0 Ctrr13LF hir,:rtr,r Control Technologies, Inc. 59-2038877 ',•r-ERLN ; CA.°ror hEhh *4:111 f.*.TERR CBE; a C 4SEr OF-r.h.",,E, 4:40%,41.1.:4ED 5-1S hir;,"134.2EPTrPaT Orf POWr IALL ELE,1%1E:,C, M E 3 L TCA% AD'Ar, 14710.4 & t Ct tLL,r-VE,, 0:1 OTt-Erh 0 supply only n F iha.7.15E, B, IC PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY,WOMEN-OWNED,SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN,PRIME IS TO COMPLETE THIS NEXT SECTION DEE h-foNEE SUDCONTPAC C1k OR SUPPLIER TYPE.7!P ETHN1E1TY(Co.:4 SVbithriPPLIEFt FERCE\T OP CONTFt4C- : VE-ER.Ph,, SPECrALTv :544 84 Z4 It 0 r.i..4P DOLLARS • C. SECTION TO 3E COMPLETED BY PRIME VENDOR/CONTRACTOR NAME OF SUBVITTER. DATE h'ITLE or SUbMaTER Michael R. Day tD3 President ADORES5 or PpiNif(SUE WITTE R't TELEPHONE NUMeER RAP NUNISEP rnike@cttraffic.com 407-330-2800 407-330-2804 "h ..,sec to:rad, -ip:,17 art h,pre<1 rite Vbtn/icroeWn fie teral,,.."Lt^ZeZ to hthectsattic ptet ZEE or WS!ahrou it) nd tC'the corr'Etue hrps NS ,:rtn be ir.r:n ttec t '31,:onst r:rs p ho on f And uord 3 COU''ti nnt-i:t,the be.Psi,et to.-ozifte t'4 In',:rrniptr,:,'or the gra ht cc.11: irnte es VrONIVIV CODE AtV,11,14.1111 aA •r-re-1(311 %OA,.rh-meocan :ubcc*,t Zr-evrcan ;A:r. rt4,4:1•Paz!?ic=rheYrcan Non••-hrn,: nen N*.h Otleh:not o'aro Oc.pIrtei 0 D.SECTION TO BE COMPLETED BY COLLIER COUNTY r ft APP ot*0 A:C. OJ J.,:CEPTEO BY, Ch.LTE 1TB 20-7442:p 31 of 55 GCA.6 412-v2020 9:12 AM f),47 I SA 2 0 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,us defined in the Code of Federal Regiilo7ions(CFR)or Honda Statutes(FS),must hove the opportunity to participate on contracts with federal and/or state grant 9ry)c., 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 is 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 roust be submitted with the bid package, 1, Federal Tax ID Number: 59.2038872 6 OBE 8, Annual Gross Receipts 2, Firm Name: Control Technologies,Inc. X Non-DBE less than$1 million 3. Phone Number: 407-330-2800 Between$1-5 million 4, Address Between S 5-10 million 2776 S.Financial Court 7 Subcontractor Between$10-15 million Sanford:Ft 32/73 Subconsultant X More than 5 15 million 5. Year Firm Established: 1980 L Federal Tax ID Number: DBE 8, Annual Gross Receipts 2. Firm Name: Non-DBE III Less than$1 million 3. Phone Number: 11111 Between$1-5 million 4. Address . Between$5-10 million 7. Subcontractor :Between$10-15 million MOWN. 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 S 1-5 million 4. Address Between$5-10 million 7. Subcontractor Between$10-15 million Subconsultant More than$15 million 5. Year firm Established: L — — 1. Federal Tax ID Number: 6.E 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, Subcontractor Between$10-15 million Subconsultant More than$15 million 5. Year firm Established: ITS 20-7442,p 32 of 55 GCA-7 4/21/2020 5:12 AM p.48 ICAO 2 6 A 2 � Collier cvunly Solicitation uo-7r 2 EXK1— _____ GRANT CERT�/C�T|ONOAND ASSURANCES Federal Highway Administration (FHW4) Buy America Certification � Steel,Iron urMenufmo�urmdPr�du�� This project will be utilizing federal funds which requires compliance with Buy America through certification, Please complete only ONE of the following choices below, [IN Certificate of Compliance with Buy America |certify that all materials used on this project will meet the requirements of23CFRG35.410 Buy America and any amendments thereto, Any waivers tn this requirement that have been approved by the FHVVA are attached to this certification. ,��J �\ i ~� Da�� Signaturey�� Company Name Control . Inc, Title President L�Certificate ny Compliance with Buy America N0|nimaiUse) !oe�ih that a minimal amount o|hzeign�ee|and iron maoeha|o will be used on this project. The cost of such materials does not exceed one-tenth of one percent(0.1 percent)of the total contract cost nr$2.5D0. whichever ingreater, All other materials used on this project will meet the requirements of23CFR635410 Buy America and any amendments thereto. Any waivers Vm this requirement that have been approved bythe FHVVA are attached to this omrtifioation. 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. 313 and the applicable regulations in 23 Cf.R, Part 035.410, but it may qualify for on exception pursuant 23 U.S.C� 313 and the applicable regulations in23C,F�R. Part 035,41O, Date Oigmmu,o Company Name 7lUe no20-nwx.nomoo wx1� e ozou�� --�- 49 ��o� ��N�� Collier County nolicuwionm0-rnu EXH. 1�B GF��TCERT|RCATON8ANDA3SURANCEG COLLIER COUNTY Conflict ofImtammst Certification 2O-7742 Collier ;unty Solicitation No. i Michael R. Day . hereby certify that to the baur of my knowledge, neither | nor my »pouso, dependent child, general pertnor, or any organization /orwhich | 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. | further certify to the boo<of my knowledge that this matter will not affect the finundm| interests of any member of my household.Also, to the best nfmyknowledge, no member o[my household; no relative with whom ] have o close relationship; no one with whom my spouse, parent or dependent child has orseeks onmp|oyment and no organization with which | um seeking a business relationship nor which | 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 intere514, or anyone noted ahove, has in any person or organization that does become involved in, or is affe ted at4later date by,the conduct oY this matter, Michoe| R. Day an��----------------- Si�ne��------------ | President r—�,L��o��r~��CD Position Date -- -- Pn,`nv Act Statement Ti/le | of the Ethics /n Government Act of 1978 (5 U&C. App.). Exnovova Order 12674 and 5 CrR part 268*' Subpart | require the reporting of this }noonnehnn The primary use of the mknnnanon on this form is for review by mnciu|y of The Justice Department to determine v*n`ponnce with applicable feunnn| conflict of interest |vwm and regulations, Additional disclosures of the information on this report may be made: (1) to " /adera|, 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 govemment is a party or in order to comply with a judge-issuedovupnona�(o)uoa 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 tile Office of Management and Budget Uv,mO |oOis|odve coordination on private relief legislation, and (5) it) ,cmpunpr to a request for discovery o, on, the appearance of a wimnon in a ivd|oa| or administrative proceeding, if the .monnaunn is relevant to tile subject matter, This confidential certification will not be disclosed to any requesting peison unless authorized by law. See also the OGE/GOVT-2 executive branch-wide Privacy Act system of records 17620'7*42,o34v/5: 4121o0e0e12AM ec»-9 »sn | ��/ . 16 A 2 � Collier County Solicitationm-7742 STATE m FLORIDA DEPARTMENT'prRAwSPnTAnow ��",�m NON-COLLUSION DECLARATION AND emmorWAY COMPLIANCE WITH 48CFR§ 29 '*w*^m' |TEmVSEGK*ENTNO.. F,8.P. NO.: _________ MANAGING DISTRICT: PARCEL NO.: COUNTY OF: BID LETTING OF� 20-7742 ' |. /michaelR, Day hereby declare that| am (xmMs) President of Control Technn�giao. |no. (TITLE) ' (F/mm` o/ Sanford, 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 thot� 1� The prices(s)and amount of 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 or potential bidder on this project, and will not be so disclosed prior to the bid opening. 3, No attempt has been made or will be made to solicit, cause or induce any other firm or person to retrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non-competitive bid or 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 aoomp|ementarybid. S, My firm has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any firm or person, or offered, promised or paid cash or anything of value to any firm or person,whether in connection with this or any other project, in consideration for an agreement or promise by any firm or person to refrain from bidding ortnsubmit a complementary bid on this project. 6, Kxy firm has not accepted or been promised any subcontract oragreement regarding the sale oy materials wr services to any fionor person, and has not been promised or paid cash o,anything oy value by any firm orperson, whether in connection with this uvany other project, in consideration for myfirm'm submitting complementary b/d, or agreeing todoso,on this project. 7. 1 have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating 10 the preparation, approval uv submission ofmyfinn'o bid on this project and have been advised by each ofthem that he or she has not participated in any communication, consultation, discussion, agreement,collusion, act or other conduct inconsistent with any of the statements and representations made in this Declaration. 8, 8s required by Goo|un 337,166. Florida Statutes,the firm has fully informed the Department of Transportation in writing of all convictions of the firm, its affi|iateo(as defined in Section 337.1§5(|)(e)` Florida Statuteo). and all directors, officers, and employees of the firm and its affi|iaiasfor violation of state or 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 bna public contract, This includes disclosure of the names nf current employees of the firm uraffi|iates who were convicted of contract crimes while in the employ of another company, � no20-w42.nmw55 � +o1m0209:12mm Gn*-10 P,m | ��m� N� 6 2 � Collier County Solicitation 20-7142 ^a�60-,1 RIGHT m~WAY mm` n=zm3 g, / certify that, except aunoted below, neither my firm nor any person associated therewith in the capacity of ovwna/, partner, director, nfficer, pxindpa|, inveutigamr, project director, manoger, audi\o,,and/or position involving the administration o/Federal funds: (a) is presently debanad, nuupendnd, proposed for debarment, declared ineUgib|e, or voluntarily excluded from covered transactions, as defined in48CFR§29,11U(a). by any Federal department oragency; (b) has within e three-year period preceding this certification been convictedmf or had a civiljudgment rendered against him ur her for: commission o/fraud urm criminal offense in connection with obtaining, attempting toobtain, or performing o Fegona|. State nrlocal 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: (c) 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(b) of this certification', and (d) has within a three-year period preceding this certification had one or more Fpdem!. State or local government public transactions terminated for cause ordefault. 10. |0We>` nerlVy that|(VVe) shall not knowingly enter into any transaction with any subcontractor, material supplier, or vendor who is deburnwd, ouspendod,dpu|omd ine|igible, or voluntarily excluded from participation in this contract by any Federal Agency unless authorized by the Department. Where | am unable to declare or certify as to any of the statements contained in the above stated paragraphs numbered (1)through (110), 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 exception noted, indicate to whom it 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) Michael P id '' BY: ~~ ~' '~~ VVITNESG TITLE PR/wrso BY: VVITNES8!� _ SIGNATURE Executed cmthis day of FAILURE nO FULLY COMPLETE AND EXECUTE THIS DOCUMENT MA7 RESULT uVTHE BID BEING DECLARED NONRESPONSIVE /rae0-r**2 »o6o/os 6 A 2 U 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 ' GA u Collier County Solicitation 20-7742 GRANT CERTIFICATIONS AN©ASSURANCES COLLIER COUNTY Acknowledgement of Terms, Conditions and Grant Clauses Flow Down of Terms and Conditions from the Grant Agreement Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor's progress in performing its work under this agreement. For each subcontract, the Recipient 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 of my firm, I acknowledge, and agree to perform all of the specifications and grant requirements identified in this solicitation document(s). Vendor/Contractor Name Control Technologies, Inc. Date c, 4gC- 1° Authorized Signature Address 2776 S. Financial Court Sanford, Fl 32773 Solicitation/Contract# 20-7742 02/1S 83 'TB 20-7442.p. 38 of 55 4/21/2020 9:12 AM GCA•13 p.54 Client#: 1400041 131 CONTRTEC ACORD... CERTIFICATE OF LIABILITY INSURANCE DATE(MM/00/YYYY) 8/13/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED 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 1 PHONE FAX_ PO Box 4927 I(E-MAIL'o Ext):407 691-9600 (A/C No): 888-635-4183 Orlando, FL 32802-4927 ADDRESS: O rl 691-9600 INSURER G S)AFFORDING COVERAGE NAIC S 407INSURER A:Massachusetts Bay Ins.Co. 22306 INSURED INSURER 8 Hanover Insurance Company 22292 Control Technologies Inc - nc -- INSURER C:Phoenix Insurance Company 25623 2776 S Financial Court Allmerica Financial Benefits 41840 Sanford,FL 32773 INSURER D: 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. LTRR AODL SUB'• PM/0DYEFF POLICYYTY) TYPE OF INSURANCE , R yyyp POLICY NUMBER (MMlOO/YYYY) (MM/DD/Y1'VY) LIMITS A X COMMERCIAL GENERAL LIABILITY X ZDJD62348202 07/01/2020'07/01/2021 EACH OCCURRENCE $1 000 000 CLAIMS-MADE X OCCUR 1 MlIIial:EacE ante) $1,000,000 1 MED EXP(Any one person) $10,000 PERSONAL S ADV INJURY $1,000,000 GENt AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s 2,000,000 PRO- POLICY L_.I JEC7 LOC PRODUCTS-COMP/OP AGO S2,000,000 OTHER: $ D AUTOMOBILE LIABILITY X AWJD62387302 07/01/2020107/01/2021 (E°ea'"tl;°tSINGLELIMIT y,11,000,000 X ANY AUTO BODILY INJURY(Per person) S AUTOS ONLY ^ AUWNED TOSULED BODILY INJURY(Per accident) S HIRED NON-OWNED PROPERTY DAMAGE $ A OS ONLY _ AUTOS ONLY (Per accident) — B - X1 UMBRELLA LIAB X OCCUR UHJD62348702 07/01/2020 07/01/2021 EACH OCCURRENCE S10,000,900 EXCESST LIAB CLAIMS-MADE i AGGREGATE $1 O 00O 000 DED X1RETENTION _....> o , SO `+ WORKERS COMPENSATION X I UB8J80803A2013E 01/01/2020 01/01/2021 X STATUTE EOT RH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N I E.L.EACH ACCIDENT s500 000 OFFICER/MEMBER EXCLUDED/ N NIA -.1 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE S500 000 If yes,describe under --- DESCRIPTION OF OPERATIONS below — E.L.DISEASE-POLICY LIMIT s500,000 i DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached it 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 Collier County Board of County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 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 Cs4 Cltga3••f" 1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #526328424/M26115424 PSBE