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Agenda 12/08/2020 Item #16E 5 (Contract #20-7780 Fleet Vehicle & Equipment Services)12/08/2020 EXECUTIVE SUMMARY Recommendation to award Invitation to Bid (“ITB”) # 20-7780, “Fleet Vehicle and Equipment Maintenance and Repair Services,” to ETR, LLC., and Dobbs Equipment, LLC. OBJECTIVE: To furnish maintenance services and repair parts for County vehicles and equipment. CONSIDERATIONS: Collier County has a diverse assortment of vehicles and equipment that require maintenance and repair services, including parts and accessories that can only come from regional dealerships or specialty service companies. These services augment the Fleet Management Division in specialty areas that are beyond the scope or efficiencies of internal capabilities. On August 7, 2020, the Procurement Services Division released notice of ITB No. 20 -7780 to 22,846 vendors, 64 interested vendors viewed bid packages, and the County received two bids by the August 28, 2020 deadline. Staff found the two bidders, ETR, L.L.C. and Dobbs Equipment, LLC, responsive and responsible. Staff contacted both bidders to clarify the documents submitted, which were deemed minor irregularities. Labor rate pricing is consistent with local vendors for comparison. Because of the low response and the narrow capability range of the two respondents, a supplemental bid will be solicited to create a network of vendors that can provide the services, parts, and supplies needed to maintain the County’s vehicles and equipment. Vendors will be identified as primary, secondary and tertiary awardees, on a line item basis per manufacturer and/or category. Given the significant amount of funding coming from grant funds, staff determined a formal ITB was needed to maintain compliance with grantor agency requirements. This award will be for three -years with two additional one-year renewal options. FISCAL IMPACT: Funds for repair parts and maintenance services are budgeted in the Fleet Management Administration, Fund 521, operating budget. Historically, expenses for Fleet Vehicle and Equipment Maintenance Repair Services in the categories bid by the two respondents have been $80,000 annually. GROWTH MANAGEMENT IMPACT: No growth management impact will result from this action. LEGAL CONSIDERATION: This item is approved as to form and legality and requires majority vote for Board approval. -SAA RECOMMENDATION: To award Invitation to Bid No. 20-7780 “Fleet Vehicle and Equipment Maintenance and Repair Services” to ETR, L.L.C. and Dobbs Equipment, LLC and authorize the Chairman to sign the attached agreements. Prepared by: Dan Croft, Director, Fleet Management Division ATTACHMENT(S) 1. 20-7780 Invitation to Bid (PDF) 2. 20-7780 Bid Tabulation (PDF) 16.E.5 Packet Pg. 3239 12/08/2020 3. 20-7780 ETR_VendorSigned (PDF) 4. 20-7780 ETR_Insurance 11-4-20 (PDF) 5. [Linked] 20-7780 Bid Package ETR LLC (PDF) 6. 20-7780 DobbsEquipment_VendorSigned (PDF) 7. 20-7780 DobbsEquipment_Insurance 11-19-20 (PDF) 8. 20-7780 Bid Package Dobbs Equipment LLC (PDF) 9. 20-7780 NORA-Executed (PDF) 16.E.5 Packet Pg. 3240 12/08/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.E.5 Doc ID: 14293 Item Summary: Recommendation to award Invitation to Bid ("ITB") #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair Services,” to ETR, LLC., and Dobbs Equipment, LLC. Meeting Date: 12/08/2020 Prepared by: Title: Accounting Technician – Fleet Management Name: Salma Nader 11/23/2020 3:57 PM Submitted by: Title: Division Director - Fleet Management – Fleet Management Name: Dan Croft 11/23/2020 3:57 PM Approved By: Review: Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 11/24/2020 8:20 AM Procurement Services Cynthia McCanna Additional Reviewer Completed 11/24/2020 9:23 AM Procurement Services Sue Zimmerman Additional Reviewer Completed 11/24/2020 11:47 AM Administrative Services Department Paula Brethauer Level 1 Department Reviewer Completed 11/24/2020 12:55 PM Grants Erica Robinson Level 2 Grants Review Completed 11/24/2020 1:27 PM Administrative Services Department Len Price Level 2 Department Head Review Completed 11/24/2020 2:07 PM Grants Carrie Kurutz Additional Reviewer Completed 11/24/2020 2:26 PM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 11/25/2020 8:59 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/25/2020 9:06 AM Office of Management and Budget Laura Wells Additional Reviewer Completed 11/25/2020 9:10 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/25/2020 10:41 AM Grants Therese Stanley Additional Reviewer Completed 11/30/2020 12:18 PM County Manager's Office Sean Callahan Level 4 County Manager Review Completed 12/01/2020 9:48 AM Board of County Commissioners MaryJo Brock Meeting Pending 12/08/2020 9:00 AM 16.E.5 Packet Pg. 3241 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS INVITATION TO BID (ITB) FOR Fleet Vehicle and Equipment Maintenance and Repair Services SOLICITATION NO.: 20-7780 CYNTHIA MCCANNA, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-8992 cynthia.mccanna@colliercountyfl.gov (Email) This solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Bidder may be grounds for rejection of the bid, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. 16.E.5.a Packet Pg. 3242 Attachment: 20-7780 Invitation to Bid (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair Services”) SOLICITATION PUBLIC NOTICE INVITATION TO BID (ITB) NUMBER: 20-7780 PROJECT TITLE: Fleet Vehicle and Equipment Maintenance and Repair Services LOCATION: PROCUREMENT SERVICES DIVISION, CONFERENCE ROOM A, 3295 TAMIAMI TRAIL EAST, BLDG C-2, NAPLES, FLORIDA 34112 DUE DATE: August 28, 2020 3:00 PM PLACE OF BID OPENING: PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FL 34112 All bids shall be submitted online via the Collier County Procurement Services Division Online Bidding System: https://www.bidsync.com/bidsync-cas/ INTRODUCTION As requested by the Fleet Management Division (hereinafter, the “Division or Department”), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, “County”) has issued this Invitation to Bid (hereinafter, “ITB”) with the intent of obtaining bid submittals from interested and qualified vendors in accordance with the terms, conditions and specifications stated or attached. The vendor, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Procurement Ordinance. County department’s estimated budget for the lifetime of the contract is $180,000 this may not be indicative of future buying patterns. BACKGROUND Collier County has a diverse assortment of vehicles and equipment that on occasion require maintenance and repairs services, including providing parts and accessories that can only come from regional dealerships or specialty service companies. These services augment the Fleet Division maintenance personnel as there may be some specialty areas that are beyond the capabilities, scope, or efficiencies of the Fleet Management Division. Those services/repairs may include, but not be limited, labor, diagnostics, and purchases of repair parts/accessories and other items. On these occasions, prearranged service agreements are needed to expedite repairs and lessen equipment downtime. The purpose of this solicitation is to acquire agreements from select awardees to furnish the stated services/repairs and/or parts/accessories. TERM OF CONTRACT The contract term, if an award(s) is/are made is intended to be for three (3) years with two (2) one (1) year renewal options. Prices shall remain firm for the initial term of this contract. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. The County Manager, or designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. AWARD CRITERIA 16.E.5.a Packet Pg. 3243 Attachment: 20-7780 Invitation to Bid (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair Services”) ITB award criteria are as follows: • The County’s Procurement Services Division reserves the right to clarify a vendor’s submittal prior to the award of the solicitation. • For the purposes of determining the winning bidder, the County will select the vendor with the lowest labor rate as outline below: Category A: Lowest Labor Rate Category B: Lowest Labor Rate • Collier County reserves the right to select one, or more than one supplier, award on a line item basis, establish a pool for quoting, or other options that represents the best value to the County; however, it is the intent to: Identify Primary; Secondary and Tertiary Awardees, on a line by line basis per Category. • The County reserves the right to issue a formal contract or standard County Purchase Order for the award of this solicitation. • The Bid Schedule is not intended to be all inclusive. During the term of the contract, the County reserves the right to request bid(s) for additional manufactures. Additional bid(s) shall meet or exceed the same bid requirements stated in this solicitation. The County may purchase any necessary parts/accessories available from the awarded vendor’s product line. DETAILED SCOPE OF WORK The intent of this solicitation is to award multiple vendors so that it retains a multitude of Original Equipment Manufacturers (OEM) representatives to complete services and repairs, including parts and accessories, to its vehicle and fleet equipment, on an as needed basis. If there are multiple vendors who represent the same OEM, the County will select the vendor with the lowest labor rate, unless that vendor cannot complete repairs in the timeframe required by the County. Work will vary from minor to major mechanical work. Work Provisions may include: 1. Provide services and repairs, including parts and accessories according to the OEM specifications and to be completed in a quality manner. If an OEM equivalent part can be used and not affect current warranty terms, then the equivalent part may be approved by the Fleet Division in writing. 2. Provide for standard warranty of labor and/or parts/accessories purchased. 3. Provide all material, labor and equipment necessary in performing services in connection with repair and/or maintenance of County vehicles/equipment. 4. Provide an invoice which includes the following: a. Vehicle VIN number, County asset number and description; b. Purchase Order number; c. Number of labor hours and hourly rate and extended to the total labor cost for the service/repair; d. Manufacturers Suggested Retail Pricing (MSRP) cost for parts/accessories provided minus the discount and extended to the total materials cost. If the MSRP is not listed on the invoice, the vendor must identify a price list source for price comparisons. e. Mileage: If applicable, number of miles with rate for pick-up and/or delivery of disabled or repaired vehicle/equipment and the total number of miles and extended to the total cost of mileage. 5. The vendor shall provide secure storage of the County’s vehicles, heavy equipment and machinery sent for repair. Secure storage is defined as an area or areas that will prevent damage from acts of vandalism, criminal damage, theft, or weather. Bid Schedule Instructions: 1. Category A: A vehicle/equipment which is serviced at the vendors place of business. The labor rate is to be inclusive of all wages, overhead, profit, indirect costs, and miscellaneous shop supplies. State and Federal mandated fees i.e. pollution and environmental fees are allowed on certain parts and services and are considered passthrough charges. 2. Category B: “Road Call” a vehicle/equipment which is serviced at any location which is not at the vendors place of business, this may include any Collier County Property, Collier County job sites or at the location the vehicle/equipment is deemed disabled. The labor rate is to be inclusive of all wages, overhead, profit, indirect costs, miscellaneous shop supplies, fuel and travel expenses. State and Federal mandated fees i.e. pollution and environmental fees are allowed on certain parts and services and are considered passthrough charges 3. Discount on parts and/or accessories will be for billing purposes and will not be considered as part of the award. If a vendor has an existing contract with Collier County for parts and/or accessories, then the existing discounted rate will be honored for all items purchased during services/repairs under the resultant award, unless a higher discount rate is offered in ITB #20-7780. 4. Mileage is the price per mile for pick-up and/or delivery of vehicle and/or equipment. This is only for billing purposes and will not be considered as part of the award. 5. Additional Manufacturers: List any additional manufacturers and the pertaining rates at the bottom of the Bid Schedule. This is an indefinite quantity term contract with no guaranteed volume, minimum or maximum of quantity to be purchased. 16.E.5.a Packet Pg. 3244 Attachment: 20-7780 Invitation to Bid (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair Services”) VENDOR CHECKLIST ***Vendor should check off each of the following items as the necessary action is completed (please see, Vendor Check List)*** 16.E.5.a Packet Pg. 3245 Attachment: 20-7780 Invitation to Bid (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair Services”) Project Manager: Michael Burks 20-7780 Fleet Vehicle And Equipment Maintenance And Repair Services Notifications Sent: 22,846 Procurement: Cynthia McCanna Suppliers Viewed: 64 Opened: August 28, 2020 Submissions: 2 Witness: Lisa Owen No Bids: 3 Primary Award Color Code Line Manufactor Category A: Labor Rate Catergory B: Labor Rate Discount Mileage Dobbs Equipment LLC ETR, LLC Labor rate per hour for services performed at the vendors place of business. Rate is inclusive of all wages, overhead, profit, indirect costs, miscellaneous shop supplies, pollution fees, etc. Labor rate per hour "Road Call" is for services performed at any other locations EXCEPT the vendors place of business. Rate is inclusive of all wages, overhead, profit, indirect costs, miscellaneous shop supplies, pollution fees, fuel, travel expenses, etc. Discount on parts and/or accessories. This is only for billing purposes and will not be considered as part of the award. If a vendor has an existing contract with Collier County for parts/accessories, then the discounted rate will be honored for all items purchased during services/repairs under this contract. Mileage is the price per mile for pick-up and/or delivery of vehicle and/or equipment. This is only for billing purposes and will not be concerned as part of the award. AALADIN (pressure cleaners)$106.00 $110.00 10%$1.08 Primary ACC CLIMATE CONTROL (HVAC products)$106.00 $110.00 0%Primary ALCOA (wheel products)$106.00 $110.00 0%Primary AMERICAN LA FRANCE (truck parts)$106.00 $110.00 10%Primary BRAUN ABILITY (wheelchair lifts)$106.00 $110.00 10%Primary CODE 3 (emergency lighting)$106.00 $110.00 10%Primary COLEMAN RV AIR CONDITIONERS $106.00 $110.00 0%Primary DOMETIC (RV air conditioner)$106.00 $110.00 0%Primary FEDERAL SIGNAL CORPORATION (emergency lighting)$106.00 $110.00 10%Primary GROTE INDUSTRIES (lighting products)$106.00 $110.00 10%Primary HAVIS INC. (vehicle accessories)$106.00 $110.00 10%Primary HORTON (cooling system components)$106.00 $110.00 10%Primary INTERMOTIVE INC. (vehicle control systems)$106.00 $110.00 10%Primary JOHN DEERE (construction equipment)$131.00 $141.00 $3.50 Primary KUSSMAUL ELECTRONICS (lighting, electronics)$106.00 $110.00 10%Primary PRO-VISION (video systems)$106.00 $110.00 0%Primary RED DOT CORPORATION (HVAC products)$106.00 $110.00 0%Primary SAFETY VISION (video systems)$106.00 $110.00 10%Primary SIGNAL TECHNOLOGY (video systems)$106.00 $110.00 0%Primary TRUCK-LITE (truck lighting)$106.00 $110.00 0%Primary WELDON (lighting)$106.00 $110.00 10%Primary WHELEN ENGINEERING COMPANY (emergency lighting)$106.00 $110.00 10%Primary Additional Manufacturers: Labor Rate for Category A as stated above Labor Rate for Price for Category B as Stated Above Discount on Parts and/or Accessories as Stated Avove Mileage Rate for Pick-Up and/or Delivery as Stated Above Bomag $131.00 $141.00 $3.50 Primary AEV AMBULANCE $106.00 $110.00 10%Primary AKRON BRASS $106.00 $110.00 10%Primary AMDOOR (door and lighting)$106.00 $110.00 10%Primary BUELL MFG.$106.00 $110.00 10%Primary COMP X $106.00 $110.00 10%Primary CPI $106.00 $110.00 10%Primary DANHARD (HVAC system)$106.00 $110.00 10%Primary EVS (seats)$106.00 $110.00 10%Primary FERNO $106.00 $110.00 10%Primary FIRE COM $106.00 $110.00 10%Primary FIRE RESEARCH $106.00 $110.00 10%Primary FRONTLINE AMBULANCE $106.00 $110.00 10%Primary GROVER $106.00 $110.00 0%Primary HANNAY $106.00 $110.00 0%Primary HARRISON HYDRAULICS $106.00 $110.00 0%Primary HOSELINE (HVAC systems)$106.00 $110.00 10%Primary INTERTEK $106.00 $110.00 0%Primary KINEUIP (lighting)$106.00 $110.00 10%Primary PAC (tool mounts) $106.00 $110.00 0%Primary PHOENIX $106.00 $110.00 10%Primary PRO AIR (HVAC systems)$106.00 $110.00 10%Primary 16.E.5.b Packet Pg. 3246 Attachment: 20-7780 Bid Tabulation (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment REV PARTS $106.00 $110.00 10%Primary ROM CORP (doors)$106.00 $110.00 10%Primary ROSCO VISION SYSTEMS $106.00 $110.00 0%Primary SIERRA WIRELESS $106.00 $110.00 0%Primary SOUTHEAST POWER $106.00 $110.00 0%Primary STRYKER $106.00 $110.00 10%Primary TECHNIQ LIGHTING $106.00 $110.00 10%Primary VANNER $106.00 $110.00 10%Primary WHEELED COACH AMBULANCE $106.00 $110.00 10%Primary WISE (seats)$106.00 $110.00 10%Primary ZIAMATIC $106.00 $110.00 10%Primary ZONE DEFESE (camera systems)$106.00 $110.00 10%Primary Vendor Check List Yes Yes Bid Schedule Yes Yes Form 1 Vendor Declaration Statement Yes Yes Form 2 Conflict of Interest Certification Affidavit Yes Yes Form 3 Immigration Affidavit Certification Yes Yes Form 4 Vendor Submittal - Local Vendor Preference Certification N/A N/A Form 6 Grants Provisions & Assurances Package Yes*Yes* W-9 Yes Yes Vendors Insurance Requirements Yes Yes * Certificate of Liability Insurance Yes Yes E‐Verify Yes * Yes Sunbiz Division of Corporations Yes Yes *Deemed Minor Irregularities Document(s) Received 16.E.5.b Packet Pg. 3247 Attachment: 20-7780 Bid Tabulation (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment 16.E.5.cPacket Pg. 3248Attachment: 20-7780 ETR_VendorSigned (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair Services”) 16.E.5.cPacket Pg. 3249Attachment: 20-7780 ETR_VendorSigned (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair Services”) 16.E.5.cPacket Pg. 3250Attachment: 20-7780 ETR_VendorSigned (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair Services”) 16.E.5.cPacket Pg. 3251Attachment: 20-7780 ETR_VendorSigned (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair Services”) 16.E.5.cPacket Pg. 3252Attachment: 20-7780 ETR_VendorSigned (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair Services”) 16.E.5.cPacket Pg. 3253Attachment: 20-7780 ETR_VendorSigned (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair Services”) 16.E.5.cPacket Pg. 3254Attachment: 20-7780 ETR_VendorSigned (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair Services”) 16.E.5.cPacket Pg. 3255Attachment: 20-7780 ETR_VendorSigned (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair Services”) 16.E.5.cPacket Pg. 3256Attachment: 20-7780 ETR_VendorSigned (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair Services”) 16.E.5.cPacket Pg. 3257Attachment: 20-7780 ETR_VendorSigned (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair Services”) 16.E.5.cPacket Pg. 3258Attachment: 20-7780 ETR_VendorSigned (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair Services”) 16.E.5.cPacket Pg. 3259Attachment: 20-7780 ETR_VendorSigned (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair Services”) 16.E.5.cPacket Pg. 3260Attachment: 20-7780 ETR_VendorSigned (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair Services”) 16.E.5.cPacket Pg. 3261Attachment: 20-7780 ETR_VendorSigned (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair Services”) 16.E.5.cPacket Pg. 3262Attachment: 20-7780 ETR_VendorSigned (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair Services”) 16.E.5.cPacket Pg. 3263Attachment: 20-7780 ETR_VendorSigned (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair Services”) 16.E.5.cPacket Pg. 3264Attachment: 20-7780 ETR_VendorSigned (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair Services”) 16.E.5.cPacket Pg. 3265Attachment: 20-7780 ETR_VendorSigned (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair Services”) 16.E.5.cPacket Pg. 3266Attachment: 20-7780 ETR_VendorSigned (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair Services”) 16.E.5.cPacket Pg. 3267Attachment: 20-7780 ETR_VendorSigned (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and 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20-7780 ETR_Insurance 11-4-20 (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair Services”) 16.E.5.dPacket Pg. 3288Attachment: 20-7780 ETR_Insurance 11-4-20 (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair Services”) 16.E.5.dPacket Pg. 3289Attachment: 20-7780 ETR_Insurance 11-4-20 (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair Services”) 16.E.5.dPacket Pg. 3290Attachment: 20-7780 ETR_Insurance 11-4-20 (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair Services”) 16.E.5.dPacket Pg. 3291Attachment: 20-7780 ETR_Insurance 11-4-20 (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair Services”) 16.E.5.dPacket Pg. 3292Attachment: 20-7780 ETR_Insurance 11-4-20 (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair Services”) 16.E.5.dPacket Pg. 3293Attachment: 20-7780 ETR_Insurance 11-4-20 (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair Services”) 16.E.5.dPacket Pg. 3294Attachment: 20-7780 ETR_Insurance 11-4-20 (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair Services”) 16.E.5.dPacket Pg. 3295Attachment: 20-7780 ETR_Insurance 11-4-20 (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair Services”) 16.E.5.dPacket Pg. 3296Attachment: 20-7780 ETR_Insurance 11-4-20 (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair Services”) 16.E.5.dPacket Pg. 3297Attachment: 20-7780 ETR_Insurance 11-4-20 (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair Services”) 16.E.5.dPacket Pg. 3298Attachment: 20-7780 ETR_Insurance 11-4-20 (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair Services”) 16.E.5.fPacket Pg. 3299Attachment: 20-7780 DobbsEquipment_VendorSigned (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair 16.E.5.fPacket Pg. 3300Attachment: 20-7780 DobbsEquipment_VendorSigned (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair 16.E.5.fPacket Pg. 3301Attachment: 20-7780 DobbsEquipment_VendorSigned (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair 16.E.5.fPacket Pg. 3302Attachment: 20-7780 DobbsEquipment_VendorSigned (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair 16.E.5.fPacket Pg. 3303Attachment: 20-7780 DobbsEquipment_VendorSigned (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair 16.E.5.fPacket Pg. 3304Attachment: 20-7780 DobbsEquipment_VendorSigned (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair 16.E.5.fPacket Pg. 3305Attachment: 20-7780 DobbsEquipment_VendorSigned (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair 16.E.5.fPacket Pg. 3306Attachment: 20-7780 DobbsEquipment_VendorSigned (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair 16.E.5.fPacket Pg. 3307Attachment: 20-7780 DobbsEquipment_VendorSigned (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair 16.E.5.fPacket Pg. 3308Attachment: 20-7780 DobbsEquipment_VendorSigned (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair 16.E.5.fPacket Pg. 3309Attachment: 20-7780 DobbsEquipment_VendorSigned (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair 16.E.5.fPacket Pg. 3310Attachment: 20-7780 DobbsEquipment_VendorSigned (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair 16.E.5.fPacket Pg. 3311Attachment: 20-7780 DobbsEquipment_VendorSigned (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair 16.E.5.f Packet Pg. 3312 Attachment: 20-7780 DobbsEquipment_VendorSigned (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair 16.E.5.fPacket Pg. 3313Attachment: 20-7780 DobbsEquipment_VendorSigned (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair 16.E.5.fPacket Pg. 3314Attachment: 20-7780 DobbsEquipment_VendorSigned (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair 16.E.5.fPacket Pg. 3315Attachment: 20-7780 DobbsEquipment_VendorSigned (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair 16.E.5.fPacket Pg. 3316Attachment: 20-7780 DobbsEquipment_VendorSigned (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair 16.E.5.fPacket Pg. 3317Attachment: 20-7780 DobbsEquipment_VendorSigned (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair 16.E.5.fPacket Pg. 3318Attachment: 20-7780 DobbsEquipment_VendorSigned (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair 16.E.5.fPacket Pg. 3319Attachment: 20-7780 DobbsEquipment_VendorSigned (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair 16.E.5.fPacket Pg. 3320Attachment: 20-7780 DobbsEquipment_VendorSigned (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair 16.E.5.fPacket Pg. 3321Attachment: 20-7780 DobbsEquipment_VendorSigned (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair 16.E.5.fPacket Pg. 3322Attachment: 20-7780 DobbsEquipment_VendorSigned (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair 16.E.5.fPacket Pg. 3323Attachment: 20-7780 DobbsEquipment_VendorSigned (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair 16.E.5.fPacket Pg. 3324Attachment: 20-7780 DobbsEquipment_VendorSigned (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair 16.E.5.fPacket Pg. 3325Attachment: 20-7780 DobbsEquipment_VendorSigned (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair 16.E.5.fPacket Pg. 3326Attachment: 20-7780 DobbsEquipment_VendorSigned (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair 16.E.5.fPacket Pg. 3327Attachment: 20-7780 DobbsEquipment_VendorSigned (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair 16.E.5.fPacket Pg. 3328Attachment: 20-7780 DobbsEquipment_VendorSigned (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair 16.E.5.fPacket Pg. 3329Attachment: 20-7780 DobbsEquipment_VendorSigned (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair 16.E.5.fPacket Pg. 3330Attachment: 20-7780 DobbsEquipment_VendorSigned (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair 16.E.5.fPacket Pg. 3331Attachment: 20-7780 DobbsEquipment_VendorSigned (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair 16.E.5.fPacket Pg. 3332Attachment: 20-7780 DobbsEquipment_VendorSigned (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair INSR ADDLSUBRLTRINSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person) $ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS AUTOS ONLYHIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ PER OTH-STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE Charter Oak Fire Insurance Company Travelers Indemnity Company Travelers Property Cas. Co. of America 11/18/2020 EPIC Insurance Brokers & Consultants Global Services 350 Hudson Street - 4th Floor New York, NY 01014 Michael Feinstein, CPCU 212.488.0270 201.356.3422 michael.feinstein@epicbrokers.com Dobbs Equipment, LLC 2730 S. Falkenburg Rd Riverview, FL 33578 25615 25658 25674 AX X X Y 6600K023526 11/17/2020 11/17/2021 1,000,000 300,000 10,000 1,000,000 2,000,000 2,000,000 B X XX Y 8109M076134 11/17/2020 11/17/2021 1,000,000 C XX X 10,000 ZUP61M8812620 11/17/2020 11/17/2021 15,000,000 15,000,000 C N UB5P11578A 11/17/2020 11/17/2021 X 1,000,000 1,000,000 1,000,000 Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government, OR, Collier County included as an additional insured under the captioned Commercial General Liability and Automobile Liability Policies on a primary and non-contributory basis if and to the extent required by written contract. Coverage applies to all work performed under contract number 20-7780. Collier County Board of County Commissioners 3295 Tamiami Trail E Naples, FL 34112 1 of 1#S2475751/M2475232 DOBBEQUIClient#: 72094 NVER1 16.E.5.g Packet Pg. 3333 Attachment: 20-7780 DobbsEquipment_Insurance 11-19-20 (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair 16.E.5.h Packet Pg. 3334 Attachment: 20-7780 Bid Package Dobbs Equipment LLC (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair 16.E.5.h Packet Pg. 3335 Attachment: 20-7780 Bid Package Dobbs Equipment LLC (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair 16.E.5.h Packet Pg. 3336 Attachment: 20-7780 Bid Package Dobbs Equipment LLC (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair 16.E.5.h Packet Pg. 3337 Attachment: 20-7780 Bid Package Dobbs Equipment LLC (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair 16.E.5.h Packet Pg. 3338 Attachment: 20-7780 Bid Package Dobbs Equipment LLC (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair 16.E.5.h Packet Pg. 3339 Attachment: 20-7780 Bid Package Dobbs Equipment LLC (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair 16.E.5.h Packet Pg. 3340 Attachment: 20-7780 Bid Package Dobbs Equipment LLC (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair 16.E.5.h Packet Pg. 3341 Attachment: 20-7780 Bid Package Dobbs Equipment LLC (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair 16.E.5.h Packet Pg. 3342 Attachment: 20-7780 Bid Package Dobbs Equipment LLC (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair 16.E.5.h Packet Pg. 3343 Attachment: 20-7780 Bid Package Dobbs Equipment LLC (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair 16.E.5.h Packet Pg. 3344 Attachment: 20-7780 Bid Package Dobbs Equipment LLC (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair 16.E.5.h Packet Pg. 3345 Attachment: 20-7780 Bid Package Dobbs Equipment LLC (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair 16.E.5.h Packet Pg. 3346 Attachment: 20-7780 Bid Package Dobbs Equipment LLC (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair 16.E.5.h Packet Pg. 3347 Attachment: 20-7780 Bid Package Dobbs Equipment LLC (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair 16.E.5.h Packet Pg. 3348 Attachment: 20-7780 Bid Package Dobbs Equipment LLC (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair 16.E.5.h Packet Pg. 3349 Attachment: 20-7780 Bid Package Dobbs Equipment LLC (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair Notice of Recommended Award Solicitation: 20-7780 Title: Fleet Vehicle and Equipment Maintenance and Repair Services Due Date and Time: August 28, 2020 @ 3:00 PM Respondents: Company Name City County State Bid Amount Responsive/Responsible ETR, LLC Sanford Seminole FL See Tabulation Yes/Yes Dobbs Equipment, LLC Ft Myers Lee FL See Tabulation Yes/Yes Utilized Local Vendor Preference: Yes No Recommended Vendor(s) For Award: On August 7, 2020, the Procurement Services Division released Invitation to Bid 20-7780 to twenty-two thousand eight hundred forty-six (22,846) vendors for the “Fleet Vehicle and Equipment Maintenance and Repair Services” project. Sixty-four (64) bid packages were viewed, and the County received two (2) bids by the August 28, 2020 deadline. Staff found the two (2) respondents responsive and responsible, (ETR, LLC and Dobbs Equipment, LLC). Both respondents were contacted to clarify documents submitted and deemed a minor irregularity. Staff recommends this ITB be awarded to both ETR, LLC and Dobbs Equipment, LLC as primary vendors, on a line item basis, see attached tabulation. Contract Driven Purchase Order Driven Required Signatures Project Manager: Mike Burke Procurement Strategist: Cynthia McCanna Procurement Services Director: __________________________________ _________________ Sandra Herrera Date DocuSign Envelope ID: 0110CC7E-759C-4744-B83F-64872CCD71C7 9/21/2020 9/21/2020 9/21/2020 16.E.5.i Packet Pg. 3350 Attachment: 20-7780 NORA-Executed (14293 : Bid (ITB) #20-7780, “Fleet Vehicle and Equipment Maintenance and Repair Services”) nt Administrative Services Department Procurement Services Division Vendor Check List IMPORTANT: Please review carefully and submit with your ProposalBid. All applicable documents shall be submitted electronically through BidSync. Vendor should checkoff each of the following items: ® General Bid Instructions has been acknowledged and accepted. ® Collier County Purchase Order Terms and Conditions have been acknowledged and accepted. ® Fonn l :Vendor Declaration Statement ® Fonn 2: Conflict of Interest Certification ® Proof of status from Division of Corporations -Florida Department of State (If work performed in the State) - http://dos.myflorida.com/sunbiz/ should be attached with your submittal. ® Vendor MUST be enrolled in the E-Verify - https://www.e-verify.gov/ at the time of submission of the proposal/bid. ® Fonn 3: Immigration Affidavit Certification MUST be signed and attached with your submittal or you MAY be DEEMED NON -RESPONSIVE ® E-Verify Memorandum of Understanding or Company Profile page should be attached with your submittal. ® Forin 4: Certification for Claiming Status as a Local Business, if applicable, has been executed and returned. Collier or Lee County Business Tax Receipt should be attached with your submittal to be considered. ® Form 5: Reference Questionnaires form must be utilized for each requested reference and included with your submittal, id applicable to the solicitation. ®" Form 6: Grant Provisions and Assurances package in its entirety, if applicable, are executed and should be included with your submittal. All forms must be executed, or you MAY be DEEMED NON -RESPONSIVE. Vendor W-9 Form. ®— Vendor acknowledges Insurance Requirements and is prepared to produce the required insurance certificates) within five (5) days of the County's issuance of a Notice of Recommend Award. ® The Bid Schedule has been completed and attached with your submittal, applicable to bids. ® Copies of all requested licenses and/or certifications to complete the requirements of the project. ® All addenda have been signed and attached, or you MAY be DEEMED NON -RESPONSIVE. ® County's IT Technical Architecture Requirements has been acknowledged and accepted, if applicable. ® Any and all supplemental requirements and teens has been acknowledged and accepted, if applicable. Collier County r ,s Purchase Order Terms and Conditions 4as .4 , �Fa7Gf� w . RM A 1. Offer This offer is subject to cancellation by the COUNTY without notice if not accepted by VENDOR within fourteen (14) days of issuance. 2. Acceptance and Confirmation This Purchase Order (including all documents attached to or referenced herein) constitutes the entire agreement between the parties, unless otherwise specifically noted by the COUNTY on the face of this Purchase Order. Each delivery of goods and/or services received by the COUNTY from VENDOR shall be deemed to be upon the terms and conditions contained in this Purchase Order. No additional terms may be added and Purchase Order may not be changed except by written instrument executed by the COUNTY. VENDOR is deemed to be on notice that the COUNTY objects to any additional or different terms and conditions contained in any acknowledgment, invoice or other communication from VENDOR, notwithstanding the COUNTY'S acceptance or payment for any delivery of goods and/or services, or any similar act by VENDOR. 3. Inspection All goods and/or services delivered hereunder shall be received subject to the COUNTY'S inspection and approval and payment therefore shall not constitute acceptance. All payments are subject to adjustment for shortage or rejection. All defective or nonconforming goods will be returned pursuant to VENDOR'S instruction at VENDOR'S expense. To the extent that a purchase order requires a series of performances by VENDOR, the COUNTY prospectively reserves the right to cancel the entire remainder of the Purchase Order if goods and/or services provided early in the term of the Purchase Order are non -conforming or otherwise rejected by the COUNTY. 4. Shipping and Invoices a) All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided 'that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise specifically stated in this Purchase Order. Unless otherwise provided in Purchase Order, no invoices shall be issued nor payments made prior to delivery. Unless freight and other charges are itemized, any discount will be taken on the full amount of invoice. c) All shipments of goods scheduled on the same day via the same route must be consolidated. Each shipping container must be consecutively numbered and marked to show this Purchase Order number. The container and Purchase Order numbers must be indicated on bill of lading. Packing slips must show Purchase Order number and must be included on each package of less than container load (LCL) shipments and/or with each car load of equipment. The COUNTY reserves the right to refuse or return any shipment or equipment at VENDOR'S expense that is not marked with Purchase Order numbers. VENDOR agrees to declare to the carrier the value of any shipment made under this Purchase Order and the full invoice value of such shipment. d) All invoices must contain the Purchase Order number and any other specific information as identified on the Purchase Order. Discounts of prompt payment will be computed from the date of receipt of goods or from date of receipt of invoices, whichever is later. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act," and, pursuant to the Board of County Commissioners Purchasing Policy. 5. Time Is Of the Essence Time for delivery of goods or performance of services under this Purchase Order is of the essence. Failure of VENDOR to meet delivery schedules or deliver within a reasonable time, as interpreted by the COUNTY alone, shall entitle the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to reimburse the COUNTY for any expenses incurred in enforcing its rights. VENDOR further agrees that undiscovered delivery of nonconforming goods and/or services is not a waiver of the COUNTY'S right to insist upon further compliance with all specifications. G/ Operations/Document Approved by Attorney Reviewed 12/18/13, 5/5/10 6. Changes The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such change increase or decrease the cost of, or the time required for performance of the Purchase Order, an equitable adjustment in the price and/or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing, VENDOR has an affirmative obligation to give notice if the changes will decrease costs. Any claims for adjustment by VENDOR must be made within thirty (30) days from the date the change is ordered or within such additional period of time as may be agreed upon by the parties. 7. Warranties VENDOR expressly warrants that the goods and/or services covered by this Purchase Order will conform to the specifications, drawings, samples or other descriptions furnished or specified by the COUNTY, and will be of satisfactory material and quality production, free from defects and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. These warranties shall survive inspecti won, acceptance, passage of title and payment by the COUNTY. 8. Statutory Conformity Goods and services provided pursuant to this Purchase Order, and their production and transportation shall conform to all applicable laws, including but not limited to the Occupational Health and Safety Act, the Federal Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the Purchase Order, 9. Advertising No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has contracted with the COUNTY for goods and/or services, or appropriate or make use of the COUNTY's name or other identifying marks or property without the prior written consent of the COUNTY'S Purchasing Department. 10. Indemnification VENDOR shall indemnify and hold harmless the COUNTY from any and all claims, including claims of negligence, costs and expenses, including but not limited to attorneys' fees, arising from, caused by or related to the injury or death of any person (including but not limited to employees and agents of VENDOR in the performance of their duties or otherwise), or damage to property (including property of the COUNTY or other persons), which arise out of or are incident to the goods and/or services to be provided hereunder. 'I1. Warranty of Non -Infringement a) VENDOR represents and warrants that all goods sold or services performed under this Purchase Order are: a) in compliance with applicable laws; b) do not infringe any patent, trademark, copyright or trade secret; and c) do not constitute unfair competition. b) VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims, including claims of negligence, costs and expense, including but not limited to attorneys' fees, which arise from any claim, suit or proceeding alleging that the COUNTY's use of the goods and/or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties in section 11 (a). c) If any claim which arises from VENDOR'S breach of section 11 (a) has occurred, or is likely to occur, VENDOR may, at the COUNTY's option, procure for the COUNTY the right to continue using the goods or services, or replace or modify the goods or services so that they become non -infringing, (without any material degradation in performance, quality, functionality or additional cost to the COUNTY). 'i2. Insurance Requirements The VENDOR, at its sole expense, shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Purchase Order. Providing and maintaining adequate insurance coverage is a material obligation of the VENDOR. All insurance policies shall be executed through insurers authorized or eligible to write policies in the State of Florida. 13. Compliance with Laws In fulfilling the terms of this Purchase Order, VENDOR agrees that it will comply with all federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non -exhaustive example, this shall include the American with Disabilities Act and all prohibitions against discrimination on the basis of race, religion, sex creed, national origin, handicap, marital status, or veterans status. Further, VENDOR acknowledges and without exception or stipulation shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said G/ Operations/Document Approved by Attorney Reviewed 12/18/13, 5/5/10 agreement immediately. Any breach of this provision may be regarded by the COUNTY as a material and substantial breach of the contract arising from this Purchase Order. 14. Force Majeure Neither the COUNTY nor VENDOR shall be responsible for any delay or failure in performance resulting from any cause beyond their control, including, but without limitation to war, strikes, civil disturbances and acts of nature. When VENDOR has knowledge of any actual or potential force majeure or other conditions which will delay or threatens to delay timely performance of this Purchase Order, VENDOR shall immediately give notice thereof, including all relevant information with respects to what steps VENDOR is taking to complete delivery of the goods and/or services to the COUNTY. 15. Assignment VENDOR may not assign this Purchase Order, nor any money due or to become due without consent of the COUNTY. Any assignment made without such consent shall be deemed void. 16. Taxes Goods and services procured subject to this Purchase Order are exempt from Florida sales property, transient rental property rented, tangible personal purchased or rented, or services Statutes, Chapter 212), and from federal excise tax. 17. Annual Appropriations The COUNTY'S performance and appropriation of funds. the prior written and use tax on real purchased (Florida obligation to pay under this Purchase Order shall be contingent upon an annual 18. Termination This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the VENDOR. This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the terms and conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of such breach and VENDOR has failed to cure within 10 days of receipt of such notice. 19. General a) This Purchase Order shall be governed by the laws of the State of Florida. The venue for any action brought to specifically enforce any of the terms and conditions of this Purchase Order shall be the Twentieth Judicial Circuit in and for Collier County, Florida b) Failure of the COUNTY to act immediately in response to a breach of this Purchase Order by VENDOR shall not constitute a waiver of breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be deemed a waiver of any subsequent default by VENDOR. c) All notices under this Purchase Order shall be sent to the respective addresses on the face page by certified mail, return receipt requested, by overnight courier service, or by personal delivery and will be deemed effective upon receipt. Postage, delivery and other charges shall be paid by the sender. A party may change its address for notice by written notice complying with the requirements of this section. d) The Vendor agrees to reimbursement of any travel expenses that may be associated with this Purchase Order in accordance with Florida Statute Chapter 112.061, Per Diem and Travel Expenses for Public Officers, employees and authorized persons. e) In the event of any conflict between or among the terms of any Contract Documents related to this Purchase Order, the terms of the Contract Documents shall take precedence over the terms of the Purchase Order. To the extent any terms and /or conditions of this Purchase Order duplicate or overlap the Terms and Conditions of the Contract Documents, the provisions of the Terms and/or Conditions that are most favorable to the County and/or provide the greatest protection to the County shall govern. G/ Operations/Document Approved by Attorney Reviewed 12/18/13; 5/5/10 Co Ye-r County Administrative Services Department Procurement Services Division Form 1: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor hereby declares the instructions, purchase order terms and conditions, requirements, and specifications/scope of work of this solicitation have been fully examined and accepted. The Vendor agrees, if this solicitation submittal is accepted by Collier County, to accept a Purchase Order as a form of a formal contract or to execute a Collier County formal contract for purposes of establishing a contractual relationship between the Vendor and Collier County, for the performance of all requirements to which this solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced solicitation. The Vendor agrees to comply with the requirements in accordance with the terms, conditions and specifications denoted herein and according to the pricing submitted as a part of the Vendor's bids. Further, the Vendor agrees that if awarded a contract for these goods and/or services, the Vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub -vendor for any future associated work that is a result of this awarded contract. IN WITNE S WHEREOF, WE have hereun subscribed our names on this Firm's Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority Document Number Federal Tax Identification Number *CCR # or CAGE Code *Only if Grant Funded Telephone: Email: Signature by: (Typed and written) Title: ETRLLC , ... 700 S. French Ave. Sanford, FL 32771 59-3751100 407-339-6737 President/CEO g day oftar , 20?v in the County of Lier -_you ty Administrative Services Department Procurement Services DI'vision Form 2: Conflict of Interest Certification Affidavit The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules —The firm has not set the "ground rules" for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity —The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information —The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor /vendor must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above -mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through non-public (not in the "sunshine") conversation (s), meeting(s), document(s) and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced proiect(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. ETR, L.L.C. i Company Name Gerald Michaluk Signature President /CEO Print Name and Title State of Florida County of Seminole The foregoing instrument was acknowledged before me by means of ❑ hysical presence or ❑online notarization, this JJ:J P4 U5A L. MCDONaLD /��" o %Notary Public or State of Florida Commission # GG 308117 9 OF RO'� My Comm. Expires Mar 5, 2023 art Bonded through National Notary Assn. Personally Known OFF Produced Identification Type of Identification Produced (Signature of Notary blic -State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) 7/28/202u Detail by Entity Name D14`rS3�?IN Or UORPQr?Ai IONS j f f+ c0 rg ,off m eM. Department of St��te 1 Division of Corporations 1 search R�;cords I Search by Entity Name / searci�.sunbiz.orgllnquiry/CorporafiionSearch/SearchResultDetail?inquirytype=Entityl\Lame&directio��Type=lnitial�searchNarneOrder=ETR L�1400�1�..- 1l2 7/28/2020 Detail by Entity Name 6304 N UI\41\11 N� RIVER PLACE I AMPA, FL 33617 I itl'C5 MEfVIlD 1 LLC 1228 CLENCREST DRIVE i-JEAI HROW, FL 32746 2019 2020 2020 O�114/20�9 01/16/2020 05/05/2020 �5/05I2020 -- AMENDED ANNUAL RE.POP,T 0 1 /16/ZU20 --ANNUAL REPORT 01I1412019 --ANNUAL REPORT Odt123/2018 •--ANNUAL REPORT fl1125/2017 --ANNUAL REPORT 05I04/201 6 -- ANNUAL REPORT 02I20^/20li5 --ANNUAL REPORT 02125/2014 --ANNUAL REPORT 03127/2013 -- ANNUAL REPORT 04/26/2012 --ANNUAL REPORT t)2I28I2011 -- ANNUAL REPORT Q1/07' O�C�: ANNUAi_ REf�dR"i" 04/27I200� -- ANNUAL REPORT View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format dew image in PDF format Vietiv image in PDF format View image in PDF format View image ir? 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REPORT "�-__._MView,image in PDF format,.___._.__ 05/03/2005 -- ANNUAL REPORT View image in PDF format 04/30/2004 -- ANNUAL REPORT View image in PDF format 05/23/2003 -- ANNUAL REPORT View image in PDF format 05/2412002 --ANNUAL REPORT View image in PDF format ��8I28I2c�0�i -•- i=iorida Lir�r�ite� Liabi€ices i View image in PDF format �'�uriC� i�:''a'r�il:;�: ��• 5:�:��.�, i.%it'71��ii C�:� L.:i��i�}i�:iti;.i��_. search.sunbiz.org/inquiry/CorporationSearch/SearchResultDetail?inquirytype=ErrtityNamec:directionType=lnitialusearchNameOrder=ETR L010000'14... 2/2 rCO Ie-r C 01414ty Administrative Services Department Procurement Services Division Form 3: Immigration Affidavit Certification This Affidavit is required and should be signed, by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to be enrolled in the E-Verify program (https://www.e-verify.gov/), at the time of the submission of the Vendor's proposal/bid. Acceptable evidence of your enrollment consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company which will be produced at the time of the submission of the Vendor's proposal/bid or within five (S) day of the County's Notice of Recommend Award. FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S PROPOSAL/BID MAY DEEM THE VENDOR'S AS NON -RESPONSIVE. Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA"). Collier County may consider the emmployment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully coimpliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Almendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposal/bid. Gerald Michaluk ETR, L.L.C. Company Name Signature President /CEO Print Name and Title State of Florida County of Seminole The foregoing instrument was acknowledged before me b means of ❑ hysical presence or ❑online notarization, this � `� day off LISA !.. MCD4NACD ... ,��:.�; ;_ Notary Rublic -State o� Florida 30$ I I of �° My Comm. Expires Mar 5 z023 Bonded through N4tiona[Nofary Assn, Personally Known OR ProduceIf Type of Identification Produced eniification Li f Notary Pu fff Name (Signature o is -State of Florida) (Print, Type, or Stamp Commissioned Na of Notary Public) Company ID Number: 601860 THE E-VERIFY ARTICLE I PURPOSE AND AUTHORITY The parties to this agreement are the Department of Homeland Security (DHS) and the ETR, L.L.C. (Employer). The purpose of this agreement is to set forth terms and conditions which the Employer will follow while participating in E-Verify. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of Form I-9, Employment Eligibility Verification (Form I-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the Social Security Administration (SSA), and DHS. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility Verification" and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the following notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system: a. Notice of E-Verify Participation b. Notice of Right to Work 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives' contact information changes. 3. The Employer agrees to grant E-Verify access only to current employees who need E- Verify access. Employers must promptly terminate an employee's E-Verify access if the Page 1 of 13 E-Verify MOU for Web Services Employers I Revision Date 06/01/13 employee is separated from the company or no longer needs access to E-Verify. 4. The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. 5. The Employer agrees that any Employer Representative who will create E-Verify cases will complete the E-Verify Tutorial before that individual creates any cases. a. The Employer agrees that all Employer representatives will take the refresher tutorials when prompted by E-Verify in order to continue using E-Verify. Failure to complete a refresher tutorial will continued use of E-Verify. prevent the Employer Representative from 6. The Employer agrees to comply with current Form I-9 procedures, with two exceptions: a. If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form I-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 888-464-4218. b. If an employee presents a DHS Form I-551 (Permanent Resident Card), Form I-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form I-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form I-9. The Employer will use the photocopy to verify the photo and to assist DHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s) to complete the Form I-9. 7. The Employer agrees to record the case verification number on the employee's Form I-9 or to print the screen containing the case verification number and attach it to the employee's Form I-9, 8. The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to complete, retain, and make available for inspection Forms I-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form I-9 procedures. a. The following modified requirements are the only exceptions to an Employer's obligation to not employ unauthorized workers and comply with the anti- discrimination provision of the INA: (1) List B identity documents must have photos, as described in paragraph 6 above; (2) When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment Page 2 of 13 E-Verify MOU for Web Services Employers (Revision Date 06/01/13 following a final nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized alie n in b. DHS reserves the right to conduct Form I-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify. 9. The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form 1-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form 1-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If '-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. 10. The Employer agrees not to use E-Verify for pre -employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize. 11. The Employer must use E-Verify for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article 11.13 of this Page 3 of 13 E-Verify MOU for Web Services Employers I Revision Date 06/01/13 may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal contract oI other assignment, or otherwise assuming that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a fm final nonconfirmation has been issued. If the employee does not choose to contest a tentative mismatch or if a secondary verification is completed and a nonconfirmation or a photo final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-8884644218 (customer service) or 1-888-897-7781 (worker hotline). 14. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of the INA as applicable by not discriminating unlawfully against any individual in hiring, firing, employment eligibility verification, or recruitment or referral practices because of his or her national origin or citizenship status, or by committing discriminatory documentary practices. The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound 'foreign" or have received tentative nonconfirmations. The Employer further understands that any violation of the immigration -related unfair employment practices provisions in section 274B of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274B of the I NA or Title VII may also lead to the termination of its participation in E-Verify. If the Employer has any questions relating to the anti -discrimination provision, it should contact the Immigrant and Employee Rights Section, Civil Rights Division, U.S. Department of Justice at 1-800-255-8155 or 1-800-237-2515 (TTY) or go to https://www,justice.gov/ier. 15. The Employer agrees that it will use the information it receives from E-Verify only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords), to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 16. The Employer agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888- 4644218 or via email at E-Verify(adhs.g ov. Please use "Privacy Incident — Password" in the subject line of your email when sending a breach report to E-Verify. 17. The Employer acknowledges that the information it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)). Any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 18. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, which includes permitting DHS, SSA, their contractors and Page 4 of 13 E-Verify MOU for Web Services Employers � Revision Date 06/01/13 other agents, upon reasonable notice, to review Forms I-9 and other employment records and to interview it and its employees regarding the Employer's use of E-Verify, and to respond in a prompt and accurate manner to DHS requests for information relating to their participation in E-Verify. 19. The Employer shall not make any false or unauthorized claims or references about its participation in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its services as federally -approved, federally -certified, or federally -recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false. 20. The Employer shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS. 21. The Employer agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer's services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. 22. The Employer understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU. B. RESPONSIBILITIES OF FEDERAL CONTRACTORS 1. If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify Supplemental Guide for Federal Contractors. 2. In addition to the responsibilities of every employer outlined in this MOU, the Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any "employee assigned to the contract" (as defined in FAR 22.1801). Once an employee has been verified through E-Verify by the Employer, the Employer may not create a second case for the employee through E-Verify. a. An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires using E-Verify. The Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within three business days after the hire date. Once enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. b. Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to begin verification of employment Page 5 of 13 E-Verify MOU for Web Services Employers I Revision Date 06/01/13 eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within three business days after the date of hire. An Employer enrolled as a Federal contractor in E- Verify must begin verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), state or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency under a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. Employers in this category must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. d. Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to verify existing staff following DHS procedures and begin E-Verify verification of all existing employees within 180 days after the election. e. The Employer may use a previously completed Form I-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as: i. That Form I-9 is complete (including the SSN) and complies with Article 1.A.6, ii. The employee's work authorization has not expired, and ill. The Employer has reviewed the Form I-9 information either in person or in communications with the employee to ensure that the employee's Section 1, Form I-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). f. The Employer shall complete a new Form I-9 consistent with Article II.A.6 or update the previous Form I-9 to provide the necessary information if: i. The Employer cannot determine that Form 1.9 complies with Article II.A.6, ii. The employee's basis for work authorization as attested in Section 1 has expired or changed, or ill. The Form I-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of Form I-9 is otherwise valid and up-to-date and the form otherwise complies with Article II.C.S, but reflects documentation (such as a U.S. passport or Form I-551) that expired after completing Form I-9, the Employer shall Page 6 of 13 E-Verify MOU for Web Services Employers I Revision Date 06/01/13 not require the production of additional documentation, or use the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. g. The Employer agrees not t assigned employee who has o require a second verification using E-Verify Of any previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Employer that is not a Federal contractor based on this Article. 3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. C. RESPONSIBILITIES OF SSA 1. SSA agrees to allow DHS to compare data provided by the Employer against SSA's database. SSA sends DHS confirmation that the data sent either matches or does not match the information in SSA's database. 2. SSA agrees to safeguard the information the Employer provides through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E-Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 3. SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E-Verify provides the information to the Employer. 4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight -day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the employer. Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E-Verify at 1-888-464-4218. D. RESPONSIBILITIES OF DHS 1. DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer to conduct, to the extent authorized by this MOU: a. Automated verification checks on alien employees by electronic means, and b. Photo verification checks (when available) on employees. Page 7 of 13 E-Verify MOU for Web Services Employers � Revision Date 06/01/13 2. DHS agrees to assist the Employer with operational problems associated with the Employer's participation in E-Verify. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E- Verify process. 3. DHS agrees to provide to the Employer with access to E-Verify training materials as well as an E-Verify .User Manual that contain instructions on E-Verify policies, procedures, and requirements for both SSA and DHS, including restrictions on the use of :-Verify. 4. DHS agrees to train Employers on all important changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to E-Verify, DHS reserves the right to require employers to take mandatory refresher tutorials. 5. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in E-Verify. DHS also agrees to provide to the Employer anti -discrimination notices issued by the Immigrant and Employee Rights Section, Civil Rights Division, U.S. Department of Justice. 6. DHS agrees to issue each of the Employer's E-Verify users a unique user identification number and password that permits them to log in to E-Verify. 7. DHS agrees to safeguard the information the Employer provides, and to limit access to such information to individuals responsible for the verification process, for evaluation of E-Verify, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal criminal laws, and to administer Federal contracting requirements. 8. DHS agrees to provide a means of automated verification that provides (in conjunction with SSA verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry. 9. DHS agrees to provide a means of secondary verification (including updating DHS records) for employees who contest DHS tentative nonconfirmations and photo mismatch tentative nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of Page 8 of 13 E-Verify MOU for Web Services Employers � Revision Date 06/01/13 the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as directed by ENerify. The Employer must record the case verification number, review the employee information submitted to ENerify to identify any errors, and find out whether the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security number, or any other corrected employee information that SSA requests, to SSA for verification again if this review indicates a need to do so. 4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 5. While waiting for case results, the Employer agrees to check the ENerify system regularly for case updates. 6. The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration number database (the Numident) or other written verification of the SSN from the SSA. B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's ENerify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the employee to contact DHS through its toll -free hotline (as found on the referral letter) within eight Federal Government work days. 5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations, generally. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Employer will send a copy of the employee's Form 1-551, Form 1-766, U.S. Passport, or passport card to DHS for review by: Page 9 of 13 E-Verify MOU for Web Services Employers � Revision Date 06/01/13 a. Scanning and uploading the document, or Do Sending a photocopy of the document by express mail (furnished and paid for by the employer). 7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the Employer must forward the employee's documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match or mismatch. 8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 9. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. ARTICLE IV SERVICE PROVISIONS A. NO SERVICE FEES 1. SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an Employer will need a personal computer with Internet access. ARTICLE V MODIFICATION AND TERMINATION A. MODIFICATION 1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all parties. 2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify checking against additional data sources and instituting new verification policies or procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. B. TERMINATION 1. The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days prior written notice to the other parties. 2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Employer's participation in E-Verify, with or without notice at any time if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established E-Verify procedures and/or legal requirements. The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect the Page 10 of 13 E-Verify MOU for Web Services Employers I Revision Date 06/01 /13 performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state where E-Verify is mandatory, termination of this by any party MOU may negatively affect the Employer's business. 3. An Employer that is a Federal co contract that requires its participate cases, the Federal contractor must ntractor may terminate this MOU when the Federal on in E-Verify is terminated or completed. In such provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, then that Employer will r participant, will remain bound by the terms of this MOU that apply to n emain an E-Verify on -Federal In participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. 4. The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer is terminated from E-Verify. ARTICLE VI A. Some or a contractor(s), PARTIES II SSA and DHS responsibilities under this MOU may be performed by and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreemE responsibilities as described in this MOU. nt with DHS, SSA has agreed to perform its B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. C. The Employer may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. D. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. E. its participation in E-Verify is not confidential The Employer understands that information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). F. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. The Employer understands that any inaccurate statement, representation, data or other information provided to DHS may subject the Employer, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or suspension. G. The foregoing constitutes the full agreement on this subject between DHS and the Page 11 of 13 E-Verify MOU for Web Services Employers I Revision Date 06/01/13 Employer. To be accepted as an E-Verify participant, you should only sign the Employer's Section of the signature page. If you have any questions, contact E=Verify at 1=888= 464=4218. Approved by: erify Employer Name (Please Type or Print) Title Gerald Michaluk President /CEO Signature Department of Homeland Security —Verification Division Name (Please Type or Print) Signature Title Date Information Required for E-Verify Information relating to your Company: Company flame: ETR L.L.C. Company dd ress: Facility 700 S. French Ave. Sanford, FL 32771 Company Alternate Address: County or Parish: Seminole gage 12 of 13 E-Verify MOU for Web Services Employers � Revision Date 06/01/13 Employer Identification Number: North American Industry Classification Systems Code: Parent Company: Number of Employees: ETR% L.L.C. Number of Sites Verified for: � re you verifying for more than one site? If yes, please provide the number of sites verified fo State Number of sites Sites) r in each State: Information relating to the Program Administrators) for your Company on policy questions or operational problems: Name: Dorothv A Tolle Telephone Number: 40 i-339-6737 x103 Fax Number: 407-339-8198 E-mail Address: dtolle@etrllc.org Name: elephone Number: Fax Number: E-mail Address: Page 13 of 13 E-Verify MOU for Web Services Employers � Revision Date 06/01/13 q03 �• IISemces .y Form 4: Vendor Submittal — Local Vendor Preference Certification (Check Appropriate Boxes Below) State of Florida (Select County if Vendor is described as a Local Business) El Collier County ❑ Lee County Vendor affirms that it is a local business as defined by the Procurement Ordinance of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section Fifteen of the Collier County Procurement Ordinance: Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector prior to bid or proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non -permanent structure such as a construction trailer, storage shed, or other non -permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be lllmited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirn in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year under this section. Vendor must complete the following information: Year Business Established in ❑Collier County or ❑Lee County: Number of Employees (Including Owners) or Corporate Officers): Number of Employees Living in ❑Collier County or ❑Lee (Including Owners) or Corporate Officers): If requested by the County, Vendor will be required to provide documentation substantiating the information given in this certification. Failure to do so will result in vendor's submission being deemed not applicable. Sign and Date Certification: Under enalties o Company Name: I cej^ti, Address in Collier or Lee County: Signature: that the infnj^h��tinv� .r%ntivvi nt� t�iir fn�^1�� it �n�^�^opt to n�i� I�v,n,,,�10�, Date: Title: e. ',� , '.f Y� { C014HtiV ciministrative Service; Depail ns.nt ProcL1reM(,z11t Serrice-s Division 11I1i I�+'�+'I'll Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of I dividuals Requesting Reference Information) Narne: �3 y'vct i� Evaluator completing reference questionnaire) ( p b q ) Email: a e� Company (Evaluator's Company completing reference) Telephone: 23 � -3y6 Collier County has irnplernented a process that collects reference information on firms and their key personnel to be used in the selection of films to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Project Budget: Completion Date: Project Number of Days: gtem Cr-iteifla �c®�-e (r,�t�st be c®an feted) 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete onAime or early), 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc, 10 Overall comfort level with hiring the company in the future (customer satisfaction), TOTAL SCORE OF ALL ITEMS tiNil �1-�'; 114/(J C-��J�Iy ��'�t I\✓i,�t��!'IJ^� �!I 11 �I'CC1.if'cl�;��I i� S�I•''(r: �:5 n!�'iS1U!l I�e�eIlQen �ue11)tIlou1HHaJ1R ti I /� r/� I'' ! �/► l' -1 I h IlI l 1 ti r Reference Questionnair e for: (Name of Company RegL�esting Reference Information) (Name df Individuals Requesting Reference Information) Nalne: �j� �m�yj � (Evaluator completing reference questionnaire) Email: �jr� Company: L'?qr%�� lOV� T`r� C' trly Evaluator's Company corn let reference ( p y p t ) Telephone: 9�,/ t Collier County has hmpleimented a process that collects reference infonmaiion on il�-�ns and their ley personnel to be used Ix� the selection of fines to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your lGoiowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/i�ldividual again) and 1 representmg that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient lciowledge of past performance u1 a particular area, leave it blank and the item or form will be scored "0." Project Description: Prof ect Budget: Completion Date: Project Number of Days: �t�EII1� 1 ability to manage the pr0ject costs (minimize change orders to scope). 2 Abill y T.O. maintain project schedule (complete on -Lillie or early). 3 Quality of work, 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. © Abiltity to manage risks and unenpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL 1TIEMS Reference Questionnaire for: 7iinistrative Services Depai&nent PFOCllretl ent Services Division E7—r� I , to/ � C, (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Evaluatorc6n letmg i reference ( p fe ence questionnaire) Email: YL.�`fQ ,� �c",�vs0C fLe out7FAX: Company: a w AvV &Cz C�uN NMI (Evaluator's Company completing reference) Collier County has hnpleiilented a process that collects reference information on firms and their key personnel to be used in the selection of films to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the fh7m/individual again) and 1 representing that you were very unsatisfied (and would never hire -the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Project Budget: Completion Date: Project Number of Days: �foY�1 1 Ability to manage the project costs (minimize change orders to scope). z Ability to maintain pro ect schedule (complete on4ime or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Proj ect administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS Reference Questionnaire for: ail"111i11'il"4ll`J::�Vi�W n�.74�i Prcr_�.!ren��Iit S�r,ir:�s D(viSic711 !W I I I I I ,• I �• I% c t�) I I c I III II II Ai IONE FO" FOR EA CH REO UIRED REFERENCE, a (Name of Company RegL�esting Reference Information) �ec A of (Nam of. Individuals Requesting Reference Information) IV S (Evaluator completing reference questionnaire) ( Evaluator's Companyretinreference com P a- � ) Telephone: � ,,S�► Collier County has iinplerilerlted a pr ocessthat collects reference informationl on fr�ins and their 1{ey personnel to be used its. the selection of films to perform this project. The Naine of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firmlind4 dival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or fonn will be scored "0." Proj ect Description: Project Budget: Completion Date: Project Number of Days: I�t�EIIn 1 Ability to manage the project costs (minimize change orders to scope). 2 Abili,� to maintain project schedule (complete on -time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Proj ect administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. Abiltity to manage risks and unexpected project circurmstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL 1TEMS EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS FEDERAL TRANSIT ADMINISTRATION CFDA 20.507 (URBANIZED AREA FORMULA FUNDING) CONTRACTOR COMPLIANCE OVERVIEW AND REQUIREMENTS The supplemental supplement, and disagreement with conditions contained in this section are intended to cooperate with, to to modify the general conditions and other specifications. In cases of any other section of this contract, the Supplemental Conditions shall govern. Per uniform requirements of federal awards (2 CONTRACTOR is an entity that receives a contract. The services performed under 49 U.S.C. compliance with specified in this CFR Part 200.23) the definition of the awarded Contractor shall be in all applicable grantor regulations/requirements and additional requirements document. It shall utilize the necessary project. In general, man uals and 5307 by guidelines that be the awarded Con tractor's responsibility to acquire and apply to the work required to complete this 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 EXHIBIT I FEDERAL CONTRACT PROVISIONS FEDERAL CONTRACT PROVISIONS FLY AMERICA REQUIREMENTS (Applies to subcontracts The Contractor agrees to comply with the following: a) Definitions. As used in this clause-- • "International air transportation" means transportation by air between a place in the United States and a place outside the United States or between two places both of which are outside the United States. • "United States" means the 50 States, the District of Columbia, and outlying areas. • "U.S.-flag air carrier" means an air carrier holding a certificate under 49 U.S.C. Chapter 411. b) When Federal funds are used to fund travel, Section 5 of the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. 40118) (Fly America Act) requires contractors, recipients, and others use U.S.-flag air carriers for U.S. Government -financed international air transportation of personnel (and their personal effects) or property, to the extent that service by those carriers is available. It requires the Comptroller General of the United States, in the absence of satisfactory proof of the necessity for foreign -flag air transportation, to disallow expenditures from funds, appropriated or otherwise established for the account of the United States, for international air transportation secured aboard a foreign -flag air carrier if a U.S.-flag air carrier is available to provide such services. c) If available, the Contractor, in performing work under this contract, shall use U.S.-flag carriers for international air transportation of personnel (and their personal effects) or property. d) In the event that the Contractor selects a ier ir carrier international Statement of Unavailability of U.S.-Flag Air Carriers International air transportation of persons (and their personal effects) or property by U.S.- flag air carrier was not available or it was necessary to use foreign -flag air carrier service for the following reasons. See FAR § 47.403. [State reasons]: e) The Contractor shall include the substance of this clause, including this paragraph (e), in each subcontract or purchase under this contract that may involve international air transportation. CARGO PREFERENCE RE UIREMENTS (Applies to subcontracts Use of United States -Flag Vessels -The contractor agrees: a. to use privately owned United States -Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States -Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on -board" commercial ocean bill -of -lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the case of a subcontractor's bill-ofdading.); and c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel. ENERGY CONSERVATION REQUIREMENTS (Applies to subcontracts at eve Applies to subcontracts at every tier tie EXHIBIT 1.A The contractor agrees which are contained in and Conservation Act. to comply with mandatory standards and the state energy conservation plan issued FEDERAL CONTRACT PROVISIONS policies relating to energy efficiency in compliance with the Energy Policy CLEAN AIR AND FEDERAL WATER POLLUTION CONTROL ACTS (Applies to subcontracts OVER $150.000 at every tier) The Contractor agrees: 1) It will not use any violating facilities; 2) It will report the use of facilities placed on or likely to be placed on the U.S. EPA "List of Violating Facilities;" 3) It will report violations of use of prohibited facilities to FTA; and 4) It will comply with the inspection and other requirements of the Clean Air Act, as amended, (42 U.S.C. §§ 7401 — 7671q); and the Federal Water Pollution Control Act as amended, (33 U.S.C. §§ 1251-1387). 5) The Contractor also agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FTA. LOBBYING Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." 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 the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non -Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. ACCESS TO RECORDS AND REPORTS (Applies to Subcontracts at every tier) a. Record Retention. The Contractor will retain, and will require its subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, sub -agreements, leases, subcontracts, arrangements, other third party agreements of any type, and supporting materials related to those records. b. Retention Period. The Contractor accordance with 2 C. F. R. § 200.333. agrees to comply with the record retention requirements in The Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of at not less than th termination or expiration of this Contract, ee (3) years after the date of c. Access to Records. The Contractor agrees to provide sufficient access to FTA and its contractors to inspect and audit records and information related to performance of this_ contract as reasonably may be required. d. Access to the Sites of Performance. The Contractor agrees to permit FTA and its contractors access to the sites of performance under this contract as reasonably may be required. FEDERAL CHANGES Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. FCP-3 EXHIBIT I FEDERAL CONTRACT PROVISIONS RECYCLED PRODUCTS Recovered Materials The Contractor agrees to provide a preference for those products and services that conserve natural resources, protect the environment, and are energy efficient by complying with and facilitating compliance with Section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6962, and U.S. Environmental Protection Agency (U.S. EPA), "Comprehensive Procurement Guideline for Products Containing Recovered Materials," 40 C.F.R. part 247. The list of EPA -designated items is available at: https://www.epa.�ov/smm/com rehensive- rocurement-�uidelines-construction- products Section 6002(c) establishes exceptions to the preference for NO GOVERNMENT OBLIGATION TO THIRD PARTIES (A ignated lies to subcontracts at every tier (1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Recipient, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. PROGRAM FRAUD OR FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS (Applies to subcontracts at every tier) (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seg. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by 'TA under the authority of 49 U.S.C. chapter 53, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5323(I) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. TERMINATION Unless otherwise provided in this contract, should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the 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. FCP-4 EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION Applies to subcontracts) The Contractor shall comply and facilitate compliance with U.S. DOT regulations, "Nonprocurement Suspension and Debarment," 2 C.F.R. part 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S. OMB) "Guidelines to Agencies on Governmentwide Debarment and Suspension (Non procurement)," 2 C.F.R. part 180. These provisions apply to each contract at any tier of $25,000 or more, and to each contract at any tier for a federally required audit (irrespective of the contract amount), and to each contract at any tier that must be approved by an FTA official irrespective of the contract amount. As such, the Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally funded contract and are not presently declared by any Federal department or agency to be: a) Debarred from participation in any federally assisted Award; b) Suspended from participation in any federally assisted Award; c) Proposed for debarment from participation in any federally assisted Award; d) Declared ineligible to participate in any federally assisted Award; e) Voluntarily excluded from participation in any federally assisted Award; or f) Disqualified from participation in ay federally assisted Award. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by the COUNTY. If it is later determined by the COUNTY that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the COUNTY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. part 180, subpart C, as supplemented by 2 C.F.R. part 1200, while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. PRIVACY ACT The following requirements apply to the Contractor and its employees records on behalf of the Federal Government under any contract: that administer any system of (1) The Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. (2) The Contractor also agrees to include these requirements in each subcontract system of records on behalf of the Federal Government financed in whole or in CIVIL RIGHTS AND EQUAL OPPORTUNITY(Applies to subcontracts at every tier The following requirements apply to the underlying contract: to administer any The COUNTY is an Equal Opportunity Employer. As such, the COUNTY agrees to comply with all applicable Federal civil rights laws and implementing regulations. Apart from inconsistent requirements imposed by Federal laws or regulations, the COUNTY agrees to comply with the requirements of 49 U.S.C. § 5323(h) (3) by not using any Federal assistance awarded by FTA to support procurements using exclusionary or discriminatory specifications. FCP-5 EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS Under this Agreement, the Contractor shall at all times comply with the following requirements and shall include these requirements in each subcontract entered into as part thereof. 1. Nondiscrimination. In accordance with Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, disability, gender identity or age. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. 2. Race, Color, Religion, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e et seq., and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. chapter 60, and Executive Order No. 11246, "Equal Employment Opportunity in Federal Employment," September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, national origin, or sex (including sexual orientation and gender identity). Such action shall include, but not be limited to, the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 3. Age. In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634, U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, "Age Discrimination in Employment Act," 29 C.F.R. part 1625, the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., U.S. Health and Human Services regulations, "Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance," 45 C.F.R. part 90, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 4. Disabilities. In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, the Americans with Disabilities Act of 19901 as amended, 42 U.S.C. § 12101 et seq., the Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. BREACHES AND DISPUTE RESOLUTION (Applies to subcontracts at every tier over $150,000 Disputes -Unless otherwise provided in this contract, 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 the vendor with full decision -making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER 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 the vendor with full decision -making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'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. Stats. 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. FCP-6 EXHIBIT 1.A DISADVANTAGED BUSINESS ENTERPRISE (A FEDERAL CONTRACT PROVISIONS lies to Subcontracts at every tier It is the policy of the Collier County Board of County Commissioners (BCC) to ensure that Disadvantaged Business Enterprises (DBE)s are defined in part 26, have an equal opportunity to receive and participate in Department of Transportation (DOT) —assisted contracts. It is also our policy: 1. To ensure nondiscrimination in the award and administration of DOT — assisted contracts; 2. To create a level playing field on which DBEs can compete fairly for DOT -assisted contracts; 3. To ensure that the DBE Program is narrowly tailored in accordance with applicable law; 4. To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to participate as DBEs; 5. To help remove barriers to the participation of DBEs in DOT assisted contracts; 6. To assist the development of firms that can compete successfully in the market place outside the DBE Program. This Contract is subject to 49 C.F.R. part 26. Therefore, the Contractor must satisfy the requirements for DBE participation as set forth herein. These requirements are in addition to all other equal opportunity employment requirements of this Contract. Contract Assurance The Contractor, subrecipient or subcontractor shall not discriminate on the basis of race color, national origin, gender identity or sex in the performance of this Contract. The Contractor shall carry out applicable the termination of this Contract or such other remedy as the COUNTY deems appropriate. DBE Participation For the purpose of this Contract, Unified Certification Program; government, state government agency whose DBE certification approved by the COUNTY. DBE Participation Goal Collier Area Transit's goal for established for this procurement. the COUNTY will accept only DBE's who are: 1. Certified by the Florida �r 2. An out-of-state firm who has been certified by either a local �r Federal government entity authorized to certify DBE status or an process has received FTA approval; or 3. Certified by another agency DBE participation is 1.6%. Proposed Submission Each Bidder/Offeror, as part of its submission, shall indicates the percentage and dollar value of the A separate contract goal has not been complete an Anticipated DBE Statement that total bid/contract amount to be supplied Disadvantaged Business Enterprises with whom the Bidder/Offeror intends to contract performance of portions of the work under the Contract. Each Bidder/Offer shall also Prompt Payment The prime contractor agrees to pay each performance of its contract no later than 30 submit a by the Bid d Retainage If retainage from DBE subcontractors is allowed per the contract, the return retainage payments to each subcontractor within 30 days after FCP-7 EXHIBIT 1.A Monitoring and Enforcement FEDERAL CONTRACT PROVISIONS The COUNTY shall monitor the Contractor's DBE compliance during the life of the Contract. It will be the responsibility of the Contractor to submit Subcontractor Payment Reports to the COUNTY with each pay application that summarize the total DBE value of the Contract if DBE participation occurs. These reports shall provide the following details: • DBE utilization established for the Contract; Total value of expenditures with DBE firms for the period; • The value of expenditures with each DBE firm for the period by race and gender; • Total value of expenditures with DBE firms from inception of the Contract; and The value of expenditures with each DBE firm from the inception of the Contract by race and gender. The Contractor shall not terminate DBE subcontractors) without the COUNTY's prior written consent. The COUNTY may provide such written consent only if the Contractor has good cause to terminate the DBE firm. Before transmitting a request to terminate, the Contractor shall give notice in writing to the DBE subcontractor of its intent to terminate and the reason for the request. The Contractor shall give the DBE five days to respond to the notice and advise of the reasons why it objects to the proposed termination. When a DBE subcontractor is terminated or fails to complete its work on the Contract for any reason, the Contractor shall make good faith efforts to find another DBE subcontractor to substitute for the original DBE and immediately notify the COUNTY in writing of its efforts to replace the original DBE. These good faith efforts shall be directed at finding another DBE to perform at least the same amount of work under the Contract as the DBE that was terminated, to the extent needed to meet the Contract goal established for this procurement. Failure to comply with these requirements will be in accordance with the Sanctions for Violations section below. Recordkeeping The prime contractor must maintain records and documents of payments to DBEs for three years following the performance of the contract. The records will be made available for inspection upon request by any authorized representative of the COUNTY or DOT. This reporting requirement also extends to any certified DBE subcontractor. DBE Program and Directory Information State DOT and DBE Program Websites may be found here: hUps://fdotxwp02.dot.state.f1.us/EqualopportunitvofficeBusinessDirecto Additional information on Collier Area Transit's DBE Program can be found at CAT's website http://www.colliergov.net/your-government/divisions-f-r/public-transit-neighborhood-enhancement/our- services-/collier-area-transit-cat/dbe INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS lies to subcontracts) The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1 F, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any COUNTY requests which would cause the COUNTY to be in violation of the FTA terms and conditions. FCP-8 EXHIBIT 1.B GRANT CONTRACT ASSURANCES 1. 2. 3. 4. GRANT CERTIFICATIONS AND ASSURANCES Acknowledgement of Grant Terms and Conditions Certification Regarding Debarment, Primary Covered Transactions Suspension, and Other Responsibility Anticipated DBE, M/WBE or VETERAN Participation Statement Matters - Bid Opportunity List for Commodities, Contractual Services or Professional Consultant Services Certification Regarding Lobbying EXHIBIT 1.B GRANT CONTRACT ASSURANCES Acknowledgement of Terms, Conditions, and Grant Clauses Certification 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. On behalf of my firm, I acknowledge, the grant requirements identified in this document. Vendor/Contractor Name Date Authorized Signature GCA - 2 EXHIBIT 1.B GRANT CONTRACT ASSURANCES CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within athree-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; 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) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (I)(b) of this certification; and (d) Have not within athree-year period preceding this application/proposal had one or more public transactions (F(2deral, State or local) terminated for cause or default. (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 to this proposal. Name Firm Street Address, City, State, Zip Signature DUNS Number Tax ID Number GCA - 3 EXHIBIT 1.B GRANT CONTRACT ASSURANCES ANTICIPATED DISADVANTAGED,, MINORITY, WOME OR VETERAN PARTICIPATION STATEMENT T Staff, All veriftsd. Unverifatga statuses l require t'he P1111ME. to neither �r de are&ed statement or prQ�ide sourcedocumentation that wa�ida+�es a status. A. PRIME E O1 ICON ' AETOR INFORMATION PRIM E NAtso1E: V.P.1tr E FE"D NUNMER CONTRACT DOLLAR ,ANIOW pDrW 1.5THEPR1&tE,.A .0gl:I ,A: —ERTIFIEDDISAVA14TAGED, V h� T�iE Ti' ITa + F 7- I Tt CT.__ MI�I41�I"Tc' OA `� O EN BUSINESS ENTERPR1KE?'y IN CONSTRUCTION ? y N (D5Ej5to9 &E1Vo BED 'OR H 41 A 5MALt DISADV: N71 kGED SUSINES-S EA �CEII:TIF1CAT101' , FROND THE SMALL BUSINESSfi�1HE�` �' h,1 ��S�.tLT�T��#� � � 1'� A.DMINISTRA110 01 A SEA. o] CE DISABLED VETERAW4 W!13Ey N y T4 15 TWS SU51*1155iOK A REVISION? -- S, N IF 'VTS,,'REVMIorN KL.INI BEF Pis IF P .I17VIE HAS & iKONTRACTOR, OR SUPPLtERWH IS A D.15ADIVANTAGED MINOMTY, 'WOMEN CWNEEI. SMALL � SINESS C. NCER OR E '+ I�CE DISABLED ETERA;PRIME IS T ��NIPLETE 'T T EXT SftTljaN DBE M, %V5E �.L:r�t.CON VETERATR.►�C O . OR SUPPUER TYPE OE FORK OR: ETHNICITYNICITY .ODE SU13,J�5UPPLIER PUaCE:Iv7 GF CONTRACT :;�$ � �I Be tel D��t� R AMOU� DOIJARS TOIT Ct SECTION T BE COMPLETED BYh PRIF E VENDORICONTRACTIDR NA` 1`14E OF S E1TOMER DATE TffLE: OF SU B R EMAIL ADDRESS OF PFliME JS LdEl MIrTER) TELEPHONE HUMBER FAX NUh►4BE.R MOTE: Thisinformation As used to: track wW report anticipated DBE ef hMffiE. participation in federal i y-�unded contracts. TM antiapat,ed mE or MBE amouna is Yofurtari and: will ndc became part Gf the contractual teTrns. This iaTm must he submitted at time of response to a sokitation.. ff and when awarded a County contract, the prirn+e ��% 1 he asked to: update the :in�rrnati t; i or the grant c n ianr:e pies. i i' Ii I. ETHNICITY EDDE B]ack r:an e� rispanic Amencan totive Amen"can NA subcont.. A an American ISAA 3rt%:mP3 tc'Ai7w& t ARri Kon-N lnoria r, '41omen r� . �� I_� i"�_� TO _�E CID �ssr.��' LE � El� E R:T EP�iT " lad P�AE ' I.=EF; k&WiITRook.GT?'r1FI �� POrF , F!LE±s F;: ►U*I rMW F;MjLAM,I K r� i i i CE E-'! It C;Y -- DATE GCA-4 COLLIER COUNTY GRANT COMPLIANCE FORM BID OPPORTUNITY LIST FOR COMMODITIES, CONTRACTUAL SERVICES OR PROFESSIONAL CONSULTANT SERVICES It is the policy of Collier County that disadvantaged businesses and minority vendors, as defined in the Code of Federal Regulations (CFR) or Florida Statutes (FS), must have the opportunity to participate on contracts with federal and/or state grant assistance. Prime Contractor/Prime Consultant: Address and Phone Number: Procurement Number/Advertisement Number: 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 must be submitted with the bid package. 1. Federal Tax ID Number: 6. DBE 8. Annual Gross Receipts 2. Firm Name: LI 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: 1. Federal Tax ID Number: 6. DBE 8. Annual Gross Receipts 2. Firm Name: Non -DBE Less than $ 1 million 3. Phone Number: Between $ 1-5 million 4. Address Between $ 540 million 7. Subcontractor Between $ 10-15 million Subconsultant More than $ 15 million 5. Year Firm Established: 1. Federal Tax ID Number: 6. DBE 8. Annual Gross Receipts 2. Firm Name: Non -DBE Less than $ 1 million 1. Federal Tax ID Number: 6. DBE 8. Annual Gross Receipts 2. Firm Name: Non -DBE Less than $ 1 million 3. Phone Number: Between $ 1-5 million 4. Address Between $ 540 million 7. Subcontractor Between $ 1045 million 11 Subconsultant More than $ 15 million 5. Year Firm Established: GCA-5 EXHIBIT 1.B GRANT CERTIFICATIONS AND ASSURANCES LOBBYING CERTIFICATION To be submitted with each bid or offer exceeding $1002000 The undersigned [Contractor] certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 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 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each disclosure, if any. In addition, the Contractor understands and agrees that the its certification In addition, the Contractor understands and agrees that the provisions of 11.062, Florida Statutes., apply to this certification and disclosure, if any. Contractor (Firm Name) Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official Date (Rev. October 2018) Department of the Treasury Internal Revenue Service � �,Taym I (a�IUD'cc, a�dam HLr,urPoi L� Go CO vvwurrJJJSag0vll�ar11]VJ/9 IMr ins ructiohs and Lhe latest in otrntaiiorr. i Name (as shovin on your incorne tax return), Name is required on this line; do not leave tlIis line blank. F-� I l �, L. if A 2 Business nameldisregardecl entity name, if elifferent from above E I R, �.. L. . dive dorm to the j"equosf.er. Do not seln to the MIS 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of rile 0Exemptions (codes apply only to following seven boxes. certain entities, not individuals; see instructions on page 3): ❑ Individual/sole proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trustlestate single -member LLC Exempt payee code Cif any) �]✓ Limited liability company. Enter the tax classification (.G=C corporation, S=S corporation, P=Partnership) C> � Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that Is disregarded from the owner' should check the appropriate box for the tax classification of its owner. ❑ Other (see instructions) D 5 Address (number, street, and apt. or suite no.) See instructions, 6 City, state, •• .rt , j i� ram, ( l - account7 List •p• lei � �� " i��7��_�il��>i�ru Nta��a• �� Exemption from FATCA reporting code (if 817y) (Applies tQ accaunls malnl�7rned outside the U.S.) Requester's name and address (optional) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SON). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for part I, later. For other entities, it is you►' employer identification number (EIN). If you do not have a number, see How to yet a T/N, later. Notre: If the accoLrnt is ire more than one name, see the instructions for line 1. Also see What Name and Nutr7ber To Give the Requester for guidelines on whose number to enter< Under penalties of perjury, I cert{fy that: Social security nw�iber o it EmployeY identification number �I9I--13171510 1, The number shown on this 7orr11 Is my correct to}:j.�ayer identif ication nunliJer (or I am `waiting for` a number to be issr_led to ;11e); and 2. I arr) rrat subject to i�atJl<up withholding becausB: (a) [ a171 e,;empt front backup withi�olding, ar (b) I have not been notified by the lnterrlal Reveni.le Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified I that I ant no longer subject to backup withholding; and 3.1 am a U.S, citizen or other U.S, person (defined below); and �. The FATCA codes) entered on this form (if any} indicating that I am exenlpt from FATCA reporting is correct. Certification instructions. You Must cross out item 2 above if youehave been notified by the iRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition of abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not i'egrred`t sfi the cer'tificrrtion, but you t-nust provide your correct TiN. See the ir�structio►7s for Part II, later, A g Signature of �Z� Ii]ate D GY`� Section references are to the Internal RevenLte Code unless otherwise noted. [=r_irure �tevelopn•tenf:s. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to trvwvv,irs.�ov/For1nW9. Purpose of '=�+�'iln An individual or entity (Forn7 V11--9 requestef) Who is required to file an information return with the IRS mLrst obtain your correct taxpayer ider�rtification number (TIN) which may be your social security number (S5N), individual taxpayer identification number (ITIN), adoption taxpayer Identification number (ATiN), or employer Identification 1lurnber (Ell�l), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of infornicatiorr returns include, bLrt are not limited to, the following. Form 1099dI T (interest earned or paid) Form � Q99-DIV (dividends, including those from stocks or mutual funds) Form I Q99-MISC (various types of income, prizes, awards_, or .gross proceeds) Fot`m 'I 099-B (stock or mutual II i sales and certain other transactions by brokers) Form 1099-S (proceeds from real estate transactions) Form 10994< (merchant carol and third party network transactions) Forn1 1098 (home mortgage interest), 1 098-E (student loan interest), 1 �98--T (tuition) Form 1099-C (canceled debt) a FOr'rTl 1099-A (acquisition or abandonment of secured property) Use Form Vv-9 only if you at'e a U.S. person (including a resident alien), to provide your correct TiN. if you do not return Form W-9 to the mquesfer with a TiN, you m/ghi be subject to backup withholding. See What is backup withholding, later: Gat. No. 1 g231X _ -- Form W�9 (Rev. 1 0-2018) DATE (MM/DD/YYYY) LIABILITYCERTIFICATE OF 8/20/2020 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 INSURE®, 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 rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Mean McGlohn JD Fulwiler & Co., Insurance PHONE FAX 5727 SW Macadam Portland OR 97239 INSURED ETR, LLC 700 S French Avenue Sanford FL 32771 COVERAGES A/c No Ext : 503-977-5659 A/c No): 503-977-5859 ADDRIESS: mmcglohn@idfulwiler.com INSURER(Sl AFFORDING COVERAGE INSURER A :Travelers Pro ert Casualt Insurance Com an ETRLLCO-01 INSURER B: Travelers Casualtv Insurance Companv of America CERTIFICATE NUMBER: 1760935090 INsuRER c :ro Travelers P INSURER D INSURER C: INSURER F Casualty Cof America o NAIC # 36161 19046 25674 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE P I OCCUR 6305H916536 10/1/2019 10/1/2020 EACH OCCURRENCE $130001000 DAMAGE TO RENTED PREMISES Ea occurrence $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 170007000 GEN'L AGGREGATE LIMIT APPLIES PER: X JECT POLICY F'] PRO- ❑ LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS COMP/OP AGG $ 210007000 OTHER: $ B C AUTOMOBILE LIABILITY X ANY AUTO GA5H91653617 AD3L963195 10/1/2019 10/1/2019 10/1/2020 10/1/2020 COMBINED SINGLE LIMIT Ea accident $ 110003000 BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident $ X HAPID Medical Payments $ 5,000 A X UMBRELLA LIAB X OCCUR CUP3L97482A 10/1/2019 10/1/2020 EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $ 510003000 DED X RETENTION $ n $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y /H N U B6H 805926 11 /13/2019 11 /13/2020 X PER STATUTE OTH- ER ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N/A E.L. EACH ACCIDENT $ 150001000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - EA EMPLOYEE $ 110001000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 B C Garage Liability GKLL* DOL* GA5H91653617 AD3L963195 10/1/2019 10/1/2019 10/1/2020 10/1/2020 Other Than Auto Only Other Than Auto Agg 11000,000 310001000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) "Hired Auto Physical Damage - Actual Cash Value or Cost of Repair, whichever is less, minus comprehensive deductible of $0 and collision deductible of $170000 RE: Florida Sheriffs Association Cooperative Purchasing Program , Contract # FSA20-VEF14.01 Fire Rescue Vehicles and Other Equipment All operations of the named insured are subject to policy provisions, conditions and exclusions. See Attached... Florida Sheriffs' Association 2617 Mahan Drive Tallahassee FL 32308 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1933m2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD THIS CERTIFICATE SUPERSEDES PREVIOUSLY ISSUED CERTIFICATE AGENCY CUSTOMER ID: ETRLLCO-01 0 Page 1 Of 1 AGENCY JD Fulwiler & Co., Insurance POLICY NUMBER CARRIER ADDITIONAL REMARKS NAIL CODE THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, NAMED INSURED ETR, LLC 700 S French Avenue Sanford FL 32771 EFFECTIVE DATE: FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Locations: 1) 212 Hickman Dr. Sanford FL 2) 255 Willingham Dr., Suite A. Juliette, GA *DEALERS OPEN LOT LIMI I S: Location 1 $2,800,000 $2,800,000 Location 2 $200,000 $200,000 Comprehensive Collision Comprehensive Collision Limit includes dealers' owned autos Deductible: COMPREHENSIVE: 'Perils Deductible Applies To: Ali Other Deductible: $1,000/$10,000 Perils Deductible Applies To: Earthquake Deductible: $2,500/$25,000 Peiils Deductible Applies To: Windstorm and Hail Deductible: $5,000/No Max Flood Exclusion Applies COLLISION: $1,000 Deductible *GARAGEKEEPERS COVERAGE: Location 1 I$1,200,000 $1,200,000 Location 2 I$200,000 $200,000 Comprehensive Collision Coverage Basis: Direct Primary Deductible: COMPREHENSIVE Comprehensive Collision Perils Deductible Applies To: All Other Deductible: $1,000/$10,000 Perils Deductible Applies To: Earthquake Deductible: $2,500/$25,000 Perils Deductible Applies To: Windstorm and Hail Deductible: $5,000/No Max Flood Exclusion Applies COLLISION Collision Deductible: $1,000 ACORD 101 (2008/01) ©2Q00 ACORD CORPORATION. All rights reserved. INSURANCE AND i REQUIREMENTS Insurance / Bond Type 1. E Worker's Compensation 2. ®Employer's Liability 3. ®Commercial General Liability (Occurrence Form) patterned after the current ISO form Required Limits Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at https:Happs.fldfs.com/bocexempt/ � 1,000,000 single limit per occurrence Bodily Injury and Property Damage $ 1,000,000 single lllnit per occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ®Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor 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, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the Contractor/Vendor in the performance of this Agreement. 5. ® Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 6. ❑ Other insurance as noted: D Watercraft $ Per Occurrence ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence El Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution Per Occurrence ❑ Professional Liability $ Per claim & in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence ❑ Cyber Liability $ Per Occurrence ❑ Technology Errors & Omissions Per Occurrence 7. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sure equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 8. ❑ Performance and Payment For projects in excess of $200,000, bonds shall be submitted with the executed contract Bonds by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 9. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. ® Collier County must be named as "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 Vendor's policy shall be endorsed accordingly. 11. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. ®On all certificates, the Certificate Holder must read: Collier County Board of County Commissioners, 3295 Tarniami Trail East, Naples, FL 34112 13. ®Thirty (30) Days Cancellation Notice required. 14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions regarding Builder's Risk Insurance will be addressed by the Collier County Risk Management Division. 7/1/20 - CC Vendor's Insurance Statement VVe understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. The insurance submitted must provide coverage for a ininvnuin of six (6) months from the date of award. Name of Finn Vendor Signatu re Print Name Insurance Agency Agent Name Date Telephone Number FFa� 00 d � ^� U O 4-4 .0 U O �E �O 4015) U 0 4J cC . G U m .. a, O A cow ~J �, • G CC 4� .Q C� FFi® O O O O � r.. � Oimw '� ^^. U .a: O U O S., cC +E. p U �.. U ® O U O �U ® U V •� U •� �+ •;r O .a 4 ❑ \ "� �m" cz Cj it 401 C ; U C 4+001) O C '� Up .NNE)Ld � .., WINO 4d .,. OW OW CLJ CJ O O O O y Cw O O O O O O =— G r Cd&) O O (A lm� U C `—I r-f r-I r-i V>> ;. 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O t xo fli ct3 V L O (LJ �+- > ' O 4mJ a I m Q3 O VD LOW I i i( � w w w w z z w w p Z O Cl Q U OCn VD w MimiO O w O U Z 'Q a U O w Q z w w z W w w w U w w w -a Z VD �✓ O O E_ U O O a U � O Q evooO Z w 0 O w O� w .� 0 �L UU RUOa Busi 020 Flo�ic��•� Al ll1�.31 R��s�.�l� C��r�ti icy �fo�S�.jles T�.x T f i�� C �-� � t l i c �/� t�-� E ;Y •� i r e=�� ; c� � D �_� c: E=� 11 •� f-� r� �� 1. 2 0 2 0 s Name and Location ETR LLC 212 H I CKMAN DR SANFORD, FL 32771-6915 ddress Certificate Number 69-8012036467-2 By extending this certificate or the certificate number to a selling dealer to make eligible purchases of taxable property or services exempt from sales tax and discretionary sales surtax, the person or business named above certifies that the taxable property or services purchased or rented will be resold or re -rented for one or more of the following purposes: Resa[e as tangible personal property. Re�rental as tangible personal property. Resale of services. Re -rental as commercial real property. Incorporation into tangible personal property being repaired. o Re -rental as transient rental property. Incorporation as a material, ingredient, or component part of tangible personal property that is being produced for sale by manufacturing, compounding, or processing. `�(� 1� Y !— / F'7 /1l �] n ►'� s^► t i � � r-, r♦ i1....-� ; �:.-, .-..b �. S _ t� — ! — — T'- - - / A 1 1� t � . • r � � ♦ r � /,� Q S �e �: � � �; �//�� ,fir ,��i�ii loll t-�a��in c a��l l�a�el r`�__l��;W� V]l� C'•r \/��,�r ♦< < , � 'L.e!!lC?!—�/!0:�.,�� % '✓ G� � ��I V.r_��i �� fv ■ L Z cl1 ��i c u !4� ��4i! / J �_ J representatives to buy or rent property or services is>c exempt when the property or service is resold or r%4WOP eda You �uV;I° r�o use your Annual RCesale Certiiicate to make tar. -exempt purchases or rentals of property or services that will be used by your business or for personal purposes. Florida law provides for criminal and civil penalties for fraudulent use of an Annual Resale Certificate. k s a se�Qer, you must document each tax-exempt sale for resale using one of three methods. You can use a different method each dime you make atax-exempt sale for resale. Obtain a copy (paper or electronic) of your customer's current Annual Resale Certificate. 2. For each sale, obtain a transaction authorization number using your customer's Annual Resale Certificate number. 3. Each calendar year, obtain annual vendor authorization numbers for your regular customers using their Annual Resale Certificate numbers. Din One,: �lisi t ��©�c a Use iva.com taxes/cer 'ficates � � �/) /1 I I tom, �� ,� �,� : ', / I � • , � � I • I � ` • • • • - - J O T D I F A L T E R E D ETR LLC . 212 EICKMAN DR SANFORD, FL 32771�6915 EFFECTI VE DATE 11/15/2019 �IM_h_ill ETR LLC STATE OF FLORID' �� I ��► I': `� I l l l t l l • L• • • FOR A DEALER IN FRANCHISED tT{_ ' MOTOR VEHICLES LICENSE NUMBER VF/1022844/1 PRIMARY LU'1' EXI'iItA1'IUN llATE 12/31/2021 320.27, FLORID' STATUTES TO CONDUCT AND CARRY ON BUSINESS AS A DEALER IN FRANCHISED MOTOR VEHICLES AT THE ABOVEDESCRIBED LOCATION GI�IEN UNDER MY HAND AND SEAL THE.ABO�IE DATE WRITTEN. BUREAU CHIEF DIRECTOR HSMV 84103 REV. 2,�11) S I F —�L'�L U (I [� rl�l• �I[� IIJ l�_y��_) rl_�I�'� 1 —I� !'�' II 't f, I'�.y II f , .I �I j Jr� Iss' 1 U I I I I I I II; JOB Nio GREENBF��p tSE TN III ��OUI 1".F Y i�i3� c�o��l�.l~rCX7 op PO DOD 6 �0 SANE~ � D, f'�1�. %� 40�`w66 ".� QdO REGULATED License # MV43525 / VF10228441 GERALD R MICHALUK (OVVNER) Receipt �:1 S1 �20190920`� 099� A�o� nt laid: � 4500 Date laid. 09I20/2019 conspicuously at 'che place or business in such manner I. it can be open to the vievi of the public and 3Ubjec� to inspection by all duly authorized o�flcel�s o' the County. Upon failure to do so the business shall De sr�bject to the payment or another business tax for the same business or procession, L,� �,� _�� C��3C,� ►� � T��•� �=1j ��c{:I I::.C� ��-�:'y' �� o I�ursUafiL to I✓"Iorida �LatuceS, al( business Tax peceipLs shall be issued by the lax Collector beginning July j st of each year, and it shall expire on Septernber 30th or the succeeding year. Those Business Tax receipts Issued as renewal accounts beginning October :I.sL shall be delinquent and subject to a delinquency penalty of 10% for the month of October, plus an additional thereafter until paid provided that the fatal penalty shall not 5% penalty for each month of delinquency exc�PPcl % r�; r hP hir�il�P�; Note ItIssori No, r fnl� rhP riPNopolingiiPnr P�r�Fspoor hli hr-;�Pr�r (Flnrud, tat�lte FFS1 "INNA � L� `�!, so nr vlA. A �5% penalty sn�ll be Il��posed on ar�y 1ndl�.�ld�la( engaged III any ne��I busiliess or profession► without i�ilYst obtaining a serriinole Oounty Business rax r eceipt (rl~ JOo03 C�JJ. This Business Tax receipt is only a receipt for business taxes paid �t does not perlTiit the taxpayer to violate any existing regulatory or zonil�g (av�ls or tale state, county, o�} rnunicil�ality, nor does it exernpt the taxpayer from any other required licenses, registrations, certincations, or permits. Business Tax requirements are subject to legislative change, C,�� {� ��u �i��e (�iol�ier ofthis Busii�iess Tan I��eceip'c is recuired to report a change in the fol(oWing; Ownership, Business I.ocation, [ailing Address, or any other iriforrrlation that would alter the status or the current year's infornfiatioi7T "(yhis includes, but is not limitedto, the loss or or a change in a Mate or Regulatory License which was used to qualify for the busii�iess identified on the cr.irrent CoUnty Business `tax Receip ,, 'i f you have any changes to repor'c, contact CostBusiness Tay: Department at 1L07�665-76 j6, COVICY COUnty Administrative Services Department Procurement Services Division Fleet Vehicle and Equipment Maintenance and Repair Services cvnthia.mccanna(a�colliercoun fl.Qov (Email) This solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Bidder may be grounds for rejection of the bid, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. SOLICITATION PUBLIC NOTICE INVITATION TO BID (ITB) NUMBER: 20-7780 PROJECT TITLE: Fleet Vehicle and Equipment Maintenance and Repair Services LOCATION: PROCUREMENT SERVICES DIVISION, CONFERENCE ROOM A, 3295 TAMIAMI TRAIL EAST, BLDG C-2, NAPLES, FLORIDA 34112 DUE DATE: August 28, 2020 3:00 PM PLACE OF BID OPENING: PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C2 NAPLES, FL 34112 All bids shall be submitted online via the Collier County Procurement Services Division Online Bidding System: htti)s://www.bidsync.com/bidSYDC-cas/ INTRODUCTION As requested by the Fleet Management Division (hereinafter, the "Division or Department"), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, "County") has issued this Invitation to Bid (hereinafter, "ITB") with the intent of obtaining bid submittals from interested and qualified vendors in accordance with the terms, conditions and specifications stated or attached. The vendor, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation Inay be used by other County departments once awarded according to the Board of County Commissioners Procurement Ordinance. County department's estimated budget for the lifetime of the contract is $180,000 this may not be indicative of future buying patterns. BACKGROUND Collier County has a diverse assortment of vehicles and equipment that on occasion require maintenance and repairs services, including providing parts and accessories that can only come from regional dealerships or specialty service companies. These services augment the Fleet Division maintenance personnel as there may be some specialty areas that are beyond the capabilities, scope, or efficiencies of the Fleet Management Division. Those services/repairs may include, but not be limited, labor, diagnostics, and purchases of repair parts/accessories and other items. On these occasions, prearranged service agreements are needed to expedite repairs and lessen equipment downtime. The purpose of this solicitation is to acquire agreements from select awardees to furnish the stated services/repairs and/or parts/accessories. TERM OF CONTRACT The contract term, if an award(s) is/are made is intended to be for three (3) years with two (2) one (1) year renewal options. Prices shall remain firm for the initial term of this contract. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. The County Manager, or designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to compl with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the foods by the COUNTY nonetheless remain with VENDOR. AWARD CRITERIA ITB award criteria are as follows: • The County's Procurement Services Division reserves the right to clarify a vendor's submittal prior to the award of the solicitation. • For the purposes of determining the winning bidder, the County will select the vendor with the lowest labor rate as outline below: Category A: Lowest Labor Rate Category Be. Lowest Labor Rate • Collier County reserves the right to select one, or more than one supplier, award on aline item basis, establish a pool for quoting, or other options that represents the best value to the County; however, it is the intent to: Identify Primary; Secondary and Tertiary Awardees, on a line by line basis per Category. • The County reserves the right to issue a formal contract or standard County Purchase Order for the award of this solicitation. • The Bid Schedule is not intended to be all inclusive. During the teen of the contract, the County reserves the right to request bid(s) for additional manufactures. Additional bid(s) shall meet or exceed the same bid requirements stated in this solicitation. The County may purchase any necessary parts/accessories available from the awarded vendor's product line. DETAILED SCOPE OF WORK The intent of this solicitation is to award multiple vendors so that it retains a multitude of Original Equipment Manufacturers (OEM) representatives to complete services and repairs, including parts and accessories, to its vehicle and fleet equipment, on an as needed basis. If there are multiple vendors who represent the salve OEM, the County will select the vendor with the lowest labor rate, unless that vendor cannot complete repairs in the timeframe required by the County. Work will vary from minor to major mechanical work. Work Provisions may include: l . Provide services and repairs, including parts and accessories according to the OEM specifications and to be completed in a quality manner. If an OEM equivalent part can be used and not affect current warranty terms, then the equivalent part may be approved by the Fleet Division in writing. 2. Provide for standard warranty of labor and/or parts/accessories purchased. 3. Provide all material, labor and equipment necessary in performing services in connection with repair and/or maintenance of County vehicles/equipment. 4. Provide an invoice which includes the following: a. Vehicle VIN number, County asset number and description; b. Purchase Order number; c. Number of labor hours and hourly rate and extended to the total labor- cost for the service/repair; d. Manufacturers Suggested Retail Pricing (MSRP) cost for parts/accessories provided minus the discount and extended to the total materials cost. If the MSRP is not listed on the invoice, the vendor must identify a price list source for price comparisons. e. Mileage: If applicable, number of miles with rate for pick-up and/or delivery of disabled or repaired vehicle/equipment and the total number of miles and extended to the total cost of mileage. 5. The vendor shall provide secure storage of the County's vehicles, heavy equipment and machinery sent for repair. Secure storage is defined as an area or areas that will prevent damage from acts of vandalism, criminal damage, theft, or weather. Bid Schedule Instructions: l . Category A: A vehicle/equipment which is serviced at the vendors place of business. The labor rate is to be inclusive of all wages, overhead, profit, indirect costs, and miscellaneous shop supplies. State and Federal mandated fees i.e. pollution and environmental fees are allowed on certain parts and services and are considered passthrough charges. 2. Category B: "Road Call" a vehicle/equipment which is serviced at any location which is not at the vendors place of business, this may include any Collier County Property, Collier County job sites or at the location the vehicle/equipment is deemed disabled. The labor rate is to be inclusive of all wages, overhead, profit, indirect costs, miscellaneous shop supplies, fuel and travel expenses. State and Federal mandated fees i.e. pollution and environmental fees are allowed on certain parts and services and are considered passthrough charges 3. Discount on parts and/or accessories will be for billing purposes and will not be considered as part of the award. If a vendor has an existing contract with Collier County for parts and/or accessories, then the existing discounted rate will be honored for all items purchased during services/repairs under the resultant award, unless a higher discount rate is offered in ITB #20-7780. 4. Mileage is the price per mile for pick-up and/or delivery of vehicle and/or equipment. This is only for billing purposes and will not be considered as part of the award. 5. Additional Manufacturers: List any additional manufacturers and the pertaining rates at the bottom of the Bid Schedule. Thiiindefinite term contract with no guaranteed volume, minimum or maxi ss an te quantity mum of quantity to be purchased. ' ' 'Vendor should check off each of the following items as the necessary action is completed (please see, Vendor Check List) 01%e01" 8/28/2020 DPX Form Supplier Response Form 1. PURPOSE/OBJECTIVE GENERAL BID INSTRUCTIONS As requested by the Collier County departments or divisions identified, the Collier County Board of County Commissioners Procurement Services Division (hereinafter, the County) has Issued this Invitation to Bid (hereinafter, the "ITB", or "Bid") with the sole purpose and intent of obtaining bid responses from interested and qualified Firms/Vendors/Contractors in accordance with the terms, conditions, and specifications stated and/or attached hereinlhereto. The successful Vendor will hereinafter be referred to as the "Vendor". submitted on the Bid forms furnished by the County deemed non -responsive if the Bid forms are not properl instructions very carefully, as any misinterpretation or failur submitted as being rejected as non -responsive. 2. QUESTIONS All bids must be noted in Attachments of this ITB. Bidder may be y executed. Vendor is responsible to read and follow the e to comply with these instructions could lead to the bid 2.1 Direct questions related to this Bid to the Collier County Procurement Services Division Online Bidding System website: https://www.bidsync.com/bidsyno-cas/. 2.2 Bidders must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Procurement Services Division Online Bidding System website. For general questions, please call the referenced Procurement Strategist noted on the cover page. Bidders must be in strict compliance with this ITB. Failure to comply with all provisions of the ITB inay result in disqualification. 4. A,MBIGUITY, CONFLICT, OR OTHER ERRORS IN THE R It is the sole responsibility of the vendor- if they discover any ambiguity, conflict, discrepancy, omission or other error in the ITB, to immediately notify the Procurement Professional, noted herein, of such error in writing and request modification or clarification of the document prior to subnutting the bid. The Procurement Professional will make modifications by issuing a written revision and will give written notice to all parties who have received this ITB from the Procurement Services Division. '-'--- -1 Vendors must provide price period of one hundred and County Commissioners, prig 6. ALTERNATE ;s using the unit of measure specified by the County. All prices will remain firm for a eighty (180) calendar days from date of bid onenin�. After award by the Board of yes may only be adjusted as outlined. In the event that alternate pricing is requested, it is an expressed requirement of the bid to provide pricing for all alternates as listed. The omission of a response or a no -bid or lack of a submitted price may be the basis for the rejection of the submitted bid response. All bids respons considered technically non -responsive. 7. EQUAL PRODUCT es received without pricing for all alternates as listed maybe Manufacturer's name, brand name and/or model number are used in these specifications for the purpose of establishing minimum requirements of level of quality, standards of performance and/or design required, and is in no way intended to prohibit the bidding of other manufacturer's items of equal or similar material. An equal or similar product may be bid, provided that the product is found by the County to be equal or similar in quality, standard of performance, design, etc. to the item specified. Where an equal or similar is bid, the Bid must be accompanied with two (2) complete sets of factory information sheets (specifications, brochures, etc.) and test results, if applicable, of unit bid as equal or similar. Equal product samples, if required for evaluation, and at no cost to the County, the Vendor must contact the Procurement Services Division for instructions on submittal. The County shall be sole fudge of equality or similarity, and its decision shall be final in the best interest. 8. DISCOUNT Any discounts or terms must be shown on the Bid form. Such discounts, if any, inay be considered in the award of tie bids. In no instance should payment terms less than fifteen (15) calendar days be offered. https://www.bidsync.com/DPXViewer/Invitation_to_Bid_ITB_Instructions_Form_022820_8306395.htm?ac=supresponse&auc=2060824&docid=83081... 1 /11 8/28/2020 ' � 11 1• DPX Form The County reserves the right to formally amend and/or clarify the solicitation where it deems necessary. Any such addendum/clarification shall be in writing and notifications shall be distributed electronically to all parties who received the original bid specifications prior to the deadline for submission of Bids. A11 changes to this ITB will be conveyed electronically through a notice of addendum or questions and answers to all Vendors registered under the applicable commodity codes) at the time when the original ITB was released, as well as those Vendors who downloaded the ITB document. All addendums are posted on the Collier County Procurement Services Division Online Bidding System website: hops://u�vvw.bidsync.corn/bidsync-cas/. Before submitting a bid response, please snake sure that you have read all documents provided, understood clearly and complied completely with any changes stated in the addenda as failure to do so may result in deeming your submittal non -responsive. 10. BID SUBMISSION All electronic bids shall be submitted online via the Collier County Procurement Services Division Online Bidding System: hops://wvvw.bidsync.com/bidsync-cas/ 11. QUESTIONS If the Vendor should be of the opinion that the meaning of any part of the Bid Document is doubtful, obscure or contains errors or omissions it should report such opinion to the Procurement Strategist before the bid opening date. Direct questions related to this ITB only to the Collier County Procurement Services Division Internet website: . Questions will not be answered after the date and time noted. Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Procurement Services Division Online Bidding System website. For general questions, please call the referenced Procurement Shategist identified in the Public Notice. TS PR URE 12.1 Any Vendor who alleges to be aggrieved in connection with the solicitation or award of a contract, may protest to the Procurement Services Director, who shall serve as the sole receipt of the any and all notices of Intent to protest and all foi�nal protests. 12.2 With respect to a protest of the terms, conditions and specifications contained in a solicitation, including any provisions governing the methods for evaluation of bids, proposals or replies, awarding contracts, reserving rights for further negotiation or modifying or amending any contract, the protesting party shall file a notice of intent to protest within three (3) days, excluding weekends and County holidays, after the first publication, whether by posting or formal advertisement of the solicitation. The formal written protest shall be filed within five (5) days of the date the notice of intent is filed. Formal protests of the terms, conditions and specifications shall contain all of the information required for the Procurement Services Director, to render a decision on the formal protest and detei�nine whether postponement of the bid opening or proposal/response closing time is appropriate. The Procurement Services Director's decision shall be considered final and conclusive unless the protesting party files an appeal of the Procurement Services Director's decision. 12.3 Any actual proposer or respondent to who desires to protest a recommended contract award shall submit a notice of intent to protest to the Procurement Services Director within three (3) calendar days, excluding weekends and Coluity holidays, from the date of the initial posting of the recommended award. 12.4 All formal protests with respect to a recommended contract award shall be submitted in v�n-iting to the Procurement Services Director for a decision. Said protests shall be submitted within five (5) calendar days, excluding weekends and County holidays, from the date that the notice of intent to protest is received by the Procurement Services Director, and accompanied by the required fee. 12.5 Complete instructions for formal protest are set forth in Section 23 of Collier County Procurement Ordinance 2017-08, as amended. The protesting party must have standing as defined by established Florida case law to maintain a protest. 13. IMMIGRATION AFFIDAVIT CERTIFICA 13.1 Statutes and executive orders require employers to abide by the inunigation laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) m partnership with the Social Security Administration (SSA), provides an Internet -based means of venfymg employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility vei7fication requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (ITB) including professional services and construction services. (1) Exceptions to the program: (a) Commodity based procurement where no services are provided. hops://www.bidsync.com/DPXViewer/Invitation_to_Bid_ITB_Instructions_Form_022820_8306395.htm?ac=supresponse&auc=2060824&docid=83081... 2/11 8/28/2020 DPX Form (b) Where the requirement for the affidavit is waived by the Board of County Commissioners. FAIL PROI 13.2 Vendors are required to be enrolled in the E-Verify program at the time of submission of the bid. Acceptable evidence of your eruolhnent consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the coin any which will be�produced at the time of the submission of the Vendor's proposaUbid or within five (S�day of the County s Notice of Recommend Award. 13.3 Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. 13.4 For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: https//wvvw.dhs.gov/E-Verify_. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. 13.5 Vendor acknowledges, and without exception or stipulation, any finn(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq, and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firnl(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 14. LOBBYING After the issuance of any solicitation, no current or prospective Vendor or any person acting on their behalf, shall contact, communicate with or discuss any matter relating to the solicitation with any Collier County employee or elected or appointed official, other than the Procurement Services Director or his/her designees. This prohibition ends upon execution of the final contract or upon cancellation of the solicitation. Any current or prospective Vendor• that lobbies any Collier County employee or elected or appointed official while a solicitation is open or being recommended for award (i) may be deemed ineligible for award of that solicitation by the Procurement Services Director, and (ii) will be subject to Suspension and Debarment outlined in section Twenty -Eight of Procurement Ordinance 2017-08, as amended. 15. CERTIFICATE OF AUTHORITY TO CONDUCT BUSINESS IN THE STATE OF FLORIDA (FL STATUTE 607.1501) In order to be considered for award, firms must be registered with the Florida Deparhnent of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.org/search.html) prior to execution of a contract. A copy of the document should be submitted with the solicitation response and the document number should be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (S) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 16. LOCAL VENDOR PREFERENCE (LVP), Any Vendor claiming local vendor preference must complete the required form and submit a Collier or Lee Business Tax receipt with their submission. 17. GENERAL INFORMATION When it is deemed by the County that a bid cannot be awarded as originally intended, the County reserves the right to award this bid through an approach which is the best interest of the County. Alternate bids will not be considered unless authorized by the ITB. In case of identical bids tying as low bid, the County shall conduct a random selection (coin toss) by the Procurement Services Director before at least three witnesses. . , 1 � ��-.1 Award shall be made in a manner consistent with the Counry's Procurement Ordinance. Award recommendations will be posted on the Collier County Procurement Services Online Bidding system Online Bidding system website: https://www.bidsync.com/bidsync-cas/. 19. RESERVED RI Collier County reserves its right in any solicitation to accept or reject any or all bids, proposals or offers; to waive minor irregularities and techn.icalrties; or to request resubmission. Also, Collier County reserves the right to accept all or• any part of any bid, proposal, or offer and to increase or decrease quantities to meet the additional or reduced requirements of Collier County. Collier County reserves its right to cancel, extend or modify any or all bids, https:I/www.bidsync.coin/DPXViewer/Invitation_to_Bid_ITB_Instructions_Form_022820_8306395.htm?ac=supresponse&auc=2060824&docid=83081... 3/11 8/28/2020 DPX Form 20. proposals or offers; to award to one or more vendors; to award all or part of a solicitation; and to award by individual line items when it is deemed to be in the best Interest of the County. Collier County reserves its right to reject any sole response. • 1 QUIREMENTS 20.1 The Vendor shall at its own expense, caYTy and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Vendor shall be required to provide the Certificate of Insurances) with the limits set forth in the solicitation within five (S) days upon notification of selection for award. If the Vendor cannot provide the document within the referenced timefiame, the County reserves the right to award to another Vendor: The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. 20.2 The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include snnilar waivers in their contracts. 20.3 Collier County shall be responsible for purchasing and maintaining, its own liability insurance. 20.4 Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." 20.5 The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. 20.6 Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida 20.7 The amounts and types of insurance coverage shall conform to the minimum requirements set forth in Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or• their equivalents. If Vendor has any self -Insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must Identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self -insured retentions or deductibles will be Vendor's sole i-esponsibility. 20.8 Coverages) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. 20.9 The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non -renewal on the part of the insurance Garner or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Vendor from rts insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction m the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 20.10 Should at any time the Vendor not maintain the insurance coverages) required herein, the County may terminate the Ag� Bement or at its sole discretion shall be author7zed to purchase such coverages) and charge the Vendor for such coverages) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under the Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to ptuchase such insurance, nor shall it be responsible for the coverages) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverages) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. https://www.bidsync.coin/DPXViewer/Invitation_to_Bid_ITB_Instructions_Form_022820_8306395.htm?ac=supresponse&auc=2060824&docid=83081,.. 4/11 8/28/2020 DPX Form 20.11 If the initial or any subsequently issued Certificate of Insurance expires prior to the com letion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s�of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal cer-tificate(s) shall be considered justification for the County to terminate any and all contracts. 21. ADD ITEMSAND/OR SERVICE Additional items and/or services may be added to the resultant contract, or purchase order, in compliance with the Procurement Ordinance. 22. VENDOR P. ON The County has implemented a Vendor Performance Evaluation System for all contracts awarded hl excess of $25,000. The County reserves the right to take into consideration a Vendor's past performance under a prior or current County contract when it is considering the granting of a new contract, the assignment of a work order, or any additional work. CE 23. ADDITIONAL TERMS AND CONDITIONS OF CONTRACT 23.1 The selected Vendor may be required to sign a standard Collier County contract or accept the County's Purchase Order teens and conditions to serve as a formal contact. 23.2 The resultant contracts) may include purchase or work orders issued by the County's Project Manager (a/k/a Contract Admiiustrative Agent). 23.3 The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract rs available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements other documents or agree to any exceptions to the County's terms and conditions provided by the Vendor. 23.4 The County's Project Manager shall coordinate with the Vendor /Contractor the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work. 24. PUBLIC RECORDS COMPLIANCE 24.1 Florida Public Records Law Chapter 119, including specifically those contractual requirements in 119.0701(2)(a)-(b) as follows: 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 l U2 Naples, FL 34112-5746 Telephone: (239) 2S2-S383 24.2 The Contractor must specifically comply with the Florida Public Records Law to: 24.2.1 Keep and maintain public records required by the public agency to perform the service. 24.2.2 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. 24.2.3 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. 24.2.4 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 https://www.bidsync.com/DPXViewer/Invitation_to_Bid_ITB_Instructions_Form_022820_8306395.htm?ac=supresponse&auc=2060824&docid=83081... 5/11 8/28/2020 DPX Form public agency's custodian of public i-ecords, in a foi�nat that is compatible with the information technology systems of the public agency. 25. PAYME TH Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor's invoices must include: Purchase Order Number and description and quantities of the goods or services provided per instructions on the County's purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk's Finance Depat-tment ATTN: Accounts Payable 3299 Tamiami Trail East, Suite 700 Naples FL 34112 Or Emailed to: bccapclerk��collierclerk.com 25.1 Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under the agreement. 25.2 In instances where the successful Vendor inay owe debts (including, but not li.inited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 25.3 Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Govei�rrient Prompt Payment Act." Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 26. ENVIRONMENTAL HEALTH AND SAFETY 26.1 All Vendors and Sub Vendors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub Vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the worl{ site. All firewall penetrations i�nust be protected in order to meet Fire Codes. 26.2 Collier County Government has authorized OSHA representatives to enter any Collier County facility, �roperry and/or right-of-way for the purpose of inspection of any Vendor's work operations. This provision isnon-negotiable by any deparhnent and/or Vendor. 26.3 All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. 26.4 A11 electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 27. LICENSES 27.1 The Vendor is required to possess the correct Business Tax Recei t, professional license, and any other authorizations necessary to carry out and per -form the work required y the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response Indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work Included in the contract documents. Failure on the part of any Vendor to submit the requited documentation may be grounds to DEEM VENDOR NON -RESPONSIVE. A Vendor, with an office within Collier County is also required to have an occupational license. 27.2 All State Certified contractors who inay need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain "active" in Collier County. 27.3 If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required occupational licenses, please contact the Tax Collector's Office at (239) 252-2477. https://www.bidsync.com/DPXViewer/Invitation_to_Bid_ITB_Instructions_Form_022820_8306395.htm?ac=supresponse&auc=2060824&docid=83081... 6/11 8/28/2020 SURVIVABILITY DPX Form 30. 31. The Vendor• agrees that any Purchase Order/Work Order/Solicitation Documents that extends beyond the expiration date of the orginal Solicitation will survive and remain subs ect to the terms and conditions of that Agreement until the completion or termination. �F COUNTY It is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor, and that neither the Vendor nor their employees shall, under any circumstances, be considered employees or. agents of. the County, and that the County shall be at no trine legally responsible for any negligence on the part of said Vendor their employees or agents, resulting in either• bodily or personal injury or property damage to any individual, firm, or corporation. TERMINATION Should the Vendor be found to have failed to perform services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge ofnon-performance. In the event that the award of this solicitation is made by the Procurement Services Director, the award and any resultant purchase orders may be terminated at any time by the County upon thirty (30) days written notice to the awarded vendors) pursuant to the Board's Procurement Ordinance. LIC E A person or affiliate who has been placed on the convicted Vendor list following a conviction for a public entity creme may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; inay not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or vendor under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted Vendor list. 32. SECURITY AND BACKGROUND CHECKS 32.1 The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five 5 ears and the Contractor shall be responsible for• all associated costs. If required Contractor ( )y 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, checl�ing federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment vei�fications 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. 32.2 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. 32.3 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. 32.4 CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the vendor is responsible for all costs. 33. CONFLICT OF Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this ITB document. Disclosure of any potential or actual conflict of interest is subject to Coiu�ty staff review and does not in and of itself disqualify a Vendor from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 34. PROHIBITION OF GIFTS TO CO No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may https://www.bidsync.com/DPXViewer/Invitation_to_Bid_ITB_Instructions_Form_022820_8306395.htm?ac=supresponse&auc=2060824&docid=83081... 7/11 8/28/2020 DPX Form result in one or snore 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 pei•�od of time; b. Prohibition by the individual and/or firm from doing business with the County far a specified period of time, including but not limited to: submitting bids, ITB, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. CTI OR _1�F 1? T CE The County reserves the right to deduct a portion of any invoice for goods not delivered, or services no in accordance with requirements, including required timeframe. The County inay also deduct, or ch Vendor the costs necessary to correct the deficienci 36. OFFER EXTENDED T es directly related to the Vendor's non-performance. [ENTAL ENTITIES t performed argeback the Collier County encourages and agrees to the successful vendor extending the pricing, terns and conditions of this solicitation or resultant contract to other goverrunental entities at the discretion of the successful vendor. 37. FLORIDA WOOD PRODUCTS The Vendor agrees to comply with Florida Statute 255.20 to provide lumber, timber and other forest products produced and manufactured in the State of Florida as long as the price, fitness and quality are equal. 38. STA►NDARDS OF CONDUCT The Vendor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subs ect to the American with Disabilities Act, Vendor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Vendor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 39. PROTECTION OF PROPERTY 41. The Vendor shall ensure that the service is performed in such manner as to not damage any property. In the event damage occurs to any property as a direct result of the Vendor or their Sub vendor in the performance of the required service, the Vendor shall repair/replace, to the County's satisfaction, damaged property at no additional cost to the County. If the damage caused by the Vendor or their Sub vendor• has to be repaired/replaced by the County, the cost of such work will be deducted from the monies due the Vendor. The County's prod ect manager shall coordinate with the Vendor the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work. COLLIER COUNTY INFORMATION TECHNOLOGY REQUIREMENTS All vendor access will be done via VPN access only. All access must comply with current published County Manager Agency (CMA) policies. Current policies that apply are CMAs 5402, 5403 and 5405. These policies will be available upon request from the Information Technology Department. All vendors will be required to adhere to IT policies for access to the County network. Vendors are required to notify the County in writing twenty-four (24) hours in advance as to when access to the network is planned. Included in this request must be a detailed work plan with actions that will be taken at the time of access. The County IT Deparkment has developed a Technical Architecture Reauirementr nnr.�AmPnt_ iF TRAFFIC POLI For all rojects that are conducted within a Collier County Right -of Way, the Vendor shall provide and erect Traffic Contro Devices as prescribed in the current edition of the Manual on Uniform Traffic Control Devices (MCJTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards (DS) on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through the Risk Management and/or Procurement Services Division and are available on-line at colliergov.net/purchasing. The Vendor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway &Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. DEBRIS Vendor shall be responsible for the removal and disposal of all debris from the site and the cleaning of the affected areas. Vendor shall keep the premises free of debris and unusable materials resulting from their work and as work progresses; or upon the request of the County's representative, shall remove and dispose such debris and materials from the property. The Vendor shall leave all affected areas as they were prior to beginning work. https://www.bidsync.com/DPXViewer/Invitation_to_Bid_ITB_Instructions_Form_022820_8306395.htm?ac=supresponse&auc=2060824&docid=83081... 8/11 8/28/2020 T MA L PURCHASE DPX Form 43.1 The County reserves the right to require Vendor to assign some or all of its agreements with material suppliers directly to the County. Any such goods and/or materials purchased by the Coiulty pursuant to such an assignment of a material supply agreement shall be referred to as "County Furnished Materials" and the responsibilities of both the County and the Vendor relating to said materials shall be governed by the terms and conditions of this solicitation. Additionally, the County at its sole option may choose to purchase some or all of the goods and/or materials from other suppliers. In either instance the County may require the following information from the Vendor: 43.1.1 Required quantities of inatei•ial 43.1.2 Specifications relating to goods and/or materials required for job including brand and/or model number or type if applicable 43.1.3 Pricing and availability of goods and/or materials provided under Vendor's agreements with material suppliers 44. GRANT COMPLIANCE The purchase of any goods and/or services that are funded through Federal Grant Appropriations, the State of Florida, or any other public or private foundations shall be subject to the compliance and reporting requirements of the granting agency. The Vendor• agrees include with the bid submission all the completed and fully executed Grant documents provided as an attachment to the solicitation, or you may BE DEEMED NON -RESPONSIVE. 45. EQUIPMENT Vendor shall have available and in good working condition, the necessary equipment to perform the required service. If required by the County, the Vendor shall supply a list of equipment and an hourly rate for each. Hourly rates will commence once equipment arrives at the service site, unless otherwise agreed in writing by the Project Manager. In the event that additional specialized and/or heavy equipment (backhoe, crane, rnudhog, etc.) is needed, the Project Manager must be notified rn advance for approval. The rerinbursement of additional equipment expense shall be at cost and will commence once equipment arrives at the service site, unless otherwise agreed in writing by the Project Manager. The County reserves the right to request and obtain documentation of the Vendor's cost for time and material prod ects, and to withhold payments until documentation is provided. All County -purchased equipment must be new and of current manufacture in production at the time of bid opening, and carry industry standard warranties. At the time of delivery, at least two (2) complete shop repair manuals and parts lists must be furnished with each type of equipment. Vendor must service all equipment prior to delivery and/or acceptance by the County. The scope of these specifications is to ensure the delivery of a complete unit ready for operation. Omission of any essential detail from these specifications does not relieve the Vendor from furnishing a complete unit. 46. STORAGE TANK INSTALLATION AND CLOSURE REQ UIR.EME.NTS (43-46 where applicable) The contractor shall ensure compliance with all NFPA regulations: specifically, 110 & 30/30A; FDEP chapter 62 regulations: specifically, 761, 762, 777, and 780; 376 & 403 F1oi•ida Statutes; and STI, UL, PEI, ASI��IE, NACE, NLPA, NIST &API referenced standards pertaining to the storage of hazardous materials and petroleum products. The contractor shall notify the Solid& Hazardous Waste Management Department (SHWMD) prior to the installation, removal, or maintenance of any storage tank, Including day tanks for• generators, storing /will be storing petroleum products or hazardous materials. The contractor shall provide a 10 day and 48-hour notice to SAD 239-252-2508 prior to commencement. The contractor shall provide the plans pertaining to the storage tank systems containing hazardous materials / petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to contractor's submittal for permitting. -761.300 APPLICABILITY 47.1 General Requirements: 47.1.1 Underground storage tank systems: The requirements of this Chapter, unless specified otherwise apply to owners and operators of facilities, or owners and operators of UST systems with Individual storage tank capacities greater than 110 gallons that contain or contained: (1) Vehicular fuel, subject to Chapter 17-61, F.A.C., after May 21, 1984 (2) Pollutants or• hazardous substances after December 10, 1990; or (3) Regulated substances in uninaintained storage tank systems. https://www.bidsync.com/DPXViewer/Invitation_to_Bid_ITB_Instructions_Form_022820_8306395.htm?ac=supresponse&auc=2060824&docid=83081... 9/11 8/28/2020 DPX Form �; 47.1.2 This rule is applicable to non-residential facilities. Under 40 C.F.R. 280, residential tanks greater than 1100 gallons containing motor fuels are subject to Federal UST rules (advisory information only -not required by this Chapter). 62-762.301., F APPLICABILITY 48.1 General Requirements: 48.1.1 Aboveground storage tank systems: The requirements of this chapter, unless specified otherwise, apply to owners and operators of facilities, or owners and operators of aboveground stationary storage tank systems with individual storage tank capacities greater than 550 gallons that contain or contained: Vehicular fuel, subject to Chapter 17-61, F.A. C., after May 21, 19 84 (1) Vehicular fuel, subject to Chapter 17-61, F.A.C., after May 21, 1984; (2) Pollutants after March 12, 1991; or (3) Pollutants in unmaintained storage tank systems. 48.1.2 Aboveground compression vessels and hazardous substance storage tank systems: Owners and operators of compression vessels and hazardous substance storage tanks with capacities of greater than 110 gallons containing hazardous substances are only required to comply with subsections 62-762.401(1)-(2), F.A.C. 48.1.3 Aboveground mineral acid storage tank systems: Owners and operators of facilities, or owners and operators of aboveground mineral acid storage ties of greater than 110 gallons containing mineral acids are only requir-762.891, F.A.C. TION PREVENT= tank systems with capaci ed to comply with Rule 62 The Vendor is required to implement industry relevant pollution prevention and best management practices. Should pollution incidents occur, Collier County Pollution Control must be notified immediately. 50. DEFINITIONS 62-761 200 11 d 62 762 201 16 F • " ( ) an - ( ), .A.C.. County means a locally administered program under contract with the Department to perform compliance verification activities at facilities with storage tank systems. 62-761.200(48) and 62-762.201(62), F.A.C.: "Pollutants" includes any "product" as defined i�z Section 3 77.19(11), F.S., pesticides, ammonia, chlorine and derivatives thereof, excluding liquefied petroleum gas. 62-761.200(51) and 62-762.201(65), F.A.C.: "P�oduci" as defined in Section 377.19(11), F.S., means any conunodity made from oil or gas and includes refined crude oil, crude tops, topped crude, processed crude petroleum, residue from crude petroleum, cracking stock, uncracked fuel oil, fuel oil, treated crude oil, residuum, gas oil, casing head gasoline, natural gas gasolene, naphtha, distillate, condensate, gasoline, used oil, kerosene, benzene, Wash oil, blended gasoline, lubricating oil, blends or mixtures of oil with one or more liquid products or byproducts derived from oil or gas, and blends or nuxtures of two or more liquid products or byproducts derived from oil or gas, whether hereinabove enumerated or not. 62-761(73) and 62-762(84), F.A.C.: "Vehicular fuel" means a petroleum product used to fiuel motor vehicles, including aircraft, watercraft and vehicles used on and off roads and rails. Certification: The Vendor hereby agrees to comply with the instructions above, by submission of a bid/proposal. Please enter your password below and click Save to update your response. Please be aware that typing in your password acts as your electronic signature, which is just as legal and binding as an original signature. (See Electronic Signatures in Global and National Commerce Act for more information.) To take exception: 1) Click Take Exception. 2) Create a Word document detailing your exceptions. 3) Upload exceptions as an attachment to your offer on BidSync's system. By completing this form, your bid has not yet been submitted. Please click on the place offer button to finish filling out your bid. Username ferry@etrllc.org Password https://www.bidsync.com/DPXViewer/Invitation_to_Bid_ITB_Instructions_Form_022820_8306395.htm?ac=supresponse&auc=2060824&docid=8308... 10/11 8/28/2020 �� Take Exception aH..��.��.��q��,..,�X.�.. s DPX Form Close � Required fields https://www.bidsync.com/DPXViewer/Invitation to_Bid_ITB_Instructions_Form_022820_8306395.htm?ac=supresponse&auc=2060824&docid=8308... 11 /11 8/28/2020 Agency Bid Solicitation #20=7780 - Fleet Vehicle and Equipment Maintenance and Repair Services Q & A deadline: Aug 21, 2020 5:00:00 PM EDT 1. 20-7780 - Fleet Vehicle and Equipment Maintenance and Repair Services Hello, Print 3 Questions 0 Unanswered Questions downloaded the bid form and I didn't see that there's any vehicle lifts or garage equipment. Is this something that is covered in this bid or is it a different solicitation? - Aug 09, 2020 2:20:08 PM EDT Answer -Aug 10, 2020 5:26:34 PM EDT Lifts and shop equipment will be covered in other solicitations. 2. 20=7780 - Fleet Vehicle and Equipment Maintenance and Repair Services Hello, Does this include forklifts and other material handling equipment services, repairs or new products? Please advise. Thank you. Richard DiVeronica American Battery Co. - Aug 10, 2020 8:45:12 AM EDT Answer -Aug 10, 2020 5:26:34 PM EDT Yes forklifts services is covered, but not new purchases. .........._ .___ _ _.._ . ..__.. 3. 20-7780 -Fleet Vehicle and Equipment Maintenance and Repair Services 1) Is there an amount of and type of Fleet vehicles that can be supplied to vendors prior to this bid offer? 2) Are Preventive Maintenance schedules included in the services? 3) Are Fire and Police vehicles included in this Solicitation, if so, what are the brand and types? - Aug 10, 2020 10:33:00 AM EDT Answer -Aug 10, 2020 5:26:34 PM EDT 1) If a manufacturer is not listed on the bid tab, the bidder can add it to the list. 2} Preventive maintenance and preventive maintenance repairs are covered in this solicitation. 3) Police and Fire are not included in Collier CountyaC [is fleet, but other entities may utilize this solicitation. ap.26t�AKi�+i11^�.•_'nii�ilia�9.bJFbbL1:SfTA±Gn?� tb'aN•WSblAWAs.MtiAw'.xAl1�gR.:.. .- Results Per Page: �'�....v https://app.bidsync.corn/bid-detail/agency-bid/2060824 1/1 Insunnec/B.000TY.pe Required Limits 1. Worker's compensation Statutory ;Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory limits and Requirements 2. Employer's Liability 3- Cornnwxcial General Liability (Occurrence Form) patterned after the current ISO form 4. 0 .lodeinnification 5. 0 Automobile Liability single limit per occurrence Bodi4' Injury and Property Damage 1,00 1,00Q—single limit per occurrence; $2,000,000 aggregate for Bodily Injury Liability and Property.Dajnage Liability. This shall include Premises and Operations; Independent Contractors, Products and Cosrapleted Operations and Contractual l ,.al?lity. To fhe tnaxiMUM extent perinitted by Florida law, the ContractovVendor shall defend, indemnify and hold harmless Collier County, its officers and employees frorn any and all liabilities, damages, losses any costs; .including, but not 3imited to, reasonable attorneys' fees and parMegals' fees, to the extent.caused by the negligence, recklessness; or intentionally wrongful conduct of the Contractor! Vendor or anyone omptoyed or utilized by the CdntractoriVendor in the performance of this Agreement. S. 1,000,€ 00 Each. Occurrence; Bodily injury & Property Damage, Owned./Non-ownedfHired; Automobile included 5. Other .insurance as noted: Watercraft $ 'Per Occurrence ® United States Longshoreman's 8€1d farborworker`s Act.coverage shall be rnaintained where applicable to the completiori of the work, S Per Occurrence E Iiil<aritirne Coverage (Jones Act) shali be. maintahied where applicable to the completion of the work. S Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits ofnot less -than $5`1000,000 each occinTence if app.Iicable to the completion of the Services under this Agreement. Per Occurrence El Pollution Per Occurrence Q Professional Liability $ Per claim & in the aggregate �j Project Professional Liability Per Occurrence Valuable papers 'Insurance $ Per Occurrence ❑ Cyber Liability S Per Occurrence ❑ Technology Errors & Omissions S Per Occurrence 7. ] Bid bond Shall lie submitted with proposal response in the form of certified funds;.cashiers check or an irrevocable letter of credit, a casts bond.posted with the County Clerk, or proposal band in a sure equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board. of County C.ormnissioneis on a bank or trust company located in the State of Florida and insured by the Federal Deposit insurat€ce Corporation. S. El Performance and Payment F.or projects in excess ofMONO, bands shall be. submitted with the executerl,contract Bonds by Proposers receiving award, and written for 100% of the Contract awardamount,.the cast borne by the Proposer receiving art award. The Perf€irnance and Payment.Bonds shall be underwrittenby a surety authorized to do business in the State of Florida atnd otherwise acceptable to Owner-1 providedF bowever, the surety shall b' rated as 'A -" or better as to general pol icy lraiders rating, and Class V or higher rating as to. fin. Vlicia1 size category and the amount roquired. shall rrot exceed '5% of die reported policy molders' surplus, all as reported in file most current: Best Key Rating Guide, published by AAM, Best Company, Inc, of 7.5 Puiton Street; New York, Now York 1403$,. 9 Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The sane Vendor shall provide County with certificates of insurance.nneeting the required insurance provisions. It1. 0 Collier County must be named. as "ADDITIc NkL INSURED" on the Insurance. Certificate for Cornrrzercial General Liability where required. Ihis insurance shall be primary and non-contributory with respect to any ether insurance maintained by, or available forthe benefit -of, the Additional Insured and. tire: Vendor's policy:s all be endorsed accordingly. 1 I : EJ The Certificate Holder stall be named as Collier County Board of County Commissioners., OR, Board of County Commissioners in Collier County, OR Collier County Govemmont, OR Collier County. The Certificates of Insurance must state tb.ke Contract Number, or project Number, or specific Project description, ormust read: For wry and all work. performed on behalf of Collier County. 12, Z On all eer t f cats, the Certlfionte Holder mist rend: Colliery County lBoaM of CCutrty Comic. isssoners,.3295 Tarniami Trail .East; ]Maples, FL 34i 1.2 t a. �°fii.rty (3l)} �v� C�c�ilulit?n Notsce t-ecluired. 14: 7/1120 - CC Veodorgs Insurance 8tateme t e understand the insurance requirenieiita of these specifications and that the evidence of insurability may berequired within five (5) clays of the award of this solicitation, The insta Mice submitted must provide coverage for a rainlm' wn of six (b) yaorithsfr'orn the date of award. Name of Finn F T_ L 1 6 Date �'r Vendor Signature - Print Name Ze 6 klz,�,6 Insurwice Agency , P WozileL Agent Name � a{4 Tcloplicrne Nurnber cC. ERTIRCA T E OF U THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ON CERTIFICATE DOES NOT AFFIRMATIVELY OIL NEGATIVELY AMEN BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTIT REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the If SUBROGA1ION IS IMAIVED, subject to the terms and conditions of t this certificate does not Confer rights to the certificate holder in lieu of PRODUCER JD Fulwiler & Co., Insurance 5727 SW Macadam Portland OR 97239 INSURED ETRLLCO-01 ETR, LLC 212 Hickman Dr Sanford FL 32771 COVERAGES CAR fr'A j�B�I]TY il�llE�lp ♦1R /4 MCC DATE€PAMroDIYYYY) G�11 tl 11 Il l r! 7i U IN C� 912712019 LY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDEN. THIS D, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES UTE A CONTRACT BETWEEN TIDE ISSUING INSURER(S), AUTHORIZED policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. he policy, certain policies may require an endorsement. A statement on such endorsement(s). CONTACT NAME: Me an McGlohn PHONE IF AIC No Ext : 503-977-5659 - Alt No : 503-977-5859 aoDRRESS: mmc John@jdfulwiler.com INSURER(S) AFFORDING COVERAGE NAIC 9 INSURER A. Travelers Property Casuait Insurance Compan 36161 INSURERS: Travelers Casual Insurance Com an of America 19046 INSURER C: Travelers Property Casual Co of America 25674 INSURER D : INSURER E : INSURER F - TIFICAIE NUIVIBER:24447435 REVISION NUMBER: THIS !S TO CERTIFY THAT THE POLICIES O F INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUR INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE WSURANCE AFFORDED BY THE POLICIES DESCRIBE EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS ADI]L SUBR -TR TYPEOFINSURANCE iNSn WVO POLICYNUMBER MMIDIDIYYYY CY EFFPO ICYfYEXP YYY A X COMMERCIAL GENERAL LIABiLiTY 6365H916536 10/1/2019 1 10/112020 GLAMS-MADE E OCCUR 1 GEN'LAGGREGATE LIMITAPPLIES PER: POLICY 0 PRO- JECT LOG B AUTOMOBILELIABILITY C X ANY AUTO OWNED SCHEDULED AUTOS ONLY ❑ AUTOS HIRED If— .-fI NON -OWNED AUTOS ONLY AUTOS ONLY A X UMBRELLALIAB X OCCUR EXCESS LIAB A f WORKERS COMPENSATION i AND EMPLOYERS` LIABILITY in NH) be under B 1 Garage Liability C GKLL' DOL* GA5H91653517 i 10/1/2019 � 10/1/2020 AR3L963195 I 10/1 /2019 10/1/2029 ED NAMED ABOVE FOR THE POLICY PERIOD DOCUMENT WITH RESPECT TO WHICH THIS D HEREIN IS SUBJECT TO ALL THE TERMS, LIMITS EACH OCCURRENCE I $ 1,0 00,000 DAMAGE TO RENTED ff PREMISES Ea occurrence $ 300,000 MED EXP (Anyone person) $ 10,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE #$2,000,000 PRODUCTS - COMPIOP AG0,000 COMBINED SINGLE LIMIT j 000,000 Ea accident BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE I Per accident $ Medical Payments I $ 5,000 CLIP31-97482A 101112011 � 1111112120 EACH OCCURRENCE $ AGGREGATE $ UB61-1805926 11/13/2019 11/13/2020 rEL. SPER TATUTE 0RH Y!N ❑ NIA F1iCHACCIDENT $1,000,000DISEASE - EA EMPLOYEE $ 1,000,000 DISEASE -POLICY $1,000,0D0 i GA5H91653fi17 1011/2019 10/1/20211 OlherThen Auto Only � 1,000,000 AD3L963195 10/112019 1011/2020 OfherThanAufoAgg 3,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLE'S (ACORD 101, Additional Remarks Schedule, may he attached irmore space is required) As provided for in Section 320.02(5) (e) Florida Statutes, the listed insurance policies may not be cancelled on less than 30 days written notice by the insurer to the Dept. of Highway Safety & Motor Vehicles,such 30 days notice to commence from the data notice is received by the department. Notice of cancellation applies for Non -Payment of premium. Insured is licensed and insured for 5 (five) DEALER PLATES. See Attached... CERTIFICATE HOLDER CAN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION] DATE THEREOF, NOTICE WILL BE DELIVERED IN Dept. of Highway Safety & Motor Vehicles ACCORDANCE WITH THE POLICY PROVISIONS. Neil Kirkman Bldg A312 2900 Apalachee pkwy AUTHORIZED REPRESENTATIVE Tallahasee FL 32399 I O 1988-2015 ACORD CORPORATION, All rights reserved. ACORD 25 (2016I03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: ETRLLCO-01 LOC 4: ADOMONAL REMARKS SCHIEDULE ffzN Co., InsiJrance NAMED INSURED ETR, LLC 212 Hickman Dr Sanford FL 32771 NA1C CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADD1 T IONA1 REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE DEALERS OPEN LOT. Locations Insured: 1) 212 Hickman Dr. Sanford FL 32771 2) 255 Willingham Dr., Suite A. Juliette, CA 31046 Dealers Open Lot Limits Location 1: $2,800,000 Comprehensive $2,800,000 Collision Dealers Open Lot Limits Location 2: $200,000 Comprehensive $200,000 Collision Limit includes dealers, owned autos FL RATE:.217 per $100 in values GA RATE:.223 per $100 in values Deductible: Perils Deductible lies To: Perils Deductible Applies To: Earthquake thquaker DeDeductible, $2,500/$25,000 Perils Deductible Applies To: Windstorm and Hail Deductible: $5,000/No Max Flood Exclusion Applies COLLISIOiNJ: $1,000 Deductible JGARAGE KEEPERS: Locations Insured: 1) 212 Hickman Dr. Sanford FL 32771 2) 255 Willingham Dr., Suite A. Juliette, GA 31046 Garage Keepers Coverage Location 1: $1,200,000 Comprehensive $1,200,000 Collision Garage Keepers Coverage Location 2: $200,000 Comprehensive $200,Oo0 Collision FL RATE: .165 per $100 of values GA RATE:.137 per $100 of values Coverage Basis: Direct Primary Deductible: COMPREHENSIVE Perils Deductible Applies To: All Other Deductible: $1,0001$10 000 Perils Deductible Applies To: Earthquake Deductible: $2,500/$25,000 Perils Deductible Applies To: Windstorm and Hail Deductible: $5,000/No Max PIP: $10,000 ;'gage 1 of � ,�--•.� t4uvoru I) O2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: Y-630-5H916536-TIL-10 ISSUE DATE; 10-16_15 TH4S ENDORSEMENT CHANGES THE POUCYa PLEASE READ IT CAREFULLY. DESIGNATED ENT9TY - NOTICE OF CANCELLATIONMONRENEWAL PROVIDED BY U1, This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice of Cancellation: 10 NONRENEWAL: Number of Days Notice of Non renewal: 30 PERSON OR ORGANIZATION: DEPARTMENT OF HIGHWAY SAFETY & MOTOR VEHICLES ADDRESS: NEIL KIRYJW BLDG. A312 2900 APALACHEE PrpTy TALLAHASSEE, FL 32399 PROVISIONS: A. If we cancel this policy for any statutorily perrnit- ted reason other than nonpayment of premium, and a number of days is shown for cancellation in the schedule above, we will mail notice of cancel- lation to the person or organization shown in the schedule above. We will mail such notice to the address shown in the schedule above at least the number of days shown for cancellation in the schedule above before the effective date of can- cellation. �• If we decide to not renew this policy for any statu- torily permitted reason, and a number of days is shown for nonrenewal in the schedule above, we will mail notice of the nonrenewal to the person or organization shown in the schedule above. We will mail such notice to the address shown in the schedule above at least the number of days shown for nonrenewal in the schedule above be- fore the expiration date. IL T4 00 12 09 (P 2009 The Travelers Indemnity Company Page 1 of 1 EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS FEDERAL TRANSIT ADMINISTRATION CFDA 20.507 (URBANIZED AREA FORMULA FUNDING) CONTRACTOR COMPLIANCE OVERVIEW AND REQUIREMENTS 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. Per uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a contract. The services performed under 49 U.S.C. 5307 by the awarded Contractor shall be in compliance with all applicable grantor regulations/requirements and additional requirements specified in this document. 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 EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS FEDERAL CONTRACT PROVISIONS FLY AMERICA REQUIREMENTS (Applies to subcontracts The Contractor agrees to comply with the following: a) Definitions. As used in this clause-- • "International air transportation" means transportation by air between a place in the United States and a place outside the United States or between two places both of which are outside the United States. • "United States" means the 50 States, the District of Columbia, and outlying areas. • "U.S.-flag air carrier" means an air carrier holding a certificate under 49 U.S.C. Chapter 411. b) When Federal funds are used to fund travel, Section 5 of the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. 40118) (Fly America Act) requires contractors, recipients, and others use U.S.-flag air carriers for U.S. Government -financed international air transportation of personnel (and their personal effects) or property, to the extent that service by those carriers is available. It requires the Comptroller General of the United States, in the absence of satisfactory proof of the necessity for foreign -flag air transportation, to disallow expenditures from funds, appropriated or otherwise established for the account of the United States, for international air transportation secured aboard a foreign -flag air carrier if a U.S.-flag air carrier is available to provide such services. c) If available, the Contractor, in performing work under this contract, shall use U.S.-flag carriers for international air transportation of personnel (and their personal effects) or property. d) In the event that the Contractor selects a carrier other than a U.S.-flag air carrier for international air transportation, the Contractor shall include a statement on vouchers involving such transportation essentially as follows: Statement of Unavailability of U_S.-Flag Air Carriers International air transportation of persons (and their personal effects) or property by U.S.- flag air carrier was not available or it was necessary to use foreign -flag air carrier service for the following reasons. See FAR § 47.403. [State reasons]: e) The Contractor shall include the substance of this clause, including this paragraph (e), in each subcontract or purchase under this contract that may involve international air transportation. CARGO PREFERENCE REQUIREMENTS (Applies to subcontracts Use of United States -Flag Vessels - The contractor agrees: a. to use privately owned United States -Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States -Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on -board" commercial ocean bill -of -lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the case of a subcontractor's bill -of -lading.); and c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel. ENERGY CONSERVATION REQUIREMENTS (Apolies to subcontracts at every tier (Al2plies to subcontracts at every tier) FCP-2 EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. CLEAN AIR AND FEDERAL WATER POLLUTION CONTROL ACTS (Applies to subcontracts OVER 150,000 at every tier The Contractor agrees: 1) It will not use any violating facilities; 2) it will report the use of facilities placed on or likely to be placed on the U.S. EPA "List of Violating Facilities;" 3) It will report violations of use of prohibited facilities to FTA; and 4) It will comply with the inspection and other requirements of the Clean Air Act, as amended, (42 U.S.C. §§ 7401 — 7671q); and the Federal Water Pollution Control Act as amended, (33 U.S.C. §§ 1251-1387). 5) The Contractor also agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FTA. LOBBYING Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." 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 the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non -Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. ACCESS TO RECORDS AND REPORTS A lies to Subcontracts at every tier a. Record Retention. The Contractor will retain, and will require its subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, sub -agreements, leases, subcontracts, arrangements, other third party agreements of any type, and supporting materials related to those records. b. Retention Period. The Contractor agrees to comply with the record retention requirements in accordance with 2 C.F.R. § 200.333. The Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of at not less than three (3) 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 records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto. c. Access to Records. The Contractor agrees to provide sufficient access to FTA and its contractors to inspect and audit records and information related to performance of this contract as reasonably may be required. d. Access to the Sites of Performance. The Contractor agrees to permit FTA and its contractors access to the sites of performance under this contract as reasonably may be required. FEDERAL CHANGES Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. FCP-3 EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS RECYCLED PRODUCTS Recovered Materials The Contractor agrees to provide a preference for those products and services that conserve natural resources, protect the environment, and are energy efficient by complying with and facilitating compliance with Section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6962, and U.S. Environmental Protection Agency (U.S. EPA), "Comprehensive Procurement Guideline for Products Containing Recovered Materials," 40 C.F.R. part 247. The list of EPA -designated items is available at: htt s: www.e a. ov smm com rehensive- rocurement- uidelines-construction- products 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. NO GOVERNMENT OBLIGATION TO THIRD PARTIES (AP12lies to subcontracts at every tier (1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Recipient, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. PROGRAM FRAUD OR FALSE OR !FRAUDULENT STATEMENTS OR RELATED ACTS (Agplies to subcontracts at every tier (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et sec. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. chapter 53, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5323(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. TERMINATION Unless otherwise provided in this contract, should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the 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. I; CP-4 EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS DEBARMENT SUSPENSION INELIGIBILITY AND VOLUNTARY EXCLUSION (AP131jes to subcontracts) The Contractor shall comply and facilitate compliance with U.S. DOT regulations, "Nonprocurement Suspension and Debarment," 2 C.F.R. part 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S. OMB) "Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," 2 C.F.R. part 180. These provisions apply to each contract at any tier of $25,000 or more, and to each contract at any tier for a federally required audit (irrespective of the contract amount), and to each contract at any tier that must be approved by an FTA official irrespective of the contract amount. As such, the Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally funded contract and are not presently declared by any Federal department or agency to be: a) Debarred from participation in any federally assisted Award; b) Suspended from participation in any federally assisted Award; c) Proposed for debarment from participation in any federally assisted Award; d) Declared ineligible to participate in any federally assisted Award; e) Voluntarily excluded from participation in any federally assisted Award; or f) Disqualified from participation in ay federally assisted Award. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows The certification in this clause is a material representation of fact relied upon by the COUNTY. If it is later determined by the COUNTY that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the COUNTY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. part 180, subpart C, as supplemented by 2 C.F.R. part 1200, while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. PRIVACY ACT The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any contract: (1) The Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. (2) The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA. CIVIL RIGHTS AND EQUAL OPPORTUNITYJAPDlieS to subcontracts at every tier The following requirements apply to the underlying contract: The COUNTY is an Equal Opportunity Employer. As such, the COUNTY agrees to comply with all applicable Federal civil rights laws and implementing regulations. Apart from inconsistent requirements imposed by Federal laws or regulations, the COUNTY agrees to comply with the requirements of 49 U.S.C. § 5323(h) (3) by not using any Federal assistance awarded by FTA to support procurements using exclusionary or discriminatory specifications. FCP-5 EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS Under this Agreement, the Contractor shall at all times comply with the following requirements and shall include these requirements in each subcontract entered into as part thereof. 1. Nondiscrimination. In accordance with Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, disability, gender identity or age. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. 2. Race, Color, Religion, National Origin, Sex. In accordance with Title VI€ of the Civil Rights Act, as amended, 42 U.S.C. § 2000e et seq., and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.& DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. chapter 60, and Executive Order No. 11246, "Equal Employment Opportunity in Federal Employment," September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S,C. § 2000e note. The Contractor. agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, national origin, or sex (including sexual orientation and gender identity). Such action shall include, but not be limited to, the following; employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination: rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 3. Age, In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634, U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, "Age Discrimination in Employment Act," 29 C.F.R. part 1625, the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., U.S. Health and Human Services regulations, "Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance," 45 C.F.R. part 90, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 4. Disabilities. In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C, § 12101 et seq., the Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. BREACHES AND DISPUTE RESOLUTION (Applies to subcontracts at every tier over $150 000 Disputes - Unless otherwise provided in this contract, 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 the vendor with full decision -making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER 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 the vendor with full decision -making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'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. Stats. 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. FCP-6 EXHIBIT I FEDERAL CONTRACT PROVISIONS DISADVANTAGED BUSINESS ENTERPRISE (Applies to Subcontracts at eveEy tier It is the policy of the Collier County Board of County Commissioners (BCC) to ensure that Disadvantaged Business Enterprises (DBE)s are defined in part 26, have an equal opportunity to receive and participate in Department of Transportation (DOT) —assisted contracts. It is also our policy: t. To ensure nondiscrimination in the award and administration of DOT — assisted contracts; 2. To create a level playing field on which DBEs can compete fairly for DOT -assisted contracts; 3. To ensure that the DBE Program is narrowly tailored in accordance with applicable law; 4. To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to participate as DBEs; 5. To help remove barriers to the participation of DBEs in DOT assisted contracts; 6. To assist the development of firms that can compete successfully in the market place outside the DBE Program. This Contract is subject to 49 C.F.R. part 26. Therefore, the Contractor must satisfy the requirements for DBE participation as set forth herein. These requirements are in addition to all other equal opportunity employment requirements of this Contract. Contract Assurance The Contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, gender identity or sex in the performance of this Contract. The Contractor shall carry out applicable requirements of 49 C.F.R. part 26 in the award and administration of DOT -assisted contracts. Failure by 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. DBE Participation For the purpose of this Contract, the COUNTY will accept only DBE's who are: t. Certified by the Florida Unified Certification Program; or 2. An out-of-state firm who has been certified by either a local government, state government or Federal government entity authorized to certify DBE status or an agency whose DBE certification process has received FTA approval; or 3. Certified by another agency approved by the COUNTY. DBE Participation Goal Collier Area Transit's goal for DBE participation is 9.6%. A separate contract goal has not been established for this procurement. Proposed Submission Each BidderlOfferor, as part of its submission, shall complete an Anticipated DBE Statement that indicates the percentage and dollar value of the total bid/contract amount to be supplied by Disadvantaged Business Enterprises with whom the Bidder/Offeror intends to contract with for the performance of portions of the work under the Contract. Each Bidder/Offer shall also submit a Bid Opportunity List Prompt Payment The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contract receives from the BCC. Retainage If retainage from DBE subcontractors is allowed per the contract, the prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractors work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the COUNTY. FCP..7 EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS Monitoring and Enforcement The COUNTY shall monitor the Contractor's DBE compliance during the life of the Contract. It will be the responsibility of the Contractor to submit Subcontractor Payment Reports to the COUNTY with each pay application that summarize the total DBE value of the Contract if DBE participation occurs. These reports shall provide the following details: • DBE utilization established for the Contract; • Total value of expenditures with DBE firms for the period; • The value of expenditures with each DBE firm for the period by race and gender; • Total value of expenditures with DBE firms from inception of the Contract; and • The value of expenditures with each DBE firm from the inception of the Contract by race and gender. The Contractor shall not terminate DBE subcontractor(s) without the COUNTY's prior written consent. The COUNTY may provide such written consent only if the Contractor has good cause to terminate the DBE firm. Before transmitting a request to terminate, the Contractor shall give notice in writing to the DBE subcontractor of its intent to terminate and the reason for the request. The Contractor shall give the DBE five days to respond to the notice and advise of the reasons why it objects to the proposed termination. When a DBE subcontractor is terminated or fails to complete its work on the Contract for any reason, the Contractor shall make good faith efforts to find another DBE subcontractor to substitute for the original DBE and immediately notify the COUNTY in writing of its efforts to replace the original DBE. These good faith efforts shall_ be directed__ at_finding -another DBE to perform at least the same amount of work under the Contract as the DBE that was terminated, to the extent needed to meet the Contract goal established for this procurement. Failure to comply with these requirements will be in accordance with the Sanctions for Violations section below. Recordkeeping The prime contractor must maintain records and documents of payments to DBEs for three years following the performance of the contract. The records will be made available for inspection upon request by any authorized representative of the COUNTY or DOT. This reporting requirement also extends to any certified DBE subcontractor. DBE Program and Directory Information State DOT and DBE Program Websites may be found here: htt s: fdotxw 02.dot.state.fl.us E ual0 ortun!t OfficeBusinessDirector Additional information on Collier Area Transit's DBE Program can be found at CAT's website htt ://www.collier ov.netf our- overnment/divisions-f-rl ublic-transit-nei hborhood-enhancement/our- services-/col lie r-area-transit-cat/d be INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION FTA TERMS (Applies to subcontracts) The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1 F, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any COUNTY requests which would cause the COUNTY to be in violation of the FTA terms and conditions. FCP-8 EXHIBIT 1.8 GRANT CONTRACT ASSURANCES GRANT CERTIFICATIONS AND ASSURANCES 1. Acknowledgement of Grant Terms and Conditions 2. Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions 3. Anticipated DBE, MIWBE or VETERAN Participation Statement 4. Bid Opportunity List for Commodities, Contractual Services or Professional Consultant Services 5. Certification Regarding Lobbying GCA-1 EXHIBIT 1.B GRANT CONTRACT ASSURANCES cknaurrtecJge er►t of 7orr s; Conditions, aInd Grant paes Certification 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 shah provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat. On behalf of my firm, I acknowledge, the grant requirements identified In this document. Vendor/Contractor Name ETR, LLC Date 8/28/20 Authorized Signature Aoz GCA-2 EXHIBIT 1.13 GRANT CONTRACT ASSURANCES (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; 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) Are not presently indicted for or otherwise criminally or civilly charged by a governments! entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (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 to this proposal. Zeb Webb Name Vice President Title ETR, LLC Firm 700 S. French Ave, Sanford, FL 32771 Street Address, City, State, Zip v Signs re NA DUNS Number 593751100 Tax ID Number GCA-3 EXHIBIT 1.B GRANT CONTRACT ASSURANCES GCA-4 COLDER (.00i4TY GRANT COMPUANCE FORM BID OPPORTUNITY LIST FOR COMMODITIES, CONTRACTUAL SERVICES OR PROFESSIONAL CONSULTANT SERVICES it is the policy of Collier County that disadvantaged businesses and minority vendors, as defined in the Code of Federal Regulations (CFR) or Fiorida Statutes (FS), must have the opportunity to participate on contracts with federal and/or state arant assistance. Prime Contractor/Prime Consultant: ETR, LLC Address and Phone Number: 700 S. French AVE, Sanford, FL 32771 407-339-6737 Procurement Number/Advertisement Number: 20-7780 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 S. This form must be submitted with the bid package. 1. Federal Tax ID Number: 593751100 6. DBE S. Annual Gross Receipts 2. Firm Name: ETR, LLC Non -DBE Less than $ 1 million 3. Phone Number: 407-339-6737 Between $ 1-5 million -7 4. Address 700 S. French AVE, Sanford, FL 32771 Between $ 5-10 million r 7. Subcontractor Between $ 10-15 million Subconsultant More than $ 15 million 5. Year Firm Established: 2001 1. Federal Tax ID Number: 6. DBE 8, Annual Gross Receipts 2. Firm Name: Non -DBE Less than $ 1 million 3. Phone Number: Between $ 1-5 million 4. Address Between $ 5-10 million 7. Subcontractor Between $ 10-15 million Subconsultant More than $ 15 million 5. Year Firm Established: 1. Federal Tax ID Number: 6. DBE 8. Annual Gross Receipts 2. Firm Name: Non -DBE Less than $ 1 million 3. Phone 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: 1. Federal Tax ID Number: 6. DBE 8. Annual Gross Receipts 2. Firm Name: Non -DBE B 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: GCA-5 EXHIBIT 1.13 GRANT CERTIFICATIONS AND ASSURANCES The undersigned [Contractor] certifies, to the best of his or her knowledge, that 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 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 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 11.062, Florida Statutes., apply to this certification and disclosure, if any. ETR, LLC Contractor (Firm Name) Signature of C tr ctor's Authorized Official Zeb Webb / Vice President Name and Title of Contractor's Authorized Official 08/28120 Date GCA-7