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#12-5914R (Paradise Property Managment, Inc.)
Contract# 12-5914R OUTSOURCING OF COUNTY MARINAS THIS AGREEMENT made effective this 9th day of January, 2013, between Collier County, a political subdivision of the State of Florida (hereinafter the "County") and Paradise Property Management, Inc., a Florida Corporation with offices at 909 South Collier Court, Naples, Florida 34145 (hereinafter "Concessionaire"). 1. SCOPE. The County hereby grants to the Concessionaire, and the Concessionaire hereby accepts from the County, the exclusive right to operate the following described concession at the four (4) County owed Marinas (hereinafter "Marinas") as described below, in conformance with the purposes and for the periods stated herein and subject to all terms and conditions hereinafter set forth. A. TERM. This Agreement shall be for an initial period of ten (10) years, commencing on award by the Board of County Commissioners, and shall be renewable upon satisfactory performance by the Concessionaire, for one (1) D additional ten (10) year period, under the same terms and conditions. The County Manager or his designee may extend this Agreement for up to one hundred eighty , ':' 2113 (180) additional days following expiration of the original or subsequent five (5) year r4-1b6:" terms. In no event, including renewal option, shall the contract exceed twenty (20) "' '~"`°MFIVears without Board approval. B. FACILITIES. The County shall provide to the Concessionaire the use of the following facilities and space at the area known as Port of the Islands Boat Park; Goodland Boat Park; Cocohatchee River Park; and Caxambas Boat Park C. USES. The Concessionaire is authorized to conduct the following types of business and to provide the following services, and only such business and services, at the location as set forth below: The Marina operations tasks include but are not limited to: • Dry slip assignment and boater registration • Collection of fees and charges excluding those fees from the Solar Powered Parkeon Parking Meter • Issuance of annual recreational and commercial Collier County boat launch permits • Merchandise sales • Cash management and deposit of monies • Credit/debit card processing capabilities • Reservations for day slip rentals • Radio contact with boaters • Posting weather and tide reports • Boater evictions — dry storage • Retail sales and services • Maintain Clean Marina Designation Page 1 of 11 i • Live Bank Tank Maintenance • Cleaning of restroom facilities • Cleaning of ship store • Cleaning of fish cleaning table 2. NOTICES. All notices from the County to the Concessionaire shall be deemed duly served if mailed by registered or certified mail to the Concessionaire at the following address: Paradise Property Management, Inc. Attn: Cynthia Blatt, President 909 South Collier Court Marco Island, FL 34145 Tel: 941-258-4978 Email: paradisepropertiesSWFL @gmail.com All notices from the Concessionaire to the County shall be deemed served if mailed, faxed, or e-mailed to the County at the following address: Collier County Parks and Recreation Department 15000 Livingston Rd., Naples, FL 34109 Tel: 239-252-4000 Fax: 239-252-6536 E-mail: BarryWilliams @colliergov.net Attention: Parks & Recreation Director 3. NOT A LEASE. No part, parcel, building, structure, equipment or space is leased to the Concessionaire; that the corporation is a Concessionaire and not a lessee; that Concessionaire's right to operate the concession shall continue only so long as the concession operation complies with the undertakings, provisions, agreements, stipulations and conditions of this Agreement. 4. NO PARTNERSHIP OR AGENCY. Nothing herein contained shall create or be construed as creating a partnership between the County and the Concessionaire. Concessionaire is not an agent of the County. 5. ASSIGNMENT. The Concessionaire may not assign this Agreement, or any part hereof, without prior written approval of the Board of County Commissioners. Any attempt to assign without such approval shall be void. Concessionaire agrees that without the prior written consent of the Board of County Commissioners, no shareholder shall sell, assign, transfer or convey their stock (except by operation of law), nor shall the corporation issue any additional shares of stock, if any such transfer or issuance will effectively change the ownership of the corporation. However, the shareholders have the right to convey between themselves and their spouses and children without the County's consent. 6. MAINTENANCE AND REPAIRS. The Concessionaire shall, to the satisfaction of the Director of Parks and Recreation or his authorized representative, and at the Page 2 of 11 Concessionaire's sole cost, provide normal and routine daily, monthly, and yearly maintenance of the facilities, designed to keep the premises and equipment in a good state of repair, free from hazardous conditions and deterioration, thus providing for the comfort and safety of visitors and patrons. 7. TRASH, RUBBISH AND GARBAGE. The County will provide all garbage, trash, recycling and rubbish receptacles within the confines of his area. The Concessionaire shall be responsible for the pickup and removal of all rubbish, trash and garbage from the concession area to the dumpster currently located in parking lot. The County reserves the right to change this location upon seven (7) day written notice to the Concessionaire. The Concessionaire agrees to perform daily removal of litter in the immediate exterior area within fifty (50) feet of the concession. 8. UTILITIES.The Vendor shall pay for charges of utilities to the designated premises including, but not limited to, charges for water, sewer, and electricity. Any utilities that are for the benefit of the Concessionaire shall be paid by the Concessionaire (i.e. telephone). 9. SECURITY. The Concessionaire must provide at its expense any security measures to protect its operating area, equipment and materials. Such security measures may not violate any other restriction(s) of this Agreement. 10. PERMITS, LICENSES, TAXES. The Concessionaire shall obtain and pay for all permits and licenses necessary for the conducting of business and shall comply with all laws governing the responsibility of an employer with respect to persons employed by the Concessionaire. Appropriate licenses and permits shall include but not be limited to compliance with Health Department requirements. This shall include HRS Screening for the Concessionaire and its employees. The Concessionaire shall also be solely responsible for payment of any and all taxes levied on the concession operation or any other taxable activity on the premises. In addition, the Concessionaire shall comply with all existing and future applicable rules, regulations and laws of Collier County, the State of Florida, or the U.S. Government. 11. CONSIDERATION. The Concessionaire shall remit to the County, as consideration for this Agreement, four percent (4%) of the total gross revenue of all four (4) marinas. The payments are due to the County by the fifteenth (15th) of each month for the preceding month and such payments shall be accompanied by a statement of gross receipts for the preceding month. The County is to receive its revenue payment as net, free and clear of all costs and charges arising from, or related to, Concessionaire's obligations under this Agreement, and the revenue payment is to be paid monthly. The term "gross revenue" or "gross receipts" means all income collected, accrued or derived by the Concessionaire under the privileges granted by this Agreement or other document entered into with the County, excluding amounts of any Federal, State or other tax collected by the Concessionaire from customers and required by law to be remitted to the taxing authority. The Concessionaire shall provide the Contract Manager a Statement of Gross Receipts. Such statement shall be certified as true, accurate and complete by the Concessionaire and approved by the Director of Parks and Recreation or his authorized representative. Page 3 of 11 This statement shall be accompanied by a report, which, as a minimum, shall include hours of operation, daily attendance figures, and weather conditions, etc. This report shall accompany the monthly statement of gross revenues and may be subject to audit. All financial records are to be maintained during the entire term of this Agreement and for a period of three (3) years following the termination of this Agreement. The Concessionaire shall provide a copy of its State Sales and Use Tax Report for the same accounting period as required for the Statement of Gross Receipts. 12. DEFAULT IN PAYMENT. A monthly report of gross receipts, the payments computed on that amount, and any other fees due must be submitted to the County through the Director of Parks and Recreation, to be received by the fifteenth (15th) of each month. In the event the Concessionaire fails to pay this consideration within five (5) days of such due date, there shall be a late charge of Fifty Dollars ($50.00) for each such late payment, in addition to interest at the highest rate allowable by law. If the payment of consideration and accumulated daily penalties are not received within thirty (30) days after the normal monthly due date, then the County may take possession of the Concessionaire's assets on County property and may cancel this Agreement. The County has no duty to notify the Concessionaire of its failure to remit any such payment or report. 13. FORCE MAJEURE. If closure of the facilities or loss of equipment is due to unforeseeable causes beyond the control of Concessionaire and not due to its own fault or neglect, including but not restricted to, acts of nature or of public enemy, acts of government or of the County, fires, floods, hurricane, civil disorder, epidemics, quarantine regulations, strikes or lock-outs, the County will allow pro rata adjustment of monthly payments up to the time such damage is repaired or other circumstances return to normal. 14. CONCESSIONAIRE NOT TO REMOVE PROPERTY. Concessionaire shall not remove from the concession any personal property brought thereon or any replacements thereto by the Concessionaire for the purpose of this Agreement, except such items as may be removed with the express written permission of the Director of Parks and Recreation. Upon expiration of the term specified in Paragraph 1-A, if the Concessionaire has made full payment under this Agreement and has fully complied with the terms of this Agreement, he may remove his personal property including equipment from the concession and shall do so within fifteen (15) days following the expiration of this Agreement provided such personal property and equipment is removed without damage to the premises. On Concessionaire's failure to do so, the County may cause same to be removed and stored at the cost and expense of the Concessionaire, and the County shall have a continuing lien thereon in the amount of the cost and expense of such removal and storage until paid, and County may sell such personal property and reimburse itself for such costs and expense, plus all expenses of the sale. 15. RECORDS, AUDIT. Concessionaire shall establish and maintain such records as now exist and may hereafter be prescribed by the County in the future to provide evidence that all terms of this Agreement have been and are being observed. The Concessionaire grants to the County the right and authority to audit all records, documents, and books pertaining to the concession operation. Such audit will be conducted at locations and at a frequency determined by the County and communicated to the Concessionaire. The Concessionaire agrees to provide materials for the audit to authorized representatives of Page 4 of 11 the Office of Internal Audit of Collier County within three (3) business days after the County's notice to do so is received by Concessionaire, all at no cost to the County. Concessionaire shall use electronic point-of-sale electronic cash machines or other electronic accounting control equipment for the proper control of cash payments. Cash register tapes must be maintained and made available to the County upon demand during the entire term of Agreement. All electronic cash control equipment and accounting procedures shall be with the approval of the Collier County Finance Department. All sales must be accompanied by a receipt to the customer. 16. COOPERATION. The Concessionaire agrees to cooperate with the County in the conduct of surveys and to provide reports of visitor usage of all concession services. The County shall provide Concessionaire with advance notice of any special event and shall coordinate with the Concessionaire regarding same. County shall provide Concessionaire with notice of the availability of plans for any remodeling of the facilities. 17. INSPECTION. The concession facilities and premises may be inspected at any time by an authorized representative of the Director of Parks and Recreation, or by any other agency having responsibility for inspections of such operations. Concessionaire shall undertake immediately the correction of any deficiency cited by such inspectors. 18. WAIVER OF INTERFERENCE. The Concessionaire hereby waives all claims for compensation for loss or damage sustained by reason of any interference with the concession operation by any public agency or official in enforcing their duties or any laws or ordinances. Any such interference shall not relieve the Concessionaire from any obligation hereunder. 19. WAIVER OF LOSS FROM HAZARD. The Concessionaire hereby expressly waives all rights, claims, and demands and forever releases and discharges the County from all demands, claims, actions and causes of action arising from this Agreement, except intentional torts. 20. NO LIENS. Concessionaire will not suffer or, through its actions or by anyone under its control or supervision, cause to be filed upon the property any lien or encumbrance of any kind. In the event any lien is filed, Concessionaire shall cause such lien to be discharged within ten (10) days after written notice to do so from the County. 21. ORDERLY OPERATIONS, ETC. The Concessionaire shall have a neat and orderly operation at all times and shall be solely responsible for necessary housekeeping on and around the concession including the daily cleaning of the restroom facility. The County will furnish the Concessionaire all materials necessary to clean and supply restrooms. The Concessionaire shall clean restrooms (sweeping, mopping, cleaning sinks, toiled bowls, urinals, restocking, and emptying trash containers) twice a day; once before 10:00 a.m. and second time by 2:00 p.m. Concessionaire shall make available all areas under his control for examination at any time by the Parks and Recreation Director or his authorized representative. Music played by the Concessionaire or their employees must be approved by the Parks and Recreation project manager and must be "family friendly" and non-secular in nature. There shall be no living quarters nor shall anyone be permitted to live on the premises. Page 5of11 I 22. EMPLOYEES, MANAGER. The Concessionaire shall employ people to work at this facility who are neat, clean, well-groomed and courteous, and that have completed a background screening and have been cleared to work for Concessionaire. Concessionaire shall assume cost of background screening for this/her employees. Subject to the American with Disabilities Act, Concessionaire shall supply competent employees, who are physically capable of performing their employment duties and the County may require the Concessionaire to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County property is not in the best interest of the County. All Concessionaire employees shall wear shirts and shorts with the Concessionaire's logo or other identifying marking. The Concessionaire shall have an experienced manager overseeing the concession operations at all times when open for business. 23. HOURS OF OPERATION. During the terms of this Agreement, the concession operation shall, at a minimum, be open and properly staffed seven (7) days per week from 7:00 a.m. through 5:00 p.m. Port of the Islands & Goodland Boat Park may close as early as 2:00PM. The Concessionaire may open at an earlier time and close at a later time, and the schedule may be changed, subject to prior written approval by the Director of Parks and Recreation Department or designee. All hours of operation shall be conspicuously posted and easily read by park visitors. 24. USE OF THE FACILITIES IS PRIMARY. The Marinas are for the use of the public for recreational and other public purposes and the public's right to such use shall not be infringed upon by any activity of the Concessionaire. However, this does not preclude the Concessionaire from scheduling promotional events, such as weddings, receptions, high school graduation parties, etc., which might temporarily limit access to the event site, subject to the prior written approval for each event, on a case-by-case basis by the Director of Parks and Recreation or designee. 25. NO IMPROPER USE. The Concessionaire will not use, nor suffer or permit any person to use in any manner whatsoever, the concession facilities for any improper, immoral or offensive purpose, nor for any purpose in violation of any federal, state, or County law, ordinance, rule, order or regulation, or of any applicable governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of any violation of this Agreement by the Concessionaire, or if the County or its authorized representative shall deem any conduct on the part of the Concessionaire to be objectionable or improper, as noted on the Concession Inspection Report, the County shall have the right to suspend the operation of the concession should the Concessionaire fail to promptly correct any such violation, conduct, or practice to the satisfaction of the County. The Concessionaire shall not commence operation during such suspension until the violation has been corrected to the reasonable satisfaction of the County. 26. PRICES. The Concessionaire agrees that prices and fees charged for concession merchandise and services will be competitive with those charged for similar merchandise and service in the general vicinity of the park. All prices must be displayed and visible by the Concessionaire's customers. Page 6 of 11 27. NO DANGEROUS MATERIALS. The Concessionaire shall not use or permit in the facilities the storage of illuminating oils, oil lamps, turpentine, benzine, naphtha, or other similar substances, or explosives of any kind, or any substance or articles prohibited in the standard policies of fire insurance companies doing business in the State of Florida. 28. DEFAULT AND TERMINATION. If the Concessionaire fails to comply with any of the terms and conditions hereof and such default is not cured within fifteen (15) days after written notice is given to the Concessionaire, or such longer period of time as may be consented to by the County in writing and in its sole discretion, the County may cancel this Agreement and revoke the privilege of the Concessionaire to come upon the County's property for purposes for which the concession was granted and may oust and remove all parties who may be present, or may occupy any part of the premises for the purpose of exercising any rights so revoked. The Agreement may be terminated by the County immediately due to any material breach of this Agreement, including, but not limited to, failure of the Concessionaire to maintain the approved hours of operation or failure of the Concessionaire to provide a receipt to each customer for every transaction. The County shall be sole judge of non- performance. Further the County may terminate this Agreement for its convenience by giving the Concessionaire not less than a sixty (60) day written notice of such intent. During the notification period, both parties agree to meet its respective contractual obligations in good faith. In the event of any violation of this Agreement by the Concessionaire, or if the Contract Manager shall deem any conduct on the part of the Concessionaire to be objectionable or improper, as noted on the Concession Inspection Report, the County shall have the right to suspend the operation of the concession should the Concessionaire fail to promptly correct any such violation, conduct, or practice to the satisfaction of the Contract Manager. The Concessionaire shall not commence operation during such suspension until the violation has been corrected to the reasonable satisfaction of the Director or Contract Manager. 29. NO DISCRIMINATION. There shall be no discrimination as to race, gender, color, creed or national origin in the operations referred to by this Concession Agreement; and further, there shall be no discrimination regarding any use, service, maintenance, or operation of the premises. All facilities located on the premises shall be made available to the public, subject to the right of the Concessionaire to establish and enforce rules and regulations to provide for the safety, orderly operation and security of the facilities. 30. COUNTY CONTROL OF MARINA OPERATIONS CONCESSION. Nothing in this Agreement will preclude the County from using the public areas of Caxambas Boat Park; Cocohatchee River Marina; Port of the Islands Marina or Goodland Boat Park; for public and/or civic purposes. In the event of occurrences previously mentioned, the Concessionaire will be notified, as deemed necessary by the Director of Parks and Recreation or designee. 31. FLORIDA LAW. This Agreement shall be governed by and construed in accordance with the Law of the State of Florida. Page 7 of 11 32. VEHICLES IN PARK. Vehicles are allowed in the areas only where roadways are provided. Vehicles shall park only in areas designated by the County for vehicle parking. Any vehicles that are to be used in the marina must have prior written approval of the Collier County Environmental Services Department and the Parks and Recreation Director or designee or any other appropriate agency. 33. STORAGE. Concessionaire shall obtain approval for any storage of equipment on the beach from the appropriate permitting agencies. No overnight storage of any kind shall take place on the beach unless approved in writing by the Parks and Recreation Director or designee, and is contingent upon approval of the appropriate permitting agency. 34. STORM WARNING. Upon declaration of a hurricane projecting an imminent strike, or the implementation of evacuation procedures from Collier County, Concessionaire shall meet with the Parks and Recreation Director or designee for the formulation of plans for the removal of all perishable goods and to ensure the concession site has been properly secured for hurricane approach. 35. CONTAINERS. The sale of items in glass containers is not permitted. The use of straws and plastic bags is also prohibited. The County has a recycle program in place and the Concessionaire will make every effort to comply with that program with respect to the disposal of containers. 36. SIGNAGE. The Concessionaire shall provide, at his sole expense, required signs at all public approaches to the Concession. All signage, advertising and posting shall be as approved by the Director of the Parks and Recreation Department. Signs that will be used for advertising purposes shall be constructed and maintained to County standards as defined by the Code Compliance Department. The use of the Collier County Logo is prohibited. 37. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Concessionaire shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Concessionaire or anyone employed or utilized by the Concessionaire in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 38. INSURANCE. Before commencing work of any kind, the Concessionaire shall procure the following insurance with insurance companies licensed in the State of Florida, and provide Certificates of Insurance to be attached to this Agreement. A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Page 8 of 11 contractors; Products and Completed Operation; Contractual Liability, and Participants B. Automobile Liability: $1,000,000 Each Occurrence, Bodily Injury & Property Damage, Owned/Non-Owned/Hired, Automobile Included C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with all their applicable state and federal laws. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Concessionaire during the duration of this Agreement. Renewal certificates shall be sent to the County at least ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any required insurance coverage. Concessionaire shall insure that all of its subcontractors comply with the same insurance requirements that Concessionaire is required to meet. 39. THIS AGREEMENT shall be administered on behalf of the County by the Parks and Recreation Department. As used herein, the word "County" shall refer to the Director of Parks and Recreation or designee unless the context renders such construction illogical. 40. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: All Insurance Certificate(s), Exhibits, RFP No. 12-5914R, and proposer's proposal. In the event that any Terms and Conditions of the Request for Proposal are perceived or found to be in conflict with this Agreement, the Agreement shall take precedence. 41. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 42. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the Concessionaire is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Concessionaire to comply with the laws referenced Page 9 of 11 herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 43. VENUE: Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 44. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and agrees to the successful Concessionaire extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful Concessionaire. 45. ADDITIONAL ITEMS/SERVICES: Additional items and/or services may be added to this contract in accordance with the Purchasing Policy and Administrative Procedures. *******************************Remainder of page intentionally left blank**************************** Page l0 of 11 IN WITNESS WHEREOF, the Concessionaire and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS COLLI'R C LINTY, FLORIDA ATTEST: DWIG T E. BROCK, CLERK OF COURTS f it'.iet .C� Georgia A. Hiller, Esq. Chairwoman Paradise Property Management, Inc. Concessionaire By: First Witness Si nature Typed/print witness name u-+Girt0. S ,7/oJ `fyped/printed name () Second Witness Typed/print witness name Approved as to form and legal sufficiency: Assists t Coun Attorney Page 11 of 11 acoREP CERTIFICATE OF LIABILITY INSURANCE 9 DATE/201 M/DD/YYI Y) 1/912013 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 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 NAME: Lutgert Insurance-Marco IA//CC..PHONE. Ext1:239-394-7575 IFAX,No):239-394-7237 740 N. Collier Blvd. Ste 103 E-MAIL Marco Island FL 34145 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC II INSURER A:American States Insurance Co. 19704 • INSURED PARAD-1 INSURER B Zenith Ins.Co. Paradise Property Management I INSURER C: Cindy Blatt INSURERD: 909 S Collier Court Marco Island FL 34145 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:655047936 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DDIYYYY) (MM/DD/YYYY) LIMITS A GENERAL LIABILITY 01CI66135010 1/7/2013 1/7/2014 EACH OCCURRENCE $1,000,000 DAMAGE X COMMERCIAL GENERAL LIABILITY PREM SESO(Ea occurrence) $1,000,000 CLAIMS-MADE OCCUR MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY PRO- JECT LOC $ A AUTOMOBILE LIABILITY 01CI66135010 1/7/2013 1/7/2014 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X X NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE _ $ DED RETENTIONS $ B WORKERS COMPENSATION Z072456601 1/7/2013 1/7/2014 TORY LIMITS 0TH- AND EMPLOYERS'LIABILITY Y/N ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $100,000 OFFICER/MEMBER EXCLUDED? N/A - - (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $100,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Concession Stands/Convenience Stores Certificate holder is listed as additional insured. CERTIFICATE HOLDER CANCELLATION 30 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Collier County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. Purchasing Department 3327 E Tamiami Trail AUTHORIZED REPRESENTATIVE Naples FL 34112 7\--ja ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD CMA#5312 DRUG FREE WORKPLACE [Effective Date: August 1, 1999 (Revised: October 1, 2001; Revised: October 1, 2003; Revised December 6,2005;Revised June 2,2006); Revised September 10,2010] §5312-1.Purpose. The purpose of this Instruction is to provide for procedures and implementation of the Drug-Free Workplace policy as authorized by the County Manager. §5312-2.Concept. The Board of County Commissioners has a vital interest in maintaining a safe, healthy, and efficient working environment.Being under the influence of a drug or alcohol on the job or the use,sale,purchase, transfer, or possession of an illegal drug or alcohol in the workplace poses unacceptable risks for safe, healthy, and efficient operations to the user and to all those who work with the user. Collier County is obligated to the public and its employees to provide services that are free of the influence of illegal drugs and alcohol and will endeavor through this policy to provide drug-and alcohol-free services. A. Employees will be informed of the dangers of alcohol and/or drug use in the workplace during New Hire Orientation within the first month of employment. B. The County intends, through this policy, to comply with federal and state rules, regulations or laws that relate to the maintenance of a workplace free from illegal drugs and alcohol. C. It is also County policy to comply with the Omnibus Transportation Employee Testing Act of 1991 and§440.102 and 112.0455,Fla Stat;Drug-Free Workplace Act. §5312-3.Definitions. Confirmation Test, Confirmed Test or Confirmed Drug Test is a second analytical procedure used to identify the presence of a specific drug or metabolite in a specimen, which test must be different in scientific principle from that of the initial test procedure and must be capable of providing requisite specificity, sensitivity,and quantitative accuracy. Controlled Substance is a controlled substance as defined in Schedules I through V of§ 893.03, Fla Stat. Conviction is a finding of guilt(including a plea of no contest)or imposition of sentence or both,by any judicial body charged with the responsibility to determine violations of the federal or state criminal drug statutes. Criminal Drug Statute is a criminal statute involving the illegal manufacture, distribution,dispensation, use or possession of any controlled substance Drug includes alcohol, including a distilled spirit, wine, a malt beverage, or an intoxicating liquor; an amphetamine; a cannabinoid; cocaine; phencyclidine (PCP); a hallucinogen; methaqualone; an opiate; a barbiturate; a benzodiazepine; a synthetic narcotic; a designer drug; or a metabolite of any of the substances listed in this subsection.An employer may test an individual for any or all of such drugs. Drug Test or Test includes any chemical,biological, or physical instrumental analysis administered by a laboratory certified by the United States Department of Health and Human Services or licensed by the Page 1 of 10 CMA#5312 DRUG FREE WORKPLACE Agency for Health Care Administration,for the purpose of determining the presence or absence of a drug or its metabolites. Employee is any person who works for salary,wages,or other remuneration for the County. Employee Assistance Program(EAP)is an established program capable of providing expert assessment of employee personal concerns; confidential and timely identification services with regard to employee drug abuse; referrals of employees for appropriate diagnosis, treatment, and assistance; and follow-up services for employees who participate in the program or require monitoring after returning to work. If, in addition to the above activities, an employee assistance program provides diagnostic and treatment services, these services shall in all cases be provided by service providers pursuant to §397.311(28),Fla Stat. Employer is a person or entity that employs a person and that is covered by the Workers' Compensation Law. Initial Drug Test is a sensitive, rapid, and reliable procedure to identify negative and presumptive positive specimens, using an immunoassay procedure or an equivalent, or a more accurate scientifically accepted method approved by the United States Food and Drug Administration or the Agency for Health Care Administration as such more accurate technology becomes available to be more cost-effective. Job Applicant is an external applicant who has applied for a position with the County and has been offered employment conditioned upon successfully passing a drug test. Medical Review Officer (MRO) is a licensed physician, employed by or contracted with an employer, who has knowledge of substance abuse disorders, laboratory testing procedures, and chain of custody collection procedures; who verifies positive, confirmed test results; and who has the necessary medical training to interpret and evaluate an employee's or job applicant's positive test result in relation to the employee's or job applicant's medical history or any other relevant biomedical information. Prescription or Non-Prescription Medication is a drug or medication obtained pursuant to a prescription as defined by Section 893.02 or a medication that is authorized pursuant to federal or state law for general distribution and use without a prescription in the treatment of human diseases,ailments,or injuries. Public Employer is any agency within state, County, or municipal government that employs individuals for a salary,wages,or other remuneration. Reasonable-Suspicion Drug Testing. § 440.102(n),Fla. Stat. defines reasonable suspicion drug testing based on a belief that an employee is using or has used drugs in violation of the employer's policy drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience.Among other things,such facts and inferences may be based upon: (a) Observable phenomena while at work, such as direct observation of drug use or of the physical symptoms or manifestations of being under the influence of a drug. (b) Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance. (c) A report of drug use,provided by a reliable and credible source. (d) Evidence that an individual has tampered with a drug test during his or her employment with the current employer. Page 2 of 10 CMA#5312 DRUG FREE WORKPLACE (e) Information that an employee has caused, contributed to, or been involved in an accident while at work. (f) Evidence that an employee has used, possessed, sold, solicited, or transferred drugs while working or while on the employer's premises or while operating the employer's vehicle, machinery,or equipment. Safety-Sensitive Position. With respect to a public employer, a position in which a drug impairment constitutes an immediate and direct threat to public health or safety, such as a position that requires the employee to carry a firearm, perform life-threatening procedures, work with confidential information or documents pertaining to criminal investigations,or work with controlled substances; a position subject to § 110.1127, Fla. Stat.; or a position in which a momentary lapse in attention could result in injury or death to another person. Specimen is tissue, hair, or a product of the human body capable of revealing the presence of drugs or their metabolites, as approved by the United States Food and Drug Administration or the Agency for Health Care Administration. Test Identification Form is the required form used to ensure that all documentation is accurate, the proper type of test is provided and to ensure chain of custody accuracy,a test identification form has been provided and is required to be used for all test types. §5312-4.Policy. The County and its employees must make every effort to maintain the highest standards of safety,quality, and reliability.In order to achieve these desired standards,the County prohibits possession of alcohol and/or illegal drugs in County vehicles,illegal drugs from being brought on the County premises,the use of alcohol and/or illegal drugs during the workday,the unlawful manufacture,distribution,dispensation or use of alcohol or controlled substances in the workplace,and further prohibits Collier County employees from working while impaired or under the influence of legal or illegal drugs,alcohol,and other substances. A. As a condition of employment,all employees are required to abide by the terms of this policy and to notify County management of any criminal drug statute or any conviction for a violation occurring in the workplace no later than five days after such conviction. B. To maintain a safe and healthy work environment and to ensure compliance with state and federal laws, County authorizes, at its expense, drug testing under the circumstances and conditions defined within this Instruction. C. Employees found to be under the influence of alcohol or controlled substances or refusing to be tested when an accident or injury occurs may forfeit their eligibility for medical and indemnity benefits through the County's Workers' Compensation Benefits and may be subject to disciplinary action up to and including termination. D. Employees who violate any of the alcohol or controlled substance use prohibitions shall be removed immediately from performing the duties of their positions. E. When the use of alcohol or controlled substances by an employee is confirmed through an authorized test, disciplinary action shall be in accordance with the Human Resources Administrative Procedures. Under no circumstance will the employee be allowed to return to any Page 3 of 10 CMA#5312 DRUG FREE WORKPLACE safety sensitive position and/or task until a return to work test has been conducted and test results obtained. §5312-5.Testing. The conditions and circumstances for conducting drug testing are defined below. Refusal to submit to an alcohol or drug test/analysis when requested by the County, or law enforcement personnel,in accordance with state and federal law or County policy,may constitute insubordination,be grounds for disciplinary action up to and including dismissal,or(in the case of an external applicant)is cause to retract a conditional offer of employment.Failure to provide adequate breath or urine(within a reasonable time) for testing without a valid medical explanation by a medical doctor,failure to sign the alcohol breath testing certification form and/or initial the logbook entry for the screening and/or confirmation test or refusal to take the test constitute a refusal to submit. Risk Management is responsible for developing and implementing procedures for communication of this policy,off-site testing,chain of custody,types of drugs to be tested for,confirmation and medical and administrative review of positive test results,confidentiality and other activities associated with administering the applicant testing program in accordance with§440.102,Fla. Stat. The Environmental Health and Safety(EHS)Manager will receive the test results and will coordinate with the Human Resources Generalist assigned to the division in which the employee works to provide a status report on the employee being able to return to work. The HR Generalist will serve as the point of contact to coordinate communication with the employee and on the status of the employee to the department supervisor/manager/director. All drug test results are considered confidential and are exempt from the provisions of§ 119.07(1),Fla. Stat. and§24(a),Art. 1,of the State Constitution. A. Post Offer Drug Testing(pre-employment):The Risk Management Department through its Occupational Health Nurse will perform and/or coordinate all post offer applicant drug screening and/or testing and communicate the results of such testing to Human Resources personnel. Applicants will be notified of the County's Drug Free Workplace procedure including the types of testing to which an applicant may be required to submit and the actions the County may take against a job applicant on the basis of a positive confirmed drug test result. All external job applicants will be tested for controlled substance use prior to final consideration for hire. 1) External job applicants for vacant County positions will be tested for illegal drugs prior to an offer of employment being finalized.Drug testing will only be administered to those applicants who have been made a conditional job offer pending the successful completion of the medical examination and/or other background investigations(references,criminal, and driver's license). 2) For positions requiring the applicant or employee to hold a Commercial Driver's License (CDL),the Department of Transportation(DOT)requires the County to obtain drug and alcohol testing history from any employer for whom an external job applicant or current employee has worked for the previous three year period. Candidates or employees will complete the DOT release form authorizing the County to obtain these records. j I B. Post Accident Testing: The Risk Management Department will coordinate and schedule all post accident drug testing through its EHS Manager or designee. 1) Any employee who has caused or contributed to an accident while at work, if there is Page 4 of 10 CMA#5312 DRUG FREE WORKPLACE reasonable suspicion in accordance with§440.102,Fla. Stat.,may be required to submit to a post accident drug test as a condition of continued employment. Employees involved in work related accidents that fall under the definition of immediately dangerous to life or health (IDLH), as defined within CMA 5902, may be required to take a drug test. The following specific job tasks where the occurrence of an injury may require drug and alcohol testing following an accident include,but are not limited to: i. Confined space. ii. Lockout/tagout or any electrical(Hazardous Energy)related incident. iii. Respiratory(failure to wear)(inadequate). iv. Maintenance of traffic. v. Welding and hot work. vi. Chemical process or use of hazardous chemicals. vii. Machine safe guarding. viii. Failure to wear personal protective equipment(including seatbelt). ix. Heavy equipment, to include but not limited to forklifts, front end loaders,track hoes, rollers, backhoes, graders or any other equipment not covered under CDL testing requirements. x. Excavation/trenching. xi. Fall protection. 2) Vehicular accident(non-CDL):An employee who is operating a County vehicle involved in an accident that results in the loss of life or where Risk Management,department safety coordinators and/or supervisory staff have determined the cause of the accident to be classified as an immediately dangerous or IDLH incident shall submit to an alcohol and controlled substance test within two hours following the accident. 3) Vehicular Accident (CDL): A CDL employee who is operating a CDL required vehicle and is involved in a vehicular accident will be tested for alcohol and controlled substances following the Omnibus Transportation employee Testing Act of 1991 and in compliance with § 440.102, Fla. Stat. When reporting the accident, the employee is required to report whether the accident resulted in the loss of life or a moving violation.It is then the responsibility of the immediate supervisor and/or appropriate department representative in conjunction with the Risk Management Department to arrange testing. 4) Employees who are subject to post-accident testing will remain readily available for the test or may be deemed to have refused the tests.Employees are not prohibited from leaving the scene of the accident for the period of time necessary to obtain assistance in responding to the accident or to obtain necessary emergency medical care. 5) Employees required to submit to a post-accident alcohol or controlled substance test will not use alcohol or a controlled substance for eight hours following the accident or until the test is successfully completed,whichever occurs first. 6) Supervisors of employees involved in work related accidents will contact Risk Management for assistance in determining if the incident is immediately dangerous or IDLH classified. 7) The Test Identification Form will be used to ensure that all documentation is accurate,the proper type of test is provided,and to ensure chain of custody accuracy. Page 5 of 10 CMA#5312 DRUG FREE WORKPLACE 8) If an employee who caused or contributed to an accident cannot submit to a post accident drug/alcohol test less than two hours following the accident due to hospitalization, Risk Management and/or Human Resources shall contact the medical establishment(hospital, emergency room, etc)and ask that an appropriate test be conducted as soon as practical after emergency treatment has been provided. 9) If the post accident testing is not administered within two hours following the accident, the County shall document the reasons the tests were not administered within that time and attempt to have the tests conducted. If the alcohol test is not administered within eight hours following the accident or the controlled substance test is not administered within 32 hours following the accident, no such tests shall be conducted. The County shall document the reasons the tests were not conducted within the required time frame. C. Reasonable Suspicion Testing: The Risk Management Department administers the Reasonable Suspicion Testing Program. Testing may be required where there is reasonable suspicion that an employee possesses or uses alcohol, controlled substances or illegal drugs or is under the influence of alcohol,controlled substances or illegal drugs while on duty. Supervisors will monitor employees for alcohol,controlled substance or illegal drug use.When a supervisor, Department Safety Coordinator, EHS Specialist, or EHS Manager has reasonable suspicion, drawn from specific objective and describable facts, that an employee is under the influence of alcohol, a controlled substance or illegal drugs, the Supervisor, Department Safety Coordinator,EHS Specialist or EHS Manager will notify the Risk Management Department. Any such reasonable suspicion testing shall be conducted in accordance with § 440.102, Fla. Stat., and any further action by the County based upon the results of such testing shall be in accordance with that statute. When a supervisor, Department Safety Coordinator, EHS Specialist and/or EHS Manager observes or receives a complaint regarding another employee's activity that may constitute reasonable suspicion,the following procedures apply: 1) Unless initiated by the EHS Specialist or EHS Manager, the Supervisor or Department Safety Coordinator of the suspected employee must contact the Risk Management Department and the assigned HR Generalist. If outside of normal working hours, the Supervisor will immediately transport the employee to the approved testing facility and notify the Risk Management Department upon return to normal working hours. The Supervisor of the department, Department Safety Coordinator, EHS Specialist and/or EHS Manager shall make the determination of whether an alcohol and drug test should be administered for a reasonable suspicion case based on the investigation and initial observations. The employee will be required to submit to both breath alcohol testing and urine drug testing. 2) The Reasonable Suspicion Testing Report must be completed by the Supervisor, Department Safety Coordinator, EHS Specialist and/or EHS Manager who made the determination of reasonable suspicion during the observation. If possible, another Supervisor, Department Safety Coordinator,EHS Specialist and/or EHS Manager should be present and complete their own Reasonable Suspicion Testing Report without discussing the indicators, if any, with the employee's immediate supervisor or the initial observer. This report shall detail the circumstances that form the basis of the determination that reasonable suspicion existed to warrant testing. Such report shall be Page 6of10 CMA#5312 DRUG FREE WORKPLACE forwarded to the Department Director,EHS Manager and Human Resources Director and shall be kept confidential. 3) The Supervisor of the suspected employee will inform the employee of the suspicion of influence of alcohol, a controlled substance and/or illegal drugs. Another Supervisor, Department Safety Coordinator, EHS Specialist and/or EHS Manager or member of management should be present whenever possible. 4) Upon notification from the Supervisor, Department Safety Coordinator, EHS Specialist and/or EHS Manager suspected employees will immediately cease the performance of their duties and will not be allowed to leave the work site in their county or personal vehicle. A County supervisor will transport the employee to the testing facility and,after the appropriate testing has been completed, to the employee's place of residence. The employee will be placed on administrative leave pending the alcohol and/or drug test results. 5) The Test Identification Form (along with the Reasonable Suspicion Testing Form) shall be used to ensure that all documentation is accurate, the proper type of test is provided and to ensure chain of custody accuracy. D. Random Testing for CDL Operators: The Risk Management Department through its EHS Manager or designee will administer the CDL Random Testing Process as described in this policy. 1) On an annual basis, a minimum of 25% of the average number of employees in CDL required positions in the County will be administered random alcohol tests. Likewise, a minimum of 50% of the average number of employees in CDL required positions in the County shall be administered random controlled substances testing. The selection of drivers for the random testing shall be made using a computer-based program that will randomly select CDL drivers from the County's CDL required employee list. Under this selection process each employee will have an equal chance of being tested each time a random selection is made. 2) The random alcohol and controlled substances tests are unannounced and the dates and times of the testing will be spread reasonably throughout the year, occurring at least once per quarter. There shall be a sufficient number of these tests to meet the minimum number of tests required under the law. 3) The EHS Manager will provide a list of current CDL operators to the County's outside testing agency for random selection in accordance with this policy. 4) The EHS Manager serves as the contact person to be notified that a specific CDL operator has been chosen for a random CDL alcohol and drug test. Each affected department will also have an internal contact person to assist Risk Management in ensuring selected employees are properly tested. The contact person is responsible for seeing that the employee is immediately relieved of any job tasks and immediately transports the employee to the test site to complete their testing. 5) To ensure that adequate business continuity is maintained, Risk Management will make every attempt to provide the list of randomly selected employees to the departments Page 7 of 10 CMA#5312 DRUG FREE WORKPLACE within 3-5 day of the test date. This will allow department management to adequately arrange work schedules accordingly. Under no circumstances shall any department notify the employees who are to be tested prior to their transport to the testing facility on the day of the test. 6) The Test identification form shall be used to ensure that all documentation is accurate, the proper type of test is provided and to ensure chain of custody accuracy. E. Fitness-For-Duty Testing: Employees may be required to undergo an employee fitness-for-duty medical examination, which may include drug testing. An employee's refusal to undergo a fitness-for-duty medical examination or submit to a drug test is considered cause for disciplinary action up to and including dismissal. Any action by the County based upon results of drug tests conducted as part of an employee fitness-for-duty medical examination shall be in accordance with§440.102,Fla. Stat. F. Follow-Up Testing: Follow-up testing will be conducted prior to employees return to work following a positive test result. §5312-6.Safety Sensitive Positions. Since all safety sensitive job tasks cannot be listed within this document,it is the responsibility of the immediate supervisor and/or other department management along with the department safety coordinator and EHS Manager's to determine if the tasks to be performed are safety sensitive by nature.Any position requiring an employee to obtain and maintain a CDL License is considered safety sensitive. A. No employee in a position identified as safety sensitive shall report for duty or remain on duty while using any controlled substances unless such substances are used in accordance with the prescription of a medical doctor who has advised, based on a review of the employee's job description, that the substance will not adversely affect the employee's ability to safely perform his/her job. Employees shall be required to provide written documentation to his/her Supervisor before reporting for duty. The failure of an employee in a position identified as safety sensitive to notify his/her Supervisor prior to beginning work may result in disciplinary action up to and including termination. B. Some Divisions/Departments may wish to implement random testing for employees who could be classified within a safety sensitive position. This type of testing is not required by state or federal law but may be authorized by Risk Management. Those divisions/departments wishing to participate in this program will follow the guidelines set forth for random testing for CDL operators. §5312-7.Medical Review Officer. Collier County contracts with a Medical Review Officer(MRO), who is responsible for interpreting and evaluating an employee's test result. A. If the initial test is positive,the MRO will contact the employee or applicant directly by telephone to discuss the possible use of prescription or non-prescription medications. An employee or applicant who receives a positive confirmed test result may contest or explain the result to the MRO within five working days after receiving written notification of the test result. If the employee's or applicant's explanation or challenge is unsatisfactory or where the employee fails to speak to the MRO, does not return MRO messages, or if the MRO is unsuccessful in contacting Page 8 of 10 CMA#5312 DRUG FREE WORKPLACE the employee or applicant at the number provided, the MRO shall report a positive test result back to the County. B. If the MRO informs the County that a positive drug test was diluted,Collier County Government will treat the test as a verified positive test. The County will not direct the employee to take another test based on the fact that the specimen was diluted. §5312-8.Positive Results. Upon determination of a positive test for alcohol and/or a controlled substance,regardless of the levels: A. The employee must be removed from any and all work tasks for a minimum of 24 hours. The employee may not perform any safety sensitive duties,including, but not limited to: 1) Driving any vehicle or equipment where he/she could potentially injure him/herself or others. 2) Operating any dangerous equipment such as chain saws,riding mowers,etc. 3) Performing any flagging or other work zone activities where he/she could create a greater hazard to him/herself,other employees,the public and/or cause property damage. 4) Conducting any operations such as lockout/tagout,confined space or respiratory protection required activities. B. The employee must participate in a substance abuse program and in accordance with the Substance Abuse Professional's(SAP)direction. C. The employee must submit to required follow-up tests prior to returning to work in any safety- sensitive position. D. Employees may be subject to disciplinary action,up to and including termination of employment. E. CDL employees must comply with all State and Federal Laws applicable to maintaining a CDL. Where there is a conflict between laws,the most restrictive law shall apply. F. The employee or applicant may contest the drug test result pursuant to law. §5312-9.Return to Work. Employees will be subject to follow-up testing after a positive test result prior to returning to their regular duties. Follow-up testing will be scheduled during the employee's regularly scheduled work hours and results must be obtained prior to the employee being allowed to return to any safety-sensitive position or prior to being allowed to perform any safety-sensitive job tasks. The EHS Manager will coordinate with the HR Generalist assigned to the division in which the employee works to schedule testing and any follow-up required of the employee by the Substance Abuse Professional (SAP). Personnel may be required to participate in a substance abuse program upon determination of a positive test. A. Employees in need of assistance in resolving problems associated with alcohol and/or controlled substances use/abuse shall be subject to unannounced follow-up testing as directed by the County's SAP, the Human Resource Department and/or Risk Management Department and in accordance with Section 440.102,Florida Statutes. B. Upon confirmation of a"negative" test result, following the return to work (follow-up) test, the Page 9of10 CMA#5312 DRUG FREE WORKPLACE employee may return to any safety-sensitive duties as long as there are no conflicts with the substance abuse program and/or the SAPs recommendations. As an exception, CDL Operators shall complete all requirements as specified via the SAP prior to returning to any CDL required duties. C. The County is committed to providing reasonable accommodation (including rehabilitation) to those employees whose alcohol or drug problem classifies them as disabled under Federal law, and providing they are not under the influence of drugs or alcohol while on the job.Accordingly, an Employee Assistance Program is available for those employees who voluntarily seek help for alcohol and/or drug problems. Employees may contact their Supervisor or the Human Resources Department for additional information. Depending upon the circumstances, the County may require participation in the Employee Assistance Program as a condition of continued employment. 1) The SAP shall develop the county's follow-up testing plan for the employee in conjunction with County personnel. This plan shall outline the number and frequency of follow up tests. Additionally, there may be a minimum of 6 follow-up tests conducted within the first 12 months after the employee returns to safety-sensitive duties. The SAP may require additional testing for 48 months after the first 12 months of return to a safety-sensitive position 2) Outpatient Rehabilitation programs shall be attended on the employee's time and scheduled outside of work hours; where this is not possible time will be charged against an employee's accrued leave time. In instances where Inpatient Services are required, an employee may request time under FMLA or other applicable leave of absence. §5312-10.Currency. The Human Resources and Risk Management Departments are responsible for maintaining the currency of this Instruction. §5312-11.Reference. Collier County Personnel Ordinance, Ordinance No. 2001-50: Drug Free Workplace: It is the Board of Collier County Commissioners' policy to prohibit the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance in the work place. This policy is consistent with§ 112.0455, Fla, Stat. Additionally, it is the Board of Collier County Commissioners' policy to comply with the Omnibus Transportation Employee Testing Act of 1991. Page 10 of 10 Port of the Islands The Port of the Islands Marina, located on scenic highway US 41, 20 miles from downtown Naples, Florida and a mere 15 minutes from Marco Island and Everglades City, provides boaters with direct access to the Gulf of Mexico and the famed Ten Thousand Islands. • Bait Tanks: two (2) salt water bait tanks for live bait sales. • Boat Dry Storage: There are 38 dry storage boat and trailer spaces. • Fees: o Minimum monthly fee $2.5% of gross income o There is an $8.00 motorized vessel and $4.00 non-motorized vessel launch fee per Collier County Board of County Commissioners Adopted Fee Policy. The proposer shall keep an accurate accounting of this fee. The proposer shall retain this fee. o The Park sells both commercial (100.00) and recreational (75.00) annual launch permits to the boating public. o The Park sells non-resident (50.00) beach parking permits and issues free resident beach parking permits. o Solar Powered Parkeon Fee Meter: is located at the boat ramp area for users without a commercial and/or recreational Collier County Parks and Recreation issued boat launch permit to pay the required and approved launch fee($8.00 or $4.00). (this will purchased 10/1/12 and installed 10/30/12 • Fish Cleaning Station: is located near the boat ramp and is equipped with running water and a disposal station for fish entrails. • Fuel: 3,000 gallons Diesel and 7,000 gallons Ethanol-free fuel. • Hours of Operation: The Ship-store is currently open 7 days a week/365 days a year from 7 am to 2 pm. The Marina and boat ramp are currently open 7 days a week/365 days a year from 7 am to dusk. • Parking: There are 24 boat trailer parking spaces, 6 ship store parking, and 11 public park car parking spaces. • Ramp: There is a one/two lane boat ramp. • Ship-Store/Restrooms/Office/Storage/Meeting Facility: A 2,800 square foot ship store and office provides retail sales including tackle, charts, t-shirts, caps, fuel additives, live and frozen bait, ice, drinks, lottery, and snacks; restroom facilities; manatee education kiosk required by FWC permit; storage room; and adjacent meeting facility. Port Of The Islands Park . r ParA ...Re)re ion - ..q ,. � - � r o f t..4.,4,,,,. .'' - ....,.., • : -47 g ._ : ,r,,,,,,„,„„:„.:,.. , __.: ,., ..,„..13 .. . :tr._ tr 6 , •: ,.,-_•0„;„4,3z--.__,? .. .,..L , -- wj 4 z . _ M tom? :gam y sr °m� 6 �,ti; X.7I"�0� III ,KV: x �[.d ,. to d ".A�Ca� Leo}a� y � t . Port of tha islands Park N Facilttiu: 26040 Tinliami Mil Boat Launch IJaples,Florida 34114 24 parking apaees F«t �� E Furl Dock 0 500 1,000 r Marina Rest Rooms S'UNtsours.:2009 Mr1 h-Collet C.unq Pre9!An4 Or aIel S, Boat Btoraga' by C.1wCebnH P.drs and R.er..uen H:ACCRE x/ATM V.O#K800K70i0-G15 n..%c.IMr Coy Pab. I Goodland Boat Park The Goodland Boat Park(Marina), located on the historic island of Goodland, Florida provides direct access to the Ten Thousand Islands, the celebrated backwaters of the Everglades. • Bait Tanks: there are 6 salt water bait tanks for live bait. • Boat Slips: There are 22 wet slips equipped with water and power. One slip is made available to local law enforcement. There is also 1 floating dock that is ADA accessible. • Fees: o Minimum monthly fee $2.5% of gross income o The Park sells both commercial (100.00) and recreational (75.00) annual launch permits to the boating public. o There is an $8.00 motorized vessel and $4.00 non-motorized vessel launch fee per Collier County Board of County Commissioners Adopted Fee Policy. The proposer shall keep an accurate accounting of this fee. The proposer shall retain this fee. • Solar Powered Parkeon Fee Meter: is located at the boat ramp area for users without a commercial and/or recreational Collier County Parks and Recreation issued boat launch permit to pay the required and approved launch fee ($8.00 or$4.00). • Fish Cleaning Station: is located near the boat ramp and is equipped with running water and a disposal station for fish entrails. • Fishing and Observation Platforms: are located on the dock. • Hours of Operation: The Ship-store is currently open 7 days a week/365 days a year from 7 am to 2 pm. The Marina and boat ramp are currently open 7 days a week/365 days a year from 7 am to dusk. o The Marina is equipped with an automatic gate at the land-side entrance to the park. The gate is timed to open at 6:30 am and to close at dusk. If you are in the Marina after operating hours you are able to leave the park but you are not to enter; the gate does not permit re-entry after hours. • Parking: There are 75 boat trailer parking spaces and 16 car parking spaces. • Picnic Pavilion: a covered picnic pavilion with electrical outlets and 4 picnic tables is located adjacent to the Ship-Store facility. An in-ground b-b-q is available adjacent to the pavilion. • Ramp: one/two lane boat ramp. • Ship-Store/Restrooms/Office/Storage/Meeting Facility: A 1,725 square foot building reminiscent of traditional"Cracker" Florida architecture with a wrap-around porch, provides limited retail sales including tackle, charts, t-shirts, caps, fuel additives, live and frozen bait, ice, drinks, and snacks; a dock-master office; storage room; and adjacent meeting facility. o Restroom Facilities: located on the outside of the building. Doors open automatically at 7 am and close at dusk 7 days a week/365 days a year. • Special Events: Collier County Parks and Recreation, per a Limited Use Agreement approved by the Board of County Commissioners, provides space at the Marina for a minimum of three (3) annual at a maximum two-day special events that do infringe on the MOA. o The Goodland Boat Parade: March annually. o The Goodland Birthday Party: March annually. o The Goodland Christmas Bazaar: December annually. In addition, a number of fishing tournaments are held each year by local/regional organizations that will utilize the boat ramp and make purchases from the Shy ip-Store. a }} � _ ,A4hr....,''''+1. III' ,...,67,.. ; Cs.:.''.,""'" \\,,,, ___ , V', ( .,.._„.r.., C \.a r ,r -- : . ! ,,,.., _ ___. ..„:.)...' 5 `. E; , . „ e„.. o --. ",„,,, r + .. 4 , _ 4 Cocohatchee The Cocohatchee River Park Marina, located in North Naples, provides boaters and fisherman with direct access to the Gulf of Mexico through Wiggins Pass. • Bait Tanks: there are 2 salt water bait tank for live bait sales. • Fees: o Minimum monthly fee $2.5% of gross income o The Park sells both commercial (100.00) and recreational (75.00) boat launch permits to the boating public. o The Parks sells non-resident (50.00) and issues free resident beach parking permits. o There is an $8.00 motorized vessel and $4.00 non-motorized vessel launch fee per Collier County Board of County Commissioners Adopted Fee Policy. The proposer shall keep an accurate accounting of this fee. The proposer shall retain this fee. • Solar Powered Parkeon Fee Meter: is located at the boat ramp area for users without a commercial and/or recreational Collier County Parks and Recreation issued boat launch permit to pay the required and approved launch fee ($8.00 or$4.00). • Fish Cleaning Station: is located near the boat ramp and is equipped with running water and a disposal station for fish entrails. • Fuel: 3,000 gallon Diesel and 9,000 gallon Non-ethanol fuel tanks. • Hours of Operation: The Ship-store is currently open 7 days a week/365 days a year from 7 am to 3 pm. The Marina and boat ramp are currently open 7 days a week/365 days a year from 7 am to dusk. • Parking: There are 58 boat trailer parking spaces and 28 park car parking spaces. • Ramp: One/two lane launch ramp. • Ship-Store/Restrooms/Office/Storage: A 1,060 square foot ship store and office provides retail sales including tackle, charts, t-shirts, caps, fuel additives, live and frozen bait, ice, drinks, and snacks; restroom facilities are located at the Coast Guard Station • Wet Slips: 28 wet slips are available for short and Iona term rental. Cocohatchee River Park i, a .� 1. i ,..7 Pik ' �, s ,,,.rye , 7 Y 2. it t=Rift` "� v a H, t 7o Wl 11B Marina ' ti ""b = q ,,7: Statk i■ . r ¢ . ,. 01y�y 99 ¢ _ P e $ p� t.dt F - !p a TO ) e, d p '{ 'y' y s � ,. 4, t, .> . } tip ,� 4,Y -1 1404 r •, t ti. mw { r.„„ ,,,„4..v. , „ , } - '� } '� Ply f do : ,.i r� 4+ } Corn, trtteC -iv-is Parks fl. Recreation -, Careen a -tom f1 9 ; A - Cocohatchee River Park N Facilitise 13531 Vanderbilt Drive Four lane boat ramp*,concession Naples,Florida 34108 with Kiel,bait,tack,food and• drinks;playground;rest rooms (239)951.8596 S 'Feet- "......0 Roads 0 300 900 Lk* Sewer.7uoeMet*-Coast County rmv.rq Apptu.er Cleated be Geiger Cawley hots ane Rocr..ndn - - - Hours:Sunrise to sundown HIACCREORATKW WORKBOOK 20i0t'OIS nupsJCo5MrCour*Panty I Caxambas Boat Park The Caxambas Boat Park, located on Marco Island, Florida the largest in the Ten Thousand Island chain, provides boaters and fisherman with easy access to the Gulf of Mexico and the Ten Thousand Island chain. • Bait Tanks: there is 1 salt water bait tank for live bait sales. • Coast Guard Auxiliary Station: provides boating classes • Fees: o Minimum monthly fee $2.5% of gross income o The Park sells both commercial (100.00) and recreational (75.00) boat launch permits to the boating public. o The Parks sells non-resident (50.00) and issues free resident beach parking permits. o There is an $8.00 motorized vessel and $4.00 non-motorized vessel launch fee per Collier County Board of County Commissioners Adopted Fee Policy. The proposer shall keep an accurate accounting of this fee. The proposer shall retain this fee. • Solar Powered Parkeon Fee Meter: is located at the boat ramp area for users without a commercial and/or recreational Collier County Parks and Recreation issued boat launch permit to pay the required and approved launch fee ($8.00 or$4.00). Meter will be ordered 10/1/12 and installed 10/30/12. • Fish Cleaning Station: is located near the boat ramp and is equipped with running water and a disposal station for fish entrails. • Fuel: 5,011 gallon Diesel and 5,011 gallon Ethanol-free fuel. • Hours of Operation: The Ship-store is currently open 7 days a week/365 days-a year from 7 am to 5 pm. The Marina and boat ramp are currently open 7 days a week/365 days a year from 7 am to dusk. • Parking: There are 32 boat trailer parking spaces (8 overflow grass parking , 20 car parking spaces. • Ramp: One/two lane launch ramp. • Ship-Store/Restrooms/Office/Storage: A 1,098 square foot ship store and office provides retail sales including tackle, charts, t-shirts, caps, fuel additives, live and frozen bait, ice, drinks, lottery, and snacks; restroom facilities; and small storage room. Caxambas Park 'w ' ° _., '. ReCf'@t�t0"1 T' 1 j4 Alp. c- aid Auxiliary ° ,°j A ,fir '� .4 ..'ice_. .;vim` Raµtrourn .. t' i € 2 s+ - i _ "i"?'' ' � ,..2. Caxambas Paa�1 i da .1..1 1 �.. R ' Caxambas Park N Facilities: 909 South Collier Court Two lane boat ramp;concesalort Marco Island,Florida 34145 with fuel,balk,tackle,food and drinks; (239)642-0004 W • F. picnic area;rest rooms $ South Collier Court feet Q Property line. 0 5160 400 Souse:2000Mr1.b•Coan County RoPOryftaane t Mond: Crated bA Collier County Perla.nd R.a..am- Monday th�0uph Sunday H•ACOREDITATION WORKBOOK.2010004 mopaCodier Courtly P..t 7:00 AM to 6:00 PM REQUEST FOR PROPOSAL ier County Purchasil COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS solicitation 12-5914R Outsourcing of County Marinas Scott D. Johnson, Procurement Strategist 239/252-8995(Telephone) 239/252-6588(Fax) ScottJohnson @colliergov.net(Email) This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. Purchasing Depa tnad•3327 Tamlami Trail East Naples,Florida 341124901•wwa,colliergov.netrpwthasing Table of Contents LEGAL NOTICE 3 EXHIBIT I:SCOPE OF WORK,SPECIFICATIONS AND RESPONSE FORMAT 4 EXHIBIT II:GENERAL RFP INSTRUCTIONS 16 EXHIBIT III:COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS 20 EXHIBIT IV:ADDITIONAL TERMS AND CONDITIONS FOR RFP 24 ATTACHMENT 1:VENDOR'S NON-RESPONSE STATEMENT 32 ATTACHMENT 2:VENDOR CHECK LIST 33 ATTACHMENT 3:CONFLICT OF INTEREST AFFIDAVIT 34 ATTACHMENT 4:VENDOR DECLARATION STATEMENT 35 ATTACHMENT S:AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS 37 ATTACHMENT 6:IMMIGRATION AFFIDAVIT CERTIFICATION 38 ATTACHMENT 7:VENDOR SUBSTITUTE W—9 39 ATTACHMENT 8:INSURANCE AND BONDING REQUIREMENTS 41 ATTACHMENT 9:REFERENCE QUESTIONNAIRE 43 12-5914 RFP_Non CCNATempiate_03012012 2 1 cot Ackrinistrarive Services Division Purchasing Legal Notice Sealed Proposals to provide Marina operations services will be received until 3:00 PM Naples local time, on September 18, 2012 at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. Solicitation 12-5914R Outsourcing of County Marinas Services to be provided shall include, but not be limited to the following: outsourcing and managing all aspects of one, or more than one, of the County's marina operations as identified in Exhibit A, including all equipment, supplies, and labor to provide services to the public. A non-mandatory pre-proposal conference will be held on September 5, 2012, commencing promptly at 10:00 AM, and will be held in the Purchasing Department Conference Room, Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. All statements shall be made upon the official proposal form which may be obtained on the Collier County Purchasing Department E-Procurement website: www.collieraov.net/bid. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, BY: /S/ Joanne Markiewicz Interim Purchasing & General Services Director This Public Notice was posted on the Collier County Purchasing Department website: www.colliergov.net/purchasino and in the Lobby of Purchasing Building "G", Collier County Government Center on August 27, 2012. ;y illw -f Purchasing Depa'mani.3301 Tamiami Trail East•Nom,Florida 34112•www.colliergov.net/puithasing 12-5914 RFP_Non CCNATemplate_03012012 3 Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Parks & Recreation Department (hereinafter, the "Division or Department"), the Collier County Board of County Commissioners Purchasing Department (hereinafter, "County") has issued this Request for Proposal (hereinafter, "RFP")with the intent of obtaining proposals from interested and qualified firms in accordance with the terms, conditions and specifications stated or attached. The Vendor, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated herein. Summary of Work The County Parks and Recreation Department is seeking vendor proposals to outsourcing and managing all aspects of one, or more than one, of the County's marina operations as identified in Exhibit A, including all equipment, supplies, and labor to provide services to the public. Background The County is interested in receiving proposals for a lease/management agreement for the four (4) County owned marinas. The Parks and Recreation Department is committed to providing quality services to the citizens of Collier County. The focus is to provide the public, both residents and visitors, with unique recreation experiences. The County's parks and recreation facilities contribute to the health of the community's residents enhance the integrity and quality of the natural environment and attract visitors to the community, thereby contributing to local tourism and economic development. Detailed Scope of Work General Marina Operations Tasks The operation of the Marina Operations Area (MOA) by the Proposer will be done in a manner consistent with the highest standards achievable. See document labeled 12-5914R Outsourcing of County Marinas Attachment A Locations available for download at: http://bid.colliergov.net/bid/ for specific information regarding the layout and location details of each marina The successful proposer shall have the ability to conduct such operations as allowing commercial fishing activities for a fee; along with allow concessionaires the ability to operate out of the park in a safe and orderly manner. The proposer shall adhere to the fee schedule set forth by the Board of County Commissioners The Marina operations tasks include but are not limited to: • Dry slip assignment and boater registration • Collection of fees and charges excluding those fees from the Solar Powered Parkeon Parking Meter • Issuance of annual recreational and commercial Collier County boat launch permits • Merchandise sales 12-5914 RFP_Non CCNATemplate_03012012 4 • Cash management and deposit of monies • Credit/debit card processing capabilities • Reservations for day slip rentals • Radio contact with boaters • Posting weather and tide reports • Boater evictions—dry storage • Retail sales and services • Maintain Clean Marina Designation • Live Bank Tank Maintenance • Cleaning of restroom facilities • Cleaning of shipstore • Cleaning of fish cleaning table Staffing A manager shall be onsite during the hours of operation. When the manager is absent, the operation shall be directed by an assistant manager, experienced and trained in Marina operations and at least 21 years of age. There shall be an after-hours contact person available by telephone and the contact phone number shall be provided to wet slip renters and the Director of Collier County Parks and Recreation. Background checks and drug tests must be conducted on all employees prior to performing services at the Marina. The proposer must have a drug and alcohol policy consistent with County Policies (see attachment B CMA 5312). The Proposer shall provide each employee with its employee policies handbook. If the County has reasonable evidence to believe that any employee of the Proposer is incompetent, disorderly or otherwise has performed his/her duties in an objectionable manner, the County will provide the Proposer with a written report and expect the Proposer to fully investigate the allegation(s) and take the appropriate action. The County is expecting that current Marina employees will be provided an opportunity for employment with the Proposer if the County elects to enter into an agreement. The Proposer's response shall include a discussion for the continued employment of the current employees. Facilities Under a Lease agreement, the Proposer acknowledges it is receiving management of the MOA in its current "as is" condition. The Proposer will maintain the premises in good order and in sanitary and safe conditions. Supplies and Equipment Under the Lease agreement, the Proposer shall maintain all existing furniture, equipment, fixtures within the MOA in good working order. The Proposer shall supply salt and filters as needed to maintain and operate the live bait. 12-5914 RFP Non_CCNATemplate_03012012 5 Utilities Under the Lease agreement, the Proposer will provide utility services required by the MOA where applicable and pay the monthly utility fees including water, electric, sewer, and security. Fees and Charges Under the Lease agreement, the Proposer shall provide the County with a copy of the customer fee schedule for those services within the MOA. Customer fee schedule will include retail cost of ship store merchandise including but not limited to food, sundries, clothing, maps, live and frozen bait, tackle, and ice. Customer fee schedule will also include fees for day dry slip and long-term dry slip rental. The County shall receive in addition to the monthly lease fee all fees associated outside the MOA including the $8.00 and $4.00 per vessel launch fee; recreational and commercial annual launch permits; and non-resident beach parking permit revenues. The successful proposer may retain the fees within the approved fee schedule by the Board of County Commissioners. The fees shall be included in the gross sales for the location. The Parks and Recreation Department shall be paid a percentage of the gross revenue per park. These fees are due on the 15th of each month If not paid timely a late charge of 10% per day will be added to fees due. The County will pay "The Retreat at Port of the Islands" annual fee per the County's purchase agreement. Ship-store Operations The Proposer must use point-of-sale electronic cash machines or other electronic accounting control equipment for the proper control of all payments. Cash register tapes must be maintained and made available upon demand during the term of the Agreement with Collier County. All electronic cash equipment and accounting procedures must be approved by the Collier County Finance Department. All sales must be accompanied by a receipt to the customer. The Proposer may sell any concessions and boating supplies desired as long as such items are permitted under Florida state law and the Proposer has obtained the proper licensing/tax permits for such sales. Under the Lease Agreement, any equipment necessary for the sale of concessions, other than the existing equipment, must be furnished and maintained by the Proposer. Trash, Rubbish, and Garbage Removal, Including Recycling Under the Lease agreement, the County shall be responsible for providing County approved trash and recycling receptacles. The County shall provide a dumpster and enclosure. The County shall be responsible for the removal of all trash from the dumpster. ' The Proposer shall be responsible for cleaning the fish cleaning tables daily and emptying the fish entrails receptacles, located at the fish cleaning tables, into the dumpster daily. The Proposer agrees to perform daily removal of litter in the immediate exterior area within fifty (50) feet of the shipstore. 12-5914 RFP_Non_CCNATemplate_03012012 6 Capital Improvements Under the Lease agreement, the Proposer will be permitted to make capital improvements to any facility within the MOA with the written approval of the Director and Senior Project Manager of Collier County Parks and Recreation. All capital improvements will become the property of Collier County at the end of the terms of the lease. General Repairs and Maintenance Under the Lease agreement, the Proposer shall keep the MOA in good order. The County will make and/or manage all repairs including, but not limited to: • Landscaping: mowing, herbicide and pesticide application • Painting • Boat Ramp • Roadways and sidewalks within the park • Exotic flora/faunal removal • County, State, and Federal signage within the Park • Docks, wet and/or dry slips. • Fuel tank monthly inspections and repairs To ensure the MOA facilities are maintained in safe condition, all Proposers shall perform routine inspections as per a mutually agreed upon schedule (documented in an inspection log available for County inspection). MOA are to be available for inspection by designated County representatives during regular operating hours and at other times upon reasonable notice. Reporting Requirements All Proposers must submit a written monthly report to the Collier County Parks and Recreation Operations Manager including but not limited to: • Slip occupancy (both number and dollars), historical comparison • Fuel sales (both number and dollars), historical comparison • Marketing promotions • Non-routine expenses • Safety and Environmental Incidents • Boat Launches: motorized and non-motorized (both number and dollars), historical comparison • Special Events (number of events and attendees) • Resident beach parking permits issued • Non-resident beach parking permits issued • Commercial boat launch permits issued • Recreational boat launch permits issued In the event of an accident, incident to park visitors and/or property the Proposer must telephone the Director of Collier County Parks and Recreation immediately followed by a written incident report (Forms will be provided to the awarded vendor.) 12-5914 RFP_Non CCNATemplate_03012012 7 Closure of Facilities-Loss of Equipment If closure of the facilities or loss of equipment to some but not all of the facilities or equipment due to fire damage, flood, hurricane, civil disorder, strikes, act of Nature, etc., the County will allow pro-rata adjustment of monthly payments based on a daily rate from the time of closure up to the time the damage is repaired or other circumstances return to normal. Annual Financial Review Under the Lease agreement, the Proposer shall provide, at its expense, an annual independent review of the Proposer's financial records related to any marina covered by the contract(s). The purpose of this review is to substantiate that the County has been compensated in accordance with the Lease agreement. Marketing The Proposer shall actively market the boating opportunities at the Marina. The Proposer will prepare and implement a comprehensive Marketing Plan that will be approved by the Collier County Parks and Recreation Department for the Marina with annual updates. The Proposer shall utilize a website, as well as printed material, that describes the services and facilities available at the Marina. Under the Lease agreement, advertising expenses are solely the responsibility of the Proposer. Safety and Security The County will not assume any responsibility for Marina security other than the security cameras at the wet-slips, in the ship-store, and on the Marina common areas and routine law enforcement patrols on land and on the water and Collier County Park Ranger patrols. The Proposer is to have a written safety and security plan for the MOA. The Proposer will cooperate with all jurisdictional law enforcement agencies and personnel. Restrooms The public restrooms will be cleaned by the Proposer. Toilet paper and other restroom supplies will be supplied by the Proposer. The Proposer will be expected to ensure that the restrooms are inspected for cleanliness and stocked with supplies on a daily basis and perform any cleaning service that needs to be performed. Term of Contract The contract term, if an award(s) is/are made is intended to be for an initial ten years (10)with options of additional one (1)ten year(10) periods. The County reserves the right to renegotiate rates at each renewal period. The County reserves the right to terminate the agreement and should the County exercise that right, to terminate this agreement, the operation shall be appraised and the County will purchase the inventory and operational supplies at a median of two appraisals. Should there be any amount owed to the County by the winning proposer, that amount shall be deducted from the total. 12-5914 RFP_Non_CCNATemplate_03012012 8 Projected Solicitation Timetable The following projected timetable should be used as a working guide for planning purposes only. The County reserves the right to adjust this timetable as required during the course of the RFP process. Issue Solicitation Notice 8/27/2012 Last Date for Receipt of Written Questions 9/7/2012, 12 Noon, Naples Local Time Non-mandatory pre-solicitation meeting 9/5/2012, 10AM, Naples Local Time and Locations Addendum Issued Resulting from Written Questions or Pre- 9/7/2012 Proposal Conference (Include if applicable) Solicitation Deadline Date and Time 9/18/2012, 3PM, Naples Local Time Anticipated Evaluation of Submittals 9/18 thru 10/15/2012 _Vendor Presentations if Required TBD Anticipated Board of County Commissioner's Contract 11/2012 Approval Date Response Format The Vendor understands and agrees to abide by all of the RFP specifications, provisions, terms and conditions of same, and all ordinances and policies of Collier County. The Vendor further agrees that if it is awarded a contract, the work will be performed in accordance with the provisions, terms and conditions of the contract. To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the guidelines set forth in this RFP. Any portions of the proposal that do not comply with these guidelines must be so noted and explained in the Acceptance of Conditions section of the proposal. However, any proposal that contains such variances may be considered non-responsive. Proposals should be prepared simply and economically, providing a straightforward concise description of the Vendor's approach and ability to meet the County's needs, as stated in this RFP. All proposals should be presented as described in this RFP in PDF or Microsoft Word format with Tabs clearly marked. If outlined in this RFP, the utilization of recycled paper for proposal submission is strongly encouraged. The items listed below shall be submitted with each proposal and should be submitted in the order shown. Each section should be clearly labeled, with pages numbered and separated by tabs. Failure by a Vendor to include all listed items may result in the rejection of its proposal. 1. Tab 1, Cover Letter/ Management Summary— not to exceed 2 pages; suggested font is Arial, 10 pitch 12-5914 RFP_Non CCNATemplate 03012012 9 Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein. Include the name(s), telephone number(s) and email(s) of the authorized contact person(s) concerning proposal. Submission of a signed Proposal is proposer's certification that the proposer will accept any awards, and all contract terms and conditions identified as a result of this RFP. 2. Tab 2, Statement of Experience(10 Points)—Not to exceed five (5) pages; suggested font is Arial, 10 pitch The Proposer must submit a statement of experience that summarizes the Proposer's experience managing marinas. In addition, the Proposer will provide a narrative highlighting prior management experience in the areas listed below: a. Resumes and description of experience of key personnel b. Marina size, location, amenities, maintenance program and type of operation c. Customer service d. Staffing policies e. Financial reporting and management systems f. Safety and security g. Marketing h. Community involvement i. Environmental protection and compliance j. Safety plan/employee training k. Proposer's years in business I. Memberships in trade/business associations 3. Tab 3, Business Plan Narrative (10 Points)—Not to exceed five (5) pages; suggested font is Arial, 10 pitch The Proposer will provide the approach it will take to the operation at the Marina. The approach should meet or exceed the scope of work outlined in this RFP. The following should be included in the proposal narrative: a. Overall Management Strategv. The Proposer will describe its overall management strategy for operating the Marina, clearly stating any assumptions made. b. Marina Operating and Maintenance Plans. The Marina Operating Plan should describe, in detail, how the Proposer would operate and maintain the Marina. The Proposer should ensure that the Operating and Maintenance Plans address each one of the requirements outlined in this RFP. The Plan should identify the cash handling software and reporting capabilities. The Plan should provide a list of all customer charges and fees to be approved by the Director of Collier County Parks and Recreation. The Plan should clearly identify any deviation from the current practices or requirements. 12-5914 RFP_Non_CCNATemplate 03012012 10 c. Marina Transition Plan. The Proposer will describe its overall transition plan from County managed to contracted management. d. Marina Marketing Plan. The Marina Marketing Plan should describe the short-term and long-term marketing strategies to improve overall occupancy and revenues. The plan should identify what the Proposer sees as the primary, as well as the secondary, boater target markets for the Marina. 4. Tab 4, Marinas of Interest(20 Points) Proposers will be awarded points for the number of properties they are interested in managing, including all services identified in this RFP. Please indicate: Provide the number of properties that the proposer intends to manage, including all services identified in this RFP. Please identify each of the addresses that the proposer wishes to manage. NOTE: The number of properties identified above x 10 will be multiplied by 10. Multiple the figure reported in box 1 above by,s 1�0 to deter mine score.0T$QT of Jn s u*p � �Ntef . Prior J i to the Selection Committee reviewing proposals, the following methodology will be applied to each Proposer's information provided in this area in the requested information above: • The County will take the proposer's TOTAL Marinas of Interest. • The highest number of points (20)will be awarded to the proposer's organization that has the highest TOTAL Marinas of Interest. • The next highest TOTAL Marinas of Interest will be divided by the highest TOTAL Properties of Interest which will then be multiplied by 20 points to determine the proposer's Points Awarded. Each subsequent proposer's Total Score will be calculated in the same manner. • Points awarded will be extended to the first decimal point (per Microsoft Excel). For illustrative purposes only, see chart for an example of how these points would be distributed among the six proposers. 3 e�� Becky Brilhart 4 20.0 Jane Johnson 3 15.0 Pete Curran 3 15.0 Fred Carnell 3 15.0 Blake Reaves 2 10.0 Mr. Tattle 1 5.0 The Points Awarded by propose will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the proposer's proposal to 12-5914 RFP Non_CCNATemplate_03012012 11 ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per proposal. The Selection Committee may, at their sole discretion modify the points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. 5. Tab 5, Commission Returned to the County(20 Points) On a monthly basis, the vendor shall be responsible for payment of the Marina's metered utilities (electric and water). Additionally, the proposer shall pay to the County a stated monthly minimum guarantee. Provide the following information: Port of the Isles: Minimum monthly guarantee to the County. $ (Monthly Revenue Per the bid specifications, the County will only entertain offers Projection) above a monthly guarantee of$2.5% of gross income. Goodland Boat Park: Minimum monthly guarantee to the $ County. (Monthly Revenue Projection) Per the bid specifications, the County will only entertain offers above a monthly guarantee of$2.5% of gross income. Cocohatchee: Minimum monthly guarantee to the County. $ (Monthly Revenue Per the bid specifications, the County will only entertain offers Projection) above a monthly guarantee of$2.5% of gross income. Caxambas Boat Park: Minimum monthly guarantee to the $ County. (Monthly Revenue Projection) Per the bid specifications, the County will only entertain offers above a monthly guarantee of$2.5% of gross income. Prior to the Selection Committee reviewing proposals, the following methodology will be applied per Marina to each vendor's information provided in this area: • The highest number of points (20) will be awarded to the vendor who has the greatest dollar Minimum monthly guarantee per MARINA. • All remaining vendor's Minimum monthly guarantee per MARINA will be divided by the highest vendor's Minimum monthly guarantee per MARINA which will then be multiplied by 20x points to determine the vendor's points awarded. Each subsequent vendor's score will be calculated in the same manner. • Points awarded will be extended to the first decimal point (per Microsoft Excel). For illustrative purposes only, see chart for an example of how these points would be distributed among the five proposers. Y 1 i7��O�4E � �f �}#f � 2�� ,�, to Y i�g 4 I'�J `�''�. '� pt7 -.. 8 A ., f y '�1 j t � _. Vendor ABC $10,000 20.0 Vendor DEF 9,575 19.2 Vendor GI-II 9,500 19.0 12-5914 RFP Non CCNATemplate 03012012 12 Vendor JKL 9,500 19.0 Vendor MNO 9,250 18.5 Vendor PQR 9,000 18.0 The Points Awarded by vendor will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the vendor's proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per vendor. The Selection Committee may, at their sole discretion, contact references and/or modify the reference points assigned after a thorough review of the proposal and prior to ranking of the final Selection Committee. 6. Tab 6, Financial, Reporting and Monitoring Practices(20 Points) Provide information on the proposer's financial and managerial practices in the format identified below. 1. If proposer conducts an external audit review once a year, please indicate 10 points in the column to the right; if no, indicate"0." Provide evidence of a complete report. 2. If proposer has a certified public accountant (CPA) on staff or has hired a certified accounting firm to prepare its financial transactions, please indicate 10 points in the column to the right; if no, indicate "0." Provide resume of CPA on staff or outside accounting firm contract. 3. If proposer has a financial cash handling procedure, please indicate 10 points in the column to the right; if no, indicate "0." Provide evidence of cash handling procedure. 4. If proposer has a business policy and procedural manual, please indicate 10 points in the column to the right; if no, indicate "0." Provide evidence of the manual or a portion of the manual. 5. Total current amount of dollars in proposer's capital reserve account. Indicate if the account is restricted or unrestricted. Tr ,;4 � 111IFF+ ' , it 1£'s AI Il rik4l I iH i k, s4 p6r° r I ��{s h1� � .Xaj M 1 r f�k t� � »+ 4a'4� lcial, R@ ortt Mo rth brr �r r1c >, 9" �Io j' , N �i k Ulyg a.i lip ifi ll' 12-5914 RFP— Non CCNATemplate_03012012 13 `TOIL b0 _??6Ti 14141 ` r u;l..,77't,�'� ruN iliNaiyy'" ' Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each Proposed Scope of Services provided in this area in the requested information 1 —5 above: • The County shall total each proposer's Financial, Reporting and Monitoring Practices. • The highest number of points (20)will be awarded to the proposer whose Proposed Scope of Services has the greatest Financial, Reporting and Monitoring Practices TOTAL. • The next highest proposer will be divided by the greatest proposer's Financial, Reporting and Monitoring Practices TOTAL which will then be multiplied by 20 points to determine the proposers's Points Awarded. Each subsequent proposer's score will be calculated in the same manner. • Points awarded will be extended to the first decimal point (per Microsoft Excel). For illustrative purposes only, see chart for an example of how these points would be distributed among the six proposers. see � ylt, P � - ® fi tl °_ S - 4` ? .ur_ . Becky Brilhart $1,150,000 20.0 Jane Johnson 950,000 16.5 Pete Curran 950,000 16.5 Fred Carnell _ 225,000 3.9 Blake Reaves 50,000 0.9 Mr. Tattle 10,000 0.2 The Points Awarded by proposer will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the proposer's proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per proposer. The Selection Committee may, at their sole discretion modify the points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. 7. Tab 7, References (10 Points) In order for the vendor to be awarded any points for this tab, the County requests that the vendor submits three (3) completed reference forms from clients whose projects are of a similar nature to this solicitation as a part of their proposal. The County will only use the methodology calculations for the first three (3) references (only) submitted by the vendor in their proposal. Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each vendor's information provided in this area: • The County shall total each of the vendor's five reference questionnaires and create a ranking from highest number of points to lowest number of points. References marked with an N/A(or similar notation will be given the score of zero (0)). Vendors who do not turn in reference forms will be counted as zero (0). • The greatest number of points allowed in this criterion will be awarded to the vendor who has the highest score. 12-5914 RFP_Non_CCNATemplate 03012012 14 • The next highest vendor's number of points will be divided by the highest vendor's points which will then be multiplied by criteria points to determine the vendor's points awarded. Each subsequent vendor's point score will be calculated in the same manner. • Points awarded will be extended to the first decimal point (per Microsoft Excel). For illustrative purposes only, see chart for an example of how these points would be distributed among the five proposers. � � �A s � : .', .ua G p , x � F . '51" � .&5+. 2 }" 5 Vendor ABC 245 10.0 Vendor DEF 235 9.6 Vendor GHI 225 9.2 Vendor JKL 200 8.2 Vendor MNO 200 8.2 Vendor PQR 50 2.0 The points awarded by vendor will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the vendor's proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per vendor. The Selection Committee may, at their sole discretion, contact references, and/or modify the reference points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. 8. Tab VIII, Required Form Submittals • Attachment 2: Vendor Check List • Attachment 3: Conflict of Interest Affidavit • Attachment 4: Vendor Declaration Statement • Attachment 5: Affidavit for Claiming Status as a Local Business • Attachment 6: Immigration Affidavit Certification • Attachment 7: Vendor Substitute W-9 • Attachment 8: Insurance and Bonding Requirements • Attachment 9: Completed Reference Questionnaires • Other: i.e. signed addenda, licenses or certifications, promotional materials, etc 12-5914 RFP Non CCNATemplate 03012012 15 Exhibit II: General RFP Instructions 1. Questions Direct questions related to this RFP to the Collier County Purchasing Department E-Procurement website: www.collieroov.net/bid. Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Purchasing Department E- Procurement website. For general questions, please call the referenced Procurement Strategist noted on the cover page. 2. Pre-Proposal Conference The purpose of the pre-proposal conference is to allow an open forum for discussion and questioning with County staff regarding this RFP with all prospective Vendors having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the RFP. Only written responses to written questions will be considered official, and will be included as part of this RFP as an addendum. All prospective Vendors are strongly encouraged to attend, as, this will usually be the only pre- proposal conference for this solicitation. If this pre-proposal conference is denoted as"mandatory", prospective Vendors must be present in order to submit a proposal response. 3. Compliance with the RFP Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFP may result in disqualification. 4. Ambiguity, Conflict, or Other Errors in the RFP It is the sole responsibility of the Vendor if the Vendor discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, to immediately notify the Procurement Strategist, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Strategist will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the Purchasing Department. 5. Proposal, Presentation, and Protest Costs The County will not be liable in any way for any costs incurred by any Vendor in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures. 6. Delivery of Proposals All proposals are to be delivered before 3:00 PM, Naples local time, on or before September 18, 2012 to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 12-5914 RFP_Non CCNATemplate_03012012 16 Attn:, Scott D. Johnson, Procurement Strategist The County shall not bear the responsibility for proposals delivered to the Purchasing Department past the stated date and/or time indicated, or to an incorrect address by Vendor's personnel or by the Vendor's outside carrier. However, the Purchasing/General Services Director, or designee, shall reserve the right to accept proposals received after the posted close time under the following conditions: • The tardy submission of the proposal is due to the following circumstances, which shall include but not be limited to: late delivery by commercial carrier such as Fed Ex, UPS or courier where delivery was scheduled before the deadline. • The acceptance of said proposal does not afford any competing firm an unfair advantage in the selection process. Vendors must submit one (1) paper copy clearly labeled "Master," and six(6) disks fCD's/DVD's) with one copy of the proposal on each disk in Word, Excel or PDF. List the Solicitation Number and Title on the outside of the box or envelope. 7. Validity of Proposals No proposal can be withdrawn after it is filed unless the Vendor makes their request in writing to the County prior to the time set for the closing of Proposals. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process. 8. Method of Source Selection The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 87-25, and Collier County Resolution Number 2006-268 establishing and adopting the Collier County Purchasing Policy. The County may, as it deems necessary, conduct discussions with qualified Vendors determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. 9. Evaluation of Proposals The County's procedure for selecting is as follows: 1. The County Manager shall appoint a Selection Committee to review all proposals submitted. 2. Request for Proposals issued. 3. Subsequent to the closing of proposals, the Procurement Strategist and Project Manager shall review the proposals received and verify whether each proposal appears to be minimally responsive to the requirements of the published RFP. 4. Meetings shall be open to the public and the Procurement Strategist shall publicly post prior notice of such meeting in the lobby of the Purchasing Building at least one (1) day in advance of all such meetings. 5. The committee members shall review each Proposal individually and score each proposal based on the evaluation criteria stated herein. 6. Prior to the first meeting of the selection committee, the Procurement Strategist will post a notice announcing the date, time and place of the first committee meeting. Said notice shall be posted in the lobby of the Purchasing Building not less than three (3)working days prior to 12-5914 RFP_Non CCNATemplate_03012012 17 the meeting. The Procurement Strategist shall also post prior notice of all subsequent committee meetings and shall endeavor to post such notices at least one (1) day in advance of all subsequent meetings. 7. The committee will compile individual rankings, based on the evaluation criteria as stated herein, for each proposal to determine committee recommendations. The committee may at their discretion, schedule presentations or demonstrations from the top-ranked firm(s), make site visits, and obtain guidance from third party subject matter experts. The final recommendation will be decided based on review of scores and consensus of committee. The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, and/or amendments as it may deem appropriate. Receipt of a proposal by the County or a submission of a proposal to the County offers no rights upon the Vendor nor obligates the County in any manner. Acceptance of the proposal does not guarantee issuance of any other governmental approvals. Proposals which include provisions requiring the granting of zoning variances shall not be considered. 10. References The County reserves the right to contact any and all references pertaining to this solicitation and related proposal. 11. Proposal Selection Committee and Evaluation Factors The County Manager shall appoint a Selection Committee to review all proposals submitted. The factors to be considered in the evaluation of proposal responses are listed below. Tab 2, Statement of Experience 10 Points Tab 3, Business Plan Narrative 10 Points Tab 4, Marinas of Interest 20 Points Tab 5, Commission Returned to the County 20 Points Tab 6, Financial, Reporting and Monitoring Practices 20 Points Tab 7, References 10 Points Local Vendor Preference 10 Points : � -m 2 1r V,'.1 . i tTi: 1,1y � d 1tai . � tt Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the firm with the lowest paid dollars by Collier County to the vendor(as obtained from the County's financial system)within the last five (5) years will receive the higher individual ranking. If there is a multiple firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall receive the higher ranking, the firm with the next lowest volume of work shall receive the next highest ranking and so on. 12. Acceptance or Rejection of Proposals The right is reserved by the County to waive any irregularities in any proposal, to reject any or all proposals, to re-solicit for proposals, if desired, and upon recommendation and justification by 12-5914 RFP Non_CCNATemplate_03012012 18 Collier County to accept the proposal which in the judgment of the County is deemed the most advantageous for the public and the County of Collier. Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection. In the event of default of the successful Vendor, or their refusal to enter into the Collier County contract, the County reserves the right to accept the proposal of any other Vendor or to re-advertise using the same or revised documentation, at its sole discretion. 12-5914 RFP Non CCNATemplate_03012012 19 l Exhibit Ill: Collier County Purchase Order Terms and Conditions 1 1. Offer and to comply with all carrier This offer is subject to cancellation by the regulations. Risk of loss of any goods COUNTY without notice if not accepted by sold hereunder shall transfer to the VENDOR within fourteen (14) days of COUNTY at the time and place of issuance. delivery; provided that risk of loss prior to actual receipt of the goods by the 2. Acceptance and Confirmation COUNTY nonetheless remain with This Purchase Order (including all VENDOR. documents attached to or referenced b) No charges will be paid by the COUNTY therein) constitutes the entire agreement for packing, crating or cartage unless between the parties, unless otherwise otherwise specifically stated in this specifically noted by the COUNTY on the Purchase Order. Unless otherwise face of this Purchase Order. Each delivery provided in Purchase Order, no invoices of goods and/or services received by the shall be issued nor payments made COUNTY from VENDOR shall be deemed to prior to delivery. Unless freight and be upon the terms and conditions contained other charges are itemized, any in this Purchase Order. discount will be taken on the full amount of invoice. No additional terms may be added and c) All shipments of goods scheduled on the Purchase Order may not be changed except same day via the same route must be by written instrument executed by the consolidated. Each shipping container COUNTY. VENDOR is deemed to be on must be consecutively numbered and notice that the COUNTY objects to any marked to show this Purchase Order additional or different terms and conditions number. The container and Purchase contained in any acknowledgment, invoice Order numbers must be indicated on bill or other communication from VENDOR, of lading. Packing slips must show notwithstanding the COUNTY'S acceptance Purchase Order number and must be or payment for any delivery of goods and/or included on each package of less than services, or any similar act by VENDOR. container load (LCL) shipments and/or with each car load of equipment. The 3. Inspection COUNTY reserves the right to refuse or All goods and/or services delivered return any shipment or equipment at hereunder shall be received subject to the VENDOR'S expense that is not marked COUNTY'S inspection and approval and with Purchase Order numbers. payment therefore shall not constitute VENDOR agrees to declare to the 1 acceptance. All payments are subject to carrier the value of any shipment made adjustment for shortage or rejection. All under this Purchase Order and the full defective or nonconforming goods will be invoice value of such shipment. returned pursuant to VENDOR'S instruction d) All invoices must contain the Purchase at VENDOR'S expense. Order number and any other specific information as identified on the To the extent that a purchase order requires Purchase Order. Discounts of prompt a series of performances by VENDOR, the payment will be computed from the date COUNTY prospectively reserves the right to of receipt of goods or from date of cancel the entire remainder of the Purchase receipt of invoices, whichever is later. Order if goods and/or services provided Payment will be made upon receipt of a early in the term of the Purchase Order are proper invoice and in compliance with non-conforming or otherwise rejected by the Chapter 218, Fla. Stats., otherwise COUNTY. known as the "Local Government 4. Shipping and Invoices Prompt Payment Act," and, pursuant to a) All goods are FOB destination and must the Board of County Commissioners be suitably packed and prepared to Purchasing Policy. secure the lowest transportation rates 12-5914 RFP_Non_CCNATemplate 03012012 20 i 5. Time Is Of the Essence and transportation shall conform to all Time for delivery of goods or performance of applicable laws, including but not limited to services under this Purchase Order is of the the Occupational Health and Safety Act, the j essence. Failure of VENDOR to meet Federal Transportation Act and the Fair delivery schedules or deliver within a Labor Standards Act, as well as any law or reasonable time, as interpreted by the regulation noted on the face of the Purchase COUNTY in its sole judgment, shall entitle Order. the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to 9. Advertising reimburse the COUNTY for any expenses No VENDOR providing goods and services incurred in enforcing its rights. VENDOR to the COUNTY shall advertise the fact that further agrees that undiscovered delivery of it has contracted with the COUNTY for nonconforming goods and/or services is not goods and/or services, or appropriate or a waiver of the COUNTY'S right to insist make use of the COUNTY'S name or other upon further compliance with all identifying marks or property without the specifications. prior written consent of the COUNTY'S Purchasing Department. 6. Changes The COUNTY may at any time and by written notice make changes to drawings 10. Indemnification and specifications, shipping instructions, VENDOR shall indemnify and hold harmless quantities and delivery schedules within the the COUNTY from any and all claims, general scope of this Purchase Order. including claims of negligence, costs and Should any such change increase or expenses, including but not limited to decrease the cost of, or the time required for attorneys' fees, arising from, caused by or performance of the Purchase Order, an related to the injury or death of any person equitable adjustment in the price and/or (including but not limited to employees and delivery schedule will be negotiated by the agents of VENDOR in the performance of COUNTY and VENDOR. Notwithstanding their duties or otherwise), or damage to the foregoing, VENDOR has an affirmative property (including property of the COUNTY obligation to give notice if the changes will or other persons), which arise out of or are decrease costs. Any claims for adjustment incident to the goods and/or services to be by VENDOR must be made within thirty (30) provided hereunder. days from the date the change is ordered or within such additional period of time as may 11. Warranty of Non-Infringement be agreed upon by the parties. VENDOR represents and warrants that all goods sold or services performed under this 7. Warranties Purchase Order are: a) in compliance with VENDOR expressly warrants that the goods applicable laws; b) do not infringe any and/or services covered by this Purchase patent, trademark, copyright or trade secret; Order will conform to the specifications, and c)do not constitute unfair competition. drawings, samples or other descriptions furnished or specified by the COUNTY, and VENDOR shall indemnify and hold harmless will be of satisfactory material and quality the COUNTY from and against any and all production, free from defects and sufficient claims, including claims of negligence, costs for the purpose intended. Goods shall be and expense, including but not limited to delivered free from any security interest or attorneys' fees, which arise from any claim, other lien, encumbrance or claim of any third suit or proceeding alleging that the party. These warranties shall survive COUNTY'S use of the goods and/or inspection, acceptance, passage of title and services provided under this Purchase Order payment by the COUNTY. are inconsistent with VENDOR'S representations and warranties in section 11 8. Statutory Conformity (a). Goods and services provided pursuant to this Purchase Order, and their production 12-5914 RFP_Non_CCNATemplate 03012012 21 If any claim which arises from VENDOR'S beyond their control, including, but without breach of section 11 (a) has occurred, or is limitation to war, strikes, civil disturbances likely to occur, VENDOR may, at the and acts of nature. When VENDOR has COUNTY'S option, procure for the COUNTY knowledge of any actual or potential force the right to continue using the goods or majeure or other conditions which will delay services, or replace or modify the goods or or threatens to delay timely performance of services so that they become non-infringing, this Purchase Order, VENDOR shall (without any material degradation in immediately give notice thereof, including all performance, quality, functionality or relevant information with respects to what additional cost to the COUNTY). steps VENDOR is taking to complete delivery of the goods and/or services to the 12. Insurance Requirements COUNTY. The VENDOR, at its sole expense, shall provide commercial insurance of such type 15. Assignment and with such terms and limits as may be VENDOR may not assign this Purchase reasonably associated with the Purchase Order, nor any money due or to become due Order. Providing and maintaining adequate without the prior written consent of the insurance coverage is a material obligation COUNTY. Any assignment made without of the VENDOR. All insurance policies shall such consent shall be deemed void. be executed through insurers authorized or eligible to write policies in the State of 16. Taxes Florida. Goods and services procured subject to this Purchase Order are exempt from Florida 13. Compliance with Laws sales and use tax on real property, transient In fulfilling the terms of this Purchase Order, rental property rented, tangible personal VENDOR agrees that it will comply with all purchased or rented, or services purchased federal, state, and local laws, rules, codes, (Florida Statutes, Chapter 212), and from and ordinances that are applicable to the federal excise tax. conduct of its business. By way of non- exhaustive example, this shall include the 17. Annual Appropriations American with Disabilities Act and all The COUNTY'S performance and obligation prohibitions against discrimination on the to pay under this Purchase Order shall be basis of race, religion, sex creed, national contingent upon an annual appropriation of origin, handicap, marital status, or veterans' funds. status. Further, VENDOR acknowledges and without exception or stipulation shall be 18. Termination fully responsible for complying with the This Purchase Order may be terminated at provisions of the Immigration Reform and any time by the COUNTY upon 30 days Control Act of 1986 as located at 8 U.S.C. prior written notice to the VENDOR. This 1324, et seq. and regulations relating Purchase Order may be terminated thereto, as either may be amended. Failure immediately by the COUNTY for breach by by the awarded firm(s) to comply with the VENDOR of the terms and conditions of this laws referenced herein shall constitute a Purchase Order, provided that COUNTY has breach of the award agreement and the provided VENDOR with notice of such County shall have the discretion to breach and VENDOR has failed to cure unilaterally terminate said agreement within 10 days of receipt of such notice. immediately. Any breach of this provision may be regarded by the COUNTY as a 19. General material and substantial breach of the a) This Purchase Order shall be governed contract arising from this Purchase Order. by the laws of the State of Florida. The venue for any action brought to 14. Force Majeure specifically enforce any of the terms and Neither the COUNTY nor VENDOR shall be conditions of this Purchase Order shall responsible for any delay or failure in be the Twentieth Judicial Circuit in and performance resulting from any cause for Collier County, Florida 12-5914 RFP_Non_CCNATemplate_03012012 22 b) Failure of the COUNTY to act associated with this Purchase Order in immediately in response to a breach of accordance with Florida Statute Chapter this Purchase Order by VENDOR shall 112.061, Per Diem and Travel not constitute a waiver of breach. Expenses for Public Officers, employees Waiver of the COUNTY by any default and authorized persons. by VENDOR hereunder shall not be e) In the event of any conflict between or deemed a waiver of any subsequent among the terms of any Contract default by VENDOR. Documents related to this Purchase c) All notices under this Purchase Order Order, the terms of the Contract shall be sent to the respective Documents shall take precedence over addresses on the face page by certified the terms of the Purchase Order. To the mail, return receipt requested, by extent any terms and for conditions of overnight courier service, or by personal this Purchase Order duplicate or overlap delivery and will be deemed effective the Terms and Conditions of the upon receipt. Postage, delivery and Contract Documents, the provisions of other charges shall be paid by the the Terms and/or Conditions that are sender. A party may change its address most favorable to the County and/or for notice by written notice complying provide the greatest protection to the with the requirements of this section. County shall govern. d) The Vendor agrees to reimbursement of any travel expenses that may be 12-5914 RFP Non_CCNATemplate_03012012 23 Exhibit IV: Additional Terms and Conditions for RFP 1. Insurance Requirements The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining, its own liability insurance. Certificates issued as a result of the award of this solicitation must identify"For any and all work performed on behalf of Collier County." The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida The amounts and types of insurance coverage shall conform to the minimum requirements set forth in the Insurance and Bonding attachment, with the use of Insurance Services Office (ISO)forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four(24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 12-5914 RFP_Non_CCNATemplate_03012012 24 Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 2. Offer Extended to Other Governmental Entities Collier County encourages and agrees to the successful vendor extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful vendor. 3. Additional Items and/or Services Additional items and / or services may be added to the resultant contract, or purchase order, in compliance with the Purchasing Policy. 4. County's Right to Inspect The County or its authorized Agent shall have the right to inspect the Vendor's facilities/project site during and after each work assignment the Vendor is performing. 5. Additional Terms and Conditions of Contract Collier County has developed standard contracts/agreements, approved by the Board of County Commissioners (BCC). The selected Vendor shall be required to sign a standard Collier County contract within twenty one (21) days of Notice of Selection for Award. 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 is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the Vendor. 6. Payment Method Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor's invoices must include: • Purchase Order Number • Description and quantities of the goods or services provided per instructions on the County's purchase order or contract. 12-5914 RFP_Non_CCNATemplate_03012012 25 Invoices shall be sent to: Board of County Commissioners Clerk's Finance Department ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or, emailed to: bccaoclerkAcollierclerk.com. Collier County, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. Payment methods include: • Traditional—payment by check, wire transfer or other cash equivalent. • Standard —payment by purchasing card. Collier County's Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. Collier County cautions vendors to consider both methods of payment when determining pricing as no additional surcharges or fees will be considered (per Rules for VISA Merchants and MasterCard Merchant Rules). The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an "Additional Cash Discount." Upon execution of the Contract and completion of each month's work, payment requests shall be submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices must be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized by the Project Manager. Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of"laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees)to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218, Florida Statutes, otherwise known as the"Local Government Prompt Payment Act." Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 12-5914 RFP Non_CCNATemplate 03012012 26 7. Environmental Health and Safety All Vendors and Sub vendors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-of-way for the purpose of inspection of any Vendor's work operations. This provision is non-negotiable by any department and/or Vendor. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 8. Licenses The Vendor is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by 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 required 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. All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain "active" in Collier County. 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. 9. Principals/Collusion By submission of this Proposal the undersigned, as Vendor, does declare that the only person or persons interested in this Proposal as principal or principals is/are named therein and that no person other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. 10. Relation of County 12-5914 RFP Non CCNATemplate 03012012 27 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 time 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. 11. Termination Should the Vendor be found to have failed to perform his 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 of non-performance. 12. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a Proposal. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this Proposal, with the exception of the Purchasing Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. 13. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) In order to be considered for award, firms submitting a response to this solicitation shall be required to provide a certificate of authority from the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 (www.sunbiz.org/search.html). A copy of the document shall be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 14. Single Proposal Each Vendor must submit, with their proposal, the required forms included in this RFP. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub- consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub- consultant to any other firm or firms submitting under the same RFP. All submittals in violation of this requirement will be deemed non-responsive and rejected from further consideration. 15. Protest Procedures Any actual or prospective Vendor to a Request for Proposal, who is aggrieved with respect to the former, shall file a written protest with the Purchasing Director prior to the due date for acceptance of 12-5914 RFP Non_CCNATemplate_03012012 28 proposals. All such protests must be filed with the Purchasing Director no later than 11:00 a.m. Collier County time on the final published date for the acceptance of the Request for Proposals. The Board of County Commissioners will make award of contract in public session. Award recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and Thursdays. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Purchasing Director. 16. Public Entity Crime A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may 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 consultant 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. 17. Security and Background Checks If required, Vendor/Contractor/Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department, and drug testing for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four(4) years. 18. Conflict of Interest Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP document. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 19. Prohibition of Gifts to County Employees No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a 12-5914 RFP Non CCNATemplate_03012012 29 specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 20. Immigration Affidavit Certification Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet- based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Vendors/ Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the BidderNendor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's/vendor's proposal may be deemed non-responsive. Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et sea. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s)to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 21. Collier County Local Preference Policy Collier County provides an incentive to local business to enhance the opportunities of local businesses in the award of County contracts. In the evaluation of proposals, the County rewards Vendors for being a local business by granting a ten (10) points incentive in the evaluation criterion points. A"local business" is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal 12-5914 RFP Non_CCNATemplate 03012012 30 submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. The vendor must complete and submit with their proposal response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a vendor to submit this Affidavit with their proposal response will preclude said Vendor from being considered for local preference under this solicitation. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. 12-5914 RFP_Non CCNATemplate_03012012 31 cottik A i ninis6adve Secvicea Division Purchasing Attachment 1: Vendor's Non-Response Statement The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons for prospective Vendors not wishing to respond to this solicitation. If your firm is not responding to this RFP, please indicate the reason(s) by checking the item(s) listed below and return this form via email or fax, noted on the cover page, or mail to Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. We are not responding to Solicitation 12-5914R Outsourcing of County Marinas for the following reason(s): ❑ Services requested not available through our company. ❑ Our firm could not meet specifications/scope of work. ❑ Specifications/scope of work not clearly understood or applicable (too vague, rigid, etc.) ❑ Project is too small. ❑ Insufficient time allowed for preparation of response. ❑ Incorrect address used. Please correct mailing address: ❑ Other reason(s): Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Date 12-5914 RFP Non CCNATemplate_03012012 32 Co ler Comity PP>is0 sde Svioes Dlvi:sion Purchasing Attachment 2: Vendor Check List IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your Proposal. Vendor should check off each of the following items as the necessary action is completed: ❑ The Proposal has been signed. ❑ All applicable forms have been signed and included, along with licenses to complete the requirements of the project. ❑ Any addenda have been signed and included. ❑ The mailing envelope has been addressed to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn:Scott D. Johnson, Procurement Strategist ❑ The mailing envelope must be sealed and marked with Solicitation 12-5914R Outsourcing of County Marinas and 9/14/2012. ❑ The Proposal will be mailed or delivered in time to be received no later than the specified due date and time. (Otherwise Proposal cannot be considered.) ALL COURIER-DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Date 12-5914 RFP Non_CCNATemplate_03012012 33 County Admaa�ius Services Qhris+on Putchaeing Attachment 3: Conflict of Interest Affidavit 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 proposed work; and bear on whether the firm (employees, officers and/or agents) has a possible conflict have been fully disclosed. Additionally, the firm (employees, officers and/or agents) agrees to immediately notify in writing the Purchasing/General Services Director, or designee, if any actual or potential conflict of interest arises during the contract and/or project duration. Firm: Signature and Date: Print Name Title of Signatory State of County of SUBSCRIBED AND SWORN to before me this day of 20 by , who is personally known to me to be the for the Firm, OR who produced the following identification Notary Public My Commission Expires 12-5914 RFP Non CCNATemplate 03012012 34 /�df1111 1�IUi9 Su'eCV s 1 purchasing Attachment 4: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: Solicitation: 12-5914R Outsourcing of County Marinas Dear Commissioners: The undersigned, as Vendor declares that this proposal 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 agrees, if this proposal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the proposal pertains. The Vendor states that the proposal is based upon the proposal documents listed by Solicitation: 12-5914R Outsourcing of County Marinas . (Proposal Continued on Next Page) 12-5914 RFP_Non_CCNATemplate 03012012 35 PROPOSAL CONTINUED IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of , 20 in the County of , in the State of Firm's Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority Document Number: Federal Tax Identification Number Telephone: FAX: Signature by: (Typed and written) Title: Additional Contact Information Send payments to: (required if different from above) Company name used as payee Contact name: Title: Address: City,State,ZIP Telephone: FAX: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State,ZIP Telephone: Email 12-5914 RFP Non_CCNATemplate_03012012 36 r'1 7BT:ColattY Atlirti�rs0'aCnna Seroioes Division Purchasing Attachment 5: Affidavit for Claiming Status as a Local Business Solicitation: 12-5914R Outsourcing of County Marinas (Check Appropriate Boxes Below) State of Florida(Select County if Vendor is described as a Local Business ❑ Collier County ❑ Lee County Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy; A"local business" is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one(1)year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a"local business" unless it contributes to the economic development and well-being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a"local business" under this section. Vendor must complete the following information: Year Business Established in ❑Collier County or❑ Lee County: Number of Employees(Including Owner(s)or Corporate Officers): Number of Employees Living in ❑ Collier County or El Lee(Including Owner(s)or Corporate Officers): If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable. Vendor Name: Date: Collier or Lee County Address: Signature: Title: STATE OF FLORIDA ❑ COLLIER COUNTY El LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this Day of , 20 Notary Public My Commission Expires: (AFFIX OFFICIAL SEAL) 12-5914 RFP_Non CCNATemplate_03012012 37 Adrt�lrati+�e Servioea Division Purchasing Attachment 6: Immigration Affidavit Certification Solicitation: 12-5914R Outsourcing of County Marinas This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's)and Request for Proposals(RFP)submittals. Further, Vendors/Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program,may deem the Vendor/Bidder's proposal as non-responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e)Section 274A(e)of the Immigration and Nationality Act("INA"). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A(e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e)of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws(specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's/Bidder's proposal. Company Name Print Name Title Signature Date State of County of The foregoing instrument was signed and acknowledged before me this day of 20_, by who has produced as identification. (Print or Type Name) (Type of Identification and Number) Notary Public Signature Printed Name of Notary Public Notary Commission Number/Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. 12-5914 RFP_Non_CCNATemplate_03012012 38 Gou'yt y Adrrirretreti�a Servioas girkion Purchasing' Attachment 7:Vendor Substitute W–9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County(including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name (as shown on income tax return) Business Name (if different from taxpayer name) Address City State Zip Telephone FAX Email Order Information Remit/Payment Information Address Address City State Zip City State Zip FAX FAX Email Email 2. Company Status (check only one) _Individual/Sole Proprietor _Corporation __Partnership _Tax Exempt (Federal income tax-exempt entity —Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c)3) Enter the tax classification (D=Disregarded Entity, C=Corporation, P=Partnership) 3. Taxpayer Identification Number(for tax reporting purposes only) Federal Tax Identification Number(TIN) (Vendors who do not have a TIN,will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. Signature Date Title Phone Number 12-5914 RFP_Non CCNATemplate 03012012 39 F 12-5914 RFP Non_CCNATemplate_03012012 40 ler County Admilistrative Semites Division Purchasing Attachment 8: Insurance and Bonding Requirements I04 0 4� /60. R ig a . 41 t i I(� P 8 Ma ikS c IX i _‘, ' �.s 1- c! '01940 1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $ single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current $1,000,000.00 single limit per occurrence, $2,000,000 aggregate for Bodily ISO form 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 ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys'fees and paralegals'fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. ®Automobile Liability $ 1,000,000.00 Each Occurrence; Bodily Injury& Property Damage, Owned/Non-owned/Hired; Automobile Included 5. ❑ Other insurance as ❑Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage(Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ per claim and in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ❑Valuable Papers Insurance $ Per Occurrence 6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers'check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5%of the cost proposal.All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ❑ Performance and For projects in excess of$200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100%of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as"A-"or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County.. 11. ® Thirty (30) Days Cancellation Notice required. Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five(5)days of the award of this solicitation. Name of Firm Date Vendor Signature Print Name Insurance Agency Agent Name Telephone Number 12-5914 RFP Non CCNATemplate 03012012 42 Co. Ave Services Di�ian Puro+aeMQ Attachment 9: Reference Questionnaire Solicitation: 12-5914R Outsourcing of County Marinas Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: Company: (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: FAX: Telephone: Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again)and 1 representing that you were very unsatisfied (and would never hire the firm/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: Completion Date: Project Budget: Project Number of Days: Change Orders-Dollars Added : Change Orders- Days Added: u�' P a a t v �1 .+ 'fie x".� R �' `�'•' � � it Flo �I c" „7.i �Ea ray, � 1 Ability to manage the project costs(minimize change orders to scope). 2 Ability 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 Close out project process(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 County policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future(customer satisfaction). TOTAL SCORE OF ALL ITEMS 12-5914 RFP Non CCNATemplate_03012012 43 Please FAX this completed survey to: By 12-5914 RFP_Non CCNATemplate_03012012 44