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Agenda 01/26/2016 Item #16E 4 1/26/2016 16.E.4. EXECUTIVE SUMMARY Recommendation to affirm the award for the Facilities Management Division of Invitation to Bid #15-6395, On-Call Overhead Doors and Automatic Gates, to Drew Sell Inc. d/b/a Precision Door Service in accordance with the Formal Competitive Threshold of the Board's Procurement Ordinance 2013-69,as amended. OBJECTIVE: To continue to perform on-call overhead door and automatic gate services for the County buildings and facilities, including the Main Government Campus and the County Jail. This also includes outlying buildings, such as Estates Library, Main Library, Medical Examiner's Building, and airport buildings. CONSIDERATIONS: The Division of Facilities Management is responsible for the maintenance, repair, capital replacement, and construction of County owned buildings and facilities. In February 2015, the Procurement Services Division issued Invitation to Bid (ITB) #15-6395 for On-Call Overhead Doors and Automatic Gate Services. Seven hundred and fifty-five (755) notices were sent via the County's Online Bidding System; twenty- nine(29) solicitation packages were downloaded, and one(1) fine submitted an offer to the County. Two bids were received by the closing date. While both firms submitted the same pricing, Atlas Door and Gate, Inc failed to submit any of the required bid documents and was deemed non-responsive. Over the past four years, Facilities Management spent less than $50,000 annually on these services, therefore, on March 12, 2015, the results were awarded per the Board's Procurement Ordinance 2013-69, as amended, Section Eight Informal Competitive Threshold,to Drew Sell Inc. d/b/a Precision Door Service. As a result of an increase in unanticipated repairs this fiscal year, the Division will likely exceed the Formal Competitive Threshold of$50,000 and is requesting the Board's approval to affirm the award on March 12. 2015 and to further award in accordance with the Board's Procurement Ordinance 2013-69, as amended, Section Nine Formal Competitive Threshold. Purchases as a result of the award are made using the County's purchase order terms and conditions. FISCAL IMPACT: Funds are budgeted and approved by the Board within each Division's operating cost center. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for approval. -JAK GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners affirms the award for Invitation to Bid 15-6395, On-Call Overhead Doors and Automatic Gates, to Drew Sell Inc. d/b/a Precision Door Service in accordance with the Formal Competitive Threshold of the Board's Procurement Ordinance 2013-69, as amended. Prepared By: Miguel Carballo, CPM,Facilities Manager,Division of Facilities Management Attachments: 1. Drew Sells Inc. d/b/a Precision Door Service Proposal Packet Page -914- 1/26/2016 16.E.4. 2. 15-6395 Bid Tabulation Packet Page -915- 1/26/2016 16.E.4. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.E.16.E.4. Item Summary: Recommendation to affirm the award for the Facilities Management Division's Invitation to Bid #15-6395 On-Call Overhead Doors and Automatic Gates to Drew Sell Inc. d/b/a Precision Door Service in accordance with the Formal Competitive Threshold of the Board's Procurement Ordinance 2013-69, as amended. Meeting Date: 1/26/2016 Prepared By Name: CarballoMiguel Title: Manager-Facilities,Facilities Management 1/5/2016 10:57:18 AM Submitted by Title: Manager-Facilities,Facilities Management Name: CarballoMiguel 1/5/2016 10:57:20 AM Approved By Name: pochopinpat Title: Operations Coordinator, Administrative Services Department Date: 1/5/2016 11:11:53 AM Name: LinguidiDennis Title:Division Director-Facilities Mgmt, Facilities Management Date: 1/5/2016 3:25:21 PM Name: HerreraSandra Title: Manager-Procurement, Procurement Services Date: 1/6/2016 8:24:10 AM Name: JohnsonScott Title: Manager-Procurement,Procurement Services Date: 1/7/2016 12:39:50 PM Packet Page-916- 1/26/2016 16.E.4. Name: CummingsRhonda Title: Procurement Specialist, Procurement Services Date: 1/7/2016 4:58:55 PM Name: MarkiewiczJoanne Title: Division Director-Procurement Services,Procurement Services Date: 1/8/2016 6:44:30 AM Name: PriceLen Title: Department Head-Administrative Svc,Administrative Services Department Date: 1/8/2016 1:17:03 PM Name: KlatzkowJeff Title: County Attorney, Date: 1/15/2016 11:43:27 AM Name: KlatzkowJeff Title: County Attorney, Date: 1/15/2016 12:14:14 PM Name: WellsLaura Title: Management/Budget Analyst, Senior, Office of Management&Budget Date: 1/15/2016 1:37:14 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 1/19/2016 9:54:39 AM Packet Page-917- 1/26/2016 16.E.4. NAPi- INVITATION TO BID Date: February 4. 2015 From: Rhonda Cummings. CPPB. Procurement Strategist (239) 252-8941 (Telephone) (239) 252-6700 (FAX) RhondaCummings @colliergov.net (Email) To: Prospective Vendors Subject: Solicitation: ITB #15-6395 On-Call Overhead Door and Automatic Gate Contractor As requested by the Facilities Department, the Collier County Board of County Commissioners Purchasing Department has issued this ITB for the purpose of obtaining fair and competitive responses. Please refer to the Public Notice included in this document for the opening date and time and any applicable pre-ITB conference. All questions regarding this ITB must be submitted online on the Collier County Purchasing Department Online Bidding System website: . All responses to questions will be posted on the website with electronic notification to all prospective vendors. We look forward to your participation in Collier County's competitive procurement process. cc: Kurt Jokela. Facilities Management Note: All ITB responses submitted must include one (1) original labeled MASTER, along with one (1) exact duplicate copy, including all required forms. ,,1 #15-6395 Overhead Door 1 Packet Page-918- 1/26/2016 16.E.4. invitation to Bid Index Public Notice 3 Exhibit I: Scope of Work, Specifications and Response Format 4 Exhibit II: General Bid Instructions 8 Exhibit III: Standard Purchase Order Terms and Conditions 13 Exhibit IV: Additional ITB Terms and Conditions 16 Attachment 1: Vendor Submittal - Vendor's Non-Response Statement 23 Attachment 2: Vendor's Check List 24 Attachment 3: Vendor Submittal - Bid Response Form 25 Attachment 4: Vendor Submittal — Local Vendor Preference Affidavit 27 Attachment 5: Vendor Submittal — Immigration Affidavit 28 Attachment 6: Vendor Substitute W— 9 29 Attachment 7: Vendor Submittal - Insurance and Bonding Requirements 30 417 #15.6395 Overhead Door 2 Packet Page -919- 1/26/2016 16.E.4. Public Notice Sealed bid responses for Solicitation ITB 15-6395 On-Call Overhead Door and Automatic Gate Contractor, will be received at the Collier County Government. Purchasing Department, 3327 Tamiami Trail E. Naples, FL 34112 until 2:30 PM, Collier County local time on February 26, 2015. Solicitation responses received after the stated time and date will not be accepted. Solicitation #15-6395 On-Call Garage Door and Automatic Gate Contractor All questions regarding this ITB must be submitted online on the Collier County Purchasing Department Online Bidding System website: . All responses to questions will be posted on the website with electronic notification to all prospective vendors. All solicitation responses must be made on the official ITB response form included and only available for download from the Collier County Purchasing Department Online Bidding System website noted herein. ITB Documents obtained from sources other than Collier County Purchasing may not be accurate or current. Collier County encourages vendors to utilize recycled paper on all manual bid response submittals. Collier County does not discriminate based on age. race. color. sex. religion, national origin. disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA BY /s/ Joanne Markiewicz Director, Procurement Services Publicly posted on the Collier County Purchasing Department website: and in the lobby of the Purchasing Building on February 4. 2015. #15-6395 Overhead Door 3 Packet Page -920- 1/26/2016 16.E.4. Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Facilities Department (hereinafter, the "Division or Department"), the Collier County Board of County Commissioners Purchasing Department (hereinafter, "County") has issued this Invitation to Bid (hereinafter, "ITB") with the intent of obtaining bids from interested and qualified firms in accordance with the terms, conditions and specifications stated or attached. The Vendor, at a minimum, must achieve the requirements of the Scope of Work and specifications stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Purchasing Policy. Brief Description of Purchase In order to maintain the integrity and continuous operation of these systems, the County intends to enter into a contract with an overhead door and automatic gate contractor to provide labor and parts for on-call work, new installation and maintenance of overhead and automatic gate contracting. Historically, County departments have spent approximately $50,000 annually. Background Collier County Facilities Management is responsible for maintaining the six hundred sixty (660) various buildings throughout Collier County. These buildings include the Main Government Campus including the County Jail, as well as outlying buildings, i.e., Estates Library, Main Library, Medical Examiner's Building, and airport buildings. Detailed Scope of Work It is the intent of the Facilities Management Department that the County systems experience minimal down time, bidder's response time shall be a factor in the award of this bid. The following minimum requirements must be met by prospective bidders and must include, but not be limited to: 1. Must be able to install and service large commercial overhead doors (garage doors). 2. Must be able to install and service automatic gates of various sizes. 3. Must be able to install and service mechanical motors for various automatic gates and overhead doors. 4. Must be licensed to operate within Collier County. 5. If services or other work requires the rental of additional equipment, the successful bidder(s) shall provide the equipment at actual cost of rental with no mark-up of costs to the County. 6. All work must be performed by licensed Contractors and with properly qualified employees unless authorized by the Facilities Management Supervisor or their designee. 7. The successful bidder(s) will be asked to work in the County Jails, which require thorough background checks of personnel and tools taken into the Jails. On-Call Repair/Emergency Work: The Contractor may be required to do emergency repairs at times other than normal working hours. The Contractor shall be in a position to be available on a twenty-four (24) hour basis, 365 days per year for such emergency work. The Contractor shall provide the County with an on-call telephone number for emergency service. The Contractor shall employ an adequate staff of approved technicians to provide service taking into account vacation and other leaves. #15-6395 Overhead Door Packet Page -921- 4 1/26/2016 16.E.4. The Contractor must respond on-site within one (1) hour for all emergency repairs in Naples and Marco Island area, and must respond within two and one half (21/2) hours for the Immokalee and Everglades areas. For on-call repairs, the Contractor must be on-site and repairs begun within eight (8) hours of the initial call being placed for all areas. New Work/Estimates: The Contractor must provide written "not to exceed" estimates on all projects except on emergencies and on-call repairs. This estimate shall include the estimated number of hours, hourly rate, number and types of employees required, estimated material cost and the number of calendar days required for project completion. Contractor shall respond to requests for non- emergency work within two (2) days and provide written estimates within five (5) days. It shall be the Contractor's responsibility to ensure they have all information to prepare accurate estimates. Safety: All Contractors and subcontractors 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. Also all Contractors and subcontractors 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. Unsatisfactory Work In the event the work performance of the Contractor is unsatisfactory, the Contractor will be notified by the County and be given seven (7) calendar days to correct the work. There will be no cost to the County for re-works. Pricing Bids should be prepared with as much itemized detail as possible to ensure a thorough and favorable evaluation. Details should include itemized pricing for types of services including hourly rates for installation, maintenance and consultation. Parts mark-up and discounts for both in-house and outside vendor materials shall be clearly disclosed. All other associated costs should be itemized and priced accordingly. Equipment: Bidder shall own and have in good repair all equipment necessary to perform the described services in particular and the equipment necessary to complete related tasks. Hourly rates will commence once equipment arrives at the service site. In the event that additional specialized and/or heavy equipment (i.e., backhoe, mudhog) is needed, the user department must be notified in advance for approval. The reimbursement of additional equipment expense shall be at cost and will commence once it arrives at the service site. The County reserves the right to request documentation of the Contractor's cost and to withhold payments until documentation is provided. Parts: Costs for all incidental materials necessary to complete a project shall be listed on the invoice. A breakdown of material shall be required, including documentation of costs, when such costs exceed two hundred fifty dollars ($250.00). Miscellaneous items totaling $250.00 or less will not require documentation. However, the County reserves the right to periodically spot check items less than the threshold. Items under$250.00 will be labeled as "miscellaneous supplies". Clean-up: The Contractor shall be responsible for removing all debris from the site and cleaning affected areas. Contractor shall keep the premises free of debris and unusable materials resulting from their work and as work progresses; or upon request by the County's representative, shall remove such debris and materials from the property. The Contractor shall leave all affected areas as they were prior to beginning work. #15-6395 Overhead Door 5 Packet Page-922- 1/26/2016 16.E.4. Warranty/Guarantee: Parts, replacement parts and fixtures shall be new and warranted for a minimum of one (1) year, or the maximum allowed by the manufacturer. AI! labor for repairs shall have a ') minimum ninety (90) day warranty. Purchase Orders: All items will be picked up by departments on an as-needed basis. County employees picking up items must provide vendors with a purchase order number or use the Collier County Credit Card. A sales receipt shall be printed for each sale, with the items listed individually at retail price followed by the appropriate discount percentage. All invoices must include the purchase order number, work order number and trades workers name. References and Background Checking: Each bidder will provide five (5) references from previous and current clients regarding its past performance in the delivery of the services set forth in this bid invitation. In addition to reviewing the information submitted and contacting the references listed in the bid offer, the County reserves to right to investigate and consider any complaints or other concerns raised pertaining to the past performance or conduct of the bidder(s) or employee(s). Further, the County reserves the right to reject any bid(s) from a firm(s) or individual(s) not deemed qualified to perform the work based on the scope of the contract and/or the referenced and performance-related information gathered during the bid evaluation process. Any assigned employee(s) to security or sensitive areas of Collier County shall have a professional background check and be fingerprinted by the Facilities Management department at the vendors' expense. The cost(s) for such background checks and fingerprinting will be deducted from the vendors' first invoice. This bid will be awarded on the basis of the total of hourly rates and markup of parts items of the bid response form. Award Criteria ITB award criteria are as follows: • All questions on the Bid document shall be answered as to price(s), time requirements, and required document submissions. • Award shall be based upon the responses to all questions on the Bid Response Page(s). • Further consideration may include but not be limited to, references, completeness of bid response and past performances on other County bids/projects. • Prices will be read in public exactly as input on the electronic bid response form or written on the manually submitted Bid Response Page(s) at the time of the bid opening; however, should an error in calculations occur whenever unit pricing and price extensions are requested, the unit price shall prevail. Mathematical miscalculations may be corrected by the County to reflect the proper response. • The County's Purchasing Department reserves the right to clarify a vendor's proposal prior to the award of the solicitation. • It is the intent of Collier County to award to the lowest, qualified and responsive vendor(s) in accordance with the following methodology: This bid will be awarded on the total base bid including hourly rates and markup of parts items (lines 1-6) of the bid response form. • Collier County reserves the right to select one, or more than one suppliers, however, it is the intent to select a primary and secondary vendor. If the Primary cannot perform the required services within the timeframe specified by the County Project Manager, the Secondary vendor may be utilized. • The contract will be in the form of a standard County Purchase Order. #15-6395 Overhead Door Packet Page -923- 6 1/26/2016 16.E.4. Term of Contract The contract term. if an award(s) is/are made is intended to be for one year with three one year renewal options. Prices shall remain firm for the initial term of this contract. Price adjustments are dependent upon the consumer price index (CPI) over the past twelve (12) months, budget availability and program manager approval. Surcharges will not be accepted in conjunction with this contract and such charges should be incorporated into the pricing structure. Projected Timetable Event Date Issue Solicitation Notice 2/4/15 Last Date for Receipt of Written Questions 5:00 PM 2/21/15 Pre-solicitation meeting N/A ,Addendum Issued By 2/23/15 Solicitation Deadline Date and Time 2:30 PM 2/26/15 Anticipated Evaluation of Submittals Week of 3/2/15 Anticipated Board of County Commissioner's Approval Date N/A Vendor Required Documents Bids may be submitted either manually or electronically on • Attachment 2: Vendor's Check List • Attachment 3: Vendor Bid Response Form • Attachment 4: Local Vendor Preference • Attachment 5: Immigration Law Affidavit • Attachment 6: Vendor Substitute W-9 • Attachment 7: Insurance and Bonding Requirement • Include References (see page 6) /r74_, #15-6395 Overhead Door 7 Packet Page-924- • 1/26/2016 16.E.4. Exhibit II: General Bid Instructions 1. Purpose/Objective As requested by the Collier County departments or divisions identified in Exhibit 1, the Collier County Board of County Commissioners Purchasing Department (hereinafter, the County) has issued this Invitation to Bid (hereinafter, the "ITB", or"Bid") with the sole purpose and intent of obtaining bid responses from interested and qualified firms in accordance with the terms, conditions, and specifications stated and/or attached herein/hereto. The successful vendor will hereinafter be referred to as the "Vendor". All bids must be submitted on the Bid form furnished by the County noted in Attachments 2, 3, 4, 5, 6, and 7 of this ITB. No bid will be considered unless the Bid form is properly signed. Vendor is responsible to read and follow the instructions very carefully, as any misinterpretation or failure to comply with these instructions could lead to the bid submitted as being rejected as non-responsive. 2. Pricing Vendors must provide unit prices using the unit of measured specified by the County. All prices will remain firm for a period of one hundred and eighty (180) calendar days from date of bid opening. After award by the Board of County Commissioners, prices may only be adjusted as outlined in Exhibit I: Term of Contract. 3. Alternate Bid Pricing In the event that alternate pricing is requested, it is an expressed requirement of the bid to provide pricing for all alternates as listed. The omission of a response or a no-bid or lack of a submitted price will be the basis for the rejection of the submitted bid response. All bids responses received without pricing for all alternates as listed will be considered technically non-responsive and will not be considered for award. 4. Equal Product Manufacturer's name, brand name and/or model number are used in these specifications for the purpose of establishing minimum requirements of level of quality, standards of performance and/or design required, and is in no way intended to prohibit the bidding of other manufacturer's items of equal or similar material. An equal or similar product may be bid, provided that the product is found to be equal or similar in quality, standard of performance, design, etc. to the item specified. Where an equal or similar is bid, the Bid must be accompanied with two (2) complete sets of factory information sheets (specifications, brochures, etc.) and test results, if applicable, of unit bid as equal or similar. 5. Discounts Any discounts or terms must be shown on the Bid form. Such discounts, if any, may be considered in the award of tie bids. In no instance should payment terms less than fifteen (15) calendar days be offered. 6. Exceptions Vendors taking exception to any part or section of these specifications shall indicate such exceptions on a separate sheet entitled "EXCEPTIONS TO SPECIFICATIONS." Failure to indicate any exceptions to the specifications shall be interpreted as the Vendors intent to fully #15-6395 Overhead Door $ Packet Page -925- 1/26/2016 16.E.4. comply with the specifications as written. The County, at its sole discretion, shall determine if the exceptions are material in nature. and if the Vendor's exceptions may be declared grounds for rejection of bid proposal. 7. Addenda The County reserves the right to formally amend and/or clarify the requirements of the bid specifications where it deems necessary. Any such addendum/clarification shall be in writing and shall be distributed electronically to all parties who received the original bid specifications prior to the deadline for submission of Bids. All changes to this ITB will be conveyed electronically through a notice of addendum or questions and answers to all vendors registered under the applicable commodity code(s) at the time when the original ITB was released. as well as those vendors who downloaded the ITB document. Additionally, all addendums are posted on the Collier County Purchasing Department Online Bidding System website: . Before submitting a bid response, please make sure that you have read all. understood clearly and complied completely with any changes stated in the addenda as failure to do so may result in the rejection of your submittal. 8 Bid Submission All electronic bids shall be submitted online via the Collier County Purchasing Department Online Bidding System: All paper bids shall be submitted to the County Procurement Director, Collier County Government, Purchasing Department, 3327 Tamiami Trail E,. Naples, FL 34112. by the date and time as stated in the Legal Notice. The County assumes no responsibility for bid responses received after the due date and time. or at any office or location other than that specified herein, whether due to mail delays. courier mistakes. inclement weather or any other reason. Late bid responses shall be returned unopened, and shall not be considered for award. Vendors must submit one (1) paper copy clearly labeled "Master," and one (1) compact disk P (CD's) with one copy of the proposal on each CD in Word, Excel or PDF. List the Solicitation Number and Title on the outside of the box or envelope. All bids sent by courier service must have the bid number and title on the outside of the courier packet. Vendors who wish to receive copies of bids after the bid opening may view and download same from the Collier County Purchasing Department Internet bid site. 9. Questions If the vendor should be of the opinion that the meaning of any part of the Bid Document is doubtful obscure or contains errors or omissions it should report such opinion to the Procurement Strategist before the bid opening date. Direct questions related to this ITB only to the Collier County Purchasing Department Internet website: . Questions will not be answered after the date noted on the ITB. Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Purchasing Department Online Bidding System website. For general questions, please call the referenced Procurement Strategist identified in the Public Notice. 10. Protests Any prospective vendor/ proposer who desires to protest any aspect(s) or provision(s) of the solicitation (including the form of the solicitation documents or procedures) shall file their protest with the Procurement Director prior to the time of the bid opening strictly in accordance with the County's then current purchasing ordinance and policies. #15-6395 Overhead Door 9 Packet Page-926- 1/26/2016 16.E.4. 11. Rejection and Waiver The County reserves the right to reject any and all bids, to waive defects in the form of bid, also to select the bid that best meets the requirements of the County. Vendors whose bids, past performance or current status do not reflect the capability, integrity or reliability to fully and in good faith perform the requirements denoted may be rejected as non-responsive. Bids that do not meet all necessary requirements of this solicitation or fail to provide all required information, documents or materials may be rejected as non-responsive. 12. Local Vendor Preference (LVP) The County is using the Competitive Sealed Quotation methodology of source selection for this procurement, as authorized by Ordinance Number 2013-69 establishing and adopting the Collier County Purchasing Ordinance. Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector for at least one year prior to bid or proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non-permanent structure such as a construction trailer, storage shed, or other non-permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall 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. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. Under this solicitation, bidders desiring to receive local preference will be invited and required to affirmatively state and provide documentation as set forth in the solicitation in support of their status as a local business. Any bidder who fails to submit sufficient documentation with their bid offer shall not be granted local preference consideration for the purposes of that specific contract award. Except where federal or state law, or any other funding source, mandates to the contrary, Collier County and its agencies and instrumentalities, will give preference to local businesses in the following manner. Competitive bid (local price match option). Each formal competitive bid solicitation shall clearly identify how the price order of the bids received will be evaluated and determined. When a qualified and responsive, non-local business submits the lowest price bid, and the bid submitted by one or more qualified and responsive local businesses is within ten percent of the price submitted by the non-local business, then the local business with the apparent lowest bid offer (i.e., the lowest local bidder) shall have the opportunity to submit an offer to match the price(s), less one (1) dollar, offered by the overall lowest, qualified and responsive bidder. In such instances, staff shall first verify if the lowest non-local bidder and the lowest local bidder are in fact qualified and responsive bidders. Next, the Purchasing Department shall determine if the lowest local bidder meets the requirements of Fla. Stat. Sec.287.087 (Preferences to businesses with drug-free workplace programs). If the lowest local bidder meets the requirements of Fla. Stat. Sec. 287.087, the Purchasing Department shall invite the lowest local bidder to submit a matching offer, less one (1) dollar, within five (5) business days thereafter. If the lowest local bidder submits an offer that fully matches the lowest bid, less one (1) dollar, from the lowest non-local bidder tendered previously, then award shall be made #15-6395 Overhead Door 10 Packet Page-927- • 1/26/2016 16.E.4. to the local bidder. If the lowest local bidder declines or is unable to match the lowest non-local bid price(s), then award will be made to the lowest overall qualified and responsive bidder. If the lowest local bidder does not meet the requirement of Fla. Stat. Sec 287.087, and the lowest non-local bidder does, award will be made to the bidder that meets the requirements of the reference state law. Bidder must complete and submit with their bid response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a Bidder to submit this Affidavit with their bid response will preclude said Bidder from being considered for local preference on this solicitation. A Bidder who misrepresents the Local Preference status of its firm in a bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one (1) year. The County may, as it deems necessary, conduct discussions with responsible bidders determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. 13. Immigration Affidavit Certification Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet- based means of verifying employment eligibility of workers n 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 • 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: . It shall be the vendors 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 seq. 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. #15-6395 Overhead Door Packet Page-928- . 1/26/2016 16.E.4. 14. Lobbying All firms are hereby placed on NOTICE that the County Commission does not wish to be lobbied either individually or collectively about a project for which a firm has submitted a bid. Firms and their agents are not to contact members of the County Commission for such purposes as meetings of introduction, luncheons. dinners, etc. During the bidding process, from bid opening to final Board approval, no firm or its agent shall contact any other employee of Collier County with the exception of the Purchasing Department. 15. Certificate of Authority to Conduct Business in the State of Florida (FL Statute 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority ( ) prior to execution of.a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award, If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 16. General Information When it is deemed by the County that a bid cannot be awarded as originally intended, the County reserves the right to award this bid through an approach which is the best interest of the County. Alternate bids will not be considered unless authorized by the ITB. In case of identical bids tying as low bid. the County shall ask vendors to submit certification that they have a drug-free workplace in accordance with Section 287.087 Florida Statutes. Should all vendors provide said certification: the County will give local vendor preference. 4 17. Bid Award Process Award of contract will be made by the Board of County Commissioners in public session. Award shall be made in a manner consistent with the County's Purchasing Policy. Award recommendations will be posted outside the offices of the Purchasing Department as well as on the Collier County Purchasing Department website on Wednesdays and Thursdays prior to.the County Commission.meetings. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Procurement 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 Procurement Director. #15-5395 Overhead Door 12 Packet Page -929- 1/26/2016 16.E.4. Exhibit Ill: Standard Purchase Order Terms and Conditions 1. Offer delivery; provided that risk of loss prior to This offer is subject to cancellation by the actual receipt of the goods by the COUNTY COUNTY without notice if not accepted by nonetheless remain with VENDOR. VENDOR within fourteen (14)days of issuance. b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise 2. Acceptance and Confirmation specifically stated in this Purchase Order. This Purchase Order (including all documents Unless otherwise provided in Purchase attached to or referenced therein) constitutes Order, no invoices shall be issued nor the entire agreement between the parties, unless payments made prior to delivery. Unless otherwise specifically noted by the COUNTY on freight and other charges are itemized, any the face of this Purchase Order. Each delivery of discount will be taken on the full amount of goods and/or services received by the COUNTY invoice. from VENDOR shall be deemed to be upon the c) All shipments of goods scheduled on the terms and conditions contained in this Purchase same day via the same route must be Order. consolidated. Each shipping container must be consecutively numbered and marked to No additional terms may be added and Purchase show this Purchase Order number. The Order may not be changed except by written container and Purchase Order numbers must instrument executed by the COUNTY. VENDOR be indicated on bill of lading. Packing slips is deemed to be on notice that the COUNTY must show Purchase Order number and objects to any additional or different terms and must be included on each package of less conditions contained in any acknowledgment, than container load (LCL) shipments and/or invoice or other communication from VENDOR, with each car load of equipment. The notwithstanding the COUNTY'S acceptance or COUNTY reserves the right to refuse or payment for any delivery of goods and/or return any shipment or equipment at services, or any similar act by VENDOR. VENDOR'S expense that is not marked with Purchase Order numbers. VENDOR agrees 3. Inspection to declare to the carrier the value of any , All goods and/or services delivered hereunder shipment made under this Purchase Order shall be received subject to the COUNTY'S and the full invoice value of such shipment. inspection and approval and payment therefore d) All invoices must contain the Purchase Order shall not constitute acceptance. All payments are number and any other specific information as subject to adjustment for shortage or rejection. identified on the Purchase Order. Discounts All defective or nonconforming goods will be of prompt payment will be computed from the returned pursuant to VENDOR'S instruction at date of receipt of goods or from date of VENDOR'S expense. receipt of invoices, whichever is later. Payment will be made upon receipt of a To the extent that a purchase order requires a proper invoice and in compliance with series of performances by VENDOR, the Chapter 218, Fla. Stats., otherwise known as COUNTY prospectively reserves the right to the "Local Government Prompt Payment cancel the entire remainder of the Purchase Act," and, pursuant to the Board of County Order if goods and/or services provided early in Commissioners Purchasing Policy. the term of the Purchase Order are non-conforming or otherwise rejected by the 5. Time Is Of the Essence COUNTY. Time for delivery of goods or performance of services under this Purchase Order is of the 4. Shipping and Invoices essence. Failure of VENDOR to meet delivery a) All goods are FOB destination and must be schedules or deliver within a reasonable time, as suitably packed and prepared to secure the interpreted by the COUNTY in its sole judgment, lowest transportation rates and to comply shall entitle the COUNTY to seek all remedies with all carrier regulations. Risk of loss of available to it at law or in equity. VENDOR any goods sold hereunder shall transfer to agrees to reimburse the COUNTY for any the COUNTY at the time and place of expenses incurred in enforcing its rights. 13 #15-6395 Overhead Door Packet Page-930- 1/26/2016 16.E.4. VENDOR further agrees that undiscovered VENDOR shall indemnify and hold harmless the delivery of nonconforming goods and/or services COUNTY from any and all claims, including is not a waiver of the COUNTY'S right to insist claims of negligence, costs and expenses, ,; upon further compliance with all specifications. including but not limited to attorneys' fees, arising from, caused by or related to the injury or death 6. Changes of any person (including but not limited to The COUNTY may at any time and by written employees and agents of VENDOR in the notice make changes to drawings and performance of their duties or otherwise), or specifications, shipping instructions, quantities damage to property (including property of the and delivery schedules within the general scope COUNTY or other persons), which arise out of or of this Purchase Order. Should any such change are incident to the goods and/or services to be increase or decrease the cost of, or the time provided hereunder. required for performance of the Purchase Order, an equitable adjustment in the price and/or 11. Warranty of Non-infringement delivery schedule will be negotiated by the VENDOR represents and warrants that all goods COUNTY and VENDOR. Notwithstanding the sold or services performed under this Purchase foregoing, VENDOR has an affirmative obligation Order are: a) in compliance with applicable laws; to give notice if the changes will decrease costs. b) do not infringe any patent, trademark, Any claims for adjustment by VENDOR must be copyright or trade secret; and c) do not constitute made within thirty (30) days from the date the unfair competition. change is ordered or within such additional period of time as may be agreed upon by the VENDOR shall indemnify and hold harmless the parties. COUNTY from and against any and all claims, including claims of negligence, costs and 7. Warranties expense, including but not limited to attorneys' VENDOR expressly warrants that the goods fees, which arise from any claim, suit or and/or services covered by this Purchase Order proceeding alleging that the COUNTY'S use of will conform to the specifications, drawings, the goods and/or services provided under this samples or other descriptions furnished or Purchase Order are inconsistent with VENDOR'S specified by the COUNTY, and will be of representations and warranties in section 11 (a). satisfactory material and quality production, free from defects and sufficient for the purpose If any claim which arises from VENDOR'S breach '"") intended. Goods shall be delivered free from any of section 11 (a) has occurred, or is likely to security interest or other lien, encumbrance or occur, VENDOR may, at the COUNTY'S option, claim of any third party. These warranties shall procure for the COUNTY the right to continue survive inspection, acceptance, passage of title using the goods or services, or replace or modify and payment by the COUNTY. the goods or services so that they become non-infringing, (without any material degradation 8. Statutory Conformity in performance, quality, functionality or additional Goods and services provided pursuant to this cost to the COUNTY). Purchase Order, and their production and transportation shall conform to all applicable 12. Insurance Requirements laws, including but not limited to the Occupational The VENDOR, at its sole expense, shall provide Health and Safety Act, the Federal commercial insurance of such type and with such Transportation Act and the Fair Labor Standards terms and limits as may be reasonably Act, as well as any law or regulation noted on the associated with the Purchase Order, Providing face of the Purchase Order. and maintaining adequate insurance coverage is a material obligation of the VENDOR. All 9. Advertising insurance policies shall be executed through No VENDOR providing goods and services to the insurers authorized or eligible to write policies in COUNTY shall advertise the fact that it has the State of Florida. contracted with the COUNTY for goods and/or services, or appropriate or make use of the 13. Compliance with Laws COUNTY'S name or other identifying marks or In fulfilling the terms of this Purchase Order, property without the prior written consent of the VENDOR agrees that it will comply with all COUNTY'S Purchasing Department. federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non-exhaustive example, 10. Indemnification this shall include the American with Disabilities Act and all prohibitions against discrimination on #15-6395 Overhead Door 14 Packet Page-931- 1/26/2016 16.E.4. the basis of race, religion, sex creed, national conditions of this Purchase Order, provided that origin, handicap, marital status, or veterans' COUNTY has provided VENDOR with notice of status. Further, VENDOR acknowledges and such breach and VENDOR has failed to cure without exception or stipulation shall be fully within 10 days of receipt of such notice. responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 19. General as located at 8 U.S.C. 1324, et seq. and a) This Purchase Order shall be governed by regulations relating thereto, as either may be the laws of the State of Florida. The venue amended. Failure by the awarded firm(s) to for any action brought to specifically enforce comply with the laws referenced herein shall any of the terms and conditions of this constitute a breach of the award agreement and Purchase Order shall be the Twentieth the County shall have the discretion to Judicial Circuit in and for Collier County, unilaterally terminate said agreement Florida immediately. Any breach of this provision may b) Failure of the COUNTY to act immediately in be regarded by the COUNTY as a material and response to a breach of this Purchase Order substantial breach of the contract arising from by VENDOR shall not constitute a waiver of this Purchase Order. breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be 14. Force Majeure deemed a waiver of any subsequent default Neither the COUNTY nor VENDOR shall be by VENDOR. responsible for any delay or failure in c) All notices under this Purchase Order shall performance resulting from any cause beyond be sent to the respective addresses on the their control, including, but without limitation to face page by certified mail, return receipt war, strikes, civil disturbances and acts of nature. requested, by overnight courier service, or by When VENDOR has knowledge of any actual or personal delivery and will be deemed potential force majeure or other conditions which effective upon receipt. Postage, delivery and will delay or threatens to delay timely other charges shall be paid by the sender. A performance of this Purchase Order, VENDOR party may change its address for notice by shall immediately give notice thereof, including all written notice complying with the relevant information with respects to what steps requirements of this section. VENDOR is taking to complete delivery of the d) The Vendor agrees to reimbursement of any goods and/or services to the COUNTY. travel expenses that may be associated with this Purchase Order in accordance with 15. Assignment Florida Statute Chapter 112.061, Per Diem VENDOR may not assign this Purchase Order, and Travel Expenses for Public Officers, nor any money due or to become due without the employees and authorized persons. prior written consent of the COUNTY. Any e) In the event of any conflict between or assignment made without such consent shall be among the terms of any Contract Documents deemed void. related to this Purchase Order, the terms of the Contract Documents shall take 16. Taxes precedence over the terms of the Purchase Goods and services procured subject to this Order. To the extent any terms and for Purchase Order are exempt from Florida sales conditions of this Purchase Order duplicate and use tax on real property, transient rental or overlap the Terms and Conditions of the property rented, tangible personal purchased or Contract Documents, the provisions of the rented, or services purchased (Florida Statutes, Terms and/or Conditions that are most Chapter 212), and from federal excise tax. favorable to the County and/or provide the greatest protection to the County shall 17. Annual Appropriations govern. The COUNTY'S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 18. Termination This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the VENDOR. This Purchase Order . . may be terminated immediately by the COUNTY �j for breach by VENDOR of the terms and C�/� ? 15 #15-6395 Overhead Door Packet Page-932- ± 1/26/2016 16.E.4. Exhibit IV: Additional ITB Terms and Conditions 1. Additional Items and/or Services During the contract term, Collier County reserves the right to add related items and/or services upon negotiation of a satisfactory price by the Project Manager and Vendor. 2. Conflict of Interest Vendor shall provide a list of any businesses and/or organizations to which the firm has any affiliation or obligations within the past five (5) years; whether paid or donated, which could be construed by the County as a conflict of interest. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 3. Vendor Performance Evaluation Collier County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of agreement. 4. Use of Subcontractors Bidders on any service related project, including construction, must be qualified and directly responsible for 51% or more of the solicitation amount for said work. 5. Deductions for Non-Performance The County reserves the right to deduct a portion of any invoice for goods not delivered, or services not performed in accordance with requirements, including required timeframe. The County may also deduct, or chargeback the Vendor the costs necessary to correct the deficiencies directly related to the Vendor's non-performance. 6. 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. 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. #15-6395 Overhead Door 16 Packet Page-933- 1/26/2016 16.E.4. 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. Florida Wood Products The Contractor agrees to comply with Florida Statute 255.20 to provide lumber, timber and other forest products produced and manufactured in the State of Florida as long as the price, fitness and quality are equal. 9. Public Records Compliance The Vendor/Contractor agrees to comply with the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2) (a)-(d) and (3)), ordinances, codes, rules, regulations and requirements of any governmental agencies. 10. Standards of Conduct The Vendor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Vendor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Vendor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 11. Licenses The Vendor is required to possess the correct professional and other licenses, and any other authorizations necessary to perform the required work pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of all the required licenses must be submitted with the bid response indicating that the entity bidding, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the ITB documents. Failure on the part of any vendor to supply this documentation with their bid response may be grounds for deeming vendor non-responsive. A Vendor with an office within Collier County is 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. Questions regarding professional licenses should be directed to Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required Business Tax Receipt (formerly known as Occupational Licenses) should be directed to the Tax Collector's Office at (239) 252-2477. 12. Protection of Property The Vendor shall ensure that the service is performed in such manner as to not damage any property. In the event damage occurs to any property as a direct result of the Vendor or their Sub vendor in the performance of the required service, the Vendor shall repair/replace, to the County's satisfaction, damaged property at no additional cost to the County. If the damage caused by the Vendor or their Sub vendor has to be repaired/replaced by the County, the cost of such work will be deducted from the monies due the Vendor. 17 #15-639 Overhead Door Packet Page -934- 1/26/2016 16.E.4. The County's project manager; shall coordinate with the Vendor/ Contractor the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work. 13. Prohibition of Gifts to County Employees No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee. as set forth in Chapter 112. Part III. Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time: b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 14. Invoice and Payments Payments are made in accordance with the Local Government Prompt Payment Act. Chapter 218... Florida Statutes. Vendor's invoices must include: • Purchase Order Number • Description and quantities of the goods or services provided per instructions on the County's purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk's Finance Department ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or emailed to: Collier County, in its sole discretion. will determine the method of payment for goods and/or services as part of this agreement. Payment methods include: • Traditional — payment by check, wire transfer or other cash equivalent. • Standard — payment by purchasing card. Collier County's Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such. is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation. The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an "Additional Cash Discount." Upon execution of the Contract and completion of each month's work, payment requests may be submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices should be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized by the Project Manager. #15-6395 Overhead Door 18 Packet Page 935 1/26/2016 16.E.4. 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. 15. Survivability The Consultant/ContractorNendor agrees that any Purchase Order that extends beyond the expiration date of the original Solicitation 15-6395 will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Purchase Order. 16. Insurance Requirements The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in Insurance and Bonding Requirements Attachment of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project,if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining, its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida 19 #15-6395 Overhead Door Packet Page-936- 1/26/2016 16.E.4. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in the Insurance and Bonding Requirements Attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage. Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand. the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 17. Collier County Information Technology Requirements All vendor access will be done via VPN access only. All access must comply with current published County Manager Agency (CMA) policies. Current policies that apply are CMAs 5402. 5403 and 5405. These policies will be available upon request from the Information Technology Department. All vendors will be required to adhere to IT policies for access to the County network. Vendors are required to notify the County in writing twenty-four (24) hours in advance as to when access to the network is planned. Included in this request must be a detailed work plan with actions that will be taken at the time of access. The County IT Department has developed a Technical Architecture Requirements Document that is required to be filled out and submitted with your bid response. This document can be found on the Collier County Purchasing Department website: . On the left hand side of the menu, click on CC Technical Requirements. If this document is not submitted with your bid response, your bid response may be deemed non-responsive. 1,1) #15-6395 Overhead Door Packet Page-937- 20 1/26/2016 16.E.4. 18. Security and Background Checks • Contractor shall be responsible for the costs (currently $40 per person) 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. 19. Maintenance of Traffic Policy For all projects that are conducted within a Collier County Right-of-Way, the Vendor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards (DS) on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through the Risk Management and/or Purchasing Departments and are available on-line at colliergov.net/purchasing. The Vendor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT • Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 20. Debris Vendor shall be responsible for the removal and disposal of all debris from the site and the cleaning of the affected areas. Vendor shall keep the premises free of debris and unusable materials resulting from their work and as work progresses; or upon the request of the County's representative, shall remove and dispose such debris and materials from the property. The Vendor shall leave all affected areas as they were prior to beginning work. 21. Direct Material Purchase The County reserves the right to require Vendor to assign some or all of its agreements with material suppliers directly to the County. Any such goods and/or materials purchased by the County pursuant to such an assignment of a material supply agreement shall be referred to as "County Furnished Materials" and the responsibilities of both the County and the Vendor relating to said materials shall be governed by the terms and conditions of this solicitation. Additionally, the County at its sole option may choose to purchase some or all of the goods and/or materials from other suppliers. In either instance the County may require the following information from the Vendor: • Required quantities of material. • Specifications relating to goods and/or materials required for job including brand and/or model number or type if applicable • Pricing and availability of goods and/or materials provided under Vendor's agreements with material suppliers. . 11_6 21 #15-6395 Overhead Door Packet Page -938- 1/26/2016 16.E.4. 22. Grant Compliance The purchase of any goods and/or services that are funded through Federal Grant Appropriations, the State of Florida, or any other public or private foundations shall be subject to the compliance and reporting requirements of the granting agency. 23. Equipment Vendor shall have available and in good working condition, the necessary equipment to perform the required service. If required, the Vendor shall supply a list of equipment and an hourly rate for each. Hourly rates will commence once equipment arrives at the service site. In the event that additional specialized and/or heavy equipment (backhoe, crane, mudhog, etc.) is needed, the Project Manager must be notified in advance for approval. The reimbursement of additional equipment expense shall be at cost and will commence once equipment arrives at the service site. The County reserves the right to request and obtain documentation of the Vendor's cost, and to withhold payments until documentation is provided. The scope of these specifications is to ensure the delivery of a complete unit ready for operation. Omission of any essential detail from these specifications does not relieve the Vendor from furnishing a complete unit. All equipment must be new and of current manufacture in production at the time of ITB opening, and carry standard warranties. At the time of delivery, at least two (2) complete shop repair manuals and parts lists must be furnished with each type of equipment. Vendor must service all equipment prior to delivery and/or acceptance by the County. #15-6395 Overhead Door 22 Packet Page-939- 1/26/2016 16.E.4. J Cr) CT .A W N -+ p z 7 L D D r (U 0< o ffOw -I o -a I O N m � O `< Z m D 9 CI m ° D = 5 < y, m c o4 Cit 7 CD n n W f) d CD O <l < O cD x Ci Q .O. C Cr) N co CD .T1 fD m lb < ? n D CD N ID v a C 3 c. O 0 << A ii N R. 7 y CD fD -1 -1 c co 3 c o a m rr. ‹• X v 0D 0 m = C z CD CD 3 D 0 .« iD D CD 7 7 = N CD N CO f w w o h < D. 01 a Q C D a 3 -p -o -a a . -a = 0 CD 5 Cl) 00 C . CD -CD -' CD O R. U) m H m 7- S 7" s . < O D yr w 0 O O 0 0 0) cn v o o0.. c cp < , G1 N Q v o CS o- o 0 o phi C. O o .< C) CO co CL R a C11 co 0 o a r►. _s - ., _, s c W 5 c °o 3 •J c) c c d m m m m m z o V V A a)CD a) a) a) -i O a) 3 m tii-< - n 0 13 itx-Z z z 74 0 0 0 o m Xz 0 --Ti ° • .o 0 a vp 8 i S • S o r X pp Packet Page-940- 1/26/2016 16.E.4. ,Mic),SMER / Attachment 1: Vendor Submittal - Vendor's Non-Response Statement The sole inte of the Collier County Purchasing Department is to issue solicitations th are clear. concise and op:my competitive. Therefore, we are interested in ascertaining reasons by prospective Vendors did not ,•sh to respond to this ITB. If your firm is not responding to this IT , please indicate the reason(s) by ch_cking any appropriate item(s) listed below and return this for via email or fax to the Procurement Stra -gist listed on the first page or mail to: Collier County Pu hasing Department. 3327 Tamiami Trail Ea • Naples, Florida 34112. We are not responding t. this ITB for the following reason(s): Solicitation: 15-6395 On-Cal •verhead Door and Automatic G e Contractor 7 Services requested not av-Table through our company/ Our firm could not meet speci 'cations/scope of wi. ❑ Specifications/scope of work not .learly and stood (too vague, rigid, etc.) Project is too small. Insufficient time allowed for preparation of response. / I ! Incorrect address used. Please correct m fling address: / / \ / \ / \ I I Other reason(s): f / \ / Firm's Complete L g l Name Address /,t City, State, Zap Telephone Number / FAXjumber Signature / Title ype Name of Signature Date: #15-6395 Overhead Door 3 Packet Page-941- • 1/26/2016 16.E.4. Attachment 2: Vendor's Check List IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign in the spaces indicated and return with bid. Vendor should check off each of the following items as the necessary action is completed: A. The Bid has been signed. 2 The Bid prices offered have been reviewed. r3": The price extensions and totals have been checked. 4. The payment terms have been indicated. Any required drawings, descriptive literature, etc. have been included. 6' Any delivery information required is included. If required, the amount of bid bond has been checked. and the bid bond or cashiers check has been included. Addendum have been signed and included, if applicable. Affidavit for Claiming Status as a Local Business, if applicable. Immigration Affidavit and company's E-Verify profile page or memorandum of understanding. Copies of licenses, equipment lists. subcontractors or any other information as noted in this ITB. Alf. The mailing envelope must be addressed to: Procurement Director Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 The mailing envelope must be sealed and marked with: • 15-96395 Solicitation: On-Call Overhead Door and Automatic Gate Contractor • Opening Date The bid will be mailed or delivered in time to be received no later than the specified opening date and time. (Otherwise bid cannot be considered.) 4If submitting a manual bid, include any addenda (initialed and dated noting-understanding and receipt). If submitting bid electronically. bidder will need to download all related documents on www.colliergov.net/bid. The system will date and time stamp when the addendum files were downloaded ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. t EW SELL /NC. ell*. i?REC 1SIflrd DOLE 3reviOE Co • y N_m- .: . Lbnntr ciAL friRWAGEE ignature & Title Date #15-6395 Overhead Door ,24 Packet Page -942- 1/26/2016 16.E.4. Attachment 3: Vendor Submittal - Bid Response Form FROM: Pig EC,SioN LDOOR SE,�V/CE Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: ITB 15-6395 - On-Call Overhead Door and Automatic Gate Contractor Dear Commissioners: The undersigned, as Vendor, hereby declares that the specifications have been fully examined and the Vendor is fully informed in regard to all conditions pertaining to the work to be performed for as per the scope of work. The Vendor further declares that the only persons, company or parties interested in this Bid or the Contract to be entered into as principals are named herein; that this Bid is made without connection with any other person, company or companies submitting a Bid: and it is all respects fair and in good faith, without collusion or fraud. The Vendor proposes and agrees if this Bid is accepted, to contract. either by a County issued purchase order or formal contract, to comply with the requirements in full in accordance with the terms, conditions and specifications denoted herein, according to the following unit prices: * * * SEE FOLLOWING PAGES * Any discounts or terms must be shown on the Bid Response Form. Such discounts, if any, will be considered and computed in the tabulation of the bids. In no instance should terms for less than fifteen (15) days payment be offered. Prompt Payment Terms: /iv % 3 0 Days; Net20 Days Note: If you choose to bid manually, please submit an ORIGINAL and ONE COPY of your bid response pages. The undersigned do agree that should this Bid be accepted, to execute a formal contract, if required, and present the formal contract to the County Procurement Director for approval within fifteen (15) days after being notified of an award. /17.— #15-6395 Overhead Door Packet Page -943- 25 1/26/2016 16.E.4. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this I9-7H day of FEBRUARY , 20 15 in the County of SARASOTA , in the State of FL. . Firm's Complete Legal Name DREW SELL INC. clba t?REc'SION DOOR SERVICE Address 14390 Unl►vERs►TY PKWY City, State, Zip SARASOTA, FL 3H13 Florida Certificate of Authority PC70 O0o58 3aa Document Number Federal Tax Identification 11.4- I QQ$7yy Number CCR # or CAGE Code Telephone Number cii•II• 351 • 24108 FAX Number `iyl • 35S• 5381 Signature /Title / /`, - COMMERC/AC MANRGER Type Name of Signature J ACo3 G. BLANTON Date a/ A 9 //6 Additional Contact Information Send Payments To: (REQUIRED ONLY if different from above) Firm's Complete Legal Name Address City, State, Zip Contact Name Telephone Number FAX Number Email Address #15-6395 Overhead Door 26 Packet Page-944- 1/26/2016 16.E.4. Attachment 4: Vendor Submittal — Local Vendor Preference Affidavit/ / -) Solicitatio : 14-6395 On-Call Overhead Door and Automatic Gate Contractor (Check Ap opriate Boxes Below) State of Florid. Select County if Vendor is described as a Local Business ❑ Collie ounty ❑ Lee County Vendor affirms that it a local business as defined by the Purchasing Policy of t e Collier County Board of County Commissioners .nd the Regulations Thereto. As defined in Section XI f the Collier County Purchasing Policy: Local business m:ans the vendor has a current Business Tax Recei issued by the Collier County Tax Collector for at least one ye:r prior to bid or proposal submission to do bus. ess within Collier County, and that identifies the business with a •-rmanent physical business address located within the limits of Collier County from which the vendor's staff op:rates and performs business in an arei zoned for the conduct of such business. A Post Office Box or a 3cility that receives mail, or a non-permanent structure such as a construction trailer. storage shed, or other non-p- manent structure shall not be kfsed for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not la a considered a "local business" unless it contributes to the economic developme and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the etention and exp sion of employment opportunities, support and increase to the County's tax base, and reside cy of employ s and principals of the business within Collier County. Vendors shall affirm in writing their co pliance wi the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "lo .1 busi -ss" under this section. A vendor who misrepresents the Local Preference status of its firm in a propos. or aid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one yea under this section. Vendor must complete the following informatiio�on/ \ 7) Year Business Established in El Collier Courfty� or ❑ Lee k ounty: Number of Employees (Including Owne s) or Corporate Officers). Number of Employees Living in ❑ oilier County or ❑ Lee (Intl •ing Owner(s) or Corporate Officers): If requested by the County, ven ` r will be required to provide q p de docum°ntation substantiating the information given in this affidavit. Failure t do so will result in vendor's submission .eing deemed not applicable. Vendor Name: Date. Address in Collier or L County: Signature: // Title: STATE OF FLO IDA ❑ COLLIE COUNTY ❑ LEE COUNTY Sworn to .nd Subscribed Before Me, a Notary Public, for the above State and County, on t 's Day of , 20 . Notary Public /I /1f ' y Commission Expires: .i P. (AFFIX OFFICIAL SEAL) Ira r :1 #15-6395 Overhead Door 27 Packet Page-945- 1/26/2016 16.E.4. Attachment 5: Vendor Submittal—Immigration Affidavit Solicitation: 15-6395 On-Call Overhead Door and Automatic Gate Contractor 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. 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-Verifv program, may deem the 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 / Bidders proposal. Company Name 72, 1.L INC. lea. " ECLSDN iMg 5E,�yiC Print Name 44'D:Ev./ -5 LL Title wN '.P. t/ Signature /,yi/ Date , // %/ l J / State of 'r( County of .)∎(. ()C),VI C.- • The foregoing instrument was signed and acknowledged before me this k-1 day of C` lA( (\_\ , 20\5, by EFL U t L �� who has produced ()'r `I C.)• S;: °3>) 'Cl)as identification. (Print or Type Narpe) ( f (Type of Identification and Number) / \ Notary Public Signature C- ,�•�,;;.. JOANNA G SELL =iP i. Notary Public-State o flacI Cl }�7 My COMM.Expires Nov 6,2016 Prin ed Name of Notary Public ^• +`�„/ Canxnission of Ff 17462E k cif OF'FCC�t� Bonded ttrough Nei Notary Assn. •. 117 Li 1o) �o y C�-- , 2 c;i 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. #15-6395 Overhead Door 28 Packet Page-946- 1/26/2016 16.E.4. J Attachment 6: Vendor Substitute W—9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information. which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name DREW SELL InJC. (as shown on income tax return) Business Name ='RECISION Ix53R SERVICE (if different from taxpayer name) Address I‘3gO JNIVERSl7Y Puwy City SARASOTA • State FLORIDA Zip 34/Zy3 Telephone 9vl•35• Zi1PS FAX q 1/ • 355. 53Ql Email c n(Irewsen10i0 gmail•Corn Order Information Remit/Payment Information Address IgaQ UNIVERSITY PKWY Address - 1c3aO UNIVERS/i ' ?KWY. CitySf4RR50TA State FL. Zip 3Y24/3 j City SARRSOTq State FL. Zip ..34/Z413 FAX qul • 355. 531 FAX R�(1. 35S• 5381 ` Email odsComt✓IefcialPltG%�maiI.Com Email odscoornercial02 (ai c�n, ti(. CO') i � , 2. Company Status (check only one) _Individual/Sole Proprietor ' X Corporation Partnership — — —..... ----- _Tax Exempt(Federal income tax-exempt entity I __ 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) I Federal Tax Identification Number(TIN) IN - Igg9,7'lt/ i (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 Dat or, /j i Certification. 7 ienalties of perjury: I certify that the information shown on this form is correct to my knowledge. ' Signature/1 // --_ �_.D. ff ' Date �t�/fl5 f Title OwNER Phone Number 9'1l• 3s"l• ZHO #15-6395 Overhead Door 29 Packet Page-947- 1/26/2016 16.E.4. Attachment 7: Vendor Submittal -Insurance and Bonding Requirements Insurance/Bond Type Required Limits 1. ® Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. Employer's Liability $500,000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $500,000 single limit per occurrence.. $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors Products and Completed Operations • and Contractual Liability. 4. Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor 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 Contractor/Vendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of this Agreement. 4. ❑ Automobile Liability $ 500,000 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 ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence r #15-6395 Overhead Door ,/�30 Packet Page-948- / , i► 1/26/2016 16.E.4. 6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ❑ Performance and For projects in excess of$200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. ® Thirty (30) Days Cancellation Notice required. Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm PSEC'IS1ON DOD SERVICE Date -2/19//5— Vendor Signature .141 J4N2. —Print Name SAC05 C /3LANrow Insurance Agency 3R0WN a 'BRovdN livsoRANCE Agent Name -TREvoR SAKoNE Telephone Number 32I 757- € 6f' • #15-6395 Overhead Door / Packet Page-949- 31 1/26/2016 16.E.4. 2014 FLORIDA PROFIT CORPORATION ANNUAL REPORT FILED DOCUMENT#P07000058322 Jan 10, 2014 Entity Name: DREW SELL INC. Secretary of State Current Principal Place of Business: M P �¢ CC9537785142 1890 UNIVERSITY PKWY SARASOTA, FL 34243 Current Mailing Address: 2303 DATURA ST SARASOTA, FL 34239 US FEI Number: 14-1998744 Certificate of Status Desired: No Name and Address of Current Registered Agent: SELL,ANDREW J 2303 DATURA ST SARASOTA,FL 34239 US The above named entity submits this statement for the purpose of changing its registered office or registered agent,or both,in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Officer/Director Detail : Title CEO Name SELL,ANDREW J Address 2303 DATURA ST City-State-Zip: SARASOTA FL 34239 I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shalt have the same legal effect as if made under oath;that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607,Florida Statutes;and that my name appears above,or on an attachment with all other like empowered. SIGNATURE:ANDREW J SELL CEO 01/10/2014 Electronic Signature of Signing Officer/Director Detail Date Packet Page -950- 1/26/2016 16.E.4. C.rti&ae of status I certify from the records of this office that DREW SELL INC. is a corporation organized under the laws of the State of Florida,filed electronically on May 15, 2007. The document number of this corporation is P07000058322. I further certify that said corporation has paid all fees due this office through December 31,2007, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. I further certify that this is an electronically transmitted certificate authorized by section 15.16, Florida Statutes, and authenticated by the code noted below. Authentication Code: 070516141334-300102507413#1 Given under my hand and the Great Seal of the State of Florida at Tallahassee,the Capital,this the Sixteenth day of May,2007 Packet Page-951- 2/19/2015 by Entity twit.;ti 1/26/2016 16.E.4. ■ '*i;it:*k'FP4tX'r':;:!:T'''":!'",':':FC:'i;'";"44Fef',P'*''riV0:r:"*r ,'"'''''''ar'''''t. Florida :)rofii .;,orporatior DREW SELL INC. Filing information Document Number D07000058322 FEI/EIN Number 14199874,i Date Filed 05'151200? State FL Status ACTIVE Principal Address 1890 UNIVERSITY PKWY SARASOTA, FL 34243 Changed: 01/06/2012 • Aociress, 2303 DATURA ST SARASOTA FL 34239 Changed: 01/06/2012 Registered Agent Name & • SELL, ANDREW J 2303 DATURA ST SARASOTA, FL 34239 Address Changed: 01/06/2012 OfficeilDirecto. Detar Name & Address Title CEO SELL. ANDREW J 2303 DATURA ST SARASOTA; FL 34239 • Reports ! Report Year Filed Date 2012 01/06/2012 hitplisearcr,sunbiz.orainquirv/CorporattonSea.t'n,Seart-nResitilDtt-a Packet Page-952- ttnei7itnitiaii&setarchNameOrdet-=DREVVS-ii:LL%2OP MINEN■ 1/26/2016 16.E.4. M{�5► Z2 Precision Door Service 1890 University Pkwy. Sarasota. FL 34243 941.351.2408 pdscommercia101@gmail.com REFERENCES: William Pfender Skilled Trades II Sarasota County 1660 Ringling Blvd. Sarasota, Fl. 34236 941.650.8213 Larry Lowe Maintenance Coordinator Sarasota County Fire Departmen- 8020 S. Tamiami Trail Venice. Fl. 34293 941.650.6986 Tommy Kelly Mechanical Systems Manager Manatee County School Board 1 Matzke Way Bradenton. FI. 34208 941 708.8800 Marcia Rubin, CFM Property Maintenance Manager 5455 Pan American Blvd. North Port, Fl. 34287 941 429.3590 David Holmes Tradesworker Master-Electrical CCBCC Facilities Management 3335 Tamiami Trail E #101 Naples. Fl. 34112 239.252.8380 Packet Page-953- 1/26/2016 16.E.4. Company ID Number: 853607 THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY The parties to this agreement are the Department of Homeland Security (DHS) and the Drew Sell Inc. (Employer). The purpose of this agreement is to set forth terms and conditions which the Employer will follow while participating in E-Verify. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of Form 1-9, Employment Eligibility Verification (Form I-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the Social Security Administration (SSA), and DHS. Authority for the E-Verify program is found in Title IV. Subtitle A. of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009. as amended (8 U.S.C. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18. `Employment Eligibility • Verification" and Executive Order 12989 as amended. provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts ARTICLE II . RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the following notices supplied by OHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system: a. Notice of E-Verify Participation b. Notice of Right to Work 2. The Employer agrees to provide to the SSA and OHS the names, titles. addresses. and telephone numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives' contact information changes. 3. The Employer agrees to grant E-Verify access only to current employees who need E-Verify access. Employers must promptly terminate an employee's E-Verify access if the employer is separated from the company or no longer needs access to E-Verify. Page 1 of 1? E-Verify MOU for Employers.Revision L.at,_:08 o- 3 Packet Page-954- _. 1/26/2016 16.E.4. Company ID Number: 853607 4. The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. 5. The Employer agrees that any Employer Representative who will create E-Verify cases will complete the E-Verify Tutorial before that individual creates any cases. a. The Employer agrees that all Employer representatives will take the refresher tutorials when prompted by E-Verify in order to continue using E-Verify. Failure to complete a refresher tutorial will prevent the Employer Representative from continued use of E-Verify. 6. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions: a. If an employee presents a "List B" identity document. the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form 1-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 888-464-4218. b. If an employee presents a DHS Form 1-551 (Permanent Resident Card), Form 1-766 (Employment Authorization Document). or U.S. Passport or Passport Card to complete Form 1-9. the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9. The Employer will use the photocopy to verify the photo and to assist OHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C document(s) to complete the Form 1-9. 7 The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen containing the case verification number and attach it to the employee's Form 1-9. 8. The Employer agrees that. although it participates in E-Verify. the Employer has a responsibility to complete. retain, and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws. including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form 1-9 procedures. a. The following modified requirements are the only exceptions to an Employer's obligation to not employ unauthorized workers and comply with the anti-discrimination provision of the INA: (1) List B identity documents must have photos. as described in paragraph 6 above; (2) When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of that employee: (3) If the Employer receives a final nonconfirmation for an employee. but continues to employ that person, the Employer must notify DHS and the Employer is subject to a civil money penalty between $550 and $1,100 for each failure to notify OHS of continued employment following a final nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly Page 2 of 17 E-Verify MOU for Employers Revision Da“,06101'13 Packet Page-955- ................ • 1/26/2016 16.E.4. Company ID Number: 853607 employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. b. DHS reserves the right to conduct Form 1-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits. to ensure proper use of E-Verify. 9. The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form 1-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form 1-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. 10. The Employer agrees not to use E-Verify for pre-employment screening of job applicants. in support of any unlawful employment practice. or for any other use that this MOU or the E-Verify User Manual does not authorize. 11. The Employer must use E-Verify for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article II.B of this MOU. 12. The Employer agrees to follow appropriate procedures (see Article Ill below) regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employees E-Verify case. The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. Further, when empioyees contest a tentative nonconfirmation based upon a photo mismatch,. the Employer must take additional steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge. 13. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(l)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization. a tentative nonconfirmation. a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo mismatch. does not establish, and should not be interpreted as. evidence that the employee is not work authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status Page 3 of 17 C-Verify MOU for Employers Revision Date 060113 • Packet Page-956- . gf- 1/26/2016 16.E.4. Mts, i ` Company ID Number: 853607 (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions. withholding pay. refusing to assign the employee to a Federal contract or other assignment. or otherwise assuming that he or she is unauthorized to work) until and unless secondary verification by SSA or OHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo mismatch or if a secondary verification is completed and a final nonconfirmation is issued. then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464- 4218 (customer service) or 1-888-897-7781 (worker hotline). 14. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of the INA as applicable by not discriminating unlawfully against any individual in hiring, firing, employment eligibility verification, or recruitment or referral practices because of his or her national origin or citizenship status, or by committing discriminatory documentary practices. The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound "foreign" or have received tentative nonconfirmations. The Employer further understands that any violation of the immigration-related unfair employment practices provisions in section 274B of the INA could subject the Employer to civil penalties. back pay awards. and other sanctions, and violations of Title VII could subject the Employer to back pay awards. compensatory and punitive damages. Violations of either section 274B of the INA or Title VII may also lead to the termination of its participation in E-Verify. If the Employer has any questions relating to the anti-discrimination provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TOD). • 15. The Employer agrees that it will use the information it receives from E-Verify only to confirm the employment eligibility of employees as authorized by this MOU The Employer agrees that it will safeguard this information. and means of access to it (such as PINS and passwords), to ensure that it is not used for any other purpose and as necessary to protect its confidentiality. including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU. except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 16. The Employer agrees to notify OHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at E-Verify(a)dhs.aov. Please use "Privacy incident— Password" in the subject line of your email when sending a breach report to E-Verify. 17. The Employer acknowledges that the information it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.0 1306(a)). Any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 18. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, which includes permitting DHS, SSA, their contractors and other agents. upon Page 4 of'7 G Verify MOU for Employers I Revision matt-uG O' 13 • Packet Page -957- 1/26/2016 16.E.4. Company ID Number: 853607 reasonable notice, to review Forms 1-9 and other employment records and to interview it and its employees regarding the Employer's use of E-Verify, and to respond in a prompt and accurate manner to DHS requests for information relating to their participation in E-Verify. 19. The Employer shall not make any false or unauthorized claims or references about its participation in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its services as federally-approved, federally-certified, or federally-recognized. or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false. 20. The Employer shall not state in its website or other public documents that any language used therein has been provided or approved by DHS. USCIS or the Verification Division, without first obtaining the prior written consent of DHS 21. The Employer agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Web)) and. other than pursuant to the specific terms of such license. may not be used in any manner that might imply that the Employer's services, products. websites, or publications are sponsored by, endorsed by. licensed by, or affiliated with DHS. USCIS, or E-Verify. 22. The Employer understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU. the Employer may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU. B. RESPONSIBILITIES OF FEDERAL CONTRACTORS 1. If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify Supplemental Guide for Federal Contractors. 2. In addition to the responsibilities of every employer outlined in this MOU, the Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any "employee assigned to the contract" (as defined in FAR 22.1801). Once an employee has been verified through E-Verify by the Employer. the Employer may not create a second case for the employee through E-Verify. a. An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment. begin to verify employment eligibility of new hires using E-Verify. The Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Employer begins verifying new hires. such verification of new hires must be initiated within three business days after the hire date. Once enrolled in E-Verify as a Federal contractor. the Employer must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. Page 5 of 57 E-Verify MOU for Employers i Revisior Date 05,0,! Packet Page -958- 1/26/2016 16.E.4. Company ID Number: 853607 b. Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to begin verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States. whether or not assigned to the contract. Such verification of new hires must be initiated within three business days after the date of hire. An Employer enrolled as a Federal contractor in E-Verify must begin verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)). state or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency under a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may. however. elect to verify all new hires, and/or all existing employees hired after November 6, 1986. Employers in this category must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employees assignment to the contract. whichever date is later. d. Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6. 1986. instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to verify existing staff following DHS procedures and begin E-Verify verification of all existing employees within 180 days after the election. e. The Employer may use a previously completed Form 1-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as: i. That Form 1-9 is complete (including the SSN) and complies with Article II.A.6. ii. The employees work authorization has not expired. and iii. The Employer has reviewed the Form 1-9 information either in person or in communications with the employee to ensure that the employee's Section 1, Form 1-9 attestation has not changed (including. but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). f. The Employer shall complete a new Form 1-9 consistent with Article Il.A.6 or update the previous Form 1-9 to provide the necessary information if: i. The Employer cannot determine that Form 1-9 complies with Article II.A.6, ii. The employee's basis for work authorization as attested in Section 1 has expired or changed, or ill. The Form 1-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of Form 1-9 is otherwise valid and up-to-date and the form otherwise complies with Page 6 of 17 E-Verify MOU for Employers I Revision Date 06'01'13 • Packet Page -959- 1/26/2016 16.E.4. Company ID Number: 853607 • Article II.C.5, but reflects documentation (such as a U.S. passport or Form 1-551) that expired after completing Form 1-9, the Employer shall not require the production of additional documentation. or use the photo screening tool described in Article Il.A.5. subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. g. The Employer agrees not to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Employer that is not a Federal contractor based on this Article. 3. The Employer understands that if it is a Federal contractor. its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract. and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. C. RESPONSIBILITIES OF SSA 1. SSA agrees to allow DHS to compare data provided by the Employer against SSA's database. SSA sends DHS confirmation that the data sent either matches or does not match the information in SSA's database. 2. SSA agrees to safeguard the information the Employer provides through E-Verify procedures. SSA also agrees to limit access to such information. as is appropriate by law. to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E-Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a) . and SSA regulations (20 CFR Part 401). 3. SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E-Verify provides the information to the Employer. 4. SSA agrees to update SSA. records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA. SSA agrees to update SSA records, if appropriate, within the eight-day period unless SSA determines that more than eight days may be necessary In such cases. SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the employer. Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E-Verify at 1-888-464-4218. D. RESPONSIBILITIES OF DHS 1. DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer to conduct, to the extent authorized by this MOU: a. Automated verification checks on alien employees by electronic means, and Page 7 of 17 E-Verify MOU for Employers Revision.Date 06/01'13 Packet Page -960- 1/26/2016 16.E.4. Company ID Number: 853607 b. Photo verification checks (when available) on employees. 2. DHS agrees to assist the Employer with operational problems associated with the Employer's participation in E-Verify. DHS agrees to provide the Employer names. titles. addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to provide to the Employer with access to E-Verify training materials as well as an E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for both SSA and DHS, including restrictions on the use of E-Verify. 4. DHS agrees to train Employers on all important changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to E-Verify, DHS reserves the right to require employers to take mandatory refresher tutorials. 5. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in E-Verify. OHS also agrees to provide to the Employer anti-discrimination notices issued by the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), Civil Rights Division. U.S. Department of Justice. 6. DHS agrees to issue each of the Employer's E-Verify users a unique user identification number and password that permits them to log in to E-Verify. 7. DHS agrees to safeguard the information the Employer provides. and to limit access to such information to individuals responsible for the verification process. for evaluation of E-Verify. or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal criminal laws, and to administer Federal contracting requirements. 8. DHS agrees to provide a means of automated verification that provides in conjunction with SSA verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry. 9. DHS agrees to provide a means of secondary verification (including updating OHS records)for employees who contest DHS tentative nonconfirmations and photo mismatch tentative nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless OHS determines that more than 10 days may be necessary. In soon cases. OHS will provide additional verification instructions. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA. the Employer must print the notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify Page 8 of 17 E-Verify MOU for Employers I Revision Date 06'01'13 • Packet Page-961- 1/26/2016 16.E.4. t Company ID Number: 853607 case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employees response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. After a tentative nonconfirmation. the Employer will refer employees to SSA field offices only as directed by E-Verify. The Employer must record the case verification number, review the employee information submitted to E-Verify to identify any errors, and find out whether the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security number, or any other corrected employee information that SSA requests. to SSA for verification again if this review indicates a need to do so. 4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 5. While waiting for case results. the Employer agrees to check the E-Verify system regularly for case updates. 6. The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration number database (the Numident) or other written verification of the SSN from the SSA. B. REFERRAL TO DHS 1 If the Employer receives a tentative nonconfirmation issued by DHS. the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employees E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer must allow employees to contest the finding. and not take adverse action against employees if they choose to contest the finding. while their case is still pending. 2. The Employer agrees to obtain the employees response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation. 4. If the employee contests a tentative nonconfirmation issued by DHS. the Employer will instruct the Page 9 of % E-Verify MOU for Employers I Pevisioi,Dm,0670' 17, Packet Page-962- 1/26/2016 16.E.4. F� , $ r. s�� Company ID Number: 853607 employee to contact DHS through its toll-free hotline (as found on the referral letter) within eight Federal Government work days. 5. If the Employer finds a photo mismatch the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations, generally. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Employer will send a copy of the employee's Form 1-551, Form 1-766, U.S. Passport, or passport card to DHS for review by: a. Scanning and uploading the document. or b. Sending a photocopy of the document by express mail (furnished and paid for by the employer). 7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the Employer must forward the employee's documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match or mismatch. 8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 9. While waiting for case results. the Employer agrees to check the E-Verify system regularly for case updates. ARTICLE IV SERVICE PROVISIONS A. NO SERVICE FEES 1. SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E-Verify. an Employer will need a personal computer with Internet access. ARTICLE V MODIFICATION AND TERMINATION A. MODIFICATION 1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all parties. 2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify checking against additional data sources and instituting new verification policies or procedures. will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. Page 10 of 17 E-Verify MOU for Employers Revision Gate 06101.13 Packet Page-963- 1/26/2016 16.E.4. • fi Company ID Number: 853607 B. TERMINATION 1. The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days prior written notice to the other parties. 2. Notwithstanding Article V, part A of this MOU. DHS may terminate this MOU. and thereby the Employer's participation in E-Verify, with or without notice at any time if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer. or a failure on the part of the Employer to comply with established E-Verify procedures and/or legal requirements. The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect the performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state where E-Verify is mandatory. termination of this by any party MOU may negatively affect the Employer's business. 3. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. in such cases. the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, then that Employer will remain an E-Verify participant. will remain bound by the terms of this MOU that apply to non-Federal contractor participants. and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. 4. The Employer agrees that E-Verify is not liable for any losses. financial or otherwise, if the Empioyer is terminated from E-Verify. ARTICLE VI PARTIES A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s . and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreement with DHS. SSA has agreed to perform its responsibilities as described in this MOU. B. Nothing in this MOU is intended or should be construed. to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies. officers, or employees. or against the Employer. its agents. officers. or employees. C. The Employer may not assign. directly or indirectly. whether by operation of law, change of control or merger. all or any part of its rights or obligations under this MOU without the prior written consent of DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense. assign. or transfer any of the rights. duties. or obligations herein is void. D. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU. whethe- civil or criminal. and for any liability wherefrom. including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer E. The Employer understands that its participation in E-Verify is not confidential information and may he disclosed as authorized or required by law and OHS or SSA policy. including but not limited to. Page 11 of 17 E-Verify MOU for Emofoyers Revisor [76+01'17, Packet Page -964- • 1/26/2016 16.E.4. Company ID Number: 853607 Congressional oversight, E-Verify publicity and media inquiries determinations of compliance with Federal contractual requirements. and responses to inquiries under the Freedom of Information Act (FOIA). F. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. The Employer understands that any inaccurate statement, representation, data or other information provided to DHS may subject the Employer its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or: (2) immediate termination of its MOU and/or: (3) possible debarment or suspension. G.The foregoing constitutes the full agreement on this subject between DHS and the Employer. To be accepted as an E-Verify participant, you should only sign the Employer's Section of the signature page. If you have any questions, contact E-Verify at 1-888-464-4218. Page 12 of 17 E-Verify MOU for Employers I Revision Date 06/01113 Packet Page -965- 1/26/2016 16.E.4. Fi=.2 Company ID Number: 853607 Approved by: lEmployer Drew Sell Inc. - iName (Please Type or Print) Title Jacob Blanton Signature 1Date Electronically Signed 02/16/2015 !Department of Homeland Security—Verification Division l-Name (Please Type or Print) Title USCIS Verification Division _ . Signature TDate Electronically Signed 021612015 • Page 13 of 17 E-Verify MOU for Employers Revisior.Date 36/01,13 • Packet Page-966- :t 1/26/2016 16.E.4. 42 Company ID Number: 853607 Information Required for the E-Verify Program Information relating to your Company: Drew Sell Inc Company Name 1890 University Pkwy 1 Sarasota FL 34243 Company Facility Address ;Company Alternate Address ;County or Parish SARASOTA Employer Identification Number 141998744 ;North American Industry 811 ;Classification Systems Code ;Parent Company !Number of Employees 10 to 19 ;Number of Sites Verified for 1 Page 1 -of 17 E-Verify MOU for Emeloyer Revrsion r.1-)at.,06/01 13 Packet Page-967- • 1/26/2016 16.E.4. Company ID Number: 853607 Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: FLORIDA 1 site(s Page 15 of 1- E-Vently MOU for Employers I Revision Date 06 01 1? Packet Page-968- E ., 1/26/2016 16.E.4. ......'.17.,! pti, -;, 0.; ,,w Company ID Number: 853607 Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name Andrew Sell Phone Number (941)351 -2408 Fax Number (941)355-5381 Email Address andrewse1110©gmail.com Name Jacob G Blanton Phone Number (941)351 -2408 Fax Number (941)355-5381 Email Address pdscommercia101(c©gmail.con Pane 16 of 17 E-Verify MOU for Employers Revision Date 116'01;13 Packet Page -969- 1/26/2016 16.E.4. • o Company ID Number: 853607 Page intentionally left blank • Page 17 of 17 E-Verify MOU for Employers l Revision Date 0610113 Packet Page -970- 1/26/2016 16.E.4. `n O) 1— n- 1.0 N -a 'd j .> C— a / N \ w n \ W o a) U F• O• m O = _ \ as (a Q Z 8 O O Z 0 0 W W W LL! W \m Y M v m RS / �M S a \ z z z / ° \ 0 T iT T T T p / , l an V! 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