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Agenda 04/26/2016 Item #16E 8 4/26/2016 16.E.8. EXECUTIVE SUMMARY Recommendation to award Invitation to Bid (ITB) 16-6545 "Contract Laborers," to Balance Professional,Inc. as the primary, and TRP Partners LLC as the secondary,for Countywide temporary labor services and authorize the Chairman to execute contracts with the vendors. OBJECTIVE: To acquire temporary labor services for various tasks and projects. CONSIDERATIONS: Various County divisions utilize the contract laborers to balance demand to provide the County with the best and most cost-effective services. On December 28, 2015, the Procurement Services Division solicited bids from multiple contract labor related companies. A total of three hundred and ninety-two (392) notices were sent electronically, and thirty-two (32) companies downloaded the solicitation packet. Of the packets downloaded, a total of ten (10) contractors responded. Invitation to Bid 16-6545, "Contract Laborers," includes an overhead pricing system that will provide the necessary services to County divisions.Bidders were asked to bid fixed markup rates that would be applied to the actual pay rate for each contract employee they provide. Staff reviewed the bids and found the lowest and most responsive bids were from TRP Partners, LLC with a bid markup of 32%, Marathon Staffing Services 32.5% and Balance Professional, Inc. with 35%. Balance Professional was given "the Right to Match" under the Procurement Ordinance, 13-69, as amended, Section 15 subsection 2(a) of the local vendor preference and they submitted a markup of 31.50%. Therefore, staff is recommending Balance Professional,Inc. as the primary and TRP Partners,LLC, as the secondary vendor for contract labor services. If Balance Professional Inc. is unable to provide the services requested, as outlined in the contract,then it is staff's recommendation that the County use the secondary vendor,TRP Partners, LLC. FISCAL IMPACT: The County-wide historical annual expenditure for all division budgets is approximately$1.4 million. GROWTH MANAGEMENT IMPACT: There is no impact to Growth Management impact for the award of this invitation to bid. 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 RECOMMENDATION: That the Board awards ITB 16-6545 for "Contract Laborers," to Balance Professional, Inc. as the primary and TRP Partners, LLC, as the secondary, for temporary labor services and authorizes the Chairman to execute contracts with the vendors after review and approval by the County Attorney's Office. Prepared By: Miguel Carballo, CPM,Facilities Manager,Division of Facilities Management Attachments: 1. 1TB# 16-6545 Contract Laborers 2. 16-6545 Tab sheet—right to match 3. 16-6545 Balance Professional Contract 4. 16-6545 TRP Partners Contract Packet Page -2396- 4/26/2016 16.E.8. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.E.16.E.8. Item Summary: Recommendation to award Invitation to Bid (ITB) 16-6545 "Contract Laborers," to Balance Professional, Inc. as the primary, and TRP Partners LLC as the secondary, for Countywide temporary labor services and authorize the Chairman to execute contracts with the vendors. Meeting Date: 4/26/2016 Prepared By Name: CarballoMiguel Title: Manager-Facilities,Facilities Management 4/5/2016 11:38:11 AM Submitted by Title: Manager-Facilities,Facilities Management Name: CarballoMiguel 4/5/2016 11:38:13 AM Approved By Name: HerreraSandra Title: Manager-Procurement,Procurement Services Date: 4/5/2016 3:41:46 PM Name: LinguidiDennis Title: Division Director-Facilities Mgmt,Facilities Management Date: 4/5/2016 4:21:35 PM Name: BurnsRhonda Title:Procurement Specialist,Procurement Services Date: 4/6/2016 11:09:13 AM Name: MarkiewiczJoanne Title: Division Director-Procurement Services,Procurement Services Date: 4/6/2016 2:26:45 PM Packet Page -2397- 4/26/2016 16.E.8. Name: Bendisa Marku Title: Operations Analyst, Senior,Administrative Services Department Date: 4/6/2016 4:44:16 PM Name: PriceLen Title: Department Head-Administrative Svc,Administrative Services Department Date: 4/11/2016 3:26:05 PM Name: KlatzkowJeff Title: County Attorney, Date: 4/14/2016 4:05:40 PM Name: KlatzkowJeff Title: County Attorney, Date:4/14/2016 4:19:33 PM Name: WellsLaura Title: Management/Budget Analyst, Senior, Office of Management&Budget Date: 4/14/2016 4:57:23 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 4/17/2016 11:03:02 AM Packet Page -2398- 4/26/2016 16.E.8. Collier Co14nty Administrative Services Department Procurement Services Division INVITATION TO BID Date: December 28, 2015 From: Rhonda Cummings, CPPB, Procurement Strategist (239) 252-8941 (Telephone) (239) 252-6700 (FAX) RhondaCummings @colliergov.net (Email) To: Prospective Vendors Subject: Solicitation: 16-6545 Contract Laborers As requested by the Facilities Management Division, 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: www.colliergov.net/bid. 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: Miguel Carbollo, Manager, Facilities Note: All ITB responses submitted must include one (1) original labeled MASTER, along with one (1) exact duplicate copies, including all required forms. F ra.cmniert3 r nxs u•n;xx•3327 Tamcam Trail East•Naples.Florida 341124901.239,252.7,447.WA aelgov.nottprecar-ma nt rvices 1 ITB 16-6545 ITB Template_10152015 Packet Page -2399- 4/26/2016 16.E.8. Invitation to Bid Index Public Notice 3 Exhibit I: Scope of Work, Specifications and Response Format 5 Exhibit II: General Bid Instructions 10 Exhibit III: Standard Purchase Order Terms and Conditions 16 Exhibit IV: Additional ITB Terms and Conditions 19 Attachment 1: Vendor Submittal -Vendor's Non-Response Statement 25 Attachment 2: Vendor's Check List 27 Attachment 3: Vendor Submittal - Bid Response Form 28 Attachment 4: Vendor Submittal— Local Vendor Preference Affidavit 30 Attachment 5: Vendor Submittal— Immigration Affidavit 31 Attachment 6: Vendor Substitute W—9 32 Attachment 7: Vendor Submittal - Insurance and Bonding Requirements 33 ITB 16-6545 ITB Template_10152015 2 Packet Page -2400- 4/26/2016 16.E.8. Goe1r Gouvtty Administrative Services Department Procurement Sauces Division Public Notice Sealed bid responses for Solicitation 16-6545 Contract Laborers, will be received electronically or manually only at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112 until 2:30 PM, Collier County local time on January 8, 2016. Solicitation responses received after the stated time and date will not be accepted. Solicitation 16-6545 Contract Laborers All questions regarding this ITB must be submitted online on the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. 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 Division Publicly posted on the Collier County Purchasing Department website: www.colliergov.net/purchasinq and in the lobby of the Purchasing Building on December 28, 2015. 3 ITB 16-6545 ITB Template_10152015 Packet Page -2401- 4/26/2016 16.E.8. Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Facilities Management Division (hereinafter, the "Division or Department"), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, "County") has issued this Invitation to Bid (hereinafter, "ITB")with the intent of obtaining 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 To acquire temporary/ short term contract laborers for various Divisions within Collier County Government. Detailed Scope of Work The County spends approximately $1.4 million annually on various categories outlined in this scope of work. Contractor shall provide temporary laborers for various Collier County Divisions with the following minimum requirements: 1. Provide laborers to interview for County positions within three business days from contact with the County's project manager. The County may ask for as many interviewees from the contractor as it takes to satisfy management. 2. Provide laborers according to the following categories and employees hourly pay rates described below: • Category 1: Unskilled Laborers (Employee Hourly Pay Rate: $8 — 12 per hour) Defined as a segment of the work force associated with a low skill level or a limited economic value for the work performed. Unskilled labor is generally characterized by low education levels and small wages. Work that requires no specific education or experience is often available to workers who fall into the unskilled labor force Anticipated duties may include menial or repetitive tasks, and may include, but not be limited to: landscaping work, digging, shoveling, spading, raking, excavation, furniture and/or equipment moving, pressure washing and other various duties as assigned by the County. • Category 2: Semi Skilled Laborers (Employee Hourly Pay Rate: $10 — 14 per hour) Defined as a segment of the work force that has, or requires, less training than a skilled laborer and more training than that of the unskilled laborers. ITB 16-6545 ITB Template_10152015 5 Packet Page -2402- 4/26/2016 16.E.8. Semi Skilled Laborers are typically used for jobs of a strenuous nature, and/or may require using power tools but not to the degree of a skilled laborer. Additionally, this may include, but not limited to: office positions such as data entry, file scanning, and basic clerical work. • Category 3: Skilled Laborers (Employee Hourly Pay Rate: $14— 20 per hour) Defined as a segment of the workforce that has some special skill / expertise, knowledge, acquired ability in their work and who may be able to diagnose and correct a problem. For example: • Manual Skilled Laborers (including, but not limited to: carpenters, electricians, painters, plumbers). • Operations Skilled Laborers (including, but not limited to: building automation technicians, Operations Coordinators, Tram Services, and Administrative Assistants). • Category 4: Specialty Skilled Personnel (Employee Hourly Pay Rate: $14— 26 per hour) Defined as a segment of the workforce that has specialized training, education or licensure, and has the ability to independently work in specialized areas, including, but not limited to: County interns, CAD Technicians or Drafters, Project Managers, General Building Surveying, other Management Services, or any other skill or skilled position the County deems appropriate under this category. 3. Provide the County with a fixed contractor mark-up for each category for the duration of the contract. 4. Provide the County with a quote for each laborer assigned that includes a resume, brief description of assignment, the category selected, the employee hourly rate and the contractor's mark-up. 5. Supply competent laborers who are capable of performing their employment duties. Laborers shall be neat, clean, well-groomed and courteous, and shall be fully dressed including shirt and shoes. Laborers must conform with CMA 5309, "Appearance and Personal Hygiene". The County may, at their discretion, provide uniforms to the laborers at no cost to the Contractor or laborers. 6. Provide laborers who shall be capable of verbally receiving and understanding instructions in English. 7. Ensure that all contract worker provided to the County have fully executed and complete fingerprint background checks and drug screening prior to starting work at the County, in accordance to County Ordinance 2004-52, as amended. 8. Register with the Division of Homeland's Security E-verify system, and document that each contract worker has been screened through this system. 6 ITB 16-6545 ITB Template_10152015 Packet Page -2403- 4/26/2016 16.E.8. 9. Comply, both the contractor and contract workers, with all applicable regulations of the County, the State and the Federal government; full cooperation is expected and required. Should the minimum employee pay rate fall below the Federal or State minimum wage, the contractor shall notify the County so that compensation is commensurate with all wage practices. 10. Overtime: Provide overtime payment for any hours worked in excess of forty (40) hours per week by the same employee at the request of the County. Hours worked on weekends will be treated as straight time unless they are in excess of a forty (40) hour work week. All hours worked in excess of a forty (40) hour work week that are considered overtime will be paid at one and a-half (1.5) times the agreed upon employee's hourly rate of pay. 11. Submit invoices on all contract workers, including, but not limited to: • The Division that the worker is assigned and the purchase order number, • The name of the worker and the employee hourly rate, • Signed and approved time sheet/card with number of hours worked by the employee during a date range (i.e. week, month, etc.) • Must receive preapproval from County designee for overtime, • The contractor mark-up, and • Total cost assessed to the County. 12. Contracted labor, with the County, is at will unless otherwise stated in a written agreement signed by the Board of County Commissioners. This means that either the County or the contracted laborer can terminate the employment at any time and for any reason, with or without notice. 13. Contract Transition Plan: As the County currently has existing temporary labor services under contract with existing laborers, new potential contractors shall be required to accommodate a transfer of those laborers which the County deems necessary at an hourly rate (to the laborer) equal to or above their current hourly rate. This shall NOT affect incoming or new laborers, only existing, transition laborers previously working under contract 12-5846. 14. Provide five (5) references from 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). 15. Buy Out/Purchase: If the contract laborer is offered and accepts a position with the County, there shall be no requirement of the County to "buy out" or purchase any remaining contractual term between the contract laborer and the employing agency. Award Criteria ITB award criteria is as follows: • All questions on the Bid document shall be answered as to price(s), time requirements, and required document submissions. ITB 16-6545 7 ITB Template_10152015 Packet Page-2404- 4/26/2016 16.E.8. • 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 Division 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 responsive vendor(s) in accordance with the following methodology: ✓ Award per lowest contractor percent markup. ✓ The County intends to award on a primary and secondary basis as determined by the lowest responsive bidder who provides the most advantageous mark-up to the County. ✓ The contract will be in the form of a standard County Purchase Order. • To be deemed a responsive bidder the vendor must fully and properly complete and submit all the documents identified in this solicitation by the deadline. Term of Contract The contract term, if an award(s) is/are made is intended to be for two (2) years with two (2) one (1) year renewal options.. The percentage mark-up shall remain firm for the initial term of this contract. Requests for consideration of a percentage adjustment must be made prior to the contract anniversary date, in writing, to the Procurement Director. Percentage mark-up/down 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 December 28, 2015 Last Date for Receipt of Written Questions December 31, 2015, 4:00 PM, Naples Local Time Addendum Issued Resulting from Written Questions TBD Solicitation Deadline Date and Time January 8, 2016, 2:30 PM, Naples Local Time Anticipated Evaluation of Submittals January 2016 Anticipated Board of County Commissioner's Contract February 2016 Approval Date 8 ITB 16-6545 ITB Template_10152015 Packet Page -2405- 4/26/2016 16.E.8. Vendor Required Documents • 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 ITB 16-6545 ITB Template_10152015 9 Packet Page -2406- 4/26/2016 16.E.8. 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 a percentage mark-up using the unit of measured specified by the County. All percentages 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. Equal product samples, if required for evaluation, and at no cost to the County, must be submitted with Bid. Unless otherwise directed in the solicitation, the bid will not be considered unless samples are delivered to specified address by bid due date. The County shall be sole judge of equality or similarity, and its decision shall be final in the best interest. ITB 16-6545 10 ITB Template_10152015 Packet Page -2407- 4/26/2016 16.E.8. 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 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: www.colliergov.net/bid. 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 For electronic submissions... All electronic bids shall be submitted online via the Collier County Purchasing Department Online Bidding System: www.colliergov.net/bid. For paper submissions... 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, mishandling, 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) flash drive with one copy of the proposal on the flash drive 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. ITB 16-6545 ITB Template_10152015 11 Packet Page -2408- 4/26/2016 16.E.8. 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: www.colliergov.net/bid. 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. 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. 12 ITB 16-6545 ITB Template_10152015 Packet Page -2409- 4/26/2016 16.E.8. 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 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 in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. ITB 16-6545 ITB Template_10152015 13 Packet Page -2410- 4/26/2016 16.E.8. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Vendors/ Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the BidderNendor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's/vendor's proposal may be deemed non-responsive. Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et 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. 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 (Florida 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 (www.sunbiz.orq/search.html) 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 14 ITB 16-6545 ITB Template_10152015 Packet Page -2411- 4/26/2016 16.E.8. 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. 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. ITB 16-6545 ITB Template_10152015 15 Packet Page -2412- 4/26/2016 16.E.8. Exhibit III: 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. 16 ITB 16-6545 ITB Template_10152015 Packet Page -2413- 4/26/2016 16.E.8. 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 ITB 16-6545 ITB Template_10152015 17 Packet Page-2414- 4/26/2016 16.E.8. 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 /or 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 for breach by VENDOR of the terms and 18 ITB 16-6545 ITB Template_10152015 Packet Page -2415- 4/26/2016 16.E.8. 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. 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. 5. 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. 6. Environmental Health and Safety All Vendors and Sub vendors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-of-way for the purpose of inspection of any Vendor's work operations. This provision is non-negotiable by any department and/or Vendor. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. ITB 16-6545 ITB Template_10152015 19 Packet Page -2416- 4/26/2016 16.E.8. 7. Florida Wood Products The Vendor/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. 8. 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. 9. 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. 10. 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. 11. 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. 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. ITB 16-6545 20 ITB Template_10152015 Packet Page -2417- 4/26/2016 16.E.8. 12. 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. 13. 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: bccapclerk(c�collierclerk.com. Collier County, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. Payment methods include: • Traditional—payment by check, wire transfer or other cash equivalent. • Standard —payment by purchasing card. Collier County's Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. 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. ITB 16-6545 ITB Template_10152015 21 Packet Page -2418- 4/26/2016 16.E.8. 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. 14. Survivability Purchase Orders: The Vendor agrees that any Purchase Order that extends beyond the expiration date of the original Solicitation 16-6545 will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Purchase Order. 15. 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 ITB 16-6545 22 ITB Template_10152015 Packet Page -2419- 4/26/2016 16.E.8. 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. 15. 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: www.colliergov.net/purchasinq. 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. 16. Security and Background Checks ITB 16-6545 ITB Template_10152015 23 Packet Page -2420- 4/26/2016 16.E.8. If required, Vendor/Contractor/ Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department, and drug testing for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 17.The resultant contract(s) may include purchase or work orders issued under one, or any combination of price methodologies by the County's project manager: a. Lump Sum (Fixed Price): a firm fixed total price offering, inclusive of all labor and material costs required for a project; the risks are transferred from the County to the contractor even if unforeseen conditions are discovered; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contracted, and invoiced, amount is authorized. b. Time and Materials: the County agrees to pay the contractor for the actual amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate) and for materials and equipment used in the project (cost of materials plus the contractor's allowed mark up). Invoices must demonstrate contractor and subcontractor hours. Invoices for materials (greater than $500) and/or equipment (greater than $500) used in the completion of the project must be presented to the County prior to final payment. Invoices for materials and/or equipment up to $500 may be labeled "miscellaneous supplies or equipment" and will not need to be presented during the payment process. c. Unit Price: A firm total fixed price for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units procured (no contractor inventory or cost verification required). ITB 16-6545 24 ITB Template_10152015 Packet Page -2421- 4/26/2016 16.E.8. Co er County Administrative Services Department Procurement Services Division Attachment 1: Vendor Submittal -Vendor's Non-Response Statement The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons why prospective Vendors did not wish to respond to this ITB. If your firm is not responding to this ITB, please indicate the reason(s) by checking any appropriate item(s) listed below and return this form via email or fax to the Procurement Strategist listed on the first page or mail to: Collier County Purchasing Department, 3327 Tamiami Trail East, Naples, Florida 34112. We are not responding to this ITB for the following reason(s): Solicitation: 16-6545 Contract Laborers ❑ Services requested not available through our company. ❑ Our firm could not meet specifications/scope of work. ❑ Specifications/scope of work not clearly understood (too vague, rigid, etc.) Project is too small. n Insufficient time allowed for preparation of response. I I Incorrect address used. Please correct mailing address: Li Other reason(s): Firm's Complete Legal Name Address City, State, Zip Telephone Number FAX Number Signature/Title Type Name of Signature Date: ITB 16-6545 ITB Template_10152015 25 Packet Page -2422- 4/26/2016 16.E.8. ITB 16-6545 26 ITB Template_10152015 Packet Page -2423- 4/26/2016 16.E.8. Coiner County Administrative Services Department Procurement Services Division 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: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. 8. Addendum have been signed and included, if applicable. 9. Affidavit for Claiming Status as a Local Business, if applicable. 10. Immigration Affidavit and company's E-Verify profile page or memorandum of understanding. 11. Copies of licenses, equipment lists, subcontractors or any other information as noted in this ITB. 12. 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: • Solicitation: 16-6545 Contract Laborers • Opening Date: January 8, 2016 13. 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.) 14. If 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. Company Name Signature &Title Date ITB 16-6545 ITB Template_10152015 27 Packet Page -2424- 4/26/2016 16.E.8. er,(., Cower County Administrative Services Department Procurement Services Daision Attachment 3: Vendor Submittal - Bid Response Form FROM: Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: Solicitation: 16-6545 Contract Laborers 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 comply with the requirements in full and in accordance with the terms, conditions and specifications denoted herein. The Vendor agrees to provide the following: * * * 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: % Days; Net_Days n Bid Response Form is electronic. Please input your prices online. ❑ Bid Response is as follows: 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. ITB 16-6545 28 ITB Template_10152015 Packet Page -2425- 4/26/2016 16.E.8. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of , 20 in the County of , in the State of Firm's Complete Legal Name Address City, State, Zip Florida Certificate of Authority Document Number Federal Tax Identification Number CCR#or CAGE Code Telephone Number FAX Number Signature/Title Type Name of Signature Date 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 ITB 16-6545 ITB Template_10152015 29 Packet Page -2426- 4/26/2016 16.E.8. Co tier County Administrative Services Department Procurement Services Division Attachment 4: Vendor Submittal — Local Vendor Preference Affidavit Solicitation: 16-6545 Contract Laborers (Check Appropriate Boxes Below) State of Florida(Select County if Vendor is described as a Local Business ❑ Collier County ❑ Lee County Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy: 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 section. Vendor must complete the following information: Year Business Established in ❑Collier County or❑ Lee County: Number of Employees (Including Owner(s)or Corporate Officers): Number of Employees Living in ❑ Collier County or❑ Lee (Including Owner(s)or Corporate Officers): If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable. Vendor Name: Date: Address in Collier or Lee County: Signature: Title: STATE OF FLORIDA ❑ COLLIER COUNTY ❑ LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this Day of , 20 Notary Public My Commission Expires: (AFFIX OFFICIAL SEAL) ITB 16-6545 30 ITB Template_10152015 Packet Page -2427- 4/26/2016 16.E.8. Co ler County Administrative Services Department Procurement Services Division Attachment 5: Vendor Submittal—Immigration Affidavit Solicitation: 16-6545 Contract Laborers This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's)and Request for Proposals (RFP)submittals. Further, Vendors/ Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program, may deem the Vendor/ Bidder's proposal as non-responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e)of the Immigration and Nationality Act("INA"). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A(e)of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s))and agrees to comply with the provisions of the Memorandum of Understanding with E- Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's/Bidder's proposal. Company Name Print Name Title Signature Date State of County of The foregoing instrument was signed and acknowledged before me this day of 20 by who has produced as identification. (Print or Type Name) (Type of Identification and Number) Notary Public Signature Printed Name of Notary Public Notary Commission Number/Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. ITB 16-6545 ITB Template_10152015 31 Packet Page -2428- 4/26/2016 16.E.8. Go[[Yer Cointy Administrative Services Department Procurement Services Division 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 (as shown on income tax return) Business Name (if different from taxpayer name) Address City State Zip Telephone FAX Email Order Information Remit/Payment Information Address Address City State Zip City, State Zip FAX FAX Email Email 2. Company Status (check only one) Individual/Sole Proprietor _Corporation __Partnership _Tax Exempt(Federal income tax-exempt entity _Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c)3) Enter the tax classification (D=Disregarded Entity, C=Corporation, P=Partnership) 3. Taxpayer Identification Number(for tax reporting purposes only) Federal Tax Identification Number(TIN) (Vendors who do not have a TIN,will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. Signature Date Title Phone Number ITB 16-6545 32 ITB Template_10152015 Packet Page -2429- 4/26/2016 16.E.8. Cote"-County Administrative Services Department Procurement Services Division 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 $1,000,000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current $1,000,000 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 ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys'fees and paralegals'fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. 4. ®Automobile Liability $ 1,000,000 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 $1,000,000 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 ITB 16-6545 ITB Template_10152015 33 Packet Page -2430- 4/26/2016 16.E.8. 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. GG for Jeff Walker 12/10/2015 Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm Date Vendor Signature Print Name Insurance Agency Agent Name Telephone Number 34 ITB 16-6545 ITB Template_10152015 Packet Page -2431- 4/26/2016 16.E.8. ,, oeV -o v a m 'o m . a� E� � L..2 U y V R U G N Tis 1.1) o o a) N N N C ♦R N N N CO CO a. a' W J I- a _ III 0 'c u m e o e o CO en o E co- p Co W 01 o c 1•U o o 0 a t o v p CO V d t u°i in 'm m a.- arc v v o 0 E Z • 5 Y M M z z I- co ti to a aa . . a 'O 0 m m m o ca 0 Z G M Z ti a.3 ce C 4. N co '_6 73 to p E M 0 0 10 .-. O N O O C N aJ z Z z E V • O CO J . 0 a. 0 a S o to E o o o o In V. 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AGREEMENTI6-6545 for Contract Laborers THIS AGREEMENT, made and entered into on this day of 2016, by and between Balance Professional, Inc., authorized to do business in the State of Florida, whose business address is 800 E. Cypress Creek Rd., Suite #300, Ft. Lauderdale, FL 33334, (the "Primary Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a two (2) year period, commencing on Date of Board award and terminating on two (2) year(s) from that date or until all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed or terminated. The Primary Contractor shall commence the services upon issuance of a Purchase order from the County. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten(10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Primary Contractor shall provide temporary/short term contract laborers for various Divisions within Collier County Government in accordance with the terms and conditions of ITB #16-6545, and the Contractor's proposal referred to herein and made an integral part of this Agreement. The Primary Contractor shall provide the County with a quote for each laborer assigned that includes a resume, brief description of assignment, the category selected, the employee hourly rate and the contractor's mark-up within three (3) days of the County's request. Page 1 of 12 0 Packet Page -2434- 4/26/2016 16.E.8. If the Primary Contractor is unable to provide the laborer, the County will contact the Secondary Contractor. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement pursuant to Exhibit A - Time and Material Fee Schedule, and the price methodology as defined in Section 3.1. 3.1 Price Methodology: Time and Materials: the County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's mark-up). As a general business practice, these contracts include back-up documentation of costs;invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. 3.2 Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager or his designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act." 3.3 Any County agency may use the services under this Agreement, provided sufficient funds are included in their budget(s). 3.4 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 4. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes,Certificate of Exemption# 85-8015966531C-2. 0 Page 2 of 12 Packet Page -2435- 4/26/2016 16.E.8. 5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Balance Professional, Inc. 800 E. Cypress Creek Rd. Suite #300 Ft. Lauderdale, FL 33334 Attn: Robert Feinstein,President Telephone: 954-772-4888 Facsimile: 815-301-2884 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Procurement Services Division 3327 Tamiami Trail, East Naples, Florida 34112 Attention:Joanne Markiewicz, Director, Procurement Services Division Telephone: 239-252-8407 Facsimile: 239-252-6480 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 8. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive Paae3of12 e Packet Page -2436- 4/26/2016 16.E.8. purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 10. NO DISCRIMINATION.The Contractor agrees that there shall be no discrimination as to race, sex,color,creed or national origin. 11. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Page 4of12 CO Packet Page-2437- 4/26/2016 16.E.8. D. Professional Liability: Shall be maintained by the Contractor to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. Contractor waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $1,000,000 each claim and in the aggregate. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: ten (10) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty- four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Consultant from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor 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, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 12.1 The duty to defend under this Article 12 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 12 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party Page 5 2 .� Packet Page e --2438- �a� 0 4/26/2016 16.E.8. for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Division. 14. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), Exhibit A - Time and Material Fee Schedule, Exhibit B-Scope of Services and ITB #16-6545. 16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 18. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes), and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. §119.0701(2)(a)-(d) and (3) as stated as follows: (2) In addition to other contract requirements provided by law, each public agency contract for services must include a provision that requires the contractor to comply with public records laws, specifically to: Page 6of12 Packet Page -2439- 4/26/2016 16.E.8. (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. (3) If a contractor does not comply with a public records request, the public agency shall enforce the contract provisions in accordance with the contract. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful proposer. 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 21. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by Page 7of12 Packet Page -2440- • 4/26/2016 16.E.8. County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 23. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 24. KEY PERSONNEL AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete the services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service dates. The Contractor shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/or experience. (2) That the County is notified in writing as far in advance as possible. The Contractor shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. 25. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the ITB, the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. 26. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. Page 8of12 Packet Page-2441- O 4/26/2016 16.E.8. IN WITNESS WHEREOF, the parties hereto,have each,respectively,by an authorized person or agent,have executed this Agreement on the date and year first written above. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY,FLORIDA Dwight E. Brock,Clerk of Courts By: By: Donna Fiala,Chairman Dated: (SEAL) Balance Professional, Inc. Primary Contractor By: First Witness Signature TType/print witness nameT TType/print signature and titlet Second Witness l'Type/print witness nameT Approved as i• ' .;q; . .. egality: Ur.* MUMMAr Ls 1 Y Print ■ ∎ Page 9 of 12 Packet Page-2442- €0 4/26/2016 16.E.8. Exhibit A-Time and Material Fee Schedule 16-6545 "Contract Laborers" Categories Employee Hourly Percentage Mark- Pay Rate up 1: Unskilled Laborers $8-12 per hour 31.5% 2: Semi Skilled Laborers $10-14 per hour 31.5% 3: Skilled Laborers $14-20 per hour 31.5% 4: Specialty Skilled Personnel $14-26 per hour 31.5% 1. The Contractor shall provide the County with a quote for each laborer assigned that includes a resume, brief description of assignment, the category selected, the employee hourly rate and the contractor's mark-up. 2. Overtime: The Contractor shall provide overtime payment for any hours worked in excess of forty (40) hours per week by the same employee at the request of the County. Hours worked on weekends will be treated as straight time unless they are in excess of a forty (40) hour work week. All hours worked in excess of a forty (40) hour work week that are considered overtime will be paid at one and a-half (1.5) times the agreed upon employee's hourly rate of pay. 3. Submit invoices on all contract workers,including,but not limited to: • The Division that the worker is assigned and the purchase order number; • The name of the worker and the employee hourly rate; • Signed and approved time sheet/card with number of hours worked by the employee during a date range (i.e. week,month, etc.); • Must receive preapproval from County designee for overtime; • The contractor mark-up, and; • Total cost assessed to the County. 4. Contractor's mark-up for each category shall remain fixed for the duration of the contract. Page 10 of 12 Packet Page -2443- 4/26/2016 16.E.8. Exhibit B - Scope of Services 16-6545"Contract Laborers" Contractor shall provide temporary laborers for various Collier County Divisions with the following minimum requirements: 1. Provide laborers to interview for County positions within three business days from contact with the County's project manager. The County may ask for as many interviewees from the contractor as it takes to satisfy management. 2. Provide laborers according to the following categories and employees hourly pay rates described in Exhibit A: • Category 1: Unskilled Laborers Defined as a segment of the work force associated with a low skill level or a limited economic value for the work performed. Unskilled labor is generally characterized by low education levels and small wages. Work that requires no specific education or experience is often available to workers who fall into the unskilled labor force Anticipated duties may include menial or repetitive tasks, and may include, but not be limited to: landscaping work, digging, shoveling, spading, raking, excavation, furniture and/or equipment moving, pressure washing and other various duties as assigned by the County. • Category 2: Semi Skilled Laborers Defined as a segment of the work force that has, or requires, less training than a skilled laborer and more training than that of the unskilled laborers. Semi- Skilled Laborers are typically used for jobs of a strenuous nature, and/or may require using power tools but not to the degree of a skilled laborer. Additionally, this may include, but not limited to: office positions such as data entry,file scanning, and basic clerical work. • Category 3: Skilled Laborers Defined as a segment of the workforce that has some special skill / expertise, knowledge, acquired ability in their work and who may be able to diagnose and correct a problem. For example: • Manual Skilled Laborers (including, but not limited to: carpenters, electricians, painters, plumbers). • Operations Skilled Laborers (including, but not limited to: building automation technicians, Operations Coordinators, Tram Services, and Administrative Assistants). Page 11 of 12 Packet Page-2444- 0 4/26/2016 16.E.8. • Category 4: Specialty Skilled Personnel Defined as a segment of the workforce that has specialized training, education or licensure, and has the ability to independently work in specialized areas, including, but not limited to: County interns, CAD Technicians or Drafters, Project Managers, General Building Surveying, other Management Services, or any other skill or skilled position the County deems appropriate under this category. 3. Supply competent laborers who are capable of performing their employment duties. Laborers shall be neat, clean, well-groomed and courteous, and shall be fully dressed including shirt and shoes. Laborers must conform with CMA 5309, "Appearance.and Personal Hygiene". The County may, at their discretion, provide uniforms to the laborers at no cost to the Contractor or laborers. 4. Provide laborers who shall be capable of verbally receiving and understanding instructions in English. 5. Ensure that all contract worker provided to the County have fully executed and complete fingerprint background checks and drug screening prior to starting work at the County,in accordance to County Ordinance 2004-52, as amended. 6. Register with the Division of Homeland's Security E-verify system, and document that each contract worker has been screened through this system. 7. Comply, both the contractor and contract workers, with all applicable regulations of the County, the State and the Federal government; full cooperation is expected and required. Should the minimum employee pay rate fall below the Federal or State minimum wage, the contractor shall notify the County so that compensation is commensurate with all wage practices. 8. Contracted labor, with the County, is at will unless otherwise stated in a written agreement signed by the Board of County Commissioners. This means that either the County or the contracted laborer can terminate the employment at any time and for any reason,with or without notice. 9. Contract Transition Plan: As the County currently has existing temporary labor services under contract with existing laborers, new potential contractors shall be required to accommodate a transfer of those laborers which the County deems necessary at an hourly rate (to the laborer) equal to or above their current hourly rate. This shall NOT affect incoming or new laborers, only existing, transition laborers previously working under contract 12-5846. 10. Buy Out/Purchase: If the contract laborer is offered and accepts a position with the County, there shall be no requirement of the County to "buy out" or purchase any remaining contractual term between the contract laborer and the employing agency. Page 12 of 12 Packet Page -2445- 4/26/2016 16.E.8. AGREEMENT16-6545 for Contract Laborers THIS AGREEMENT, made and entered into on this day of 2016, by and between TRP Partners LLC, authorized to do business in the State of Florida, whose business address is 3960 Radio Road, Suite #105, Naples, FL 34104, (the "Secondary Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a two (2) year period, commencing on Date of Board award and terminating on two (2) year(s) from that date or until all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed or terminated. The Primary Contractor shall commence the services upon issuance of a Purchase order from the County. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten(10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Primary Contractor shall provide temporary/short term contract laborers for various Divisions within Collier County Government in accordance with the terms and conditions of ITB #16-6545, and the Contractor's proposal referred to herein and made an integral part of this Agreement. The Primary Contractor shall provide the County with a quote for each laborer assigned that includes a resume, brief description of assignment, the category selected, the employee hourly rate and the contractor's mark-up within three (3) days of the County's request. Page 1 of 12 Packet Page -2446- 4/26/2016 16.E.8. If the Primary Contractor is unable to provide the laborer, the County will contact the Secondary Contractor. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement pursuant to Exhibit A - Time and Material Fee Schedule, and the price methodology as defined in Section 3.1. 3.1 Price Methodology: Time and Materials: the County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's mark-up). As a general business practice, these contracts include back-up documentation of costs;invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. 3.2 Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager or his designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act." 3.3 Any County agency may use the services under this Agreement, provided sufficient funds are included in their budget(s). 3.4 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 4. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption# 85-8015966531C-2. CAO Page 2 of 12 Packet Page -2447- 4/26/2016 16.E.8. 5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: TRP Partners LLC 3960 Radio Road,Suite#105 Naples, FL 34104 Attn: Melea Allen, Branch Manager Telephone: 239-580-6940 Facsimile: 239-580-6906 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Procurement Services Division 3327 Tamiami Trail, East Naples, Florida 34112 Attention: Joanne Markiewicz, Director, Procurement Services Division Telephone: 239-252-8407 Facsimile: 239-252-6480 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 8. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive Page 3 of 12 Packet Page-2448- 4/26/2016 16.E.8. n or municipal fan federal, state, county purpose, or for any purpose in violation of any �' ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 10. NO DISCRIMINATION.The Contractor agrees that there shall be no discrimination as to race, sex,color,creed or national origin. 11. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. 0 Page 4 of 12 Packet Page -2449- 4/26/2016 16.E.8. D. Professional Liability: Shall be maintained by the Contractor to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. Contractor waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $1,000,000 each claim and in the aggregate. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: ten (10) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty- four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Consultant from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor 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, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 12.1 The duty to defend under this Article 12 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 12 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party 40 Page 5 of 12 Packet Page -2450- 4/26/2016 16.E.8. for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Division. 14. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), Exhibit A - Time and Material Fee Schedule, Exhibit B -Scope of Services and ITB #16-6545. 16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 18. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes), and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(d) and (3) as stated as follows: (2) In addition to other contract requirements provided by law, each public agency contract for services must include a provision that requires the contractor to comply with public records laws, specifically to: Page 6 of 12 Packet Page-2451- 4/26/2016 16.E.8. (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. (3) If a contractor does not comply with a public records request, the public agency shall enforce the contract provisions in accordance with the contract. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful proposer. 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 21. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by el Page 7 of 12 Packet Page -2452- 4/26/2016 16.E.8. County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102,Fla. Stat. 23. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 24. KEY PERSONNEL AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete the services on a timely basis, and each person assigned shall be available for an amount of • time adequate to meet the required service dates. The Contractor shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/or experience. (2) That the County is notified in writing as far in advance as possible. The Contractor shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. 25. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the ITB, the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. 26. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. * * * * * Page 8 of 12 Packet Page -2453- 4/26/2016 16.E.8. IN WITNESS WHEREOF,the parties hereto,have each,respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk of Courts By: By: Donna Fiala, Chairman Dated: (SEAL) TRP Partners LLC Secondary Contractor By: First Witness Signature TType/print witness nameT TType/print signature and titlel' Second Witness TType/print witness nameT Approve• a1s to .;4r,d -. egality:if C•„ ,,,,,t• ey nt a r�• Page 9 of 12 0 Packet Page -2454- 4/26/2016 16.E.8. Exhibit A-Time and Material Fee Schedule 16-6545 "Contract Laborers" Categories Employee Hourly Percentage Mark- Pay Rate up 1: Unskilled Laborers $8 -12 per hour 32% 2: Semi Skilled Laborers $10-14 per hour 32% 3: Skilled Laborers $14-20 per hour 32% 4: Specialty Skilled Personnel $14-26 per hour 32% 1. The Contractor shall provide the County with a quote for each laborer assigned that includes a resume,brief description of assignment, the category selected, the employee hourly rate and the contractor's mark-up. 2. Overtime: The Contractor shall provide overtime payment for any hours worked in excess of forty (40) hours per week by the same employee at the request of the County. Hours worked on weekends will be treated as straight time unless they are in excess of a forty (40) hour work week. All hours worked in excess of a forty (40) hour work week that are considered overtime will be paid at one and a-half (1.5) times the agreed upon employee's hourly rate of pay. 3. Submit invoices on all contract workers, including,but not limited to: • The Division that the worker is assigned and the purchase order number; • The name of the worker and the employee hourly rate; • Signed and approved time sheet/card with number of hours worked by the employee during a date range (i.e. week,month, etc.); • Must receive preapproval from County designee for overtime; • The contractor mark-up, and; • Total cost assessed to the County. 4. Contractor's mark-up for each category shall remain fixed for the duration of the contract. Page 10 of 12 Packet Page -2455- 4/26/2016 16.E.8. Exhibit B - Scope of Services 16-6545 "Contract Laborers" Contractor shall provide temporary laborers for various Collier County Divisions with the following minimum requirements: 1. Provide laborers to interview for County positions within three business days from contact with the County's project manager. The County may ask for as many interviewees from the contractor as it takes to satisfy management. 2. Provide laborers according to the following categories and employees hourly pay rates described in Exhibit A: • Category 1: Unskilled Laborers Defined as a segment of the work force associated with a low skill level or a limited economic value for the work performed. Unskilled labor is generally characterized by low education levels and small wages. Work that requires no specific education or experience is often available to workers who fall into the unskilled labor force Anticipated duties may include menial or repetitive tasks, and may include, but not be limited to: landscaping work, digging, shoveling, spading, raking, excavation, furniture and/or equipment moving, pressure washing and other various duties as assigned by the County. • Category 2: Semi Skilled Laborers Defined as a segment of the work force that has, or requires, less training than a skilled laborer and more training than that of the unskilled laborers. Semi- Skilled Laborers are typically used for jobs of a strenuous nature, and/or may require using power tools but not to the degree of a skilled laborer. Additionally, this may include, but not limited to: office positions such as data entry, file scanning, and basic clerical work. • Category 3: Skilled Laborers Defined as a segment of the workforce that has some special skill / expertise, knowledge, acquired ability in their work and who may be able to diagnose and correct a problem. For example: • Manual Skilled Laborers (including, but not limited to: carpenters, electricians, painters,plumbers). • Operations Skilled Laborers (including, but not limited to: building automation technicians, Operations Coordinators, Tram Services, and Administrative Assistants). Page 11 of 12 0 Packet Page -2456- 4/26/2016 16.E.8. • Category 4: Specialty Skilled Personnel Defined as a segment of the workforce that has specialized training, education or licensure, and has the ability to independently work in specialized areas, including, but not limited to: County interns, CAD Technicians or Drafters, Project Managers, General Building Surveying, other Management Services, or any other skill or skilled position the County deems appropriate under this category. 3. Supply competent laborers who are capable of performing their employment duties. Laborers shall be neat, clean, well-groomed and courteous, and shall be fully dressed including shirt and shoes. Laborers must conform with CMA 5309, "Appearance and Personal Hygiene". The County may, at their discretion, provide uniforms to the laborers at no cost to the Contractor or laborers. 4. Provide laborers who shall be capable of verbally receiving and understanding instructions in English. 5. Ensure that all contract worker provided to the County have fully executed and complete fingerprint background checks and drug screening prior to starting work at the County,in accordance to County Ordinance 2004-52, as amended. 6. Register with the Division of Homeland's Security E-verify system, and document that each contract worker has been screened through this system. 7. Comply, both the contractor and contract workers, with all applicable regulations of the County, the State and the Federal government; full cooperation is expected and required. Should the minimum employee pay rate fall below the Federal or State minimum wage, the contractor shall notify the County so that compensation is commensurate with all wage practices. 8. Contracted labor, with the County, is at will unless otherwise stated in a written agreement signed by the Board of County Commissioners. This means that either the County or the contracted laborer can terminate the employment at any time and for any reason, with or without notice. 9. Contract Transition Plan: As the County currently has existing temporary labor services under contract with existing laborers, new potential contractors shall be required to accommodate a transfer of those laborers which the County deems necessary at an hourly rate (to the laborer) equal to or above their current hourly rate. This shall NOT affect incoming or new laborers, only existing, transition laborers previously working under contract 12-5846. 10. Buy Out/Purchase: If the contract laborer is offered and accepts a position with the County, there shall be no requirement of the County to "buy out" or purchase any remaining contractual term between the contract laborer and the employing agency. Page 12 of 12 Packet Page -2457-