Agenda 09/13/2016 R Item #16E 5 1 6.E.5
09/13/2016
EXECUTIVE SUMMARY
Recommendation to award Invitation to Bid 16-6698 Pest Control — Facilities Management
Division, to Truly Nolen of America, Inc., and for the Board to approve Agreement 16-6698 with
Truly Nolen of America,Inc.
OBJECTIVE: To provide pest control services to Collier County Sites.
CONSIDERATIONS: Collier County has over one hundred forty (140) designated locations for which
pest control services are provided monthly. Collier County Facilities Management Division sought the
services of a qualified pest control company to furnish all necessary labor, tools, equipment, supplies,
maintenance, and any other necessary accessories or services to perform the routine and call-back pest
control services specified for Collier County Sites. Routine pest control services include interior and
exterior spraying, site specific extermination treatments, call-back services, and exclusion
recommendations.
Notices of the solicitation were emailed to 177 companies, 30 companies downloaded bid packages, and
two (2) firms submitted bids by the August 12, 2016 deadline. The results of the bid tabulation are as
follows:
Vendor Monthly Cost Annual Cost
Truly Nolen of America,Inc. $12,085 $145,020
TNT $22,015 $264,180
After review, County Staff is recommending that ITB 16-6698 be awarded to the lowest, responsive
bidder,Truly Nolen of America,Inc.
All work will be issued and performed through the use of standard County Purchase Orders. The
proposed agreement is a one (1) year term, with the County having the right to renew for three additional
one year periods. The primary payment vehicle for this routine maintenance is a fixed unit based pricing,
with the County having the ability to utilize either lump sum payments or time and material cost
payments for unanticipated additional services, such as, termites, rodent exclusion services, spider
fumigation, etc.
In order to ensure that these services continue to offer the lowest costs to the County, while the County
intends to use the contractor awarded this solicitation, the County reserves the right at any time to use
other contractors for the services described by requesting additional quotes or bids from other contractors.
FISCAL IMPACT: The expected annual costs of this Agreement, for the 144 Collier County Sites is
approximately $146,000. This amount will increase should other facilities be added to the County during
the course of this agreement. Other County Departments/Divisions may use this contract based on their
available budgeted funds.The source of funds is the Unincorporated General Fund.
GROWTH MANAGEMENT IMPACT: There are no Growth Management Impacts associated with
this action.
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
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16.E.5
09/13/2016
RECOMMENDATION: That the Board of County Commissioners awards ITB# 16-6698, Pest Control
- Facilities Management Division, to Truly Nolen of America, Inc. and for the Board to approve
Agreement 16-6698 with Truly Nolen of America,Inc.
Prepared by: Megan Gaillard, Internal Controls Manager,Facilities Management Division
ATTACHMENT(S)
1. 16-6698 Bid Tabulation(PDF)
2. Invitation to Bid 16-6698 Pest Control (DOCX)
3. 16-6698 Pest Control Agreement (PDF)
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16.E.5
09/13/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.5
Item Summary: Recommendation to award Invitation to Bid 16-6698 Pest Control — Facilities
Management Division,to Truly Nolen of America,Inc.,and for the Board to approve Agreement 16-6698
with Truly Nolen of America, Inc.
Meeting Date: 09/13/2016
Prepared by:
Title: Manager-Internal Controls—Facilities Management
Name: Megan Gaillard
08/16/2016 8:17 PM
Submitted by:
Title: Division Director-Facilities Mgmt—Facilities Management
Name: Dennis Linguidi
08/16/2016 8:17 PM
Approved By:
Review:
Facilities Management Dennis Linguidi Level 1 Add Division Reviewer Completed 08/17/2016 8:10 AM
Procurement Services Lissett DeLaRosa Level 1 Purchasing Gatekeeper Completed 08/17/2016 10:38 AM
Administrative Services Department Pat Pochopin Level 1 Division Reviewer Completed 08/17/2016 10:59 AM
Procurement Services Sandra Herrera Level 1 Purchasing Reviewer 1-4 Completed 08/17/2016 11:07 AM
Procurement Services Allison Kearns Level 1 Purchasing Reviewer 1-4 Completed 08/17/2016 8:11 PM
Procurement Services Rhonda Burns Level 1 Purchasing Reviewer 1-4 Completed 08/18/2016 9:01 AM
County Attorney's Office Jeffrey A.Klatzkow Level 2 Attorney Review Completed 08/18/2016 11:27 AM
Administrative Services Department Len Price Level 2 Division Administrator Review Completed 08/18/2016 4:10 PM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 08/18/2016 4:20 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/22/2016 4:23 PM
Office of Management and Budget Laura Wells Level 3 OMB 1st Reviewer 1-4 Completed 08/23/2016 9:09 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 08/28/2016 10:37 AM
Board of County Commissioners MaryJo Brock Meeting Pending 09/13/2016 9:00 AM
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16.E.5.b
C.o((ieT County
Administrative Services Department
Procurement Services Division
INVITATION TO BID
Date: July 29, 2016
From: Rhonda Burns, FCCN, CPPB, Procurement Strategist
(239) 252-8941 (Telephone)
(239) 252-6700 (FAX) e`
RhondaBurns@colliergov.net (Email) 0
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To: Prospective Vendors o
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Subject: Solicitation: 16-6698 Pest Control a
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As requested by the Facilities Management Division, the Collier County Board of County ••
Commissioners Procurement Services Division has issued this ITB for the purpose of00
obtaining fair and competitive responses.
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Please refer to the Public Notice included in this document for the opening date and o
time and any applicable pre-ITB conference. (-)
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All questions regarding this ITB must be submitted online on the Collier County co
Procurement Services Division Online Bidding System website: www.colliergov.net/bid.
All responses to questions will be posted on the website with electronic notification to all ch
prospective vendors. 73
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We look forward to your participation in Collier County's competitive procurement c
process.
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cc: Megan Gaillard, Internal Controls Manager, Division of Facilities Management
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Note: All ITB responses submitted must include one (1) original labeled MASTER,
along with one (1) exact duplicate copies, including all required forms.
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#16-6698 Pest Control Services 1
ITB Template_06132016
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16.E.5.b
Invitation to Bid
Index
Public Notice 3
Exhibit I: Scope of Work, Specifications and Response Format 4
Exhibit III: Standard Purchase Order Terms and Conditions 20
Exhibit IV: Additional ITB Terms and Conditions 23
Florida Public Records Law Chapter 119, including specifically those contractual ms
requirements in 119.0701(2)(a)-(b) as follows. 24 0
Attachment 1: Vendor Submittal - Vendor's Non-Response Statement 31 c)
Attachment 2: Vendor's Check List 32 0
Attachment 3: Vendor Submittal - Bid Response Form 33 0
Attachment 4: Vendor Submittal — Local Vendor Preference Affidavit 35 N
Attachment 5: Vendor Submittal — Immigration Affidavit 36 a
Attachment 6: Vendor Substitute W — 9 37 a
Attachment 7: Vendor Submittal - Insurance and Bonding Requirements 39 a
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16.E.S.b
Caber County
Administrative Services Department
Procurement Services avision
Public Notice
Sealed bid responses for Solicitation 16-6698 Pest Control, will be received electronically or
manually only at the Collier County Government, Procurement Services Division, 3327 Tamiami
Trail E, Naples, FL 34112 until 2:30 PM, Collier County local time on August 12, 2016.
Solicitation responses received after the stated time and date will not be accepted. o
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Solicitation 16-6698 Pest Control
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All questions regarding this ITB must be submitted online on the Collier County Procurement
Services Division Online Bidding System website: www.colliergov.net/bid. All responses to a.
questions will be posted on the website with electronic notification to all prospective vendors.
raAll solicitation responses must be made on the official ITB response form included and only
available for download from the Collier County Procurement Services Division Online Bidding
System website noted herein. ITB Documents obtained from sources other than Collier 00
County Procurement Services Division 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, 0
disability or marital status.
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA 'm
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BY: /s/Allison Kearns o
Interim Director, Procurement Services Division
Publicly posted on the Collier County Procurement Services Division website:
www.colliergov.net/purchasinq and in the lobby of the Procurement Services Division Building a
on July 29, 2016. E
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ITB Tern plate_06132016
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16.E.5.b
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 Procurement Ordinance.
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Brief Description of Purchase
The County is responsible for maintaining Pest Control Services, in various owned and leased buildings
throughout Collier County. In order to maintain the integrity and insect/rodent free environment of these ci
facilities, the County intends to award a contract to perform:
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1. Monthly pest control services and control processes; and -a
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2. Site specific exterminations, as needed.
The County reserves the right to select one, or more than one Contractor, for a single service, or for
multiple services. Should the County award the services to two (2)or more Contractors, and one of theco
Contractor(s) consistently does not perform their assigned responsibilities, the County Representative
or designee retains the right and authority to reassign work to one of the other Contractors awarded so
as not to leave the facilities vulnerable or with infestations.
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Historically, the Facilities Management Division, Museum Division, Parks and Recreation Division, a
Traffic Operations Division, Fire Control District, and Public Utilities Department have spent, an co
average, of approximately$50,000 per year over the last three Fiscal Years with the highest expenditure
of approximately $68,000 in Fiscal Year 2015. It is anticipated, based on increased needs, that the
approximate annual spend will increase each Fiscal Year. This amount will be based on available
budgets by the County Departments and/or Divisions. 'm
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Detailed Scope of Work
It is the intent of the County that pest control services are completed monthly (interior and exterior) on
County owned and leased buildings to prevent infestations and address any insect or rodent issues;
therefore, the bidder's response time shall be a factor in the award of the bid. While the County intends
to use the Contractor(s) awarded as a part of this solicitation, the County reserves the right at any time
to use the awarded Contractors for the services described, however, if pricing seems unreasonable or E
if services are unavailable, the County reserves the right to request additional quotes (per the Board's
Purchasing Ordinance).
A qualified bidder will provide monthly services, call-backs, and specialized services, as needed, to
keep all County facilities insect and rodent free, including but not limited to: bees, wasps, hornets, etc.
by using an aggressive approach to the application and service, while maintaining and not impeding
County business or the individuals who use the facilities.
A qualified bidder will provide evidence of three(3) years of primary experience performing pest control
services on similar sized projects /accounts in Florida.
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An aggressive approach shall be defined, at a minimum, as three times per week for the initial week
then once a week for the next three weeks for a total of six services for four weeks.
Locations: Collier County has over one hundred fifty (150) designated locations for which service shall
be provided monthly. Collier County advises the Contractor(s) to visit each site prior to bidding.
Bidder(s) may also be required to use to the County's Work Management procedures, such as utilizing
work order forms or future online work order system, at no additional cost to the County or Contractor.
The Contractor will be responsible for utilizing any systems used by the County for work orders under
this Agreement.
All bidders must provide requested certifications and licenses necessary to perform the services
outlined in the bid specifications.
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The Contractor(s) shall use qualified technicians to complete all work in accordance with the o
requirements specified in the bid. Hourly time will be paid only for actual time at the worksite. Travel
time will not be an allowable item. Technician credentials may be requested by the County. 0
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MONTHLY REQUIRED SERVICES a
The awarded Contractor(s) will be responsible for providing the monthly pest control services and
additional treatments (as requested with no additional charge), including but not limited to:
• Control of common household pests, specifically ants, roaches, silverfish, firebrats, earwigs, `t
millipedes, centipedes, crickets, scorpions, spiders, fleas, ticks, bees, wasps, hornets, etc. N
• Apply interior supplies / chemicals to buildings, including but not limited to: offices, storage cci
rooms, mezzanines, attics, kitchens, basements, labs, kennels, locker rooms, bathrooms, etc.
• Special attention shall be paid to problem areas such as kitchens and bathrooms
o This requires monitoring and inquiry of building occupants 0
o Additional treatments, as needed
• Apply perimeter supplies / chemicals to the outside of the buildings which shall include but not a
be limited to: porches, windows, window frames, eaves, patios, doorways, refuse areas, decks, co
under decks, and anywhere pests congregate
• Control rats and/or mice, under and around the designated structures including the area
extending to a distance of fifteen (15) feet. Traps must be checked on a daily basis until the
condition is under control and less service is approved by the County Representative or m
designee. The County requests the following level of service: °
o Standard control for rats and/or mice is daily for 7 days from the reported incident then o
once per week for an additional three weeks (total service four weeks). Daily site visits
will be required initially for 7 days, but may be extended, at the discretion of the County
Representative or designee
o Deodorants, when are necessary, the Contractor(s) will provide them at no additional
charge and they will be utilized to overcome possible odors caused by rats and/or mice E
control operations. However, even with deodorants, every effort must be made to remove
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the source of the odor, when /where accessible t
ADDITIONAL SERVICES
From time to time additional services are needed. These services will be provided on a lump sum basis,
based upon quotes requested by the County Representative or designee. These services are
considered alternatives (the services are not a requirement of the contract, but may be incorporated if
the selected Contractor(s) can provide the services):
• Rodent exclusion services
• Trapping services (above and beyond standard rodent removal)
• Termite inspections and treatments, which shall be negotiated on an as needed basis
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o Any additional terms and conditions for termite services must be provided in conjunction
with this solicitation
o Entering, inspecting, and treating of specified structures must be performed to minimize
interference with the daily routine of County employees and individuals using the
facilities. The date and time of services must be mutually agreed upon by the County
Representative and the awarded Contractor(s)
• Spider and web fumigation, as needed
• Any and all other extermination services needed
Following the monthly pest control services and site inspections, a written report / check list will be
provided detailing the results of the inspection, services completed, and making specific
recommendations for future remedial actions, etc.
Typically, pest control services will be completed during normal business hours; however, the County
Representative or designee may request services during off-hours, as deemed necessary by the County o
Representative or designee. A surcharge may be allowed for off-hours, if necessary and first approved
in writing by the County Representative or designee.
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REQUEST FOR ADDITIONAL SERVICES a
• Repair Services Work (on-call, routine): The County Representative or designee will
provide a scope of work to be performed to the Contractor(s) and request that a "time and
materials"or"lump sum"quote be provided. The County expects that for on-call repair work,
the Contractor provides a price quote within a reasonable time (one to two business days)
from the point of initial contact, unless the requestor provides a longer deadline to receive the co
quote. Once a purchase order is issued,the County Representative or designee would expect
that the on-call service for pest control related services commence within two (2) business
days, unless otherwise directed by the County Representative or designee. In the event that c
the Contractor does not fulfill these response requirements, the County Representative or
designee reserves the right to contact other Contractor(s)to perform the scope of work. a
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• Emergency Services: The County Representative or designee will identify the needed
services for the life, health, safety or equipment/facility emergency and request that work be
completed as soon as reasonably practicable. The County Representative or designee may
direct the Contractor to commence work through a verbal direction, and a purchase order will
be issued to the Contractor as soon as possible.
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In each scope of work the County Representative or designee reserves the right to specify: the
period of completion; collection of deductions / fines or actual costs in the event of late
completion and/or non-compliant performance and/or vendor caused damages; and "lump sum"
or "time and material" pricing.
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• If"lump sum" quote is requested, the Contractor shall provide:
✓ A not-to-exceed total cost for the entire scope of work including a brief description of
the work to be completed;
V Lump Sum (fixed price) is a firm fixed total price offering for a project; the risks are
transferred from the County to the Contractor; and, as a business practice there are
no hourly or material invoices presented, rather, the Contractor must perform to the
satisfaction of the County's project manager or designee before payment for the fixed
price contract is authorized.
✓ Only a single lump sum quote is required, no itemized breakdown for the lump sum
quote will be required for quoting or payment purposes. No time and material quotes
will be accepted or required for quoting or payment. Actual invoices for materials,
subcontractors, mark-ups, etc.will not be required for payment purposes, as the lump
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16.E.5.b
sum quote does not require a breakdown of the quote or supporting documentation.
Timesheets and/or timecards will not be accepted or required for quoting or payment
purposes to support labor hours, as they are not required for a lump sum quote.
• If"time and material" quote is requested, the Contractor shall provide:
✓ The expected number of work hours by each position (and the hourly rate) and the
extended total,
✓ The breakdown of the cost for supplies, parts, and equipment used for the scope of
work; the Contractor must provide itemized documentation and receipts/invoices for
any supply, part, or piece of equipment billed in their invoice.
✓ If applicable, a mark-up of subcontractor's labor, supplies/ materials and equipment
may be included; the Contractor must provide itemized documentation (including the
subcontractor's invoice) of any subcontractor's labor, supplies / materials, and
equipment.
✓ The County agrees to pay the Contractor for the amount of labor time spent by the
Contractor's employees. Subcontractors will be paid by the Contractor according to E.
their submitted invoice(s) then the Contractor will be allowed to charge a ten (10%) 0
percent mark-up accordingly.
V As a general business practice, the time and material invoices would include back- a
up documentation for costs for supplies/materials, equipment rental, subcontractors,
etc. 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.
V Taxes, related fees, and ancillary charges may be transferred to the County in the
actual amount; however, mark-ups will not be allowed. Mark-ups will not be allowed
on sales tax, consumer fees or taxes, use and other similar taxes, or fees associated
with any work under this Agreement. o
✓ Freight and shipping charges will be allowed if included in the quote and only allowed
to the amount supported by backup documentation. No mark-up will be allowed for
freight or shipping charges.
✓ If applicable, a ten (10%) percent mark-up of subcontractor's labor, subcontractor's
supplies / materials, subcontractor's equipment, rental equipment, contactor's CD
equipment, Contractor supplies/ materials, etc. will be allowed.
Contractor's Responsibilities o
The Contractor(s) awarded for monthly pest control services, on-call services, and emergency
services will provide:
1. All necessary labor, materials, equipment, tools, consumables, transportation, skills, and c
incidentals required for the services for the County's facilities. Except as noted herein, travel,
fees and surcharges will not be accepted in conjunction with this contract, and such charges c
should be incorporated into the pricing structure. A contractor will not be allowed to bill for cts
administrative hours for invoicing, providing back-up and supporting documentation, etc.
The work area is expected to be returned to its original condition at the end of any service. This
contract provides for any services deemed necessary to complete the job, through means of
Contractor(s) in-house expertise or sub-contracted work as needed. The Contractor may be
required to provide documentation as to the actual cost of the subcontractor. The Contractor
shall ensure that all areas be kept clean and free from debris.
The awarded Contractor(s) will maintain sufficient personnel to accomplish County's work
schedule.
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2. The Contractor(s) shall use technicians who are trained and experienced. The Contractor's
technicians will be available for response twenty-four(24) hours a day, seven (7) days a week,
365 days per year for any emergencies. The Contractor(s) shall provide the County with an on-
call telephone number for emergency service. The Contractor(s)shall employ an adequate staff
of approved technicians to provide service taking into account vacation and other leaves.
3. Response Time: Emergency response for being on-site shall not exceed six (6) hours, but
always same day response,from the time of call. The awarded Contractor is required to respond
to all emergency phone calls within two (2) hours of the initial phone call. Non-emergency
response within twenty four(24) hours is acceptable. The County Representative may approve
any exceptions to the response time. Failure to respond the same day for an emergency or 5
respond to an emergency phone call within two (2) hours will result in a one hundred fifty($150)
fine per occurrence.
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Note: A rodent sighting is deemed an emergency. o
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4. Scheduling: All normal inspections, maintenance, service, and repairs shall be conducted 0
during normal working hours, Monday through Friday between 8:00am and 5:00pm, excluding N
County holidays or County observed holidays. To arrange for an appointment to perform service a
at a particular facility, contact the County designee at a minimum of 24 hours in advance of the "E
work. A surcharge will be allowed for off-hours, if necessary and first approved in writing by the 3
County Representative or designee. The County Representative reserves the right to prohibit, a
with or without cause, at their sole discretion, any of the Contractor's employees from performing N
services in County facilities or in conjunction with this contract. co
Service schedules must be provided, at a minimum, one month in advance. These schedules
must be provided to the Facilities Management Division Operations Team, as well as,the County 5
Representative or designee.
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5. Callbacks: If callbacks are necessary, the awarded Contractor(s) shall perform all callbacks a.
within twenty four(24) hours after receipt of written notice of the problem. If a rodent situation is
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not under control after two (2) callbacks, another vendor may be substituted and the
to
performance measures/deductions shall apply.
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6. Additions and Deletions of Locations and Services: The County retains the right to add or o
to delete any locations and/or services from the services provided under this Contract as o
described herein, upon written notification by the County Representative or designee to the t
Contractor. Any additions or deletions shall be handled by letter from the County Representative
or designee and approved by the Procurement Strategist. c
c
Additional service requirements may be added or deleted from this Contract, and shall be m
considered a part of the Contract thereafter. The County Representative or designee reserves c
the right to make deletions of certain requirements or facilities and to adjust the prices according Y
with approval by the Procurement Strategist. Q
Prices for additions and deletions shall be at the unit price specified on the square footage rates
provided in the Contractor(s) proposal.
The County, or designee, shall attempt to provide advanced written notice to the Contractor of
all additional and/or new locations
If removing a location from coverage, the County Representative or designee shall provide
written or electronic notice to the Contractor. The removed location shall not be billed for the
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month of removal. Any prepaid coverage fees will be refunded at a pro-rata amount to the
County in the form of a credit on the subsequent billing.
7. Facility Safety and Security: The Contractor(s) employees are to comply with all legal and
safety requirements, including, and without limitation, the requirements of the Occupational
Safety and Health Act (OSHA) and the National Institute for Occupational safety and Health
(NIOSH).
The Contractor(s) shall submit to the County Representative a program for safety and training
which shall include specific actions that the Contractor shall take to train their employees in safe
work habits, safe usage of chemicals, safe use of equipment, the use of equipment and
chemicals to protect building occupants and the general public, and recognizing hazardous or
other materials that are not permitted for use in the contract.
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The Contractor(s)will exercise all necessary caution to protect public pedestrian and employee
traffic and to protect all public and private property from injury or damage caused by the
Contractor's operations. Any practice deemed hazardous by qualified County staff will be
immediately halted upon verbal or written notification to the Contractor by the County
Representative or designee. c
0
Work must be performed in accordance with industry standards &guidelines. The Contractor(s) cts
will comply with all applicable federal, state and local laws, ordinances, rules and regulations
pertaining to the performance of the services requested herein. Any fines levied due to N
inadequacies, or failure to comply with any requirements, will be the sole responsibility of the
Contractor(s). Any employee or representative of the Contractor(s) found not in conformance
with any laws, statutes, rules or regulations will not be allowed on job sites. Violations by a
Contractor may constitute cause for immediate termination of the Agreement. The Contractor(s)
0
shall replace or repair any loss at their cost. The County may withhold payment or make such
deductions as it may deem necessary to insure reimbursement for loss or damage to property
or persons through negligence of the Contractor and its employees. a.
The Contractor(s)must comply with Federal and State right-to-know laws if hazardous materials
are used. Material Safety Data Sheets (MSDS) will be made available and provided to the
County per the County Representative's direction. The Contractor is required to immediately
report to the County Representative or designee any spillage or dumping of hazardous material o
on County property. The Contractor shall bear all costs associated with the cleanup of any such
incidents.
All Contractor(s) personnel will have on their shirts the Contractor's business name and Collier
County Government issued bade/card available at all times. Site access will be limited to
required company vehicles and delivery vehicles only.Any parking at any of the County buildings E
or facilities is to be coordinated, in advance of starting a purchase order, with the County
designee. Contractor(s) parking shall not interfere with County personnel or general public
parking or pedestrian traffic. Violator's will be towed at owner's expense.
Proper behavior and language by all Contractor(s) employees will be enforced at all times while
working on County property. Contractor(s) employees shall be prohibited from disturbing items
in County offices, and from smoking in any County facility.
8. Records and Documentation:The Contractor(s)is responsible to maintain and update records
for each serviced location. The documentation will include, and not be limited to, records of all
service calls, services performed, site recommendations, and any additional services, if
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applicable. The Contractor(s) will maintain a service log for each site. The Contractor(s) will not
charge for any call back work. All reports shall be sent to the County Representative, or their
designee, noting date, type, service, location, etc.
A current material, supplies, and equipment list shall be provided and shall be updated on a
quarterly basis with the updated list provided.
A Material Safety Data (MSDS), in compliance with the standards set forth in Occupational
Safety and Health Administration (OSHA) Hazard Communication Standard (H.C.S.), 29 CFR
1910.1200, shall be provided. This includes but is not limited to:
• The chemical name and the common name for the toxic substance;
• The hazards or other risks in the use of the toxic substance, including but not limited to: L
the potential for fire, explosion, corrosively, and reactivity; known acute and chronic
health effects of the risks from exposure, including the medical conditions which are
generally recognized as being aggravated by exposure to the toxic substance; and the
primary routes of entry and symptoms of over-exposure;
• The proper precautions, handling practices, necessary personal protective equipment,
and other safety precautions in the use or exposure to the toxic substances, including
appropriate emergency treatment in the case of over exposure; n
• The emergency protocol for spills, fire, disposal, blood-borne pathogens, and first aid;
• A description in lay terms of the known specific potential health risks posed by the toxic Q
substance intended to alert any person reading the information; and
• The year and month, if available, that the information was compiled and the name,
address, and emergency telephone number of the manufacturer responsible for
preparing the information.
• Note: All changes/updates shall be immediately reported to the County Representative
or designee
9. Inspections: The County and the Contractor(s) may conduct an inspection of the completed a
services provided in response to any resulting purchase order.Any deficiencies noted during an oo
inspection shall be corrected before final acceptance. Such deficiencies will be corrected within
24 hours after receipt of notification, at the Contractor's expense, or the County may follow the <c
provisions in Section 10c (below). Deductions may be imposed at the time of initial notification
for lack of performance. 'm
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If the Contractor(s)fails to correct the defects within this time frame, the County shall be entitled o
to have the work remedied, charge a deduction /fine (see Section 10 Performance Measures
and Section 11 Contract Deductions), and the Contractor(s) shall be fully liable for all costs and
expenses reasonably incurred by the County.
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10. Performance Measures: The Contractor(s) shall maintain compliance with the following E
performance measures:
a. The Contractor(s) will provide 100% of all required reports and records (including daily
status updates when there are situations requiring call-backs or infestations) within the
time frame specified to the County, or their designee.
b. The Contractor(s)will advise the County, in writing, of any extenuating circumstances that
will prohibit the Contractor(s)from meeting the above-outlined performance measures.
c. The Contractor(s)will furnish all necessary labor, tools, equipment and services to perform
contracted services specified in the contract. The term contract officer or project manager
as used herein, shall mean County Representative or designee.The Division Management
and/or County Representative shall be the final authority on any issues that may arise as
to the quality and acceptability of any work performed under this contract. If, in the opinion
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of the Contract Officer, any part of the Contractor's performance becomes unsatisfactory;
the County will immediately levy a deduction on the Contractor's invoice for lack of service.
This deduction will be one hundred and fifty dollars ($150) per occurrence, per day, plus
actual cost to correct the violation. There will be no cost to the County for re-works or for
the vendor to resolve performance issues.
The County shall have the immediate right to complete the work to its satisfaction, through
the use of County employees or outside Contractors, as deemed necessary. The total sum
of the County employee's hours and materials cost(s)and/or outside vendor invoices shall
be immediately deducted from the Contractor's monthly invoice.
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11. Contract Deductions: It is the County's intent to have all tasks performed satisfactorily and
completed in accordance with the specifications and frequencies set forth under the contract. It 0
is important that the Contractor(s) perform all tasks as prescribed. If any tasks are omitted or 0
not performed satisfactorily, fully, and completely and with the frequency designated by the o
contract, the entire affected area as defined solely by the County Representative or designee
shall be found to be a non-performance area and a deduction shall be levied.
a)
a
The deduction will be one hundred and fifty dollars ($150) per occurrence, per day, plus actual,
including County employee labor, materials cost, outside vendor cost and any other costs for 3
the correction of the violation.
No doors shall be propped open at any time. Failure to adhere to this directive will result in the co
Contractor being fined fifty($50) dollars per occurrence.
0
Deductions shall be administered through the County Representative or designee. Should the
Contractor wish to appeal these charges, they may do so in writing to the County
Representative's Manager within three (3) business days of receiving the fine / deduction
notification. The appeal should state dates, times and other associated facts, along with a clear
description of their argument or disagreement with the fine. The appeal should also reference
this bid document and / or other supporting documentation. Should the appeal be rejected by
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the County Representative's Manager within three (3) business days, the next appeal may then
be made to the County Representative's Director within three (3) business days. Each of these m
appeals should be made within three (3) business days of the incident or notification (for the
appeal to the Division). If resolution cannot be obtained through the Division Management
Appeal process, the vendor will have the right to appeal within three (3) business days to the
Procurement Services Division.
14. Clean-up: The Contractor(s) shall be responsible for removing all debris from the site and c
cleaning affected areas. The Contractor(s) shall keep the premises free of debris and unusable
materials resulting from their work and as work progresses; or upon request by the County's
representative, shall remove such debris and materials from the property. The Contractor(s) w
shall leave all affected areas as they were prior to beginning work. There will be no cost to the
County for clean-up. If the Contractor(s) does not follow this provision, there will be a deduction
of one hundred and fifty dollars ($150) per occurrence, per day, and actual cost to correct the
violation.
Any deduction may be assessed after a minimum of one written warning
15. Survivability Clause: The Contractor(s) agree, will honor, and finish work for any purchase
order that extends beyond the expiration date of the original solicitation and/or contract. These
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purchase orders will survive and remain subject to the terms and conditions of the agreement
until the completion or termination of the purchase order.
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.
• 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 Procurement Services Division reserves the right to clarify a vendor's proposal ci
prior to the award of the solicitation.
• It is the intent of Collier County to award to the lowest, qualified and responsive vendor(s), or on n.
a Primary, Secondary and Tertiary vendor. R
• For the purposes of determining the bidder with the lowest price for award purposes only the
following methodology will be used:
0
ooLowest Cost per Service (See Attachment 3: Vendor Submittal): It is the intent of Collier
County to award to the lowest, qualified, and responsive Contractor(s) in accordance with the o
following methodology:
• Building sizes are divided into 11 rate categories from zero to 200,000+ square feet. Those
categories will be weighted according to the frequency they have been used in the past by
the County, the top used categories have a higher multiplier. o
• Please insert your monthly pricing for each of the eleven rate categories under the column
titled "Monthly Rate". The rate for all line items will be added together to determine the
Contractor's BID TOTAL. The Contractor's BID TOTAL will be used to determine the lowest CO
responding bidder.
• The quantities on this bid are solely for the purpose of determining the order of the bidders
and Collier County makes no guarantees as to quantities that each rate category will be
used under this contract. o
• Submit the completed spreadsheet with bid, in Excel format.
• Quantities: The quantities listed in the Contract Proposal are approximate and are for the 'c
purpose of bid evaluation. The County reserves the right to order such quantities as may be {:
required during said period, but does not guarantee any minimum or maximum to be ordered E
during the period specified. _c
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The below chart is an example of how to complete the Bid Schedule: Q
The following example shows a completed Bid Schedule with monthly rates from $10 for a zero to 1,000
square foot location, up to $110 for a location over 200,000 square feet.
Rate Size of Location Multiplier Monthly Rate Subtotal
Category (Sq. Ft.)
1 0— 1,000 10.5 $10 $105
2 1,001 —5,000 40 $20 $800
3 5,001 — 10,000 26 $30 $780
4 10,001 —20,000 19 $40 $760
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5 20,001 —30,000 1 $50 $50
6 30,001 —50,000 1 $60 $60
7 50,000 — 70,000 0.5 $70 $35
8 70,001 — 100,000 0.5 $80 $40
9 100,001 — 150,000 0.5 $90 $45
10 150,001 —200,000 0.5 $100 $50
11 200,001 + 0.5 $110 $55
BID TOTAL $2,780
a. .
• Collier County reserves the right to select one, or more than one suppliers,whichever best suites
the County's needs to ensure that the coverage of the products are fulfilled.
• The County reserves the right to issue a formal contract for the award of this solicitation.
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Term of Contract U
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The contract term, if an award(s) is/are made is intended to be for one (1) year with three (3) one o
year renewal options. 0
a>
Prices shall remain firm for the initial term of this contract. Requests for consideration of a price a.
adjustment must be made prior to the contract anniversary date, in writing, to the Procurement
Director. Price adjustments may be based upon multiple factors: the consumer price index (CPI)
over the past twelve (12) months, market conditions and rate, budget availability and program
manager approval, or a combination thereof.
Surcharges will not be accepted in conjunction with this contract, and such charges should be 0
incorporated into the pricing structure.
Projected Timetable
a
Event Date 03
Issue Solicitation Notice July 29, 2016
Last Date for Receipt of Written Questions August 8, 2016, 4:00 co
PM, Naples Local -0
Time 0°
0
Addendum Issued Resulting from Written Questions TBD
Solicitation Deadline Date and Time August 12, 2016, 2:30 0
PM, Naples Local
Time 'c
Anticipated Evaluation of Submittals August 12— 16, 2016
Anticipated Board of County Commissioner's Contract September 2016
Approval Date
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
• Provide a Collier or Lee County license to operate business.
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• Permits, licenses, and taxes necessary for this work must be obtained prior to the contract
being awarded and costs shall not be transferred to Collier County.
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 Procurement Services Division (hereinafter, the County)
has issued this Invitation to Bid (hereinafter, the "ITB", or"Bid")with the sole purpose and intent of
obtaining bid responses from interested and qualified firms 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"
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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 0
misinterpretation or failure to comply with these instructions could lead to the bid submitted as
being rejected as non-responsive. a
2. Pricing
Vendors must provide unit prices using the unit of measured specified by the County. All prices
will remain firm for a period of one hundred and eighty(180) calendar days from date of bid 00
opening. After award by the Board of County Commissioners, prices may only be adjusted as
outlined in Exhibit I: Term of Contract.
0
3. Alternate Bid Pricing c.)
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a)
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 07)
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.
0
4. Equal Product o
0
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 c
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.
5. Discounts
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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
0
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 0
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 -a
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
Procurement Services Division Online Bidding System website: www.colliergov.net/bid. Before N
submitting a bid response, please make sure that you have read all, understood clearly and 00
complied completely with any changes stated in the addenda as failure to do so may result in the
rejection of your submittal. 2
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8. Bid Submission U
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All electronic bids shall be submitted online via the Collier County Procurement Services Division 0_
Online Bidding System: www.colliergov.net/bid. a,
or
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All paper bids shall be submitted to the County Procurement Director, Collier County Government, o
Procurement Services Division, 3327 Tamiami Trail E, Naples, FL 34112, by the date and time as o
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) compact disc
or flash drive with one copy of the bid and supporting documents on each CD in Word,
Excel or PDF. List the Solicitation Number and Title on the outside of the box or envelope. All
bids sent by courier service must have the bid number and title on the outside of the courier
packet.
Vendors who wish to receive copies of bids after the bid opening may view and download same
from the Collier County Procurement Services Division Internet bid site.
9. Questions
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If the vendor should be of the opinion that the meaning of any part of the Bid Document is
doubtful, obscure or contains errors or omissions it should report such opinion to the Procurement
Strategist before the bid opening date. Direct questions related to this ITB only to the Collier
County Procurement Services Division Internet website: 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 Procurement Services Division 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 0
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 Procurement Ordinance and policies.
11. Rejection and Waiver a
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. tN
Vendors whose bids, past performance or current status do not reflect the capability, integrity or co
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 16.
all required information, documents or materials may be rejected as non-responsive.
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12. Local Vendor Preference (LVP)
a.
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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 Procurement Ordinance.
Local business means the vendor has a current Business Tax Receipt issued by the Collier .2
County Tax Collector for at least one year prior to bid or proposal submission to do business o
within Collier County, and that identifies the business with a permanent physical business address T
located within the limits of Collier County from which the vendor's staff operates and performs
business in an area zoned for the conduct of such business. A Post Office Box or a facility that
receives mail, or a non-permanent structure such as a construction trailer, storage shed, or other
non-permanent structure shall not be used for the purpose of establishing said physical address.
In addition to the foregoing, a vendor shall not be considered a "local business" unless it
contributes to the economic development and well-being of Collier County in a verifiable and
measurable way. This may include, but not be limited to, the retention and expansion of
employment opportunities, support and increase to the County's tax base, and residency of
employees and principals of the business within Collier County. Vendors shall affirm in writing their
compliance with the foregoing at the time of submitting their bid or proposal to be eligible for
consideration as a "local business" under this section. A vendor who misrepresents the Local
Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to
claim Local Preference status for a period of up to one year.
Under this solicitation, bidders desiring to receive local preference will be invited and required to
affirmatively state and provide documentation as set forth in the solicitation in support of their
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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
T.
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 Procurement Services Division shall o
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 Procurement Services Division shall invite the
lowest local bidder to submit a matching offer, less one (1)dollar, within five (5) business days a
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 co
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.
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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. a
a.
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. o
The County may, as it deems necessary, conduct discussions with responsible bidders
as
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.
Exceptions to the program:
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• 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 Procurement Services Division 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.
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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.
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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. -a
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
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of the award agreement and the County shall have the discretion to unilaterally terminate said o
agreement immediately.
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14. Lobbying 00
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 m
meetings of introduction, luncheons, dinners, etc. During the bidding process, from bid opening to .2
final Board approval, no firm or its agent shall contact any other employee of Collier County with
the exception of the Procurement Services Division.
15. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute c
607.1501)
E
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 as
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
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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.
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Award shall be made in a manner consistent with the County's Procurement Ordinance. Award
recommendations will be posted outside the offices of the Procurement Services Division as well 0
as on the Collier County Procurement Services Division website on Wednesdays and Thursdays o
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prior to the County Commission meetings.
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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 a
days (excluding weekends and County holidays) of the date that the recommended award is -a
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. N
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Exhibit III: Standard Purchase Order Terms and Conditions
1. Offer of the goods by the COUNTY nonetheless
This offer is subject to cancellation by the remain with VENDOR.
COUNTY without notice if not accepted by b) No charges will be paid by the COUNTY for
VENDOR within fourteen(14)days of issuance. packing, crating or cartage unless otherwise
specifically stated in this Purchase Order.
2. Acceptance and Confirmation Unless otherwise provided in Purchase Order,
This Purchase Order (including all documents no invoices shall be issued nor payments
attached to or referenced therein) constitutes made prior to delivery. Unless freight and
the entire agreement between the parties, unless other charges are itemized, any discount will at
otherwise specifically noted by the COUNTY on be taken on the full amount of invoice. c
the face of this Purchase Order. Each delivery of c) All shipments of goods scheduled on the c.j
goods and/or services received by the COUNTY same day via the same route must be o
from VENDOR shall be deemed to be upon the consolidated. Each shipping container must c
terms and conditions contained in this Purchase be consecutively numbered and marked to o
Order. show this Purchase Order number. The
container and Purchase Order numbers must m
No additional terms may be added and Purchase be indicated on bill of lading. Packing slips a
Order may not be changed except by written must show Purchase Order number and must a
instrument executed by the COUNTY. VENDOR be included on each package of less than Q
is deemed to be on notice that the COUNTY container load (LCL) shipments and/or with
objects to any additional or different terms and each car load of equipment. The COUNTY N
conditions contained in any acknowledgment, reserves the right to refuse or return any °r°
invoice or other communication from VENDOR, shipment or equipment at VENDOR'S '"
notwithstanding the COUNTY'S acceptance or expense that is not marked with Purchase
payment for any delivery of goods and/or services, Order numbers. VENDOR agrees to declare
or any similar act by VENDOR. to the carrier the value of any shipment made c)
under this Purchase Order and the full invoice v
3. Inspection value of such shipment. n.
All goods and/or services delivered hereunder d) All invoices must contain the Purchase Order a
shall be received subject to the COUNTY'S number and any other specific information as 0
inspection and approval and payment therefore identified on the Purchase Order. Discounts cc
shall not constitute acceptance. All payments are of prompt payment will be computed from the 73
subject to adjustment for shortage or rejection. All date of receipt of goods or from date of receipt op
defective or nonconforming goods will be returned of invoices, whichever is later. Payment will .2
pursuant to VENDOR'S instruction at VENDOR'S be made upon receipt of a proper invoice and c
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expense. in compliance with Chapter 218, Fla. Stats.,
otherwise known as the "Local Government ._
To the extent that a purchase order requires a Prompt Payment Act," and, pursuant to the c
series of performances by VENDOR, the Board of County Commissioners Purchasing
COUNTY prospectively reserves the right to Policy. aci
cancel the entire remainder of the Purchase Order E
if goods and/or services provided early in the term 5. Time Is Of the Essence U
of the Purchase Order are non-conforming or Time for delivery of goods or performance of Q
otherwise rejected by the COUNTY. services under this Purchase Order is of the
essence. Failure of VENDOR to meet delivery
4. Shipping and Invoices schedules or deliver within a reasonable time, as
a) All goods are FOB destination and must be interpreted by the COUNTY in its sole judgment,
suitably packed and prepared to secure the shall entitle the COUNTY to seek all remedies
lowest transportation rates and to comply with available to it at law or in equity. VENDOR agrees
all carrier regulations. Risk of loss of any to reimburse the COUNTY for any expenses
goods sold hereunder shall transfer to the incurred in enforcing its rights. VENDOR further
COUNTY at the time and place of delivery; agrees that undiscovered delivery of
provided that risk of loss prior to actual receipt nonconforming goods and/or services is not a
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waiver of the COUNTY'S right to insist upon by or related to the injury or death of any person
further compliance with all specifications. (including but not limited to employees and agents
of VENDOR in the performance of their duties or
6. Changes otherwise), or damage to property (including
The COUNTY may at any time and by written property of the COUNTY or other persons), which
notice make changes to drawings and arise out of or are incident to the goods and/or
specifications, shipping instructions, quantities services to be provided hereunder.
and delivery schedules within the general scope of
this Purchase Order. Should any such change 11. Warranty of Non-Infringement
increase or decrease the cost of, or the time VENDOR represents and warrants that all goods
required for performance of the Purchase Order, sold or services performed under this Purchase
an equitable adjustment in the price and/or Order are: a) in compliance with applicable laws;
delivery schedule will be negotiated by the b)do not infringe any patent,trademark, copyright
COUNTY and VENDOR. Notwithstanding the or trade secret; and c) do not constitute unfair rt
foregoing, VENDOR has an affirmative obligation competition. o
to give notice if the changes will decrease costs. v
Any claims for adjustment by VENDOR must be VENDOR shall indemnify and hold harmless the o
made within thirty (30) days from the date the COUNTY from and against any and all claims,
change is ordered or within such additional period including claims of negligence, costs and o
of time as may be agreed upon by the parties. expense, including but not limited to attorneys'
fees, which arise from any claim, suit or a
7. Warranties proceeding alleging that the COUNTY'S use of the °-
VENDOR expressly warrants that the goods goods and/or services provided under this cc
and/or services covered by this Purchase Order Purchase Order are inconsistent with VENDOR'S Q
will conform to the specifications, drawings, representations and warranties in section 11 (a).
samples or other descriptions furnished or N
specified by the COUNTY, and will be of If any claim which arises from VENDOR'S breach co
satisfactory material and quality production, free of section 11 (a)has occurred,or is likely to occur,
from defects and sufficient for the purpose VENDOR may, at the COUNTY'S option, procure o
intended. Goods shall be delivered free from any for the COUNTY the right to continue using the o
security interest or other lien, encumbrance or goods or services, or replace or modify the goods U
claim of any third party. These warranties shall or services so that they become non-infringing, m
survive inspection, acceptance, passage of title (without any material degradation in performance, a
and payment by the COUNTY. quality, functionality or additional cost to the co
COUNTY). co
8. Statutory Conformity co
Goods and services provided pursuant to this 12. Insurance Requirements
Purchase Order, and their production and The VENDOR, at its sole expense, shall provide m
transportation shall conform to all applicable laws, commercial insurance of such type and with such °
including but not limited to the Occupational terms and limits as may be reasonably associated c
Health and Safety Act, the Federal Transportation with the Purchase Order. Providing and
Act and the Fair Labor Standards Act, as well as maintaining adequate insurance coverage is a co
any law or regulation noted on the face of the material obligation of the VENDOR. All insurance c
Purchase Order. policies shall be executed through insurers
authorized or eligible to write policies in the State o
9. Advertising of Florida. E
No VENDOR providing goods and services to the
COUNTY shall advertise the fact that it has 13. Compliance with Laws w
contracted with the COUNTY for goods and/or In fulfilling the terms of this Purchase Order,
services, or appropriate or make use of the VENDOR agrees that it will comply with all federal,
COUNTY'S name or other identifying marks or state,and local laws,rules,codes,and ordinances
property without the prior written consent of the that are applicable to the conduct of its business.
COUNTY'S Purchasing Department. By way of non-exhaustive example, this shall
include the American with Disabilities Act and all
prohibitions against discrimination on the basis of
10. Indemnification race,religion,sex creed,national origin, handicap,
VENDOR shall indemnify and hold harmless the marital status, or veterans' status. Further,
COUNTY from any and all claims, including claims VENDOR acknowledges and without exception or
of negligence, costs and expenses, including but stipulation shall be fully responsible for complying
not limited to attorneys'fees, arising from, caused with the provisions of the Immigration Reform and
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Control Act of 1986 as located at 8 U.S.C. 1324, action brought to specifically enforce any of
et seq. and regulations relating thereto, as either the terms and conditions of this Purchase
may be amended. Failure by the awarded firm(s) Order shall be the Twentieth Judicial Circuit in
to comply with the laws referenced herein shall and for Collier County, Florida
constitute a breach of the award agreement and b) Failure of the COUNTY to act immediately in
the County shall have the discretion to unilaterally response to a breach of this Purchase Order
terminate said agreement immediately. Any by VENDOR shall not constitute a waiver of
breach of this provision may be regarded by the breach. Waiver of the COUNTY by any
COUNTY as a material and substantial breach of default by VENDOR hereunder shall not be
the contract arising from this Purchase Order. deemed a waiver of any subsequent default
by VENDOR.
14. Force Majeure c) All notices under this Purchase Order shall be
Neither the COUNTY nor VENDOR shall be sent to the respective addresses on the face
responsible for any delay or failure in performance page by certified mail, return receipt i
resulting from any cause beyond their control, requested, by overnight courier service, or by
including, but without limitation to war, strikes, civil personal delivery and will be deemed effective
disturbances and acts of nature. When VENDOR upon receipt. Postage, delivery and other o
has knowledge of any actual or potential force charges shall be paid by the sender. A party
majeure or other conditions which will delay or may change its address for notice by written o
threatens to delay timely performance of this notice complying with the requirements of this v
Purchase Order, VENDOR shall immediately give section.
notice thereof, including all relevant information d) The Vendor agrees to reimbursement of any
with respects to what steps VENDOR is taking to travel expenses that may be associated with cc
complete delivery of the goods and/or services to this Purchase Order in accordance with
the COUNTY. Florida Statute Chapter 112.061, Per Diem
and Travel Expenses for Public Officers,
15. Assignment employees and authorized persons.
VENDOR may not assign this Purchase Order, e) In the event of any conflict between or among
nor any money due or to become due without the the terms of any Contract Documents related o
prior written consent of the COUNTY. Any to this Purchase Order, the terms of the
assignment made without such consent shall be Contract Documents shall take precedence (j
deemed void. over the terms of the Purchase Order. To the
extent any terms and /or conditions of this
a.
16. Taxes Purchase Order duplicate or overlap the co
Goods and services procured subject to this Terms and Conditions of the Contract
Purchase Order are exempt from Florida sales Documents, the provisions of the Terms
and use tax on real property, transient rental and/or Conditions that are most favorable to
property rented, tangible personal purchased or the County and/or provide the greatest
rented, or services purchased (Florida Statutes, protection to the County shall govern. o
Chapter 212), and from federal excise tax.
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17. Annual Appropriations ;°
The COUNTY'S performance and obligation to c
pay under this Purchase Order shall be contingent
upon an annual appropriation of funds.
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18. Termination
This Purchase Order may be terminated at any
time by the COUNTY upon 30 days prior written
notice to the VENDOR. This Purchase Order may
be terminated immediately by the COUNTY for
breach by VENDOR of the terms and conditions of
this Purchase Order, provided that COUNTY has
provided VENDOR with notice of such breach and
VENDOR has failed to cure within 10 days of
receipt of such notice.
19. General
a) This Purchase Order shall be governed by the
laws of the State of Florida. The venue for any
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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 L
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. o
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3. Vendor Performance Evaluation
a
Collier County has implemented a Vendor Performance Evaluation System for all contracts 12
awarded in excess of$25,000. To this end, vendors will be evaluated on their performance upon
completion/termination of agreement.
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4. Deductions for Non-Performance
The County reserves the right to deduct a portion of any invoice for goods not delivered, or o
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. oo
5. Termination
Should the Contractor be found to have failed to perform services in a manner satisfactory to the
County, the County may terminate this Agreement immediately for cause; further the County may o
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 award of this solicitation is made by the
Procurement Services Director, the award and any resultant purchase orders may be terminated
at any time by the County upon thirty(30) days written notice to the awarded vendor(s) pursuant
to the Board's Procurement Ordinance.
6. Offer Extended to Other Governmental Entities
Collier County encourages and agrees to the successful vendor extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the discretion of
the successful vendor.
7. Environmental Health and Safety
All Vendors and Sub vendors performing service for Collier County are required and shall comply
with all Occupational Safety and Health Administration (OSHA), State and County Safety and
Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub
vendors shall be responsible for the safety of their employees and any unsafe acts or conditions
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that may cause injury or damage to any persons or property within and around the work site. All
firewall penetrations must be protected in order to meet Fire Codes.
Collier County Government has authorized OSHA representatives to enter any Collier County
facility, property and/or right-of-way for the purpose of inspection of any Vendor's work operations.
This provision is non-negotiable by any department and/or Vendor.
All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device
Coordination and Arc Flash Studies where relevant as determined by the engineer.
All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and
PPE Protective labels.
8. Florida Wood Products i
The Vendor/Contractor agrees to comply with Florida Statute 255.20 to provide lumber, timber and c°v
other forest products produced and manufactured in the State of Florida as long as the price, o
fitness and quality are equal. o
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9. Public Records Compliance
a
Florida Public Records Law Chapter 119, including specifically those contractual requirements in -a
119.0701(2) (a)-(b) as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC E.
RECORDS AT:
Communication and Customer Relations Division
a.
3299 Tamiami Trail East, Suite 102 co
Naples, FL 34112-5746
Telephone: (239) 252-8383
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the service. °
2. Upon request from the public agency's custodian of public records, provide the public o
agency with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in this
chapter or as otherwise provided by law. c
3. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of E
the contract term and following completion of the contract if the Contractor does not
transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records required by
the public agency to perform the service. If the Contractor transfers all public records to
the public agency upon completion of the contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the public
agency, upon request from the public agency's custodian of public records, in a format
that is compatible with the information technology systems of the public agency.
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10. Standards of Conduct
The Vendor shall employ people to work on County projects who are neat, clean, well-groomed
and courteous. Subject to the American with Disabilities Act, Vendor shall supply competent
employees who are physically capable of performing their employment duties. The County may
require the Vendor to remove an employee it deems careless, incompetent, insubordinate or
otherwise objectionable and whose continued employment on Collier County projects is not in the
best interest of the County.
11. Licenses
The Vendor is required to possess the correct professional and other licenses, and any other
authorizations necessary to perform the required work pursuant to all applicable Federal, State
and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies
of all the required licenses must be submitted with the bid response indicating that the 0
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. a
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 c
Collier County. co
Questions regarding professional licenses should be directed to Contractor Licensing, Community o
Development and Environmental Services at(239) 252-2431, 252-2432 or 252-2909. Questions o
regarding required Business Tax Receipt(formerly known as Occupational Licenses) should be o
directed to the Tax Collector's Office at (239) 252-2477.
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12. Protection of Property
The Vendor shall ensure that the service is performed in such manner as to not damage any
property. In the event damage occurs to any property as a direct result of the Vendor or their Sub m
vendor in the performance of the required service, the Vendor shall repair/replace, to the County's o
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. ~
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The County's project manager, shall coordinate with the Vendor/ Contractor the return of any
surplus assets, including materials, supplies, and equipment associated with the scope or work.
13. Prohibition of Gifts to County Employees
No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan,
fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III,
Florida Statutes, the current Collier County Ethics Ordinance and County Administrative
Procedure 5311. Violation of this provision may result in one or more of the following
consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact
with County staff for a specified period of time; b. Prohibition by the individual and/or firm from
doing business with the County for a specified period of time, including but not limited to:
submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the
individual and/or firm for cause.
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14. Invoice and Payments
The County's project manager reserves the right to establish any one, or a combination of, these
industry practices for contracts or purchase orders:
Lump Sum (Fixed Price): a firm fixed total price offering for a project; the risks are transferred
from the County to the contractor; and, as a business practice there are no 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 contract is authorized.
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). This methodology is generally used in projects in which it is not E.
possible to accurately estimate the size of the project, or when it is expected that the project 0
requirements would most likely change. As a general business practice, these contracts o
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), o
material or equipment invoices, and other reimbursable documentation for the project.
a)
o.
Unit Price: the County agrees to pay a firm total fixed price (inclusive of all costs, including -a
labor, materials, equipment, overhead, etc.)for a repetitive product or service delivered (i.e.
installation price per ton, delivery price per package or carton, etc.). The invoice must identify
the unit price and the number of units received (no contractor inventory or cost verification o
required). oNo
Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, o
Florida Statutes. Vendor's invoices must include:
• Purchase Order Number U
• Description and quantities of the goods or services provided per instructions on the County's
purchase order or contract. a.
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Invoices shall be sent to: tD
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Board of County Commissioners m
Clerk's Finance Department o
ATTN: Accounts Payable
3299 Tamiami Trail E Ste 700
Naples FL 34112
Or emailed to: bccapclerk a(�,collierclerk.com. c
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
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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.
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. o
L
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 y
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 00
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 o
of any payment for work not performed or for unsatisfactory performance of Contractual
requirements. U
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15. Survivability a
00
Purchase Orders: The Contractor agrees that any Purchase Order that extends beyond the
expiration date of the original Solicitation 16-6698 will survive and remain subject to the terms and
conditions of that Agreement until the completion or termination of this Purchase Order.
16. Insurance Requirements
0
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. c
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."
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The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall
name Collier County, Florida, as an additional insured as to the operations of Vendor under this
solicitation and shall contain a severability of interests provisions.
Collier County Board of County Commissioners shall be named as the Certificate Holder. The
"Certificate Holder" should read as follows:
Collier County
Board of County Commissioners
Naples, Florida
The amounts and types of insurance coverage shall conform to the minimum requirements set 0
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 c
deductibles and provide satisfactory evidence of financial responsibility for such obligations. All
self-insured retentions or deductibles will be Vendor's sole responsibility. a.
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 00
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 o
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 o
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 to00
the full extent permitted under such policy.
Should at any time the Vendor not maintain the insurance coverage(s) required herein, the <40
County may terminate the Agreement or at its sole discretion shall be authorized to purchase such m
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. E
If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of CTS
the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s)of at
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.
#16-6698 Pest Control Services 28
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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 Procurement Services Division 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
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The Contractor is required to comply with County Ordinance 2004-52, as amended. Background
checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. ci
If required, Contractor shall be responsible for the costs of providing background checks by the o
Collier County Facilities Management Division for all employees that shall provide services to the c
County under this Agreement. This may include, but not be limited to, checking federal, state and ci
local law enforcement records, including a state and FBI fingerprint check, credit reports, n
education, residence and employment verifications and other related records. Contractor shall be a
required to maintain records on each employee and make them available to the County for at least -o
four(4) years. tt
All of Contractor's employees and subcontractors must wear Collier County Government N
Identification badges at all times while performing services on County facilities and properties. co
Contractor ID badges are valid for one(1) year from the date of issuance and can be renewed
each year at no cost to the Contractor during the time period in which their background check is o
valid, as discussed below. All technicians shall have on their shirts the name of the contractor's o
business. U
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The Contractor shall immediately notify the Collier County Facilities Management Division via e- a
mail (DL-FMOPScollierqov.net)whenever an employee assigned to Collier County separates 01
from their employment. This notification is critical to ensure the continued security of Collier coo
County facilities and systems. Failure to notify within four(4) hours of separation may result in a
deduction of$500 per incident. -0
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CCSO requires separate fingerprinting prior to work being performed in any of their c
locations. This will be coordinated upon award of the contract. If there are additional fees for this 7
process, the vendor is responsible for all costs. "=
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17. Debris
Vendor shall be responsible for the removal and disposal of all debris from the site and the u
cleaning of the affected areas. Vendor shall keep the premises free of debris and unusable
materials resulting from their work and as work progresses; or upon the request of the County's Q
representative, shall remove and dispose such debris and materials from the property. The
Vendor shall leave all affected areas as they were prior to beginning work.
18. Direct Material Purchase
The County reserves the right to require Vendor to assign some or all of its agreements with
material suppliers directly to the County. Any such goods and/or materials purchased by the
County pursuant to such an assignment of a material supply agreement shall be referred to as
"County Furnished Materials" and the responsibilities of both the County and the Vendor relating
to said materials shall be governed by the terms and conditions of this solicitation.
#16-6698 Pest Control Services 29
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16.E.5.b
Additionally, the County at its sole option may choose to purchase some or all of the goods and/or
materials from other suppliers. In either instance the County may require the following information
from the Vendor:
• Required quantities of material.
• Specifications relating to goods and/or materials required for job including brand and/or model
number or type if applicable
• Pricing and availability of goods and/or materials provided under Vendor's agreements with
material suppliers
19. Grant Compliance
The purchase of any goods and/or services that are funded through Federal Grant Appropriations,
the State of Florida, or any other public or private foundations shall be subject to the compliance
and reporting requirements of the granting agency.
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20. Equipment a
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Vendor shall have available and in good working condition, the necessary equipment to perform a
the required service. If required by the County, the Vendor shall supply a list of equipment and an -a
hourly rate for each. Hourly rates will commence once equipment arrives at the service site,
unless otherwise agreed in writing by the Project Manager.
In the event that additional specialized and/or heavy equipment(backhoe, crane, mudhog, etc.) is co
needed, the Project Manager must be notified in advance for approval. The reimbursement of
additional equipment expense shall be at cost and will commence once equipment arrives at the
service site, unless otherwise agreed in writing by the Project Manager. The County reserves the
right to request and obtain documentation of the Vendor's cost for time and material projects, and
to withhold payments until documentation is provided. a
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All County-purchased equipment must be new and of current manufacture in production at the
time of bid opening, and carry industry standard warranties. At the time of delivery, at least two (2) tO
complete shop repair manuals and parts lists must be furnished with each type of equipment.
Vendor must service all equipment prior to delivery and/or acceptance by the County.
The scope of these specifications is to ensure the delivery of a complete unit ready for operation.
Omission of any essential detail from these specifications does not relieve the Vendor from T a
furnishing a complete unit.
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Collier County
Administrative Services Department
Procurement SemIces Divsiot
Attachment 1: Vendor Submittal -Vendor's Non-Response Statement
The sole intent of the Collier County Procurement Services Division 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
Procurement Services Division, 3327 Tamiami Trail East, Naples, Florida 34112.
We are not responding to this ITB for the following reason(s):
Solicitation: 16-6698 Pest Control
❑ Services requested not available through our company.
a)
a.
❑ Our firm could not meet specifications/scope of work.
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❑ Specifications/scope of work not clearly understood (too vague, rigid, etc.) Q
❑ Project is too small.
❑ Insufficient time allowed for preparation of response. 16.
Incorrect address used. Please correct mailing address: U
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[ Other reason(s): co
Firm's Complete Legal Name
Address c
City, State, Zip
Telephone Number
FAX Number
Signature/Title
Type Name of Signature Date:
#16-6698 Pest Control Services 31
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16.E.5.b
Cci(Cier County
Administrative Services Department
Procurement Services Dvlsion
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:
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1. The Bid has been signed. c
2. The Bid prices offered have been reviewed.
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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. N
7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has a
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. CN
11. Copies of licenses, equipment lists, subcontractors or any other information as noted in this 00
ITB.
12. The mailing envelope must be addressed to:
Procurement Director =
Collier County Government
Procurement Services Division rn
3327 Tamiami Trail E a.
00
Naples FL 34112
The mailing envelope must be sealed and marked with: CO
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• Solicitation: 16-6698 Pest Control
• Opening Date: August 12, 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 and1.4
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
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ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE
OF THE COURIER PACKET.
Company Name
Signature &Title
Date
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16.E.5.b
CoUiee County
Administrative Services Department
Procurement Services Division
Attachment 3: Vendor Submittal - Bid Response Form
FROM:
Board of County Commissioners
Collier County Government Center
Naples, Florida 34112
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RE: Solicitation: 16-6698 Pest Control o
Dear Commissioners: V
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The undersigned, as Vendor, hereby declares that the specifications have been fully examined and a
the Vendor is fully informed in regard to all conditions pertaining to the work to be performed for as -a
per the scope of work. The Vendor further declares that the only persons, company or parties tz
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 o
respects fair and in good faith, without collusion or fraud. 00
The Vendor proposes and agrees if this bid is accepted, to comply with the requirements in full and in 2
accordance with the terms, conditions and specifications denoted herein. The Vendor agrees to c
provide the following: y
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***SEE FOLLOWING PAGES *** a
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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. m
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Prompt Payment Terms: % Days; Net_ Days o
as
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❑ Bid Response Form is electronic. Please input your prices online in the Excel format. .
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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.
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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
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Telephone Number
FAX Number
Signature/Title a.
Type Name of Signature
Date o
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Additional Contact Information
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Send Payments To: (REQUIRED ONLY if different from above)
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Firm's Complete Legal Name
Address
City, State, Zip
Contact Name
Telephone Number
FAX Number a)
Email Address
#16-6698 Pest Control Services 34
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I6.E.S.b
Cottier C01414ty
Administrative Services Department
Procurement Services Dvision
Attachment 4: Vendor Submittal — Local Vendor Preference Affidavit
Solicitation: 16-6698 Pest Control (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 Procurement Ordinance of the Collier County Board
of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County
Procurement 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 U
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 N
time of submitting their bid or proposal to be eligible for consideration as a "local business" under this co
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 2
section.
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Vendor must complete the following information:
a
Year Business Established in ❑Collier County or❑ Lee County:
Number of Employees(Including Owner(s)or Corporate Officers): cc
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:
E
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)
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Collier County
Administrative Services Department
Procurement Services Siivsion
Attachment 5: Vendor Submittal—Immigration Affidavit
Solicitation: 16-6698 Pest Control
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 Compan
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.
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Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien U
workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e)Section 274A(e)of L.
the Immigration and Nationality Act("INA").
U
Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A(e) of the m
INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e)of the INA shall be Q
grounds for unilateral termination of the contract by Collier County.
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Vendor attests that they are fully compliant with all applicable immigration laws(specifically to the 1986 Immigration Act Q
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 theCO
Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the
Vendor's/Bidder's proposal. o
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Company Name
Print Name Title a
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Signature Date
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State of
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County of
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The foregoing instrument was signed and acknowledged before me this day of ,20_, by m
who has produced as identification.
(Print or Type Name) (Type of Identification and Number)
E
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.
#16-6698 Pest Control Services 36
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16.E.5.b
Collier County
Administrative Services Department
Procurement Services D.sion
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 o
(if different from taxpayer name) o
Address City
Y
N
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State Zip -a
Telephone FAX Email
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Order Information Remit/Payment Information
Address Address E.
City State Zip City State Zip
au
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FAX FAX 00
0
Email Email fD
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00
0
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) E
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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, l certify that the information shown on this form is correct to my knowledge.
Signature Date
#16-6698 Pest Control Services 37
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Title Phone Number
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16.E.5.b
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Caber Courit y
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
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2. ® Employer's Liability $100,000 single limit per occurrence
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3. ® Commercial General Bodily Injury and Property Damage 0
Liability(Occurrence Form) 2
patterned after the current $500,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury o
ISO form Liability and Property Damage Liability. This shall include Premises and U
Operations; Independent Contractors; Products and Completed Operations
and Contractual Liability. n.
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4. ® Indemnification To the maximum extent permitted by Florida law, the ca
Contractor/Vendor/Consultant shall indemnify and hold harmless Collier Q
County, its officers and employees from any and all liabilities, damages, •
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losses and costs, including, but not limited to, reasonable attorneys'fees and CNI
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paralegals'fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone
employed or utilized by the Contractor/Vendor/Consultant in the performance
of this Agreement. o
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4. ® Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury& Property Damage, II
Owned/Non-owned/Hired; Automobile Included a
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5. ® Other insurance as ❑Watercraft $ Per Occurrence co
noted: CO
❑ United States Longshoreman's and Harborworker's Act coverage shall be -o
maintained where applicable to the completion of the work. m
$ Per Occurrence
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❑ Maritime Coverage(Jones Act)shall be maintained where applicable to '
the completion of the work. ;,
$ Per Occurrence c
❑ Aircraft Liability coverage shall be carried in limits of not less than aa)
$5,000,000 each occurrence if applicable to the completion of the Services E
under this Agreement. Y
$ Per Occurrence Q
❑ Pollution $ Per Occurrence
❑ Professional Liability $ per claim and in
the aggregate
• $1,000,000 per claim and in the aggregate
• $2,000,000 per claim and in the aggregate
❑ Project Professional Liability $ Per Occurrence
❑ Valuable Papers Insurance $ Per Occurrence
#16-6698 Pest Control Services 39
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16.E.5.b
❑ Employee Dishonesty/Crime $ Per Occurrence
Including Employee Theft, Funds Transfer Fraud, Include a Joint Loss
Payee endorsement naming Collier County.
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 t)
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.
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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. co
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9. ® Under General Liability, the Vendor must have endorsement of$1,000,000 Pesticide coverage on the Certificate
of Insurance.
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10. ® Collier County must be named as "ADDITIONAL INSURED"on the Insurance Certificate for Commercial U
General Liability where required.
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11. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County
Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance
must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all
work performed on behalf of Collier County. -0
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12. ® Thirty(30) Days Cancellation Notice required. 0
RLC 7/26/2016
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. cc
Name of Firm Date
Vendor Signature
Print Name
Insurance Agency
Agent Name Telephone Number
#16-6698 Pest Control Services 40
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16.E.5.c
AGREEMENT 16-6698
for
Pest Control
THIS AGREEMENT, made and entered into on this 13th day of September, 2016, by and
between Truly Nolan of America, Inc., authorized to do business in the State of Florida,
whose business address is 5828 Enterprise Parkway, Fort Myers, Florida 33905 (the
"Contractor") and Collier County, a political subdivision of the State of Florida, (the"County"):
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WITNESSETH:
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1. AGREEMENT TERM. The Agreement shall be for a one (1) year period, commencing
on Board Award Date and terminating one (1) year from that date or until all outstanding E'
Purchase Orders issued prior to the expiration of the Agreement period have been 0
completed or terminated.
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2. RENEWAL. 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 three (3) additional one (1) year periods. The County shall give the Contractor
written notice of the County's intention to renew the Agreement term 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. o
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3. STATEMENT OF WORK. The Contractor shall provide all necessary labor, tools,
equipment, supplies, maintenance and any other necessary accessories or services to 0_
perform pest control services as specified and in accordance with the terms and
conditions of Invitation to Bid (ITB) #16-6698, Exhibit A — Scope of Services,
Contractor's Bid Proposal, and Exhibit C — Site Locations referred to herein and made
an integral part of this Agreement. This Agreement contains the entire understanding
between the parties and any modifications to this Agreement shall be mutually agreed
upon in writing by the Parties, in compliance with the County's Procurement Ordinance,
as amended, and Procurement Procedures in effect at the time such services are
authorized.
4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of
this Agreement the aggregate of the services furnished at the unit price and rates in
Exhibit B — Fee Schedule, and the price methodology as defined in Section 4.1.
Payment will be made upon receipt of a proper invoice and upon approval by the
Project Manager or designee, and in compliance with Chapter 218, Fla. Stats.,
otherwise known as the "Local Government Prompt Payment Act."
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4.1 Price Methodology:
Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs,
including labor, materials, equipment, overhead, etc.) for a repetitive product or service
delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The
invoice must identify the unit price and the number of units received (no contractor
inventory or cost verification.
Lump Sum (Fixed Price): a firm fixed total price offering for a project; the risks are
transferred from the County to the contractor; and, as a business practice there are no
hourly or material invoices presented, rather, the contractor must perform to the w
satisfaction of the County's project manager before payment for the fixed price contract o
is authorized.
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Only a single lump sum quote is required, no itemized breakdown for the lump sum 0
quote will be required for quoting or payment purposes. No time and material quotes will N
be accepted or required for quoting or payment. Actual invoices for materials, a.
subcontractors, mark-ups, etc. will not be required for payment purposes, as the lump
sum quote does not require a breakdown of the quote or supporting documentation.
Timesheets and/or timecards will not be accepted or required for quoting or payment
purposes to support labor hours, as they are not required for a lump sum quote.
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 a
(number of hours times hourly rate), and for materials and equipment used in the project i
(cost of materials plus the contractor's mark-up). This methodology is generally used in a
projects in which it is not possible to accurately estimate the size of the project, or when 72-
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it is expected that the project requirements would most likely change. As a general o
business practice, these contracts include back-up documentation of costs; invoices U
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 co
other reimbursable documentation for the project.
4.2 Any County agency may purchase products and services under this Agreement,
provided sufficient funds are included in their budget(s).
4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt
and approval of invoices submitted on the date of services or within six (6) months after
completion of the Agreement. Any untimely submission of invoices beyond the specified
deadline period is subject to non-payment under the legal doctrine of "laches" as
untimely submitted. Time shall be deemed of the essence with respect to the timely
submission of invoices under this Agreement.
5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the
performance of the Work. No mark-up shall be applied to these taxes or fees. Collier
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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 #85-8015966531 C-2.
6. 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:
Truly Nolan of America, Inc.
5828 Enterprise Parkway
Fort Myers, Florida 33905
Telephone: (239) 332-0452
Facsimile: (239) 332-0316 Fax
e-mail: admin.079@trulymail.net
Attention: Matthew Leutine, Branch Manager
All Notices from the Contractor to the County shall be deemed duly served if mailed or 0
faxed to the County to:
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Collier County Government Center
Procurement Services Division
3327 Tamiami Trail, East
Naples, Florida 34112
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Attention: Director, Procurement Services Division
Telephone: (239) 252-8407
Facsimile: (239) 252-6480
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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. o
7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating 11)
a partnership between the County and the Contractor or to constitute the Contractor as a
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an agent of the County.
8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. The 5
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 a
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.
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9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use
in any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Contractor or
if the County or its authorized representative shall deem any conduct on the part of the
Contractor to be objectionable or improper, the County shall have the right to suspend
the Agreement of the Contractor. Should the Contractor fail to correct any such violation,
conduct, or practice to the satisfaction of the County within twenty-four (24) hours after
receiving notice of such violation, conduct, or practice, such suspension to continue until
the violation is cured. The Contractor further agrees not to commence operation during
the suspension period until the violation has been corrected to the satisfaction of the
County.
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10. TERMINATION. With respect to this agreement, should the Contractor be found to have
failed to perform his services in a manner satisfactory to the County as per this 0
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 Q
County shall be solejudge of non-performance. With respect to a particular Project, -�
termination shall be governed by the terms of the Purchase Order.
In the event that the County terminates this Agreement, Contractor's recovery against N
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.
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11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as
to race, sex, color, creed or national origin.
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12. INSURANCE. The Contractor shall provide insurance as follows:
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A. Commercial General Liability: Coverage shall have minimum limits of $500,000
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. s
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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 $100,000 for
each accident.
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D. Pesticide: Under General Liability -Coverage shall have minimum limits of
$1,000,000 Per Occurrence and shall be maintained by the Contractor.
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. o
Contractor shall also notify County, in a like manner, within twenty-four (24) hours after
receipt, of any notices of expiration, cancellation, non-renewal or material change in
coverage or limits received by Contractor from its insurer, and nothing contained herein 0
shall relieve Contractor of this requirement to provide notice.
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Contractor shall ensure that all subcontractors comply with the same insurance T.
requirements that he is required to meet.
13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the: Contractor
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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 : o
Contractor or anyone employed or utilized by the Contractor in the performance of this o
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. a.
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This section does not pertain to any incident arising from the sole negligence of Collier
County.
13.1 The duty to defend under this Article 13 is independent and separate from the duty
to indemnify, and the duty to defend exists regardless of any ultimate liability of the
Contractor, County and any indemnified party. The duty to defend arises immediately
upon presentation of a claim by any party and written notice of such claim being provided
to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will
survive the expiration or earlier termination of this Agreement until it is determined by
final judgment that an action against the County or an indemnified party for the matter
indemnified hereunder is fully and finally barred by the applicable statute of limitations.
14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Facilities Management Division.
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15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner with
the performance of services required hereunder. Contractor further represents that no
persons having any such interest shall be employed to perform those services.
16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the
following component parts, all of which are as fully a part of the Agreement as if herein
set out verbatim: Insurance Certificate(s), Exhibit A— Scope of Services, Exhibit B — Fee
Schedule, Contractor's bid proposal, Exhibit C— Site Locations, and ITB #16-6698.
17. 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 C
Commissioners.
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18. 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 o
item of value to any County employee, as set forth in Chapter 112, Part III, Florida N
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 72
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 a
individual and/or firm from doing business with the County for a specified period of time, N
including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate T-
termination of any Agreement held by the individual and/or firm for cause.
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19. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the L
Contractor is formally acknowledging without exception or stipulation that it agrees to Q
comply, at its own expense, with all federal, state and local laws, codes, statutes, o
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 8
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be N
amended; taxation, workers' compensation, equal employment and safety (including, but a
not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida
Public Records Law Chapter 119), including specifically those contractual requirements
at F.S. § 119.0701(2)(a)-(b) as stated as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE I
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE y
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS
AT:
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8383
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The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the
service.
2. Upon request from the public agency's custodian of public records, provide the
public agency with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the
cost provided in this chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized
by law for the duration of the contract term and following completion of the
contract if the Contractor does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all o
public records in possession of the Contractor or keep and maintain public
72.
records required by the public agency to perform the service. If the Contractor
transfers all public records to the public agency upon completion of the contract, 0
the Contractor shall destroy any duplicate public records that are exempt or N
confidential and exempt from public records disclosure requirements. If the a
Contractor keeps and maintains public records upon completion of the contract, 7_
the Contractor shall meet all applicable requirements for retaining public records. a
All records stored electronically must be provided to the public agency, upon
request from the public agency's custodian of public records, in a format that is0.1
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compatible with the information technology systems of the public agency.
If Contractor observes that the Contract Documents are at variance therewith, it shall
promptly notify the County in writing. Failure by the Contractor to comply with the laws
referenced herein shall constitute a breach of this Agreement and the County shall have
the discretion to unilaterally terminate this Agreement immediately.
20. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County ci
encourages and agrees to the successful proposer extending the pricing, terms and 11)
conditions of this solicitation or resultant Agreement to other governmental entities at the
discretion of the successful proposer.
21. 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.
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22. 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 and Section 4.1 of this Agreement.
23. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by
this Agreement to resolve disputes between the parties, the parties shall make a good
faith effort to resolve any such disputes by negotiation. The negotiation shall be
attended by representatives of Contractor with full decision-making authority and by
County's staff person who would make the presentation of any settlement reached during
negotiations to County for approval. Failing resolution, and prior to the commencement
of depositions in any litigation between the parties arising out of this Agreement, the
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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.
24. 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 .:r
jurisdiction on all such matters. L
25. AGREEMENT STAFFING. The Contractor's personnel and management to be utilized
for this Agreement shall be knowledgeable in their areas of expertise. The County
reserves the right to perform investigations as may be deemed necessary to ensure that v
competent persons will be utilized in the performance of the Agreement. The Contractor y
shall assign as many people as necessary to complete the required services on a timely a
basis, and each person assigned shall be available for an amount of time adequate to
meet the required service delivery dates. 3
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26. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of N
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any of the Contract Documents, the terms of the ITB, the Contractor's Proposal, and/or
the County's Board approved Executive Summary, this Agreement shall take
precedence. E
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27. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without a
the prior consent in writing of the County. Any attempt to assign or otherwise transfer this o
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 0
assignee be bound to it and to assume toward Contractor all of the obligations and
responsibilities that Contractor has assumed toward the County. a
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28. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as
amended. Background checks are valid for five (5) years and the Contractor shall be
responsible for all associated costs. If required, Contractor shall be responsible for the c
costs of providing background checks by the Collier County Facilities Management E
Division for all employees that shall provide services to the County under this 0
Agreement. This may include, but not be limited to, checking federal, state and local law a
enforcement records, including a state and FBI fingerprint check, credit reports,
education, residence and employment verifications and other related records. Contractor
shall be required to maintain records on each employee and make them available to the
County for at least four (4) years.
All of Contractor's employees and subcontractors must wear Collier County Government
Identification badges at all times while performing services on County facilities and
properties. Contractor ID badges are valid for one (1) year from the date of issuance and
can be renewed each year at no cost to the Contractor during the time period in which
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their background check is valid, as discussed below. All technicians shall have on their
shirts the name of the contractor's business.
The Contractor shall immediately notify the Collier County Facilities Management
Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to
Collier County separates from their employment. This notification is critical to ensure the
continued security of Collier County facilities and systems. Failure to notify within four (4)
hours of separation may result in a deduction of$500 per incident.
CCSO requires separate fingerprinting prior to work being performed in any of their
locations. This will be coordinated upon award of the contract. If there are additional
fees for this process, the vendor is responsible for all costs.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW o
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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)
Truly Nolan of America, Inc.
Contractor
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By: d
First Witness Signature
TType/print witness name TType/print signature and titleT
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COSecond Witness
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TType/print witness name
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Approv: « a . '• fe,••• . . legality:
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Jeffrey • I_ . ow, County Attorney
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Exhibit A—Scope of Services
MONTHLY REQUIRED SERVICES
The Contractor will be responsible for providing the monthly pest control services and additional
treatments (as requested with no additional charge), including but not limited to:
• Control of common household pests, specifically ants, roaches, silverfish, firebrats, earwigs,
millipedes, centipedes, crickets, scorpions, spiders, fleas, ticks, bees, wasps, hornets, etc.
• Apply interior supplies / chemicals to buildings, including but not limited to: offices, storage
rooms, mezzanines, attics, kitchens, basements, labs, kennels, locker rooms, bathrooms, etc.
• Special attention shall be paid to problem areas such as kitchens and bathrooms
o This requires monitoring and inquiry of building occupants
o Additional treatments, as needed
• Apply perimeter supplies/chemicals to the outside of the buildings which shall include but not
be limited to: porches, windows, window frames, eaves, patios, doorways, refuse areas, decks, 0
under decks, and anywhere pests congregate
• Control rats and/or mice, under and around the designated structures including the area
extending to a distance of fifteen (15) feet. Traps must be checked on a daily basis until the 0
condition is under control and less service is approved by the County Representative or N
designee. The County requests the following level of service: a
o Standard control for rats and/or mice is daily for 7 days from the reported incident then -a
once per week for an additional three weeks (total service four weeks). Daily site visits
will be required initially for 7 days, but may be extended, at the discretion of the County
Representative or designee
o Deodorants, when are necessary, the Contractor will provide them at no additional00
charge and they will be utilized to overcome possible odors caused by rats and/or mice
control operations. However, even with deodorants, every effort must be made to
remove the source of the odor, when/where accessible E
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ADDITIONAL SERVICES
From time to time additional services are needed. These services will be provided on a lump sum o
basis, based upon quotes requested by the County Representative or designee. These services are
considered alternatives (the services are not a requirement of the contract, but may be incorporated if 0
the Contractor can provide the services): N
• Rodent exclusion services
• Trapping services(above and beyond standard rodent removal)
• Termite inspections and treatments, which shall be negotiated on an as needed basis
o Any additional terms and conditions for termite services must be provided in
conjunction with this solicitation .;
o Entering, inspecting, and treating of specified structures must be performed to minimize
interference with the daily routine of County employees and individuals using the
facilities. The date and time of services must be mutually agreed upon by the County
Representative and the Contractor.
• Spider and web fumigation, as needed
• Any and all other extermination services needed
Following the monthly pest control services and site inspections, a written report / check list will be
provided detailing the results of the inspection, services completed, and making specific
recommendations for future remedial actions, etc.
Typically, pest control services will be completed during normal business hours; however, the County
Representative or designee may request services during off-hours, as deemed necessary by the
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County Representative or designee. A surcharge may be allowed for off-hours, if necessary and first
approved in writing by the County Representative or designee.
REQUEST FOR ADDITIONAL SERVICES
• Repair Services Work (on-call, routine): The County Representative or designee will
provide a scope of work to be performed to the Contractor and request that a "time and
materials" or"lump sum"quote be provided. The County expects that for on-call repair work,
the Contractor provides a price quote within a reasonable time (one to two business days)
from the point of initial contact, unless the requestor provides a longer deadline to receive
the quote. Once a purchase order is issued, the County Representative or designee would
expect that the on-call service for pest control related services commence within two (2)
business days, unless otherwise directed by the County Representative or designee. In the .
event that the Contractor does not fulfill these response requirements, the County
Representative or designee reserves the right to contact other Contractor(s) to perform the
scope of work. c�
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• Emergency Services: The County Representative or designee will identify the needed
services for the life, health, safety or equipment/facility emergency and request that work be 0
completed as soon as reasonably practicable. The County Representative or designee may
direct the Contractor to commence work through a verbal direction, and a purchase order o.
will be issued to the Contractor as soon as possible.
In each scope of work the County Representative or designee reserves the right to specify: the
period of completion; collection of deductions / fines or actual costs in the event of late N
completion and/or non-compliant performance and/or Contractor caused damages; and "lumpco
sum" or"time and material" pricing.
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• If"lump sum"quote is requested, the Contractor shall provide:
✓ A not-to-exceed total cost for the entire scope of work including a brief description of a
the work to be completed;
✓ Lump Sum (fixed price) is a firm fixed total price offering for a project; the risks are
transferred from the County to the Contractor; and, as a business practice there are o
no hourly or material invoices presented, rather, the Contractor must perform to the
satisfaction of the County's project manager or designee before payment for the a
fixed price contract is authorized. a
✓ Only a single lump sum quote is required, no itemized breakdown for the lump sum
quote will be required for quoting or payment purposes. No time and material quotes 01,
will be accepted or required for quoting or payment. Actual invoices for materials,
subcontractors, mark-ups, etc. will not be required for payment purposes, as the
lump sum quote does not require a breakdown of the quote or supporting E
documentation. Timesheets and/or timecards will not be accepted or required for
quoting or payment purposes to support labor hours, as they are not required for a
lump sum quote.
• If"time and material" quote is requested, the Contractor shall provide:
✓ The expected number of work hours by each position (and the hourly rate) and the
extended total.
I The breakdown of the cost for supplies, parts, and equipment used for the scope of
work; the Contractor must provide itemized documentation and receipts / invoices
for any supply, part, or piece of equipment billed in their invoice.
✓ If applicable, a mark-up of subcontractor's labor, supplies/materials and equipment
may be included; the Contractor must provide itemized documentation (including the
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subcontractor's invoice) of any subcontractor's labor, supplies / materials, and
equipment.
✓ The County agrees to pay the Contractor for the amount of labor time spent by the
Contractor's employees. Subcontractors will be paid by the Contractor according to
their submitted invoice(s) then the Contractor will be allowed to charge a ten (10%)
percent mark-up accordingly.
✓ As a general business practice, the time and material invoices would include back-
up documentation for costs for supplies/materials, equipment rental, subcontractors,
etc. 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.
✓ Taxes, related fees, and ancillary charges may be transferred to the County in the
actual amount; however, mark-ups will not be allowed. Mark-ups will not be allowed
on sales tax, consumer fees or taxes, use and other similar taxes, or fees o
associated with any work under this Agreement. o
✓ Freight and shipping charges will be allowed if included in the quote and only
allowed to the amount supported by backup documentation. No mark-up will be o
allowed for freight or shipping charges. v
✓ If applicable, a ten (10%) percent mark-up of subcontractor's labor, subcontractor's
supplies / materials, subcontractor's equipment, rental equipment, contactor's
equipment, Contractor supplies/materials, etc.will be allowed.
Contractor's Responsibilities ••
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For monthly pest control services, on-call services, and emergency services the Contractor will
provide:
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1. All necessary labor, materials, equipment, tools, consumables, transportation, skills, and
incidentals required for the services for the County's facilities. Except as noted herein, travel,
fees and surcharges will not be accepted in conjunction with this contract, and such charges
172
should be incorporated into the pricing structure. A Contractor will not be allowed to bill for
administrative hours for invoicing, providing back-up and supporting documentation, etc. v
The work area is expected to be returned to its original condition at the end of any service. This
contract provides for any services deemed necessary to complete the job, through means of
Contractor(s) in-house expertise or sub-contracted work as needed. The Contractor may be
required to provide documentation as to the actual cost of the subcontractor. The Contractor
shall ensure that all areas be kept clean and free from debris.
The Contractor will maintain sufficient personnel to accomplish County's work schedule. c)
2. The Contractor shall use technicians who are trained and experienced. The Contractor's
technicians will be available for response twenty-four(24) hours a day, seven (7) days a week,
365 days per year for any emergencies. The Contractor shall provide the County with an on-
call telephone number for emergency service. The Contractor shall employ an adequate staff of
approved technicians to provide service taking into account vacation and other leaves.
3. Response Time: Emergency response for being on-site shall not exceed six (6) hours, but
always same day response, from the time of call. The awarded Contractor is required to
respond to all emergency phone calls within two (2) hours of the initial phone call. Non-
emergency response within twenty four (24) hours is acceptable. The County Representative
may approve any exceptions to the response time. Failure to respond the same day for an
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emergency or respond to an emergency phone call within two (2) hours will result in a one
hundred fifty ($150)fine per occurrence.
Note: A rodent sighting is deemed an emergency.
4. Scheduling: All normal inspections, maintenance, service, and repairs shall be conducted
during normal working hours, Monday through Friday between 8:00am and 5:00pm, excluding
County holidays or County observed holidays. To arrange for an appointment to perform
service at a particular facility, contact the County designee at a minimum of 24 hours in
advance of the work. A surcharge will be allowed for off-hours, if necessary and first approved
in writing by the County Representative or designee. The County Representative reserves the
right to prohibit, with or without cause, at their sole discretion, any of the Contractor's
employees from performing services in County facilities or in conjunction with this contract.
Service schedules must be provided, at a minimum, one month in advance. These schedules
must be provided to the Facilities Management Division Operations Team, as well as, the 0
County Representative or designee. o
5. Callbacks: If callbacks are necessary, the Contractor shall perform all callbacks within twenty 0
four (24) hours after receipt of written notice of the problem. If a rodent situation is not under
control after two (2) callbacks, another vendor may be substituted and the performance a.
measures/deductions shall apply.
6. Additions and Deletions of Locations and Services: The County retains the right to add or
to delete any locations and/or services from the services provided under this Contract as N
CO
described herein, upon written notification by the County Representative or designee to the
Contractor. Any additions or deletions shall be handled by letter from the County
Representative or designee and approved by the Procurement Strategist.
Additional service requirements may be added or deleted from this Contract, and shall be
considered a part of the Contract thereafter. The County Representative or designee reserves
the right to make deletions of certain requirements or facilities and to adjust the prices °
according with approval by the Procurement Strategist. o
11Prices for additions and deletions shall be at the unit price specified on the square footage d
rates provided in the Contractor's proposal. co
rn
The County, or designee, shall attempt to provide advanced written notice to the Contractor of
all additional and/or new locations
_
If removing a location from coverage, the County Representative or designee shall provide
written or electronic notice to the Contractor. The removed location shall not be billed for the
month of removal. Any prepaid coverage fees will be refunded at a pro-rata amount to theco
County in the form of a credit on the subsequent billing.
7. Facility Safety and Security: The Contractor employees are to comply with all legal and
safety requirements, including, and without limitation, the requirements of the Occupational
Safety and Health Act (OSHA) and the National Institute for Occupational safety and Health
(NIOSH).
The Contractor shall submit to the County Representative a program for safety and training
which shall include specific actions that the Contractor shall take to train their employees in
safe work habits, safe usage of chemicals, safe use of equipment, the use of equipment and
c
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chemicals to protect building occupants and the general public, and recognizing hazardous or
other materials that are not permitted for use in the contract.
The Contractor will exercise all necessary caution to protect public pedestrian and employee
traffic and to protect all public and private property from injury or damage caused by the
Contractor's operations. Any practice deemed hazardous by qualified County staff will be
immediately halted upon verbal or written notification to the Contractor by the County
Representative or designee.
Work must be performed in accordance with industry standards & guidelines. The Contractor
will comply with all applicable federal, state and local laws, ordinances, rules and regulations
pertaining to the performance of the services requested herein. Any fines levied due to
inadequacies, or failure to comply with any requirements, will be the sole responsibility of the
Contractor. Any employee or representative of the Contractor found not in conformance with o
any laws, statutes, rules or regulations will not be allowed on job sites. Violations by a U
Contractor may constitute cause for immediate termination of the Agreement. The Contractor 2
shall replace or repair any loss at their cost. The County may withhold payment or make such o
deductions as it may deem necessary to insure reimbursement for loss or damage to property U
or persons through negligence of the Contractor and its employees.
a
The Contractor must comply with Federal and State right-to-know laws if hazardous materials 2
are used. Material Safety Data Sheets (MSDS) will be made available and provided to the
County per the County Representative's direction. The Contractor is required to immediately
report to the County Representative or designee any spillage or dumping of hazardous material
CO
on County property. The Contractor shall bear all costs associated with the cleanup of any such
incidents.
All Contractor personnel will have on their shirts the Contractor's business name and Collier d
County Government issued bade/card available at all times. Site access will be limited to
required company vehicles and delivery vehicles only. Any parking at any of the County
buildings or facilities is to be coordinated, in advance of starting a purchase order, with the
County designee. Contractor parking shall not interfere with County personnel or general public o
parking or pedestrian traffic. Violator's will be towed at owner's expense.
N
Proper behavior and language by all Contractor employees will be enforced at all times while co
working on County property. Contractor employees shall be prohibited from disturbing items into
County offices, and from smoking in any County facility.
8. Records and Documentation: The Contractor is responsible to maintain and update records
for each serviced location. The documentation will include, and not be limited to, records of all
service calls, services performed, site recommendations, and any additional services, if
applicable. The Contractor) will maintain a service log for each site. The Contractor will not
charge for any call back work. All reports shall be sent to the County Representative, or their
designee, noting date, type, service, location, etc.
A current material, supplies, and equipment list shall be provided and shall be updated on a
quarterly basis with the updated list provided.
A Material Safety Data (MSDS), in compliance with the standards set forth in Occupational
Safety and Health Administration (OSHA) Hazard Communication Standard (H.C.S.), 29 CFR
1910.1200, shall be provided. This includes but is not limited to:
• The chemical name and the common name for the toxic substance;
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• The hazards or other risks in the use of the toxic substance, including but not limited to:
the potential for fire, explosion, corrosively, and reactivity; known acute and chronic
health effects of the risks from exposure, including the medical conditions which are
generally recognized as being aggravated by exposure to the toxic substance; and the
primary routes of entry and symptoms of over-exposure;
• The proper precautions, handling practices, necessary personal protective equipment,
and other safety precautions in the use or exposure to the toxic substances, including
appropriate emergency treatment in the case of over exposure;
• The emergency protocol for spills, fire, disposal, blood-borne pathogens, and first aid;
• A description in lay terms of the known specific potential health risks posed by the toxic
substance intended to alert any person reading the information; and
• The year and month, if available, that the information was compiled and the name,
address, and emergency telephone number of the manufacturer responsible for
preparing the information. o
• Note: All changes/updates shall be immediately reported to the County Representative
or designee
9. Inspections: The County and the Contractor may conduct an inspection of the completed v
services provided in response to any resulting purchase order. Any deficiencies noted during a
an inspection shall be corrected before final acceptance. Such deficiencies will be corrected
12
within 24 hours after receipt of notification, at the Contractor's expense, or the County may
follow the provisions in Section 10c (below). Deductions may be imposed at the time of initial
notification for lack of performance.
N
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If the Contractor fails to correct the defects within this time frame, the County shall be entitled
to have the work remedied, charge a deduction /fine (see Section 10 Performance Measures
and Section 11 Contract Deductions), and the Contractor shall be fully liable for all costs and
expenses reasonably incurred by the County.
10. Performance Measures: The Contractor shall maintain compliance with the following
performance measures:
0
a. The Contractor will provide 100% of all required reports and records (including daily trl
status updates when there are situations requiring call-backs or infestations) within the
time frame specified to the County, or their designee.
b. The Contractor will advise the County, in writing, of any extenuating circumstances that
will prohibit the Contractor from meeting the above-outlined performance measures.
c. The Contractor will furnish all necessary labor, tools, equipment and services to perform s
contracted services specified in the contract. The term contract officer or project manager
as used herein, shall mean County Representative or designee. The Division
Management and/or County Representative shall be the final authority on any issues that
co
may arise as to the quality and acceptability of any work performed under this contract. If,
in the opinion of the Contract Officer, any part of the Contractor's performance becomes
unsatisfactory; the County will immediately levy a deduction on the Contractor's invoice
for lack of service.
This deduction will be one hundred and fifty dollars ($150) per occurrence, per day, plus
actual cost to correct the violation. There will be no cost to the County for re-works or for
the Contractor to resolve performance issues.
The County shall have the immediate right to complete the work to its satisfaction,
through the use of County employees or outside Contractors, as deemed necessary. The
Page 16 of 21 .�
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total sum of the County employee's hours and materials cost(s) and/or outside vendor
invoices shall be immediately deducted from the Contractor's monthly invoice.
11. Contract Deductions: It is the County's intent to have all tasks performed satisfactorily and
completed in accordance with the specifications and frequencies set forth under the contract. It
is important that the Contractor perform all tasks as prescribed. If any tasks are omitted or not
performed satisfactorily, fully, and completely and with the frequency designated by the
contract, the entire affected area as defined solely by the County Representative or designee
shall be found to be a non-performance area and a deduction shall be levied.
The deduction will be one hundred and fifty dollars ($150) per occurrence, per day, plus actual, U
including County employee labor, materials cost, outside vendor cost and any other costs for
the correction of the violation. o
U
No doors shall be propped open at any time. Failure to adhere to this directive will result in the o
Contractor being fined fifty ($50) dollars per occurrence. o
Deductions shall be administered through the County Representative or designee. Should the N
Contractor wish to appeal these charges, they may do so in writing to the County
Representative's Manager within three (3) business days of receiving the fine / deduction
notification. The appeal should state dates, times and other associated facts, along with a clear
description of their argument or disagreement with the fine. The appeal should also reference
this bid document and / or other supporting documentation. Should the appeal be rejected by
the County Representative's Manager within three (3) business days, the next appeal may then co
be made to the County Representative's Director within three (3) business days. Each of these
appeals should be made within three (3) business days of the incident or notification (for the E'
appeal to the Division). If resolution cannot be obtained through the Division Management E
Appeal process, the Contractor will have the right to appeal within three (3) business days to
the Procurement Services Division.
0
14. Clean-up: The Contractor shall be responsible for removing all debris from the site and
cleaning affected areas. The Contractor(s) shall keep the premises free of debris and unusable 0
materials resulting from their work and as work progresses; or upon request by the County's
representative, shall remove such debris and materials from the property. The Contractor shall
leave all affected areas as they were prior to beginning work. There will be no cost to the
County for clean-up. If the Contractor does not follow this provision, there will be a deduction of
one hundred and fifty dollars ($150) per occurrence, per day, and actual cost to correct the
violation.
C
Any deduction may be assessed after a minimum of one written warning
RS
15. Survivability Clause: The Contractor agrees, will honor, and finish work for any purchase
order that extends beyond the expiration date of the original solicitation and/or contract. These
purchase orders will survive and remain subject to the terms and conditions of the agreement
until the completion or termination of the purchase order.
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Exhibit B - Fee Schedule
Rate
Cates o Size of Location S.. Ft. Monthl Rate
1 0— 1,000 $15.00
2 1,001 —5,000 $30.00
3 5,001 — 10,000 $45.00
4 10,001 —20,000 $90.00
5 20,001 —30,000 $135.00
6 30,001 —50,000 $225.00
Es
7 50,000—70,000 $315.00
8 70,001 — 100,000 $450.00
9 100,001 — 150,000 $675.00
10 150,001 —200,000 $900.00 0
11 200,001 + $1,350.00
1)
a.
Description Rate
Hourly Rate for any other service that could be $100 per hour N
performed *
Additional Fees or Costs: After Hour Surcharge(flat $125
fee) U
*The additional hourly rates only applies to time and materials quotes. Services such as termite
services are traditionally completed on a lump sum basis and will be requested in lump sum
quotes.
0
L
Additional Services: Fixed Price o
Spider and Web Fumigation (flat fee): $350.00
-to be completed quarterly at the Everglades City Fire a)
Station and Ochopee Fire Station
o,
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CD
North Collier Regional Park Tower(flat fee): $400
- 3 story tower at North Collier Regional Park
-To include removal of bee, wasp, etc. nests, as needed
E
Light Poles, up to 60 feet(flat fee per poll): $400
- located in various areas, specifically athletic fields
- removal of bee, wasp, etc. nests, as needed per pole
Bee Removal from a Water Meter Box(flat fee): $250
- located in various areas throughout Collier County
-to include removal of bee, wasp, etc. nests, as needed
basis
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Exhibit C-Site Locations
t d 1, s :4.0 " "�W" > }sty i y�y TAY, 41,
.n ;'''''''P':',,, ..... .i , n f S v - , ,,,s.cgr�G?"A}^ �,',,i 5n7r,x h.,.Y,., ...
Building Address Square
footage
1 Building B -Human Resources 3303 E.Tamiami Trail 6,935
2 Building Cl -Tax 3291 E.Tamiami Trail 18,206
3 Building C2 3295 E.Tamiami Trail 12,348
4 Building D-Risk/Jail Visitation 3311 E.Tamiami Trail 8,388
5 Building E-Snackbar 3307 E.Tamiami Trail 770
6 Building F-Administration 3299 E.Tamiami Trail 80,000
w
7 Building G-Procurement 3327 E.Tamiami Trail 5,569
co
8 Building H-Health/PUD 3339 E.Tamiami Trail 77,898
s Building J-Jail 3319 E.Tamiami Trail 69,203 0
to Building K-Chiller Plant 3323 E.Tamiami Trail 5,520 U
11 Building L-Courthouse 3315 E.Tamiami Trail 119,986 0
12 Building M-Museum 3331 E.Tamiami Trail 7,164 =
13 Discovery Cottage 3331 E.Tamiami Trail 1,388 0
U
14 Huntoon Gallery 3331 E.Tamiami Trail 858 .,
15 Craighead Lab 3331 E.Tamiami Trail 849
16 Building W/Maintenance Shop 3335 E.Tamiami Trail 10,382 a.a.
17 Facilities Trailer 3335 E.Tamiami Trail 703 ii
18 BCC Fleet 2901 County Barn Rd. 17,156
19 CAT Transfer Station 3355 E.Tamiami Tr 19,000
20 Domestic Animal Services 7610 Davis Blvd. 12,000 CO
21 Golden Gate Estates Tax Office 50 Wilson Blvd.Suites 7&8 2,574 CNICO
22 Property Appraiser 3950 Radio Rd 27,000
23 Marco Island Tax Collector 1041 Winterberry Drive 3,000 4
24 Greentree Tax Collector/Drivers 2348 Immokalee Rd. _ 7,650
25 Parks Facility 3300 Santa Barbara Blvd. 7,000 m
26 Golden Gate SO 4715 Golden Gate Pkwy 4,900 2
L
27 NNSO/EMS 776 Vanderbilt Beach Rd. 7,034 im
a
28 Marco Island SO 990 N. Barfield Drive 3,710 0
29 EN Sheriff/EMS 11121 E.Tamiami Trail 12,054 b
30 IMSO/EMS 101 S. 1st Street 11,700 =
0
31 Everglades SO 32020 Tamiami Trail E. 2,391 U
32 CCSO Fleet 2885 County Barn Rd. 35,812 in-
CD
33 CID 2373 E. Horseshoe Drive 35,050 n.
34 CCSO Special Ops 250 Patriot Way 30,000 co
35 IM Vice/Narcotics Airpark Blvd.in Immokalee 2,172
co
36 CCSO Rifle Range 4441 70th Ave NE 3,740
37 Corkscrew Sheriff Substation 1065 lmmokalee Rd. 1,758
38 Naples Regional Library 650 Central Avenue 36,000 c
39 East Naples Library 8787 E Tamiami Tr 7,348
4o Golden Gate Library 2432 Lucerne Road 17,000
41 Vanderbilt Library 788 Vanderbilt Beach Rd. 7,000
ad
42 Marco Island Library 210 S.Heathwood Dr. 13,564 Q
43 Immokalee Library 417 N. 1st Street 7,630
44 Golden Gate Estates Library 1266 Golden Gate Blvd. 11,340
45 Headquarters Library 2385 Orange Blossom Drive 38,045
46 South Regional Library Lely Cultural Way 33,000
47 Golden Gate Senior Center 4948 Coronado Pkwy 7,000
46 Golden Gate Government Center 4707 Golden Gate Pkwy 7,236
49 Eagle Creek Government Office 12668 E.Tamiami Tr 2,947
so North Collier Government Center 2335 Orange Blossom Dr. 16,000
51 Immokalee Government Center 106 S. 1st St 10,495
52 Emergency Services Center 8075 Lely Cultural Pkwy 127,294
53 Courthouse Annex 3301 E.Tamiami Tr 131,000
54 IM Code Enforcement 310 Alachua Street 2,072
5s Immokalee Health Building 419 1st Street 14,265
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16.E.S.c
� 4,-,.1„-i-4-..J..,:424.!y;4i* T� r C r _Y�` '� '^ r.� 'a§-,:tin-N:...,,
Building Address Square
footage
56 GMD/Planning&Development 2800 N.Horseshoe Drive 60,034
57 GMD/Construction&Maintenance 2885 S. Horseshoe Drive 31,985
58 Road&Bridge 4800 Davis 12,000
59 Immokalee Road&Bridge/Facilities 402 Stockade Rd 5,150
so Motor Vehicle Building 725 N.Airport Rd. 6,208
61 CAT/Admin&Fleet 8300 Radio Rd. 13,000
62 University Extension Office 14700 Immokalee Rd. 13,361
83 Marco Island Airport 2003 Mainsail Drive 5,137
64 Everglades Airport 650 Airpark Rd. 1,011 L
65 Immokalee Airport 165 Airpark Blvd 4,217 w
66 Everglades Museum 105 W.Broadway 2,847 c
67 Naples Depot Museum 1051 5th Ave S. 8,700 U
68 Marco Island Museum 1264 Mistletoe Court 21,000 0
69 Pelican Bay Reclaim Facility 6200 Watergate Way 3,500 E'
70 South Wastewater Plant 5600 Warren St 15,000
71 North Wastewater Plant 10500 Goodlette Rd 4,155 N
72 South Water Plant 3851 Utility Drive 20,007 a.
73 North Water Plant 8005 Vanderbilt Beach Rd 37,283 -
74 Public Utilities(West bldg.) 4375 Mercantile 23,500
75 Public Utilities(East Bldg) 4420 Mercantile 23,500 Q
76 Naples Recycling Center 2640 Enterprise Extension 500
77 MI Recycling Center 990 Elkam Circle 2,500 N
78 N Naples Recycling Center 9950 Goodlette 3,600 co
79 Naples Scale House 3901 White Lake Blvd 2,580
so HHW Facility 3750 White Lake Blvd 5,000 5
81 IM Scale House 700 Stockade Rd 425
E
82 Wastewater Operations 6027 Shirley Street 5,650 aa)
83 Eagle Lakes Park Fieldhouse/Restrooms 11565 E.Tamiami Tr 3,100 a)
84 Eagle Lakes Community Center 11565 E.Tamiami Tr 8,900 Q
85 Eagles Lakes FitnessNPK 11565 E.Tamiami Tr 4,000
L
8s Sugden Park Group 4284 Avalon 7,826 E'
o
87 Bayview Park Marina 1500 Danforth 700
U
88 EN Community Park Group 3500 Thomasson Dr. 10,761 N
s9 Gulf Coast Little League 5611 Warren St 1,600 n
90 Veteran's Community Park Group 1900 Immokalee Rd. 7,182 co
91 Max Hasse Community Park Group 3390 Golden Gate Blvd. 9,465 cco
o
92 Cocohatchee Park 13531 Vanderbilt Dr 3,984
co
93 Barefoot Beach Bldgs Lely Beach Rd. 1,800 t-
94 Pelican Bay Park Bldg 764 Vanderbilt Beach Rd. 750 c
9s Vanderbilt Beach Restrooms(old) 150 Vanderbilt Beach Rd 250 °'
96 Golden Gate Park Restrooms/Fieldhouse 3300 Santa Barbara Blvd. 2,400
97 Vineyards Community Park Group 6231 Arbor Blvd.W 9,664
as
98 Tigertail Beach Restrooms/Concession 490 Hemando Dr 1,396 Q
99 S.Marco Beach Restrooms on South Marco Beach 200
too Roberts Ranch 1215 Roberts Ave W. 4,850
ioi Tony Rosbough Park 439 Little League Rd. 1,200
102 North Collier Regional Park Group 15000 Livingston Rd. 68,000
103 Naples Park Field Restrooms 685 111th Ave 600
104 Golden Gate Community Center 4701 Golden Gate Pkwy 30,826
105 Wheels 4701 Golden Gate Pkwy 7,812
106 Golden Gate Fitness Center/Aquatic 3300 Santa Barbara Blvd. 10,459
107 GG Park Maintenance Bldg 3300 Santa Barbara Blvd. 288
los Freedom Park Education Bldg.&Restrooms 1515 Golden Gate Pkwy 3,000
too Immokalee Community Park Group 321 N. 1st St 12,000
110 Immokalee Sports Complex Group 505 Escambia 17,423
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1 6.E.5.c
Building Address Square
footage
111 Sugden Sailing Center 4284 Avalon 2,500
112 Sugden Water Ski Center 4284 Avalon 1,556
113 Goodland Marina 750 Palm Point Dr 1,725
114 Isle of Capris Paddle Park Restrooms 3620 Collier Blvd. 200
115 Pepper Ranch Restrooms/Lodge 6315 Pepper Road, IM _ 1,989
116 South IM Park Daycare 418 School Drive 2,048
117 IM Airport Park Restrooms 33 Airways Drive 200
118 Gordon River Park Restrooms 1596 Golden Gate Parkwy 1,000
119 New Vanderbilt Beach Restrooms Vanderbilt Beach Road 750
12o Biuebill Restroom 1131 Guifshore Blvd 1,185 ti
121 EMS#42 7010 Immokalee Road 5,200 Y
in EMS#10 14756 Immokalee Road 3,508 .e'
123 EMS#1 838 8th St S 609 U
124 EMS#76 790 Logan Blvd N 7,500 6.
126 EMS#40 1441 Pine Ridge 1,000 c
126 EMS#24 2795 Airport N 9,500 0
127 Golden Gate Fire 4741 Golden Gate Pkwy 13,700 N
128 EMS#71 95 13th ST SW 4,500 a
129 EMS#3 2375 Tower Drive 7,224
12
130 EMS#75 4590 Santa Barbara 4,500
131 EMS#61 201 Buckner Ave N 5,593 Q
132 Clam Pass Concession 475 Seagate Dr 500
13s Port of the Islands Marina/FIRE 525 Newport Dr 12,000 N
134 Caxambas Marina/Coast Guard Bldg 909 Collier Court 2,100 00
135 IM Jail 302 Sgt Joe Jones 18,857
136 Medical Examiner 3838 Domestic Ave 13,238 d
137 21st St House/Pole Barn 790 21st St NW 8,088
138 1973 Bay St 1973 Bay St 1,700 aa)
139 2015 Bay St 2015 Bay St 1,700 Q
140 WIC-Golden Gate 4945 GG Pkwy,Suite 102 1,300
141 Margood Park Bldgs 321 Pear St./Goodland 2,870
142 Danford House 1800/1812 Danford 2,000 '
143 Tourism 2660 S. Horseshoe Dr,Suite 105 4,448 U
144 Supervisor of Elections(New) 3750 Enterprise Ave 32,000 w
0
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