Agenda 07/11/2017 Item #16C1007/11/2017
EXECUTIVE SUMMARY
Recommendation to award Request for Proposal No. 17-7108, “Food and Beverage Concessions,”
for the Main Government Complex to Zack’s Food Cart Ministry Catering, Inc.
OBJECTIVE: To provide a convenient, quality food concession for the Main Government Complex.
CONSIDERATIONS: The Facilities Management Division is responsible for managing the buildings
and facilities and providing certain services to staff and visitors of the Main Government Complex. One
of those services is locating a food concessionaire in a free-standing structure located on the campus to
provide snack and food services during workday hours.
There are approximately 1,000 employees on the site each day during regular working hours (7 a.m. to 5
p.m.), as well as the public who conduct business at the various buildings during the same hours. The
complex consists of multiple buildings including the Courthouse (which includes weekly jury duty
service), Tax Collector, Health Services, the Sheriff’s Office and jail visitation center, and other business
offices open to the public. The number of people on campus each day varies but is estimated at 2,500. The
utilization of the proposed concession would be based on this combined figure. The solicitation also
included potential additional services, such as catering and delivery, emergency activations and events,
training seminars or meetings, open houses, ground breaking ceremonies, dedications, special occasions,
county picnics, employee appreciation lunches, and other events or locations deemed necessary.
The County Request for Proposal 17-7108 on April 21, 2017, and electronically distributed it to 116
companies, and 25 solicitation packages downloaded. Proposals were due by May 10, 2017, and one firm
submitted a proposal.
A Selection Committee meeting was held on June 1, 2017 to review the single proposal. After review,
scoring and discussion, a consensus of the selection committee members recommended awarding the
concession to Zack’s Food Cart Ministry. Should the vendor be unable to deliver food and beverage
concessions to the satisfactory of the County, the contract has provisions for termination for cause and
convenince without liability.
FISCAL IMPACT: The Zack’s Food Cart Ministry proposal provides a revenue sharing plan of 20
percent (a 4 percent increase from the previous concessionaire) of gross sales after taxes for all
concession operations on the Main Government Complex, which will be contributed to the Americans
with Disabilities Act (ADA) Fund (190). The estimated sales from this concessionaire are expected to be
roughly $100,000, resulting in an approximate $20,000 contribution to the ADA fund.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote
for Board approval. -SRT
RECOMMENDATION: To award Request for Proposal 17-7108, “Food and Beverage Concessions,”
to Zack’s Food Cart Ministry, Inc., and authorize the Chair to sign the attached agreement.
Prepared by: Dennis Linguidi, CFM, Director, Division of Facilities Management
ATTACHMENT(S)
1. 17-7108 Food Beverage Concession for Collier County_Solicitation (PDF)
2. 17-7108 NORA (PDF)
3. [Linked} 17-7108 Zack Food Cart_Agreement_VendorSign (PDF)
07/11/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.10
Doc ID: 3446
Item Summary: Recommendation to award Request for Proposal 17-7108, “Food and Beverage
Concessions,” for the Main Government Complex to Zack’s Food Cart Ministry Catering, Inc.
Meeting Date: 07/11/2017
Prepared by:
Title: Division Director - Facilities Mgmt – Facilities Management
Name: Dennis Linguidi
06/28/2017 12:56 PM
Submitted by:
Title: Division Director - Facilities Mgmt – Facilities Management
Name: Dennis Linguidi
06/28/2017 12:56 PM
Approved By:
Review:
Procurement Services Barbara Lance Level 1 Purchasing Gatekeeper Completed 06/28/2017 1:19 PM
Procurement Services Sandra Herrera Additional Reviewer Completed 06/28/2017 2:01 PM
Solid and Hazardous Waste Dan Rodriguez Additional Reviewer Completed 06/28/2017 2:30 PM
Procurement Services Viviana Giarimoustas Additional Reviewer Completed 06/28/2017 3:15 PM
Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 06/28/2017 3:21 PM
Public Utilities Department Margie Hapke Additional Reviewer Completed 06/28/2017 3:58 PM
Public Utilities Department Heather Bustos Level 1 Division Reviewer Completed 06/28/2017 4:10 PM
Procurement Services Swainson Hall Additional Reviewer Completed 06/28/2017 4:30 PM
Procurement Services Ted Coyman Additional Reviewer Completed 06/28/2017 4:51 PM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Skipped 06/28/2017 8:51 PM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 06/30/2017 9:12 AM
Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 06/30/2017 9:19 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/30/2017 10:36 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 07/02/2017 4:09 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 07/03/2017 12:08 PM
Board of County Commissioners MaryJo Brock Meeting Pending 07/11/2017 9:00 AM
REQUEST FOR PROPOSAL
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Solicitation 17-7108
Food and Beverage Concession for Collier County
Viviana Giarimoustas
Procurement Strategist
239-252-8375 (Telephone)
VivianaGiarimoustas@colliergov.net (Email)
This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document
made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any
other legal remedies available to the Collier County Government.
Our new address is 3295 Tamiami Trail East, Naples Florida 34112
Table of Contents
LEGAL NOTICE .................................................................................................................................................................. 3
EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT ........................................................................... 4
EXHIBIT II: GENERAL RFP INSTRUCTIONS .........................................................................................................................10
EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS ....................................................................13
EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP...........................................................................................16
ATTACHMENT 1: VENDOR’S NON-RESPONSE STATEMENT ...............................................................................................25
ATTACHMENT 2: VENDOR CHECK LIST .............................................................................................................................26
ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT ........................................................................................................27
ATTACHMENT 4: VENDOR DECLARATION STATEMENT ....................................................................................................28
ATTACHMENT 5: AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS ....................................................................30
ATTACHMENT 6: IMMIGRATION AFFIDAVIT CERTIFICATION ...........................................................................................31
ATTACHMENT 7: VENDOR SUBSTITUTE W – 9 .................................................................................................................32
ATTACHMENT 8: INSURANCE AND BONDING REQUIREMENTS ........................................................................................33
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Legal Notice
Sealed Proposals to provide Food Concession Services will be received until 1:00 PM Naples local
time, on May 10, 2017 at the Collier County Government, Procurement Services Division, 3295
Tamiami Trail E, Naples, FL 34112.
Solicitation
17-7108
“Food & Beverage Concession for Collier County”
Services to be provided may include, but not be limited to the following: food concession services for the
Collier County Board of County Commissioners.
A non-mandatory pre-proposal conference will be held on May 2, 2017, commencing promptly at 4:00
PM, and will be held in the Procurement Services Division Conference Room, Collier County
Government, Procurement Services Division, 3295 Tamiami Trail E, Naples, FL 34112. If this pre-
proposal conference is denoted as “mandatory”, prospective Vendors must be present in order to
submit a proposal response.
All statements shall be made upon the official proposal form which may be obtained on the Collier
County Procurement Services Division Online Bidding System website: www.colliergov.net/bid.
Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability
or marital status.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
BY: /S/ Edward F. Coyman, Jr.
Director, Procurement Services
This Public Notice was posted on the Collier County Procurement Services Division website:
www.colliergov.net/purchasing and in the Lobby of Procurement Services Division Building, Collier
County Government Center on April 21, 2017.
Our new address is 3295 Tamiami Trail East, Naples Florida 34112
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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 Request for Proposal (hereinafter, “RFP”) with the intent of
obtaining proposals from interested and qualified firms offering to provide food concessions services
in accordance with the specifications stated and/or attached herein/hereto. The successful proposer
will hereinafter be referred to as the “Contractor.”
The results of this solicitation may be used by other County departments once awarded according to
the Board of County Commissioners Procurement Ordinance, as amended.
If awarded, a contract to provide these services will be effective on the date contract is approved by
the Board of County Commissioners (herein after, the BCC), signed by all required parties and filed in
the Office of Records and Minutes. The anticipated contract term will be for the period of sixty (60)
months. Additionally, by mutual agreement and funding availability, the contract may be renewed for
one term of sixty months. In no event, including renewal options, shall the contract exceed ten years.
An award, if made, will be made to the best overall proposer(s) whose proposal is most advantageous
to the County, taking into consideration the evaluation factors set forth in this RFP. The County will
not use any other factors or criteria in the evaluation of the proposals received.
Brief Description of Purchase
The purpose of this specification is to obtain proposals from vendors interested in providing food
concession services for the Collier County Board of County Commissioners. Historically the county
has received 16% of gross revenue from concession services with an annual sales of around
$105,000, however this may not be indicative of any future sales patterns.
Background
The Collier County Board of County Commissioners requests proposals from properly licensed and
insured companies to provide the following services:
Food and Beverage Concessions for Collier County facilities including but not limited to:
1. The Collier County Government Center located between East Tamiami Trail, Airport- Pulling Road
and Palm Drive. There are approximately 1000 employees on the site each day during regular
working hours (7 am to 5 pm) as well as members of the public who conduct business at the various
buildings during the same hours. The complex consists of multiple buildings including the Courthouse
(which includes weekly jury duty service), Tax Collector, Health Services and Sheriff’s Office and jail
visitation center, and other business offices open to the public. The number of people on campus
each day is variable, but estimated at 2500. The utilization of the proposed concession would be
based on this combined figure. There is very little off-site traffic due to the location of the food
concession.
2. Other Collier County Government locations: This solicitation is for food concession services only at
the facility identified on the main campus location map (attachment provided) and is not related to any
other existing or future concession opportunities. The County currently utilizes other food service
providers under separate agreement for other County locations and also utilizes food truck providers
at the main campus location and other locations as required. The County also operates a farmers
market on the main campus one day per week.
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3. Additional services required may include: catering and delivery, emergency activations and events,
training seminars or meetings, open houses, ground breaking ceremonies, dedications, special
occasions, County picnics, employee appreciation lunches, and other events or locations deemed
necessary. This contract does not provide exclusivity for these services.
Detailed Scope of Work
The County is seeking the services of recognized local, regional, or national commercial food
providers/chains to develop, manage and operate food and snack services located in the main
government complex. It is the intent of the County for the successful proposer to provide a full-service
food and snack service during normal business hours (7 a.m. to 5 p.m.). Successful proposers will
offer high-quality, freshly prepared food and beverage choices at competitive and reasonable prices.
Food choices should include, but not limited to; American style (Burgers, Sandwiches, Fries, Pizza,
etc.), Mexican, Home Cooking, BBQ, Cuban, Pastries, and/or healthy options such as a variety of
salads and snacks. Beverage options should include, but not limited to; coffee, bottled water, iced and
hot tea, sodas and/or sports/energy drinks. At least 10% of the food selections should be organic
and/or locally produced to the extent possible. Additionally proposers are expected to work with the
County to offer food options that complement the County’s Wellness Program and are encouraged to
offer a diverse selection of both breakfast and lunch type food items in order to maximize the
customer utilization of the concession. The successful proposer will be able to “contract out” special
events as necessary with advanced approval from Facilities Management’s Director or his designee.
The existing food concession space consists of a free-standing building of approximately 770 square
feet, which includes large built in refrigerator, sink, and electrical outlets (attachment provided). All
other equipment necessary to provide service is required to be supplied by vendor. Current vendor
prepares all food offsite. Water and electric service cost will be the responsibility of the County as
there are not separate meters for the building. The location of the food concession space is subject to
relocation if deemed necessary by the County but will conform to the same general specifications.
Successful proposers shall provide all capital improvements and any and all equipment necessary for
day to day operation of the concession. All improvements must be approved in advance and in writing
by the Director of Facilities Management or his designee.
Term of Contract
The contract term, if an award(s) is/are made is intended to be for three (3) years with two (2) one
year renewal options. Prices shall remain firm for the initial term of this contract.
The County’s intent is to negotiate an agreement with the number one ranked firm.
Surcharges will not be accepted in conjunction with this contract, and such charges should be
incorporated into the pricing structure.
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Projected Solicitation Timetable
The following projected timetable should be used as a working guide for planning purposes only. The
County reserves the right to adjust this timetable as required during the course of the RFP process.
Event Date
Issue Solicitation Notice 4/21/17
Last Date for Receipt of Written Questions 5/3/17, 1:00 PM,
Naples Local Time
Pre-proposal meeting 5/2/17, 4:00 PM,
Naples Local Time
and Locations
Addendum Issued Resulting from Written Questions or Pre-
Proposal Conference
5/4/17
Solicitation Deadline Date and Time 5/10/17, 1:00 PM,
Naples Local Time
Anticipated Evaluation of Submittals 5/12/17 – 5/26/17
Anticipated Completion of Contract Negotiations 6/2/17
Anticipated Board of County Commissioner’s Contract
Approval Date
7/11/17
Response Format
The Vendor understands and agrees to abide by all of the RFP specifications, provisions, terms
and conditions of same, and all ordinances and policies of Collier County. The Vendor further
agrees that if it is awarded a contract, the work will be performed in accordance with the
provisions, terms and conditions of the contract.
To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the
guidelines set forth in this RFP.
Any portions of the proposal that do not comply with these guidelines must be so noted and
explained in the Acceptance of Conditions section of the proposal. However, any proposal that
contains such variances may be considered non-responsive.
The items listed below shall be submitted with each proposal and should be submitted in the order
shown. Each section should be clearly labeled, with pages numbered and separated by tabs.
Failure by a Vendor to include all listed items may result in the rejection of its proposal.
1. Tab I, Similar Experience (10 points)
Proposers shall provide, in detail, their credentials in providing food and beverage concession
services and any information which documents successful and reliable experience in past
performance, especially those performances related to the requirements of this Request for
Proposal. Include a description of the proposer’s business history and number of years in
operation. Related experience shall be restricted to those assignments undertaken within the last
(5) years that are similar in scope.
2. Tab II, Management and Operation Plan (20 points)
The operation of the Concession Operations Area (COA) by the Concessionaire will be done in a
manner consistent with the highest standards achievable. The County will allow Concessionaire
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and their employees the ability to operate within the premises in a safe and orderly manner. In
addition, the concessionaire is expected to start operations at least thirty-minutes prior to
scheduled starting time.
The Concession operation tasks may include but are not limited to:
• Sale of retail food, beverages and merchandise as identified by the County’s contract
manager.
• Ensure that the foods, beverages offered are fresh; and that retail merchandise is relevant and
up-to-date.
• Cash management and deposit of funds.
• Credit/debit card processing capabilities.
• Maintenance of safe and clean areas for the production of foods and beverages to be sold to
retail customers, and housekeeping of areas surrounding the sales operation.
• Maintenance of current required licenses and permits, including but not limited to Business
Tax Receipt, Mobile Food Dispensing Vehicle (MFDV) license, and/or Catering License.
The Concessionaire shall employ people to work at this facility who are neat, clean, well groomed
and courteous to the guests being served, and County employees. Subject to the American with
Disabilities Act, Concessionaire shall supply competent employees, who are physically capable of
performing their employment duties and the County may require the Concessionaire to remove an
employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose
continued employment on Collier County property is not in the best interest of the County. All
Concessionaire employees shall wear shirts and shorts or pants with the Concessionaire's logo or
other identifying marking (such as identification badge).
If the County has reasonable evidence to believe that any employee of the Concessionaire is
incompetent, disorderly or otherwise has performed his/her duties in an objectionable manner, the
County will provide the Concessionaire with a written report and expect the Concessionaire to fully
investigate the allegation(s) and take the appropriate action.
In the event of a safety or security accident or incident to employees, visitors, and/or property the
Concessionaire must communicate to Facilities Management immediately followed by a written
incident report (forms will be provided to the awarded Concessionaire.)
3. Tab III, Food Service Concept (10 points)
Food service concept, including a list of proposed menu items indicating portion size and price for
each item. Collier County’s Wellness Program is a central station for County employees to find all
wellness related information.
Collier County Government’s Wellness program fosters a worksite culture that supports
employees and their spouse’s desire to make healthy lifestyle choices that encourages personal
and professional productivity to enhance their physical and mental well-being.
The County’s Wellness program will offer food recommendations with the goal of promoting and
increasing the prevalence of healthy food and beverages choices. The Wellness program will also
market the concessions healthier meal options in their monthly newsletters.
Food products/options offered should be guided by the following healthier guidelines for at least
25-50% of their menu options with price of those healthy options relatively lower than less healthy
options, when possible:
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• All products purchased contain 0g of trans fats.
• All individual items have ≤ 480mg sodium per serving, unless otherwise indicated.
• No purchase of food products prepared by deep frying.
• Whole grain options offered on menu
• Beverages: At least 50% of the beverage options must be made up of one or more of the
following:
• Water, including carbonated
• Plain (no added flavor or sugar) non-fat or 1% low fat dairy milk
• Plant-derived milk (e.g. soy, rice, almond) with 130 or less calories per 8 oz serving
• Low-calorie beverages that do not exceed 40 calories per 8 oz serving
• Non-sweetened tea or coffee
• Entrée Salads made with lean meats and low fat cheeses
• Vegetarian options such as turkey burger, bean burgers, or hummus and vegetable wraps
• No alcohol related products and/or advertisement.
4. Tab IV, Capital Investment Commitment (10 points)
Design of Facility: Provide a narrative description of proposed concept including overall design
concep t for the space including the proposed design for the inside and outside of the building
and a description of capital improvements to the site.
Proposers shall indicate the earliest dates that the proposer can reasonably expect to; (1)
begin construction; (2) complete construction; and (3) open the concession.
Under the agreement, the Concessionaire will be permitted to make capital improvements to
the facility with the written approval of the Director of Facilities Management. All capital
improvements will become the property of Collier County at the end of the terms of the
agreement.
5. Tab V, Transition Plan for Existing Staff (20 points)
Proposer shall provide a plan for participation to existing staff into proposed operations.
6. Tab VI Revenue Plan (20 points)
The successful Concessionaire will provide food service, beverage, and miscellaneous sales
operations for a monthly commission returned to the County.
The Concessionaire will be required to submit written monthly reports specific to COA facility
by the fifteenth (15th) day of the following month that contain the following information:
• Certified Monthly Sales Report: A summary report which identifies the total:
o Monthly gross sales by category (i.e. food, beverage, ice cream/frozen,
merchandise, etc.);
o Tax dollars for the gross sales;
o Copy of State Sales and Use Tax Report for the same accounting period;
o Sales dollars less tax,
o Credit card number of transactions and dollar amount;
o Cash number of transactions and dollar amount; and,
o A written certification statement which contains a statement similar to the following:
“To the best of my knowledge, The Certified Monthly Sales Report, and any
additional reports attached hereto, are accurate and reflect the sales and
commission owed to the County.”
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o A Report showing daily attendance figures and weather conditions
o Proposed percentage of revenue to the County
7. Tab VII Acceptance of Conditions
Indicate any exceptions to the general terms and conditions of the RFP, and to insurance
requirements or any other requirements listed in the RFP. If no exceptions are indicated in this
tabbed section, it will be understood that no exceptions to these documents will be considered
after the award, or if applicable, during negotiations.
8. Tab VIII Required Form Submittals
• Attachment 2: Vendor Check List
• Attachment 3: Conflict of Interest Affidavit
• Attachment 4: Vendor Declaration Statement
• Attachment 5: Affidavit for Claiming Status as a Local Business
• Attachment 6: Immigration Affidavit Certification
• Attachment 7: Vendor Substitute W-9
• Attachment 8: Insurance and Bonding Requirements
• Attachment 9: Reference Questionnaire
• Attachment 10: i.e. signed addenda, licenses or certifications, promotional materials,
etc.
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Exhibit II: General RFP Instructions
1. Questions
Direct questions related to this RFP to the Collier County Procurement Services Division Online
Bidding System website: www.colliergov.net/bid. Vendors must clearly understand that the only
official answer or position of the County will be the one stated on the Collier County Procurement
Services Division Online Bidding System website. For general questions, please call the
referenced Procurement Strategist noted on the cover page.
2. Pre-Proposal Conference
The purpose of the pre-proposal conference is to allow an open forum for discussion and
questioning with County staff regarding this RFP with all prospective Vendors having an equal
opportunity to hear and participate. Oral questions will receive oral responses, neither of which will
be official, nor become part of the RFP. Only written responses to written questions will be
considered official, and will be included as part of this RFP as an addendum.
All prospective Vendors are strongly encouraged to attend, as, this will usually be the only pre-
proposal conference for this solicitation. If this pre-proposal conference is denoted as “mandatory”,
prospective Vendors must be present in order to submit a proposal response.
3. Compliance with the RFP
Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the
RFP may result in disqualification.
4. Ambiguity, Conflict, or Other Errors in the RFP
It is the sole responsibility of the Vendor if the Vendor discovers any ambiguity, conflict,
discrepancy, omission or other error in the RFP, to immediately notify the Procurement Strategist,
noted herein, of such error in writing and request modification or clarification of the document prior
to submitting the proposal. The Procurement Strategist will make modifications by issuing a written
revision and will give written notice to all parties who have received this RFP from the
Procurement Services Division.
5. Proposal, Presentation, and Protest Costs
The County will not be liable in any way for any costs incurred by any Vendor in the preparation of
its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in
any discussions, negotiations, or, if applicable, any protest procedures.
6. Delivery of Proposals
All proposals are to be uploaded on the County’s on line bidding system (www.colliergov.net/bid)
before 1:00 PM, Naples local time, on or before May 12, 2017.
7. Validity of Proposals
No proposal can be withdrawn after it is filed unless the Vendor makes their request in writing to
the County prior to the time set for the closing of Proposals. All proposals shall be valid for a
period of one hundred eighty (180) days from the submission date to accommodate evaluation
and selection process.
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8. Evaluation of Proposals
The County’s procedure for selecting is as follows:
1. The County Manager or designee shall appoint a selection committee to review all
proposals submitted.
2. The Request for Proposal is issued.
3. Subsequent to the closing date for the proposals, the Procurement professional will
conduct a preliminary review of the proposals received and review each proposal to
determine if it’s responsive to the requirements of the published RFP.
4. Selection committee meetings will be open to the public and the Procurement professional
will publicly post notice of such meeting(s) in the lobby of the Procurement Services
Division Building, County calendar and on the County’s Procurement Services Internet site.
Public meeting dates and times should be posted with at least three (3) days in advance
on the County’s website calendar.
5. Selection committee members will independently review and score each proposal based
on the evaluation criteria stated in the request for proposal using the Individual Selection
Committee Score and Rank Form. Committee members will individually prepare
comments for discussion at the next meeting. The Individual Selection Committee Score
and Rank Form is merely a tool to assist the selection committee member in their review of
the proposals. Although it is a tool, the signed form will become part of the final
procurement record.
6. At the scheduled selection meeting, the members will present their independent
conclusions and comments based on their reading and interpretation of the materials
presented to each other, and they may ask questions of one another
7. The Selection Committee reserves the right to hold oral presentations and establish a rank
order for presentations. In any of the selection committee meeting deliberations, by
consensus, members may request to invite firms in to clarify their proposals, ask for
additional information, present materials, interview, and ask questions, etc. The members
may consider any and all information obtained through this method in formulating their
individual ranking and subsequent selection committee overall ranking and final ranking.
8. Once the individual ranking has been completed, the Procurement professional will direct
selection committee members to read their individual ranking publically. The Procurement
professional will record individual rankings on the Final Ranking Sheet which will
mathematically compile into an overall selection committee rank of proposers. Once final
rank is completed by the Committee, the public will be permitted to provide comments
(limited to three (3) minutes).
9. After final consensus of the ranking, staff will subsequently enter into negotiations.
Recommendation of contract award is dependent upon the successful and full execution of
a mutually agreed contract, pending the final approval by the Board of County
Commissioners.
The County reserves the right to withdraw this RFP at any time and for any reason, and to issue
such clarifications, modifications, and/or amendments as it may deem appropriate. Receipt of a
proposal by the County or a submission of a proposal to the County offers no rights upon the
Vendor nor obligates the County in any manner. Acceptance of the proposal does not guarantee
issuance of any other governmental approvals. Proposals which include provisions requiring the
granting of zoning variances shall not be considered.
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9. References
The County reserves the right to contact any and all references pertaining to this solicitation and
related proposal.
10. Proposal Selection Committee and Evaluation Factors
The County Manager shall appoint a Selection Committee to review all proposals submitted. The
factors to be considered in the evaluation of proposal responses are listed below.
Tab I, Similar Experience 10
Tab II, Management and Operation Plan 20
Tab III, Food Service Concept 10
Tab IV, Capital Investment Commitment 10
Tab V, Transition Plan for Existing Staff 20
Tab VI, Revenue Plan 20
Local Vendor Preference 10
TOTAL 100
Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the firm with
the lowest paid dollars by Collier County to the vendor (as obtained from the County’s financial
system) within the last five (5) years will receive the higher individual ranking. If there is a multiple
firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall
receive the higher ranking, the firm with the next lowest volume of work shall receive the next
highest ranking and so on.
11. Acceptance or Rejection of Proposals
The right is reserved by the County to waive any irregularities in any proposal, to reject any or all
proposals, to re-solicit for proposals, if desired, and upon recommendation and justification by
Collier County to accept the proposal which in the judgment of the County is deemed the most
advantageous for the public and the County of Collier.
Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind,
may be cause for rejection. In the event of default of the successful Vendor, or their refusal to
enter into the Collier County contract, the County reserves the right to accept the proposal of the
second ranked firm or to re-advertise using the same or revised documentation, at its sole
discretion.
12. Reserved Rights
Collier County reserves its right in any solicitation to accept or reject any or all bids, proposals or
offers; to waive minor irregularities and technicalities; or to request resubmission. Also Collier
County reserves the right to accept all or any part of any bid, proposal, or offer, and to increase or
decrease quantities to meet the additional or reduced requirements of Collier County. Collier
County reserves its right to cancel, extend or modify any or all bids, proposals or offers; to award
to one or more vendors; to award all or part of a solicitation; and to award by individual line items
when it is deemed to be in the best interest of the County. Collier County reserves its right to reject
any sole response.
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Exhibit III: Collier County Purchase Order Terms and Conditions
1. Offer
This offer is subject to cancellation by the
COUNTY without notice if not accepted by
VENDOR within fourteen (14) days of issuance.
2. Acceptance and Confirmation
This Purchase Order (including all documents
attached to or referenced therein) constitutes the
entire agreement between the parties, unless
otherwise specifically noted by the COUNTY on
the face of this Purchase Order. Each delivery of
goods and/or services received by the COUNTY
from VENDOR shall be deemed to be upon the
terms and conditions contained in this Purchase
Order.
No additional terms may be added and Purchase
Order may not be changed except by written
instrument executed by the COUNTY. VENDOR is
deemed to be on notice that the COUNTY objects
to any additional or different terms and conditions
contained in any acknowledgment, invoice or other
communication from VENDOR, notwithstanding
the COUNTY’S acceptance or payment for any
delivery of goods and/or services, or any similar
act by VENDOR.
3. Inspection
All goods and/or services delivered hereunder shall
be received subject to the COUNTY’S inspection
and approval and payment therefore shall not
constitute acceptance. All payments are subject to
adjustment for shortage or rejection. All defective
or nonconforming goods will be returned pursuant
to VENDOR'S instruction at VENDOR’S expense.
To the extent that a purchase order requires a
series of performances by VENDOR, the COUNTY
prospectively reserves the right to cancel the entire
remainder of the Purchase Order if goods and/or
services provided early in the term of the Purchase
Order are non-conforming or otherwise rejected by
the COUNTY.
4. Shipping and Invoices
a) All goods are FOB destination and must be
suitably packed and prepared to secure the
lowest transportation rates and to comply with
all carrier regulations. Risk of loss of any
goods sold hereunder shall transfer to the
COUNTY at the time and place of delivery;
provided that risk of loss prior to actual receipt
of the goods by the COUNTY nonetheless
remain with VENDOR.
b) No charges will be paid by the COUNTY for
packing, crating or cartage unless otherwise
specifically stated in this Purchase Order.
Unless otherwise provided in Purchase Order,
no invoices shall be issued nor payments
made prior to delivery. Unless freight and
other charges are itemized, any discount will
be taken on the full amount of invoice.
c) All shipments of goods scheduled on the same
day via the same route must be consolidated.
Each shipping container must be consecutively
numbered and marked to show this Purchase
Order number. The container and Purchase
Order numbers must be indicated on bill of
lading. Packing slips must show Purchase
Order number and must be included on each
package of less than container load (LCL)
shipments and/or with each car load of
equipment. The COUNTY reserves the right to
refuse or return any shipment or equipment at
VENDOR’S expense that is not marked with
Purchase Order numbers. VENDOR agrees
to declare to the carrier the value of any
shipment made under this Purchase Order and
the full invoice value of such shipment.
d) All invoices must contain the Purchase Order
number and any other specific information as
identified on the Purchase Order. Discounts of
prompt payment will be computed from the
date of receipt of goods or from date of receipt
of invoices, whichever is later. Payment will be
made upon receipt of a proper invoice and in
compliance with Chapter 218, Fla. Stats.,
otherwise known as the “Local Government
Prompt Payment Act,” and, pursuant to the
Board of County Commissioners Purchasing
Policy.
5. Time Is Of the Essence
Time for delivery of goods or performance of
services under this Purchase Order is of the
essence. Failure of VENDOR to meet delivery
schedules or deliver within a reasonable time, as
interpreted by the COUNTY in its sole judgment,
shall entitle the COUNTY to seek all remedies
available to it at law or in equity. VENDOR agrees
to reimburse the COUNTY for any expenses
incurred in enforcing its rights. VENDOR further
agrees that undiscovered delivery of
nonconforming goods and/or services is not a
waiver of the COUNTY’S right to insist upon further
compliance with all specifications.
6. Changes
The COUNTY may at any time and by written
notice make changes to drawings and
specifications, shipping instructions, quantities and
delivery schedules within the general scope of this
Purchase Order. Should any such change
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increase or decrease the cost of, or the time
required for performance of the Purchase Order,
an equitable adjustment in the price and/or delivery
schedule will be negotiated by the COUNTY and
VENDOR. Notwithstanding the foregoing,
VENDOR has an affirmative obligation to give
notice if the changes will decrease costs. Any
claims for adjustment by VENDOR must be made
within thirty (30) days from the date the change is
ordered or within such additional period of time as
may be agreed upon by the parties.
7. Warranties
VENDOR expressly warrants that the goods and/or
services covered by this Purchase Order will
conform to the specifications, drawings, samples or
other descriptions furnished or specified by the
COUNTY, and will be of satisfactory material and
quality production, free from defects and sufficient
for the purpose intended. Goods shall be delivered
free from any security interest or other lien,
encumbrance or claim of any third party. These
warranties shall survive inspection, acceptance,
passage of title and payment by the COUNTY.
8. Statutory Conformity
Goods and services provided pursuant to this
Purchase Order, and their production and
transportation shall conform to all applicable laws,
including but not limited to the Occupational Health
and Safety Act, the Federal Transportation Act and
the Fair Labor Standards Act, as well as any law or
regulation noted on the face of the Purchase
Order.
9. Advertising
No VENDOR providing goods and services to the
COUNTY shall advertise the fact that it has
contracted with the COUNTY for goods and/or
services, or appropriate or make use of the
COUNTY’S name or other identifying marks or
property without the prior written consent of the
COUNTY’S Purchasing Department.
10. Indemnification
VENDOR shall indemnify and hold harmless the
COUNTY from any and all claims, including claims
of negligence, costs and expenses, including but
not limited to attorneys' fees, arising from, caused
by or related to the injury or death of any person
(including but not limited to employees and agents
of VENDOR in the performance of their duties or
otherwise), or damage to property (including
property of the COUNTY or other persons), which
arise out of or are incident to the goods and/or
services to be provided hereunder.
11. Warranty of Non-Infringement
VENDOR represents and warrants that all goods
sold or services performed under this Purchase
Order are: a) in compliance with applicable laws; b)
do not infringe any patent, trademark, copyright or
trade secret; and c) do not constitute unfair
competition.
VENDOR shall indemnify and hold harmless the
COUNTY from and against any and all claims,
including claims of negligence, costs and expense,
including but not limited to attorneys' fees, which
arise from any claim, suit or proceeding alleging
that the COUNTY’S use of the goods and/or
services provided under this Purchase Order are
inconsistent with VENDOR'S representations and
warranties in section 11 (a).
If any claim which arises from VENDOR'S breach
of section 11 (a) has occurred, or is likely to occur,
VENDOR may, at the COUNTY’S option, procure
for the COUNTY the right to continue using the
goods or services, or replace or modify the goods
or services so that they become non-infringing,
(without any material degradation in performance,
quality, functionality or additional cost to the
COUNTY).
12. Insurance Requirements
The VENDOR, at its sole expense, shall provide
commercial insurance of such type and with such
terms and limits as may be reasonably associated
with the Purchase Order. Providing and
maintaining adequate insurance coverage is a
material obligation of the VENDOR. All insurance
policies shall be executed through insurers
authorized or eligible to write policies in the State
of Florida.
13. Compliance with Laws
In fulfilling the terms of this Purchase Order,
VENDOR agrees that it will comply with all federal,
state, and local laws, rules, codes, and ordinances
that are applicable to the conduct of its business.
By way of non-exhaustive example, this shall
include the American with Disabilities Act and all
prohibitions against discrimination on the basis of
race, religion, sex creed, national origin, handicap,
marital status, or veterans’ status. Further,
VENDOR acknowledges and without exception or
stipulation shall be fully responsible for complying
with the provisions of the Immigration Reform and
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Control Act of 1986 as located at 8 U.S.C. 1324, et
seq. and regulations relating thereto, as either may
be amended. Failure by the awarded firm(s) to
comply with the laws referenced herein shall
constitute a breach of the award agreement and
the County shall have the discretion to unilaterally
terminate said agreement immediately. Any
breach of this provision may be regarded by the
COUNTY as a material and substantial breach of
the contract arising from this Purchase Order.
14. Force Majeure
Neither the COUNTY nor VENDOR shall be
responsible for any delay or failure in performance
resulting from any cause beyond their control,
including, but without limitation to war, strikes, civil
disturbances and acts of nature. When VENDOR
has knowledge of any actual or potential force
majeure or other conditions which will delay or
threatens to delay timely performance of this
Purchase Order, VENDOR shall immediately give
notice thereof, including all relevant information
with respects to what steps VENDOR is taking to
complete delivery of the goods and/or services to
the COUNTY.
15. Assignment
VENDOR may not assign this Purchase Order, nor
any money due or to become due without the prior
written consent of the COUNTY. Any assignment
made without such consent shall be deemed void.
16. Taxes
Goods and services procured subject to this
Purchase Order are exempt from Florida sales and
use tax on real property, transient rental property
rented, tangible personal purchased or rented, or
services purchased (Florida Statutes, Chapter
212), and from federal excise tax.
17. Annual Appropriations
The COUNTY’S performance and obligation to pay
under this Purchase Order shall be contingent
upon an annual appropriation of funds.
18. Termination
This Purchase Order may be terminated at any
time by the COUNTY upon 30 days prior written
notice to the VENDOR. This Purchase Order may
be terminated immediately by the COUNTY for
breach by VENDOR of the terms and conditions of
this Purchase Order, provided that COUNTY has
provided VENDOR with notice of such breach and
VENDOR has failed to cure within 10 days of
receipt of such notice.
19. General
a) This Purchase Order shall be governed by the
laws of the State of Florida. The venue for any
action brought to specifically enforce any of the
terms and conditions of this Purchase Order
shall be the Twentieth Judicial Circuit in and for
Collier County, Florida
b) Failure of the COUNTY to act immediately in
response to a breach of this Purchase Order
by VENDOR shall not constitute a waiver of
breach. Waiver of the COUNTY by any default
by VENDOR hereunder shall not be deemed a
waiver of any subsequent default by VENDOR.
c) All notices under this Purchase Order shall be
sent to the respective addresses on the face
page by certified mail, return receipt requested,
by overnight courier service, or by personal
delivery and will be deemed effective upon
receipt. Postage, delivery and other charges
shall be paid by the sender. A party may
change its address for notice by written notice
complying with the requirements of this
section.
d) The Vendor agrees to reimbursement of any
travel expenses that may be associated with
this Purchase Order in accordance with Florida
Statute Chapter 112.061, Per Diem and Travel
Expenses for Public Officers, employees and
authorized persons.
e) In the event of any conflict between or among
the terms of any Contract Documents related
to this Purchase Order, the terms of the
Contract Documents shall take precedence
over the terms of the Purchase Order. To the
extent any terms and /or conditions of this
Purchase Order duplicate or overlap the Terms
and Conditions of the Contract Documents, the
provisions of the Terms and/or Conditions that
are most favorable to the County and/or
provide the greatest protection to the County
shall govern.
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Exhibit IV: Additional Terms and Conditions for RFP
1. Insurance Requirements
The Vendor shall at its own expense, carry and maintain insurance coverage from responsible
companies duly authorized to do business in the State of Florida as set forth in the Insurance and
Bonding attachment of this solicitation. The Vendor shall procure and maintain property insurance
upon the entire project, if required, to the full insurable value of the scope of work.
The County and the Vendor waive against each other and the County’s separate Vendors,
Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all
damages covered by property insurance provided herein, except such rights as they may have to the
proceeds of such insurance. The Vendor and County shall, where appropriate, require similar
waivers of subrogation from the County’s separate Vendors, Design Consultants and Subcontractors
and shall require each of them to include similar waivers in their contracts.
Collier County shall be responsible for purchasing and maintaining, its own liability insurance.
Certificates issued as a result of the award of this solicitation must identify “For any and all work
performed on behalf of Collier County.”
The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall
name Collier County, Florida, as an additional insured as to the operations of Vendor under this
solicitation and shall contain a severability of interests’ provisions.
Collier County Board of County Commissioners shall be named as the Certificate Holder. The
Certificates of Insurance must state the Contract Number, or Project Number, or specific Project
description, or must read: For any and all work performed on behalf of Collier County. The
"Certificate Holder" should read as follows:
Collier County Board of County Commissioners
Naples, Florida
The amounts and types of insurance coverage shall conform to the minimum requirements set forth
in the Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and
endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under
any of the below listed minimum required coverage, Vendor must identify on the Certificate of
Insurance the nature and amount of such self- insured retentions or deductibles and provide
satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or
deductibles will be Vendor’s sole responsibility.
Coverage(s) shall be maintained without interruption from the date of commencement of the Work
until the date of completion and acceptance of the scope of work by the County or as specified in this
solicitation, whichever is longer.
The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy
cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also
notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of
expiration, cancellation, non-renewal or material change in coverage or limits received by Vendor
from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide
notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor
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hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full
extent permitted under such policy.
Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County
may terminate the Agreement or at its sole discretion shall be authorized to purchase such
coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the
County for such costs within thirty (30) days after demand, the County has the right to offset these
costs from any amount due Vendor under this Agreement or any other agreement between the
County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it
be responsible for the coverage(s) purchased or the insurance company or companies used. The
decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a
waiver of any of its rights under the Contract Documents.
If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the
scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of
Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of
the Vendor to provide the County with such renewal certificate(s) shall be considered justification for
the County to terminate any and all contracts.
2. Offer Extended to Other Governmental Entities
Collier County encourages and agrees to the successful vendor extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the discretion of
the successful vendor.
3. Additional Items and/or Services
Additional items and / or services may be added to the resultant contract, or purchase order, in
compliance with the Procurement Ordinance.
4. County’s Right to Inspect
The County or its authorized Agent shall have the right to inspect the Vendor’s facilities/project site
during and after each work assignment the Vendor is performing.
5. Vendor Performance Evaluation
The County has implemented a Vendor Performance Evaluation System for all contracts awarded in
excess of $25,000. To this end, vendors will be evaluated on their performance upon
completion/termination of this Agreement.
6. Additional Terms and Conditions of Contract
Collier County has developed standard contracts/agreements, approved by the Board of County
Commissioners (BCC). The resultant contract(s) may include purchase or work orders issued under
one, or any combination of price methodologies by the County’s project manager.
The County reserves the right to include in any contract document such terms and conditions, as it
deems necessary for the proper protection of the rights of Collier County. A sample copy of this
contract is available upon request. The County will not be obligated to sign any contracts,
maintenance and/or service agreements or other documents provided by the Vendor.
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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.
7. Payment Method
Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218,
Florida Statutes. Vendor’s invoices must include:
• Purchase Order Number
• Description and quantities of the goods or services provided per instructions on the County’s
purchase order or contract.
Invoices shall be sent to:
Board of County Commissioners
Clerk’s Finance Department
ATTN: Accounts Payable
3299 Tamiami Trail E Ste 700
Naples FL 34112
Or emailed to: bccapclerk@collierclerk.com.
Collier County, in its sole discretion, will determine the method of payment for goods and/or services
as part of this agreement.
Payment methods include:
• Traditional – payment by check, wire transfer or other cash equivalent.
• Standard – payment by purchasing card. Collier County’s Purchasing Card Program is
supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is
cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules.
The County may not accept any additional surcharges (credit card transaction fees) as a result of
using the County’s credit card for transactions relating to this solicitation. The County will entertain
bids clearly stating pricing for standard payment methods. An additional separate discounted price
for traditional payments may be provided at the initial bid submittal if it is clearly marked as an
“Additional Cash Discount.”
Upon execution of the Contract and completion of each month’s work, payment requests may be
submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that
prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for
payment without prior approval from the Project manager. All invoices should be submitted within
the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.)
Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment)
unless specifically authorized by the Project Manager.
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.
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In instances where the successful contractor may owe debts (including, but not limited to taxes or
other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy
these debts, the County reserves the right to off-set the amount owed to the County by applying the
amount owed to the vendor or contractor for services performed of for materials delivered in
association with a contract.
Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the
Finance Division for payment. Payment will be made upon receipt of proper invoice and in
compliance with Chapter 218 Florida Statutes, otherwise known as the “Local Government Prompt
Payment Act.” Collier County reserves the right to withhold and/or reduce an appropriate amount of
any payment for work not performed or for unsatisfactory performance of Contractual requirements.
8. Environmental Health and Safety
All Vendors and Sub vendors performing service for Collier County are required and shall comply
with all Occupational Safety and Health Administration (OSHA), State and County Safety and
Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub
vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that
may cause injury or damage to any persons or property within and around the work site. All firewall
penetrations must be protected in order to meet Fire Codes.
Collier County Government has authorized OSHA representatives to enter any Collier County facility,
property and/or right-of-way for the purpose of inspection of any Vendor’s work operations. This
provision is non-negotiable by any department and/or Vendor.
All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device
Coordination and Arc Flash Studies where relevant as determined by the engineer.
All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE
Protective labels.
9. Licenses
The Vendor is required to possess the correct Business Tax Receipt, professional license, and any
other authorizations necessary to carry out and perform the work required by the project pursuant to
all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any
kind. Additionally, copies of the required licenses must be submitted with the proposal
response indicating that the entity proposing, as well as the team assigned to the County
account, is properly licensed to perform the activities or work included in the contract
documents. Failure on the part of any Vendor to submit the required documentation may be
grounds to deem Vendor non-responsive. A Vendor, with an office within Collier County is also
required to have an occupational license.
All State Certified contractors who may need to pull Collier County permits or call in inspections must
complete a Collier County Contractor License registration form and submit the required fee. After
registering the license/registration will need to be renewed thereafter to remain “active” in Collier
County.
If you have questions regarding professional licenses contact the Contractor Licensing at (239) 252-
2431, 252-2432 or 252-2909. Questions regarding required occupational licenses, please contact the
Tax Collector’s Office at (239) 252-2477.
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10. Principals/Collusion
By submission of this Proposal the undersigned, as Vendor, does declare that the only person or
persons interested in this Proposal as principal or principals is/are named therein and that no person
other than therein mentioned has any interest in this Proposal or in the contract to be entered into;
that this Proposal is made without connection with any person, company or parties making a
Proposal, and that it is in all respects fair and in good faith without collusion or fraud.
11. Relation of County
It is the intent of the parties hereto that the Vendor shall be legally considered an independent
Vendor, and that neither the Vendor nor their employees shall, under any circumstances, be
considered employees or agents of the County, and that the County shall be at no time legally
responsible for any negligence on the part of said Vendor, their employees or agents, resulting in
either bodily or personal injury or property damage to any individual, firm, or corporation.
12. 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
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.
13. Lobbying
All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be
lobbied, either individually or collectively about a project for which a firm has submitted a Proposal.
Firms and their agents are not to contact members of the County Commission for such purposes as
meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closing to
final Board approval, no firm or their agent shall contact any other employee of Collier County in
reference to this Proposal, with the exception of the Procurement Director or his designee(s). Failure
to abide by this provision may serve as grounds for disqualification for award of this contract to the
firm.
14. Public Records Compliance
Florida Public Records Law Chapter 119, including specifically those contractual requirements in
119.0701(2)(a)-(b) as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8383
The Contractor must specifically comply with the Florida Public Records Law to:
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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 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.
15. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501)
In order to be considered for award, firms must be registered with the Florida Department of State
Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and
provide a certificate of authority (www.sunbiz.org/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. Single Proposal
Each Vendor must submit, with their proposal, the required forms included in this RFP. Only one
proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as
a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub-
consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a
primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub-
consultant to any other firm or firms submitting under the same RFP. All submittals in violation of this
requirement will be deemed non-responsive and rejected from further consideration.
17. Survivability The Contractor agrees that any Purchase Order that extends beyond the expiration
date of Solicitation 17-7108 resultant of this solicitation will survive and remain subject to the terms
and conditions of that Agreement until the completion or termination of any Purchase Order.
18. Protest Procedures
Any prospective vendor / proposer who desires to protest any aspect(s) or provision(s) of the
solicitation (including the form of the solicitation documents or procedures) shall file their protest with
the Procurement Director prior to the time of the bid opening strictly in accordance with the County’s
then current Procurement Ordinance and policies.
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The Board of County Commissioners will make award of contract in public session. Award
recommendations will be posted outside the offices of the Procurement Services Division on
Wednesdays and Thursdays. Any actual or prospective respondent who desires to formally protest
the recommended contract award must file a notice of intent to protest with the Procurement Director
within two (2) calendar days (excluding weekends and County holidays) of the date that the
recommended award is posted.
Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be
given instructions as to the form and content requirements of the formal protest. A copy of the
"Protest Policy" is available at the office of the Procurement Director.
19. Public Entity Crime
A person or affiliate who has been placed on the convicted vendor list following a conviction for a
public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or
services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity
for the construction or repair of a public building or public work; may not submit bids, proposals, or
replies on leases of real property to a public entity; may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not
transact business with any public entity in excess of the threshold amount provided in s. 287.017 for
CATEGORY TWO for a period of 36 months following the date of being placed on the convicted
vendor list.
20. Security and Background Checks
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 costs of providing background checks by the Collier
County Facilities Management Division for all employees that shall provide services to the County
under this Agreement. This may include, but not be limited to, checking federal, state and local law
enforcement records, including a state and FBI fingerprint check, credit reports, education, residence
and employment verifications and other related records. Contractor shall be required to maintain
records on each employee and make them available to the County for at least four (4) years.
All of Contractor’s employees and subcontractors must wear Collier County Government
Identification badges at all times while performing services on County facilities and properties.
Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each
year at no cost to the Contractor during the time period in which their background check is valid, as
discussed below. All technicians shall have on their shirts the name of the contractor’s business.
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.
17-7108
RFP_Food & Beverage Concession for Collier County_12092016
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21. Conflict of Interest
Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP
document. Disclosure of any potential or actual conflict of interest is subject to County staff review
and does not in and of itself disqualify a firm from consideration. These disclosures are intended to
identify and or preclude conflict of interest situations during contract selection and execution.
22. 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.
23. Immigration Affidavit Certification
Statutes and executive orders require employers to abide by the immigration laws of the United
States and to employ only individuals who are eligible to work in the United States.
The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland
Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet-
based means of verifying employment eligibility of workers in the United States; it is not a substitute
for any other employment eligibility verification requirements. The program will be used for Collier
County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional
services and construction services.
Exceptions to the program:
• Commodity based procurement where no services are provided.
• Where the requirement for the affidavit is waived by the Board of County Commissioners
Vendors / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of
their enrollment, at the time of the submission of the vendor’s/bidder’s proposal. Acceptable
evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of
the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also
required to provide the Collier County 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 Bidder/Vendor does not comply with providing both the acceptable E-Verify evidence
and the executed affidavit the bidder’s / vendor’s proposal may be deemed non-responsive.
Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all
purchases not covered under the “Exceptions to the program” clause above.
For additional information regarding the Employment Eligibility Verification System (E-Verify) program
visit the following website: http://www.dhs.gov/E-Verify. It shall be the vendor’s responsibility to
familiarize themselves with all rules and regulations governing this program.
Vendor acknowledges, and without exception or stipulation, any f irm(s) receiving an award shall be
fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986
17-7108
RFP_Food & Beverage Concession for Collier County_12092016
23
as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and
with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the
laws referenced herein or the provisions of this affidavit shall constitute a breach of the award
agreement and the County shall have the discretion to unilaterally terminate said agreement
immediately.
24. Collier County Local Preference Policy
Collier County provides an incentive to local business to enhance the opportunities of local
businesses in the award of County contracts. In the evaluation of proposals, the County rewards
Vendors for being a local business by granting a ten (10) points incentive in the evaluation criterion
points.
Local business means the vendor has a current Business Tax Receipt issued by the Collier County
Tax Collector for at least one year prior to bid or proposal submission to do business within Collier
County, and that identifies the business with a permanent physical business address located within
the limits of Collier County from which the vendor’s staff operates and performs business in an area
zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non-
permanent structure such as a construction trailer, storage shed, or other non-permanent structure
shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a
vendor shall not be considered a "local business" unless it contributes to the economic development
and well-being of Collier County in a verifiable and measurable way. This may include, but not be
limited to, the retention and expansion of employment opportunities, support and increase to the
County's tax base, and residency of employees and principals of the business within Collier County.
Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or
proposal to be eligible for consideration as a "local business" under this section. A vendor who
misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will
lose the privilege to claim Local Preference status for a period of up to one year.
Under this solicitation proposers desiring to receive local preference will be invited and required to
affirmatively state and provide docum entation as set forth in the solicitation in support of their
status as a local business. Any proposer who fails to submit sufficient docum entation with their
proposal offer shall not be granted local preference consideration f or the purposes of that specific
contract award. Except where f ederal or state law, or any other funding source, mandates to the
contrar y, Collier County and its agencies and instrumentalities, wil l give preference to local
businesses in the following manner.
For all purchases of commodities and services procured through a competitive proposal process
and not otherwise exem pt from this local preference section, the solicitation shall include a
weighted criterion for local preference that equals 10 percent of the total points in the evaluation
criteria published in the solicitation. Purchases of prof essional services as defined and identified
under subsection 11B.2 (which are subject to Section 287.055, F.S.) and subsection 11B.3 (which
are subject to Section 11.45, F.S.) shall not be subject to this local pref e rence section.
The vendor must complete and submit with their proposal response the Affidavit for Claiming Status
as a Local Business which is included as part of this solicitation.
Failure on the part of a vendor to submit this Affidavit with their proposal response will
preclude said Vendor from being considered for local preference under this solicitation.
A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to
the County will lose the privilege to claim Local Preference status for a period of up to one year.
17-7108
RFP_Food & Beverage Concession for Collier County_12092016
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Attachment 1: 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 for prospective
Vendors not wishing to respond to this solicitation. If your firm is not responding to this RFP, please
indicate the reason(s) by checking the item(s) listed below and return this form via email or fax, noted on
the cover page, or mail to Collier County Government, Procurement Services Division, 3295
Tamiami Trail E, Naples, FL 34112.
We are not responding to Solicitation 17-7108 “Food & Beverage Concession for Collier County”
for the following reason(s):
Services requested not available through our company.
Our firm could not meet specifications/scope of work.
Specifications/scope of work not clearly understood or applicable (too vague, rigid, etc.)
Project is too small.
Insufficient time allowed for preparation of response.
Incorrect address used. Please correct mailing address:
___________________________________________________________________________
_____________________________________________________________________________
_______________________________________________________________________
Other reason(s):_____________________________________________________________
_____________________________________________________________________________
_________________________________________________________________________
___________________________________________________________________________
Name of Firm:
________________________________________________________
Address:
________________________________________________________
City, State, Zip:
________________________________________________________
Telephone:
________________________________________________________
Email:
________________________________________________________
Representative Signature:
________________________________________________________
Representative Name:
_______________________________________ Date ____________
17-7108
RFP_Food & Beverage Concession for Collier County_12092016
25
Attachment 2: Vendor Check List
IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces
indicated and return with your Proposal. Vendor should check off each of the following items as the
necessary action is completed:
The Proposal has been signed.
All applicable forms have been signed and included, along with licenses to complete the
requirements of the project.
Any addenda have been signed and included.
Name of Firm:
________________________________________________________
Address:
________________________________________________________
City, State, Zip:
________________________________________________________
Telephone:
________________________________________________________
Email:
________________________________________________________
Representative Signature:
________________________________________________________
Representative Name: _____________________________________ Date ______________
17-7108
RFP_Food & Beverage Concession for Collier County_12092016
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Attachment 3: Conflict of Interest Affidavit
The Consultant certifies that, to the best of its knowledge and belief, the past and current work on any
Collier County project affiliated with: 17-7108 Food & Beverage Concession does not pose an
organizational conflict as described by one of the three categories below:
Biased ground rules – The firm has not set the “ground rules” for affiliated past or current Collier
County project identified above (e.g., writing a procurement’s statement of work, specifications, or
performing systems engineering and technical direction for the procurement) which appears to skew
the competition in favor of my firm.
Impaired objectivity – The firm has not performed work on an affiliated past or current Collier
County project identified above to evaluate proposals / past performance of itself or a competitor,
which calls into question the contractor’s ability to render impartial advice to the government.
Unequal access to information – The firm has not had access to nonpublic information as part of
its performance of a Collier County project identified above which may have provided the contractor
(or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts.
In addition to this signed affidavit, the contractor / consultant must provide the following:
1. All documents produced as a result of the work completed in the past or currently being worked
on for the above mentioned project; and,
2. Indicate if the information produced was obtained as a matter of public record (in the “sunshine”)
or through non-public (not in the “sunshine”) conversation (s), meeting(s), document(s) and/or
other means.
3. Failure to disclose all material or having an organizational conflict in one or more of the three
categories above be identified, may result in the disqualification for future solicitations affiliated
with the above referenced project(s).
By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that,
to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned
interest or activity (financial, contractual, organizational, or otherwise) which relates to the project
identified above has been fully disclosed and does not pose an organizational conflict.
Firm: ____________________________________________________________________________________
Signature and Date:_________________________________________________________________________
Print Name: _______________________________________________________________________________
Title of Signatory: __________________________________________________________________________
State of_____________________________________ County of ____________________________________
SUBSCRIBED AND SWORN to before me this ____________ day of __________________, 20__________,
by _______________________________________________, who is personally known to me to be the
________________________________________ for the Firm, OR who produced the following identification
________________________________________.
__________________________________________________________ _____________________________
Notary Public Commission Expiration
17-7108
RFP_Food & Beverage Concession for Collier County_12092016
27
Attachment 4: Vendor Declaration Statement
BOARD OF COUNTY COMMISSIONERS
Collier County Government Complex
Naples, Florida 34112
RE: Solicitation: 17-7108 “Food & Beverage Concession for Collier County”
Dear Commissioners:
The undersigned, as Contractor declares that this proposal is made without connection or arrangement
with any other person and this proposal is in every respect fair and made in good faith, without collusion
or fraud.
The Contractor agrees, if this proposal is accepted, to execute a Collier County document for the purpose
of establishing a formal contractual relationship between the firm and Collier County, for the performance
of all requirements to which the proposal pertains. The Consultant states that the proposal is based upon
the proposal documents listed by the above referenced Solicitation 17-7108 “Food & Beverage
Concession for Collier County.”
(Proposal Continued on Next Page)
17-7108
RFP_Food & Beverage Concession for Collier County_12092016
28
PROPOSAL CONTINUED
IN WITNESS WHEREOF, WE have hereunto subscribed our names on this _____ day of _____________, 20
in the County of _______________, in the State of _____________.
Firm’s Legal Name:
Address:
City, State, Zip Code:
Florida Certificate of
Authority Document Number:
Federal Tax Identification
Number
CCR # or CAGE Code
Telephone:
FAX:
Signature by:
(Typed and written)
Title:
Additional Contact Information
Send payments to:
(required if different from above)
Company name used as payee
Contact name:
Title:
Address:
City, State, ZIP
Telephone:
FAX:
Email:
Office servicing Collier
County to place orders
(required if different from above)
Contact name:
Title:
Address:
City, State, ZIP
Telephone: _________________________________
Email _________________________________
17-7108
RFP_Food & Beverage Concession for Collier County_12092016
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Attachment 5: Affidavit for Claiming Status as a Local Business
Solicitation: 17-7108 “Food & Beverage Concession for Collier County” (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 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.
Vendor must complete the following information:
Year Business Established in Collier County or Lee County: ________
Number of Employees (Including Owner(s) or Corporate Officers):_________
Number of Employees Living in Collier County or Lee (Including Owner(s) or Corporate Officers):_________
If requested by the County, vendor will be required to provide documentation substantiating the information given in
this affidavit. Failure to do so will result in vendor’s submission being deemed not applicable.
Vendor Name: _________________________________________
Date: ________________________
Collier or Lee County Address: ___________________________________________________________
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)
17-7108
RFP_Food & Beverage Concession for Collier County_12092016
30
Attachment 6: Immigration Affidavit Certification
Solicitation:17-7108 “Food & Beverage Concession for Collier County”
This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with
formal Invitations to Bid (ITB’s) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are
required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the
time of the submission of the vendor’s/bidder’s proposal. Acceptable evidence consists of a copy of the
properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum
of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment
in the E-Verify program, may deem the Vendor / Bidder’s proposal as non-responsive.
Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized
alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section
274A(e) of the Immigration and Nationality Act (“INA”).
Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e)
of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA
shall be grounds for unilateral termination of the contract by Collier County.
Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration
Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of
Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System
(E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration
at the time of submission of the Vendor’s / Bidder’s proposal.
Company Name ____________________________________________________________________
Print Name
Title _______________________
Signature
Date _______________________
State of ___________________
County of _________________
The foregoing instrument was signed and acknowledged before me this ______day of ________________,
20___, by
_______________________________ who has produced _____________________________ as identification.
(Print or Type Name) (Type of Identification and Number)
_____________________________________
Notary Public Signature
_____________________________________
Printed Name of Notary Public
_____________________________________
Notary Commission Number/Expiration
The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy
of this affidavit to interrogatories hereinafter made.
17-7108
RFP_Food & Beverage Concession for Collier County_12092016
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Attachment 7: Vendor Substitute W – 9
Request for Taxpayer Identification Number and Certification
In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following
information for tax reporting purposes from individuals and companies who do business with the County (includin g
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 yo ur business and
return with your quote or proposal.
1. General Information (provide all information)
Taxpayer Name ___________________________________________________________________________________
(as shown on income tax return)
Business Name ___________________________________________________________________________________
(if different from taxpayer name)
Address ____________________________________ City _______________________________________________
State ______________________________________ Zip ________________________________________________
Telephone __________________ FAX ______________________ Email __________________________________
Order Information
Address ___________________________________
Remit / Payment Information
Address ____________________________________________
City __________
State ________ Zip ___________
City _____________
State _________ Zip ______________
FAX ______________________________________
Email _____________________________________
FAX ______________________________________________
Email _____________________________________________
2. Company Status (check only one)
Individual / Sole Proprietor Corporation Partnership
Tax Exempt (Federal income tax-exempt entity
under Internal Revenue Service guidelines IRC
501 (c) 3)
Limited Liability Company
Enter the tax classification
(D = Disregarded Entity, C = Corporation, P = Partnership)
3. Taxpayer Identification Number (for tax reporting purposes only)
Federal Tax Identification Number (TIN) _______________________________________________________________
(Vendors who do not have a TIN, will be required to provide a social security number prior to an award of the contract.)
4. Sign and Date Form
Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge.
Signature ___________________________________________________________
Date _________________________________
Title _______________________________________________________________
Phone Number ________________________
17-7108
RFP_Food & Beverage Concession for Collier County_12092016
32
Attachment 8: Insurance and Bonding Requirements
Insurance / Bond Type Required Limits
1. Worker’s Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Statutory Limits and Requirements
2. Employer’s Liability
$500,000 single limit per occurrence
3. Commercial General
Liability (Occurrence Form)
patterned after the current
ISO form
Bodily Injury and Property Damage
$1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury
Liability and Property Damage Liability. This shall include Premises and
Operations; Independent Contractors; Products and Completed Operations
and Contractual Liability
4. Indemnification To the maximum extent permitted by Florida law, the
Contractor/Vendor/Consultant shall indemnify and hold harmless Collier
County, its officers and employees from any and all liabilities, damages,
losses and costs, including, but not limited to, reasonable attorneys’ fees and
paralegals’ fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone
em ployed or utilized by the Contractor/Vendor/Consultant in the performance
of this Agreement. This indemnification obligation shall not be construed to
negate, abridge or reduce any other rights or remedies which otherwise may
be available to an indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence
of Collier County.
4. Automobile Liability $ 500,000 Each Occurrence; Bodily Injury & Property Damage,
Owned/Non-owned/Hired; Automobile Included
5. Other insurance as
noted:
Watercraft $ __________ Per Occurrence
United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
$ __________ Per Occurrence
Maritime Coverage (Jones Act) shall be maintained where applicable to
the completion of the work.
$ __________ Per Occurrence
Aircraft Liability coverage shall be carried in limits of not less than
$5,000,000 each occurrence if applicable to the completion of the Services
under this Agreement.
$ __________ Per Occurrence
Pollution $ __________ Per Occurrence
Professional Liability $__________ Per Occurrence
• $ 500,000 each claim and in the aggregate
• $1,000,000 each claim and in the aggregate
• $2,000,000 each claim and in the aggregate
Professional Liability $__________ per claim and in
the aggregate
• $1,000,000 per claim and in the aggregate
• $2,000,000 per claim and in the aggregate
Valuable Papers Insurance $__________ Per Occurrence
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
Payment Bonds
For projects in excess of $200,000, bonds shall be submitted with the
executed contract by Proposers receiving award, and written for 100% of the
Contract award amount, the cost borne by the Proposer receiving an award.
The Performance and Payment Bonds shall be underwritten by a surety
authorized to do business in the State of Florida and otherwise acceptable to
Owner; provided, however, the surety shall be rated as “A-“ or better as to
general policy holders rating and Class V or higher rating as to financial size
category and the amount required shall not exceed 5% of the reported policy
holders’ surplus, all as reported in the most current Best Key Rating Guide,
published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New
York 10038.
8. Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to
meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance
provisions.
9. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial
General Liability where required.
10. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County
Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance
must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all
work performed on behalf of Collier County.
11. Thirty (30) Days Cancellation Notice required.
RLC 4/20/2017
______________________________________________________________________________________________
Vendor’s Insurance Statement
We understand the insurance requirements of these specifications and that the evidence of insurability may be required
within five (5) days of the award of this solicitation.
Name of Firm
_______________________________________ Date ____________________________
Vendor Signature
_________________________________________________________________________
Print Name
_________________________________________________________________________
Insurance Agency
_________________________________________________________________________
Agent Name
_______________________________________ Telephone Number _________________
17-7108
RFP_Food & Beverage Concession for Collier County_12092016
34
Date: 6/12/17
Im
Collier County
Administrative Services Department
Procurement Services Division
Notice of Recommended Award
Solicitation: 17-7108 Title: Food & Beverage Concession for Collier County
Due Date and Time: 5/10/17 1:00 PM
Respondents:
Company Name
City County State
Bid Amount Responsive/Responsible
Zack's Food Cart Ministry
Catering Inc.
Naples Collier FL
NA YES
Utilized Local Vendor Preference: Yes = No
Recommended Vendor(s) For Award:
As per selection committee consensus, award is recommended to Zack's Food Cart Ministry Catering Inc.
Required Signatures
Project Manager: Dennis Linguidi
Procurement Strategist:
P enient Services ctor:
dward F. Coyman Jr. Date
(u-1-�-17
IN WITNESS WHEREOF, the Concessionaire and the County, have each, respectively, by an
authorized person or agent, have executed this agreement on the date and year first above
written.
ATTEST:
Dwight E. Brock, Clerk
By:
Date:
Approved as to Form and Legality:
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
By:
Penny Taylor, Chairman
Name
Tite
Witne
Namend Title
CONCESSIONAIRE:
Zack's Food Cart Ministry Catering Inc.
/
Page] 15
Agreement #17-7108
Food & Beverage Concession for Collier County
REQUEST FOR PROPOSAL
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Solicitation 17-7108
Food and Beverage Concession for Collier County
Viviana Giarimoustas
Procurement Strategist
239-252-8375 (Telephone)
VivianaGiarimoustas@colliergov.net (Email)
This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document
made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any
other legal remedies available to the Collier County Government.
Our new address is 3295 Tamiami Trail East, Naples Florida 34112
Table of Contents
LEGAL NOTICE .................................................................................................................................................................. 3
EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT ........................................................................... 4
EXHIBIT II: GENERAL RFP INSTRUCTIONS .........................................................................................................................10
EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS ....................................................................13
EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP...........................................................................................16
ATTACHMENT 1: VENDOR’S NON-RESPONSE STATEMENT ...............................................................................................25
ATTACHMENT 2: VENDOR CHECK LIST .............................................................................................................................26
ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT ........................................................................................................27
ATTACHMENT 4: VENDOR DECLARATION STATEMENT ....................................................................................................28
ATTACHMENT 5: AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS ....................................................................30
ATTACHMENT 6: IMMIGRATION AFFIDAVIT CERTIFICATION ...........................................................................................31
ATTACHMENT 7: VENDOR SUBSTITUTE W – 9 .................................................................................................................32
ATTACHMENT 8: INSURANCE AND BONDING REQUIREMENTS ........................................................................................33
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Legal Notice
Sealed Proposals to provide Food Concession Services will be received until 1:00 PM Naples local
time, on May 10, 2017 at the Collier County Government, Procurement Services Division, 3295
Tamiami Trail E, Naples, FL 34112.
Solicitation
17-7108
“Food & Beverage Concession for Collier County”
Services to be provided may include, but not be limited to the following: food concession services for the
Collier County Board of County Commissioners.
A non-mandatory pre-proposal conference will be held on May 2, 2017, commencing promptly at 4:00
PM, and will be held in the Procurement Services Division Conference Room, Collier County
Government, Procurement Services Division, 3295 Tamiami Trail E, Naples, FL 34112. If this pre-
proposal conference is denoted as “mandatory”, prospective Vendors must be present in order to
submit a proposal response.
All statements shall be made upon the official proposal form which may be obtained on the Collier
County Procurement Services Division Online Bidding System website: www.colliergov.net/bid.
Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability
or marital status.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
BY: /S/ Edward F. Coyman, Jr.
Director, Procurement Services
This Public Notice was posted on the Collier County Procurement Services Division website:
www.colliergov.net/purchasing and in the Lobby of Procurement Services Division Building, Collier
County Government Center on April 21, 2017.
Our new address is 3295 Tamiami Trail East, Naples Florida 34112
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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 Request for Proposal (hereinafter, “RFP”) with the intent of
obtaining proposals from interested and qualified firms offering to provide food concessions services
in accordance with the specifications stated and/or attached herein/hereto. The successful proposer
will hereinafter be referred to as the “Contractor.”
The results of this solicitation may be used by other County departments once awarded according to
the Board of County Commissioners Procurement Ordinance, as amended.
If awarded, a contract to provide these services will be effective on the date contract is approved by
the Board of County Commissioners (herein after, the BCC), signed by all required parties and filed in
the Office of Records and Minutes. The anticipated contract term will be for the period of sixty (60)
months. Additionally, by mutual agreement and funding availability, the contract may be renewed for
one term of sixty months. In no event, including renewal options, shall the contract exceed ten years.
An award, if made, will be made to the best overall proposer(s) whose proposal is most advantageous
to the County, taking into consideration the evaluation factors set forth in this RFP. The County will
not use any other factors or criteria in the evaluation of the proposals received.
Brief Description of Purchase
The purpose of this specification is to obtain proposals from vendors interested in providing food
concession services for the Collier County Board of County Commissioners. Historically the county
has received 16% of gross revenue from concession services with an annual sales of around
$105,000, however this may not be indicative of any future sales patterns.
Background
The Collier County Board of County Commissioners requests proposals from properly licensed and
insured companies to provide the following services:
Food and Beverage Concessions for Collier County facilities including but not limited to:
1. The Collier County Government Center located between East Tamiami Trail, Airport- Pulling Road
and Palm Drive. There are approximately 1000 employees on the site each day during regular
working hours (7 am to 5 pm) as well as members of the public who conduct business at the various
buildings during the same hours. The complex consists of multiple buildings including the Courthouse
(which includes weekly jury duty service), Tax Collector, Health Services and Sheriff’s Office and jail
visitation center, and other business offices open to the public. The number of people on campus
each day is variable, but estimated at 2500. The utilization of the proposed concession would be
based on this combined figure. There is very little off-site traffic due to the location of the food
concession.
2. Other Collier County Government locations: This solicitation is for food concession services only at
the facility identified on the main campus location map (attachment provided) and is not related to any
other existing or future concession opportunities. The County currently utilizes other food service
providers under separate agreement for other County locations and also utilizes food truck providers
at the main campus location and other locations as required. The County also operates a farmers
market on the main campus one day per week.
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3. Additional services required may include: catering and delivery, emergency activations and events,
training seminars or meetings, open houses, ground breaking ceremonies, dedications, special
occasions, County picnics, employee appreciation lunches, and other events or locations deemed
necessary. This contract does not provide exclusivity for these services.
Detailed Scope of Work
The County is seeking the services of recognized local, regional, or national commercial food
providers/chains to develop, manage and operate food and snack services located in the main
government complex. It is the intent of the County for the successful proposer to provide a full-service
food and snack service during normal business hours (7 a.m. to 5 p.m.). Successful proposers will
offer high-quality, freshly prepared food and beverage choices at competitive and reasonable prices.
Food choices should include, but not limited to; American style (Burgers, Sandwiches, Fries, Pizza,
etc.), Mexican, Home Cooking, BBQ, Cuban, Pastries, and/or healthy options such as a variety of
salads and snacks. Beverage options should include, but not limited to; coffee, bottled water, iced and
hot tea, sodas and/or sports/energy drinks. At least 10% of the food selections should be organic
and/or locally produced to the extent possible. Additionally proposers are expected to work with the
County to offer food options that complement the County’s Wellness Program and are encouraged to
offer a diverse selection of both breakfast and lunch type food items in order to maximize the
customer utilization of the concession. The successful proposer will be able to “contract out” special
events as necessary with advanced approval from Facilities Management’s Director or his designee.
The existing food concession space consists of a free-standing building of approximately 770 square
feet, which includes large built in refrigerator, sink, and electrical outlets (attachment provided). All
other equipment necessary to provide service is required to be supplied by vendor. Current vendor
prepares all food offsite. Water and electric service cost will be the responsibility of the County as
there are not separate meters for the building. The location of the food concession space is subject to
relocation if deemed necessary by the County but will conform to the same general specifications.
Successful proposers shall provide all capital improvements and any and all equipment necessary for
day to day operation of the concession. All improvements must be approved in advance and in writing
by the Director of Facilities Management or his designee.
Term of Contract
The contract term, if an award(s) is/are made is intended to be for three (3) years with two (2) one
year renewal options. Prices shall remain firm for the initial term of this contract.
The County’s intent is to negotiate an agreement with the number one ranked firm.
Surcharges will not be accepted in conjunction with this contract, and such charges should be
incorporated into the pricing structure.
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Projected Solicitation Timetable
The following projected timetable should be used as a working guide for planning purposes only. The
County reserves the right to adjust this timetable as required during the course of the RFP process.
Event Date
Issue Solicitation Notice 4/21/17
Last Date for Receipt of Written Questions 5/3/17, 1:00 PM,
Naples Local Time
Pre-proposal meeting 5/2/17, 4:00 PM,
Naples Local Time
and Locations
Addendum Issued Resulting from Written Questions or Pre-
Proposal Conference
5/4/17
Solicitation Deadline Date and Time 5/10/17, 1:00 PM,
Naples Local Time
Anticipated Evaluation of Submittals 5/12/17 – 5/26/17
Anticipated Completion of Contract Negotiations 6/2/17
Anticipated Board of County Commissioner’s Contract
Approval Date
7/11/17
Response Format
The Vendor understands and agrees to abide by all of the RFP specifications, provisions, terms
and conditions of same, and all ordinances and policies of Collier County. The Vendor further
agrees that if it is awarded a contract, the work will be performed in accordance with the
provisions, terms and conditions of the contract.
To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the
guidelines set forth in this RFP.
Any portions of the proposal that do not comply with these guidelines must be so noted and
explained in the Acceptance of Conditions section of the proposal. However, any proposal that
contains such variances may be considered non-responsive.
The items listed below shall be submitted with each proposal and should be submitted in the order
shown. Each section should be clearly labeled, with pages numbered and separated by tabs.
Failure by a Vendor to include all listed items may result in the rejection of its proposal.
1. Tab I, Similar Experience (10 points)
Proposers shall provide, in detail, their credentials in providing food and beverage concession
services and any information which documents successful and reliable experience in past
performance, especially those performances related to the requirements of this Request for
Proposal. Include a description of the proposer’s business history and number of years in
operation. Related experience shall be restricted to those assignments undertaken within the last
(5) years that are similar in scope.
2. Tab II, Management and Operation Plan (20 points)
The operation of the Concession Operations Area (COA) by the Concessionaire will be done in a
manner consistent with the highest standards achievable. The County will allow Concessionaire
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and their employees the ability to operate within the premises in a safe and orderly manner. In
addition, the concessionaire is expected to start operations at least thirty-minutes prior to
scheduled starting time.
The Concession operation tasks may include but are not limited to:
• Sale of retail food, beverages and merchandise as identified by the County’s contract
manager.
• Ensure that the foods, beverages offered are fresh; and that retail merchandise is relevant and
up-to-date.
• Cash management and deposit of funds.
• Credit/debit card processing capabilities.
• Maintenance of safe and clean areas for the production of foods and beverages to be sold to
retail customers, and housekeeping of areas surrounding the sales operation.
• Maintenance of current required licenses and permits, including but not limited to Business
Tax Receipt, Mobile Food Dispensing Vehicle (MFDV) license, and/or Catering License.
The Concessionaire shall employ people to work at this facility who are neat, clean, well groomed
and courteous to the guests being served, and County employees. Subject to the American with
Disabilities Act, Concessionaire shall supply competent employees, who are physically capable of
performing their employment duties and the County may require the Concessionaire to remove an
employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose
continued employment on Collier County property is not in the best interest of the County. All
Concessionaire employees shall wear shirts and shorts or pants with the Concessionaire's logo or
other identifying marking (such as identification badge).
If the County has reasonable evidence to believe that any employee of the Concessionaire is
incompetent, disorderly or otherwise has performed his/her duties in an objectionable manner, the
County will provide the Concessionaire with a written report and expect the Concessionaire to fully
investigate the allegation(s) and take the appropriate action.
In the event of a safety or security accident or incident to employees, visitors, and/or property the
Concessionaire must communicate to Facilities Management immediately followed by a written
incident report (forms will be provided to the awarded Concessionaire.)
3. Tab III, Food Service Concept (10 points)
Food service concept, including a list of proposed menu items indicating portion size and price for
each item. Collier County’s Wellness Program is a central station for County employees to find all
wellness related information.
Collier County Government’s Wellness program fosters a worksite culture that supports
employees and their spouse’s desire to make healthy lifestyle choices that encourages personal
and professional productivity to enhance their physical and mental well-being.
The County’s Wellness program will offer food recommendations with the goal of promoting and
increasing the prevalence of healthy food and beverages choices. The Wellness program will also
market the concessions healthier meal options in their monthly newsletters.
Food products/options offered should be guided by the following healthier guidelines for at least
25-50% of their menu options with price of those healthy options relatively lower than less healthy
options, when possible:
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• All products purchased contain 0g of trans fats.
• All individual items have ≤ 480mg sodium per serving, unless otherwise indicated.
• No purchase of food products prepared by deep frying.
• Whole grain options offered on menu
• Beverages: At least 50% of the beverage options must be made up of one or more of the
following:
• Water, including carbonated
• Plain (no added flavor or sugar) non-fat or 1% low fat dairy milk
• Plant-derived milk (e.g. soy, rice, almond) with 130 or less calories per 8 oz serving
• Low-calorie beverages that do not exceed 40 calories per 8 oz serving
• Non-sweetened tea or coffee
• Entrée Salads made with lean meats and low fat cheeses
• Vegetarian options such as turkey burger, bean burgers, or hummus and vegetable wraps
• No alcohol related products and/or advertisement.
4. Tab IV, Capital Investment Commitment (10 points)
Design of Facility: Provide a narrative description of proposed concept including overall design
concep t for the space including the proposed design for the inside and outside of the building
and a description of capital improvements to the site.
Proposers shall indicate the earliest dates that the proposer can reasonably expect to; (1)
begin construction; (2) complete construction; and (3) open the concession.
Under the agreement, the Concessionaire will be permitted to make capital improvements to
the facility with the written approval of the Director of Facilities Management. All capital
improvements will become the property of Collier County at the end of the terms of the
agreement.
5. Tab V, Transition Plan for Existing Staff (20 points)
Proposer shall provide a plan for participation to existing staff into proposed operations.
6. Tab VI Revenue Plan (20 points)
The successful Concessionaire will provide food service, beverage, and miscellaneous sales
operations for a monthly commission returned to the County.
The Concessionaire will be required to submit written monthly reports specific to COA facility
by the fifteenth (15th) day of the following month that contain the following information:
• Certified Monthly Sales Report: A summary report which identifies the total:
o Monthly gross sales by category (i.e. food, beverage, ice cream/frozen,
merchandise, etc.);
o Tax dollars for the gross sales;
o Copy of State Sales and Use Tax Report for the same accounting period;
o Sales dollars less tax,
o Credit card number of transactions and dollar amount;
o Cash number of transactions and dollar amount; and,
o A written certification statement which contains a statement similar to the following:
“To the best of my knowledge, The Certified Monthly Sales Report, and any
additional reports attached hereto, are accurate and reflect the sales and
commission owed to the County.”
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o A Report showing daily attendance figures and weather conditions
o Proposed percentage of revenue to the County
7. Tab VII Acceptance of Conditions
Indicate any exceptions to the general terms and conditions of the RFP, and to insurance
requirements or any other requirements listed in the RFP. If no exceptions are indicated in this
tabbed section, it will be understood that no exceptions to these documents will be considered
after the award, or if applicable, during negotiations.
8. Tab VIII Required Form Submittals
• Attachment 2: Vendor Check List
• Attachment 3: Conflict of Interest Affidavit
• Attachment 4: Vendor Declaration Statement
• Attachment 5: Affidavit for Claiming Status as a Local Business
• Attachment 6: Immigration Affidavit Certification
• Attachment 7: Vendor Substitute W-9
• Attachment 8: Insurance and Bonding Requirements
• Attachment 9: Reference Questionnaire
• Attachment 10: i.e. signed addenda, licenses or certifications, promotional materials,
etc.
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Exhibit II: General RFP Instructions
1. Questions
Direct questions related to this RFP to the Collier County Procurement Services Division Online
Bidding System website: www.colliergov.net/bid. Vendors must clearly understand that the only
official answer or position of the County will be the one stated on the Collier County Procurement
Services Division Online Bidding System website. For general questions, please call the
referenced Procurement Strategist noted on the cover page.
2. Pre-Proposal Conference
The purpose of the pre-proposal conference is to allow an open forum for discussion and
questioning with County staff regarding this RFP with all prospective Vendors having an equal
opportunity to hear and participate. Oral questions will receive oral responses, neither of which will
be official, nor become part of the RFP. Only written responses to written questions will be
considered official, and will be included as part of this RFP as an addendum.
All prospective Vendors are strongly encouraged to attend, as, this will usually be the only pre-
proposal conference for this solicitation. If this pre-proposal conference is denoted as “mandatory”,
prospective Vendors must be present in order to submit a proposal response.
3. Compliance with the RFP
Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the
RFP may result in disqualification.
4. Ambiguity, Conflict, or Other Errors in the RFP
It is the sole responsibility of the Vendor if the Vendor discovers any ambiguity, conflict,
discrepancy, omission or other error in the RFP, to immediately notify the Procurement Strategist,
noted herein, of such error in writing and request modification or clarification of the document prior
to submitting the proposal. The Procurement Strategist will make modifications by issuing a written
revision and will give written notice to all parties who have received this RFP from the
Procurement Services Division.
5. Proposal, Presentation, and Protest Costs
The County will not be liable in any way for any costs incurred by any Vendor in the preparation of
its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in
any discussions, negotiations, or, if applicable, any protest procedures.
6. Delivery of Proposals
All proposals are to be uploaded on the County’s on line bidding system (www.colliergov.net/bid)
before 1:00 PM, Naples local time, on or before May 12, 2017.
7. Validity of Proposals
No proposal can be withdrawn after it is filed unless the Vendor makes their request in writing to
the County prior to the time set for the closing of Proposals. All proposals shall be valid for a
period of one hundred eighty (180) days from the submission date to accommodate evaluation
and selection process.
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8. Evaluation of Proposals
The County’s procedure for selecting is as follows:
1. The County Manager or designee shall appoint a selection committee to review all
proposals submitted.
2. The Request for Proposal is issued.
3. Subsequent to the closing date for the proposals, the Procurement professional will
conduct a preliminary review of the proposals received and review each proposal to
determine if it’s responsive to the requirements of the published RFP.
4. Selection committee meetings will be open to the public and the Procurement professional
will publicly post notice of such meeting(s) in the lobby of the Procurement Services
Division Building, County calendar and on the County’s Procurement Services Internet site.
Public meeting dates and times should be posted with at least three (3) days in advance
on the County’s website calendar.
5. Selection committee members will independently review and score each proposal based
on the evaluation criteria stated in the request for proposal using the Individual Selection
Committee Score and Rank Form. Committee members will individually prepare
comments for discussion at the next meeting. The Individual Selection Committee Score
and Rank Form is merely a tool to assist the selection committee member in their review of
the proposals. Although it is a tool, the signed form will become part of the final
procurement record.
6. At the scheduled selection meeting, the members will present their independent
conclusions and comments based on their reading and interpretation of the materials
presented to each other, and they may ask questions of one another
7. The Selection Committee reserves the right to hold oral presentations and establish a rank
order for presentations. In any of the selection committee meeting deliberations, by
consensus, members may request to invite firms in to clarify their proposals, ask for
additional information, present materials, interview, and ask questions, etc. The members
may consider any and all information obtained through this method in formulating their
individual ranking and subsequent selection committee overall ranking and final ranking.
8. Once the individual ranking has been completed, the Procurement professional will direct
selection committee members to read their individual ranking publically. The Procurement
professional will record individual rankings on the Final Ranking Sheet which will
mathematically compile into an overall selection committee rank of proposers. Once final
rank is completed by the Committee, the public will be permitted to provide comments
(limited to three (3) minutes).
9. After final consensus of the ranking, staff will subsequently enter into negotiations.
Recommendation of contract award is dependent upon the successful and full execution of
a mutually agreed contract, pending the final approval by the Board of County
Commissioners.
The County reserves the right to withdraw this RFP at any time and for any reason, and to issue
such clarifications, modifications, and/or amendments as it may deem appropriate. Receipt of a
proposal by the County or a submission of a proposal to the County offers no rights upon the
Vendor nor obligates the County in any manner. Acceptance of the proposal does not guarantee
issuance of any other governmental approvals. Proposals which include provisions requiring the
granting of zoning variances shall not be considered.
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9. References
The County reserves the right to contact any and all references pertaining to this solicitation and
related proposal.
10. Proposal Selection Committee and Evaluation Factors
The County Manager shall appoint a Selection Committee to review all proposals submitted. The
factors to be considered in the evaluation of proposal responses are listed below.
Tab I, Similar Experience 10
Tab II, Management and Operation Plan 20
Tab III, Food Service Concept 10
Tab IV, Capital Investment Commitment 10
Tab V, Transition Plan for Existing Staff 20
Tab VI, Revenue Plan 20
Local Vendor Preference 10
TOTAL 100
Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the firm with
the lowest paid dollars by Collier County to the vendor (as obtained from the County’s financial
system) within the last five (5) years will receive the higher individual ranking. If there is a multiple
firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall
receive the higher ranking, the firm with the next lowest volume of work shall receive the next
highest ranking and so on.
11. Acceptance or Rejection of Proposals
The right is reserved by the County to waive any irregularities in any proposal, to reject any or all
proposals, to re-solicit for proposals, if desired, and upon recommendation and justification by
Collier County to accept the proposal which in the judgment of the County is deemed the most
advantageous for the public and the County of Collier.
Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind,
may be cause for rejection. In the event of default of the successful Vendor, or their refusal to
enter into the Collier County contract, the County reserves the right to accept the proposal of the
second ranked firm or to re-advertise using the same or revised documentation, at its sole
discretion.
12. Reserved Rights
Collier County reserves its right in any solicitation to accept or reject any or all bids, proposals or
offers; to waive minor irregularities and technicalities; or to request resubmission. Also Collier
County reserves the right to accept all or any part of any bid, proposal, or offer, and to increase or
decrease quantities to meet the additional or reduced requirements of Collier County. Collier
County reserves its right to cancel, extend or modify any or all bids, proposals or offers; to award
to one or more vendors; to award all or part of a solicitation; and to award by individual line items
when it is deemed to be in the best interest of the County. Collier County reserves its right to reject
any sole response.
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Exhibit III: Collier County Purchase Order Terms and Conditions
1. Offer
This offer is subject to cancellation by the
COUNTY without notice if not accepted by
VENDOR within fourteen (14) days of issuance.
2. Acceptance and Confirmation
This Purchase Order (including all documents
attached to or referenced therein) constitutes the
entire agreement between the parties, unless
otherwise specifically noted by the COUNTY on
the face of this Purchase Order. Each delivery of
goods and/or services received by the COUNTY
from VENDOR shall be deemed to be upon the
terms and conditions contained in this Purchase
Order.
No additional terms may be added and Purchase
Order may not be changed except by written
instrument executed by the COUNTY. VENDOR is
deemed to be on notice that the COUNTY objects
to any additional or different terms and conditions
contained in any acknowledgment, invoice or other
communication from VENDOR, notwithstanding
the COUNTY’S acceptance or payment for any
delivery of goods and/or services, or any similar
act by VENDOR.
3. Inspection
All goods and/or services delivered hereunder shall
be received subject to the COUNTY’S inspection
and approval and payment therefore shall not
constitute acceptance. All payments are subject to
adjustment for shortage or rejection. All defective
or nonconforming goods will be returned pursuant
to VENDOR'S instruction at VENDOR’S expense.
To the extent that a purchase order requires a
series of performances by VENDOR, the COUNTY
prospectively reserves the right to cancel the entire
remainder of the Purchase Order if goods and/or
services provided early in the term of the Purchase
Order are non-conforming or otherwise rejected by
the COUNTY.
4. Shipping and Invoices
a) All goods are FOB destination and must be
suitably packed and prepared to secure the
lowest transportation rates and to comply with
all carrier regulations. Risk of loss of any
goods sold hereunder shall transfer to the
COUNTY at the time and place of delivery;
provided that risk of loss prior to actual receipt
of the goods by the COUNTY nonetheless
remain with VENDOR.
b) No charges will be paid by the COUNTY for
packing, crating or cartage unless otherwise
specifically stated in this Purchase Order.
Unless otherwise provided in Purchase Order,
no invoices shall be issued nor payments
made prior to delivery. Unless freight and
other charges are itemized, any discount will
be taken on the full amount of invoice.
c) All shipments of goods scheduled on the same
day via the same route must be consolidated.
Each shipping container must be consecutively
numbered and marked to show this Purchase
Order number. The container and Purchase
Order numbers must be indicated on bill of
lading. Packing slips must show Purchase
Order number and must be included on each
package of less than container load (LCL)
shipments and/or with each car load of
equipment. The COUNTY reserves the right to
refuse or return any shipment or equipment at
VENDOR’S expense that is not marked with
Purchase Order numbers. VENDOR agrees
to declare to the carrier the value of any
shipment made under this Purchase Order and
the full invoice value of such shipment.
d) All invoices must contain the Purchase Order
number and any other specific information as
identified on the Purchase Order. Discounts of
prompt payment will be computed from the
date of receipt of goods or from date of receipt
of invoices, whichever is later. Payment will be
made upon receipt of a proper invoice and in
compliance with Chapter 218, Fla. Stats.,
otherwise known as the “Local Government
Prompt Payment Act,” and, pursuant to the
Board of County Commissioners Purchasing
Policy.
5. Time Is Of the Essence
Time for delivery of goods or performance of
services under this Purchase Order is of the
essence. Failure of VENDOR to meet delivery
schedules or deliver within a reasonable time, as
interpreted by the COUNTY in its sole judgment,
shall entitle the COUNTY to seek all remedies
available to it at law or in equity. VENDOR agrees
to reimburse the COUNTY for any expenses
incurred in enforcing its rights. VENDOR further
agrees that undiscovered delivery of
nonconforming goods and/or services is not a
waiver of the COUNTY’S right to insist upon further
compliance with all specifications.
6. Changes
The COUNTY may at any time and by written
notice make changes to drawings and
specifications, shipping instructions, quantities and
delivery schedules within the general scope of this
Purchase Order. Should any such change
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increase or decrease the cost of, or the time
required for performance of the Purchase Order,
an equitable adjustment in the price and/or delivery
schedule will be negotiated by the COUNTY and
VENDOR. Notwithstanding the foregoing,
VENDOR has an affirmative obligation to give
notice if the changes will decrease costs. Any
claims for adjustment by VENDOR must be made
within thirty (30) days from the date the change is
ordered or within such additional period of time as
may be agreed upon by the parties.
7. Warranties
VENDOR expressly warrants that the goods and/or
services covered by this Purchase Order will
conform to the specifications, drawings, samples or
other descriptions furnished or specified by the
COUNTY, and will be of satisfactory material and
quality production, free from defects and sufficient
for the purpose intended. Goods shall be delivered
free from any security interest or other lien,
encumbrance or claim of any third party. These
warranties shall survive inspection, acceptance,
passage of title and payment by the COUNTY.
8. Statutory Conformity
Goods and services provided pursuant to this
Purchase Order, and their production and
transportation shall conform to all applicable laws,
including but not limited to the Occupational Health
and Safety Act, the Federal Transportation Act and
the Fair Labor Standards Act, as well as any law or
regulation noted on the face of the Purchase
Order.
9. Advertising
No VENDOR providing goods and services to the
COUNTY shall advertise the fact that it has
contracted with the COUNTY for goods and/or
services, or appropriate or make use of the
COUNTY’S name or other identifying marks or
property without the prior written consent of the
COUNTY’S Purchasing Department.
10. Indemnification
VENDOR shall indemnify and hold harmless the
COUNTY from any and all claims, including claims
of negligence, costs and expenses, including but
not limited to attorneys' fees, arising from, caused
by or related to the injury or death of any person
(including but not limited to employees and agents
of VENDOR in the performance of their duties or
otherwise), or damage to property (including
property of the COUNTY or other persons), which
arise out of or are incident to the goods and/or
services to be provided hereunder.
11. Warranty of Non-Infringement
VENDOR represents and warrants that all goods
sold or services performed under this Purchase
Order are: a) in compliance with applicable laws; b)
do not infringe any patent, trademark, copyright or
trade secret; and c) do not constitute unfair
competition.
VENDOR shall indemnify and hold harmless the
COUNTY from and against any and all claims,
including claims of negligence, costs and expense,
including but not limited to attorneys' fees, which
arise from any claim, suit or proceeding alleging
that the COUNTY’S use of the goods and/or
services provided under this Purchase Order are
inconsistent with VENDOR'S representations and
warranties in section 11 (a).
If any claim which arises from VENDOR'S breach
of section 11 (a) has occurred, or is likely to occur,
VENDOR may, at the COUNTY’S option, procure
for the COUNTY the right to continue using the
goods or services, or replace or modify the goods
or services so that they become non-infringing,
(without any material degradation in performance,
quality, functionality or additional cost to the
COUNTY).
12. Insurance Requirements
The VENDOR, at its sole expense, shall provide
commercial insurance of such type and with such
terms and limits as may be reasonably associated
with the Purchase Order. Providing and
maintaining adequate insurance coverage is a
material obligation of the VENDOR. All insurance
policies shall be executed through insurers
authorized or eligible to write policies in the State
of Florida.
13. Compliance with Laws
In fulfilling the terms of this Purchase Order,
VENDOR agrees that it will comply with all federal,
state, and local laws, rules, codes, and ordinances
that are applicable to the conduct of its business.
By way of non-exhaustive example, this shall
include the American with Disabilities Act and all
prohibitions against discrimination on the basis of
race, religion, sex creed, national origin, handicap,
marital status, or veterans’ status. Further,
VENDOR acknowledges and without exception or
stipulation shall be fully responsible for complying
with the provisions of the Immigration Reform and
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Control Act of 1986 as located at 8 U.S.C. 1324, et
seq. and regulations relating thereto, as either may
be amended. Failure by the awarded firm(s) to
comply with the laws referenced herein shall
constitute a breach of the award agreement and
the County shall have the discretion to unilaterally
terminate said agreement immediately. Any
breach of this provision may be regarded by the
COUNTY as a material and substantial breach of
the contract arising from this Purchase Order.
14. Force Majeure
Neither the COUNTY nor VENDOR shall be
responsible for any delay or failure in performance
resulting from any cause beyond their control,
including, but without limitation to war, strikes, civil
disturbances and acts of nature. When VENDOR
has knowledge of any actual or potential force
majeure or other conditions which will delay or
threatens to delay timely performance of this
Purchase Order, VENDOR shall immediately give
notice thereof, including all relevant information
with respects to what steps VENDOR is taking to
complete delivery of the goods and/or services to
the COUNTY.
15. Assignment
VENDOR may not assign this Purchase Order, nor
any money due or to become due without the prior
written consent of the COUNTY. Any assignment
made without such consent shall be deemed void.
16. Taxes
Goods and services procured subject to this
Purchase Order are exempt from Florida sales and
use tax on real property, transient rental property
rented, tangible personal purchased or rented, or
services purchased (Florida Statutes, Chapter
212), and from federal excise tax.
17. Annual Appropriations
The COUNTY’S performance and obligation to pay
under this Purchase Order shall be contingent
upon an annual appropriation of funds.
18. Termination
This Purchase Order may be terminated at any
time by the COUNTY upon 30 days prior written
notice to the VENDOR. This Purchase Order may
be terminated immediately by the COUNTY for
breach by VENDOR of the terms and conditions of
this Purchase Order, provided that COUNTY has
provided VENDOR with notice of such breach and
VENDOR has failed to cure within 10 days of
receipt of such notice.
19. General
a) This Purchase Order shall be governed by the
laws of the State of Florida. The venue for any
action brought to specifically enforce any of the
terms and conditions of this Purchase Order
shall be the Twentieth Judicial Circuit in and for
Collier County, Florida
b) Failure of the COUNTY to act immediately in
response to a breach of this Purchase Order
by VENDOR shall not constitute a waiver of
breach. Waiver of the COUNTY by any default
by VENDOR hereunder shall not be deemed a
waiver of any subsequent default by VENDOR.
c) All notices under this Purchase Order shall be
sent to the respective addresses on the face
page by certified mail, return receipt requested,
by overnight courier service, or by personal
delivery and will be deemed effective upon
receipt. Postage, delivery and other charges
shall be paid by the sender. A party may
change its address for notice by written notice
complying with the requirements of this
section.
d) The Vendor agrees to reimbursement of any
travel expenses that may be associated with
this Purchase Order in accordance with Florida
Statute Chapter 112.061, Per Diem and Travel
Expenses for Public Officers, employees and
authorized persons.
e) In the event of any conflict between or among
the terms of any Contract Documents related
to this Purchase Order, the terms of the
Contract Documents shall take precedence
over the terms of the Purchase Order. To the
extent any terms and /or conditions of this
Purchase Order duplicate or overlap the Terms
and Conditions of the Contract Documents, the
provisions of the Terms and/or Conditions that
are most favorable to the County and/or
provide the greatest protection to the County
shall govern.
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Exhibit IV: Additional Terms and Conditions for RFP
1. Insurance Requirements
The Vendor shall at its own expense, carry and maintain insurance coverage from responsible
companies duly authorized to do business in the State of Florida as set forth in the Insurance and
Bonding attachment of this solicitation. The Vendor shall procure and maintain property insurance
upon the entire project, if required, to the full insurable value of the scope of work.
The County and the Vendor waive against each other and the County’s separate Vendors,
Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all
damages covered by property insurance provided herein, except such rights as they may have to the
proceeds of such insurance. The Vendor and County shall, where appropriate, require similar
waivers of subrogation from the County’s separate Vendors, Design Consultants and Subcontractors
and shall require each of them to include similar waivers in their contracts.
Collier County shall be responsible for purchasing and maintaining, its own liability insurance.
Certificates issued as a result of the award of this solicitation must identify “For any and all work
performed on behalf of Collier County.”
The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall
name Collier County, Florida, as an additional insured as to the operations of Vendor under this
solicitation and shall contain a severability of interests’ provisions.
Collier County Board of County Commissioners shall be named as the Certificate Holder. The
Certificates of Insurance must state the Contract Number, or Project Number, or specific Project
description, or must read: For any and all work performed on behalf of Collier County. The
"Certificate Holder" should read as follows:
Collier County Board of County Commissioners
Naples, Florida
The amounts and types of insurance coverage shall conform to the minimum requirements set forth
in the Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and
endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under
any of the below listed minimum required coverage, Vendor must identify on the Certificate of
Insurance the nature and amount of such self- insured retentions or deductibles and provide
satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or
deductibles will be Vendor’s sole responsibility.
Coverage(s) shall be maintained without interruption from the date of commencement of the Work
until the date of completion and acceptance of the scope of work by the County or as specified in this
solicitation, whichever is longer.
The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy
cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also
notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of
expiration, cancellation, non-renewal or material change in coverage or limits received by Vendor
from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide
notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor
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hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full
extent permitted under such policy.
Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County
may terminate the Agreement or at its sole discretion shall be authorized to purchase such
coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the
County for such costs within thirty (30) days after demand, the County has the right to offset these
costs from any amount due Vendor under this Agreement or any other agreement between the
County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it
be responsible for the coverage(s) purchased or the insurance company or companies used. The
decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a
waiver of any of its rights under the Contract Documents.
If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the
scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of
Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of
the Vendor to provide the County with such renewal certificate(s) shall be considered justification for
the County to terminate any and all contracts.
2. Offer Extended to Other Governmental Entities
Collier County encourages and agrees to the successful vendor extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the discretion of
the successful vendor.
3. Additional Items and/or Services
Additional items and / or services may be added to the resultant contract, or purchase order, in
compliance with the Procurement Ordinance.
4. County’s Right to Inspect
The County or its authorized Agent shall have the right to inspect the Vendor’s facilities/project site
during and after each work assignment the Vendor is performing.
5. Vendor Performance Evaluation
The County has implemented a Vendor Performance Evaluation System for all contracts awarded in
excess of $25,000. To this end, vendors will be evaluated on their performance upon
completion/termination of this Agreement.
6. Additional Terms and Conditions of Contract
Collier County has developed standard contracts/agreements, approved by the Board of County
Commissioners (BCC). The resultant contract(s) may include purchase or work orders issued under
one, or any combination of price methodologies by the County’s project manager.
The County reserves the right to include in any contract document such terms and conditions, as it
deems necessary for the proper protection of the rights of Collier County. A sample copy of this
contract is available upon request. The County will not be obligated to sign any contracts,
maintenance and/or service agreements or other documents provided by the Vendor.
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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.
7. Payment Method
Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218,
Florida Statutes. Vendor’s invoices must include:
• Purchase Order Number
• Description and quantities of the goods or services provided per instructions on the County’s
purchase order or contract.
Invoices shall be sent to:
Board of County Commissioners
Clerk’s Finance Department
ATTN: Accounts Payable
3299 Tamiami Trail E Ste 700
Naples FL 34112
Or emailed to: bccapclerk@collierclerk.com.
Collier County, in its sole discretion, will determine the method of payment for goods and/or services
as part of this agreement.
Payment methods include:
• Traditional – payment by check, wire transfer or other cash equivalent.
• Standard – payment by purchasing card. Collier County’s Purchasing Card Program is
supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is
cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules.
The County may not accept any additional surcharges (credit card transaction fees) as a result of
using the County’s credit card for transactions relating to this solicitation. The County will entertain
bids clearly stating pricing for standard payment methods. An additional separate discounted price
for traditional payments may be provided at the initial bid submittal if it is clearly marked as an
“Additional Cash Discount.”
Upon execution of the Contract and completion of each month’s work, payment requests may be
submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that
prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for
payment without prior approval from the Project manager. All invoices should be submitted within
the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.)
Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment)
unless specifically authorized by the Project Manager.
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.
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In instances where the successful contractor may owe debts (including, but not limited to taxes or
other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy
these debts, the County reserves the right to off-set the amount owed to the County by applying the
amount owed to the vendor or contractor for services performed of for materials delivered in
association with a contract.
Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the
Finance Division for payment. Payment will be made upon receipt of proper invoice and in
compliance with Chapter 218 Florida Statutes, otherwise known as the “Local Government Prompt
Payment Act.” Collier County reserves the right to withhold and/or reduce an appropriate amount of
any payment for work not performed or for unsatisfactory performance of Contractual requirements.
8. Environmental Health and Safety
All Vendors and Sub vendors performing service for Collier County are required and shall comply
with all Occupational Safety and Health Administration (OSHA), State and County Safety and
Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub
vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that
may cause injury or damage to any persons or property within and around the work site. All firewall
penetrations must be protected in order to meet Fire Codes.
Collier County Government has authorized OSHA representatives to enter any Collier County facility,
property and/or right-of-way for the purpose of inspection of any Vendor’s work operations. This
provision is non-negotiable by any department and/or Vendor.
All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device
Coordination and Arc Flash Studies where relevant as determined by the engineer.
All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE
Protective labels.
9. Licenses
The Vendor is required to possess the correct Business Tax Receipt, professional license, and any
other authorizations necessary to carry out and perform the work required by the project pursuant to
all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any
kind. Additionally, copies of the required licenses must be submitted with the proposal
response indicating that the entity proposing, as well as the team assigned to the County
account, is properly licensed to perform the activities or work included in the contract
documents. Failure on the part of any Vendor to submit the required documentation may be
grounds to deem Vendor non-responsive. A Vendor, with an office within Collier County is also
required to have an occupational license.
All State Certified contractors who may need to pull Collier County permits or call in inspections must
complete a Collier County Contractor License registration form and submit the required fee. After
registering the license/registration will need to be renewed thereafter to remain “active” in Collier
County.
If you have questions regarding professional licenses contact the Contractor Licensing at (239) 252-
2431, 252-2432 or 252-2909. Questions regarding required occupational licenses, please contact the
Tax Collector’s Office at (239) 252-2477.
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10. Principals/Collusion
By submission of this Proposal the undersigned, as Vendor, does declare that the only person or
persons interested in this Proposal as principal or principals is/are named therein and that no person
other than therein mentioned has any interest in this Proposal or in the contract to be entered into;
that this Proposal is made without connection with any person, company or parties making a
Proposal, and that it is in all respects fair and in good faith without collusion or fraud.
11. Relation of County
It is the intent of the parties hereto that the Vendor shall be legally considered an independent
Vendor, and that neither the Vendor nor their employees shall, under any circumstances, be
considered employees or agents of the County, and that the County shall be at no time legally
responsible for any negligence on the part of said Vendor, their employees or agents, resulting in
either bodily or personal injury or property damage to any individual, firm, or corporation.
12. 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
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.
13. Lobbying
All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be
lobbied, either individually or collectively about a project for which a firm has submitted a Proposal.
Firms and their agents are not to contact members of the County Commission for such purposes as
meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closing to
final Board approval, no firm or their agent shall contact any other employee of Collier County in
reference to this Proposal, with the exception of the Procurement Director or his designee(s). Failure
to abide by this provision may serve as grounds for disqualification for award of this contract to the
firm.
14. Public Records Compliance
Florida Public Records Law Chapter 119, including specifically those contractual requirements in
119.0701(2)(a)-(b) as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8383
The Contractor must specifically comply with the Florida Public Records Law to:
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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 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.
15. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501)
In order to be considered for award, firms must be registered with the Florida Department of State
Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and
provide a certificate of authority (www.sunbiz.org/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. Single Proposal
Each Vendor must submit, with their proposal, the required forms included in this RFP. Only one
proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as
a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub-
consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a
primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub-
consultant to any other firm or firms submitting under the same RFP. All submittals in violation of this
requirement will be deemed non-responsive and rejected from further consideration.
17. Survivability The Contractor agrees that any Purchase Order that extends beyond the expiration
date of Solicitation 17-7108 resultant of this solicitation will survive and remain subject to the terms
and conditions of that Agreement until the completion or termination of any Purchase Order.
18. Protest Procedures
Any prospective vendor / proposer who desires to protest any aspect(s) or provision(s) of the
solicitation (including the form of the solicitation documents or procedures) shall file their protest with
the Procurement Director prior to the time of the bid opening strictly in accordance with the County’s
then current Procurement Ordinance and policies.
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The Board of County Commissioners will make award of contract in public session. Award
recommendations will be posted outside the offices of the Procurement Services Division on
Wednesdays and Thursdays. Any actual or prospective respondent who desires to formally protest
the recommended contract award must file a notice of intent to protest with the Procurement Director
within two (2) calendar days (excluding weekends and County holidays) of the date that the
recommended award is posted.
Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be
given instructions as to the form and content requirements of the formal protest. A copy of the
"Protest Policy" is available at the office of the Procurement Director.
19. Public Entity Crime
A person or affiliate who has been placed on the convicted vendor list following a conviction for a
public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or
services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity
for the construction or repair of a public building or public work; may not submit bids, proposals, or
replies on leases of real property to a public entity; may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not
transact business with any public entity in excess of the threshold amount provided in s. 287.017 for
CATEGORY TWO for a period of 36 months following the date of being placed on the convicted
vendor list.
20. Security and Background Checks
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 costs of providing background checks by the Collier
County Facilities Management Division for all employees that shall provide services to the County
under this Agreement. This may include, but not be limited to, checking federal, state and local law
enforcement records, including a state and FBI fingerprint check, credit reports, education, residence
and employment verifications and other related records. Contractor shall be required to maintain
records on each employee and make them available to the County for at least four (4) years.
All of Contractor’s employees and subcontractors must wear Collier County Government
Identification badges at all times while performing services on County facilities and properties.
Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each
year at no cost to the Contractor during the time period in which their background check is valid, as
discussed below. All technicians shall have on their shirts the name of the contractor’s business.
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.
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21. Conflict of Interest
Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP
document. Disclosure of any potential or actual conflict of interest is subject to County staff review
and does not in and of itself disqualify a firm from consideration. These disclosures are intended to
identify and or preclude conflict of interest situations during contract selection and execution.
22. 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.
23. Immigration Affidavit Certification
Statutes and executive orders require employers to abide by the immigration laws of the United
States and to employ only individuals who are eligible to work in the United States.
The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland
Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet-
based means of verifying employment eligibility of workers in the United States; it is not a substitute
for any other employment eligibility verification requirements. The program will be used for Collier
County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional
services and construction services.
Exceptions to the program:
• Commodity based procurement where no services are provided.
• Where the requirement for the affidavit is waived by the Board of County Commissioners
Vendors / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of
their enrollment, at the time of the submission of the vendor’s/bidder’s proposal. Acceptable
evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of
the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also
required to provide the Collier County 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 Bidder/Vendor does not comply with providing both the acceptable E-Verify evidence
and the executed affidavit the bidder’s / vendor’s proposal may be deemed non-responsive.
Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all
purchases not covered under the “Exceptions to the program” clause above.
For additional information regarding the Employment Eligibility Verification System (E-Verify) program
visit the following website: http://www.dhs.gov/E-Verify. It shall be the vendor’s responsibility to
familiarize themselves with all rules and regulations governing this program.
Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be
fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986
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as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and
with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the
laws referenced herein or the provisions of this affidavit shall constitute a breach of the award
agreement and the County shall have the discretion to unilaterally terminate said agreement
immediately.
24. Collier County Local Preference Policy
Collier County provides an incentive to local business to enhance the opportunities of local
businesses in the award of County contracts. In the evaluation of proposals, the County rewards
Vendors for being a local business by granting a ten (10) points incentive in the evaluation criterion
points.
Local business means the vendor has a current Business Tax Receipt issued by the Collier County
Tax Collector for at least one year prior to bid or proposal submission to do business within Collier
County, and that identifies the business with a permanent physical business address located within
the limits of Collier County from which the vendor’s staff operates and performs business in an area
zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non-
permanent structure such as a construction trailer, storage shed, or other non-permanent structure
shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a
vendor shall not be considered a "local business" unless it contributes to the economic development
and well-being of Collier County in a verifiable and measurable way. This may include, but not be
limited to, the retention and expansion of employment opportunities, support and increase to the
County's tax base, and residency of employees and principals of the business within Collier County.
Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or
proposal to be eligible for consideration as a "local business" under this section. A vendor who
misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will
lose the privilege to claim Local Preference status for a period of up to one year.
Under this solicitation proposers desiring to receive local preference will be invited and required to
affirmatively state and provide docum entation as set forth in the solicitation in support of their
status as a local business. Any proposer who fails to submit sufficient docum entation with their
proposal offer shall not be granted local preference consideration f or the purposes of that specific
contract award. Except where f ederal or state law, or any other funding source, mandates to the
contrary, Collier County and its agencies and instrumentalities, wil l give preference to local
businesses in the following manner.
For all purchases of commodities and services procured through a competitive proposal process
and not otherwise exem pt from this local preference section, the solicitation shall include a
weighted criterion for local preference that equals 10 percent of the total points in the evaluation
criteria published in the solicitation. Purchases of professional services as defined and identified
under subsection 11B.2 (which are subject to Section 287.055, F.S.) and subsection 11B.3 (which
are subject to Section 11.45, F.S.) shall not be subject to this local prefe rence section.
The vendor must complete and submit with their proposal response the Affidavit for Claiming Status
as a Local Business which is included as part of this solicitation.
Failure on the part of a vendor to submit this Affidavit with their proposal response will
preclude said Vendor from being considered for local preference under this solicitation.
A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to
the County will lose the privilege to claim Local Preference status for a period of up to one year.
17-7108
RFP_Food & Beverage Concession for Collier County_12092016
24
Attachment 1: 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 for prospective
Vendors not wishing to respond to this solicitation. If your firm is not responding to this RFP, please
indicate the reason(s) by checking the item(s) listed below and return this form via email or fax, noted on
the cover page, or mail to Collier County Government, Procurement Services Division, 3295
Tamiami Trail E, Naples, FL 34112.
We are not responding to Solicitation 17-7108 “Food & Beverage Concession for Collier County”
for the following reason(s):
Services requested not available through our company.
Our firm could not meet specifications/scope of work.
Specifications/scope of work not clearly understood or applicable (too vague, rigid, etc.)
Project is too small.
Insufficient time allowed for preparation of response.
Incorrect address used. Please correct mailing address:
___________________________________________________________________________
_____________________________________________________________________________
_______________________________________________________________________
Other reason(s):_____________________________________________________________
_____________________________________________________________________________
_________________________________________________________________________
___________________________________________________________________________
Name of Firm:
________________________________________________________
Address:
________________________________________________________
City, State, Zip:
________________________________________________________
Telephone:
________________________________________________________
Email:
________________________________________________________
Representative Signature:
________________________________________________________
Representative Name:
_______________________________________ Date ____________
17-7108
RFP_Food & Beverage Concession for Collier County_12092016
25
Attachment 2: Vendor Check List
IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces
indicated and return with your Proposal. Vendor should check off each of the following items as the
necessary action is completed:
The Proposal has been signed.
All applicable forms have been signed and included, along with licenses to complete the
requirements of the project.
Any addenda have been signed and included.
Name of Firm:
________________________________________________________
Address:
________________________________________________________
City, State, Zip:
________________________________________________________
Telephone:
________________________________________________________
Email:
________________________________________________________
Representative Signature:
________________________________________________________
Representative Name: _____________________________________ Date ______________
17-7108
RFP_Food & Beverage Concession for Collier County_12092016
26
Attachment 3: Conflict of Interest Affidavit
The Consultant certifies that, to the best of its knowledge and belief, the past and current work on any
Collier County project affiliated with: 17-7108 Food & Beverage Concession does not pose an
organizational conflict as described by one of the three categories below:
Biased ground rules – The firm has not set the “ground rules” for affiliated past or current Collier
County project identified above (e.g., writing a procurement’s statement of work, specifications, or
performing systems engineering and technical direction for the procurement) which appears to skew
the competition in favor of my firm.
Impaired objectivity – The firm has not performed work on an affiliated past or current Collier
County project identified above to evaluate proposals / past performance of itself or a competitor,
which calls into question the contractor’s ability to render impartial advice to the government.
Unequal access to information – The firm has not had access to nonpublic information as part of
its performance of a Collier County project identified above which may have provided the contractor
(or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts.
In addition to this signed affidavit, the contractor / consultant must provide the following:
1. All documents produced as a result of the work completed in the past or currently being worked
on for the above mentioned project; and,
2. Indicate if the information produced was obtained as a matter of public record (in the “sunshine”)
or through non-public (not in the “sunshine”) conversation (s), meeting(s), document(s) and/or
other means.
3. Failure to disclose all material or having an organizational conflict in one or more of the three
categories above be identified, may result in the disqualification for future solicitations affiliated
with the above referenced project(s).
By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that,
to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned
interest or activity (financial, contractual, organizational, or otherwise) which relates to the project
identified above has been fully disclosed and does not pose an organizational conflict.
Firm: ____________________________________________________________________________________
Signature and Date:_________________________________________________________________________
Print Name: _______________________________________________________________________________
Title of Signatory: __________________________________________________________________________
State of_____________________________________ County of ____________________________________
SUBSCRIBED AND SWORN to before me this ____________ day of __________________, 20__________,
by _______________________________________________, who is personally known to me to be the
________________________________________ for the Firm, OR who produced the following identification
________________________________________.
__________________________________________________________ _____________________________
Notary Public Commission Expiration
17-7108
RFP_Food & Beverage Concession for Collier County_12092016
27
Attachment 4: Vendor Declaration Statement
BOARD OF COUNTY COMMISSIONERS
Collier County Government Complex
Naples, Florida 34112
RE: Solicitation: 17-7108 “Food & Beverage Concession for Collier County”
Dear Commissioners:
The undersigned, as Contractor declares that this proposal is made without connection or arrangement
with any other person and this proposal is in every respect fair and made in good faith, without collusion
or fraud.
The Contractor agrees, if this proposal is accepted, to execute a Collier County document for the purpose
of establishing a formal contractual relationship between the firm and Collier County, for the performance
of all requirements to which the proposal pertains. The Consultant states that the proposal is based upon
the proposal documents listed by the above referenced Solicitation 17-7108 “Food & Beverage
Concession for Collier County.”
(Proposal Continued on Next Page)
17-7108
RFP_Food & Beverage Concession for Collier County_12092016
28
PROPOSAL CONTINUED
IN WITNESS WHEREOF, WE have hereunto subscribed our names on this _____ day of _____________, 20
in the County of _______________, in the State of _____________.
Firm’s Legal Name:
Address:
City, State, Zip Code:
Florida Certificate of
Authority Document Number:
Federal Tax Identification
Number
CCR # or CAGE Code
Telephone:
FAX:
Signature by:
(Typed and written)
Title:
Additional Contact Information
Send payments to:
(required if different from above)
Company name used as payee
Contact name:
Title:
Address:
City, State, ZIP
Telephone:
FAX:
Email:
Office servicing Collier
County to place orders
(required if different from above)
Contact name:
Title:
Address:
City, State, ZIP
Telephone: _________________________________
Email _________________________________
17-7108
RFP_Food & Beverage Concession for Collier County_12092016
29
Attachment 5: Affidavit for Claiming Status as a Local Business
Solicitation: 17-7108 “Food & Beverage Concession for Collier County” (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 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.
Vendor must complete the following information:
Year Business Established in Collier County or Lee County: ________
Number of Employees (Including Owner(s) or Corporate Officers):_________
Number of Employees Living in Collier County or Lee (Including Owner(s) or Corporate Officers):_________
If requested by the County, vendor will be required to provide documentation substantiating the information given in
this affidavit. Failure to do so will result in vendor’s submission being deemed not applicable.
Vendor Name: _________________________________________
Date: ________________________
Collier or Lee County Address: ___________________________________________________________
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)
17-7108
RFP_Food & Beverage Concession for Collier County_12092016
30
Attachment 6: Immigration Affidavit Certification
Solicitation:17-7108 “Food & Beverage Concession for Collier County”
This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with
formal Invitations to Bid (ITB’s) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are
required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the
time of the submission of the vendor’s/bidder’s proposal. Acceptable evidence consists of a copy of the
properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum
of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment
in the E-Verify program, may deem the Vendor / Bidder’s proposal as non-responsive.
Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized
alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section
274A(e) of the Immigration and Nationality Act (“INA”).
Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e)
of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA
shall be grounds for unilateral termination of the contract by Collier County.
Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration
Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of
Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System
(E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration
at the time of submission of the Vendor’s / Bidder’s proposal.
Company Name ____________________________________________________________________
Print Name
Title _______________________
Signature
Date _______________________
State of ___________________
County of _________________
The foregoing instrument was signed and acknowledged before me this ______day of ________________,
20___, by
_______________________________ who has produced _____________________________ as identification.
(Print or Type Name) (Type of Identification and Number)
_____________________________________
Notary Public Signature
_____________________________________
Printed Name of Notary Public
_____________________________________
Notary Commission Number/Expiration
The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy
of this affidavit to interrogatories hereinafter made.
17-7108
RFP_Food & Beverage Concession for Collier County_12092016
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Attachment 7: Vendor Substitute W – 9
Request for Taxpayer Identification Number and Certification
In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following
information for tax reporting purposes from individuals and companies who do business with the County (includin g
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 yo ur business and
return with your quote or proposal.
1. General Information (provide all information)
Taxpayer Name ___________________________________________________________________________________
(as shown on income tax return)
Business Name ___________________________________________________________________________________
(if different from taxpayer name)
Address ____________________________________ City _______________________________________________
State ______________________________________ Zip ________________________________________________
Telephone __________________ FAX ______________________ Email __________________________________
Order Information
Address ___________________________________
Remit / Payment Information
Address ____________________________________________
City __________
State ________ Zip ___________
City _____________
State _________ Zip ______________
FAX ______________________________________
Email _____________________________________
FAX ______________________________________________
Email _____________________________________________
2. Company Status (check only one)
Individual / Sole Proprietor Corporation Partnership
Tax Exempt (Federal income tax-exempt entity
under Internal Revenue Service guidelines IRC
501 (c) 3)
Limited Liability Company
Enter the tax classification
(D = Disregarded Entity, C = Corporation, P = Partnership)
3. Taxpayer Identification Number (for tax reporting purposes only)
Federal Tax Identification Number (TIN) _______________________________________________________________
(Vendors who do not have a TIN, will be required to provide a social security number prior to an award of the contract.)
4. Sign and Date Form
Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge.
Signature ___________________________________________________________
Date _________________________________
Title _______________________________________________________________
Phone Number ________________________
17-7108
RFP_Food & Beverage Concession for Collier County_12092016
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Attachment 8: Insurance and Bonding Requirements
Insurance / Bond Type Required Limits
1. Worker’s Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Statutory Limits and Requirements
2. Employer’s Liability
$500,000 single limit per occurrence
3. Commercial General
Liability (Occurrence Form)
patterned after the current
ISO form
Bodily Injury and Property Damage
$1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury
Liability and Property Damage Liability. This shall include Premises and
Operations; Independent Contractors; Products and Completed Operations
and Contractual Liability
4. Indemnification To the maximum extent permitted by Florida law, the
Contractor/Vendor/Consultant shall indemnify and hold harmless Collier
County, its officers and employees from any and all liabilities, damages,
losses and costs, including, but not limited to, reasonable attorneys’ fees and
paralegals’ fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone
em ployed or utilized by the Contractor/Vendor/Consultant in the performance
of this Agreement. This indemnification obligation shall not be construed to
negate, abridge or reduce any other rights or remedies which otherwise may
be available to an indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence
of Collier County.
4. Automobile Liability $ 500,000 Each Occurrence; Bodily Injury & Property Damage,
Owned/Non-owned/Hired; Automobile Included
5. Other insurance as
noted:
Watercraft $ __________ Per Occurrence
United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
$ __________ Per Occurrence
Maritime Coverage (Jones Act) shall be maintained where applicable to
the completion of the work.
$ __________ Per Occurrence
Aircraft Liability coverage shall be carried in limits of not less than
$5,000,000 each occurrence if applicable to the completion of the Services
under this Agreement.
$ __________ Per Occurrence
Pollution $ __________ Per Occurrence
Professional Liability $__________ Per Occurrence
• $ 500,000 each claim and in the aggregate
• $1,000,000 each claim and in the aggregate
• $2,000,000 each claim and in the aggregate
Professional Liability $__________ per claim and in
the aggregate
• $1,000,000 per claim and in the aggregate
• $2,000,000 per claim and in the aggregate
Valuable Papers Insurance $__________ Per Occurrence
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
Payment Bonds
For projects in excess of $200,000, bonds shall be submitted with the
executed contract by Proposers receiving award, and written for 100% of the
Contract award amount, the cost borne by the Proposer receiving an award.
The Performance and Payment Bonds shall be underwritten by a surety
authorized to do business in the State of Florida and otherwise acceptable to
Owner; provided, however, the surety shall be rated as “A-“ or better as to
general policy holders rating and Class V or higher rating as to financial size
category and the amount required shall not exceed 5% of the reported policy
holders’ surplus, all as reported in the most current Best Key Rating Guide,
published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New
York 10038.
8. Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to
meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance
provisions.
9. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial
General Liability where required.
10. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County
Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance
must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all
work performed on behalf of Collier County.
11. Thirty (30) Days Cancellation Notice required.
RLC 4/20/2017
______________________________________________________________________________________________
Vendor’s Insurance Statement
We understand the insurance requirements of these specifications and that the evidence of insurability may be required
within five (5) days of the award of this solicitation.
Name of Firm
_______________________________________ Date ____________________________
Vendor Signature
_________________________________________________________________________
Print Name
_________________________________________________________________________
Insurance Agency
_________________________________________________________________________
Agent Name
_______________________________________ Telephone Number _________________
17-7108
RFP_Food & Beverage Concession for Collier County_12092016
34
ADDENDUM #1
Memorandum
Date: May 1, 2017
From: Viviana Giarimoustas, Procurement Strategist
To: Interested Parties
Subject: RFP 17-7108 Food and Beverage Concession for Collier County
The following clarifications are issued as an addendum identifying the following changes for the
referenced solicitation:
• Scope of Work on page 4 states: The anticipated contract term will be for the period of sixty
(60) months. Additionally, by mutual agreement and funding availability, the contract may be
renewed for one term of sixty months. In no event, including renewal options, shall the
contract exceed ten years.
• Detailed scope of work on page 5 states: The existing food concession space consists of a
free-standing building of approximately 770 square feet, which includes, large built in
refrigerator , sink, and electrical outlets.
Note: Language deleted has been struck through.
If you require additional information please call Viviana Giarimoustas, Purchasing Department at 239-
252-8375 or by e-mail at VivianaGiarimoustas@colliergov.net . Thank you.
C: Dennis Linguidi, Facilities Division Director
Email: VivianaGiarimoustas@colliergov.net
Telephone: (239) 252-8375
1
ADDENDUM # 2
Memorandum
Date: May 8, 2017
From: Viviana Giarimoustas, Procurement Strategist
To: Interested Parties
Subject: RFP 17-7108 Food and Beverage Concession for Collier County
The terms for this solicitation have been updated. The county will be seeking a five (5) year initial term
with 2 one (1) year renewal options.
If you require additional information please call Viviana Giarimoustas, Purchasing Department at 239-
252-8375 or by e-mail at VivianaGiarimoustas@colliergov.net . Thank you.
C: Dennis Linguidi, Facilities Division Director
Email: VivianaGiarimoustas@colliergov.net
Telephone: (239) 252-8375
1
ADDENDUM # 3
Memorandum
Date: May 9, 2017
From: Viviana Giarimoustas, Procurement Strategist
To: Interested Parties
Subject: RFP 17-7108 Food and Beverage Concession for Collier County
The following attachment is a copy of the previous contract.
If you require additional information please call Viviana Giarimoustas, Purchasing Department at 239-
252-8375 or by e-mail at VivianaGiarimoustas@colliergov.net . Thank you.
C: Dennis Linguidi, Facilities Division Director
Email: VivianaGiarimoustas@colliergov.net
Telephone: (239) 252-8375
1
ADDENDUM # 4
Memorandum
Date: May 9, 2017
From: Viviana Giarimoustas, Procurement Strategist
To: Interested Parties
Subject: RFP 17-7108 Food and Beverage Concession for Collier County
The following clarifications are issued as an addendum identifying the following changes for the
referenced solicitation:
Detailed Scope of Work on page 5 states: The existing food concession space consists of a free-standing
building of approximately 770 square feet, which includes large built in refrigerator, sink, and electrical outlets
(attachment provided). All other equipment necessary to provide service is required to be supplied by vendor.
Current vendor prepares all food offsite. Water and electric service cost will be the responsibility of the
County as there are not separate meters for the building. The location of the food concession space is
subject to relocation if deemed necessary by the County but will conform to the same general specifications.
Successful proposers shall provide all initial capital improvements and any and all equipment necessary for
day to day operation of the concession. All improvements must be approved in advance and in writing by the
Director of Facilities Management or his designee. If future expansion and renovation of the concession
space is deemed appropriate by the County, capital investment in these facilities/equipment will be
negotiated with the awarded vendor.
Note: Language underlined has been added.
If you require additional information please call Viviana Giarimoustas, Purchasing Department at 239-
252-8375 or by e-mail at VivianaGiarimoustas@colliergov.net . Thank you.
C: Dennis Linguidi, Facilities Division Director
Email: VivianaGiarimoustas@colliergov.net
Telephone: (239) 252-8375
1