Agenda 11/14/2017 Item #16D2011/14/2017
EXECUTIVE SUMMARY
Recommendation to award Invitation to Bid (ITB) 17-7105R “Baseball and Softball Officials” to
Collier Recreation Baseball/Softball Umpire Association, Inc., and authorize the Chair to execute
the attached contract.
OBJECTIVE: To obtain umpire services in a fair and competitive manner in accordance with the
Purchasing Ordinance.
CONSIDERATIONS: The Parks and Recreation Division provides adult softball programs for the
community. As part of the program, it is the Division’s responsibilit y to provide umpires to officiate the
games.
On July 21, 2017, the Procurement Services Division released notices of Invitation to Bid No. 17 -7105R
Baseball and Softball Officials to 202 vendors. Eighteen (18) bid packages were downloaded, and one (1)
bid was received on August 24, 2017. The County rejected the original offer of $48 per umpire.
Negotiations took place on October 10, 2017 to avoid going over Parks and Recreations annual budget
and a new price was established of $27 per umpire for the first year.
Parks and Recreation staff reviewed the bid and recommends award to Collier Recreation
Baseball/Softball Umpire Association as the responsive bidder. The $27 cost per game will remain for the
first year, $28 cost per game for the second year, and $29 cost per game for the third year. Immokalee
games shall be set at $40 per umpire until renegotiated terms are discussed with Parks and Recreation
staff.
FISCAL IMPACT: Funds for umpire officials are available within various cost centers in General
Fund (001) and MST D General Fund (111). Funding in the amount of approximately $75,000 is available
in the FY18 Operating Budget.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote
for Board approval. -SRT
RECOMMENDATION: To approve an award ITB #17-7105R to Collier Recreation Baseball/Softball
Umpire Association, Inc., and authorize the Chair to execute the attached contract.
Prepared By: Matt Catoe, Operations Analyst, Parks and Recreation Division
ATTACHMENT(S)
1. 17-7105R NORA (PDF)
2. 17-7105R Proposal (PDF)
3. 17-7105R Scope of Services (PDF)
4. 17-7105R Collier Recreation_Contract_VendSign (PDF)
5. 17-7105R Solicitation (DOCX)
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11/14/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.20
Doc ID: 4067
Item Summary: Recommendation to award Invitation to Bid (ITB) 17-7105R “Baseball and
Softball Officials” to Collier Recreation Baseball/Softball Umpire Association, Inc. and authorize the
Chair to execute the attached contract.
Meeting Date: 11/14/2017
Prepared by:
Title: Operations Analyst – Parks & Recreation
Name: Matthew Catoe
10/24/2017 2:07 PM
Submitted by:
Title: Division Director - Parks & Recreation – Parks & Recreation
Name: Barry Williams
10/24/2017 2:07 PM
Approved By:
Review:
Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 10/24/2017 3:25 PM
Parks & Recreation Ilonka Washburn Additional Reviewer Completed 10/25/2017 8:51 AM
Parks & Recreation Barry Williams Additional Reviewer Completed 10/25/2017 11:04 AM
Procurement Services Sandra Herrera Additional Reviewer Completed 10/30/2017 8:37 AM
Procurement Services Ted Coyman Additional Reviewer Completed 10/30/2017 8:45 AM
Procurement Services Viviana Giarimoustas Additional Reviewer Completed 10/30/2017 12:34 PM
Procurement Services Swainson Hall Additional Reviewer Completed 10/30/2017 1:50 PM
Operations & Veteran Services Sean Callahan Additional Reviewer Completed 10/30/2017 2:28 PM
Public Services Department Joshua Hammond Level 1 Division Reviewer Completed 10/30/2017 2:46 PM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 10/31/2017 7:38 AM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 10/31/2017 9:59 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/31/2017 10:18 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/31/2017 3:55 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 11/03/2017 9:03 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 11/03/2017 10:22 AM
Board of County Commissioners MaryJo Brock Meeting Pending 11/14/2017 9:00 AM
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
INVITATION TO BID (ITB)
FOR
17-7105R
SOLICITATION NO.: Baseball and Softball Officials
VIVIANA GIARIMOUSTAS, PROCUREMENT STRATEGIST
PROCUREMENT SERVICES DIVISION
3295 TAMIAMI TRAIL EAST, BLDG C-2
NAPLES, FLORIDA 34112
TELEPHONE: (239) 252-8375
VivianaGiarimoustas@colliergov.net (Email)
This solicitation document is prepared in a Microsoft Word format. Any alterations to this
document made by the Consultant may be grounds for rejection of proposal, cancellation of any
subsequent award, or any other legal remedies available to the Collier County Government.
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Packet Pg. 1411 Attachment: 17-7105R Scope of Services (4067 : ITB 17-7105R Baseball and Softball Officials)
Attachment A - Scope of Work/Services and Technical Specifications
Detailed Scope of Work
These specifications are intended to provide information so that bidders may understand the requirements of the
Division as it relates to furnishing certified officials on an as needed basis. The officials must wear a uniform while
umpiring the games.
The number of officials required at all games for Men, Coed, and Church Leagues will be two (2). Only one (1)
official will be required for the Women, Country Club and 35 and older leagues. This determination will take place
during the mandatory team coaches meeting for the leagues which are set approximately one month prior to the start
of the season.
It is estimated that officials will be requested for a maximum of seventy-five (75) games per week. The Parks and
Recreation Division will provide a regular season schedule four (4) days prior to start of the season. Vendor will be
required to provide a list of certified umpires with contact information upon being awarded. If a game is cancelled or
postponed; the Division will contact the official two (2) hours prior to game time.
The Contractor is to insure that all personnel utilized for officiating services are knowledgeable in all applicable
rules and regulations, as they pertain to this sports activity. Such officials must have a complete understandin g and
knowledge in the methods of common scorekeeping practices for the sports activity in question. At the option of the
County, such officials may be tested as to their knowledge of these rules and procedures.
In the case of a protested game where the protest is upheld, the game shall be replayed in accordance with applicable
league play from the point of protest. Officiating services for such games shall be provided at no additional cost to
the County.
Officiating Procedures
Officials shall arrive at the game site in the proper uniform a minimum of fifteen (15) minutes prior to the schedule
time for the first game. Delays or interrupted start-up time, caused by the failure of a timely arrival, may result in
one-half of the game fee being forfeited and returned to the County as a penalty.
Complete and sign a score report card at the end of each serviced game. This card will be deposited in a designated
area at the conclusion of the last daily scheduled game.
In the event of a forfeited or cancelled game, the umpires scheduled for such games will be required to move to
another field and work a two (2) man umpiring crew or umpire a practice game. The decision for such action will be
solely at the discretion of the County’s Program Supervisor.
The County reserves the right to observe and critique any and all umpire performance at any given time. If
performance is unsatisfactory the county has the right to remove any umpire who fails to perform his/her duties as
defined in the contract or for any behavior d eemed inappropriate by the County.
Specifications
The successful Contractor shall be responsible to provide umpire services for all regularly scheduled Collier County
Parks & Recreation Division adult league softball games. This shall include all regular, playoff and tournament
league games. Contractor shall provide qualified and accredited umpires from the accredited softball associations.
The officiating body must hold NSA, ASA, ISPS, or USSSA Certification to be considered and will be the
governing body for the rules and regulations for Collier County P arks and Recreation Division softball leagues and
as such; all officials must:
1. Possess knowledge of their current rules and Collier County rules in order to make good judgment calls.
a. Umpires must be certified, sanctioning organization is required to provide names and certifications
of all umpires that will be officiating games along with their submittal.
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2. Control and supervise all aspects of the game and or spectators while umpiring.
3. Umpires must conduct a Coach’s conference at home plate prior to the game to collect team line-up cards,
team player cards, and review ground rules for the game.
4. Umpires must score games and announce score every one -half inning while keeping track of inning, outs,
balls and strikes.
5. Submit a Collier County scorecard to the softball staff on duty at the conclusion of the games for the
evening. Both the home plate and base umpires are required to approve and sign each game score card.
6. Report any unsportsmanlike conduct in writing to the NCRP softball staff. Provide a s tandard form for this
circumstance. Unsportsmanlike conduct is defined as conduct or bad sportsmanship that is foul or
offensive. This can be anything that violates a sport’s generally accepted rules of sportsmanship and
participant conduct.
7. Represent the umpires at the organizational meetings held throughout the year for all leagues. The Division
will provide notification of these meetings one week in advance.
The County reserves the right to add/remove properties during the term of the award. The selected vendor is required
to provide the indicated services at ALL County selected playing fields in order to maintain compliance with the
awarded contract. Required facilities include but are not limited to:
Corkscrew Elementary
1065 County Rd 858, Naples, FL 34120
Eagle Lakes Community Park
11565 Tamiami Trail E, Naples, FL 34112
East Naples Community Park
3500 Thomasson Drive, Naples, FL 34112
Golden Gate Community Park
3300 Santa Barbara Blvd, Naples, FL 34116
Immokalee Community Park
321 N 1st Street, Immokalee, FL 34142
Max Hasse Community Park
3390 Golden Gate Blvd W, Naples, FL 34117
North Collier Regional Park
15000 Livingston Road, Naples, FL 34109
Sabal Palm Elementary
4095 18th Ave NE, Naples, FL 34120
Veterans Community Park
1895 Veterans Park Drive, Naples, FL 34109
Vineyards Community Park
6231 Arbor Blvd W, Naples, FL 34119
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
INVITATION TO BID (ITB)
FOR
Baseball and Softball Officials
SOLICITATION NO.: 17-7105R
VIVIANA GIARIMOUSTAS, PROCUREMENT STRATEGIST
PROCUREMENT SERVICES DIVISION
3295 TAMIAMI TRAIL EAST, BLDG C-2
NAPLES, FLORIDA 34112
TELEPHONE: (239) 252-8375
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.
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17-7105R Baseball and Softball Officials
TABLE OF CONTENTS
ITEM DESCRIPTION.........................................................................................................................................................
1.0 Introduction
2.0 Background
3.0 Term of Contract
4.0 Award Criteria
General Bid Instructions
5.0 Purpose/Objective
6.0 Pricing
7.0 Alternate Bid Pricing
8.0 Discount
10.0 Addenda
11.0 Bid Submission
12.0 Questions
13.0 Protests
14.0 Local Vendor Preference
15.0 Immigration Affidavit Certification
16.0 Lobbying
17.0 Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501)
18.0 General Information
19.0 Bid Award Process
20.0 Reserved Rights
21.0 Collier County Purchase Order Terms and Conditions
Additional Terms and Conditions for RFP
22.0 Insurance and Bonding Requirements
23.0 Additional items and/or Service
24.0 Vendor Performance Evaluation
25.0 Additional Terms and Conditions of Contract
26.0 Public Records Compliance
27.0 Payment Method
28.0 Environmental Health and Safety
29.0 Licenses
30.0 Survivability
31.0 Relation of County
32.0 Termination
33.0 Public Entity Crime
34.0 Security and Background Checks
35.0 Conflict of Interest
36.0 Prohibition of Gifts to County Employees
37.0 Deduction for Non-Performance
38.0 Offer Extended to Other Governmental Entities
39.0 Florida Wood Products
40.0 Standards of Conduct
41.0 Protection of Property
42.0 Maintenance of Traffic Policy
44.0 Debris
45.0 Direct Material Purchase
46.0 Grant Compliance
47.0 Equipment
48.0 Storage tank Installation and Closure Requirements
49.0 62-761.300 Applicability
50.0 62-762.301, F.A.C. Applicability
51.0 Definitions
Attachments
Attachment A – Scope of Services
Attachment B – Required Forms
Attachment C – Bid Schedule
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17-7105R Baseball and Softball Officials
SOLICITATION PUBLIC NOTICE
INVITATION TO BID (ITB) NUMBER: 17-7105R
PROJECT TITLE: Baseball and Softball Officials
BID OPENING DAY/DATE/TIME: August 24, 2017 at 10:00 AM
PLACE OF BID OPENING: PROCUREMENT SERVICES DIVISION
3295 TAMIAMI TRAIL EAST, BLDG C-2
NAPLES, FL 34112
All bids shall be submitted online via the Collier County Procurement Services Division Online Bidding System:
www.colliergov.net/bid
1.0 INTRODUCTION
As requested by the Parks and Recreation Division (hereinafter, the “Division or Department”), the Collier County Board of County
Commissioners Procurement Services Division (hereinafter, “County”) has issued this Invitation to Bid (hereinafter, “ITB”) with
the intent of obtaining bid submittals from interested and qualified vendors in accordance with the terms, conditions and
specifications stated or attached. The vendor, at a minimum, must achieve the requirements of the Specificat ions or Scope of Work
stated.
Collier County Parks and Recreation is seeking to procure officiating services to handle all Collier County adult baseball and
softball games. Historically, the County spends approximately $75,000 annually however, this may not be indicative of future
buying patterns.
2.0 BACKGROUND
Collier County manages one of the most popular parks and recreation programs in Florida by operating more than a dozen regional,
specialty, and community parks and servicing a community of more than 400,000 residents each year.
The Parks and Recreation Division provide adult softball programs for the community. As part of the program; it is the Divisions
responsibility to provide umpires to officiate the games.
3.0 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.
Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing
structure.
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4.0 AWARD CRITERIA
ITB award criteria are as follows:
4.1 The County’s Procurement Services Division reserves the right to clarify a vendor’s submittal prior to the award of the
solicitation.
4.2 It is the intent of Collier County to award to the lowest, responsive and responsible vendor(s) that represents the best value
to the County.
4.3 For the purposes of determining the winning bidder, the County will select the vendor with the lowest price as outlined
below:
Lowest total on the Bid Schedule
4.4 Collier County reserves the right to select one, or more than one suppliers, award on a line item basis, establish a pool for
quoting, or other options that represents the best value to the County; however, it is the intent to:
Select a single awardee
4.5 The County reserves the right to issue a formal contract or standard County Purchase Order for the award of this
solicitation.
4.6 The County requests that the vendor submits no fewer than three (3) completed reference forms from clients whose
projects are of a similar nature to this solicitation as a part of their proposal from the past five (5) years.
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17-7105R Baseball and Softball Officials
GENERAL BID INSTRUCTIONS
5.0 PURPOSE/OBJECTIVE
As requested by the Collier County departments or divisions identified, the Collier County Board of County Commissioners
Procurement Services Division (hereinafter, the County) has issued this Invitation to Bid (hereinafter, the “ITB”, or “Bid”)
with the sole purpose and intent of obtaining bid responses from interested and qualified firms in accordance with th e terms,
conditions, and specifications stated and/or attached herein/hereto. The successful vendor will hereinafter be referred to as the
“Vendor”
All bids must be submitted on the Bid forms furnished by the County noted in Attachments of this ITB. Bids may not
be considered unless Bid forms are properly executed. Vendor is responsible to read and follow the instructions very
carefully, as any misinterpretation or failure to comply with these instructions could lead to the bid submitted as being rej ected
as non-responsive.
6.0 PRICING
Vendors must provide unit prices using the unit of measured specified by the County. All prices will remain firm for a period
of one hundred and eighty (180) calendar days from date of bid opening. After award by the Board of County Commissioners,
prices may only be adjusted as outlined.
7.0 ALTERNATE BID PRICING
In the event that alternate pricing is requested, it is an expressed requirement of the bid to provide pricing for all altern ates as
listed. The omission of a response or a no -bid or lack of a submitted price may be the basis for the rejection of the submitted
bid response. All bids responses received without pricing for all alternates as listed may be considered technically non-
responsive and will not be considered for award.
8.0 DISCOUNT
Any discounts or terms must be shown on the Bid form. Such discounts, if any, may be considered in the award of tie bids. In
no instance should payment terms less than fifteen (15) calendar days be offered.
9.0 ADDENDA
The County reserves the right to formally amend and/or clarify the requirements of the bi d specifications where it deems
necessary. Any such addendum/clarification shall be in writing and notifications shall be distributed electronically to all
parties who received the original bid specifications prior to the deadline for submission of Bids. All changes to this ITB will be
conveyed electronically through a notice of addendum or questions and answers to all vendors registered under the applicable
commodity code(s) at the time when the original ITB was released, as well as those vendors who down loaded the ITB
document. All addendums are posted on the Collier County Procurement Services Division Online Bidding System website:
www.colliergov.net/bid. Before submitting a bid response, please make sure that you have read all documents provided,
understood clearly and complied completely with any changes stated in the addenda as failure to do so may result in the
rejection of your submittal.
10.0 BID SUBMISSION
All electronic bids shall be submitted online via the Collier County Procurement Services Division Online Bidding System:
www.colliergov.net/bid
11.0 QUESTIONS
If the vendor should be of the opinion that the meaning of any part of the Bid Document is doubtful, obs cure or contains errors
or omissions it should report such opinion to the Procurement Strategist before the bid opening date. Direct questions related to
this ITB only to the Collier County Procurement Services Division Internet website: www.colliergov.net/bid. Questions will
not be answered after the date and time noted.
Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier
County Procurement Services Division Online Bidding System website. For general questions, please call the referenced
Procurement Strategist identified in the Public Notice.
12.0 PROTESTS
Any prospective vendor/bidder 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 Services Division prior to the time of the bid
opening strictly in accordance with the County’s then current Procurement Ordinance and policies.
13.0 LOCAL VENDOR PREFERENCE (LVP)
13.1 The County is using the Competitive Sealed Bid methodology of source selection for this procurement, as authorized by
Ordinance Number 2017-08 establishing and adopting the Collier County Procurement Ordinance.
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13.2 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 forego ing 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 pri vilege to claim Local
Preference status for a period of up to one year.
13.3 Under this solicitation, bidders desiring to receive local preference will be invited and required to affirmatively state
and provide documentation as set forth in the solicitation in support of their status as a local business. Any bidder who
fails to submit sufficient documentation with their bid offer shall not be granted local preference consideration for the
purposes of that specific contract award. Except where federal or state law, or any other funding source, mandates to the
contrar y, Collier County and its agencies and instrumentalities, will give preference to local businesses in the following
manner.
13.4 Competitive bid (local price match option). Each formal competitive bid solicitation shall clearly identify how the
price order of the bids received will be evaluated and determined. W hen a qualified and responsive, non-local
business submits the lo we st price bid, and the bid submitted by one or more qualified and responsive local businesses is
within ten percent of the price submitted by the non-local business, then the local business with the apparent lowest bid
offer (i.e., the lowest local bidder) shall have the opportunity to submit an offer to match the price(s), less one (1) dollar,
offered b y the overall lo west, qualified and responsive bidder. In such instances, staff shall first verify if the lowest non-
local bidder and the lo we st local bidder are in fact qualified and responsive bidders. Next, the Procurement Services
Division shall determine if the lo we st local bidder meets the requirements of Fla. Stat. Sec.287.087 (Preferences to
businesses with drug-free workplace programs). If the lowest local bidder meets the requirements of Fla. Stat. Sec.
287.087, the Procurement Services Division shall invite the lowest local bidder to submit a matching offer, less one (1)
dollar, within five (5) business da ys thereafter. If the lo west local bidder submits an offer that full y matches the
lo west bid, less one (1) dollar, fr o m the lo west non-local bidder tendered previousl y, then award shall be made to the
local bidder. If the lo west local bidder declines or is unable to match the lowe st non-local bid price(s), then award
will be made to the lowest overall qualified and responsive bidder. If the lowest local bidder does not meet the
requirement of Fla. Stat. Sec 287.087, and the lowest non-local bidder does, award will be made to the bidder that meets
the requirements of the reference state law.
13.5 Bidder must complete and submit with their bid response the Affidavit for Claiming Status as a Local Business which is
included as part of this solicitation. Failure on the part of a Bidder to submit this Affidavit with their bid response
will preclude said Bidder from being considered for local preference on this solicitation.
13.6 A Bidder who misrepresents the Local Preference status of its firm in a bid submitted to the County will lose the privilege
to claim Local Preference status for a period of up to one (1) year.
13.7 The County may, as it deems necessary, conduct discussions with responsible bidders determined to be in contention for
being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation
requirements.
14.0 IMMIGRATION AFFIDAVIT CERTIFICATION
14.1 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.
14.1.1Exceptions to the program:
(1) Commodity based procurement where no services are provided.
(2) Where the requirement for the affidavit is waived by the Board of County Comm issioners
14.2 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
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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.
14.3 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.
14.4 For additional information regarding the Employment Eligibility Ver ification 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.
14.5 Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for
complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and
regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by
the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach
of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately.
15.0 LOBBYING
After the issuance of any solicitation, no current or prospective vendor or any person acting on their behalf, shall contact,
communicate with or discuss any matter relating to the solicitation with any Collier County employee or elected or appointed
official, other than the Procurement Services Director or his/her designees. This prohibition ends upon execution of the fin al
contract or upon cancellation of the solicitation. Any current or prospective vendor that lobbies any Collier County employee
or elected or appointed official while a solicitation is open or being recommended for award (i) may be deemed ineligible for
award of that solicitation by the Procurement Services Director, and (ii) will be subject to Suspension and Debarment outlined
in section Twenty-eight of County Ordinance 2017-08.
16.0 CERTIFICATE OF AUTHORITY TO CONDUCT BUSINESS IN THE STATE OF FLORIDA (FL STATUTE
607.1501)
In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in
accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority
(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 awar d to another firm.
17.0 GENERAL INFORMATION
When it is deemed by the County that a bid cannot be awarded as originally intended, the County reserves the right to award
this bid through an approach which is t he best interest of the County. Alternate bids will not be considered unless authorized
by the ITB. In case of identical bids tying as low bid, the County shall conduct a random selection (coin toss) by the
Procurement Services Director before at least three witnesses.
18.0 BID AWARD PROCESS
Award shall be made in a manner consistent with the County’s Procurement Ordinance. Award recommendations will be
posted on the Collier County Procurement Services Division website.
19.0 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 pa rt of
any bid, proposal, or offer, and to increase or decre ase 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 o r
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.
END OF GENERAL BID INSTRUCTIONS
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20.0 COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS
20.1 Offer
20.1.1 This offer is subject to cancellation by the COUNTY without notice if not accepted by VENDOR within
fourteen (14) days of issuance.
20.2 Acceptance and Confirmation
20.2.1 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.
20.2.2 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.
20.3 Inspection
20.3.1 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 ret urned pursuant to VENDOR'S instruction
at VENDOR’S expense.
20.3.2 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.
20.4 Shipping and Invoices
20.4.1 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.
20.4.2 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. U nless freight and other charges are itemized, any discount will be taken on the full
amount of invoice.
20.4.3 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.
20.4.4 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, pur suant to
the Board of County Commissioners Purchasing Policy.
20.5 Time Is Of the Essence
20.5.1 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.
20.6 Changes
20.6.1 The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping
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instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such
change 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.
20.7 Warranties
20.7.1 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 de fects 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 COU NTY.
20.8 Statutory Conformity
20.8.1 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.
20.9 Advertising
20.9.1 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.
20.10 Indemnification
20.10.1 VENDOR shall defend, 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.
20.11 Warranty of Non Infringement
20.11.1 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.
20.11.2 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).
20.11.3 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).
20.12 Insurance Requirements
20.12.1 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 a nd 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.
20.13 Compliance with Laws
20.13.1 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 responsib le for complying
with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and
regulations relating thereto, as either may be amended. Failure by the 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
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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.
20.14 Force Majeure
20.14.1 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 disturb ances 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.
20.15 Assignment
20.15.1 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.
20.16 Taxes
20.16.1 Goods and services procured subject to this Purchase Order are exempt from Florida sales and use tax on real
property, transient rental property rented, tangib le personal purchased or rented, or services purchased (Florida
Statutes, Chapter 212), and from federal excise tax.
20.17 Annual Appropriations
20.17.1 The COUNTY’S performance and obligation to pay under this Purchase Order shall be contingent upon an
annual appropriation of funds.
20.18 Termination
20.18.1 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.
20.19 General
20.19.1 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
20.19.2 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.
20.19.3 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.
20.19.4 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.
20.19.5 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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ADDITIONAL TERMS AND CONDITIONS FOR ITB
21.0 INSURANCE AND BONDING REQUIREMENTS
21.1 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.
21.2 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.
21.3 Collier County shall be responsible for purchasing and maintaining, its own liability insurance.
21.4 Certificates issued as a result of the award of this solicitation must identify “For any and all work performed on behalf of
Collier County.”
21.5 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.
21.6 Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificat es 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
21.7 The amounts and types of insurance coverage shall conform to the minimum requirements set forth in 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.
21.8 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.
21.9 The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non
renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner,
within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in
coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this
requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor
hereunder, Vendor shall immediately take steps to have the aggregate l imit reinstated to the full extent permitted under
such policy.
21.10 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 co verage(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.
21.11 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.
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22.0 ADDITIONAL ITEMS AND/OR SERVICES
22.1 Additional items and / or services may be added to the resultant contract, or purchase order, in compliance with the
Procurement Ordinance.
23.0 VENDOR PERFORMANCE EVALUATION
23.1 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.
24.0 ADDITIONAL TERMS AND CONDITIONS OF CONTRACT
24.1 The selected Vendor may be required to sign a standard Collier County contract.
24.2 The resultant contract(s) may include purchase or work orders issued by the County’s project manager .
24.3 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.
24.4 The County’s project manager shall coordinate with the Vendor / Contractor the return of any surplus assets, including
materials, supplies, and equipment associated with the scope or work.
25.0 PUBLIC RECORDS COMPLIANCE
25.1 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
25.2 The Contractor must specifically comply with the Florida Public Records Law to:
25.2.1 Keep and maintain public records required by the public agency to perform the service.
25.2.2 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.
25.2.3 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.
25.2.4 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.
26.0 PAYMENT METHOD
26.1 Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes.
Vendor’s invoices must include:
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26.1.1 Purchase Order Number
26.1.2 Description and quantities of the goods or services provided per instructions on the Coun ty’s purchase order or
contract. Invoices shall be sent to:
Board of County Commissioners Clerk’s Finance Department
ATTN: Accounts Payable
3299 Tamiami Trail East, Suite 700
Naples FL 34112
Or
Emailed to: bccapclerk@collierclerk.com
26.2 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.
26.3 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 d ebts, 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.
26.4 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.
27.0 ENVIRONMENTAL HEALTH AND SAFETY
27.1 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 Cod es.
27.2 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.
27.3 All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash
Studies where relevant as determined by the engineer.
27.4 All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels.
28.0 LICENSES
28.1 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 tea m 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.
28.2 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.
28.3 If you have questions regarding professional licenses contact the Contractor Licensing, Community Development a nd
Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required occupational licenses,
please contact the Tax Collector’s Office at (239) 252-2477.
29.0 SURVIVABILITY
29.1 Purchase Orders: The Vendor agrees that any Purchase Order that extends beyond the expiration date of the original
Solicitation 17-7105R Baseball and Softball Officials will survive and remain subject to the terms and conditions of that
Agreement until the completion or termination of this Purchase Order.
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30.0 RELATION OF COUNTY
30.1 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.
31.0 TERMINATION
Should the Vendor 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 writ ten notice to the awarded vendor(s) pursuant to the Board’s
Procurement Ordinance.
32.0 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 vendor 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.
33.0 SECURITY AND BACKGROUND CHECKS
33.1 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, educ ation, 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.
33.2 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.
33.3 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.
33.4 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.
34.0 CONFLICT OF INTEREST
Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this ITB document. Disclosure of
any potential or actual conflict of interest i s 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.
35.0 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 othe r
item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the curr ent 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 Co unty
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, ITB, and/or quotes; and, c. immediate termination of
any contract held by the individual and/or firm for cause.
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36.0 DEDUCTION FOR NON-PERFORMANCE
The County reserves the right to deduct a portion of any invoice for goods not delivered, or services not performed in
accordance with requirements, including required timeframe. The County may also deduct, or chargeback the Vendor the costs
necessary to correct the deficiencies directly related to the Vendor’s non -performance.
37.0 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.
38.0 FLORIDA WOOD PRODUCTS
The Vendor/Contractor agrees to comply with Florida Statute 255.20 to provide lumber, timber and other forest products
produced and manufactured in the State of Florida as long as the price, fitness and quality are equal.
39.0 STANDARDS OF CONDUCT
The Vendor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the
American with Disabilities Act, Vendor shall supply competent employees who are physically capable of performing their
employment duties. The County may require the Vendor to remove an emplo yee it deems careless, incompetent, insubordinate
or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the
County.
40.0 PROTECTION OF PROPERTY
The Vendor shall ensure that the service is performed i n such manner as to not damage any property. In the event damage
occurs to any property as a direct result of the Vendor or their Sub vendor in the performance of the required service, the
Vendor shall repair/replace, to the County’s satisfaction, damaged property at no additional cost to the County. If the damage
caused by the Vendor or their Sub vendor has to be repaired/replaced by the County, the cost of such work will be deducted
from the monies due the Vendor.
The County’s project manager shall coordinate with the Vendor / Contractor the return of any surplus assets, including
materials, supplies, and equipment associated with the scope or work.
41.0 MAINTENANCE OF TRAFFIC POLICY
For all projects that are conducted within a Collier County Right -of-Way, the Vendor shall provide and erect Traffic Control
Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable
on local roadways and as prescribed in the Florida Department of Transportation’s Design Standards (DS) on state roadways.
These projects shall also comply with Collier County’s Maintenance of Traffic Policy, #5807, incorporated herein by
reference. Copies are available through the Risk Management and/or Procurement Services Division and are available on -line
at colliergov.net/purchasing.
The Vendor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design
Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the
requirements of the Maintenance of Traffic (“MOT”) policy will be enforced under this Contract.
All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required,
MOT is to be provided within ten (10) days of receipt of Notice of Award.
42.0 DEBRIS
Vendor shall be responsible for the removal and disposal of all debris from the site and the cleaning o f the affected areas.
Vendor shall keep the premises free of debris and unusable materials resulting from their work and as work progresses; or upo n
the request of the County’s representative, shall remove and dispose such debris and materials from the pro perty. The Vendor
shall leave all affected areas as they were prior to beginning work.
43.0 DIRECT MATERIAL PURCHASE
43.1The County reserves the right to require Vendor to assign some or all of its agreements with material suppliers directly to
the County. Any such goods and/or materials purchased by the County pursuant to such an assignment of a material
supply agreement shall be referred to as “County Furnished Materials” and the responsibilities of both the County and the
Vendor relating to said materials shall be governed by the terms and conditions of this solicitation. Additionally, the
County at its sole option may choose to purchase some or all of the goods and/or materials from other suppliers. In either
instance the County may require the following information from the Vendor:
43.1.1Required quantities of material
43.1.2Specifications relating to goods and/or materials required for job including brand and/or model number or type if
applicable
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43.1.3Pricing and availability of goods and/or materials provided under Vendor’s agreements with material suppliers
44.0 GRANT COMPLIANCE
The purchase of any goods and/or services that are funded through Federal Grant Appropriations, the State of Florida, or any
other public or private foundations shall be subject to the compliance and r eporting requirements of the granting agency.
45.0 EQUIPMENT
Vendor shall have available and in good working condition, the necessary equipment to perform the required service. If
required by the County, the Vendor shall supply a list of equipment and an hourly rate for each. Hourly rates will commence
once equipment arrives at the service site, unless otherwise agreed in writing by the Project Manager.
In the event that additional specialized and/or heavy equipment (backhoe, crane, mudhog, etc.) is needed, the Project Manager
must be notified in advance for approval. The reimbursement of additional equipment expense shall be at cost and will
commence once equipment arrives at the service site, unless otherwise agreed in writing by the Project Manager. The County
reserves the right to request and obtain documentation of the Vendor’s cost for time and material projects, and to withhold
payments until documentation is provided.
All County-purchased equipment must be new and of current manufacture in production at th e time of bid opening, and carry
industry standard warranties. At the time of delivery, at least two (2) complete shop repair manuals and parts lists must be
furnished with each type of equipment. Vendor must service all equipment prior to delivery and/or acceptance by the County.
The scope of these specifications is to ensure the delivery of a complete unit ready for operation. Omission of any essential
detail from these specifications does not relieve the Vendor from furnishing a complete unit.
46.0 STORAGE TANK INSTALLATION AND CLOSURE REQUIREMENTS
The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30/30A; FDEP chapter 62 regulations:
specifically 761, 762, 777, and 780; 376 & 403 Florida Statutes; and STI, UL, PEI, ASME, NAC E, NLPA, NIST & API
referenced standards pertaining to the storage of hazardous materials and petroleum products.
The contractor shall notify the Solid & Hazardous Waste Management Department (SHWMD) prior to the installation,
removal, or maintenance of any storage tank, including day tanks for generators, storing / will be storing petroleum products or
hazardous materials. The contractor shall provide a 10 day and 48 hour notice to SHWMD 239 -252-2508 prior to
commencement.
The contractor shall provide the plans pertaining to the storage tank systems containing hazardous materials / petroleum
products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to
contractor’s submittal for permitting.
47.0 62-761.300 APPLICABILITY
47.1General Requirements:
47.1.1Underground storage tank systems: The requirements of this Chapter, unless specified otherwise, apply to
owners and operators of facilities, or owners and operators of UST systems with individual storage tank capacities
greater than110 gallons that contain or contained:
(1) Vehicular fuel, subject to Chapter 17-61, F.A.C., after May 21, 1984
(2) Pollutants or hazardous substances after December 10, 1990; or
(3) Regulated substances in unmaintained storage tank systems.
47.1.2This rule is applicable to non-residential facilities. Under 40 C.F.R. 280, residential tanks greater than 1100
gallons containing motor fuels are subject to Federal UST rules (advisory information only -not required by this
Chapter).
48.0 62-762.301, F.A.C. APPLICABILITY
48.1General Requirements:
48.1.1Aboveground storage tank systems: The requirements of this chapter, unless specified otherwise, apply to owners
and operators of facilities, or owners and operators of aboveground stationary storage tank systems with individual
storage tank capacities greater than 550 gallons that contain or contained: Vehicular fuel, subject to Chapter 17 -61,
F.A.C., after May 21, 1984
(1) Vehicular fuel, subject to Chapter 17-61, F.A.C., after May 21, 1984;
(2) Pollutants after March 12, 1991; or
(3) Pollutants in unmaintained storage tank systems.
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48.1.2Aboveground compression vessels and hazardous substance storage tank systems: Owners and operators of
compression vessels and hazardous substance storage tanks with capacities of greater than 110 gallons containing
hazardous substances are only required to comply with subsections 62 -762.401(1)-(2), F.A.C.
48.1.3Aboveground mineral acid storage tank systems: Owners and operators of facilities, or owners and operators of
aboveground mineral acid storage tank systems with capacities of greater than 110 gallons containing mineral
acids are only required to comply with Rule 62-762.891, F.A.C.
49.0 DEFINITIONS
62-761.200(11) and 62-762.201(16), F.A.C.: “County” means a locally administered program under contract with the
Department to perform compliance verification activities at facilities with storage tank systems.
62-761.200(48) and 62-762.201(62), F.A.C.: “Pollutants” includes any “product” as defined in Section 377.19(11), F.S.,
pesticides, ammonia, chlorine and derivatives thereof, excluding liquefied petroleum gas.
62-761.200(51) and 62-762.201(65), F.A.C.: “Product” as defined in Section 377.19(11), F.S., means any commodity made
from oil or gas and includes refined crude oil, crude tops, topped crude, processed crude petroleum , residue from crude
petroleum, cracking stock, uncracked fuel oil, fuel oil, treated crude oil, residuum, gas oil, casing head gasoline, natural gas
gasoline, naphtha, distillate, condensate, gasoline, used oil, kerosene, benzene, wash oil, blended gasoli ne, lubricating oil,
blends or mixtures of oil with one or more liquid products or byproducts derived from oil or gas, and blends or mixtures of
two or more liquid products or byproducts derived from oil or gas, whether hereinabove enumerated or not.
62-761(73) and 62-762(84), F.A.C.: “Vehicular fuel” means a petroleum product used to fuel motor vehicles, including
aircraft, watercraft and vehicles used on and off roads and rails.
END OF ADDITIONAL TERMS AND CONDITIONS FOR ITB
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