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Agenda 01/23/2018 Item #16F3Proposed Agenda Changes Board of County Commissioners Meeting January 23, 2018 Withdraw Item 16K7: Request that the Board set the balloting date for the recommendation of members to the Pelican Bay Services Division Board by record title owners of property within Pelican Bay, and adopt the recommendations set forth in the Executive Summary as to the filling of these seats. (Staff and County Attorney’s request - One of the candidates has withdrawn, so that we now have the same number of candidates as open seats. There is no need for an election. Staff will reschedule for a future Board meeting) Move Item 17A to Item 9A: Recommendation to adopt an ordinance making it unlawful to knowingly hire an unlicensed contractor. (Commissioner Solis’ request) Move Item 16K6 to Item 12B: Recommendation to appoint a member to the Affordable Housing Advisory Committee. (Commissioner Fiala’s request) Note: Correction Item 16F3 should read: Procurement staff and Tourism staff have reviewed the bid submissions and chosen Publication Printers Corporation based on price, references and experience of publishing similar guides. Therefore, staff recommends award of the printing 75,000 copies of the 2018 Visitor Guide to the lowest bidder in six all of the seven alternative quantities and bindings, Publication Printer Corporation, Denver CO. (Staff’s request) 01/23/2018 EXECUTIVE SUMMARY Recommendation to award ITB 18-7247 “Printing of Visitor Guides” to Publication Printers Corporation for the Tourism Division to print 75,000 copies of the 2018 Collier County Visitor Guides for a not to exceed amount of $31,236 and make a finding that this action promotes tourism. _____________________________________________________________________________________ OBJECTIVE: Recommendation to select printing vendor for the tourism annual Visitor Guide. CONSIDERATIONS: Annually the Tourism Division produces a printed Visitor Guide that is distributed around the world to publicize the destination. In this guide, there are original editorials highlighting unique aspects of our County and focused advertising to benefit local businesses. 75,000 copies will be printed for distribution worldwide during 2018 to tourists and potential visitors. In May 2016, the publishing of the annual tourism visitor guide was solicited and subsequently awarded to Florida Homes Magazine LLC d/b/a Fuse Media. (BCC Meeting 7/12/2016, Item 16F4). Fuse Media published the 2017 guide and has now completed the production of the 2018 guide. The printing of the annual visitor guide has been solicited by Collier County Procurement separately from the production for the past two years. We are now ready to print the 2018 visitor guide. The Collier County Procurement Division developed ITB 18-7247 - Printing of Visitors Guides. The ITB was publicly advertised on November 6, 2017. E-mail notices were sent to 328 firms with 35 firms requesting full solicitation packages. Two b id responses were received by the due date of December 6, 2017 from Publication Printer Corp., Denver, CO and Solo Printing, LLC, Miami, FL. Proposed pricing from each of the bidders can be seen below: PUBLICATION PRINTERS CORP. Denver, CO SOLO PRINTING, LLC Miami, FL Line Qty* Total Line Qty* Total Total Line Qty* Total A Price per 500 $ 227.48 H Price per 1,000 $ 454.96 $ 244.65 H Price per 1,000 $ 489.29 B Price per 500 $ 221.22 I Price per 1,000 $ 442.44 $ 224.71 I Price per 1,000 $ 449.43 C Price per 500 $ 208.24 J Price per 1,000 $ 416.48 $ 230.29 J Price per 1,000 $ 460.57 D Price per 500 $ 201.98 K Price per 1,000 $ 403.96 $ 208.19 K Price per 1,000 $ 416.37 E Price per 500 $ 206.68 L Price per 1,000 $ 413.36 $ 221.11 L Price per 1,000 $ 442.21 F Price per 500 $ 200.41 M Price per 1,000 $ 400.84 $ 199.01 M Price per 1,000 $ 398.01 G Price per 500 $ 180.38 N Price per 1,000 $ 360.77 $ 182.48 N Price per 1,000 $ 364.96 This solicitation was advertised with seven options that differed in page counts and binding methods (Perfect Bound or Saddle Stitched and 52, 58, 60 or 64 pages). The final page count of the publication is dependent on the final number of ads sold by the Publisher and number of editorial pages created. Staff has selected Option C above for 60 pages and perfect binding based on the final production results provided by the publisher. Procurement staff and Tourism staff have reviewed the bid submissions and chosen Publication Printers 16.F.3 Packet Pg. 466 01/23/2018 Corporation based on price, references and experience of publishing similar guides. Therefore, staff recommends award of the printing 75,000 copies of the 2018 Visitor Guide to the lowest bidder in all seven alternative quantities and bindings, Publication Printer Corporation, Denver CO. A Purchase Order with Collier County's standard terms and conditions will be issued for this award. FISCAL IMPACT: The cost to print 75,000 copies of the 2018 Visitor Guide for the 60 pages and perfect binding (Option C) is $31,236. The budget for this printing is provided in the BCC approved FY 18 budget in TDC Tourism Promotion Fund (184.) The cost history to print the annual Visitor Guide has ranged between $40,353 and $43,727 over the past five years. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan with this action. ADVISORY BOARD RECOMMENDATION: The Tourist Development Council will review this item at the January 22, 2018 meeting. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval. - CMG RECOMMENDATION: To award ITB 18-7247 “Printing of Visitor Guides” to Publication Printers Corporation for the Tourism Division to print 75,000 of the 2018 Collier County Visitor Guides using option C above for a not to exceed amount of $31,236 and make a finding that this action promotes tourism. Prepared by: Jack Wert, Tourism Director ATTACHMENT(S) 1. 18-7247 Solicitation (DOCX) 2. 18-7247 Attachment A - Scope of Services (DOCX) 3. 18-7247 Bid Tab (PDF) 4. 18-7247 NORA (PDF) 16.F.3 Packet Pg. 467 01/23/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.F.3 Doc ID: 4510 Item Summary: Recommendation to award ITB 18-7247 “Printing of Visitor Guides” to Publication Printers Corporation for the Tourism Division to print 75,000 copies of the 2018 Collier County Visitor Guides for a not to exceed amount of $31,236 and make a finding that this action promotes tourism. Meeting Date: 01/23/2018 Prepared by: Title: Tourist Development Tax Coordinator – Tourism Name: Kelly Green 01/10/2018 12:12 PM Submitted by: Title: Division Director - Tourism – Tourism Name: Jack Wert 01/10/2018 12:12 PM Approved By: Review: Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 01/10/2018 1:20 PM Tourism Ed Caum Deputy Director Review Completed 01/11/2018 7:42 AM Procurement Services Sandra Herrera Additional Reviewer Completed 01/12/2018 12:06 PM Procurement Services Ted Coyman Additional Reviewer Completed 01/12/2018 12:54 PM Procurement Services Swainson Hall Additional Reviewer Completed 01/12/2018 1:21 PM Tourism Jack Wert Director Review Completed 01/15/2018 3:12 PM County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 01/16/2018 2:29 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/16/2018 2:43 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/16/2018 2:45 PM Budget and Management Office Ed Finn Additional Reviewer Completed 01/16/2018 3:08 PM County Manager's Office Tim Durham Executive Director- Corp Business Ops Completed 01/16/2018 4:08 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 01/16/2018 4:56 PM Board of County Commissioners MaryJo Brock Meeting Pending 01/23/2018 9:00 AM 16.F.3 Packet Pg. 468 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS INVITATION TO BID (ITB) FOR PRINTING OF VISITOR GUIDES SOLICITATION NO.: 18-7247 BRENDA BRILHART, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-8446 brendabrilhart@colliergov.net (Email) This proposal solicitation document is prepared in a Microsoft Word format (Rev 8/2/2017). 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. 16.F.3.a Packet Pg. 469 Attachment: 18-7247 Solicitation (4510 : ITB 18-7247 "Printing of Visitor Guides") ITB 18-7247 Printing of Visitor Guide 2 TABLE OF CONTENTS ITEM DESCRIPTION ...................................................................................................................................................... 1. Introduction 2. Background 3. Term of Contract 4. Award Criteria General Bid Instructions 5. Purpose/Objective 6. Pricing 7. Alternate Bid Pricing 8. Equal Product 9. Discount 10. Addenda 11. Bid Submission 12. Questions 13. Protests 14. Local Vendor Preference 15. Immigration Affidavit Certification 16. Lobbying 17. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) 18. General Information 19. Bid Award Process 20. Reserved Rights 21. Collier County Purchase Order Terms and Conditions Additional Terms and Conditions 22. Insurance and Bonding Requirements 23. Additional items and/or Service 24. Vendor Performance Evaluation 25. Additional Terms and Conditions of Contract 26. Public Records Compliance 27. Payment Method 28. Environmental Health and Safety 29. Licenses 30. Survivability 31. Relation of County 32. Termination 33. Public Entity Crime 34. Security and Background Checks 35. Conflict of Interest 36. Prohibition of Gifts to County Employees 37. Deduction for Non-Performance 38. Offer Extended to Other Governmental Entities 39. Florida Wood Products 40. Standards of Conduct 41. Protection of Property 42. Collier County Information Technology Requirements 43. Maintenance of Traffic Policy 44. Debris 45. Direct Material Purchase 46. Grant Compliance Attachments Attachment A – Scope of Services Attachment B – Required RFP Forms Attachment C – Bid Schedule 16.F.3.a Packet Pg. 470 Attachment: 18-7247 Solicitation (4510 : ITB 18-7247 "Printing of Visitor Guides") ITB 18-7247 Printing of Visitor Guide 3 SOLICITATION PUBLIC NOTICE INVITATION TO BID (ITB) NUMBER: 18-7247 PROJECT TITLE: Printing of Visitor Guides POST DATE: November 6, 2017 PRE-BID CONFERENCE: N/A BID OPENING DAY/DATE/TIME: December 6, 2017 at 2:30 PM PLACE OF BID OPENING: PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FL 34112 1. INTRODUCTION As requested by the Tourism 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 Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Procurement Ordinance. As requested by the Collier County Naples, Marco Island, Everglades Convention & Visitors Bureau Division (hereinafter, the “Division or Department”), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, “County”) has issued this Invitation to Bid (hereinafter, “ITB”) with the intent of obtaining bids from interested and qualified firms in accordance with the terms, conditions and specifications stated or attached. The Vendor, at a minimum, must achieve the requirements of the Scope of Work and specifications stated. 2. BACKGROUND The Naples, Marco Island, Everglades Convention & Visitors Bureau (CVB) is the official destination marketing organization for Collier County. The County covers a large geographic area and has a diversified tourism product and produce a Visitor Guide for the entire destination and the County, and is now desirous of contracting with a company to print 75,000 copies of the publication. The publication will be used as a fulfillment piece for the combined tourism marketing effort of the overall destination. Historically, County departments have spent approximately $50,000 annually. This amount has been provided for reference only and no minimum amount is guaranteed or implied; future expenditures will be based on available County Department budgetary funding. 3. TERM OF CONTRACT The contract term, if an award(s) is/are made is intended to for one (1) year with one (1) year renewal option. Prices shall remain firm for the term of this contract. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. 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. 4. 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:  Award to the lowest, responsive and responsible bidder per line item. 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 16.F.3.a Packet Pg. 471 Attachment: 18-7247 Solicitation (4510 : ITB 18-7247 "Printing of Visitor Guides") ITB 18-7247 Printing of Visitor Guide 4 quoting, or other options that represents the best value to the County; however, it is the intent to:  The intent of the County is to award to one (1) firm per line item. 4.5 The County reserves the right to issue a formal contract or standard County Purchase Order for the award of this solicitation. GENERAL BID INSTRUCTIONS 5. 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 accorda nce with the terms, conditions, and specifications stated and/or attached herein/hereto. The successful vendor will hereinafter be referred to as the “Vendor”. All bids must be submitted on the Bid 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 subm itted as being rejected as non-responsive. 6. 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 th e Board of County Commissioners, prices may only be adjusted as outlined. 7. 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. EQUAL PRODUCT Manufacturer’s name, brand name and/or model number are used in these specifications for the purpose of establishing minimum requirements of level of quality, standards of performance and/or design required, and is in no way in tended to prohibit the bidding of other manufacturer’s items of equal or similar material. An equal or similar product may be bid, provided that the product is found by the County to be equal or similar in quality, standard of performance, design, etc. to the item specified. Where an equal or similar is bid, the Bid must be accompanied with two (2) complete sets of factory information sheets (specifications, brochures, etc.) and test results, if applicable, of unit bid as equal or similar. Equal product samples, if required for evaluation, and at no cost to the County, the vendor must contact the Procurement Services Division for instructions on submittal. The County shall be sole judge of equality or similarity, and its decision shall be final in the best interest. 9. 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. 10. ADDENDA The County reserves the right to formally amend and/or clarify the requirements of the bid specifications where it deems necessary. Any such addendum/clarification shall be in writing and 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 downloaded 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. 11. BID SUBMISSION All electronic bids shall be submitted online via the Collier County Procurement Services Division Online Bidding System: www.colliergov.net/bid 16.F.3.a Packet Pg. 472 Attachment: 18-7247 Solicitation (4510 : ITB 18-7247 "Printing of Visitor Guides") ITB 18-7247 Printing of Visitor Guide 5 12. QUESTIONS If the vendor should be of the opinion that the meaning of any part of the Bid Document is doubtful, obscure or contains erro rs 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 No tice. 13. 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. 14. LOCAL VENDOR PREFERENCE (LVP) 14.1 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. 14.2 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. 14.3 Under this solicitation, bidders desiring to receive local preference will be invited and required to affirmativel y 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. 14.4 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 lowest price bid, and the bid submitted by one or more qualified and responsive local businesses is within ten percent of the price submitted by the non-local business, then the local business with the apparent lowest bid offer (i.e., the lowest local bidder) shall have the opportunit y to submit an offer to match the price(s), less one (1) dollar, offered by the overall lowest, qualified and responsive bidder. In such instances, staff shall first verify if the lowest non-local bidder and the lowest local bidder are in fact qualified and responsive bidders. Next, the 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 days thereafter. If the lowest local bidder submits an offer that fully matches the lo west bid, less one (1) dollar, fr o m the lowest non-local bidder tendered previously, then award shall be made to the local bidder. If the lo west local bidder declines or is unable to match the lowest non-local bid price(s), then award will be made to the lowest overall qualified and responsive bidder. If the lowest local bidder does not meet the requirement of Fla. Stat. Sec 287.087 , and the lowest non-local bidder does, award will be made to the bidder that meets the requirements of the reference state law. 14.5 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. 14.6 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. 14.7 The County may, as it deems necessary, conduct discussions with responsible bidders determined to be in contention for 16.F.3.a Packet Pg. 473 Attachment: 18-7247 Solicitation (4510 : ITB 18-7247 "Printing of Visitor Guides") ITB 18-7247 Printing of Visitor Guide 6 being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. 15. IMMIGRATION AFFIDAVIT CERTIFICATION 15.1 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 (ITB) including professional services and construction services. (1) Exceptions to the program: (a) Commodity based procurement where no services are provided. (b) Where the requirement for the affidavit is waived by the Board of County Commissioners. 15.2 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 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. 15.3 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. 15.4 For additional information regarding the Employment Eligibilit y 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. 15.5 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. 16. 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. 17. 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 award to another fi rm. 18. 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. 19. 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. 16.F.3.a Packet Pg. 474 Attachment: 18-7247 Solicitation (4510 : ITB 18-7247 "Printing of Visitor Guides") ITB 18-7247 Printing of Visitor Guide 7 20. 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 decreas e 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. COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS 21. PURCHASE ORDER TERMS AND CONDITIONS 21.1 Offer This offer is subject to cancellation by the COUNTY without notice if not accepted by VENDOR within fourteen (14) days of issuance. 21.2 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. 21.3 Inspection 21.3.1 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 returned pursuant to VENDOR'S instruction at VENDOR’S expense. 21.3.2 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 servic es provided early in the term of the Purchase Order are non conforming or otherwise rejected by the COUNTY. 21.4 Shipping and Invoices 21.4.1 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. 21.4.2 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. Unless freight and other charges are itemized, any discount will be taken on the full amount of invoice. 21.4.3 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. 21.4.4 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 o f 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. 16.F.3.a Packet Pg. 475 Attachment: 18-7247 Solicitation (4510 : ITB 18-7247 "Printing of Visitor Guides") ITB 18-7247 Printing of Visitor Guide 8 21.5 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 th at 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. 21.6 Changes The COUNTY may at any time and by written notice make changes to drawings and specifi cations, shipping 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. 21.7 Warranties VENDOR expressly warrants that the goods and/or services covered by this Purchase Order will conform to t he 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. 21.8 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. 21.9 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 identify ing marks or property without the prior written consent of the COUNTY’S Purchasing Department. 21.10 Indemnification 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 (incl uding property of the COUNTY or other persons), which arise out of or are incident to the goods and/or services to be provided hereunder. 21.11 Warranty of Non Infringement 21.11.1 VENDOR represents and warrants that all goods sold or services performed under this P urchase 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. 21.11.2 VENDOR shall indemnify and hold harmless the COUNTY from and against any and all c laims, 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). 21.11.3 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). 21.12 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. 16.F.3.a Packet Pg. 476 Attachment: 18-7247 Solicitation (4510 : ITB 18-7247 "Printing of Visitor Guides") ITB 18-7247 Printing of Visitor Guide 9 21.13 Compliance with Laws In fulfilling the terms of this Purchase Order, VENDOR agrees that it will comply with all federal, state, and loca l 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 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 t o 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. 21.14 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. 21.15 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. 21.16 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. 21.17 Annual Appropriations The COUNTY’S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 21.18 Termination This Purchase Order may be terminated at any time by the COUNTY upon 30 d ays 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. 21.19 General 21.19.1 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 21.19.2 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. 21.19.3 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. 21.19.4 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. 21.19.5 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. 16.F.3.a Packet Pg. 477 Attachment: 18-7247 Solicitation (4510 : ITB 18-7247 "Printing of Visitor Guides") ITB 18-7247 Printing of Visitor Guide 10 ADDITIONAL TERMS AND CONDITIONS FOR ITB 22. INSURANCE AND BONDING REQUIREMENTS 22.1 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. 22.2 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. 22.3 Collier County shall be responsible for purchasing and maintaining, its own liability insurance. 22.4 Certificates issued as a result of the award of this solicitation must identify “For any and all work performed on behalf of Collier County.” 22.5 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. 22.6 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 22.7 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. 22.8 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. 22.9 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 limit reinstated to the full extent permitted under such policy. 22.10 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 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 insur ance, 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 Contra ct. 22.11 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. 23. 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. 24. VENDOR PERFORMANCE EVALUATION The County has implemented a Vendor Performance Evaluation System for all contracts awarded in ex cess of $25,000. To 16.F.3.a Packet Pg. 478 Attachment: 18-7247 Solicitation (4510 : ITB 18-7247 "Printing of Visitor Guides") ITB 18-7247 Printing of Visitor Guide 11 this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 25. ADDITIONAL TERMS AND CONDITIONS OF CONTRACT 25.1 The selected Vendor may be required to sign a standard Collier County contract. 25.2 The resultant contract(s) may include purchase or work orders issued by the County’s project manager . 25.3 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. 25.4 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. 26. PUBLIC RECORDS COMPLIANCE 26.1Florida Public Records Law Chapter 119, including specifically those contrac tual 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 26.2 The Contractor must specifically comply with the Florida Public Records Law to: 26.2.1 Keep and maintain public records required by the public agency to perform the service. 26.2.2 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 ti me at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 26.2.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized b y 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. 26.2.4 Upon completion of the contract, transfer, at no cost, to the public agency all public records in p ossession 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. 27. 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 and 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 East, Suite 700 Naples FL 34112 Or Emailed to: bccapclerk@collierclerk.com 16.F.3.a Packet Pg. 479 Attachment: 18-7247 Solicitation (4510 : ITB 18-7247 "Printing of Visitor Guides") ITB 18-7247 Printing of Visitor Guide 12 27.1 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. 27.2 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 Coun ty 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. 27.3 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. 28. ENVIRONMENTAL HEALTH AND SAFETY 28.1 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 Codes. 28.2 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. 28.3 All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. 28.4 All electrical installations shall be labeled with appropriate NFPA 70E arch flash bo undary and PPE Protective labels. 29. LICENSES 29.1 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 applic able 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. 29.2 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. 29.3 If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and 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. 30. SURVIVABILITY The Vendor agrees that any Purchase Order that extends beyond the expirat ion date of the original Solicitation 18-7247 will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Purchase Order. 31. 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. 32. 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 16.F.3.a Packet Pg. 480 Attachment: 18-7247 Solicitation (4510 : ITB 18-7247 "Printing of Visitor Guides") ITB 18-7247 Printing of Visitor Guide 13 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 Bo ard’s Procurement Ordinance. 33. 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 construct ion 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. 34. SECURITY AND BACKGROUND CHECKS 34.1 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, 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. 34.2 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. 34.3 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. 34.4 CCSO requires separate fingerprinting prior to work being performed in any of their locat ions. This will be coordinated upon award of the contract. If there are additional fees for this process, the vendor is responsible for all costs. 35. 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 is subject to County staff review and does not in and of itself disqualify a firm fr om consideration. These disclosures are intended to identify and or preclude conflict of interest s ituations during contract selection and execution. 36. 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 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, ITB, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 37. 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. 38. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES Collier County encourages and agrees to the successful vendor extending the pricing, terms and conditions of this solicitatio n or resultant contract to other governmental entities at the discretion of the successful vendor. 39. 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. 16.F.3.a Packet Pg. 481 Attachment: 18-7247 Solicitation (4510 : ITB 18-7247 "Printing of Visitor Guides") ITB 18-7247 Printing of Visitor Guide 14 40. STANDARDS OF CONDUCT The Vendor shall employ people to work on County projects who are neat, clean, well -groomed and courteous. Subject to the American with Disabilities Act, Vendor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Vendor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 41. PROTECTION OF PROPERTY The Vendor shall ensure that the service is performed in such manner as to not damage any property. In the event damage occurs to any property as a direct result of the Vendor or their Sub vendor in the performance of the required service, the Vendor shall repair/replace, to the County’s satisfaction, damaged property at no additional cost to the County. If the damage caused by the Vendor or their Sub vendor has to be repaired/replaced by the County, the cost of such work will be deducted from the monies due the Vendor. The County’s project manager shall coordinate with the Vendor/Contractor the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work. 42. COLLIER COUNTY INFORMATION TECHNOLOGY REQUIREMENTS All vendor access will be done via VPN access only. All access must comply with current published County Manager Agency (CMA) policies. Current policies that apply are CMAs 5402, 5403 and 5405. These policies will be available upon request from the Information Technology Department. All vendors will be required to adhere to IT policies for access to the County network. Vendors are required to notify the County in writing twenty -four (24) hours in advance as to when access to the network is planned. Included in this request must be a detailed work plan with actions that will be taken at the time of access. The County IT Department has developed a Technical Architecture Requirements Document that is required to be filled out and submitted with your bid response. This document can be found on the Collier County Procurement Services Division website: www.colliergov.net/purchasing. On the left hand side of the menu, click on CC Technical Requirements. If this document is not submitted with your bid response, your bid response may be deemed non -responsive. 43. 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 Contra ct. 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. 44. DEBRIS Vendor shall be responsible for the removal and disposal of all debris from the site and the cleaning of the affected areas. Vendor shall keep the premises free of debris and unusable materials resulting from their work and as work progresses; or upon the request of the County’s representative, shall remove and dispose such debris and materials from the property. The Vendor shall leave all affected areas as they were prior to beginning work. 45. DIRECT MATERIAL PURCHASE 45.1The County reserves the right to require Vendor to assign some or all of its agree ments 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 bo th 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: 45.1.1 Required quantities of material 45.1.2 Specifications relating to goods and/or materials required for job including brand and/or model number or type if applicable 45.1.3 Pricing and availability of goods and/or materials provided under Vendor’s agreements with material suppliers 46. GRANT COMPLIANCE The purchase of any goods and/or services that are funded through Federal Grant Appropriations, the State of Florida, or any other public or private foundations shall be subject to the compliance and reporting requirements of the granting agency. 16.F.3.a Packet Pg. 482 Attachment: 18-7247 Solicitation (4510 : ITB 18-7247 "Printing of Visitor Guides") COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS INVITATION TO BID (ITB) FOR Printing of Visitor Guides SOLICITATION NO.: 18-7247 ATTACHMENT A – SCOPE OF SERVICES BRENDA BRILHART, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-8446 brendabrilhart@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. 16.F.3.b Packet Pg. 483 Attachment: 18-7247 Attachment A - Scope of Services (4510 : ITB 18-7247 "Printing of Visitor Guides") ITB 18-7247 Printing of Visitor Guides Attachment A - Scope of Work/Services and Technical Specifications County Staff is currently working with a contracted vendor to develop and create a production proof of its 2018 Visitor’s Guide. When the final product is approved for printing, it will be provided to the awarded bidder for the printing of an anticipated 75,000 copies, packed and delivered to the Naples, Marco Island, Everglades Convention & Visitors Bureau offsite fulfillment warehouse, address provided below: Phase V 7920 Interstate Court North Fort Myers, FL 33917 Interested bidders will be asked to provide pricing for all line items, each specifying the number of pages and the binding method for this guide. County requires that the successful bidder print the guides in their own facility – subcontracting is not permitted. The version of the guide that will be awarded depends on the amount of content that is available to be included in the guide and the County’s decision on the preferred binding method (Perfect Bound). The County intends to spend approximately $50,000 on this guide. A full specification of each version is listed below: PRINTING SPECIFICATIONS FOR 2018 TOURISM VISITOR GUIDE Version A: 64 pages (60 text pages plus 4 cover pages): Cost for printing, binding, packaging and distribution; Perfect Bound: Trim Size: 8”h x 10.5”h; Paper: 80# gloss cover; 60# #3 gloss text; Packaging: C arton Pack; and Details: Flood Gloss UV F&B Cover] Version B: 64 pages (60 text pages plus 4 cover pages): Cost for printing, binding, packaging and distribution, Saddle Stitched: Trim Size: 8”h x 10.5”h; Paper: 80# gloss cover; 60# #3 gloss text; Packag ing: Carton Pack; and Details: Flood Gloss UV F&B Cover] Version C: 60 pages (56 text pages plus 4 cover pages): Cost for printing, binding, packaging and distribution Perfect Bound: Trim Size: 8”h x 10.5”h; Paper: 80# gloss cover; 60# #3 gloss text; Packaging: Carton Pack; and Details: Flood Gloss UV F&B Cover] Version D: 60 pages (56 text pages plus 4 cover pages): Cost for printing, binding, packaging and distribution. Saddle Stitched: Trim Size: 8”h x 10.5”h; Paper: 80# gloss cover; 60# #3 gloss text; Packaging: Carton Pack; and Details: Flood Gloss UV F&B Cover] Version E: 56 pages (52 text pages plus 4 cover pages): Cost for printing, binding, packaging and distribution Perfect Bound: Trim Size: 8”h x 10.5”h; Paper: 80# gloss cover; 60# #3 gloss text; Packaging: Carton Pack; and Details: Flood Gloss UV F&B Cover] Version F: 56 pages (52 text pages plus 4 cover pages): Cost for printing, binding, packaging and distribution: Saddle Stitched: Trim Size: 8”h x 10.5”h; Paper: 80# gloss cover; 60# #3 gloss text; Packaging: Carton Pack; and Details: Flood Gloss UV F&B Cover] Version G: 52 pages (48 text pages plus 4 cover pages): Cost for printing, binding, packaging and distribution; Saddle Stitched: Trim Size: 8”h x 10.5”h; Paper: 80# gloss cover; 60# #3 gloss text; Packaging: Carton Pack; and Details: Flood Gloss UV F&B Cover] ** ** Perfect Bound is not recommended for a publication less than 56 pages. Most printers will not guarantee that the binding will hold since it will be a very narrow spine for this custom printing project. 16.F.3.b Packet Pg. 484 Attachment: 18-7247 Attachment A - Scope of Services (4510 : ITB 18-7247 "Printing of Visitor Guides") PM: Jack Wert PS: Brenda Brilhart ITB 18-7247 Printing of Annual Visitor Guides Notices: 328 Pkgs Downloaded: 35 Bids: 2 Line Description Qty*Total Line Qty*Total Total Line Qty*Total A Version A: 64 pages (60 text pages plus 4 cover pages): Cost for printing, binding, packaging and distribution; Perfect Bound Trim Size: 8”h x 10.5”h; Paper: 80# gloss cover; 60# #3 gloss text; Packaging: Carton Pack; and Details: Flood  Gloss UV F&B Cover] Price per 500 227.48$ H Price per 1,000 454.96$ 244.65$ H Price per 1,000 489.29$ B Version B: 64 pages (60 text pages plus 4 cover pages): Cost for printing, binding, packaging and distribution, Saddle Stitched; Trim Size: 8”h x 10.5”h; Paper: 80# gloss cover; 60# #3 gloss text; Packaging: Carton Pack; and Details: Flood  Gloss UV F&B Cover] Price per 500 221.22$ I Price per 1,000 442.44$ 224.71$ I Price per 1,000 449.43$ C Version C: 60 pages (56 text pages plus 4 cover pages): Cost for printing, binding, packaging and distribution Perfect Bound; Trim Size: 8”h x 10.5”h; Paper: 80# gloss cover; 60# #3 gloss text; Packaging: Carton Pack; and Details: Flood  Gloss UV F&B Cover] Price per 500 208.24$ J Price per 1,000 416.48$ 230.29$ J Price per 1,000 460.57$ D Version D: 60 pages (56 text pages plus 4 cover pages): Cost for printing, binding, packaging and distribution. Saddle Stitched; Trim Size: 8”h x 10.5”h; Paper: 80# gloss cover; 60# #3 gloss text; Packaging: Carton Pack; and Details: Flood  Gloss UV F&B Cover] Price per 500 201.98$ K Price per 1,000 403.96$ 208.19$ K Price per 1,000 416.37$ E Version E: 56 pages (52 text pages plus 4 cover pages): Cost for printing, binding, packaging and distribution Perfect Bound;  Trim Size: 8”h x 10.5”h; Paper: 80# gloss cover; 60# #3 gloss text; Packaging: Carton Pack; and Details: Flood  Gloss UV F&B Cover] Price per 500 206.68$ L Price per 1,000 413.36$ 221.11$ L Price per 1,000 442.21$ F Version F: 56 pages (52 text pages plus 4 cover pages): Cost for printing, binding, packaging and distribution: Saddle Stitched; Trim Size: 8”h x 10.5”h; Paper: 80# gloss cover; 60# #3 gloss text; Packaging: Carton Pack; and Details: Flood  Gloss UV F&B Cover] Price per 500 200.41$ M Price per 1,000 400.84$ 199.01$ M Price per 1,000 398.01$ G Version G: 52 pages (48 text pages plus 4 cover pages): Cost for printing, binding, packaging and distribution; Saddle Stitched; Trim Size: 8”h x 10.5”h; Paper: 80# gloss cover; 60# #3 gloss text; Packaging: Carton Pack; and Details: Flood  Gloss UV F&B Cover] ** Price per 500 180.38$ N Price per 1,000 360.77$ 182.48$ N Price per 1,000 364.96$ *Anticipated 75,000 guides will be printed annually Award will be based on the best value to the County. Recommended Award per Line Item FORMS TO SUBMIT WITH BID:Yes/No Yes/No Form 2: Bidders Checklist Yes Yes Form 3: Conflict of Interest Yes Yes Form 4: Declaration Statement Yes Yes Form 5: Immigration Affidavit and MOU or Profile Page Yes/No Yes/No Form 6: W-9 Yes Yes Form 7: Insurance Requirements Yes Yes Form 8: Questionnaires should be completed by clients/customers and returned with bid package.No Yes (1) Form 9: Local Vendor Preference Affidavit No No Brenda Brilhart, Procurement Strategist Viviana Giarimoustas, Witness SOLO PRINTING, LLC Miami, FL PUBLICATION PRINTERS CORP. Denver, CO 16.F.3.c Packet Pg. 485 Attachment: 18-7247 Bid Tab (4510 : ITB 18-7247 "Printing of Visitor Guides") 16.F.3.d Packet Pg. 486 Attachment: 18-7247 NORA (4510 : ITB 18-7247 "Printing of Visitor Guides")