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Agenda 05/12/2015 Item #16D5 EXECUTIVE SUMMARY Recommendation to award Request for Proposal No. 14-6274, Parks and Recreation Activity Management Software Solution to the Active Network, LLC, authorize Chairman to execute Agreement, and authorize the necessary budget amendment. OBJECTIVE : To ensure the efficiency and effectiveness of Parks and Recreation operations by maintaining continuity among its automated registration, reservation and accounting systems. CONSIDERATIONS: In April of 2004 the Parks and Recreation Department implemented the CLASS software system to automate the management of recreation programs and activities. In the fall of 2012 the Department was notified by the CLASS software vendor that they would be discontinuing support for the product. As a result, the Department developed a scope of work and collaborated with the Procurement Services Division to solicit for a software solution. On July 31, 2014, Request for Proposal (RFP) No. 14-6274 was posted on the Procurement Services Division website. Notices were sent to 883 vendors and 30 solicitation packages were downloaded. Two responsive proposals were received on September 16, 2014. A selection committee met on October 3, 2014, and by consensus the members selected the Active Network, LLC as the top vendor to perform the services as outlined within the RFP. Active Network, LLC offers a completely web-based Software as a Service (SaaS) solution (Active Net) to manage all facility functions, memberships, and league and recreational program registrations. The ongoing service costs for the Active Net solution are based on a per-receipt (transaction) fee structure. These transaction fees will be deducted from revenues processed directly by the vendor. Included in the fees are unlimited technical support, necessary upgrades, hosting/maintenance of data, back-ups, and integrated payment processing fees. Staff recommends award to the Active Network, LLC. Parks and Recreation staff with the Procurement Services Division’s assistance developed a cost comparison shown below to evaluate the true cost of transitioning into a new system. Yearly costs provided in the table below include IT related costs for both systems and yearly maintenance with the current system. Transaction charges represent fees associated with each credit card transaction only under the current system and all transactions under the proposed system. CLASS Active Net Difference Year One Sys Op erating Costs/Implementation Fee $103,523.50 $35,900.00 Transaction Charges $88,450.11 $150,699.34 Subtotal $191,973.61 $186,599.34 ($5,374.27) Year Two Sys Operating Costs $103,523.50 $23,100.00 Transaction Charges $88,450.11 $150,699.34 Subtotal $191,973.61 $173,799.34 ($18,174.27) Packet Page -849- 5/12/2015 16.D.5. Full implementation of the Active Network LLC., web-based Activity Management Software Solution is planned for the second quarter of FY16. FISCAL IMPACT: The current CLASS activities management software system has an annual operating cost impact of $191,973 that includes both system operating costs and transaction charges when a credit card is used. These costs are provided for in the current Parks & Recreation Division budget. The proposed Active Network, LLC., web-based Activity Management Software Solution has a modestly lower total estimated cost of approximately $173,800 after the one time implementation fee of $12,800 is paid in year one. Ongoing operating costs of $23,100 provide for league scheduling functionality. Costs for the Active Network, LLC., Web-based software solution are primarily incurred on a transaction basis. A Budget Amendment for $12,800 in the FY15 Parks Capital Improvement Project Fund (306) Activity Management Software Project (80258) is necessary to cover implementation costs. GROWTH MANAGEMENT IMPACT : There is no Growth Management Impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires majority vote for approval. - CMG RECOMMENDATION : That the Board of County Commissioners awards RFP No. 14-6274, Parks and Recreation Activity Management Software Solution, to the Active Network, LLC, authorizes the Chairman to execute the Agreement after review and approval by the County Attorney; and authorizes the necessary budget amendment. Prepared by: Natali Betancur, Operations Analyst, Parks and Recreation Division Attachments: 1) Contract, 2) Budget Amendment Year Three Sys Operating Costs $103,523.50 $23,100.00 Transaction Charges $88,450.11 $150,699.34 Subtotal $191,973.61 $173,799.34 ($18,174.27) Year Four Sys Operating Costs $103,523.50 $23,100.00 Transaction Charges $88,450.11 $150,699.34 Subtotal $191,973.61 $173,799.34 ($18,174.27) TOTAL FOR 4 FULL YEARS OF PROGRAM $767,894.44 $707,997.34 ($59,897.10) Packet Page -850- 5/12/2015 16.D.5. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.5. Item Summary: Recommendation to award Request for Proposal No. 14-6274, Parks and Recreation Activity Management Software Solution to the Active Network, LLC, authorize Chairman to execute Agreement, and authorize the necessary budget amendment. Meeting Date: 4/14/2015 Prepared By Name: BetancurNatali Title: Operations Analyst, Beach & Water 1/2/2015 12:58:05 PM Approved By Name: WilliamsBarry Title: Division Director - Parks & Recreation, Parks & Recreation Date: 3/24/2015 4:54:10 PM Name: TownsendAmanda Title: Division Director - Operations Support, Public Services Department Date: 3/27/2015 10:56:03 AM Name: AlonsoHailey Title: Operations Analyst, Public Services Department Date: 3/30/2015 2:27:56 PM Name: WashburnIlonka Title: Manager - Park Operations, Parks & Recreation Date: 3/31/2015 8:34:49 AM Name: MarkiewiczJoanne Title: Division Director - Purchasing & Gen Svc, Purchasing & General Services Date: 3/31/2015 12:41:37 PM Name: GreeneColleen Title: Assistant County Attorney, CAO General Services Date: 3/31/2015 3:18:16 PM Packet Page -851- 5/12/2015 16.D.5. Name: CarnellSteve Title: Department Head - Public Services, Public Services Department Date: 4/2/2015 11:29:45 AM Name: GreeneColleen Title: Assistant County Attorney, CAO General Services Date: 4/3/2015 9:55:53 AM Name: KlatzkowJeff Title: County Attorney, Date: 4/6/2015 1:33:03 PM Name: FinnEd Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management Date: 4/7/2015 11:12:43 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 4/7/2015 2:19:31 PM Packet Page -852- 5/12/2015 16.D.5. Packet Page -853- 5/12/2015 16.D.5. Packet Page -854- 5/12/2015 16.D.5. Packet Page -855- 5/12/2015 16.D.5. Packet Page -856- 5/12/2015 16.D.5. Packet Page -857- 5/12/2015 16.D.5. Packet Page -858- 5/12/2015 16.D.5. Packet Page -859- 5/12/2015 16.D.5. Packet Page -860- 5/12/2015 16.D.5. Packet Page -861- 5/12/2015 16.D.5. Packet Page -862- 5/12/2015 16.D.5. Packet Page -863- 5/12/2015 16.D.5. Packet Page -864- 5/12/2015 16.D.5. 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Packet Page -890- 5/12/2015 16.D.5. 1 14 -6274 Parks and Rec Activity Management Software Solution REQUEST FOR PROPOSAL COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Solicitation 14 -6274 Parks & Recreation Activity Management Software Solution (AMSS) Joanne Markiewicz, Procurement Director 239 -252 -8975 (Telephone) 239 -252 -6480 (Fax) joannemarkiewicz@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 . Packet Page -891- 5/12/2015 16.D.5. 2 14 -6274 Parks and Rec Activity Management Software Solution Table of Contents LEGAL NOTICE .................................................................................................................................. 3 EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT ............................... 4 AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS .................................................... 28 EXHIBIT II: GENERAL RFP INSTRUCTIONS .................................................................................. 30 EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIO NS ....................... 34 EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP .................................................. 38 ATTACHMENT 1: VENDOR’S NON -RESPONSE STATEMENT ...................................................... 46 ATTACHMENT 2: VENDOR CHECK LIST ....................................................................................... 47 ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT ............................................................... 48 ATTACHMENT 4: VENDOR DECLARATION STATEMENT ............................................................ 49 ATTACHMENT 5: IMMIGRATION AFFIDAVIT CERTIFICAT ION ..................................................... 51 ATTACHMENT 7: VENDOR SUBS TITU TE W – 9 ............................................................................ 52 ATTACHMENT 7: INSURANCE AND BONDING REQUIREMENTS ................................................ 53 Packet Page -892- 5/12/2015 16.D.5. 3 14 -6274 Parks and Rec Activity Management Software Solution Legal Notice Sealed Proposals to provide an activity management software solution will be received until 12 PM Naples local time, on September 3, 2014 at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. Solicitation 14 -6274 Parks and Rec Activity Management Software Solution Services to be provided may include, but not be limited to the following: software and implementation services for a comprehensive, hosted, hybrid-hosted or on -premises Activity Management Software Solution (AMSS) that can meet the current requirements of the Collier County Parks & Recreation Departmen t. A non -mandatory pre-proposal conference will be held on August 18, 2014, commencing promptly at 9:00 AM, and will be held in the Purchasing Department Conference Room, Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. All statements shall be made upon the official proposal form which may be obtained on the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid . Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, BY: /S/ Joanne Markiewicz Director, Procurement Services This Public Notice was posted on the Collier County Purchasing Department website: www.colliergov.net/purchasing and in the Lobby of Purchasing Building "G", Collier County Government Center on July 31, 1014. Packet Page -893- 5/12/2015 16.D.5. 4 14 -6274 Parks and Rec Activity Management Software Solution Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Parks and Recreation Department (hereinafter, the “Division or Department”), the Collier County Board of County Commissioners Purchasing Department (hereinafter, “County”) has issued this Request for Proposal (hereinafter, “RFP”) with the intent of obtaining proposals from interested and qualified Consultants in accordance with the terms, conditions and specifications stated or attached. The Consultant, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. Th e results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Purchasing Policy. The terms vendor(s), supplier (s), consultant(s) and proposer(s)are used interchangeably within this solicitation. Brief Description of Purchase The Collier County Parks and Recreation Department (the Department) is seeking vendor proposals for the implementation of Activity Management Software Solution (AMSS), and implementation services, with real-time cu stomer Internet registration, to support the processes managed by the Department, including, but not limited to the daily management of the following tasks: 1. Program registrations, 2. Facility reservations, 3. Memberships, 4. League scheduling, 5. Point of sale, 6. Admissions, 7. Payment processing, and 8. Customized reporting. The purpose of this request is to obtain competitive proposals and pricing for a comprehensive, hosted, hybrid-hosted or on -premises Activity Management Software Solution (AMSS) that can meet the current requirements of the Collier County Parks & Recreation Departmen t. The County’s budget for this project is: fifty thousand ($50,000) dollars. Background The County seeks to implement an Activity Management Software Solution (AMSS) that will enable the Department ’s staff to serve its customers with greater efficiency and to enhance internal operations. The solution shall provide for easy management, allow for future growth, and deploy easily to functional areas of Parks & Recreation. The Department is committed to taking significant steps to automate as many processes as possible and is interested in functionality that will automate basic, common required services, including:  Online Activity Registration (Required) – A hosted or hybrid-hosted registration program and payment solution is desirable to initiate automation and to increase customer service by allowing users to access and pay for recreation services and programs from their home computers. Ease of use is imperative. A hosted or hybrid-hosted web application shall offer the flexibility to synchronize online registration and payment activity to the on-premises database servers through a secure interface while maintaining PCI DSS compliance.  Onsite Activity Registrations (Required) – with possible kiosk / remote hook-ups.  Facility Reservations (Required) Packet Page -894- 5/12/2015 16.D.5. 5 14 -6274 Parks and Rec Activity Management Software Solution  Membership (Required)  Point of Sale (Required)  Hosted Payment Processing (Required)  PCI Compliance (Required)  Standard Reports in different formats (Required)  SAP Interface (Required)  E-mail Capabilities (Required)  League Scheduling (Optional )  Dashboard (Optional)  Subsidiary Modified Accrual Accounting System for scholarships, etc. (Optional)  Child Care Management (Optional) Current Computing Environment: Collier County has approximately one thousand four hundred twenty-five (1,425) computer users. Of the one thousand four hundred twenty-five (1,425) computer users on the BCC network, approximately one thousand three hundred (1,300) users are connected via 10/100 Mbps copper, or via wireless using 802.11 (a,b,g,n) . The fiber optics backbone and servers are connected at 1 Gbps. The non fiber connected sites use various technologies including metro Ethernet, T1, frame relay, broadband (DLS, cable) and/or point-to -point wireless. Most users are connected to the backbone via 100 Mbps connections. The remaining three hundred (300) users can be assumed to be connected via T-1 at 1.5 Mbps. We currently have 327 mobile data users using Sprint wireless cards. The Collier County data network is supported by Cisco Systems equipment. All of the software systems are Microsoft Windows based and all of the databases are Microsoft SQL Server. See the accompanying Technical Architecture and Compatibility Specification (TACS) for more information. See the TACS document for infrastructure compatibility requirements. Collier County runs Dell and IBM x Series servers, with storage area network (SAN) from NetApp. Any application that you propose which does not meet these specifications must include all costs associated with it (ie. Licensing, server cost, training, etc.) on the Total Cost of Ownership document. Existing software systems used at the County are listed below; with SAP being the financial system of record for the County.  SAP ECC 6.0 – currently implemented modules include FI/CO/FM, MM, HR, and Project Systems. Collier County maintains four (4) production servers hosting the SAP applications, along with development, testing and training servers. The COC Management Information System department runs the SAP infrastructure, including all of the SAP equipment; the basis and system security, back up, and recovery; and is responsible for SAP continuity of operations, SAPGUI updates, server and R3 updates, and patches. Microsoft Exchange 200 7 SP3; will be upgraded to current version in calendar 2014. Collier County has established the following governance structure for SAP related applications (of which this would be considered a related application as it passes financial related information ). o SAP is Collier County’s financial system of record. o Collier County’s financial operations will be SAP centric. o All existing and new business applications with financial functionality must interface to SAP. Packet Page -895- 5/12/2015 16.D.5. 6 14 -6274 Parks and Rec Activity Management Software Solution o Collier County is currently running SAP ECC 6.0 with No Enhancement packs - The solution needs to be compatible with Collier County’s version of SAP. Currently, SAP ECC 6.0 and any Enhancement Packs that CC may decide to apply in the future. o SAP is deployed on MS SQL Server version 2005, CC plans to migrate to MS SQL Server version 2012 during this calendar year. o Collier County updates SAP services packs on a yearly basis during the 4th quarter of the calendar year - if the proposed solution requires updates, they need to be coordinated with the SAP update schedule. Collier County applies patches in the following order Sandbox, DEV, QAS then PRD, with testing completed between each system. o Exhibit 7 A – SAP Landscape Architecture o Exhibit 7 B – SAP Modules  Symantec Enterprise Vault – for email archiving  Microsoft SharePoint (MOSS) 2010  Sire Agenda Management System  Municipal’s CityView Land Management Suite  Sire Content Management System IT Staff: Collier County has the following number of information technology staff to support the County’s infrastru cture, including assignments to the Department:  10 application specialists  6 network specialists  5 desktop support  3 GIS specialists / Programmers  2 Database Administrators  1 Sharepoint Administrator  4 Server Administrators  3 for administrative support  6 IT/GIS managers Detailed Scope of Work Deliverables: The department requires software and implementation services, to deploy software, which manages the day-to -day program registrations, facility reservations, memberships, league scheduling, point of sale, admissions, payment and accounting processing, and customized reporting which is totally integrated and reportable. General Information : The Parks & Recreation Department has identified a need to replace their Activity Management Software Solution (AMSS) existing software. The department has been using the current software for approximately ten (10) years. The software includes program registration, membership, point of sale, league registration, econnect, facility reservation, and accounting which is totally integrated and reportable. The Department has multiple locations (18) where customers may register for programs, rent facilities, or purchase membership cards. The average number of classes scheduled per year is 1,310 with approximately 12,480 registrations. There is an average of 7,800 memberships sold. The average number of reservations per year is 2,860 with over 11,400 bookings. Currently, there are approximately 120 users with Active Network, Inc. CLASS Recreation Software installed on approximately 120 computers. Revenue is approximately $6.5 million annually. Packet Page -896- 5/12/2015 16.D.5. 7 14 -6274 Parks and Rec Activity Management Software Solution This project is seeking a commercial off-the-shelf (COTS) product that is currently implemented in other jurisdictions, and may require some special customization of code other than built-in configuration options. Expectations of Supplier for Implementation Services and Software The awarded supplier will be expected to provide: 1. Implementation services and all related software to install the Activity Management Software Solution (AMSS) project. 2. Project management services : The Department requires that the prime contractor take responsibility for providing extensive project management and project team for the implementation of the Activity Management Software Solution (AMSS). The prime contractor is expected to guarantee the successful, timely completion of those aspects of the project over which it has control. Collier County intends to take responsibility for meeting its obligations as defined in an agreed upon Statement of Work (SOW) which will be finalized during the contract negotiations process.  The County intends to contract with one prime contractor for implementation services and any software applications that the prime contractor determines are necessary to implement the functionality required in this document. This contractor will have overall responsibility for the delivery of the project; the county reserves the right to make the final approval on the timeline and sequencing of work.  The prime contractor may at its discretion, have subcontracts; the county reserves the right to make the final determination on all subcontractors on their acceptability of all proposed subcontractors, or replacement subcontractors.  The County shall have the right to request that a project team member be re-appointed to the team at its discretion for reasons including but not limited to their qualifications, experience, and their ability to interact effectively with county staff, their perceived productivity, their ability to transfer knowledge to county staff.  The County will provide the consultant work space and local telephone service. Suppliers must provide a project plan for achieving the objectives of the project including an explanation of the role of all partners, the role of Collier County staff (including time commitment), and an overall project timeline. A description of a recommended team structure (including an organizational team chart), listing key personnel functions, staffing profiles and responsibilities to cover the software and implementation, training, and support should also be included. The detailed plan must thoroughly discuss how the supplier will successfully implement the Activity Management Software Solution (AMSS) requirements. Please include a copy of a plan utilizing Microsoft Project. In all phases of the project, knowledge transfer deliverables are required. The supplier is expected to provide documentation for training, configuration, and code documentation as directed by the Collier Project Manager for each task. Knowledge transfer will be provided through demonstrations or training as well as formal written documentation. All technical procedures including installations and maintenance must be provided. Key components to include in the project plan shall include estimated timeframe, overview of deliverables, assumptions, and assumed supplier and county responsibilities. The County will Packet Page -897- 5/12/2015 16.D.5. 8 14 -6274 Parks and Rec Activity Management Software Solution assign one (1) functional and one (1)technical project managers to assist with the implementation of this project. The supplier shall provide a qualified PM who will be responsible for overseeing all aspects of the services to be provided to implement the Activity Management Software Solution (AMSS), and who serves as the supplier's primary contact for management and administration of the project. The PM shall not be replaced by the supplier without prior written approval by the County and it may request the designation of other required staff by the supplier. The primary duties of the PM include, but are not limited to: a) Create and provide a project plan and a master project schedule with identified milestones. Key components include: o Hardware and software installation o Process and workflow analysis o System design and configuration o Required modifications and customizations o Required system integrations  Tasks  Roles and Responsibilities  Data Formats  Descriptions of Interfaces o Testing planning and execution o Training development and delivery o System acceptance b) Facilitate communication among project team members c) Make commitments and decisions on behalf of the supplier team d) Implement changes to the project plan e) Manage project progress, including issues and potential schedule changes f) Attend, participate and track progress review meetings (including taking minutes) g) Provide bi-weekly status reports 3. Provide software / software licenses : Collier County is interested in securing at least fifty (50 ) concurrent software licenses for the Activity Management Software Solution (AMSS) application. The County shall retain ownership of all data and upon termination of the resultant contract, the supplier shall turn-over all County data in a format approved by the County. 4. Provide software / system documentation : detailed system and user documentation is provided to county staff responsible for the operation and support of the system. The successful supplier shall provide two complete sets of technical manuals and user manuals to Collier County for administrator and end-user training. Additionally, the supplier shall provide one (1) electronic copy (Microsoft Word) of the technical and user manual to Collier County. The County at their expense will have the right to make additional copies of the documents as needed. The successful supplier will also provide the County with complete system implementation documentation concerning installation, configuration, testing, interfaces, data conversion, and integration of the system. The supplier shall provide, immediately following system acceptance, system documents that describe all software in sufficient technical and functional detail , including the source code , so that this information can be used by county personnel to maintain the system and solve identified Packet Page -898- 5/12/2015 16.D.5. 9 14 -6274 Parks and Rec Activity Management Software Solution problems. Any revisions to this document must be appropriately notated and jointly approved by the County and the supplier ’s Project Manager. 5. Provide data conversion, system integration, and interface(s ) (into SAP, the County’s financial system of record): identifying, designing, coding, and implementing all system interface, data conversion, and integration solutions necessary for a successful project implementation. The County would expect that the successful firm will include in their proposal at least twenty-four (24) business hours with the County’s SAP consultants to address integration and interfaces with SAP. 6. Provide develop, test and production environments : provide and maintain a “step -up” development, test and production system during the life of the contract. The components of these systems are: a. Test Environment – All functional, technical, and performance requirements must be demonstrated in a test environment with a complete database. This environment will consist of implementing the entire system and data elements for the County. b. Development Environment - All functional, technical, and performance requirements must be demonstrated in a development environment with a complete database. This environment will consist of implementing the entire system and data elements for the County. c. Production Environment – This environment will repeat the successful demonstration of all functional, technical, and performance requirements, with a complete mirrored database. This environment will consist of implementing the entire system and data elements for the County. 7. Provide training and change management services : provide the County with a comprehensive training program to assist with the facilitation and development of end-user training for the implementation of their proposed Activity Management Software Solution (AMSS). Collier County is very interested in the delivery of training services that are an efficient use of employee time, but effective in the transfer of practical knowledge about the use of the new Activity Manag ement Software Solution (AMSS), including but not limited to “train th e trainers,” online videos and DVD media instructions. Key factors in an effective training program are expected to include: The principal classroom instructors provided by the successful supplier have had previous formal classroom instructor training and relevant experience with the software and hardware. Instructors demonstrate a thorough knowledge of the material covered in the courses and familiarity with the training manuals, system documentation tools, and training aids used in the courses. Collier County has the right to video record for its own internal use only all training sessions. These materials are valuable in refresher training and follow up training. All training aids, materials, and recordings prepared to accomplish this service become the property of Collier County. Power User training will cover the entire system with in-depth sessions for each functional area. Training will be provided for a System Administrator and back up who will be responsible for all system functions. Packet Page -899- 5/12/2015 16.D.5. 10 14 -6274 Parks and Rec Activity Management Software Solution End user training will be focused on functional positions and workflow processes. All personnel comprising a specific functional position in a department will be trained on the system’s use specific to their needs. Training should be provided in the use of all report and query functions for users who will be creating and modifying reports. To recap, the training plan shall support the following user groups: o System Administrators o End-Users (Departmental users) o End-Users (Management) 8. System acceptance and payment : The County will finalize a project calendar with milestones, including proportional payment milestones for project completion and acceptance by the County. There will be a full system acceptance test after the complete project implementation. These tests will confirm system operations and ensure that the system meets all of the functional requirements as outlined in this RFP and any subsequent agreements. The test, depending on the type of functionality being tested, will run for up to ninety (90 ) days after the supplier has determined that the system is operational. A second thirty (30 ) day period is reserved for fixing discrepancies. System performance shall be at an acceptable speed as dictated by industry standards and state of the art technologies. Discrepancies that are fixed will be retested. The acceptance test must be completed within sixty (60) days from the start of the test. If the testing, fixing and retesting is not completed and accepted within sixty (60) days, unless otherwise agreed to in writing by the parties, the system may be deemed unacceptable and the Supplier may be terminated from the project. In the event the Supplier fails to perform any required service within the time schedule under the contract, the County reserves the right to assess liquidated damages and/or obtain substitute performance. Further, the County reserves the right to deduct the cost of such substitute performance from the Consultant’s payments. The Supplier may be exempt from this provision if such exemption i s granted by the Project Manager or his designee, in writing, prior to any delays or as a result of an Act of Nature. The Supplier will not be held responsible for delay caused by the County. In either case, such delay must be documented and agreed to by both parties. The following process will be utilized to govern the acceptance of deliverables:  Deliverables are to be defined and scheduled with milestones and completion dates.  All deliverables shall be subject to county review and approval prior to acceptance and payment.  The county is responsible for reviewing and approving each deliverable with an agreed upon turnaround time as included in the project plan. If the county requires revisions, the supplier will receive written notification of the changes and have five (5) business days to implement the changes. Packet Page -900- 5/12/2015 16.D.5. 11 14 -6274 Parks and Rec Activity Management Software Solution  Supplier shall not change a deliverable that has been accepted by the county without written approval of the county.  Each deliverable should conform to the RFP, the supplier ’s proposal, and/or any subsequent agreements.  A process for identifying and correcting errors shall be included in the response.  No payments will be made for deliverables not fully accepted by the county.  The county and supplier will develop a formal deliverable sign-of f approach which will govern the payment schedule. 9. Warranty : provide a warranty for all labor, materials and software for entire testing, installation and integration into production for a period of 1 year after acceptance by Collier County. 10. Maintenance and software support : provide an annual technical and maintenance support agreement with the following components: a. Solution must provide a 99.9% uptime solution. b. Security breach policy if date is compromised. c. Hosted software installations must have a backup recover and disaster recovery process and procedure in place with a return to service within twenty-four (24) hours. The maintenance agreement will not commence until the application has been placed in production and accepted by the County in writing. The maintenance agreement must provide ongoing system support and maintenance, including upgrades, bug fixes and patches, and other technical support necessary for County staff to operate the solution. 11. Adherence to County IT Standards : adhere to the C ounty’s technology standards and data security breech standards found in Evaluation Criteria – Tab 1 including Collier County Information Technology Requirements 2012 and Collier County Technical Architectural, Compatibility and Supportability Requirements Document (TACS). 12. Data Owner : The County owns all data affiliated with this scope of work. At no time may the contractor sell for any reason, including marketing-relate purposes, the data developed, created or used for any purpose. Once this contract is terminated, the contractor agrees to turn over all data in a format determined at the sole discretion of the County. Term of Contract Included as part of the proposal response, Proposers must submit any license and/or maintenance agreements to be used if the firm is selected for this project. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the Supplier and reserves the right to include in any contract documents such terms an d conditions as it deems necessary for the proper protection of the rights of Collier County and in compliance with all rules, regulations and laws of Collier County, the State of Florida, and the U. S. Government. The contract term, if an award(s) is/are made is intended to be for an initial five (5) year period with annual options to renew licenses and/or maintenance/service agreements for additional one (1) year periods at the County’s sole discretion . The County reserves the right to renegotiate rates at each renewal period. The County shall give the Supplier written notice of the County’s intention to extend the Agreement term not less than thirty (30) days prior to the end of the Agreement term then in effect. Packet Page -901- 5/12/2015 16.D.5. 12 14 -6274 Parks and Rec Activity Management Software Solution The scope of services under any result ant Agreement shall be in support of the Department’s Activity Management Software Solution. The Agreement will include services for additional related services as required and mutually agreed upon by County and awarded Contractor in writing. The scope and cost of any such services shall be negotiated and evidenced by an Amendment to the Agreement. The County reserves the right to terminate the agreement and should the County exercise that right, to terminate this agreement, the Contractor shall turn over all of the County’s data (archived, historical and current) in a format to be determined by the County. Projected Solicitation Timetable The following projected timetable should be used as a working guide for planning purposes only. The County reserves the right to adjust this timetable as required during the course of the RFP process. Event Date Issue Solicitation Notice July 31, 2014 Non -mandatory pre -solicitation meeting 8/1 8 /2014, 9:00 AM, Naples Local Time and Locations Last Date for Receip t of Written Questions 8/19/2014 , 12 Noon, Naples Local Time Addendum Issued Resulting from Written Questions or Pre - Proposal Conference 8/20/2014 Solicitation Deadline Date and Time 9/3/2014; 12 Noon , Naples Local Time Anticipated Evaluation of Sub mittals September - October 2014 Supplier Presentations if Required October - November 2014 Anticipated Board of County Commissioner’s Contract Approval Date January 2015 Response Format The Supplier understands and agrees to abide by all of the RFP specifications, provisions, terms and conditions of same, and all ordinances and policies of Collier County. The Supplier further agrees that if it is awarded a contract, the work will be performed in accordance with the provisions, terms and conditions of the contract. To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the guidelines set forth in this RFP. Any portions of the proposal that do not comply with these guidelines must be so noted and explained in th e Acceptance of Conditions section of the proposal. However, any proposal that contains such variances may be considered non-responsive. Proposals should be prepared simply and economically, providing a straightforward concise description of the Supplier ’s approach and ability to meet the County’s needs, as stated in this Packet Page -902- 5/12/2015 16.D.5. 13 14 -6274 Parks and Rec Activity Management Software Solution RFP . All proposals should be presented as described in this RFP in PDF or Microsoft Word format with Tabs clearly marked. If outlined in this RFP, the utilization of recycled paper for proposal submission is strongly encouraged. The items listed below shall be submitted with each proposal and should be submitted in the order shown. Each section should be clearly labeled, with pages numbered and separated by tabs. Failure by a Suppli er to include all listed items may result in the rejection of its proposal. 1. Tab 1, Executive Summary Provide the following information in a management letter format which addresses all of the key points below:  Discuss the proposer’s understanding, and commit to, the County’s scope of work identified;  List the name, address, telephone and FAX number, and the email address of the proposer’s primary contact throughout the engagement;  List any subconsultant’s who may participate in the execution of any of t he work identified in the scope of work;  Provide a copy of the standard software license agreement; and  Sign and date Tab 1, Executive Summary Submittal agreeing to comply with all of the Collier County Information Technology Requirements. Should a provider take exception with any one of the technology requirement, the County, may at its sole discretion, disqualify the proposal from further consideration. Packet Page -903- 5/12/2015 16.D.5. Tab 1, Executive Summary Submittal Collier County Information Technology Technical Requirements Te chnical Requirement 1 Web -based candidate software shall utilize Microsoft Internet Explorer. No other browser is supported. Current Collier Production Version is IE 9. 2 The supplier must submit any applicable license agreements for any proposed eleme nts including a description of the licensing model, and list prices for all license types and whether or not custom licensing arrangements are available. 3 The supplier must submit any applicable maintenance agreements for any proposed elements including a description of the maintenance plan, software upgrade policies and exclusions, and list prices for all maintenance agreement types and whether or not custom maintenance agreements are available. 4 SAP is Collier's financial application and as such: • Ap plications cannot directly interface with SAP • Applications that have a point of sales component must be able to produce a batch file daily containing all financial transactions for that day • The batch file will use the format supplied by the Collier County Clerk of Courts 5 All desktop software applications must utilize Microsoft Operating System, current Collier Production Version release with current patches and service packs, Windows 7 & 8. 6 Applications may not use Exchange Event Sinks or Excha nge Public Folders. 7 If US -Cert posts vulnerability the software must be addressed within a 30 day timeframe by the software supplier . 8 Software must comply with all Federal, State and Local regulation and all access must comply with current published County Manager Agency (CMA) policies. Current policies that apply are CMA 5402 and CMA 5403, CMA 5405, Fingerprint ordinance, Section 508 (ADA Compliance), HIPAA and PCI. 9 Any software which stores personally identifying information, including but not l imited to passwords, SSN, driver’s license numbers, etc.... or any financial information, such as credit card numbers, bank routing information, etc... must fully protect the information and disclose the methods of protection used, access protection method s, and life cycle handling of this data. Industry standard encryption methods utilizing at least 256 bit encryption techniques are required. 10 Software supplier s will acknowledge in writing prior to selection, that Collier County Government will own any and all data and the databases. 11 The candidate software application proposal must include a complete hardware topology diagram and recommended hardware configurations. Supplier Deliverables: - Topology Diagram - Recommended hardware requirements (work station and server) - Network bandwidth requirements 12 Web -based software must utilize IIS 7 or newer with current patches and service packs. 13 Software applications should support and run on current shipping release of virtual servers, including: - VMware ESX (5.1 or current version / confirm with BCC IT Operations) - Microsoft Hyper -V 3.0 14 All software upgrades or changes required by the selected supplier must be fully tested before being moved into the production environment. Therefore su pplier s must include in their proposal the costs for licensing, professional services, and annual maintenance to set up and maintain test and development environments. 15 System must support the current backup Collier Production environment with NetBacku p V 7.5.0.1 or current running version. 16 All server software applications must utilize Microsoft Operating System, current Collier Production Version release with current patches and service packs, current version Server 2008 and Server 2012 R2. 17 Da tabase solutions should take advantage of the County's Microsoft’s SQL Server environment. The current environment is Microsoft SQL Server 2012 (64 -bit). Packet Page -904- 5/12/2015 16.D.5. 14 -6274 Parks and Rec Activity Management Software Solution RFP_Non_CCNATemplate_04152014 15 18 Hard coding account access shall not be permitted. 19 If geographic information systems (GIS) is included in the solution, the solution should leverage the County's ESRI GIS infrastructure, which includes ArcGIS for Server Enterprise Advanced version. 20 Incident Support providing 24x7/365 coverage shall be offered. Incident response service levels shall be specified. 21 Client software applications should support and the supplier should provide package definition files with silent install without user interaction, using Microsoft SCCM current version. Supported installation packages include: - M SI, Microsoft Windows installer MSI compatible 22 All software application supplier s are required to notify Collier County when new releases become available and when current releases and related systems are no longer supported. 23 Preferred solutions s hould take advantage of the County's Active Directory environment and utilize Windows Authentication at the application, database and server tier, run fully in the user context, and not require elevated permissions or administrative permissions. Elevated p ermissions require adherence to all relevant policies, such as the Elevated Privileges and Elevated Database Permissions policies. My firm agrees to comply with, and adhere to all of the Collier County Information Technology Requirements noted above and takes no exceptions to any of these requirements: Signature:____________________________________________________________Date: ________________ Print Name_________________________________________ Firm: _________________________________ Packet Page -905- 5/12/2015 16.D.5. 14 -6274 Parks and Rec Activity Management Software Solution RFP_Non_CCNATemplate_04152014 16 2. Tab 2, Overview of Company Experience and Project Team (15 Points) Provide information that documents your organization’s qualifications to produce the required deliverables, including abilities, capacity, skill, and financial strength, and number of years of experience in providing the required services in the format identified below . 1. Number of years the firm has been in business providing the software and implementation of services as outlined in this scope of work. __________________ 2. Number of projects that t he proposer has implemented like the scope of work identified from 1/1/0 9 – 12/31/1 3 (5 years).  Provide evidence of at least one implementation .  Provide a copy of the the proposed software license(s) to be used with this scope of work. __________________ 3. Number of full time equivalent personnel to implement the County’s scope of work.  Provide a short narrative (or resume) of the work / projects they have accomplished during their tenure with the proposer’s company. __________________ TOTAL (Add 1 + 2 + 3) to determine Experience TOTAL Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each Proposer ’s information provided in this area in the requested information 1 – 3 above:  The County shall total all items identified by the proposer to determine the proposer with the greatest TOTAL .  The highest number of points (15 ) will be awarded to the proposer who has the greatest TOTAL .  The next highest proposer ’s TOTAL will be divided by the highest proposer ’s TOTAL which will then be multiplied by 15 points to determine the Proposer ’s Points Awarded. Each subsequent proposer ’s number of project score will be calculated in the same manner.  Points awarded will be extended to the first whole number (per Microsoft Excel). For illustrative purposes only, see chart for an example of how these points would be distributed among the six proposers. Proposer Name T OTAL Points Awarded Proposer 123 52 15 Proposer 456 30 9 Proposer 7 89 30 9 Proposer 101 15 4 Proposer 201 12 3 Proposer 301 4 1 Packet Page -906- 5/12/2015 16.D.5. 14 -6274 Parks and Rec Activity Management Software Solution RFP_Non_CCNATemplate_04152014 17 The Points Awarded by proposer will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the proposer ’s proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per proposer. The Selection Committee may, at their sole discretion modify the points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. 3. Tab 3, Fiscal Stability and Estimated Project Completion (10 Points)  Provide a discussion regarding the successful supplier ’s approach to data conversion and interface development and for testing of both, as it relates to this project. The discussion should address the method of data conversion, to include strategies for testing, verification, validation, contingencies, security and integration with: o SAP Financial System version SAP ECC 6.0 with MS SQL Server 2012 database o GIS data structures supported by the Count y’s geodatabase, including internal and externally-linked tables, feature classes, domains, geometric networks, relationship classes, subtypes, etc. The test strategy shall include, but not be limited to, unit testing of individual detailed processes and transactions, parallel testing, if appropriate, and system testing of all processes, interfaces, and conversions. The test strategy should also include methods for verifying the accuracy of information relative to transaction processing, interfaces, data conversion, reports, account history, notes, and ad-hoc reporting.  Complete the following information as requested to ensure consistent scoring of proposal. Firms who do not provide the information as requested in the format below shall receive zero (0) points for this criterion. Index Fiscal Stability Questions Response 1. Indicate the number of times the proposer or their principals have filed for bankruptcy during the past five year (January 1, 2008 - December 31, 2012). (number) 2. Provide the averag e number of days the firm pays its accounts payable transactions. (average number of days) 3. Provide the number of external audit “management comments / letters” received during the past five year (January 1, 200 9 - December 31, 201 3 ).  Provide a copy of all management comments / letters during that period.  Provide the previous two (2) years of income statement, balance sheet and statement of cash (number) Packet Page -907- 5/12/2015 16.D.5. 14 -6274 Parks and Rec Activity Management Software Solution RFP_Non_CCNATemplate_04152014 18 flow. 4. P rovide the number of days from notice to proceed to completion of the project timeline and milestone. (number of days) 5. P rovide the number of days from blueprint milestone acceptance to initial configuration and set -up in sandbox milestone. (number of days) 6. P rovide the number of days from initial configuration and set -up in sandbox mileston e to configuration in development environment milestone. (number of days) 7. P rovide the number of days from configuration in development environment milestone to development of tests scripts with the County milestone. (number of days) 8. P rovide the numbe r of days from development of tests scripts with the County milestone to testing and acceptance in the development environment milestone. (number of days) 9. P rovide the number of days from acceptance in the development environment milestone to migration t o QAS milestone. (number of days) 10. P rovide the number of days from acceptance in QAS milestone to migration to production. (number of days) 11. Post production support.  Provide a copy of the project timeline from “notice to proceed” through post -productio n support. 14 (number of days) TOTAL Add items 1 – 1 1 and provide the total. (TOTAL ) Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each Proposer ’s information provided in this area in the requested information 1 – 3 above:  The County shall total all items identified by the proposer to determine the proposer with the lowest TOTAL .  The highest number of points (10 ) will be awarded to the proposer who has the lowest TOTAL .  The next lower proposer ’s TOT AL will be divided by the lowest proposer ’s TOTAL which will then be multiplied by 10 points to determine the Proposer ’s Points Awarded. Each subsequent proposer ’s number of project score will be calculated in the same manner.  Points awarded will be extended to the first whole number (per Microsoft Excel). For illustrative purposes only, see chart for an example of how these points would be distributed among the six proposers. Packet Page -908- 5/12/2015 16.D.5. 14 -6274 Parks and Rec Activity Management Software Solution RFP_Non_CCNATemplate_04152014 19 Proposer Name T OTAL Points Awarded Proposer 123 94 10 Proposer 456 104 9 Pr oposer 7 89 152 6 Proposer 101 152 6 Proposer 201 200 5 Proposer 301 210 4 The Points Awarded by proposer will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the proposer ’s pro posal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per proposer. The Selection Committee may, at their sole discretion modify the points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. 4. Tab 4, Functional and Technical Requirements (20 Points) Complete the Technical and Functional requirements matrix labeled Exhibit 1A Functional and Technical Requirements in separate document located on the County’s Online Bidding System at http://bid.colliergov.net/bid/. Insert information as requested to ensure consistent scoring of proposals. Proposers who do not provide the information as requested in the format o f Exhibit 1A Functional and Technical Requirements shall receive zero (0) points for this criterion. All results must be returned in Microsoft Excel. Response Scoring Definition 1 This requirement currently exists and can be demonstrated. 2 This requirement is scheduled for future release and will be incorporated at no additional charge prior to system implementation. If response = 2 in any column, identify the release date in the Explanation / Comment field. 3 This requirement is not currently available, but can be provided as a modification at an additional co st. The Proposer is to provide the cost (in the Total Cost to Modify System column) and a n explanation requested in Explanation / Comment field along with the number of hours and cost for the modification 0 This requirement is not supported and/or is not provided as part of this proposal. Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each Proposer ’s information provided in Exhibit 1A Functional and Technical Requirements : Packet Page -909- 5/12/2015 16.D.5. 14 -6274 Parks and Rec Activity Management Software Solution RFP_Non_CCNATemplate_04152014 20  The County has weighted the supplier response using the following values within the Excel score sheet:  1 will be weighted with a value of seven (7)  2 will be weighted with a value of two (2)  3 will be weighted with a value of one (1)  0 will be weighted with a value of zero (0)  The County shall total all values to the proposer with the greatest TOTAL Value .  The highest number of points (20 ) will be awarded to the proposer who has the greatest TOTAL Value .  The next highest proposer ’s TOTAL Value will be divided by the highest proposer ’s TOTAL which will then be multiplied by 20 points to determine the Proposer ’s Points Awarded. Each subsequent proposer ’s number of project score will be calculated in the same manner.  Points awarded will be extended to the first whole number (per Microsoft Excel). For illustrative purposes only, see chart for an example of how these points would be distributed among the six proposers. Proposer Name T OTAL Points Awarded Proposer 123 4 22 20 Proposer 456 387 18 Proposer 7 89 375 18 Proposer 101 252 12 Proposer 201 122 6 Proposer 301 43 2 The Points Awarded by proposer will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the proposer ’s proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per proposer. The Selection Committee may, at their sole discretion modify the points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. 5. Tab 5, Cost (20 Points)  Provide the proposer’s typical hourly rate sheet in the event the County may deem it necessary to make modifications to the software in the future. This rate sheet will be included in the final contract. Positions may include, but are not limited to:  Project manager (on-site and remote)  Systems analyst  Trainer  Complete the following price information in the format identified below. The County will use the TO TAL COST OF OWNERSHIP in the pre-score evaluation. Item # Description Response 1. Identify the software license cost for fifty (50) concurrent users for Year 1 (from production start - $ _____________ Packet Page -910- 5/12/2015 16.D.5. 14 -6274 Parks and Rec Activity Management Software Solution RFP_Non_CCNATemplate_04152014 21 up through the end of the first year).  Identify the deployment approach utilized (traditional enterprise, ASP, SaaS, etc.). 2. Identify the lump sum professional service fees for the implementation, training, change management, project management, integration, report development, and any other related services (including subcontractors or third party services). $ _____________ 3. Identify travel expenses or any other miscellaneous fees in the implementation of this project. (Note: the County will only pay travel expenses according to the State of Florida tra vel reimbursement schedule.)  Identify expected travel and miscellaneous expenses in the execution of this scope of work. $ _____________ 4. Identify any hardware costs associated with the implementation of this scope of work. $ _____________ Subtotal (add items 1, 2, 3 and 4 which indicates the total costs for Year 1 from production start date) $ _____________ 5. Identify annual software operations, maintenance and license fees for fifty (5) concurrent users for years two (2), three (3) and four (4). $ _____________ (Year 1) $ _____________ (Year 2) $ _____________ (Year 2) 6. Identify total transactions fees for 200,000 transactions per year for years two (2), three (3) and four (4). Assume 200,000 $ _____________ (Year 1) $ _____________ (Year 2 ) $ _____________ (Year 2) Subtotal (add all items in 5 and 6 which indicates the total costs for Years two (2), three (3) and four (4). $ _____________ TOTAL COST OF OWNERNSHIP (add both subtotals above to achieve the overall TOTAL COST OF OWNERSHIP ) $ _____________ Packet Page -911- 5/12/2015 16.D.5. 14 -6274 Parks and Rec Activity Management Software Solution RFP_Non_CCNATemplate_04152014 22 Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each Proposer ’s information provided in this area in the requested information above:  The County shall total all items identified by the proposer to determine the proposer with the lowest TOTAL COST OF OWNERSHIP .  The highest number of points (20 ) will be awarded to the proposer who has the lowest TOTAL .  The next lowest proposer ’s TOTAL will be divided by the lowest proposer ’s TOTAL whic h will then be multiplied by 20 points to determine the Proposer ’s Points Awarded. Each subsequent proposer ’s number of project score will be calculated in the same manner.  Points awarded will be extended to the first whole number (per Microsoft Excel). For illustrative purposes only, see chart for an example of how these points would be distributed among the six proposers. Proposer Name T OTAL Points Awarded Proposer 123 52,550 20 Proposer 456 56,.850 18 Proposer 7 89 72,495 14 Proposer 101 122,250 9 Proposer 201 152,300 7 Proposer 301 249,000 4 The Points Awarded by proposer will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the proposer ’s proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per proposer. The Selection Committee may, at their sole discretion modify the points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. 6. Tab 6, Technical Support and Training (15 Points) Provide the following information regarding technical support and training in the format outlined below. 1. P rovide the number of business hours the proposer is providing the County for developm ent of training materials and “train the trainer” transfer of knowledge.  Provide a copy of the project team organizational chart. (number of business hours ) 2. Indicate if the proposer has procedures in place to resolve critical system problems. If yes, indicate ten (10) in the column to the right; if no, indicate (0) in the column to the right.  Provide a copy of the procedures to resolve critical system problems, including the escalation problem procedure. (10 for yes, 0 for no ) Packet Page -912- 5/12/2015 16.D.5. 14 -6274 Parks and Rec Activity Management Software Solution RFP_Non_CCNATemplate_04152014 23 3. Indicate if the prop oser has disaster recovery procedures, including an off -site storage facility. If yes, indicate ten (10) in the column to the right; if no, indicate (0) in the column to the right.  Identify the hosting site locations(s) and who the owner is of all datace nters.  Provide a copy of the procedures for disaster recover procedures. (10 for yes, 0 for no ) 4. Indicate if the proposer has a procedure for enhancements and upgrades. If yes, indicate ten (10) in the column to the right; if no, indicate (0) in the col umn to the right.  Provide a copy of the procedures for enhancements and upgrades. (10 for yes, 0 for no ) 5. Indicate if the proposer has a various extended service agreements that the County may consider. If yes, indicate ten (10) in the column to the ri ght; if no, indicate (0) in the column to the right.  Provide a copy of the various standard service agreements. (10 for yes, 0 for no ) 6. Indicate if the proposer’s provides regular security audits. If yes, indicate ten (10) in the column to the right; if no, indicate (0) in the column to the right.  Provide a copy of the proposer’s security audit policy and procedures. (10 for yes, 0 for no ) TOTAL Add items 1 – 6 and provide the total. ___________ (TOTAL) Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each Proposer ’s information provided in this area in the requested information 1 – 3 above:  The County shall total all items identified by the proposer to determine the proposer with the greatest TOTAL .  The highest number of points (15 ) will be awarded to the proposer who has the greatest TOTAL .  The next highest proposer ’s TOTAL will be divided by the highest proposer ’s TOTAL which will then be multiplied by 15 points to determine the Proposer ’s Po ints Awarded. Each subsequent proposer ’s number of project score will be calculated in the same manner.  Points awarded will be extended to the first whole number (per Microsoft Excel). For illustrative purposes only, see chart for an example of how these points would be distributed among the six proposers. Packet Page -913- 5/12/2015 16.D.5. 14 -6274 Parks and Rec Activity Management Software Solution RFP_Non_CCNATemplate_04152014 24 Proposer Name T OTAL Points Awarded Proposer 123 52 15 Proposer 456 30 9 Proposer 7 89 30 9 Proposer 101 15 4 Proposer 201 12 3 Proposer 301 4 1 The Points Awarded by proposer will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the proposer ’s proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per proposer. The Selection Committee may, at their sole discretion modify the points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. 7. Tab 7, References (10 Points) Provide the following information in a management letter format which addresses all of the key points below: In order for the supplier to be awarded any points for this tab, the County requests that the supplier submits three (3) completed reference forms from clients whose projects are of a similar nature to this solicitation as a part of their proposal, as described below. The County will only use the methodology calculations for the first three (3) references (only) submitted by the supplier in their proposal. Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each supplier ’s information provided in this area:  The County shall total each of the supplier ’s three (3) reference questionnaires and create a ranking from highest number to lowest number of points. References marked with an N/A (or similar notation will be given the score of zero (0)). Proposers who do not turn in responses in this format, and with their proposals will not receive any points for this section.  The greatest number of points allowed in this criterion will be awarded to the supplier who has the highest score.  The next highest supplier ’s number of points will be divided by the highest supplier ’s points which will then be multiplied by criteria points to determine the supplier ’s points awarde d. Each subsequent supplier ’s point score will be calculated in the same manner.  Points awarded will be extended to the first whole number (per Microsoft Excel). For illustrative purposes only, see chart for an example of how these points would be distributed among the six proposers. Proposer Name T OTAL Points Awarded Proposer 123 300 10 Proposer 456 300 10 Proposer 7 89 256 9 Proposer 101 232 8 Proposer 201 120 4 Proposer 301 75 3 Packet Page -914- 5/12/2015 16.D.5. 14 -6274 Parks and Rec Activity Management Software Solution RFP_Non_CCNATemplate_04152014 25 The points awarded by supplier will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the supplier ’s proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per supplier. The Selection Committee may, at their sole discretion, contact references, and/or modify the reference points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. Packet Page -915- 5/12/2015 16.D.5. 14 -6274 Parks and Rec Activity Management Software Solution RFP_Non_CCNATemplate_04152014 26 Solicitation: 14 -6274 Parks and Rec Activity Management Softwa re Solution Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: (Evaluator completing reference questionnaire) Agency: (Evaluator’s Company completing reference) Email: FAX: Telephone: Collier County is requesting reference information on firms or their key personnel to be used in the selection of a firm to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored “0.” Name of Project Completed by Firm: Project Description Project Start Date (from Notice to Proceed) Project End Date (2 weeks past implementation) Total Number of Days (over Schedule) Initial Project Budget Final Project Budget Overbudget Number of Change Orders Ba sed on Dollars Number of Change Orders (Based on Additional Days Added) Provide additional description of change in time or budget: Item Criteria Score 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on -time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Close out project process (final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow agency’s policies, procedures, rules, regulations, etc. 10 Overall comfo rt level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS Please FAX this completed survey to: ________________________________ By ________________ Reference Questionnaire Packet Page -916- 5/12/2015 16.D.5. 14 -6274 Parks and Rec Activity Management Software Solution RFP_Non_CCNATemplate_04152014 27 8. Tab 8, Local Vendor Preference (10 Points) Complete the following information and submit with proposal. Packet Page -917- 5/12/2015 16.D.5. 14 -6274 Parks and Rec Activity Management Software Solution RFP_Non_CCNATemplate_04152014 28 Affidavit for Claiming Status as a Local Business Solicitation: 14 -6274 Parks and Rec Activity Management Software Solution (Check Appropriate Boxes Below) State of Florida (Select County if Supplier is described as a Local Business Collier County Lee County Supplier affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy; A “local business” is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the supplier operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a supplier shall not be considered a "local business" unless it contributes to the economic development and we ll -being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Suppliers shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. Supplier must complete the following information: Year Business Established in Collier County or Lee County: ________ Number of Employees (Including Owner(s) or Corporate Officers):_________ Number of Employees Living in Collier County or Lee (Including Owner(s) or Corporate Officers):_________ If requested by the County, supplier will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in supplier ’s submission being deemed not applicable. Supplier Name: _________________________________________ Date: ________________________ Collier or Lee County Address: ___________________________________________________________ Signature: ____________________________________________ Title: ________________________ STATE OF FLORIDA COLLIER COUNTY LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this __________ Day of ______________, 20_____. _____________________________________________ Notary Public My Commission Expires: ______________________ (AFFIX OFFICIAL SEAL) Packet Page -918- 5/12/2015 16.D.5. 14 -6274 Parks and Rec Activity Management Software Solution RFP_Non_CCNATemplate_04152014 29 9. Tab IX , Required Form Submittals  Attachment 2: Supplier Check List  Attachment 3: Conflict of Interest Affidavit  Attachment 4: Supplier Declaration Statement  Attachment 5: Immigration Affidavit Certification  Attachment 6 : Supplier Substitute W-9  Attachment 7: Insurance and Bonding Requirements  Other: i.e. signed addenda, licenses or certifications, promotional materials, etc Packet Page -919- 5/12/2015 16.D.5. 14 -6274 Parks and Rec Activity Management Software Solution RFP_Non_CCNATemplate_04152014 30 Exhibit II : General RFP Instructions 1. Questions Direct questions related to this RFP to the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid . Suppliers must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Purchasing Department Online Bidding System website. For general questions, please call the referenced Procurement Strategist noted on the cover page. 2. Pre-Proposal Conference The purpose of the pre-proposal conference is to allow an open forum for discussion and questioning with County staff regarding th is RFP with all prospective Suppliers having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the RFP. Only written responses to written questions will be considered official, and will be included as part of th is RFP as an addendum. All prospective Suppliers are strongly encouraged to attend, as, this will usually be the only pre- proposal conference for this solicitation. If this pre-proposal conference is denoted as “mandatory”, prospective Suppliers must be present in order to submit a proposal response. 3. Compliance with the RFP Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFP may result in disqualification. 4. Ambiguity, Conflict, or Other Errors in the RFP It is the sole responsibility of the Supplier if the Supplier discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP , to immediately notify the Procurement Strategist , noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Strategist will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the Purchasing Department. 5. Proposal, Presentation, and Protest Costs The County will not be liable in any way for any costs incurred by any Supplier in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures. 6. Delivery of Proposals All proposals are to be delivered before 12 PM, Naples local time, on or before 9/3/2014 to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Packet Page -920- 5/12/2015 16.D.5. 14 -6274 Parks and Rec Activity Management Software Solution RFP_Non_CCNATemplate_04152014 31 Attn: Joanne Markiewicz, Procurement Director The County does not bear the responsibility for proposals delivered to the Purchasing Department past the stated date and/or time indicated, or to an incorrect address by Consultant’s personnel or by the Consultant’s outside carrier. However, the Procurement Director, or designee, reserves the right to accept proposals received after the posted close time under the following conditions:  The tardy submission of the proposal is due to the following circumstances, which may include but not be limited to: late delivery by commercial carrier such as Fed Ex, UPS or courier where delivery was scheduled before the deadline.  The acceptance of said proposal does not afford any competing firm an unfair advantage in the selection process. Suppliers must submit one (1) paper cop y clearly labeled “Master,” and six (6) disks (CD’s/DVD’s ) with one copy of the proposal on each disk in Word, Excel or PDF . List the Solicitation Number and Title on the outside of the box or envelope. 7. Validity of Proposals No proposal can be withdrawn after it is filed unless the Supplier makes their request in writing to the County prior to the time set for the closing of Proposals. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process. 8. Method of Source Selection The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 2013 -69 establishing and adopting the Collier County Purchasing Policy . The County may, as it deems necessary, conduct discussions with qualified Su ppliers 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. 9. Evaluation of Proposals The County’s procedure for selecting is as fol lows: 1. The County Manager or designee shall appoint a Selection Committee to review all proposals submitted. 2. Request for Proposals issued. 3. Subsequent to the closing of proposals, the Procurement Strategist will review the proposals received and verify whether each proposal appears to be minimally responsive to the requirements of the published RFP. 4. Meetings will be open to the public and the Procurement Strategist shall publicly post prior notice of such meeting in the lobby of the Purchasing Building. 5. The committee members will review each Proposal individually and score each proposal based on the evaluation criteria stated herein. 6. Prior to the first meeting of the selection committee, the Procurement Strategist will post a notice announcing the date, time and place of the first committee meeting. Said notice shall be posted in the lobby of the Purchasing Building not less than three (3) working days prior to Packet Page -921- 5/12/2015 16.D.5. 14 -6274 Parks and Rec Activity Management Software Solution RFP_Non_CCNATemplate_04152014 32 the meeting. The Procurement Strategist will also post prior notice of all subsequent committee meetings and shall endeavor to post such notices at least one (1) day in advance of all subsequent meetings. 7. The committee will compile individual rankings, based on the evaluation criteria as stated herein, for each proposal to determine committee recommendations. The committee may at their discretion, schedule presentations or demonstrations from the top-ranked firm(s), make site visits, and obtain guidance from third party subject matter experts. The final recommendation will be decided based on review of scores and consensus of committee. The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, and/or amendments as it may deem appropriate. Receipt of a proposal by the County or a submission of a proposal to the County offers no rights upon the Supplier nor obligates the County in any manner. Acceptance of the proposal does not guarantee issuance of any other governmental approvals. Proposals which include provisions requiring the granting of zoning variances shall not be considered. 10. References The County reserves the right to contact any and all references pertaining to this solicitation and related proposal. 11. Proposal Selection Committee and Evaluation Factors The County Manager shall appoint a Selection Committee to review all proposals submitted. The factors to be considered in the evaluation of proposal responses are listed below. Tab 2, Overview of Company Experience and Project Team 15 Points Tab 3, Fiscal Stability and Estimated Project Completion 10 Points Tab 4, Functional and Technical Requirements 20 Points Tab 5, Cost 20 Points Tab 6, Technical Support and Training 15 Points Tab 7, References 10 Points Tab 8, Local Vendor Preferenc e 10 Points TOTAL 100 Points Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the firm with the lowest paid dollars by Collier County to the supplier (as obtained from the County’s financial system) within the last five (5) years will receive the higher individual ranking. If there is a multiple firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall receive the higher ranking, the firm with the next lowest volume of work shall receive the next highest ranking and so on. 12. Acceptance or Rejection of Proposals The right is reserved by the County to waive any irregularities in any proposal, to reject any or all proposals, to re-solicit for proposals, if desired, and upon recommendation and justification by Collier County to accept the proposal which in the judgment of the County is deemed the most advantageous for the public and the County of Collier. Packet Page -922- 5/12/2015 16.D.5. 14 -6274 Parks and Rec Activity Management Software Solution RFP_Non_CCNATemplate_04152014 33 Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection. In the event of default of the successful Supplier, or their refusal to enter into the Collier County contract, the County reserves the right to accept the proposal of any other Supplier or to re-advertise using the same or revised documentation, at its sole discretion. Packet Page -923- 5/12/2015 16.D.5. 14 -6274 Parks and Rec Activity Management Software Solution RFP_Non_CCNATemplate_04152014 34 Exhibit III : Collier County Purchase Order Terms and Conditions 1. Offer This offer is subject to cancellation by the COUNTY without notice if not accepted by VENDOR within fourteen (14) days of issuance. 2. Acceptance and Confirmation This Purchase Order (including all documents attached to or referenced therein) constitutes the entire agreement between the parties, unless otherwise specifically noted by the COUNTY on the face of this Purchase Order. Each delivery of goods and/or services received by the COUNTY from VENDOR shall be deemed to be upon the terms and conditions contained in this Purchase Order. No additional terms may be added and Purchase Order may not be changed except by written instrument executed by the COUNTY. VENDOR is deemed to be on notice that the COUNTY objects to any additional or different terms and conditions contained in any acknowledgment, invoice or other communication from VENDOR, notwithstanding the CO UNTY’S acceptance or payment for any delivery of goods and/or services, or any similar act by VENDOR. 3. Inspection All goods and/or services delivered hereunder shall be received subject to the COUNTY’S inspection and approval and payment therefore shall not constitute acceptance. All payments are subject to adjustment for shortage or rejection. All defective or nonconforming goods will be returned pursuant to VENDOR'S instruction at VENDOR’S expense. To the extent that a purchase order requires a series of performances by VENDOR, the COUNTY prospectively reserves the right to cancel the entire remainder of the Purchase Order if goods and/or services provided early in the term of the Purchase Order are non -conforming or otherwise rejected by the COUNTY. 4. Shipping and Invoices a) All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise specifically stated in this Pu rchase Order. Unless otherwise provided in Purchase Order, no invoices shall be issued nor payments made prior to delivery. Unless freight and other charges are itemized, any discount will be taken on the full amount of invoice. c) All shipments of goods scheduled on the same day via the same route must be consolidated. Each shipping container must be consecutively numbered and marked to show this Purchase Order number. The container and Purchase Order numbers must be indicated on bill of lading. Packing slips must show Purchase Order number and must be included on each package of less than container load (LCL) shipments and/or with each car load of equipment. The COUNTY reserves the right to refuse or return any shipment or equipment at VENDOR’S expense that is not marked with Purchase Order numbers. VENDOR agrees to declare to the carrier the value of any shipment made under this Purchase Order and the full invoice value of such shipment. d) All invoices must contain the Purchase Order number and any other specific information as identified on the Purchase Order. Discounts of prompt payment will be computed from the date of receipt of goods or from date of receipt of invoices, whichever is later. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218, Fla. Stats., otherwise known as the “Local Government Prompt Payment Act ,” and , pursuant to the Board of County Commissioners Purchasing Policy. 5. Time Is Of the Essence Time for delivery of goods or performance of services under this Purchase Order is of the Packet Page -924- 5/12/2015 16.D.5. 14 -6274 Parks and Rec Activity Management Software Solution RFP_Non_CCNATemplate_04152014 35 essence. Failure of VENDOR to meet delivery schedules or deliver within a reasonable time, as interpreted by the COUNTY in its sole judgment, shall entitle the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to reimburse the COUNTY for any expenses incurred in enforcing its rights. VENDOR further agrees that undiscovered delivery of nonconforming goods and/or services is not a waiver of the COUNTY’S right to insist upon further compliance with all specifications. 6. Changes The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such change increase or decrease the cost of, or the time required for performance of the Purchase Order, an equitable adjustment in the price and/or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing, VENDOR has an affirmative obligation to give notice if the changes will decrease costs. Any claims for adjustment by VENDOR must be made within thirty (30) days from the date the change is ordered or within such additional period of time as may be agreed upon by the parties. 7. Warranties VENDOR expressly warrants that the goods and/or services covered by this Purchase Order will conform to the specifications, drawings, samples or other descriptions furnished or specified by the COUNTY, and will be of satisfactory material and quality production, free from defects and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. These warranties shall survive inspection, acceptance, passag e of title and payment by the COUNTY. 8. Statutory Conformity Goods and services provided pursuant to this Purchase Order, and their production and transportation shall conform to all applicable laws, including but not limited to the Occupational Health and Safety Act, the Federal Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the Purchase Order. 9. Advertising No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has co ntracted with the COUNTY for goods and/or services, or appropriate or make use of the COUNTY’S name or other identifying marks or property without the prior written consent of the COUNTY’S Purchasing Department. 10. Indemnification VENDOR shall indemnify and hold harmless the COUNTY from any and all claims, including claims of negligence, costs and expenses, including but not limited to attorneys' fees, arising from, caused by or related to the injury or death of any person (including but not limited to employees and agents of VENDOR in the performance of their duties or otherwise), or damage to property (including property of the COUNTY or other persons), which arise out of or are incident to the goods and/or services to be provided hereunder. 11. Warranty of Non-Infringement VENDOR represents and warrants that all goods sold or services performed under this Purchase Order are: a) in compliance with applicable laws; b) do not infringe any patent, trademark, copyright or trade secret; and c) do not constitute unfair competition. VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims, including claims of negligence, costs and expense, including but not limited to attorneys' fees, which arise from any claim, suit or proceeding alle ging that the COUNTY’S use of the goods and/or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties in section 11 (a). If any claim which arises from VENDOR'S breach of section 11 (a) has occurred, or is likely to occur, VENDOR may, at the COUNTY’S option, procure for the COUNTY the right to continue using the goods or services, or replace or modify the goods or services so that they become non-infringing, (without any material degradation in performance, quality, functionality or additional cost to the COUNTY). 12. Insurance Requirements Packet Page -925- 5/12/2015 16.D.5. 14 -6274 Parks and Rec Activity Management Software Solution RFP_Non_CCNATemplate_04152014 36 The VENDOR, at its sole expense, shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Purchase Order. Providing and maintaining adequate insurance coverage is a material obligation of the VENDOR. All insurance policies shall be executed through insurers authorized or eligible to write policies in the State of Florida. 13. Compliance with Laws In fulfilling the terms of this Purchase Order, VENDOR agrees that it will comply with all federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non-exhaustive example, this shall include the American with Disabilities Act and all prohibitions against discrimination on the basis of race, religion, sex creed, national origin, handicap, marital status, or veterans’ status. Further, VENDOR acknowledges and without exception or stipulation shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Any breach of this provision may be regarded by the COUNTY as a material and substantial breach of the contract arising from this Purchase Order. 14. Force Majeure Neither the COUNTY nor VENDOR shall be responsible for any delay or failure in performance resulting from any cause beyond their control, including, but without limitation to war, strikes, civil disturbances and acts of nature. When VENDOR has knowledge of any actual or potential force majeure or other conditions which will delay or threatens to delay timely performance of this Purchase Order, VENDOR shall immediately give notice thereof, including all relevant information with respects to what steps VENDOR is taking to complete delivery of the goods and/or services to the COUNTY. 15. Assignment VENDOR may not assign this Purchase Order, nor any money due or to become due without the prior written consent of the COUNTY. Any assignment made without such consent shall be deemed void. 16. Taxes Goods and services procured subject to this Purchase Order are exempt from Florida sales and use tax on real property, transient rental property rented, tangible personal purchased or rented, or services purchased (Florida Statutes, Chapter 212), and from federal excise tax. 17. Annual Appropriations The COUNTY’S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 18. Termination This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the VENDOR. This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the terms and conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of such breach and VENDOR has failed to cure within 10 days of receipt of such notice. 19. General a) This Purchase Order shall be governed by the laws of the State of Florida. The venue for any action brought to specifically enforce any of the terms and conditions of this Purchase Order shall be the Twentieth Judicial Circuit in and for Collier County , Florida b) Failure of the COUNTY to act immediately in response to a breach of this Purchas e Order by VENDOR shall not constitute a waiver of breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be deemed a waiver of any subsequent default by VENDOR. c) All notices under this Purchase Order shall be sent to the respective addresses on the face page by certified mail, return receipt requested, by overnight courier service, or by personal delivery and will be deemed effective upon receipt. Postage, delivery and other charges shall be paid by the sender. A party may change its address for notice by written notice complying with the requirements of this section. d) The Vendor agrees to reimbursement of any travel expenses that may be Packet Page -926- 5/12/2015 16.D.5. 14 -6274 Parks and Rec Activity Management Software Solution RFP_Non_CCNATemplate_04152014 37 associated with this Purchase Order in accordance with Florida Statute Chapter 112.061, Per Diem and Travel Expenses for Public Officers, employees and authorized persons. e) In the event of any conflict between or among the terms of any Contract Documents related to this Purchase Order, the terms of the Contract Documents shall take precedence over the terms of the Purchase Order. To the extent any terms and /or conditions of this Purchase Order duplicate or overlap the Terms and Conditions of the Contract Documents, the provisions of the Terms and/or Conditions that are most favorable to the County and/or provide the greatest protection to the County shall govern. Packet Page -927- 5/12/2015 16.D.5. 14 -6274 Parks and Rec Activity Management Software Solution RFP_Non_CCNATemplate_04152014 38 Exhibit IV : Additional Terms and Conditions for RFP 1. Insurance Requirements The Supplier 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 Supplier shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Supplier waive against each other and the County’s separate Suppliers, 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 Supplier and County shall, where appropriate, require similar waivers of subrogation from the County’s separate Suppliers, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining, its own liability insurance. Certificates issued as a result of the award of this solicitation must identify “For any and all wo rk performed on behalf of Collier County.” The General Liability Policy provided by Supplier to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Supplier under this solicitati on and shall contain a severability of interests provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida The amounts and types of insurance coverage shall conform to the minimum requirements set forth in the Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Supplier has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Supplier 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 Supplier ’s sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Supplier 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 Supplier. The Supplier 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 Supplier from its insurer and nothing contained herein shall relieve Supplier of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Supplier hereunder, Supplier Packet Page -928- 5/12/2015 16.D.5. 14 -6274 Parks and Rec Activity Management Software Solution RFP_Non_CCNATemplate_04152014 39 shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Supplier 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 Supplier for such coverage(s) purchased. If Supplier 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 Supplier under this Agreement or any other agreement between the County and Supplier. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Supplier 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 Supplier to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 2. Offer Extended to Other Governmental Entities Collier County encourages and agrees to the successful supplier extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful supplier. 3. Additional Items and/or Services Additional items and / or services may be added to the resultant contract, or purchase order, in compliance with the Purchasing Policy. 4. Use of Subcontractors Bidders on any service related project, including construction, must be qualified and directly responsible for 51 % or more of the solicitation amount for said work. 5. County’s Right to Inspect The County or its authorized Agent shall have the right to inspect the Supplier ’s facilities/project site during and after each work assignment the Supplier is performing. 6. Additional Terms and Conditions of Contract Collier County has developed standard contracts/agreements, approved by the Board of Count y Commissioners (BCC). The selected Supplier shall be required to sign a standard Collier County contract within twenty one (21) days of Notice of Selection for Award. 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 Supplier. 7. Payment Method Packet Page -929- 5/12/2015 16.D.5. 14 -6274 Parks and Rec Activity Management Software Solution RFP_Non_CCNATemplate_04152014 40 Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Supplier ’s invoices must include:  Purchase Order Number  Description and quantities of the goods or ser vices provided per instructions on the County’s purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk’s Finance Department ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or emailed to: bccapclerk@collierclerk.com . Collier County, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. Payment methods include:  Traditional – payment by check, wire transfer or other cash equivalent.  Standard – payment by purchasing card. Collier County’s Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County’s credit card for transactions relating to this solicitation. The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an “Additional Cash Discount.” Upon execution of the Contract and completi on of each month’s work, payment requests may be submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices should be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized by the Project Manager. Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of “laches” as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the supplier or contractor for services performed of for materials delivered in association with a contract. Packet Page -930- 5/12/2015 16.D.5. 14 -6274 Parks and Rec Activity Management Software Solution RFP_Non_CCNATemplate_04152014 41 Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the “Local Government Prompt Payment Act.” Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 8. Environmental Health and Safety All Suppliers and S ub suppliers 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. Suppliers and S ub suppliers shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-of -way for the purpose of inspection of any Supplier ’s work operations. This provision is non-negotiable by any department and/or Supplier. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. A ll electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 9. Licenses The Supplier is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents . Failure on the part of any Supplier to submit the required documentation may be grounds to deem Supplier non -responsive. A Supplier, with an office within Collier County is also required to have an occupational license. All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain “active” in Collier County. If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required o ccupational licenses, please contact the Tax Collector’s Office at (239) 252 -2477. 10. Principals/Collusion By submission of this Proposal the undersigned, as Supplier, does declare that the only person or persons interested in this Proposal as principal or principals is/are named therein and that no person other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. Packet Page -931- 5/12/2015 16.D.5. 14 -6274 Parks and Rec Activity Management Software Solution RFP_Non_CCNATemplate_04152014 42 11. Relation of County It is the intent of the parties hereto that the Supplier shall be legally considered an independent Supplier , and that neither the Supplier 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 Supplier , their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 12. Termination Should the Supplier be found to have failed to perform his 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. 13. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a Proposal. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closing to final Board approval , no firm or their agent shall contact any other employee of Collier County in reference to this Proposal, with the exception of the Procurement Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. 14. Public Records Compliance The Supplier/Contractor agrees to comply with the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2) (a)-(d) and (3)), ordinances, codes, rules, regulations and requirements of any governmental agencies. 15. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.org/search.html ) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 16. Single Proposal Each Supplier must submit, with their proposal, the required forms included in this RFP. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub- consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub- consultant to any other firm or firms submitting under the same RFP. All submittals in violation of this requirement will be deemed non-responsive and rejected fr om further consideration. Packet Page -932- 5/12/2015 16.D.5. 14 -6274 Parks and Rec Activity Management Software Solution RFP_Non_CCNATemplate_04152014 43 17. Survivability Purchase Orders : The Consultant/Contractor/Supplier agrees that any Purchase Order that extends beyond the expiration date of the original solicitation will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Purchase Order. 18. Protest Procedures Any prospective supplier / proposer who desires to protest any aspect(s) or provision(s) of the solicitation (including the form of the solicitation documents or procedures) shall file their protest with the Procurement Director prior to the time of the bid opening strictly in accordance with the County’s then current purchasing ordinance and policies. The Board of County Commissioners will make award of contract in public session. Award recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and Thursdays. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Procurement Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Procurement Director. 19. Public Entity Crime A person or affiliate who has been placed on the convicted supplier list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted supplier list. 20. Security and Background Checks If required, Supplier / Contractor / Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department, and drug testing for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 21. Conflict of Interest Supplier shall complete the Conflict of Interest Affidavit included as an attachment to this RFP document. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. Packet Page -933- 5/12/2015 16.D.5. 14 -6274 Parks and Rec Activity Management Software Solution RFP_Non_CCNATemplate_04152014 44 22. Prohibition of Gifts to County Employees No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 23. Immigration Affidavit Certification Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet-based means of verifying employment eligibility of workers i n the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program:  Commodity based procurement where no services are provided.  Where the requirement for the affidavit is waived by the Board of County Commissioners Suppliers / 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 supplier ’s/bidder’s proposal. Acceptable e vidence 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. Suppliers are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Supplier does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder’s / supplier ’s proposal may be deemed non-responsive. Additionally, suppliers shall require all subcontracted suppliers to use the E-Verify system for all purchases not covered under the “Exceptions to the program” clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.gov/E-Verify . It shall be the supplier ’s responsibility to familiarize themselves with all rules and regulations governing this program. Supplier 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 re ferenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 24. Collier County Local Preference Policy Packet Page -934- 5/12/2015 16.D.5. 14 -6274 Parks and Rec Activity Management Software Solution RFP_Non_CCNATemplate_04152014 45 Collier County provides an incentive to local business to enhance the opportunities of local businesses in the award of County contracts. In the evaluation of proposals, the County rewards Vendors for being a local business by granting a ten (10) points incentive in the evaluation criterion points. Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector for at least one year prior to bid or proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier County from which the vendor’s staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non-permanent structure such as a construction trailer, storage shed, or other non-permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. Under this solicitation proposers de si ri ng to rece iv e loc al prefer en ce will be in vi t ed an d required to a ff irm at iv ely s tate and provi de do cumentati on as s et for th in the so li citati on in s up port of their status as a local business. Any pro po s er who fails to submit su ff icient do cumentation with their proposal o ff er s ha ll n ot be gr an t ed loc al prefer en ce c on si de rati on f or the pu r po s es of that s pe c ific contract award. Exc ept w he re f ede r al or state law, or any ot her f un di ng s ou rc e, mandates to the contrary, Colli er Co unt y and i ts ag en ci es a nd instrumenta li ties , will give prefer en ce to local business es in t he followi ng m anne r. F or all pu rc ha ses of comm od ities and servic es procur ed thr ou gh a competitive proposal process and not otherwis e exem pt from th is loc al prefer en c e section, th e so li cit at i on s hall incl ude a weig ht ed cri te rion f or loc al prefer en c e that equals 10 pe rcent of the total points in the evalu at i on criteria p ub lished in t he so li ci ta tion . Pu rc has es of professi onal se rv i ce s as de fined and i den tifi ed u nder s ub secti on 11 B .2 (which are s ub ject to Section 28 7 .0 55, F.S .) and s ub s ection 11B .3 (which are s ub ject to Secti on 11.45, F.S .) s ha ll not be s ub ject to th is loc al prefer en ce sectio n. The vendor must complete and submit with their proposal response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation . Failure on the part of a vendor to submit this Affidavit with their proposal response will preclude said Vendor from being considered for local preference under this solicitation . A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. Packet Page -935- 5/12/2015 16.D.5. 14 -6274 Parks and Rec Activity Management Software Solution RFP_Non_CCNATemplate_04152014 46 Attachment 1 : Vendor’s Non -Response Statement The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons for prospective Vendors not wishing to respond to this solicitation. If your firm is not responding to this RFP, please indicate the reason(s) by checking the item(s) listed below and return this form via email or fax, noted on the cover page, or mail to Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. We are not responding to Solicitation 14 -6274 Parks and Rec Activity Management Software Solution for the following reason(s): Services requested not available through our company. Our firm coul d not meet specifications/scope of work. Specifications/scope of work not clearly understood or applicable (too vague, rigid, etc.) Project is too small. Insufficient time allowed for preparation of response. Incorrect address used. Please correct mailing address: ___________________________________________________________________________ ________________________________________________________________________________ ____________________________________________________________________ Other reason(s):_____________________________________________________________ ________________________________________________________________________________ ______________________________________________________________________ ___________________________________________________________________________ Name of Firm: ________________________________________________________ Address: ________________________________________________________ City, State, Zip: ________________________________________________________ Telephone: ________________________________________________________ Email: ________________________________________________________ Representative Signature: ________________________________________________________ Representative Name : _______________________________________ Date ____________ Packet Page -936- 5/12/2015 16.D.5. 14 -6274 Parks and Rec Activity Management Software Solution RFP_Non_CCNATemplate_04152014 47 Attachment 2: Vendor Check List IMPORTANT : THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your Proposal. Vendor should check off each of the following items as the necessary action is completed: The Proposal has been signed. All applicable forms have been signed and included , along with licenses to complete the requirements of the project. Any addenda have been signed and included. The mailing envelope has been addressed to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Joanne Markiewicz, Procurement Director The mailing envelope must be sealed and marked with Solicitation 14 -6274 Parks and Rec Activity Management Software Solution and 9/3/2014 . The Prop osal will be mailed or delivered in time to be received no later than the specified due date and time . (Otherwise Proposal cannot be considered.) ALL COURIER-DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Na me of Firm: ________________________________________________________ Address: ________________________________________________________ City, State, Zip: ________________________________________________________ Telephone: ________________________________________________________ Email: ________________________________________________________ Representative Signature: ________________________________________________________ Representative Name : _____________________________________ Date ______________ Packet Page -937- 5/12/2015 16.D.5. 14 -6274 Parks and Rec Activity Management Software Solution RFP_Non_CCNATemplate_04152014 48 Attachment 3 : Conflict of Interest Affidavit By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work; and bear on whether the firm (employees, officers and/or agents) has a possible conflict have been fully disclosed. Additionally, the firm (employees, officers and/or agents) agrees to immediately notify in writing the Procurement Director, or designee, if any actual or potential conflict of interest arises during the contract and/or project duration. Firm: _____________________________________________________________ Signature and Date: _____________________________________________________________ Print Name _____________________________________________________________ Title of Signatory _____________________________________________________________ State of _______________________________________________________________________ County of _______________________________________________________________________ SUBSCRIBED AND SWO R N to before me this ____________ day of __________________, 20___________, by _______________________________________________, who is personally known to me to be the ________________________________________ for the Firm, OR who produced the following identification ________________________________________. _________________________________________________________________________________ N otary Public My Commission Expires ___________________________________________ Packet Page -938- 5/12/2015 16.D.5. 14 -6274 Parks and Rec Activity Management Software Solution RFP_Non_CCNATemplate_04152014 49 Attachment 4 : Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: Solicitation : 14 -6274 Parks and Rec Activity Management Software Solution Dear Commissioners: The undersigned, as Vendor declares that this proposal is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor agrees, if this proposal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the proposal pertains. The Vendor states that the proposal is based upon the proposal documents listed by Solicitation: 14 -6274 Parks and Rec Activity Management Software Solution . (Proposal Continued on Next Page) Packet Page -939- 5/12/2015 16.D.5. 14 -6274 Parks and Rec Activity Management Software Solution RFP_Non_CCNATemplate_04152014 50 PROPOSAL CONTINUED IN WITNESS WHEREOF, WE have hereunto subscribed our names on this _____ day of _____________, 20 in the County of _______________, in the State of _____________. Firm’s Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority Document Number: Federal Tax Identification Number CCR # or CAGE Code Telephone: FAX: Signature by: (Typed and wri tten) Title: Additional Contact Information Send payments to: (required if different from above) Company name used as payee Contact name: Title: Address: City, State, ZIP Telephone: FAX: Email: Office servicing Collier County t o place orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: _________________________________ Email _________________________________ Packet Page -940- 5/12/2015 16.D.5. 14 -6274 Parks and Rec Activity Management Software Solution RFP_Non_CCNATemplate_04152014 51 Attachment 5: Immigration Affidavit Certification So licitation: 14 -6274 Parks and Rec Activity Management Software Solution This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB’s) and Request for Proposals (R FP) submittals. Further, Vendors / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor’s/bidder’s proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program, may deem the Vendor / Bidder’s proposal as non -responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act (“INA”). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E -Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor’s / Bidder’s proposal. Company Name ____________________________________________________________________ Print Name Title _______________________ Signature Da te _______________________ State of ___________________ County of _________________ The foregoing instrument was signed and acknowledged before me this ______day of ________________, 20___, by _______________________________ who has produced _____________________________ as identification. (Print or Type Name) (Type of Identification and Number) _____________________________________ Notary Public Signature _____________________________________ Printed Name of Notary Public _____________________________________ Notary Commission Number/Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. Packet Page -941- 5/12/2015 16.D.5. 14 -6274 Parks and Rec Activity Management Software Solution RFP_Non_CCNATemplate_04152014 52 Attachment 7: Vendor Subs titu te W – 9 Request for Taxpayer Identification Number and Certification In ac co r da nce wi th the Inte rn al Re ve nue Ser vi ce re gu l at io ns, Co llier C ou nty is required to collect t he followi ng in fo rm at io n for tax repor ti ng pu rp os es from indiv id ua ls and co m pa ni es who do bu si ness wi th the County (i nc l ud in g social sec ur it y number s if us e d b y th e indiv id ual or co m pa ny for tax rep or tin g purpo se s). Fl o ri d a Statute 119 .0 7 1(5) re qu ir e th at the co un ty notify y ou in wr iti ng of t he reason f or coll ec ti ng this inform at ion , w hi ch will b e us ed f or no oth er pu rp ose th an herein s tate d. Please com pl e te all in fo rm at io n th at appli es to yo ur b us in ess an d re tu rn with your quote or proposal. 1. G en e ra l In formatio n (provide all information) T axpayer Name _______________________________________________________________________________ (as shown on income tax return) Business Name ______________________________________________________________________________ (if different from taxpayer na me) Address ____________________________________ Ci t y _____________________________________________ St a t e ______________________________________ Z ip _____________________________________________ T ele p ho n e __________________ FAX ______________________ Email ________________________________ Order Information Address ___________________________________ Remit / Payment Information Address _________________________________________ Ci t y __________ St a t e ________ Zip ___________ Ci t y _____________ St a t e _________ Z ip ______________ FAX ______________________________________ Email _____________________________________ FAX ______________________________________________ Email _____________________________________________ 2. Co m pany Sta tu s (c he ck only one) Indiv i du a l / So l e Propr i etor Cor p orati o n Partners h ip Tax Exempt (Fede r al in c ome ta x -exempt e ntity un d er Intern a l Rev e nue S erv i ce gu i de l i n es IRC 501 (c) 3) Limit e d Li a b i lity Comp a ny E nter the tax classification (D = Disregarded Entity, C = Cor p orati o n, P = Partnership) 3. Taxpa yer I de nt ific ation Number (fo r ta x re po rt i ng pu rpos es o nl y) Federal Tax Identification Number (TIN) _______________________________________________________________ (Vendors who do not have a TIN, will be required to provide a social security number prior to an award of the contract.) 4. Si gn an d Date Form Certification : Un der penalt ie s of perjury, I certify that the information sh own on this form is correct to my knowl ed g e. Signature ___________________________________________________________ Date _________________________________ Title _______________________________________________________________ Phone Number ________________________ Packet Page -942- 5/12/2015 16.D.5. Attachment 7: Insurance and Bonding Requirements Insurance / Bond Type Required Limits 1. Worker’s Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements 2. Employer’s Liability $500,000 single limit per occurrence 3. Commercial General Liability (Occurrence Form) patterned after the current ISO form Bodily Injury and Property Damage $1,000,000 single limit per occurrence, $2,00 0,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability 4. Indemnification To the maximu m extent permitted by Florida law, the Contractor/Vendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys’ f ees and paralegals’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident a rising from the sole negligence of Collier County. 4. Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury & Property Damage, Owned/Non -owned/Hired; Automobile Included 5. Other insurance as noted: Watercraft $ __________ Per Occurrence United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ __________ Per Occurrence Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ __________ Per Occurrence Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ __________ Per Occurrence Pollution $ __________ Per Occurrence Professional Liability -Technology Errors and Omissions $1,000,000 Per Occurrence Cyber Liability $1,000,000 per claim and in the aggregate Packet Page -943- 5/12/2015 16.D.5. 14 -6274 Parks and Rec Activity Management Software Solution RFP_Non_CCNATemplate_04152014 54 Valuable Papers Insurance $__________ Per Occurrence 6. Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers’ check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. Performance and Payment Bonds For projects in excess of $200,000, bonds shall be submitted with the executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as “A -“ or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders’ surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Ful ton Street, New York, New York 10038. 8. Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. Collier County must be named as "ADDITIONAL INSURED " on the Insurance Certificate for Commercial General Liability where required. 10. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. Thirty (30) Days Cancellation Notice required. Vendor’s Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm _______________________________________ Date ____________________________ Vendor Signature _________________________________________________________________________ Print Name _________________________________________________________________________ Insurance Agency _________________________________________________________________________ Agent Name _______________________________________ Telephon e Number _________________ Packet Page -944- 5/12/2015 16.D.5. Selection Committee Final Ranking Sheet RFP #: 14-6274 Title: Parks and Rec Activity Management Software Solution Name of Firm Josh Hammond Irene Johnson Shannon Peters Michele Straube Ilonka Washburn Final Rank Active Network, LLC 1 1 1 1 1 1.0000 US eDirect 2 2 2 2 2 2.0000 Purchasing Representative Joanne Markiewicz; 10/3/14 Selection Committee Recommendation: Should the County not reach agreement with Active Network, the Selection Committee recommends re-competition. Page 1 of 1 Pa c k e t P a g e - 9 4 5 - 5 / 1 2 / 2 0 1 5 1 6 . D . 5 .