Agenda 09/08/2015 Item #16E10Proposed Agenda Changes
Board of County Commissioners Meeting
September 8, 2015
Withdraw Item 11C: Recommendation to approve the award of RFP 15 -6424, Management Services
Contract for the Collier Area Transit (CAT) Fixed Route and Paratransit Programs, to Medical
Transportation Management, Inc. dba Southeast MTM, Inc. (MTM) for Scheduling and Dispatch Services
and to MV Transportation, Inc. for Transit Operation Services in the aggregate amount of $6,439,091 for
FY16. (Staffs request/Intent to Protest)
Move Item 16E13 to Item 11G: Recommendation to ratify administratively approved work order
modifications and /or contract change orders /Amendments that do not exceed ten percent (10 %) of the
current Board approved aggregate amount or twenty percent (20 %) of the current Board approved schedule
(number of days); approve modifications to the current Board approved performance schedules; and
approve surplus disposal and revenue disbursement and other items as determined by the County Manager
or designee. (Commissioner Henning's request)
Move Item 16F5 to Item 11H: Recommendation to approve the FY 2016 Agreement between the
Partnership for Collier's Future Economy, Inc. ( "PCFE ") and the Board of County Commissioners in
continued support of the established public - private partnership designed to advance our community's
business and economic development efforts. (Commissioner Taylor's request)
Move Item 16F6 to Item 111: Recommendation to approve the Third Amendment to the Agreement
between Economic Incubators, Inc., the Administrative Entity for the Business Accelerator Project, and the
Board of County Commissioners. (Commissioner Taylor's request)
Move Item 16F7 to Item IIJ: Recommendation to approve a successor Agreement between Economic
Incubators, Inc. , the Administrative Entity for the Business Accelerator Project, and the Board of County
Commissioners for Fiscal Year 2016 and approve necessary budget amendments. (Commissioner Taylor's
request)
Move Item 16178 to Item 11 K: Recommendation to approve the Fiscal Year 2016 Agreement between
the Southwest Florida Economic Development Alliance, Inc. and the Board of County Commissioners.
(Commissioner Taylor's request)
Move Item 16E10 to Item 11L: Recommendation to award
ITB 15 -6474, "Medical Director (Part A) for Collier County
and Employment Physicals & Drug Testing (Part B)" to
Advance Medical Center, LLC. (Commissioner Henning's
request)
Move Item 16J4 to Item 13A: To record in the minutes of the Board of County Commissioners, the check
number (or other payment method), amount, payee, and purpose for which the reference disbursements were
drawn for the periods between July 1 and August 26, 2015 pursuant to Florida Statute 136.06.
(Commissioner Fiala's request)
9/8/2015 16.E.10.
EXECUTIVE SUMMARY
Recommendation to award ITB 15 -6474, "Medical Director (Part A) for Collier County and
Employment Physicals & Drug Testing (Part B)" to Advance Medical Center, LLC.
OBJECTIVE: To obtain a medical provider to act as the Medical Director over the Occupational Health
and Wellness program staff, to evaluate designated post job offer candidates, and to provide active
employee physical evaluations and required drug testing as needed.
CONSIDERATION: Collier County uses a contracted medical services provider to act as the Medical
Director over the Occupational Health and Wellness program staff, to evaluate designated post job offer
candidates, and to provide active employee physical evaluations and required drug testing as needed. The
current contract expires on September 12, 2015.
On June 21, 2015, the Procurement Service Division, posted formal notice for ITB 15 -6474, a two -part
solicitation, to six hundred, eighty one (68 1) vendors with nineteen (19) notices downloaded and three (3)
bids received. A bid tabulation sheet is attached for review, referenced in Attachment A.
Staff reviewed the bids, which were based upon a per test charge for approximately fifty -six line items.
Advanced Medical's bid was the lowest in the "per test" category. Forecasting the estimated cost of
service under the new bid, staff developed a pricing analysis on the overall potential cost of this contract
for year one. The data was based upon the actual number of tests performed in FY2014 as referenced in
Attachment B. In addition, Dr. Gregory E. Leach MD, of Advance Medical Center, LLC, was the only
respondent who possessed the requisite professional and Medical Review Officer (MRO) credentials to
administer the program at the time of the bid due date.
Therefore, staff is recommending the award of ITB 15 -6474, a two -part solicitation, to Advance Medical
Center, LLC, as the lowest, qualified and responsive bid, as stated below:
1. Part A, to Dr. Gregory E. Leach M.D., to provide medical director services for the County's
health and wellness programs; and
2. Part B to Advanced Medical Center, LLC, for employment physicals and drug testing services
FISCAL IMPACT: Funds are budgeted annually in the Workers' Compensation (Fund 518) budget
and department budgets for required physicals and drug tests. Total funds expended are dependent upon
the need for services. Historical, annual expenditures for the medical testing services are $61,000 based
on number and types of tests conducted; the medical fees were approximately $18,000 annually.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires
majority vote for Board approval. —SRT
RECOMMENDATION: That the Board of County Commissioners awards ITB 15 -6474 "Medical
Director (Part A) for Collier County and Employment Physicals & Drug Testing (Part B)" to Advance
Medical Center, LLC and authorizes the Chairman to execute the attached County Attorney approved
agreement.
Prepared by: Linda Jackson Best, Manager, Risk Finance and Gary Troy, Occupational Health Nurse
Attachments:
Attachment A: Bid Tabulation;
Attachment B: Data Analysis
Attachment C: Agreement No. 15 -6474
Attachment D: Solicitation No. 15 -6474
Packet Page -1823-
9/8/2015 16.E.10.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.E.16.E.10.
Item Summary: Recommendation to Award Bid No. 15 -6474 "Medical Director (Part A)
for Collier County and Employment Physicals & Drug Testing (Part B)" to Advance Medical
Center, LLC.
Meeting Date: 9/8/2015
Prepared By
Name: Linda Best
Title: Manager - Risk Finance, Administrative Services Department
8/14/2015 10:58:32 AM
Submitted by
Title: Manager - Risk Finance, Administrative Services Department
Name: Linda Best
8/14/2015 10:58:34 AM
Approved By
Name: WalkerJeff
Title: Division Director - Risk Management, Administrative Services Department
Date: 8/14/2015 11:20:36 AM
Name: pochopinpat
Title: Administrative Assistant, Administrative Services Department
Date: 8/14/2015 11:54:44 AM
Name: MarkiewiczJoanne
Title: Division Director - Purchasing & Gen Svc, Administrative Services Department
Date: 8/15/2015 12:54:23 PM
Name: CrouchJason
Title: Procurement Specialist, Administrative Services Department
Date: 8/17/2015 8:41:42 AM
Packet Page -1824-
9/8/2015 16.E.10.
Name: JohnsonScott
Title: Manager - Procurement, Administrative Services Department
Date: 8/17/2015 1:55:50 PM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 8/18/2015 9:40:11 AM
Name: PriceLen
Title: Department Head - Administrative Svc, Administrative Services Department
Date: 8/24/2015 3:29:07 PM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 8/25/2015 8:34:01 AM
Name: IsacksonMark
Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget
Date: 8/25/2015 9:07:06 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 8/25/2015 10:33:56 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 8/25/2015 3:19:56 PM
Packet Page -1825-
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201516.E.10.
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9/8/2015 16.E.10.
AGREEMENT15 -6474
for
Medical Director for Collier County (Part A) and
Employment Physicals'and Drug Testing (Part B)
THIS AGREEMENT, made and entered into on this day of 2015, by
and between Advance Medical of Naples, LLC, authorized to do business in the State of
Florida, whose business address is 720 Goodlette Road, N. Suite 500, Naples, FL 34102 (the
"Consultant ") and Collier County, a political subdivision of the State of Florida, (the
"County "):
WITNESSETH:
1. COMMENCEMENT. The Consultant shall commence work on September 13, 2015.
2. CONTRACT TERM. The contract shall be for a one (1) year period, commencing on
September 13, 2015 and terminating on September 12, 2016.
The County may, at its discretion and with the consent of the Consultant, renew the
Agreement under all of the terms and conditions contained in this Agreement for three
(3) additional one (1) year periods. The County shall give the Consultant written notice
of the County's intention to renew the Agreement term not less than ten (10) days prior
to the end of the Agreement term then in effect.
The County Manager, or his designee, may, at his discretion, extend the Agreement
under all of the terms and conditions contained in this Agreement for up to one
hundred and eighty (180) days, The County Manager, or his designee, shall give the
Consultant 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.
3. STATEMENT OF WORK. The Consultant shall provide Medical Director Services for
the Collier County Occupational Health Program (Part A), and Employment Physicals
and Drugs Testing Services (Part B) in accordance with the Exhibit A, Scope of Services,
attached hereto, the terms and conditions of ITB #15 -6474 and the Consultant's
proposal, referred to herein and made an integral part of this Agreement. This
Agreement contains the entire understanding between the parties and any
modifications to this Agreement shall be mutually agreed upon in writing by the
Page 1 of 16
Contract# 15.6474 "Medical Director for Collier County
(Part A) end Employment Physicals and Drug Testing (Part B)"
r
Packet Page -1831-
9/8/2015 16. E.10.
Parties, in compliance with the County Purchasing Ordinance, as amended, and
Procurement Procedures in effect at the time such services are authorized.
4. THE CONTRACT SUM. The County shall pay the Consultant for the performance of
this Agreement for services related to Medical Director Services of Collier County
Occupational Health Program (Part A), a not -to- exceed annual amount of Fifteen
Thousand Dollars ($15,000.00), to be billed and paid monthly lump sum installments.
The County shall pay the Consultant for the performance of this Agreement for services
related Employment Physicals and Drugs Testing Services (Part B), in accordance with
the attached Exhibit B - Cost, as such services are required by the County. 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 ".
4.1 Payments will be made for services furnished, delivered, and accepted, upon
receipt and approval of invoices submitted on the date of services or within six (6)
months after completion of contract. Any untimely submission of invoices beyond the
specified deadline period is subject to non - payment under the legal doctrine of "lathes"
as untimely submitted. Time shall be deemed of the essence with respect to the timely
submission of invoices under this agreement.
5. SALES TAX. Consultant shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the
performance of the Work. ork. Collier County, Florida as a political subdivision of the State
of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter
212, Florida Statutes, Certificate of Exemption # 85- 8015966531C -2.
6. NOTICES. All notices from the County to the Consultant shall be deemed duly served
if mailed or faxed to the Consultant at the following Address:
Advance Medical of Naples, LLC
720 Goodlette Road, N. Suite 500
Naples, FL 34102
Telephone: 239- 566 -7676
Facsimile: 239 -254 -3105
All Notices from the Consultant to the County shall be deemed duly served if mailed or
faxed to the County to:
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Contract# 15.6474 "Medical Director for Collier County
(Put A) and Employment Physicals and Drug Testing (Part B)"
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Collier County Government Center
Procurement Services Division
3327 Tamiami Trail, East
Naples, Florida 34112
Attention: Joanne Markiewicz, Director, Procurement Services Division
Telephone: 239 - 252 -8407
Facsimile: 239- 252 -6480
The Consultant and the County may change the above mailing address at any time
upon giving the other party written notification. All notices under this Agreement must
be in writing.
7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Consultant or to constitute the Consultant as
an agent of the County.
8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Consultant. The
County will not be obligated to pay for any permits obtained by
SubConsultants/ Subconsultants.
Payment for all such permits issued by the County shall be processed internally by the
County. All non - County permits necessary for the prosecution of the Work shall be
procured and paid for by the Consultant. The Consultant shall also be solely
responsible for payment of any and all taxes levied on the Consultant. In addition, the
Consultant shall comply with all rules, regulations and laws of Collier County, the State
of Florida, or the U. S. Government now in force or hereafter adopted. The Consultant
agrees to comply with all laws governing the responsibility of an employer with respect
to persons employed by the Consultant.
9. NO IMPROPER USE. The Consultant will not use, nor suffer or permit any person to
use in any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Consultant
or if the County or its authorized representative shall deem any conduct on the part of
the Consultant to be objectionable or improper, the County shall have the right to
suspend the contract of the Consultant. Should the Consultant fail to correct any such
violation, conduct, or practice to the satisfaction of the County within twenty -four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to
continue until the violation is cured. The Consultant further agrees not to commence
operation during the suspension period until the violation has been corrected to the
satisfaction of the County.
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(Part A) and Employatent Physicals and Drug Testing (Part B)"
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10. TERMINATION. Should the Consultant be found to have failed to perform his
services in a manner satisfactory to the County as per this Agreement, the County may
terminate said agreement for cause; further the County may terminate this Agreement
for convenience with a thirty (30) day written notice. The County shall be sole judge of
non - performance.
In the event that the County terminates this Agreement, Consultant's recovery against
the County shall be limited to that portion of the Contract Amount earned through the
date of termination. The Consultant shall not be entitled to any other or further recovery
against the County, including, but not limited to, any damages or any anticipated profit
on portions of the services not performed.
11. NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination
as to race, sex, color, creed or national origin.
12. INSURANCE. The Consultant shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $500,000 Per
Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage
Liability. This shall include Premises and Operations; Independent Contractors;
Products and Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage
Liability. This shall include: Owned Vehicles, Hired and Non - Owned Vehicles and
Employee Non - Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of $500,000 for
each accident.
D. Medical Professional Liability: Coverage shall have minimum limits of $250,000
Per Occurrence, $750,000 aggregate.
E. Medical Malpractice: Coverage shall have minimum limits of $1,000,000 Per
Occurrence.
Special Requirements: Collier County Government shall be listed as the Certificate
Holder and included as an Additional Insured on the Comprehensive General Liability
Policy.
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(Part A) and Employment Physicals and Drug Testing (Part B)"
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Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Consultant during the duration of this Agreement. The Consultant shall
provide County with certificates of insurance meeting the required insurance
provisions. Renewal certificates shall be sent to the County ten (10) days prior to any
expiration date. Coverage afforded under the policies will not be canceled or allowed to
expire until the greater of. ten (10) days prior written notice, or in accordance with
policy provisions. Consultant shall also notify County, in a like manner, within twenty -
four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or
material change in coverage or limits received by Consultant from its insurer, and
nothing contained herein shall relieve Consultant of this requirement to provide notice.
Consultant shall ensure that all subConsultants /sub - Consultants comply with the same
insurance requirements that he is required to meet.
13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
Consultant shall indemnify and hold harmless Collier County, its officers and
employees from any and all liabilities, damages, losses and costs, including, but not
limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any
claimed breach of this Agreement by Consultant, any statutory or regulatory violations,
or from personal injury, property damage, direct or consequential damages, or
economic loss, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the Consultant or anyone employed or utilized by the Consultant
in the performance of this Agreement. This indemnification obligation shall not be
construed to negate, abridge or reduce any other rights or remedies which otherwise
may be available to an indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County,
13.1 The duty to defend under this Article 13 is independent and separate from the
duty to indemnify, and the duty to defend exists regardless of any ultimate liability of
the Consultant, County and any indemnified party. The duty to defend arises
immediately upon presentation of a claim by any party and written notice of such
claim being provided to Consultant's obligation to indemnify and defend under this
Article 13 will survive the expiration or earlier termination of this Agreement until it is
determined by final judgment that an action against the County or an indemnified
party for the matter indemnified hereunder is fully and finally barred by the applicable
statute of limitations.
14. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Risk Management Division.
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(Part A) and Employment Physicals and Drug Testing (Part 8)" E)
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15. CONFLICT OF INTEREST. Consultant represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required hereunder. Consultant further represents
that no persons having any such interest shall be employed to perform those services.
16. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the following
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Consultant's Proposal, Insurance Certificate(s), Bid #15 -6474 Scope of
Services, any Addendum/ Addenda, Exhibit A, Scope of Services, Exhibit B- Cost, and
Exhibit C, Business Associate Agreement.
17. SUBTECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this agreement is subject to appropriation by the Board of County
Commissioners.
18. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or
individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee,
service or other item of value to any County employee, as set forth in Chapter 112, Part
III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, as amended, and
County Administrative Procedure 5311. Violation of this provision may result in one or
more of 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.
19. COMPLIANCE WITH LAWS. By executing and entering into this agreement, the
Consultant is formally acknowledging without exception or stipulation that it agrees to
comply, at its own expense, with all federal, state and local laws, codes, statutes,
ordinances, rules, regulations and requirements applicable to this Agreement, including
but not limited to those dealing with the Immigration Reform and Control Act of 1986
as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be
amended, taxation, workers` compensation, equal employment and safety (including,
but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes), and the Florida
Public Records Law Chapter 119 (including specifically those contractual requirements
at F.S. § 119.0701(2)(a) -(d) and (3))) stated as follows:
(2) In addition to other contract requirements provided by law, each public agency
contract for services must include a provision that requires the Consultant to comply
with public records laws, specifically to:
(a) Keep and maintain public records that ordinarily and necessarily would be
required by the public agency in order to perform the service.
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(Part A) and Employment Physicals and Drug Testing (Part B)
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(b) Provide the public with access to public records on the same terms and conditions
that the public agency would provide the records and at a cost that does not exceed the
cost provided in this chapter or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to the
public agency all public records in possession of the Consultant upon termination of the
contract and destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. All records stored electronically
must be provided to the public agency in a format that is compatible with the
information technology systems of the public agency.
(3) If a contractor does not comply with a public records request, the public agency
shall enforce the contract provisions in accordance with the contract.
If Consultant observes that the Contract Documents are at variance therewith, it shall
promptly notify the County in writing. Failure by the Consultant to comply with the
laws referenced herein shall constitute a breach of this agreement and the County shall
have the discretion to unilaterally terminate this agreement immediately.
20. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the
discretion of the successful proposer.
21. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement
shall remain in effect.
22. ADDITIONAL ITEMS /SERVICES. Additional items and /or services may be added to
this contract in compliance with the Purchasing Ordinance and Purchasing Procedures.
23. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted
by this Agreement to resolve disputes between the parties, the parties shall make a good
faith effort to resolve any such disputes by negotiation. The negotiation shall be
attended by representatives of Consultant with full decision - making authority and by
County's staff person who would make the presentation of any settlement reached
during negotiations to County for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation
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(Part A) and Employment Physicals and Drug Testing (Part B)"
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shall be attended by representatives of Consultant with full decision - making authority
and by County's staff person who would make the presentation of any settlement
reached at mediation to County's board for approval. Should either party fail to submit
to mediation as required hereunder, the other party may obtain a court order requiring
mediation under section 44.102, Fla. Stat:
24. VENUE. Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate
federal or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
25. KEY PERSONNEL. The Consultant personnel and management to be utilized for this
Agreement shall be knowledgeable in their areas of expertise. The County reserves the
right to perform investigations as may be deemed necessary to ensure that competent
persons will be utilized in the performance of the Agreement The Consultant shall
assign as many people as necessary to complete the services on a timely basis, and each
person assigned shall be available for an amount of time adequate to meet the required
services. The Consultant shall not change Key Personnel, including the Medical
Director, unless the following conditions are met: (1) Proposed replacements have
substantially the same or better qualifications and /or experience; and (2) that the
County is notified in writing as far in advance as possible. The Consultant shall make
commercially reasonable efforts to notify Collier County within seven (7) days of the
change. The County retains final approval of proposed replacement personnel.
26. ORDER OF PRECEDENCE, In the event of any conflict between or among the terms of
any of the Contract Documents, the terms of the ITB 15-6474, the Consultant's Proposal,
and /or the County's Board approved Executive Summary, the Contract Documents
shall take precedence.
27. ASSIGNMENT. Consultant shall'not assign this Agreement or any part thereof, without
the prior consent in writing of the County. Any attempt to assign or otherwise transfer
this Agreement, or any part herein, without the County's consent, shall be void. If
Consultant does, with approval, assign this Agreement or any part thereof, it shall
require that its assignee be bound to it and to assume toward Consultant all of the
obligations and responsibilities that Consultant has assumed toward the County.
w
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Contract9 15 -6474 "Medical Director for Collies County
(Part A) and Employment Physicals and Drug Testing (Part B)"
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IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized
person or agent, have executed this Agreement on the date and year first written above.
ATTEST:
Dwight E. Brock, Clerk of Courts
By:
Dated:
(SEAL)
First Witness
'Type / print witness namet
Second Witness
TType /print witness namet
Approved as to Form and Legality:
Assistant County Attorney
Print Name
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Bv:
Tim Nance, Chairman
Advance Medical of Naples, LLC
Consultant
By:
Signature
1'Type/ print signature and titleT
Page 9 of 16
Contract# 15-6474 "Medical Director for Collier Countv n A
(Part A) and Employment Physicals and Drug Testing (fart H)"
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Exhibit A
Scope of Services
Detailed Scope of Work:
9/8/2015 16.E.10.
Part A: The Consultant shall provide Medical Director Services for the Collier County
Occupational Health Program as may be required by the Collier County Manager's
Agency and its participating agencies, located in Naples, Florida These programs are be
available to all Regular, Temporary and Seasonal Employees of the County Manager's
Agency of Collier County and its participating agencies, which currently include, but are
not limited to: County Attorney, Airport Authority, and Pelican Bay Services. This
contract does not include the Collier County Sheriff's Staff and employees nor the Collier
County Clerk of the Court's staff as they have separate contracts. The County has a total
of approximately one thousand nine hundred and forty (1,940) employees.
The Consultant shall ensure that the physician providing services is a licensed doctor of
medicine or osteopathy who has completed residency training in an accredited medical
training program and /or is American Boards of Medical Specialties (ABMS) or American
Osteopathic Association (AOA) certified. The physician shall be knowledgeable and /or
have a background that includes, but is not limited to; Occupational Medicine, OSHA
Standards, NFPA 1582 and 1583 Standards, Florida Workers' Compensation Statutes,
DOT Agencies - FAA /FTA /FMCA and USCG drug and alcohol testing regulations. In the
event that the physician awarded to provide listed services is unavailable, an on call
physician of similar qualifications shall be designated to provide such services.
The County does not guarantee a specific quantity of work. The Consultant must provide
all services listed in this Scope of Services, which include but are not limited to the
following:
1. Review, recommend & approve standing medical orders & protocols.
2. Provide a written recommendation for an employee or prospective job candidate's
ability to wear a respirator based on OSHA's Respiratory Protection Standard -
CFR1910.134.
3. Provide services per OSHA's Occupational Noise Exposure Standard - CFR 1910.95.
4. Consult and recommend pre - placement evaluation criteria & findings.
5. Consult on work related injuries & illnesses.
6. Consult on "fitness for duty" evaluations.
7. Medical Review Officer (MRO): review and consultation of drug related tests.
Reports and Records: All medical reports shall be the sole property of Collier County and
may not be used or reproduced in any form without the explicit written permission of the
County. The Consultant shall maintain complete records on each individual
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examined / treated. Such records shall remain confidential in compliance with all HIPPA
regulations and will be made available only to the County's representative and /or the
individual.
No information, record, report or data derived, compiled, obtained, prepared or
developed by the Consultant from work performed pursuant to the Agreement may be
released, disseminated or disclosed without written consent of the County.
All medical reports and records shall be formally transferred to the County by the
Consultant within five (5) working days after the receipt of a Agreement termination
notice or at the end of the Agreement term.
Part B: A comprehensive pre - employment physical and drug testing program to benefit
Collier County and reduce liability to the County. This program will ensure the proper
placement of employees based upon physical capabilities related to essential functions of
County positions. Also included will be .reassessment of appropriate County employees
on a designated basis. This program will ensure the health of County employees and
potential County employees.
The Consultant shall ensure that the physician providing and /or overseeing services is a
licensed doctor of medicine or osteopathy who has completed residency training in an
accredited medical training program and /or is American Boards of Medical Specialties
(ABMS) or American Osteopathic Association (AOA) certified. The physician shall be
knowledgeable and /or have a background that includes, but is not limited to;
Occupational Medicine, OSHA Standards, NFPA 1582 and 1583 Standards, Florida
Workers' Compensation Statutes, DOT Agencies - FAA /FTA /FMCA and USCG drug
and alcohol testing regulations
Specific requirements include:
1. The Occupational Medical Services Program will be designed to provide the medical
services listed. The Consultant shall provide weekend and extended hours of operation
and shall be staffed with appropriately trained and qualified medical personnel.
2. Clinical Activities: The following are the activities that shall be required of the
Consultant. This list includes the core function and major emphasis of clinical activities to
be performed. Lab results, medical findings and recommendations shall be reviewed with
the examinee.
a. Pre - Placement Employment Physical: A basic occupational and medical history is
reviewed with an occupational physical exam. (A Respirator Medical Clearance
Evaluation may also be required based on job classification.) The medical determination
of ability to work is assessed based on the job classification specifications. A vision exam
(near & far acuity, color, depth perception) will be conducted with this physical at no
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charge. Ancillary tests to determine medical clearance (i.e., drug testing, blood alcohol,
CBC, lipid panel) are reimbursed per fee schedule.
b. Pre - Placement Physical W /CDL Physical: The candidate's medical history is
reviewed. (A Respirator Medical Clearance Evaluation may also be required based on job
classification.) The medical examiner, conducts a physical that evaluates the candidate's
medical condition for employment and CDL medical certification. The physician
completes the pre - employment physical form and the Department of Transportation
medical physical form. Laboratory results are reviewed. A vision screen and urine
dipstick is conducted at no additional charge. The DOT card is issued.
c. Firefighter Physical: A comprehensive medical history review and physical
evaluation is - conducted in accordance with the recommendations of NFPA 1582. (A
Respirator Medical Clearance Evaluation and Fitness Plan per NFPA 1582 Guidelines, is
included as part of the physical evaluation.) This physical shall be conducted in a manner
that permits the physician to review the findings of all components (labs, tests ... etc) of the
physical and review those findings and any recommendations with the firefighter
candidate / employee.
d. Respirator Medical Clearance Evaluation: A respiratory health questionnaire and
medical history is reviewed by a physician, nurse practitioner or physician's assistant per
the OSHA Standard - CFR 1910.134. The physical examination with interpretation of
spirometry and ancillary tests will assess the ability to wear a respirator. A written
medical recommendation shall be provided per the OSHA Standard - CFR 1910.134. A
vision exam will be included at no charge. Spirometry testing is included. Ancillary tests
at the published fee schedule can augment this physical assessment.
e. SCUBA Diving Medical Examination and Certification: A medical history is
reviewed and a physical examination with required ancillary testing is conducted to
determine issuance of a diving certification.
f. CDL Physical (DOT): The Department of Transportation Medical Examination
Report for commercial driver fitness determination is conducted in accordance with DOT
regulations and requirements. A Medical Examiners Certificate (DOT Card) will be issued
after successful completion of this physical.
g. Fitness for Duty Examination: The selected vendor shall perform any fitness for duty
examinations requested by the County Occupational Health Nurse or County Human
Resources Department. The fitness for duty examination content shall be determined by
the physician based on the job classification requirements. A complete medical report
shall be forwarded to the County Occupational Health Nurse within one (1) working day
of the completion of the examination.
h. Asbestos Medical Examinations and Consultations: The Consultant shall provide
medical examinations and consultations following the requirements of the Asbestos
Standard CFR 1926.1101. This examination shall include a Respirator Medical Clearance
Evaluation.
i. Laboratory Work: The following tests shall be performed for an all- inclusive fee:
1) Comprehensive Metabolic Panel with Lipids
2) Complete Blood Count (CBC) w /Platelet, Auto Differential
3) Urinalysis Chemistry
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• Creatinine
• BUN
• TSH Levels Test
• C- Reactive Protein
• Heavy Metals Test - Blood (Lead, Aluminum, Antimony, Bismuth, Cadmium,
Chromium, Cooper, Nickel, Zinc)
• HbA1c
• RBC Cholinesterase
• Polychlorinated Biphenyls
• Blood Alcohol Test
• Breath Alcohol Test - (Administered by a Breath Alcohol Technician meeting
DOT Qualifications Only)
• Arsenic - Urine
• Mercury - Urine
• PPD Testing w/ Reading (Induration measurement)
• Chest x -ray (2 -view)
• Chest x -ray (4 -view)
• Chest CT w /contrast
• Chest CT without contrast
• Audiometric Screening Test (pure tone air only) with interpretation
(Audiogram) per OSHA's Occupational Noise Exposure Standard - CFR 1910.95.
• Pulmonary Function Test (with interpretation)
• Drug Screen w /MRO - DOT 5 Panel (Collected per DOT Urine Specimen
Collection Guidelines - 49 CFR Part 40)
• Drug Screen w/ MRO - HRS 5 Panel
• Drug Screen w/ MRO - HRS 10 Panel
• Hepatitis Panel Test
• Measles, Mumps, Rubella Vaccination (MMR)
• MMR Titer
• Mumps Vaccination
• Mumps Titer
• Measles Vaccination
• Measles Titer
• Varicella Vaccination (Price per injection)
• Varicella Titer
• Hepatitis A Vaccination Series (Price per injection)
• Hepatitis B Vaccination Series (Price per injection)
• Hepatitis Titer (if previously immunized)
• HIV 1 & 2 Antibody Test
• Pre - exposure Rabies Vaccination Series (Price per injection)
• Rabies Titer (if previously immunized)
•
Tetanus/ diphtheria Vaccination
• Tdap Vaccination
• EKG -12 Lead (with interpretation and physician confirmation)
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(Part A) and Employment Physicals and Drug Testing (Part B)"
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Cardiac Stress Test (with interpretation and physician confirmation)
Echocardiogram (with interpretation and physician confirmation)
j. Medical Services Not Listed: Medical services (labs, tests, immunizations, etc) not
listed in this document shall be permitted upon review and authorization by the County
Occupational Health Nurse. Pricing for such services shall not exceed the usual and
customary rate as listed by the County's health claim administration provider for zip code
34112.
k. Pre - employment Physical Examinations: Pre - employment examinations will usually
be scheduled on short notice. Appointments may be requested for the same day or the
following business day.
The medical examination and review of the collected medical and occupational history
must be performed by a licensed physician, nurse practitioner or physicians assistant,
preferably experienced in occupational health. Routine measurements, laboratory
specimens and x -rays may be taken by paramedical personnel.
Written confirmation of the examination results must be provided to the County
Occupational Health Nurse, or designated person, within twenty -four (24) hours. This
confirmation must identify any concerns and/ or accommodation recommendations.
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Exhibit B
COST
(following this page)
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Contract# 15 -6974 "Medical Director for Collier County
(Part A) and Employment Physicals and Thug Testing (Part 13)" '
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Item Number
1
2
3
4
5
6
7
8
9
10
11
12
13
14
is
16
17
1B
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
so
51
FN
W
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EXHIBIT B - COST
15 -5474 Medical Director for Collier county and Employment Physicals & Drug Testing (Part A and Part B)
Part 6: Item Description
Cdza
Unit of Measure
Price
Pre - Placement Employment Physical
i
ea
$85.00
Pre - Placement Physical W /CDL Physical
1
ea
$ 110,00
Firefighter Physical
1
ea
S 100.00
Respirator Medical Clearance Evaluation
1
ea
$ 120.00
SCUBA Diving Medical Examination and Certification
1
ea
$ 85.00
COL Physical (DOT)
1
es
$ 105.00
Fitness for Duty Examination
1
ea
$ 200.00
Asbestos Medical Examinations and Consultations
1
ea
$ 120.00
Laboratory Work
1
as
$ 37.D0
Creatinine
1
ea
$ 1.50
BUN
1
ea
$ 1.50
TSH Levels Test
1
ea
$ 9.D0
C- Reactive Protein
1
ea
$ 9.00
Heavy Metals Test - Blood (Lead, Aluminum, Antimony, Bismuth, Cadmium,
Chromium, Cooper, Nickel, Zinc)
1
ea
$ 310.00
HbAlc
1
ea
$ 10.00
RBC Chollnesterase
1
as
$ 30.00
Polychlorinated Bi hen
1
ea
$ 113.00
Blood Alcohol Test
1
ea
$ 18.00
Breath Alcohol Test - (Administered by a Breath Alcohol Technician meeting
DOT Qualifications Only)
1
as
$ 25.00
Arsenic - Urine
1
ea
$ 20.00
Mercury - Urine
1
as
$ 42.00
PPD Testing w /Readin (induration measurement)
1
ea
$ 10.00
Chest x-ray (2 -view)
1
ea
5 60.00
Chest x-ray (4 -view )
ea
S 70.00
Chest CT w contrast
1
as
$ 350.00
Chest CT without contrast
1
ea
$ 290.00
Audiometric Screening Test (pure tone air only) with interpretation
(Audio ram erOSHA!$Occu ational Noise Exposure Standard - CFA
1
ea
$ 10.00
Pulmonary Function Test with Interpretation)
1
ea
$ 40.00
Drug Screen w /MRO - DOT 5 Panel (Collected per DOT Urine Specimen
Collection Guidelines -49CFR Part 40 )
ea
$ 36.00
Drug Screen w /MRO - HRS 5 Panel
1
ea
S 36.00
Drug Screen w /MRO -HRS 10 Panel
1
ea
$ 46.00
Hepatitis Panel Test
1
ea
$ 80.00
Measles, Mumos, Rubella Vaccination (MMR)
1
ea
S 51.00
MMRTiter
1
ea
S 34.00
Mums Vaccination
1
ea
$ 26.50
Mumps Titer
1
ea
$ 12.50
Measles Vaccination
1
ea
S 26.50
Measles Titer
1
ea
$ 15.00
Varicella Vaccination (Price per in'ection)
1
es
$ 104.00
Varicella Titer
1
ea
$ 20,00
Hepatitis A Vaccination Series Price per Injection)
1
ea
$ 7D.00
Hepatitis B Vaccination Series Price per Inon
1
ea
$ 50.00
Hepatitis Titer if previously immunized)
1
ea
$ 16.00
HIV 1 & 2 Antibody Test
1
ea
5 20.00
Pre-exposure Rabies Vaccination Series (Price per injection)
]
ea
$ 300.00
Rabies Titer (if previously immunized)
1
ea
$ 25.00
Tetanus /diphtheria Vaccination
i
ea
$ 30.00
Tdap Vaccination
i
ea
5 40.00
EKG -12 Lead with interpretation and physician confirmation)
1
ea
$ 40.00
Cardiac Stress Test with Interpretation and physician confirmation)
1
ea
$150.00
Echocardiogram (with interpretation and physician confirmation )
ea
$ 165.00
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Exhibit D
Business Associate Agreement
(following this page)
Page 16 of 16
Contract4f 156474 "Medical Director for Collier County
(Part A) and Employment Physicals and Drug Testing (Part B)" 'Q
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HIPAA BUSINESS ASSOCIATE AGREEMENT
THIS HIPAA BUSINESS ASSOCIATE AGREEMENT ( "Agreement ") is made by and between
Collier County, Florida (hereinafter referred to as "Client ") and Advance Medical of Naples, LLC
(hereinafter referred to as "AMN "). This Agreement is effective as of the date signed by Client.
RECITALS
WHEREAS, Client is a "covered entity" within the meaning of 45 CFR § 160.103;
WHEREAS, AMN provides accounting, consulting, or other services to Client and, in
connection therewith, Client wishes to disclose "protected health information" within the
meaning of 45 CFR § 160.103 to AMN and AMN wishes to receive protected health information
and, on behalf of Client, create, maintain, or transmit protected health information
(collectively, "Client's PHI ");
WHEREAS, AMN is a "business associate" within the meaning of 45 CFR § 160.103;
WHEREAS, Client and AMN intend to protect the privacy and provide for the security of
Client's PHI in compliance with the Health Insurance Portability and Accountability Act of 1996,
the Health Information Technology for Economic and Clinical Health Act of 2009, and the
regulations and policy guidance thereunder ( "HIPAA Rules ");
WHEREAS, the HIPAA Rules require that Client receive adequate assurances that AMN
will comply with certain obligations with respect to Client's PHI and, accordingly, the parties
hereto desire to enter into this Agreement for the purpose of setting forth in writing the terms
and conditions for the use, disclosure, and safeguarding of Client's PHI, including provisions
required by the HIPAA Rules as the same may be amended from time to time;
NOW, THEREFORE, in consideration of the foregoing recitals and mutual covenants
herein contained and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties agree as follows:
TERMS OF AGREEMENT
1. Obligations and Activities of AMN.
a. Permitted and Required Uses and Disclosures. AMN shall not use or
disclose Client's PHI except as permitted or required by this Agreement or as required
by law. Specifically, AMN agrees as follows:
L AMN may only use or disclose Client's PHI as necessary to
perform the services set forth in the service agreement, if any, between Client
and AMN, to perform functions, activities, or services for, or on behalf of, Client
as requested by Client from time to time, or as required by law.
Pagel of 8
EXI -1101T D - Contract# 156474 "Medical Director for Collier County
(Part A) and Employment Physicals and Drug Testing (Part 3)"
. CA
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ii. AMN shall use or disclose only the "Minimum Necessary" amount
of information, as such term is defined in the HIPAA Rules, required to conduct
the authorized activities herein, except that AMN will limit disclosures to a
limited data set as set forth in 45 CFR § 164.514(e)(2) as required by the HIPAA
Rules.
iii. AMN may not use or disclose Client's PHI in a manner that would
violate Subpart E of 45 CFR Part 164 if done by Client, except that AMN may use
or disclose Client's PHI for the proper management and administration of AMN
or to carry out the legal responsibilities of AMN, provided the use or disclosures
are required by law or AMN obtains reasonable assurances from the person to
whom the information is disclosed that Client's PHI will remain confidential and
used or further disclosed only as required by law or for the purposes for which it
was disclosed to the person, and the person notifies AMN of any instances of
which it is aware in which the confidentiality of Client's PHI has been breached.
iv. AMN may use Client's PHI to provide "data aggregation services"
relating to the health care operations of Client within the meaning of 45 CFR §
164.501.
. V. AMN shall not disclose Client's PHI in a manner that would violate
any restriction thereof which has been duly communicated to AMN.
Vi. Except as permitted by the HIPAA Rules, AMN shall not directly or
indirectly receive remuneration in exchange for any of Client's PHI unless
authorized in writing by Client.
b. Safeguards. AMN shall use appropriate safeguards, and comply with
Subpart C of 45 CFR Part 164 with respect to electronic protected health information, to
prevent use or disclosure of Client's PHI other than as provided in this Agreement. '
i. Administrative Safeguards. AMN shall implement all required
administrative safeguards pursuant to 45 CFR § 164.308 as such are made
applicable to business associates pursuant to the HIPAA Rules. Additionally, AMN
shall either implement or properly document the reasons for non -
implementation of all administrative safeguards of 45 CFR § 164.308 that are
designated as "addressable" as such are made applicable to business associates
pursuant to the HIPAA Rules.
ii. Physical Safeguards. AMN shall implement all required physical
safeguards pursuant to 45 CFR § 164.310 as such are made applicable to
business associates pursuant to the HIPAA Rules. Additionally, AMN shall either
implement or properly document the reasons for non - implementation of all
Page 2 of 8
EXHIBrr D - Contract# 156474 "Medical Director for Collier County
(Part A) and Employment Physicals and Drug Testing (Part B)"
(a
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physical safeguards of 45 CFR § 164.310 that are designated as "addressable" as
such are made applicable to business associates pursuant to the HIPAA Rules.
iii. Technical Safeguards. AMN shall implement all required technical
safeguards pursuant to 45 CFR § 164.312 as such are made applicable to
business associates pursuant to the HIPAA Rules. Additionally, AMN shall either
implement or properly document the reasons for non - implementation of all
technical safeguards of 45 CFR § 164.312 that are designated as "addressable" as
such are made applicable to business associates pursuant to the HIPAA Rules.
C. Reporting of Disclosures. AMN shall report to Client any use or disclosure
of Client's PHI not provided for by this Agreement of which AMN becomes aware,
including any acquisition, access, use or disclosure (i.e., "breach ") of "unsecured
protected health information," within the meaning of 45 CFR § 164.403, and any
security incident of which AMN becomes aware. AMN shall make such report to Client
without unreasonable delay and in no case later than sixty (60) calendar days following
discovery of the breach. AMN's notice to Client shall include all information needed by
Client to provide notice to affected individuals and otherwise satisfy the requirements
of 45 CFR § 164.410.
d. AMN's Subcontractors. AMN may disclose Client's PHI to one or more
subcontractors and may allow its subcontractors to create, receive, maintain, or
transmit Client's PHI on behalf of AMN. AMN shall obtain satisfactory assurances from
any such subcontractor that it will appropriately safeguard Client's PHI in accordance
with 45 CFR § 164.314(a) and shall ensure that the subcontractor agrees in writing to
the same or more stringent restrictions, conditions, and requirements that apply to
AMN with respect to Client's PHI. Upon AMN contracting with a subcontractor regarding
Client's PHI, AMN shall provide Client written notice of such executed agreement.
e. Satisfying Requests for Access. AMN shall make available to Client Client's
PHI in a "designated record set," within the meaning of 45 CFR § 164.501, as Client may
require to satisfy its obligations to respond to a request for access pursuant to 45 CFR §
164.524. If AMN receives a request for access directly from an individual or an
individual's designee, AMN shall forward such request within five (5) calendar days to
Client for Client to fulfill.
f. Satisfying Requests for Amendment. AMN shall make any amendments to
Client's PHI in a designated record set, as Client may require to satisfy its obligations to
respond to a request for amendment pursuant to 45 CFR § 164.526. If AMN receives a
request for amendment directly from an individual or an individual's designee, AMN
shall forward such request within ten (10) calendar days to Client for Client to fulfill.
g. Internal Practices. AMN shall make its internal, practices, books and
records relating to the use and disclosure of Client's PHI available to the Secretary of the
Page 3 of 8
EXHIBIT D - Contract# 15-6474 "Medical Director for Collier County
(Part A) and Employment Physicals and Drug Testing (Part B)"
C'A
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United States Department of Health and Human Services or his or her designee for
purposes of determining compliance with the HIPAA Rules.
h. Accounting. AMN shall document disclosures of Client's PHI and
information related to such disclosures and otherwise maintain and make available the
information required to provide an accounting of disclosures to the Client as necessary
to permit the Client to respond.to a request for an accounting pursuant to 45 CFR §
164.528. If AMN receives a request for an accounting directly from an individual or an
individual's designee, AMN shall forward such request within ten (10) calendar days to
Client for Client to fulfill.
L Policies and Procedures: Documentation. AMN shall develop appropriate
policies and procedures relating to its compliance with the administrative, physical, and
technical safeguards set forth in Section 1.b. and shall document, retain, and update
such policies and procedures as required by 45 CFR § 164.316.
j. Compliance as if Covered Entity. To the extent AMN is to carry out one or
more of the obligations imposed on the Client as a "covered entity" under Subpart E of
45 CFR Part 164, AMN shall comply with the requirements of said Subpart E that apply
to the Client in the performance of such obligations.
2. Client Obligations. Client shall provide notice to AMN of any of the following:
a. Any limitations in the notice of privacy practices of Client under 45 CFR §
164.520, as well as any changes to such limitations, to the extent that such limitation
may affect AMN's use or disclosure of Client's PHI.
b. Any changes in, or revocation of, the permission by an individual to use
or disclose his or her protected health information, to the extent that such changes may
affect AMN's use or disclosure of Client's PHI.
C. Any restriction on the use or disclosure of protected health information
that Client has agreed to or is required to abide by under 45 CFR § 164.522, to the
extent that such restriction may affect AMN's use or disclosure of Client's PHI.
d. Client shall not request AMN to use or disclose Client's PHI in any manner
that would not be permissible under the HIPAA Rules if done by Client, except that
Client may request AMN to provide to Client "data aggregation services" relating to the
health care operations of the Client within the meaning of 45 CFR § 164.501, as
permitted by 45 CFR § 164.504(e)(2)(i)(B).
3. Termination of Agreement. Termination shall be in accordance with terms and
conditions asset forth in Section 11, Agreement #15 -6474.
Page 4 of 8
EXHIBIT D - Contract# 15-6474 "Medical Director for Collier County
(Part A) and Employment Physicals and Drug Testing (Part 5)"
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4. Treatment of Client's PHI after Termination. Upon termination of this
Agreement for any reason, AM N, with respect to Client's PHI, shall:
a. Retain only that portion of Client's PHI which is necessary for AMN to
continue its proper management and administration or to carry out its legal
responsibilities;
b. Return to Client or, if agreed to by Client, destroy remaining Client's PHI
that AMN still maintains in any form and retain no copies of such Client's PHI;
C. Continue to use appropriate safeguards and comply with Subpart C of 45
CFR Part 164 with respect to electronic protected health information to prevent use or
disclosure of Client's PHI, other than as provided for in this Section, for as long as AMN
retains any Client's PHI;
d. Not use or disclose Client's PHI retained by AMN other than for the
purposes for which Client's PHI was retained and subject to the same conditions, as set
forth in Section 2, which applied prior to termination;
e. Return to Client or, if agreed to by Client, destroy remaining Client's PHI
retained by AMN when it is no longer needed by AMN for its proper management and
administration or to carry out its legal responsibilities and retain no copies of such
Client's PHI;
f. Obtain or ensure the destruction of any Client's PHI created, received, or
maintained by any of AMN's subcontractors; and
g. Within thirty (30) calendar days after termination or expiration of this
Agreement, certify in a written statement signed by a senior officer of AMN, that all
Client's PHI has been returned or disposed of as required above. If the parties mutually
agree that return or destruction is not feasible, this Agreement shall continue to apply
to Client's PHI and, without limitation to the foregoing, the obligations of AMN under
this Agreement shall survive the termination of this Agreement with respect to any
Client's PHI retained by AMN. AMN shall limit further use and disclosure of Client's PHI
to those purposes that make the return or destruction of Client's PHI infeasible.
S. Amendment to Comply with Law. The parties acknowledge that state and
federal laws relating to electronic data security and privacy are rapidly evolving and that
amendment of this Agreement may be required to provide for procedures to ensure
compliance with such developments. The parties agree to promptly enter into
negotiations concerning the terms of an amendment to this Agreement embodying
written assurances consistent with the HIPAA Rules or other applicable law upon the
written request of either party.
Page 5 of 8
EXHIBIT D - Contract# 15 -6474 "Medical Director for Collier County
(Part A) and Employment Physicals and Drug Testing (Part B)"
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6. No Third Party Beneficiaries. Nothing expressed or implied in this Agreement is
intended to confer, nor shall anything herein confer, upon any person other than Client,
AMN, and their respective successors or assigns, any rights, remedies, obligations, or
liabilities whatsoever.
7. Indemnification. This section shall be in accordance with terms and conditions as
set forth in Section 14, Agreement #15 -6474.
8. Interpretation. This Agreement shall be interpreted in a reasonable manner as
necessary to implement and comply with the HIPAA Rules. The parties agree that any
ambiguity in this Agreement shall be resolved in favor of a meaning that complies and is
consistent with the HIPAA Rules. There shall be no presumption for or against either
party, by reason of one of the parties causing this Agreement to be drafted, with respect
to the interpretation or enforcement of this Agreement.
9. Notices. All notices and other communications required or permitted hereunder
or necessary or convenient in connection herewith shall be in writing and shall be
deemed to have been given when hand delivered or mailed by registered or certified
mail, as follows (provided that notice of change of address shall be deemed given only
when received):
If to Client, to: Collier County Government Center
3311 Tamiami Trail E.
Naples, Florida 34112
Attn: Jeff Walker, Risk Management Director
Telephone no: 239 - 252 -8461
Facsimile no: 239- 252 -8048
If to AMN, to: Advance Medical of Naples, LLC
720 Goodlette -Frank Road N, Suite 500
Naples, Florida 34102
Attention: Patricia Jackson
Telephone no: 239 -566 -7676
Facsimile no: 239 - 254 -3105
or to such other names or addresses as Client or AMN, as the case may be, shall
designate by notice to the other in the manner specified in this Section 9.
10. Survival. The obligations contained in this Agreement which by their nature or
context survive or are expressly intended to survive the expiration. or termination of this
Agreement will so survive and continue in full force and effect. Without limiting the
Page 6 of 8
EXHIBIT D - Contract# 15 -6474 "Medical Director for Collier County
(Part A) and Employment Physicals and Drug Testing (Part Br
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generality of the foregoing, Sections 2, 4, and 7 shall survive the termination of this
Agreement.
11. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions
of this Agreement shall remain in full force, if the essential terms and conditions of this
Agreement for each party remain valid, binding, and enforceable.
12. Entire Agreement. This Agreement constitutes the entire agreement between
the parties on the matters contained herein.
13. Non- Waiver. No failure or delay in exercising any right or remedy under this
Agreement and no course of dealing between the parties operates as a waiver or
estoppel of any right, remedy, or condition. A waiver made in writing on one occasion is
effective only in that instance and only for the purpose that it is given and is not to be
construed as a waiver on any future occasion.
(signature page to follow)
Page 7 of 8
EXHIBIT D - Contract# 15 -6474 "Medical Director for Collier County
(Part A) and Employment Physicals and Drug Testing (Part Br
OR
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed as of the
date first set forth above.
First Witness
By:
Print Name
Second Witness
By:
Print Name
Approved as to Form and Legality:
Assistant County Attorney
COVERED ENTITY:
BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA
By:
Jeff Walker, Director of Risk Management
BUSINESS ASSOCIATE:
Advance Medical of Naples, LLC
By:
Patricia Jackson
Page 8 of 8
EXHIBrr D - Contract* 15 -6474 "Medical Director for Collier County
(Part A) and Employment Physicals and Drug Testing (Part By'-`•
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C�ct�r C.::vunty
AdmnstraM SerAms4 Depailn3L'nt
Pmwrement Semms Drvisio€1
INVITATION TO BID
Date: June 23, 2015
From: Jason Crouch, Procurement Strategist
(239) 252 -8949 (Telephone)
(239) 252 -6594 (FAX)
jasoncrouch @colliergov.net (Email)
To: Prospective Vendors
Subject: Solicitation: ITB 15 -6474 Medical Director for Collier County and
Employment Physicals and Drug Testing
As requested by Risk Management, the Collier County Board of County Commissioners
Purchasing Department has issued this ITB for the purpose of obtaining fair and
competitive responses.
Please refer to the Public Notice included in this document for the opening date and
time and any applicable pre -ITB conference.
All questions regarding this ITB must be submitted online on the Collier County
Purchasing Department Online Bidding System website: www.colliergov.net/bid. All
responses to questions will be posted on the website with electronic notification to all
prospective vendors.
We look forward to your participation in Collier County's competitive procurement
process.
cc: Gary Troy; Linda Best
Note: All ITB responses submitted must include one (1) original labeled MASTER,
along with one 1 exact duplicate copies, including all required forms.
F1=9ffrer6 moesGims rt-3321 Tarmami Trail Eas! - Maotes. Florida 34112AK0 •23Q.252-840?, wwn,, cohL -rgov- net'orocurementsen+ces
#15 -6474
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Invitation to Bid
Index
PublicNotice .................................................................................................... ............................... 3
Exhibit I: Scope of Work, Specifications and Response Format ................... ............................... 4
Exhibit III: Standard Purchase Order Terms and Conditions ....................... ............................... 16
Exhibit IV: Additional ITB Terms and Conditions ...................................... ............................... 19
Attachment l: Vendor Submittal - Vendor's Non - Response Statement ...... ............................... 27
Attachment 2: Vendor's Check List ............................................................. ............................... 28
Attachment 3: Vendor Submittal - Bid Response Form ............................... ............................... 29
Attachment 4: Vendor Submittal — Local Vendor Preference Affidavit ....... ............................... 31
Attachment 5: Vendor Submittal — Immigration Affidavit ............................ ............................... 32
Attachment 6: Vendor Substitute W - 9 ........................................................ ............................... 33
Attachment 7: Vendor Submittal - Insurance and Bonding Requirements ... ............................... 34
#15 -6474 2
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Co:t�er Gcrr�.nty
Administrative services Department
Procurement Services Dvision
Public Notice
Sealed bid responses for Solicitation 15 -6474 Medical Director for Collier County and
Employment Physicals and Drug Testing, will be received electronically or manually at the
Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112
until 3 PM, Collier County local time on July 2, 2015. Solicitation responses received after the
stated time and date will not be accepted.
Solicitation 15 -6474 Medical Director for Collier County and Employment Physicals &
Drug Testing
All questions regarding this ITB must be submitted online on the Collier County Purchasing
Department Online Bidding System website: www.colliergov.net/bid. All responses to questions
will be posted on the website with electronic notification to all prospective vendors.
All solicitation responses must be made on the official ITB response form included and only
available for download from the Collier County Purchasing Department Online Bidding System
website noted herein. ITB Documents obtained from sources other than Collier County
Purchasing may not be accurate or current.
Collier County encourages vendors to utilize recycled paper on all manual bid response
submittals.
Collier County does not discriminate based on age, race, color, sex, religion, national origin,
disability or marital status.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: /s/ Joanne Markiewicz
Director, Procurement Services Division
Publicly posted on the Collier County Purchasing Department website:
www.collieMov.net /purchasing and in the lobby of the Purchasing Building on June 23, 2015.
#15 -6474
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Exhibit I: Scope of Work, Specifications and Response Format
As requested by the Collier County Risk Management Division (hereinafter, the "Division or
Department "), the Collier County Board of County Commissioners Procurement Services Division
(hereinafter, "County ") has issued this Invitation to Bid (hereinafter, "ITB ") with the intent of obtaining
bids from interested and qualified firms in accordance with the terms, conditions and specifications
stated or attached. The Vendor, at a minimum, must achieve the requirements of the Scope of Work
and specifications stated.
The results of this solicitation may be used by other County departments once awarded according to
the Board of County Commissioners Purchasing Policy.
Brief Description of Purchase
The County is interested in receiving quotes from qualified vendors to provide Medical Director
Services and pre - employment and periodic physicals for County employees. The County
shall award a contract for both services to one vendor who provides the overall lowest, qualified
and responsive bid for services identified in Part A and Part B of this solicitation, as described in
the Detailed Scope of Work section below.
Background
The Bidder shall provide occupational medical services on an "as- needed" basis as may be
required by the Collier County Manager's Agency and its participating agencies, located in Naples,
Florida. This program will be available to all Regular, Temporary and Seasonal Employees of the
County Manager's Agency of Collier County and its participating agencies, which currently include,
but are not limited to: County Attorney, Airport Authority, and Pelican Bay Services. This contract
does not include the Collier County Sheriff's Staff and employees nor the Collier County Clerk of
the Court's staff as they have separate contracts.
The location of the facility proposed to provide the occupational medical services will be one of the
factors considered during the evaluation process. The County prefers the medical facility to be
located within ten (10) miles from the Collier County Government Center, 3301 E. Tamiami Trail,
Naples, Florida, with satellite facilities to be provided in areas within Lee or Collier County.
The Bidder must provide all services listed in this Scope of Services. The County does not
guarantee a specific quantity of work.
Detailed Scope of Work
Part A: The Consultant shall provide Medical Director Services for the Collier County
Occupational Health Program as may be required by the Collier County Manager's Agency and its
participating agencies, located in Naples, Florida These programs are be available to all Regular,
Temporary and Seasonal Employees of the County Manager's Agency of Collier County and its
participating agencies, which currently include, but are not limited to: County Attorney, Airport
Authority, and Pelican Bay Services. This contract does not include the Collier County Sheriff's
Staff and employees nor the Collier County Clerk of the Court's staff as they have separate
contracts. The County has a total of approximately one thousand nine hundred and forty (1,940)
employees.
#15 -6474
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The Consultant shall ensure that the physician providing services is a licensed doctor of medicine
or osteopathy who has completed residency training in an accredited medical training program
and /or is American Boards of Medical Specialties (ABMS) or American Osteopathic Association
(AOA) certified. The physician shall be knowledgeable and /or have a background that includes,
but is not limited to; Occupational Medicine, OSHA Standards, NFPA 1582 and 1583 Standards,
Florida Workers' Compensation Statutes, DOT Agencies - FAA/FTA/FMCA and USCG drug and
alcohol testing regulations. In the event that the physician awarded to provide listed services is
unavailable, an on call physician of similar qualifications shall be designated to provide such
services.
The Consultant must provide all services listed in this Scope of Services. The County does not
guarantee a specific quantity of work. Services provided in respect to this solicitation and resulting
contract shall be billed monthly, unless otherwise directed by Department staff.
Services to be provided include, but are not limited to the following:
1. Review, recommend & approve standing medical orders & protocols.
2. Provide a written recommendation for an employee or prospective job candidate's ability to
wear a respirator based on OSHA's Respiratory Protection Standard - CFR1910.134.
3. Provide services per OSHA's Occupational Noise Exposure Standard - CFR 1910.95.
4. Consult and recommend pre - placement evaluation criteria & findings.
5. Consult on work related injuries & illnesses.
6. Consult on "fitness for duty" evaluations.
7. Medical Review Officer (MRO): review and consultation of drug related tests.
Reports and Records: All medical reports shall be the sole property of Collier County and may not
be used or reproduced in any form without the explicit written permission of the County. The
Consultant shall maintain complete records on each individual examined /treated. Such records
shall remain confidential in compliance with all HIPPA regulations and will be made available only
to the County's representative and /or the individual.
No information, record, report or data derived, compiled, obtained, prepared or developed by the
Consultant from work performed pursuant to the contract may be released, disseminated or
disclosed without written consent of the County.
All medical reports and records shall be formally transferred to the County by the Consultant within
five (5) working days after the receipt of a contract termination notice.
Part B: A comprehensive pre - employment physical and drug testing program to benefit Collier
County and reduce liability to the County. This program will ensure the proper placement of
employees based upon physical capabilities related to essential functions of County positions.
Also included will be reassessment of appropriate County employees on a designated basis. This
program will ensure the health of County employees and potential County employees.
The Consultant shall ensure that the physician providing and /or overseeing services is a licensed
doctor of medicine or osteopathy who has completed residency training in an accredited medical
training program and /or is American Boards of Medical Specialties (ABMS) or American
Osteopathic Association (AOA) certified. The physician shall be knowledgeable and /or have a
background that includes, but is not limited to; Occupational Medicine, OSHA Standards, NFPA
1582 and 1583 Standards, Florida Workers' Compensation Statutes, DOT Agencies -
FAA/FTA/FMCA and USCG drug and alcohol testing regulations
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Specific requirements include:
1. The Occupational Medical Services Program will be designed to provide the medical services
listed. The awarded Consultant shall provide weekend and extended hours of operation and shall
be staffed with appropriately trained and qualified medical personnel.
2. Clinical Activities: The following are the activities that shall be required of the successful
Bidder. This list includes the core function and major emphasis of clinical activities to be
performed. Lab results, medical findings and recommendations shall be reviewed with the
examinee.
a. Pre - Placement Employment Physical: A basic occupational and medical history is reviewed
with an occupational physical exam. (A Respirator Medical Clearance Evaluation may also be
required based on job classification.) The medical determination of ability to work is assessed
based on the job classification specifications. A vision exam (near & far acuity, color, depth
perception) will be conducted with this physical at no charge. Ancillary tests to determine medical
clearance (i.e., drug testing, blood alcohol, CBC, lipid panel) are reimbursed per fee schedule.
b. Pre - Placement Physical W /CDL Physical: The candidate's medical history is reviewed. (A
Respirator Medical Clearance Evaluation may also be required based on job classification.) The
medical examiner, conducts a physical that evaluates the candidate's medical condition for
employment and CDL medical certification. The physician completes the pre - employment physical
form and the Department of Transportation medical physical form. Laboratory results are
reviewed. A vision screen and urine dipstick is conducted at no additional charge. The DOT card
is issued.
c. Firefighter Physical: A comprehensive medical history review and physical evaluation is
conducted in accordance with the recommendations of NFPA 1582. (A Respirator Medical
Clearance Evaluation and Fitness Plan per NFPA 1582 Guidelines, is included as part of the
physical evaluation.) This physical shall be conducted in a manner that permits the physician to
review the findings of all components (labs, tests... etc) of the physical and review those findings
and any recommendations with the firefighter candidate / employee.
d. Respirator Medical Clearance Evaluation: A respiratory health questionnaire and medical
history is reviewed by a physician, nurse practitioner or physician's assistant per the OSHA
Standard — CFR 1910.134. The physical examination with interpretation of spirometry and
ancillary tests will assess the ability to wear a respirator. A written medical recommendation shall
be provided per the OSHA Standard - CFR 1910.134. A vision exam will be included at no charge.
Spirometry testing is included. Ancillary tests at the published fee schedule can augment this
physical assessment.
e. SCUBA Diving Medical Examination and Certification: A medical history is reviewed and a
physical examination with required ancillary testing is conducted to determine issuance of a diving
certification.
f. CDL Physical (DOT): The Department of Transportation Medical Examination Report for
commercial driver fitness determination is conducted in accordance with DOT regulations and
requirements. A Medical Examiners Certificate (DOT Card) will be issued after successful
completion of this physical.
g. Fitness for Duty Examination: The selected vendor shall perform any fitness for duty
examinations requested by the County Occupational Health Nurse or County Human Resources
Department. The fitness for duty examination content shall be determined by the physician based
on the job classification requirements. A complete medical report shall be forwarded to the County
Occupational Health Nurse within one (1) working day of the completion of the examination.
h. Asbestos Medical Examinations and Consultations: The selected vendor shall provide
medical examinations and consultations following the requirements of the Asbestos Standard CFR
1926.1101. This examination shall include a Respirator Medical Clearance Evaluation.
i. Laboratory Work: The following tests shall be performed for an all- inclusive fee:
1) Comprehensive Metabolic Panel with Lipids
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2) Complete Blood Count (CBC) w /Platelet, Auto Differential
3) Urinalysis Chemistry
• Creatinine
• BUN
• TSH Levels Test
• C- Reactive Protein
• Heavy Metals Test — Blood (Lead, Aluminum, Antimony, Bismuth, Cadmium,
Chromium, Cooper, Nickel, Zinc)
• HbA1c
• RBC Cholinesterase
• Polychlorinated Biphenyls
• Blood Alcohol Test
• Breath Alcohol Test — (Administered by a Breath Alcohol Technician meeting DOT
Qualifications Only)
• Arsenic - Urine
• Mercury - Urine
• PPD Testing w /Reading (Induration measurement)
• Chest x -ray (2 -view)
• Chest x -ray (4 -view)
• Chest CT w /contrast
• Chest CT without contrast
• Audiometric Screening Test (pure tone air only) with interpretation (Audiogram) per
OSHA's Occupational Noise Exposure Standard - CFR 1910.95.
• Pulmonary Function Test (with interpretation)
• Drug Screen w /MRO — DOT 5 Panel (Collected per DOT Urine Specimen Collection
Guidelines — 49 CFR Part 40)
• Drug Screen w /MRO — HRS 5 Panel
• Drug Screen w /MRO — HRS 10 Panel
• Hepatitis Panel Test
• Measles, Mumps, Rubella Vaccination (MMR)
• MMR Titer
• Mumps Vaccination
• Mumps Titer
• Measles Vaccination
• Measles Titer
• Varicella Vaccination (Price per injection)
• Varicella Titer
• Hepatitis A Vaccination Series (Price per injection)
• Hepatitis B Vaccination Series (Price per injection)
• Hepatitis Titer (if previously immunized)
• HIV 1 & 2 Antibody Test
• Pre - exposure Rabies Vaccination Series (Price per injection)
• Rabies Titer (if previously immunized)
• Tetanus /diphtheria Vaccination
• Tdap Vaccination
• EKG - 12 Lead (with interpretation and physician confirmation)
• Cardiac Stress Test (with interpretation and physician confirmation)
• Echocardiogram (with interpretation and physician confirmation)
j. Medical Services Not Listed: Medical services (labs, tests, immunizations, etc) not listed in
this document shall be permitted upon review and authorization by the County Occupational
Health Nurse. Pricing for such services shall not exceed the usual and customary rate as listed by
the County's health claim administration provider for zip code 34112.
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k. Pre - employment Physical Examinations: Pre - employment examinations will usually be
scheduled on short notice. Appointments may be requested for the same day or the following
business day.
The medical examination and review of the collected medical and occupational history must be
performed by a licensed physician, nurse practitioner or physician's assistant, preferably
experienced in occupational health. Routine measurements, laboratory specimens and x -rays
may be taken by paramedical personnel.
Written confirmation of the examination results must be provided to the County Occupational
Health Nurse, or designated person, within twenty -four (24) hours. This confirmation must identify
any concerns and /or accommodation recommendations.
I. Reports and Records: All medical reports shall be the sole property of Collier County and
may not be used or reproduced in any form without the explicit written permission of the County.
The successful Bidder shall maintain complete records on each individual examined /treated.
Such records shall remain confidential in compliance with all HIPPA regulations and will be made
available only to the County's representative and /or the individual.
No information, record, report or data derived, compiled, obtained, prepared or developed by the
selected Bidder from work performed pursuant to the contract may be released, disseminated or
disclosed without written consent of the County.
All medical reports and records shall be formally transferred to the County by the successful
Bidder within five (5) working days after the receipt of a contract termination notice.
Award Criteria
ITB award criteria is as follows:
• All questions on the Bid document shall be answered as to price(s), time requirements, and
required document submissions.
• Award shall be based upon the responses to all questions on the Bid Response Page(s).
• Further consideration may include but not be limited to, references, completeness of bid
response and past performances on other County bids /projects.
• Prices will be read in public exactly as input on the electronic bid response form or written on
the manually submitted Bid Response Page(s) at the time of the bid opening; however, should
an error in calculations occur whenever unit pricing and price extensions are requested, the
unit price shall prevail. Mathematical miscalculations may be corrected by the County to
reflect the proper response.
• The County's Purchasing Department reserves the right to clarify a vendor's proposal prior to
the award of the solicitation.
• It is the intent of Collier County to award to the lowest, qualified and responsive vendor(s) in
accordance with the following methodology:
The County shall award a contract for both services to one vendor who provides the
overall lowest, qualified and responsive bid for services identified in Part A and Part B
of this solicitation.
Collier County reserves the right to select one, or more than one suppliers, however, it is the
intent to select a primary awardee for Part A, and a primary awardee for Part B.
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• The County reserves the right to issue a formal contract or standard County Purchase
Order for the award of this solicitation.
Term of Contract
The contract term, if an award(s) is /are made is intended to be for one (1) year with three (3) one
(1) year renewal options.
Prices shall remain firm for the initial term of this contract. Requests for consideration of a price
adjustment must be made on the contract anniversary date, in writing, to the Procurement
Director. Price adjustments are dependent upon the consumer price index (CPI) over the past
twelve (12) months, budget availability and program manager approval.
Surcharges will not be accepted in conjunction with this contract, and such charges should be
incorporated into the pricing structure.
Projected Timetable
Event
Date
Issue Solicitation Notice
June 23, 2015
Last Date for Receipt of Written Questions
June 26, 2015 at
5 PM, Naples Local
Time
Solicitation Deadline Date and Time
July 2, 2015 at 3 PM,
Naples Local Time
Anticipated Evaluation of Submittals
Jul 2-July 3, 2015
Anticipated Board of County Commissioner's Contract
Approval Date
September 8, 2015
Vendor Required Documents
• Attachment 2: Vendor's Check List
• Attachment 3: Vendor Bid Response Form
• Attachment 4: Local Vendor Preference
• Attachment 5: Immigration Law Affidavit
• Attachment 6: Vendor Substitute W -9
• Attachment 7: Insurance and Bonding Requirement
• Additional Attachment: Respective medical license and related certification (s)
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Exhibit II: General Bid Instructions
1. Purpose /Objective
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As requested by the Collier County departments or divisions identified in Exhibit 1, the Collier
County Board of County Commissioners Purchasing Department (hereinafter, the County) has
issued this Invitation to Bid (hereinafter, the "ITB ", or "Bid ") with the sole purpose and intent of
obtaining bid responses from interested and qualified firms in accordance with the terms,
conditions, and specifications stated and /or attached herein /hereto. The successful vendor will
hereinafter be referred to as the "Vendor."
All bids must be submitted on the Bid form furnished by the County noted in Attachments
2, 3, 4, 5, 6, and 7 of this ITB. No bid will be considered unless the Bid form is properly
signed. Vendor is responsible to read and follow the instructions very carefully, as any
misinterpretation or failure to comply with these instructions could lead to the bid submitted as
being rejected as non - responsive.
2. Pricing
Vendors must provide unit prices using the unit of measured specified by the County. All prices
will remain firm for initial term of this contract. After award by the Board of County
Commissioners, prices may only be adjusted as outlined in Exhibit I: Term of Contract.
3. Alternate Bid Pricing
In the event that alternate pricing is requested, it is an expressed requirement of the bid to provide
pricing for all alternates as listed. The omission of a response or a no -bid or lack of a submitted
price will be the basis for the rejection of the submitted bid response. All bids responses received
without pricing for all alternates as listed will be considered technically non - responsive and will not
be considered for award.
4. Equal Product
Manufacturer's name, brand name and /or model number are used in these specifications for the
purpose of establishing minimum requirements of level of quality, standards of performance and /or
design required, and is in no way intended to prohibit the bidding of other manufacturer's items of
equal or similar material. An equal or similar product may be bid, provided that the product is
found to be equal or similar in quality, standard of performance, design, etc. to the item specified.
Where an equal or similar is bid, the Bid must be accompanied with two (2) complete sets of
factory information sheets (specifications, brochures, etc.) and test results, if applicable, of unit bid
as equal or similar.
Equal product samples, if required for evaluation, and at no cost to the County, must be submitted
with Bid. Unless otherwise directed in the solicitation, the bid will not be considered unless
samples are delivered to specified address by bid due date. The County shall be sole judge of
equality or similarity, and its decision shall be final in the best interest.
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5. Discounts
Any discounts or terms must be shown on the Bid form. Such discounts, if any, may be
considered in the award of tie bids. In no instance should payment terms less than fifteen (15)
calendar days be offered.
6. Exceptions
Vendors taking exception to any part or section of these specifications shall indicate such
exceptions on a separate sheet entitled "EXCEPTIONS TO SPECIFICATIONS." Failure to
indicate any exceptions to the specifications shall be interpreted as the Vendors intent to fully
comply with the specifications as written. The County, at its sole discretion, shall determine if the
exceptions are material in nature, and if the Vendor's exceptions may be declared grounds for
rejection of bid proposal.
7. Addenda
The County reserves the right to formally amend and /or clarify the requirements of the bid
specifications where it deems necessary. Any such addendum /clarification shall be in writing and
shall be distributed electronically to all parties who received the original bid specifications rip or to
the deadline for submission of Bids. All changes to this ITB will be conveyed electronically through
a notice of addendum or questions and answers to all vendors registered under the applicable
commodity code(s) at the time when the original ITB was released, as well as those vendors who
downloaded the ITB document. Additionally, all addendums are posted on the Collier County
Purchasing Department Online Bidding System website: www.colliergov.net /bid. Before submitting
a bid response, please make sure that you have read all, understood clearly and complied
completely with any changes stated in the addenda as failure to do so may result in the rejection
of your submittal.
8. Bid Submission
For electronic submissions...
All electronic bids shall be submitted online via the Collier County Purchasing Department Online
Bidding System: www.colliergov.net /bid.
For paper submissions...
All paper bids shall be submitted to the County Procurement Director, Collier County Government,
Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112, by the date and time as stated
in the Legal Notice. The County assumes no responsibility for bid responses received after the
due date and time, or at any office or location other than that specified herein, whether due to mail
delays, courier mistakes, mishandling, inclement weather or any other reason. Late bid responses
shall be returned unopened, and shall not be considered for award.
Vendors must submit one (1) paper copy clearly labeled "Master," and one (1) compact disks
(CD's) with one copy of the proposal on each CD in Word, Excel or PDF. List the Solicitation
Number and Title on the outside of the box or envelope. All bids sent by courier service must
have the bid number and title on the outside of the courier packet.
Vendors who wish to receive copies of bids after the bid opening may view and download same
from the Collier County Purchasing Department Internet bid site.
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9. Questions
If the vendor should be of the opinion that the meaning of any part of the Bid Document is
doubtful, obscure or contains errors or omissions it should report such opinion to the Procurement
Strategist before the bid opening date. Direct questions related to this ITB only to the Collier
County Purchasing Department Internet website: www.colliergov.net /bid. Questions will not be
answered after the date noted on the ITB.
Vendors must clearly understand that the only official answer or position of the County will be the
one stated on the Collier County Purchasing Department Online Bidding System website. For
general questions, please call the referenced Procurement Strategist identified in the Public
Notice.
10. Protests
Any prospective vendor / proposer who desires to protest any aspect(s) or provision(s) of the
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.
11. Rejection and Waiver
The County reserves the right to reject any and all bids, to waive defects in the form of bid, also to
select the bid that best meets the requirements of the County.
Vendors whose bids, past performance or current status do not reflect the capability, integrity or
reliability to fully and in good faith perform the requirements denoted may be rejected as non-
responsive. Bids that do not meet all necessary requirements of this solicitation or fail to provide
all required information, documents or materials may be rejected as non - responsive.
12. Local Vendor Preference (LVP)
The County is using the Competitive Sealed Quotation methodology of source selection for this
procurement, as authorized by Ordinance Number 2013 -69 establishing and adopting the Collier
County Purchasing Ordinance.
Local business means the vendor has a current Business Tax Receipt issued by the Collier
County Tax Collector for at least one year prior to bid or proposal submission to do business
within Collier County, and that identifies the business with a permanent physical business address
located within the limits of Collier County from which the vendor's staff operates and performs
business in an area zoned for the conduct of such business. A Post Office Box or a facility that
receives mail, or a non - permanent structure such as a construction trailer, storage shed, or other
non - permanent structure shall not be used for the purpose of establishing said physical address.
In addition to the foregoing, a vendor shall not be considered a "local business" unless it
contributes to the economic development and well -being of Collier County in a verifiable and
measurable way. This may include, but not be limited to, the retention and expansion of
employment opportunities, support and increase to the County's tax base, and residency of
employees and principals of the business within Collier County. Vendors shall affirm in writing their
compliance with the foregoing at the time of submitting their bid or proposal to be eligible for
consideration as a "local business" under this section. A vendor who misrepresents the Local
Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to
claim Local Preference status for a period of up to one year.
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Under this solicitation, bidders desiring to receive local preference will be invited and required to
affirmatively state and provide documentation as set forth in the solicitation in support of their
status as a local business. Any bidder who fails to submit sufficient documentation with their bid
offer shall not be granted local preference consideration for the purposes of that specific
contract award. Except where federal or state law, or any other funding source, mandates to the
contrary, Collier County and its agencies and instrumentalities, will give preference to local
businesses in the following manner.
Competitive bid (local price match option). Each formal competitive bid solicitation shall
clearly identify how the price order of the bids received will be evaluated and determined.
When a qualified and responsive, non -local business submits the lowest price bid, and the bid
submitted by one or more qualified and responsive local businesses is within ten percent of the
price submitted by the non -local business, then the local business with the apparent lowest bid
offer (i.e., the lowest local bidder) shall have the opportunity to submit an offer to match the
price(s), less one (1) dollar, offered by the overall lowest, qualified and responsive bidder. In
such instances, staff shall first verify if the lowest non -local bidder and the lowest local bidder
are in fact qualified and responsive bidders. Next, the Purchasing Department shall determine if
the lowest local bidder meets the requirements of Fla. Stat. Sec.287.087 (Preferences to
businesses with drug -free workplace programs). if the lowest local bidder meets the
requirements of Fla. Stat. Sec. 287.087, the Purchasing Department shall invite the lowest
local bidder to submit a matching offer, less one (1) dollar, within five (5) business days
thereafter. If the lowest local bidder submits an offer that fully matches the lowest bid, less
one (1) dollar, f r m the lowest non -local bidder tendered previously, then award shall be made
to the local bidder. If the lowest local bidder declines or is unable to match the lowest non -local
bid price(s), then award will be made to the lowest overall qualified and responsive bidder. If the
lowest local bidder does not meet the requiremerit of Fla. Stat. Sec 287.087, and the lowest
non -local bidder does, award will be made to the bidder that meets the requirements of the
reference state law.
Bidder must complete and submit with their bid response the Affidavit for Claiming Status as a
Local Business which is included as part of this solicitation.
Failure on the part of a Bidder to submit this Affidavit with their bid response will preclude
said Bidder from being considered for local preference on this solicitation.
A Bidder who misrepresents the Local Preference status of its firm in a bid submitted to the
County will lose the privilege to claim Local Preference status for a period of up to one (1) year.
The County may, as it deems necessary, conduct discussions with responsible bidders
determined to be in contention for being selected for award for the purpose of clarification to
assure full understanding of, and responsiveness to solicitation requirements.
13. Immigration Affidavit Certification
Statutes and executive orders require employers to abide by the immigration laws of the United
States and to employ only individuals who are eligible to work in the United States.
The Employment Eligibility Verification System (E- Verify) operated by the Department of
Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides
an Internet -based means of verifying employment eligibility of workers in the United States; it is
not a substitute for any other employment eligibility verification requirements. The program will be
used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including
professional services and construction services.
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Exceptions to the program:
• Commodity based procurement where no services are provided.
• Where the requirement for the affidavit is waived by the Board of County
Commissioners
Vendors / Bidders are required to enroll in the E- Verify program, and provide acceptable evidence
of their enrollment, at the time of the submission of the vendor's /bidder's proposal. Acceptable
evidence consists of a copy of the properly completed E- Verify Company Profile page or a copy of
the fully executed E- Verify Memorandum of Understanding for the company. Vendors are also
required to provide the Collier County 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/Vendor does not comply with providing both the acceptable E Verify evidence
and the executed affidavit the bidder's / vendor's proposal may be deemed non responsive
Additionally, vendors shall require all subcontracted vendors to use the E- Verify system for all
purchases not covered under the "Exceptions to the program" clause above.
For additional information regarding the Employment Eligibility Verification System (E- Verify)
program visit the following website: http: / /www.dhs.gov /E- Verify. It shall be the vendor's
responsibility to familiarize themselves with all rules and regulations governing this program.
Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall
be fully responsible for complying with the provisions of the Immigration Reform and Control Act of
1986 as located at 8 U.S.C. 1324, et seg. and regulations relating thereto, as either may be
amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to
comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach
of the award agreement and the County shall have the discretion to unilaterally terminate said
agreement immediately.
14. Lobbying
All firms are hereby placed on NOTICE that the County Commission does not wish to be lobbied
either individually or collectively about a project for which a firm has submitted a bid. Firms and
their agents are not to contact members of the County Commission for such purposes as
meetings of introduction, luncheons, dinners, etc. During the bidding process, from bid opening to
final Board approval, no firm or its agent shall contact any other employee of Collier County with
the exception of the Purchasing Department.
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. General Information
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When it is deemed by the County that a bid cannot be awarded as originally intended, the County
reserves the right to award this bid through an approach which is the best interest of the County.
Alternate bids will not be considered unless authorized by the ITB. In case of identical bids tying
as low bid, the County shall ask vendors to submit certification that they have a drug -free
workplace in accordance with Section 287.087 Florida Statutes. Should all vendors provide said
certification; the County will give local vendor preference.
17. Bid Award Process
Award of contract will be made by the Board of County Commissioners in public session.
Award shall be made in a manner consistent with the County's Purchasing Policy. Award
recommendations will be posted outside the offices of the Purchasing Department as well as on
the Collier County Purchasing Department website on Wednesdays and Thursdays prior to the
County Commission meetings.
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.
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Exhibit III: Standard Purchase Order Terms and Conditions
1. Offer
This offer is subject to cancellation by the
COUNTY without notice if not accepted by
VENDOR within fourteen (14) days of issuance.
2. Acceptance and Confirmation
This Purchase Order (including all documents
attached to or referenced therein) constitutes
the entire agreement between the parties, unless
otherwise specifically noted by the COUNTY on
the face of this Purchase Order. Each delivery of
goods and /or services received by the COUNTY
from VENDOR shall be deemed to be upon the
terms and conditions contained in this Purchase
Order.
No additional terms may be added and Purchase
Order may not be changed except by written
instrument executed by the COUNTY. VENDOR
is deemed to be on notice that the COUNTY
objects to any additional or different terms and
conditions contained in any acknowledgment,
invoice or other communication from VENDOR,
notwithstanding the COUNTY'S acceptance or
payment for any delivery of goods and /or
services, or any similar act by VENDOR.
3. Inspection
All goods and /or services delivered hereunder
shall be received subject to the COUNTY'S
inspection and approval and payment therefore
shall not constitute acceptance. All payments are
subject to adjustment for shortage or rejection.
All defective or nonconforming goods will be
returned pursuant to VENDOR'S instruction at
VENDOR'S expense.
To the extent that a purchase order requires a
series of performances by VENDOR, the
COUNTY prospectively reserves the right to
cancel the entire remainder of the Purchase
Order if goods and /or services provided early in
the term of the Purchase Order are
non - conforming or otherwise rejected by the
COUNTY.
4. Shipping and Invoices
a) All goods are FOB destination and must be
suitably packed and prepared to secure the
lowest transportation rates and to comply
with all carrier regulations. Risk of loss of
any goods sold hereunder shall transfer to
the COUNTY at the time and place of
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delivery; provided that risk of loss prior to
actual receipt of the goods by the COUNTY
nonetheless remain with VENDOR.
b) No charges will be paid by the COUNTY for
packing, crating or cartage unless otherwise
specifically stated in this Purchase Order.
Unless otherwise provided in Purchase
Order, no invoices shall be issued nor
payments made prior to delivery. Unless
freight and other charges are itemized, any
discount will be taken on the full amount of
invoice.
c) All shipments of goods scheduled on the
same day via the same route must be
consolidated. Each shipping container must
be consecutively numbered and marked to
show this Purchase Order number. The
container and Purchase Order numbers must
be indicated on bill of lading. Packing slips
must show Purchase Order number and
must be included on each package of less
than container load (LCL) shipments and /or
with each car load of equipment. The
COUNTY reserves the right to refuse or
return any shipment or equipment at
VENDOR'S expense that is not marked with
Purchase Order numbers. VENDOR agrees
to declare to the carrier the value of any
shipment made under this Purchase Order
and the full invoice value of such shipment.
d) All invoices must contain the Purchase Order
number and any other specific information as
identified on the Purchase Order. Discounts
of prompt payment will be computed from the
date of receipt of goods or from date of
receipt of invoices, whichever is later.
Payment will be made upon receipt of a
proper invoice and in compliance with
Chapter 218, Fla. Stats., otherwise known as
the "Local Government Prompt Payment
Act," and, pursuant to the Board of County
Commissioners Purchasing Policy.
5. Time Is Of the Essence
Time for delivery of goods or performance of
services under this Purchase Order is of the
essence. Failure of VENDOR to meet delivery
schedules or deliver within a reasonable time, as
interpreted by the COUNTY in its sole judgment,
shall entitle the COUNTY to seek all remedies
available to it at law or in equity. VENDOR
agrees to reimburse the COUNTY for any
expenses incurred in enforcing its rights.
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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.
Warranties
VENDOR expressly warrants that the goods
and /or services covered by this Purchase Order
will conform to the specifications, drawings,
samples or other descriptions furnished or
specified by the COUNTY, and will be of
satisfactory material and quality production, free
from defects and sufficient for the purpose
intended. Goods shall be delivered free from any
security interest or other lien, encumbrance or
claim of any third party. These warranties shall
survive inspection, acceptance, passage of title
and payment by the COUNTY.
8. Statutory Conformity
Goods and services provided pursuant to this
Purchase Order, and their production and
transportation shall conform to all applicable
laws, including but not limited to the Occupational
Health and Safety Act, the Federal
Transportation Act and the Fair Labor Standards
Act, as well as any law or regulation noted on the
face of the Purchase Order.
Advertising
No VENDOR providing goods and services to the
COUNTY shall advertise the fact that it has
contracted with the COUNTY for goods and /or
services, or appropriate or make use of the
COUNTY'S name or other identifying marks or
property without the prior written consent of the
COUNTY'S Purchasing Department.
10. Indemnification
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VENDOR shall indemnify and hold harmless the
COUNTY from any and all claims, including
claims of negligence, costs and expenses,
including but not limited to attorneys' fees, arising
from, caused by or related to the injury or death
of any person (including but not limited to
employees and agents of VENDOR in the
performance of their duties or otherwise), or
damage to property (including property of the
COUNTY or other persons), which arise out of or
are incident to the goods and /or services to be
provided hereunder.
11. Warranty of Non - Infringement
VENDOR represents and warrants that all goods
sold or services performed under this Purchase
Order are: a) in compliance with applicable laws;
b) do not infringe any patent, trademark,
copyright or trade secret; and c) do not constitute
unfair competition.
VENDOR shall indemnify and hold harmless the
COUNTY from and against any and all claims,
including claims of negligence, costs and
expense, including but not limited to attorneys'
fees, which arise from any claim, suit or
proceeding alleging that the COUNTY'S use of
the goods and /or services provided under this
Purchase Order are inconsistent with VENDOR'S
representations and warranties in section 11 (a).
If any claim which arises from VENDOR'S breach
of section 11 (a) has occurred, or is likely to
occur, VENDOR may, at the COUNTY'S option,
procure for the COUNTY the right to continue
using the goods or services, or replace or modify
the goods or services so that they become
non - infringing, (without any material degradation
in performance, quality, functionality or additional
cost to the COUNTY).
12. Insurance Requirements
The VENDOR, at its sole expense, shall provide
commercial insurance of such type and with such
terms and limits as may be reasonably
associated with the Purchase Order. Providing
and maintaining adequate insurance coverage is
a material obligation of the VENDOR. All
insurance policies shall be executed through
insurers authorized or eligible to write policies in
the State of Florida.
13. Compliance with Laws
In fulfilling the terms of this Purchase Order,
VENDOR agrees that it will comply with all
federal, state, and local laws, rules, codes, and
ordinances that are applicable to the conduct of
its business. By way of non - exhaustive example,
this shall include the American with Disabilities
Act and all prohibitions against discrimination on
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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
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conditions of this Purchase Order, provided that
COUNTY has provided VENDOR with notice of `
such breach and VENDOR has failed to cure
within 10 days of receipt of such notice.
19. General
a) This Purchase Order shall be governed by
the laws of the State of Florida. The venue
for any action brought to specifically enforce
any of the terms and conditions of this
Purchase Order shall be the Twentieth
Judicial Circuit in and for Collier County,
Florida
b) Failure of the COUNTY to act immediately in
response to a breach of this Purchase Order
by VENDOR shall not constitute a waiver of
breach. Waiver of the COUNTY by any
default by VENDOR hereunder shall not be
deemed a waiver of any subsequent default
by VENDOR.
c) All notices under this Purchase Order shall
be sent to the respective addresses on the
face page by certified mail, return receipt
requested, by overnight courier service, or by
personal delivery and will be deemed
effective upon receipt. Postage, delivery and
other charges shall be paid by the sender. A
party may change its address for notice by
written notice complying with the
requirements of this section.
d) The Vendor agrees to reimbursement of any
travel expenses that may be associated with
this Purchase Order in accordance with
Florida Statute Chapter 112.061, Per Diem
and Travel Expenses for Public Officers,
employees and authorized persons.
e) In the event of any conflict between or
among the terms of any Contract Documents
related to this Purchase Order, the terms of
the Contract Documents shall take
precedence over the terms of the Purchase
Order. To the extent any terms and /or
conditions of this Purchase Order duplicate
or overlap the Terms and Conditions of the
Contract Documents, the provisions of the
Terms and /or Conditions that are most
favorable to the County and /or provide the
greatest protection to the County shall
govern.
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Exhibit IV: Additional ITB Terms and Conditions
1. Additional Items and /or Services
During the contract term, Collier County reserves the right to add related items and /or services
upon negotiation of a satisfactory price by the Project Manager and Vendor.
2. Conflict of Interest
Vendor shall provide a list of any businesses and /or organizations to which the firm has any
affiliation or obligations within the past five (5) years; whether paid or donated, which could be
construed by the County as a conflict of interest. Disclosure of any potential or actual conflict of
interest is subject to County staff review and does not in and of itself disqualify a firm from
consideration. These disclosures are intended to identify and or preclude conflict of interest
situations during contract selection and execution.
3. Vendor Performance Evaluation
Collier County has implemented a Vendor Performance Evaluation System for all contracts
awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon
completion /termination of agreement.
4. Deductions for Non - Performance
The County reserves the right to deduct a portion of any invoice for goods not delivered, or
services not performed in accordance with requirements, including required timeframe. The
County may also deduct, or chargeback the Vendor the costs necessary to correct the deficiencies
directly related to the Vendor's non - performance.
5. Offer Extended to Other Governmental Entities
Collier County encourages and agrees to the successful vendor extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the discretion of
the successful vendor.
6. Environmental Health and Safety
All Vendors and Sub vendors performing service for Collier County are required and shall comply
with all Occupational Safety and Health Administration (OSHA), State and County Safety and
Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub
vendors shall be responsible for the safety of their employees and any unsafe acts or conditions
that may cause injury or damage to any persons or property within and around the work site. All
firewall penetrations must be protected in order to meet Fire Codes.
Collier County Government has authorized OSHA representatives to enter any Collier County
facility, property and /or right -of -way for the purpose of inspection of any Vendor's work operations.
This provision is non - negotiable by any department and /or Vendor.
All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device
Coordination and Arc Flash Studies where relevant as determined by the engineer.
All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and
PPE Protective labels.
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7. Florida Wood Products
The Vendor /Contractor agrees to comply with Florida Statute 255.20 to provide lumber, timber and
other forest products produced and manufactured in the State of Florida as long as the price,
fitness and quality are equal.
8. Public Records Compliance
The Vendor /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.
9. Standards of Conduct
The Vendor shall employ people to work on County projects who are neat, clean, well - groomed
and courteous. Subject to the American with Disabilities Act, Vendor shall supply competent
employees who are physically capable of performing their employment duties. The County may
require the Vendor to remove an employee it deems careless, incompetent, insubordinate or
otherwise objectionable and whose continued employment on Collier County projects is not in the
best interest of the County.
10. Licenses
The Vendor is required to possess the correct professional and other licenses, and any other
authorizations necessary to perform the required work pursuant to all applicable Federal, State
and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies
of all the required licenses must be submitted with the bid response indicating that the
entity bidding, as well as the team assigned to the County account, is properly licensed to
perform the activities or work included in the ITB documents. Failure on the part of any
vendor to supply this documentation with their bid response may be grounds for deeming
vendor non - responsive. A Vendor with an office within Collier County is required to have an
occupational license.
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.
Questions regarding professional licenses should be directed to Contractor Licensing, Community
Development and Environmental Services at (239) 252 -2431, 252 -2432 or 252 -2909. Questions
regarding required Business Tax Receipt (formerly known as Occupational Licenses) should be
directed to the Tax Collector's Office at (239) 252 -2477.
11. Protection of Property
The Vendor shall ensure that the service is performed in such manner as to not damage any
property. In the event damage occurs to any property as a direct result of the Vendor or their Sub
vendor in the performance of the required service, the Vendor shall repair /replace, to the County's
satisfaction, damaged property at no additional cost to the County. If the damage caused by the
Vendor or their Sub vendor has to be repaired /replaced by the County, the cost of such work will
be deducted from the monies due the Vendor.
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The County's project manager, shall coordinate with the Vendor / Contractor the return of any
surplus assets, including materials, supplies, and equipment associated with the scope or work.
12. 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.
13. Invoice and Payments
Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218,
Florida Statutes. Vendor's invoices must include:
• Purchase Order Number
• Description and quantities of the goods or services provided per instructions on the County's
purchase order or contract.
Invoices shall be sent to:
Board of County Commissioners
Clerk's Finance Department
ATTN: Accounts Payable
3299 Tamiami Trail E Ste 700
Naples FL 34112
Or emailed to: bccapclerk(a)collierclerk.com.
Collier County, in its sole discretion, will determine the method of payment for goods and /or
services as part of this agreement.
Payment methods include:
• Traditional — payment by check, wire transfer or other cash equivalent.
• Standard — payment by purchasing card. Collier County's Purchasing Card Program is
supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant
of the Rules for VISA Merchants and MasterCard Merchant Rules.
The County may not accept any additional surcharges (credit card transaction fees) as a result of
using the County's credit card for transactions relating to this solicitation. The County will
entertain bids clearly stating pricing for standard payment methods. An additional separate
discounted price for traditional payments may be provided at the initial bid submittal if it is clearly
marked as an "Additional Cash Discount."
Upon execution of the Contract and completion of each month's work, payment requests may be
submitted to the Project Manager on a monthly basis by the Contractor for services rendered for
that prior month. Services beyond sixty (60) days from current monthly invoice will not be
considered for payment without prior approval from the Project manager. All invoices should be
submitted within the fiscal year the work was performed. (County's fiscal year is October 1 -
September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or
processed for payment) unless specifically authorized by the Project Manager.
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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 vendor or contractor for services performed of for materials delivered in
association with a contract.
Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the
Finance Division for payment. Payment will be made upon receipt of proper invoice and in
compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt
Payment Act." Collier County reserves the right to withhold and /or reduce an appropriate amount
of any payment for work not performed or for unsatisfactory performance of Contractual
requirements.
14. Survivability
Bids (ITBs /RFPs): The Consultant/ContractorNendor agrees that any Work Order /Purchase
Order that extends beyond the expiration date of Solicitation 15 -6474 resultant of this solicitation
will survive and remain subject to the terms and conditions of that Agreement until the completion
or termination of any Work Order /Purchase Order.
15. Insurance Requirements
Solicitation 15 -6474 Medical Director for Collier County and Employment Physicals & Drug
Testing
The Vendor shall at its own expense, carry and maintain insurance coverage from responsible
companies duly authorized to do business in the State of Florida as set forth in Insurance and
Bonding Requirements Attachment of this solicitation. The Vendor shall procure and maintain
property insurance upon the entire project, if required, to the full insurable value of the scope of
work.
The County and the Vendor waive against each other and the County's separate Vendors,
Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all
damages covered by property insurance provided herein, except such rights as they may have to
the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar
waivers of subrogation from the County's separate Vendors, Design Consultants and
Subcontractors and shall require each of them to include similar waivers in their contracts.
Collier County shall be responsible for purchasing and maintaining, its own liability insurance.
Certificates issued as a result of the award of this solicitation must identify "For any and all work
performed on behalf of Collier County."
The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall
name Collier County, Florida, as an additional insured as to the operations of Vendor under this
solicitation and shall contain a severability of interests provisions.
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Collier County Board of County Commissioners shall be named as the Certificate Holder. The
"Certificate Holder" should read as follows:
Collier County
Board of County Commissioners
Naples, Florida
The amounts and types of insurance coverage shall conform to the minimum requirements set
forth in the Insurance and Bonding Requirements Attachment, with the use of Insurance Services
Office (ISO) forms and endorsements or their equivalents. If Vendor has any self- insured
retentions or deductibles under any of the below listed minimum required coverage, Vendor must
identify on the Certificate of Insurance the nature and amount of such self- insured retentions or
deductibles and provide satisfactory evidence of financial responsibility for such obligations. All
self- insured retentions or deductibles will be Vendor's sole responsibility.
Coverage(s) shall be maintained without interruption from the date of commencement of the Work
until the date of completion and acceptance of the scope of work by the County or as specified in
this solicitation, whichever is longer.
The Vendor and /or its insurance carrier shall provide 30 days written notice to the County of. policy
cancellation or non - renewal on the part of the insurance carrier or the Vendor. The Vendor shall
also notify the County, in a like manner, within twenty -four (24) hours after receipt, of any notices
of expiration, cancellation, non - renewal or material change in coverage or limits received by
Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to
provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by
Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to
the full extent permitted under such policy.
Should at any time the Vendor not maintain the insurance coverage(s) required herein, the
County may terminate the Agreement or at its sole discretion shall be authorized to purchase
such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to
reimburse the County for such costs within thirty (30) days after demand, the County has the right
to offset these costs from any amount due Vendor under this Agreement or any other agreement
between the County and Vendor. The County shall be under no obligation to purchase such
insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or
companies used. The decision of the County to purchase such insurance coverage(s) shall'in no
way be construed to be a waiver of any of its rights under the Contract Documents.
If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of
the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of
Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure
of the Vendor to provide the County with such renewal certificate(s) shall be considered
justification for the County to terminate any and all contracts.
15. Collier County Information Technology Requirements
All vendor access will be done via VPN access only. All access must comply with current
published County Manager Agency (CMA) policies.
Current policies that apply are CMAs 5402, 5403 and 5405. These policies will be available upon
request from the Information Technology Department. All vendors will be required to adhere to IT
policies for access to the County network. Vendors are required to notify the County in writing
twenty -four (24) hours in advance as to when access to the network is planned. Included in this
request must be a detailed work plan with actions that will be taken at the time of access. The
County IT Department has developed a Technical Architecture Requirements Document that is
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required to be filled out and submitted with your bid response. This document can be found on the
Collier County Purchasing Department website: www.colliergov.net/r)urchasing. On the left hand
side of the menu, click on CC Technical Requirements. If this document is not submitted with your
bid response, your bid response may be deemed non - responsive.
16. Security and Background Checks
If required, Vendor/ 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.
17. Maintenance of Traffic Policy
For all projects that are conducted within a Collier County Right -of -Way, the Vendor shall provide
and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform
Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the
Florida Department of Transportation's Design Standards (DS) on state roadways. These projects
shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein
by reference. Copies are available through the Risk Management and /or Purchasing Departments
and are available on -line at colliergov.net/purchasing.
The Vendor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT
Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar
with their requirements. Strict adherence to the requirements of the Maintenance of Traffic
( "MOT ") policy will be enforced under this Contract.
All costs associated with the Maintenance of Traffic shall be included on the line item on the bid
page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of
Award.
18. Debris
Vendor shall be responsible for the removal and disposal of all debris from the site and the
cleaning of the affected areas. Vendor shall keep the premises free of debris and unusable
materials resulting from their work and as work progresses; or upon the request of the County's
representative, shall remove and dispose such debris and materials from the property. The
Vendor shall leave all affected areas as they were prior to beginning work.
19. Direct Material Purchase
The County reserves the right to require Vendor to assign some or all of its agreements with
material suppliers directly to the County. Any such goods and /or materials purchased by the
County pursuant to such an assignment of a material supply agreement shall be referred to as
"County Furnished Materials" and the responsibilities of both the County and the Vendor relating
to said materials shall be governed by the terms and conditions of this solicitation.
Additionally, the County at its sole option may choose to purchase some or all of the goods and /or
materials from other suppliers. In either instance the County may require the following information
from the Vendor:
• Required quantities of material.
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• Specifications relating to goods and /or materials required for job including brand and /or model
number or type if applicable
• Pricing and availability of goods and /or materials provided under Vendor's agreements with
material suppliers
20. Grant Compliance
The purchase of any goods and /or services that are funded through Federal Grant Appropriations,
the State of Florida, or any other public or private foundations shall be subject to the compliance
and reporting requirements of the granting agency.
21. Equipment
Vendor shall have available and in good working condition, the necessary equipment to perform
the required service. If required, the Vendor shall supply a list of equipment and an hourly rate for
each. Hourly rates will commence once equipment arrives at the service site.
In the event that additional specialized and /or heavy equipment (backhoe, crane, mudhog, etc.) is
needed, the Project Manager must be notified in advance for approval. The reimbursement of
additional equipment expense shall be at cost and will commence once equipment arrives at the
service site. The County reserves the right to request and obtain documentation of the Vendor's
cost, and to withhold payments until documentation is provided.
The scope of these specifications is to ensure the delivery of a complete unit ready for operation.
Omission of any essential detail from these specifications does not relieve the Vendor from
furnishing a complete unit.
All equipment must be new and of current manufacture in production at the time of ITB opening,
and carry standard warranties. At the time of delivery, at least two (2) complete shop repair
manuals and parts lists must be furnished with each type of equipment. Vendor must service all
equipment prior to delivery and /or acceptance by the County.
22. Storage Tank Installation and Closure Requirements
The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30/30A;
FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 & 403 Florida Statutes; and
STI, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining to the storage of
hazardous materials and petroleum products.
The contractor shall notify the Solid & Hazardous Waste Management Department ( SHWMD) prior
to the installation, removal, or maintenance of any storage tank, including day tanks for
generators, storing / will be storing petroleum products or hazardous materials. The contractor
shall provide a 10 day and 48 hour notice to SHWMD 239 - 252 -2508 prior to commencement.
The contractor shall provide the plans pertaining to the storage tank systems containing
hazardous materials / petroleum products to the SHWMD prior to plans submittal to a permitting
entity and then SHWMD must approve the plans prior to contractor's submittal for permitting.
23. 62- 761.300 Applicability
1) General Requirements:
a) Underground storage tank systems: The requirements of this Chapter, unless specified
otherwise, apply to owners and operators of facilities, or owners and operators of UST
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systems with individual storage tank capacities greater than110 gallons that contain or
contained:
i) Vehicular fuel, subject to Chapter 17 -61, F.A.C., after May 21, 1984
ii) Pollutants or hazardous substances after December 10, 1990; or
iii) Regulated substances in unmaintained storage tank systems.
b) This rule is applicable to non - residential facilities. Under 40 C.F.R. 280, residential tanks
greater than 1100 gallons containing motor fuels are subject to Federal UST rules
(advisory information only -not required by this Chapter).
24.62-762.301, F.A.C. Applicability
1) General Requirements:
a) Aboveground storage tank systems: The requirements of this chapter, unless specified
otherwise, apply to owners and operators of facilities, or owners and operators of
aboveground stationary storage tank systems with individual storage tank capacities
greater than 550 gallons that contain or contained: Vehicular fuel, subject to Chapter 17-
61, F.A.C., after May 21, 1984
(1) Vehicular fuel, subject to Chapter 17 -61, F.A.C., after May 21, 1984;
(2) Pollutants after March 12, 1991; or
(3) Pollutants in unmaintained storage tank systems.
b) Aboveground compression vessels and hazardous substance storage tank systems:
Owners and operators of compression vessels and hazardous substance storage tanks
with capacities of greater than 110 gallons containing hazardous substances are only
required to comply with subsections 62- 762.401(1) -(2), F.A.C.
c) Aboveground mineral acid storage tank systems: Owners and operators of facilities, or
owners and operators of aboveground mineral acid storage tank systems with capacities of
greater than 110 gallons containing mineral acids are only required to comply with Rule 62-
762.891, F.A.C.
25. Definitions
62- 761.200(11) and 62- 762.201(16) F.A.C.: "Count' means a locally administered program
under contract with the Department to perform compliance verification activities at facilities with
storage tank systems.
62- 761.200(48) and 62- 762.201(62) F.A.C.: "Pollutants" includes any "product" as defined in
Section 377.19(l 1), F.S., pesticides, ammonia, chlorine and derivatives thereof, excluding
liquefied petroleum gas.
62- 761.200(51) and 62- 762.201(65) F.A.C.: "Product" as defined in Section 377.19(l 1), F.S.,
means any commodity made from oil or gas and includes refined crude oil, crude tops, topped
crude, processed crude petroleum, residue from crude petroleum, cracking stock, uncracked fuel
oil, fuel oil, treated crude oil, residuum, gas oil, casing head gasoline, natural gas gasoline,
naphtha, distillate, condensate, gasoline, used oil, kerosene, benzene, wash oil, blended
gasoline, lubricating oil, blends or mixtures of oil with one or more liquid products or byproducts
derived from oil or gas, and blends or mixtures of two or more liquid products or byproducts
derived from oil or gas, whether hereinabove enumerated or not.
62- 761(73) and 62- 762(84), F.A.C.: "Vehicular fuel" means a petroleum product used to fuel
motor vehicles, including aircraft, watercraft and vehicles used on and off roads and rails.
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Corer GoH.rity
Administrative Swmes Depammnt
Procuremem Services Dvision
Attachment 1: Vendor Submittal - 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 why prospective
Vendors did not wish to respond to this ITB. If your firm is not responding to this ITB, please indicate
the reason(s) by checking any appropriate item(s) listed below and return this form via email or fax to
the Procurement Strategist listed on the first page or mail to: Collier County Purchasing Department,
3327 Tamiami Trail East, Naples, Florida 34112.
We are not responding to this ITB for the following reason(s):
Solicitation: ITB 15 -6474 Medical Director for Collier County and Employment Physicals &
Drug Testing
❑ Services requested not available through our company.
❑ Our firm could not meet specifications /scope of work.
❑ Specifications /scope of work not clearly understood (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):
Firm's Complete Legal Name
Address
City, State, Zip
Telephone Number
FAX Number
Signature / Title
Type Name of Signature Date:
#15 -6474 Packet Page - 1882 - 27
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C'M r County
AdminsUrabve Serves Department
Procurement Services Division
Attachment 2: Vendor's Check List
IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign in the
spaces indicated and return with bid.
Vendor should check off each of the following items as the necessary action is completed:
1. The Bid has been signed.
2. The Bid prices offered have been reviewed.
3. The price extensions and totals have been checked.
4. The payment terms have been indicated.
5. Any required drawings, descriptive literature, etc. have been included.
6. Any delivery information required is included.
7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has
been included.
8. Addendum have been signed and included, if applicable.
9. Affidavit for Claiming Status as a Local Business, if applicable.
10. Immigration Affidavit and company's E- Verify profile page or memorandum of understanding.
11. Copies of licenses, equipment lists, subcontractors or any other information as noted in this
ITB.
12. The mailing envelope must be addressed to:
Procurement Director
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
The mailing envelope must be sealed and marked with:
• Solicitation:: ITB 15 -6474 Medical Director for Collier County and
Employment Physicals & Drug Testing
• Opening Date: July 2, 2015
13. The bid will be mailed or delivered in time to be received no later than the specified opening date
and time. (Otherwise bid cannot be considered.)
14. If submitting a manual bid, include any addenda (initialed and dated noting understanding and
receipt). If submitting bid electronically, bidder will need to download all related documents on
www.colliergov.net /bid. The system will date and time stamp when the addendum files were
downloaded.
ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE
OF THE COURIER PACKET.
Company Name
Signature & Title
Date
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C.o�':L�er Coulrrty
Administrative services €7epammnt
Procurement services Division
Attachment 3: Vendor Submittal - Bid Response Form
FROM:
Board of County Commissioners
Collier County Government Center
Naples, Florida 34112
9/8/2015 16. E.10.
RE: Solicitation: ITB 15 -6474 Medical Director for Collier County and Employment Physicals
& Drug Testing
Dear Commissioners:
The undersigned, as Vendor, hereby declares that the specifications have been fully examined and
the Vendor is fully informed in regard to all conditions pertaining to the work to be performed for as
per the scope of work. The Vendor further declares that the only persons, company or parties
interested in this Bid or the Contract to be entered into as principals are named herein; that this Bid is
made without connection with any other person, company or companies submitting a Bid; and it is all
respects fair and in good faith, without collusion or fraud.
The Vendor proposes and agrees if this bid is accepted, to comply with the requirements in full and in
accordance with the terms, conditions and specifications denoted herein. The Vendor agrees to
provide the following:
* * * SEE FOLLOWING PAGES * * *
Any discounts or terms must be shown on the Bid Response Form. Such discounts, if any, will be
considered and computed in the tabulation of the bids. In no instance should terms for less than
fifteen (15) days payment be offered.
Prompt Payment Terms: % Days; Net _ Days
❑ Bid Response Form is electronic. Please input your prices online.
❑ Bid Response is as follows:
Note: If you choose to bid manually, please submit an ORIGINAL and ONE COPY of your bid
response pages. The undersigned do agree that should this Bid be accepted, to execute a formal
contract, if required, and present the formal contract to the County Procurement Director for approval
within fifteen (15) days after being notified of an award.
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IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of
2015 in the County of , in the State of
Firm's Complete Legal Name
Address
City, State, Zip
Florida Certificate of Authority
Document Number
Federal Tax Identification
Number
CCR # or CAGE Code
Telephone Number
FAX Number
Signature / Title
Type Name of Signature
Date
Additional Contact Information
Send Payments To: (REQUIRED ONLY if different from above)
Firm's Complete Legal Name
Address
City, State, Zip
Contact Name
Telephone Number
FAX Number
Email Address
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co -wr Gaunty
Adminm alive- Servioes Deparbrient
Procurement Services Division
Attachment 4: Vendor Submittal — Local Vendor Preference Affidavit
Solicitation: ITB 15 -6474 Medical Director for Collier County and Employment Physicals & Drug Testing
(Check Appropriate Boxes Below)
State of Florida (Select County if Vendor is described as a Local Business
❑ Collier County
❑ Lee County
Vendor affirms that it is a local business as defined by the 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:
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
section.
Vendor must complete the following information:
Year Business Established in ❑Collier County or ❑ Lee County:
Number of Employees (Including Owner(s) or Corporate Officers):
Number of Employees Living in ❑ Collier County or ❑ Lee (Including Owner(s) or Corporate Officers):
If requested by the County, vendor will be required to provide documentation substantiating the information
given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable.
Vendor Name:
Address in Collier or Lee County:
Signature:
STATE OF FLORIDA
❑ COLLIER COUNTY ❑ LEE COUNTY
Date:
Title:
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)
#15-6474 Packet Page -1886- 31
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Coder County
Administzabve Services Departmnt
Procurement Services Division
Attachment 5: Vendor Submittal — Immigration Affidavit
Solicitation: ITB 15 -6474 Medical Director for Collier County and Employment Physicals & Drug Testing
This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal
Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are required to enroll
in the E- Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the
vendor's /bidder's proposal. Acceptable evidence consists of a copy of the properly completed E- Verify Company
Profile page or a copy of the fully executed E- Verify Memorandum of Understanding for the company. Failure to
include this Affidavit and acceptable evidence of enrollment in the E- Verify program may deem the Vendor /
Bidder's proposal as non - responsive.
Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien
workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of
the Immigration and Nationality Act ( "INA ").
Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the
INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be
grounds for unilateral termination of the contract by Collier County.
Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act
and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-
Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E- Verify), operated by the
Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the
Vendor's / Bidder's proposal.
Company Name
Print Name
Signature
State of
County of
Title
Date
The foregoing instrument was signed and acknowledged before me this day of , 20_, by
(Print or Type Name)
Notary Public Signature
Printed Name of Notary Public
who has produced as identification.
(Type of Identification and Number)
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.
#15 -6474
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C�:ctle_ier Cnuv�y
Administrative Services Department
Procurement services Division
9/8/2015 16.E.10.
Attachment 6: Vendor Substitute W — 9
Request for Taxpayer Identification Number and Certification
In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following
information for tax reporting purposes from individuals and companies who do business with the County (including
social security numbers if used, by the individual or company for tax reporting purposes). Florida Statute
119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be
used for no other purpose than herein stated. Please complete all information that applies to your business and
return with your quote or proposal.
1. General Information (provide all information)
Taxpayer Name
(as shown on income tax return)
Business Name
(if different from taxpayer name)
Address
State
Telephone FAX
Order Information
Address
City State Zip
FAX
Email
2. Company Status (check only one)
City
Zip.
Email
Remit / Payment Information
Address
City State
FAX
Email
Zip
_Individual / Sole Proprietor
_Corporation
_Partnership
_Tax Exempt (Federal income tax - exempt entity
_ Limited Liability Company
under Internal Revenue Service guidelines IRC
501 (c) 3)
Enter the tax classification
(D = Disregarded Entity, C = Corporation, P = Partnership)
3. Taxpayer Identification Number (for tax reporting purposes only)
Federal Tax Identification Number (TIN)
;Vendors who do not have a TIN, will be required to provide a social security number prior to an award of the contract.)
4. Sign and Date Form
Certification: Under penalties of perjury, / certify that the information shown on this form is correct to my knowledge.
Signature Date
Title Phone Number
#15 -6474
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Co &er County
Adrnhstrative Services Department
Procurement Services Division
Attachment 7: Vendor Submittal - Insurance and Bonding Requirements
Insurance] Bond Type Required Limits
1. E Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Compensation Statutory Limits and Requirements
2. E Employer's Liability
3. E Commercial General
Liability (Occurrence Form)
patterned after the current
ISO form
$500,000 single limit per occurrence
Bodily Injury and Property Damage
$500.000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury
Liability and Property Damage Liability. This shall include Premises and
Operations; Independent Contractors; Products and Completed Operations
and Contractual Liability.
4. E Indemnification To the maximum extent permitted by Florida law, the
Contractor/Vendor /Consultant shall indemnify and hold harmless Collier
County, its officers and employees from any and all liabilities, damages,
losses and costs, including, but not limited to, reasonable attorneys' fees and
paralegals' fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the Contractor/Vendor /Consultant or anyone
employed or utilized by the Contractor/Vendor /Consultant in the performance
of this Agreement.
4. ® Automobile Liability $ 500,000 Each Occurrence; Bodily Injury & Property Damage,
Owned /Non- owned /Hired; Automobile Included
5. ® Other insurance . as E Medical Professional Liability $ 250.000 Per Occurrence,
noted: $750,000 in the aggregate
E Medical Malpractice
$ 1,000,000 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 For projects in excess of $200,000, bonds shall be submitted with the
Payment Bonds executed contract by Proposers receiving award, and written for 100% of the
Contract award amount, the cost borne by the Proposer receiving an award.
The Performance and Payment Bonds shall be underwritten by a surety
authorized to do business in the State of Florida and otherwise acceptable to
Owner; provided, however, the surety shall be rated as "A -" or better as to
general policy holders rating and Class V or higher rating as to financial size
category and the amount required shall not exceed 5% of the reported policy
holders' surplus, all as reported in the most current Best Key Rating Guide,
published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New
York 10038.
#15 -6474 Packet Page -1889- 34
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8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is
required to meet. The same Vendor shall provide County with certificates of insurance meeting the
required insurance provisions.
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.
Ljb 6/19/2015
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
Vendor Signature
Print Name
Insurance Agency
Agent Name
Date
Telephone Number
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