Agenda 09/22/2015 Item #16F1 9/22/2015 16.F.1 .
EXECUTIVE SUMMARY
Recommendation to approve Request for Proposal 15-6444 Federal Lobbyist with
Becker & Poliakoff,P.A. and authorize the Chairman to execute the contract after
review by the County Attorney.
OBJECTIVE: To provide federal lobbying services to represent the needs of the
citizens of Collier County.
CONSIDERATION: Collier County must continue to maximize opportunities at the
federal level of government for funding, legislation, programs, initiatives and other
services. Currently, there are a myriad of federal resources, in particular funding that is
appropriated in Washington, D.C. for allocation to local governments for infrastructure
and economic development needs. Many grants are available through federal agencies.
Lobbying services through a firm based in Washington, D.C. affords Collier County
direct and immediate advocacy of the county's federal legislative platform and other
needs as they arise. A federal lobbyist also assures professional and timely representation
of the county with the four members of the Congressional Delegation: Senators Marco
Rubio and Bill Nelson, and Congressmen Mario Diaz-Balart and Curt Clawson.
Matching Collier County needs with available resources at the federal level is an integral
role of the federal lobbyist. Accessibility and accountability are key traits required to
develop a successful contractual relationship.
Accordingly. the Procurement Services Division posted RFP 15-6444 on May 28, 2015
and sent out nine hundred and two (902) email notices as part of the solicitation process.
The due date for responses was June 30, 2015. Twenty-seven (27) firms downloaded the
solicitation and four (4) firms submitted proposals.
A selection committee scored and ranked the proposals, and reached a consensus that
Becker & Poliakoff demonstrated the best credentials and resources to perform the
required scope of work. The committee rankings were as follows:
• Becker & Poliakoff 1
• Holland &Knight 2
• Van Scoyoc Associates 3
• Smith Dawson & Andrews 4
The lobbyist/client manager is aware of the issues facing Southwest Florida and is
especially knowledgeable about Collier County's most important priorities. Staff
recommends awarding a fixed term contract with Becker and Poliakoff, P.A.
FISCAL IMPACT: The annual cost of the contract is approximately S105.000. These
funds are available in the General Fund (001).
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GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this executive summary.
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 approves Request
for Proposal 15-6444 Federal Lobbyist with Becker & Poliakoff, P.A. and authorizes the
Chairman to execute the contract after review by the County Attorney.
Prepared by: Debbie Wight, Legislative Affairs Coordinator
Amy Patterson, Director, Capital Project Planning, Impact Fees
and Program Management, GMD
Attachments: 1)Proposed Contract
2) Federal Lobbyist Final Rank
3) Federal Lobbyist Solicitation
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.F.16.F.1.
Item Summary: Recommendation to approve Request for Proposal 15-6444 Federal
Lobbyist with Becker & Poliakoff, P.A. and authorize the Chairman to execute the contract after
review by the County Attorney.
Meeting Date: 9/22/2015
Prepared By
Name: PattersonAmy
Title: Division Director-IF, CPP&PM, Growth Management Department
9/8/2015 9:58:17 AM
Approved By
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 9/8/2015 3:04:55 PM
Name: PuigJudy
Title: Operations Analyst, Growth Management Department
Date: 9/8/2015 3:05:09 PM
Name: MarkiewiczJoanne
Title: Division Director-Procurement Services, Administrative Services Department
Date: 9/9/2015 10:18:06 AM
Name: HerreraSandra
Title: Manager-Procurement, Administrative Services Department
Date: 9/9/2015 10:55:49 AM
Name: CummingsRhonda
Title: Procurement Specialist, Administrative Services Department
Date: 9/10/2015 11:49:52 AM
Name: JohnsonScott
Title: Manager-Procurement, Administrative Services Department
Date: 9/10/2015 1:13:02 PM
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Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 9/10/2015 5:24:04 PM
Name: MarcellaJeanne
Title: Executive Secretary, Growth Management Department
Date: 9/11/2015 8:05:03 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/11/2015 8:19:10 AM
Name: IsacksonMark
Title: Division Director-Corp Fin &Mgmt Svc, Office of Management&Budget
Date: 9/11/2015 10:44:53 AM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 9/11/2015 11:14:16 AM
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Contract 15-6444
Federal Lobbyist Services
SERVICE PROVIDER AGREEMENT
THIS SERVICE PROVIDER AGREEMENT is made and entered into this day of_
20_, by and between the Board of County Commissioners for Collier County, Florida, a
political subdivision of the State of Florida (hereinafter referred to as the "COUNTY") and
Becker & Poliakoff, P.A. whose address is 1275 K Street, Northwest, Suite 850, Washington,
DC and authorized to do business in the State of Florida, and whose business address is 4001
Tamiami Trail North, Suite 410, Naples, FL 34103 (hereinafter referred to as the "PROVIDER").
WITNESS ET H:
WHEREAS, it is in the best interest of the COUNTY to obtain Lobbyist Services of said
PROVIDER, said services being more fully described in Exhibit A, "Scope of Services," which is
attached hereto and incorporated herein; and
WHEREAS, the PROVIDER has submitted a proposal in response to the COUNTY'S
Request for Proposal No. 15-6444, which is incorporated herein as reference, for provision of
those services; and,
WHEREAS, the PROVIDER hereby certifies that it has been granted and possesses
valid, current licenses to do business in the State of Florida and in Collier County, Florida,
issued by the respective State Board and government agencies responsible for regulating
and licensing the services to be provided and performed by the PROVIDER pursuant to this
Agreement; and,
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WHEREAS, the PROVIDER has reviewed the services required pursuant to this
Agreement and is qualified, willing and able to provide and perform all such services in
accordance with the provisions, conditions and terms hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties hereto agree as follows:
ARTICLE 1
PROVIDERS RESPONSIBILITY - SCOPE OF SERVICES
The PROVIDER hereby agrees to provide and perform the Services required as set forth in
EXHIBIT "A," entitled "SCOPE OF SERVICES," which is attached hereto and made a part of
this Agreement.
ARTICLE 2
DEFINITIONS
2.1 COUNTY shall mean the Board of County Commissioners of Collier County, a political
subdivision of the State of Florida, and all officials and employees.
2.2 PROVIDER shall mean the individual, firm or entity offering services which, by
execution of this Agreement, shall be legally obligated, responsible, and liable for providing
and performing any and all of the services, work and materials, including services and/or the
work of Sub-Providers/Consultants, required under the covenants, terms and provisions
contained in this Agreement.
2.3 SERVICES shall mean all services, work, materials, and all related professional,
technical and administrative activities that are necessary to perform and complete the services
required pursuant to the terms and provisions of this Agreement.
2.4 ADDITIONAL SERVICES shall mean any additional services that the COUNTY may
request and authorize, in writing, which are not included in the Scope of Services as set forth
in Article 1 above.
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2.5 CHANGE ORDER OR AMENDMENT shall mean a written document executed by
both parties to this Agreement setting forth such changes as may be requested and
authorized in writing by the COUNTY.
ARTICLE 3
OBLIGATIONS OF THE PROVIDER
The obligations of the PROVIDER with respect to all the Basic Services and Additional
Services authorized pursuant to this Agreement shall include, but not be limited to the
following:
3.1 LICENSES. The PROVIDER agrees to obtain and maintain throughout the terms of
this Contract all such licenses as are required to do business in the State of Florida and in
Collier County, Florida, including, but not limited to, licenses required by the respective State
Boards and other governmental agencies responsible for regulating and licensing the services
provided and performed by the PROVIDER.
3.2 QUALIFIED PERSONNEL. The PROVIDER agrees that when the services to be
provided and performed relate to a professional service(s) which, under Florida Statutes,
requires a license, certificate of authorization, or other form of legal entitlement to practice
such services, to employ and/or retain only qualified personnel to be in charge of all Basic
Services and Additional Services to be provided pursuant to this Agreement.
3.3 STANDARDS OF PROFESSIONAL SERVICE. The PROVIDER agrees to provide and
perform all services pursuant to this Agreement in accordance with generally accepted
standards of professional practice and in the State of Florida, in accordance with the laws,
statutes, ordinances, codes, rules, regulations and requirements of governmental agencies
which regulate or have jurisdiction over the services to be provided and/or performed by the
PROVIDER hereunder, the Local Government Prompt Payment Act (218.735 and 218.76 F.S.),
as amended, and the Florida Public Records Law Chapter 119, including specifically those
contractual requirements at F.S. § 119.0701(2)(a)-(d) and (3) as follows:
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(2) in addition to other contract requirements provided by law, each public
agency contract for services must include a provision that requires the contractor
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.
(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 contractor 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.
3.4 CORRECTION OF ERRORS, OMISSIONS OR OTHER DEFICIENCIES.
3.4.1 Responsibility to Correct. The PROVIDER agrees to be responsible for the
professional quality, technical adequacy and accuracy, timely completion, and the
coordination of all data, studies, reports, memoranda, other documents and services, work
and materials performed, provided, and/or furnished by PROVIDER. The PROVIDER shall,
without additional compensation, correct or revise any errors, omissions or other deficiencies
in such data, studies and other services, work and materials resulting from the negligent act,
errors or omissions or intentional misconduct of PROVIDER.
3.4.2 County's Approval Shall Not Relieve Provider of Responsibility. Neither review,
approval, nor acceptance by the COUNTY of data, studies, reports, memoranda, and
incidental professional services, work and materials furnished hereunder by the PROVIDER,
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shall in any way relieve PROVIDER of responsibility for the adequacy, completeness and
accuracy of its services, work and materials. Neither the COUNTY'S review, approval or
acceptance of, nor payment for, any part of the PROVIDER'S services, work and materials
shall be construed to operate as a waiver of any of the COUNTY'S rights under this
Agreement, or any cause of action it may have arising out of the performance of this
Agreement.
3.5 NOT TO DIVULGE CERTAIN INFORMATION. PROVIDER agrees, during the term of
this Agreement, not to divulge, furnish or make available to any third person, firm, or
organization, without the COUNTY'S prior written consent, or unless incident to the proper
performance of PROVIDER'S obligations hereunder. or as provided for or required by law, or
in the course of judicial or legislative proceedings where such information has been properly
subpoenaed; any non-public information concerning the services to be rendered by
PROVIDER, AND PROVIDER shall require all of its employees and sub-PROVIDER(s) to
comply with the provisions of this paragraph.
3.6 RESPONSIBILITY FOR ESTIMATES. In the event the services required pursuant to
this Agreement include the PROVIDER preparing and submitting to the COUNTY any cost
estimates, the PROVIDER, by exercise of his experience and judgment shall develop its best
cost estimates and shall be held accountable, responsible and liable for the accuracy,
completeness, and correctness of any and all such cost estimates to the extent provided
hereafter.
3.7 ADDITIONAL SERVICES. Should the COUNTY request the PROVIDER to provide and
perform professional services under this contract which are not set forth in EXHIBIT "A," the
PROVIDER agrees to provide and perform such ADDITIONAL SERVICES as may be agreed
to in writing by both parties to this Agreement.
ADDITIONAL SERVICES shall be administered and executed as "CHANGE ORDERS"
under the Agreement. The PROVIDER shall not provide or perform, nor shall the COUNTY
incur or accept any obligations to compensate the PROVIDER for any ADDITIONAL
SERVICES, unless the parties shall execute a written CHANGE ORDER. Each such
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CHANGE ORDER shall set forth a description of (1) the Scope of the ADDITIONAL
SERVICES requested; (2) the basis of compensation; and (3) the period of time and/or
schedule for performing and completing the ADDITIONAL SERVICES.
ARTICLE 4
COMPENSATION AND METHOD OF PAYMENT
4.1 BASIC SERVICES. The COUNTY shall pay the PROVIDER for all requested and
authorized basic services rendered hereunder by the PROVIDER and completed in
accordance with the requirements, provisions, and/or terms of this Agreement as set forth in
Exhibit "B" which is attached hereto and made a part of this Agreement. Total annual
compensation shall be One Hundred Five Thousand Dollars and 001100 ($105,000),
payable in monthly lump sum payments, and said annual, and shall not exceed, without prior
written approval from the County Manager, or his designee.
4.2 ADDITIONAL SERVICES. The COUNTY shall pay the PROVIDER for all ADDITIONAL
SERVICES as have been requested and authorized by the COUNTY and agreed to in
writing by both parties to this Agreement, and according to the terms for compensation and
payment of said ADDITIONAL SERVICES as set forth in Section 3.8.
4.3 METHOD OF PAYMENT.
4.3.1 Monthly Statement. The PROVIDER shall be entitled to submit no more than
one invoice statement to the COUNTY each calendar month covering services rendered and
completed during the preceding calendar month. The PROVIDER'S invoice statement(s) shall
be itemized to correspond, to the basis of compensation as set forth in the Agreement or
CHANGE ORDER(S). The PROVIDER'S invoice statements shall contain a breakdown of
charges, description of service(s) and work provided and/or performed, and, where
appropriate, supportive documentation of charges consistent with the basis of compensation
set forth in the Agreement or in CHANGE ORDER(S).
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4.3.2 Payment Schedule. The COUNTY shall pay the PROVIDER for the
performance of this Agreement upon completion of the work as accepted and approved by
the County Manager or his designee pursuant to Exhibit "B," hereto attached and
incorporated herein by reference. Payment will be made upon receipt of a proper invoice and
in compliance with Section 218.70 F.S. otherwise known as the "Local Government Prompt
Payment Act."
4.4 PAYMENT WHEN SERVICES ARE TERMINATED AT THE CONVENIENCE OF THE
COUNTY. In the event of termination of this Agreement at the convenience of the COUNTY,
the COUNTY shall compensate the PROVIDER for: (1) all services performed prior to the
effective date of termination; (2) reimbursable expenses then due; and (3) reasonable
expenses incurred by the PROVIDER in affecting the termination of services and work, and
incurred by the submittal to the COUNTY of any documents.
4.5 PAYMENT WHEN SERVICES ARE SUSPENDED. In the event the COUNTY
suspends the PROVIDER'S services or work on all or part of the services required by this
Agreement, the COUNTY shall compensate the PROVIDER for all services performed prior
to the effective date of suspension and reimbursable expenses then due and any reasonable
expenses incurred or associated with, or as a result of such suspension.
4.6 NON-ENTITLEMENT TO ANTICIPATED FEES IN THE EVENT OF SERVICE
TERMINATION, SUSPENSION, ELIMINATION, CANCELLATION AND/OR DECREASE IN
SCOPE OF SERVICES. In the event the services required pursuant to this Agreement are
terminated, eliminated, canceled, or decreased due to: (I) termination; (2) suspension in
whole or in part; and (3) and/or are modified by the subsequent issuance of CHANGE
ORDER(S), the PROVIDER shall not be entitled to receive compensation for anticipated
professional fees, profit, general and administrative overhead expenses or for any other
anticipated income or expense which may be associated with the services which are
terminated, suspended, eliminated, cancelled or decreased.
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ARTICLE 5
TERM AND SCHEDULE OF PERFORMANCE
5.1 AGREEMENT TERM. The term of this Agreement shall be for a period of twelve (12)
months for the initial term, with the option of renewal for three (3) additional one (1) year
renewals, effective upon Board approval.
5.2 NOTICE TO PROCEED. Following the execution of this Agreement by both parties,
and after the PROVIDER has complied with the insurance requirements set forth hereinafter,
the COUNTY shall issue the PROVIDER a WRITTEN NOTICE TO PROCEED. Following the
issuance of such NOTICE TO PROCEED the PROVIDER shall be authorized to commence
work and the PROVIDER thereafter shall commence work promptly and shall carry on all
such services and work as may be required in a timely and diligent manner to completion.
5.3 PROVIDER WORK SCHEDULE. The PROVIDER shall be required as a condition of
this Agreement to prepare and submit to the COUNTY, on a monthly basis, commencing with
the issuance of the NOTICE TO PROCEED, a PROVIDER'S WORK SCHEDULE. The
WORK SCHEDULE shall set forth the time and manpower scheduled for all of the various
tasks required to provide, perform and complete all of the services and work required for
completion of the various tasks of the project services as set forth in EXHIBIT "A," pursuant
to this Agreement in such a manner that the PROVIDER'S planned and actual work progress
can be readily determined. The PROVIDER'S WORK SCHEDULE of planned and actual work
progress shall be updated and submitted by the PROVIDER to the COUNTY on a monthly
basis.
Should the PROVIDER be obstructed or delayed in the prosecution or completion of its
obligations under this Agreement as a result of causes beyond the control of the PROVIDER,
or its sub-consultant(s) and/or sub- PROVIDER(s), and not due to their fault or neglect, the
PROVIDER shall notify the COUNTY, in writing, within five (5) calendar days after the
commencement of such delay, stating the cause(s) thereof and requesting an extension of
the PROVIDER'S time of performance.
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Upon receipt of the PROVIDER'S request for an extension of time, the COUNTY shall grant
the extension if the COUNTY determines the delay(s) encountered by the PROVIDER, or its
sub-consultant(s) and/or sub-PROVIDER(s), is due to unforeseen causes and not
attributable to their fault or neglect.
5.4 FAILURE TO PERFORM IN A TIMELY MANNER. Should the PROVIDER fail to
commence, provide, perform, and/or complete any of the services and work required
pursuant to this Agreement in a timely and diligent manner, the COUNTY may consider such
failure as justifiable cause to terminate this Agreement. As an alternative to termination, the
COUNTY at its option may, upon written notice to the PROVIDER, withhold any or all
payments due and owing to the PROVIDER, not to exceed the amount of the compensation
for the work in dispute, until such time as the PROVIDER resumes performance of his
obligations in such a manner as to get back on schedule in accordance with the time and
schedule of performance requirements as set forth in this Agreement.
ARTICLE 6
SECURING AGREEMENT
The PROVIDER warrants that the PROVIDER has not employed or retained any company or
person other than a bona fide employee working solely for the PROVIDER to solicit or secure
this Agreement and that the PROVIDER has not paid or agreed to pay any person, company,
corporation or firm other than a bona fide employee working solely for the PROVIDER any
fee, commission, percentage, gift, or any other consideration contingent upon or resulting
from the award or making of this Agreement.
ARTICLE 7
ASSIGNMENT TRANSFER AND SUB-CONTRACTS,
The PROVIDER shall not assign or transfer any of its rights, benefits or obligations
hereunder, except for transfers that result from: (1) the merger or consolidation of PROVIDER
with a third party; or (2) the disestablishment of the PROVIDER'S professional practice and
the establishment of the successor PROVIDER. Nor shall the PROVIDER sub-contract any of
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its service obligations hereunder to third parties without prior written approval of the
COUNTY. The PROVIDER shall have the right, subject to the COUNTY'S prior written
approval, to employ other persons and/or firms to serve as sub-PROVIDERS to PROVIDER
in connection with the PROVIDER performing services and work pursuant to the
requirements of this Agreement.
ARTICLE 8
APPLICABLE LAW
The laws, rules and regulations of the State of Florida, or the laws, rules and regulations of
the United States, shall govern this Agreement when providing services funded by the United
States government.
ARTICLE 9
NON-DISCRIMINATION
The PROVIDER for itself, its successors in interest, and assigns, as part of the consideration
thereof, does hereby covenant and agree that in the furnishing of services to the COUNTY
hereunder, no person on the grounds of race, color, national origin, handicap, or sex shall be
excluded from participation in, denied the benefits of, or otherwise be subjected to
discrimination. Should PROVIDER authorize another person with the COUNTY'S prior
written consent, to provide services to the COUNTY hereunder, PROVIDER shall obtain from
such person a written agreement pursuant to which such person shall, with respect to the
services which he is authorized to provide, undertake for himself the obligations contained in
this Section.
ARTICLE 10
INDEMNIFICATION
To the maximum extent permitted by law, PROVIDER shall indemnify and hold harmless
theCOUNTY, 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 PROVIDER or
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anyone employed or utilized by the PROVIDER 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.
ARTICLE 11
INSURANCE
11.1 PROVIDER shall obtain and carry, at all times during its performance under the Contract
Documents, insurance of the types and in the amounts described herein and further set forth in
Schedule C to this Agreement.
11.2 All insurance shall be from responsible companies duly authorized to do business in the
State of Florida.
11.3 Insurance policies required by this Agreement shall include the following provisions and
conditions by endorsement to the policies:
11.3.1 Collier County must be named as Additional Insured on the Insurance
Certificate for Commercial General Liability where required.
11.3.2 Companies issuing the insurance policy or policies shall have no recourse
against the COUNTY for payment of premiums or assessments for any deductibles which all are
at the sole responsibility and risk of PROVIDER.
11.3.3 All insurance coverage's of PROVIDER shall be primary to any insurance or self
insurance program carried by the COUNTY, and the "Other insurance" provisions of any policies
obtained by PROVIDER shall not apply to any insurance or self-insurance program carried by
the COUNTY.
11.3.4 The Certificates of Insurance, which are to be provided in an Occurrence Form
patterned after the current I.S.O. form with no limiting endorsements, must reference and
identify this Agreement.
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11.3.5 All insurance policies shall be fully performable in Collier County, Florida, and
shall be construed in accordance with the laws of the State of Florida.
11.4 PROVIDER, its sub PROVIDERs and the COUNTY shall waive all rights against each
other for damages covered by insurance to the extent insurance proceeds are paid and received
by the COUNTY, except such rights as they may have to the proceeds of such insurance held
by any of them.
11.5 All insurance companies from whom PROVIDER obtains the insurance policies required
hereunder must meet the following minimum requirements:
11.5.1 The insurance company must be duly licensed and authorized by the
Department of insurance of the State of Florida to transact the appropriate insurance business
in the State of Florida.
11.5.2 The insurance company must have a current A. M. Best financial rating of
"Class VI" or higher.
ARTICLE 12
INSURANCE COVERAGES REQUIRED
12.1 The PROVIDER shall obtain and maintain the following insurance coverage's:
12.1.1 WORKERS' COMPENSATION. Coverage to comply for all employees
for Statutory Limits of Florida Statutes, Chapter 440 and all Federal laws. In addition,
the policy shall include the following:
a) Employer's Liability with a single limit per $100,000 per occurrence.
12.1.2 COMMERCIAL GENERAL LIABILITY. Coverage must be afforded on a
form no more restrictive than the latest edition of the Commercial General Liability Policy
filed by the Insurance Services Office and shall include the following:
a) Minimum limits of $1,000,000 single limit per occurrence and
$2,000,000 aggregate for Liability and Property Damage Liability. This shall include
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Premises and Operations; Independent Contractors; Products and Completed Operations and
Contractual Liability.
12.1.3 BUSINESS AUTOMOBILE LIABILITY. Coverage must be afforded on a
form no more restrictive than the latest edition of the Business Automobile Liability Policy
filed by the Insurance Services Office and must include the following:
a) Minimum $300,000 each occurrence; Bodily Injury and Property
Damage Liability.
Coverage shall include owned vehicles, hired and non-owned vehicles, and employee non-
ownership.
12.1.4 The Certificate Holder shall be named as Collier County Board of
Collier Commissioners, OR, Board of County Commissioners in Collier County, OR Collier
County Government. 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.
12.1.5 Thirty (30) Days Cancellation Notice is required.
ARTICLE 13
DUTIES AND OBLIGATIONS IMPOSED ON THE PROVIDER
The duties and obligations imposed upon the PROVIDER by this Agreement and the rights
and remedies available hereunder shall be in addition to, and not a limitation of, any
otherwise imposed or available by law or statute.
ARTICLE 14
OWNERSHIP AND TRANSFER OF DOCUMENTS
All documents such as payment records, notes, computer files, evaluations, reports and other
records and data relating to the services specifically prepared or developed by the
PROVIDER under this Agreement shall be the property of the PROVIDER until the
PROVIDER has been paid for performing the services and work required to produce such
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documents. Upon Completion or termination of this Agreement, all of the above documents
to the extent requested by the COUNTY shall be delivered to the COUNTY or to any
subsequent PROVIDER within thirty (30) calendar days. The PROVIDER, at its expense,
may make and retain copies of all documents delivered to the COUNTY for reference and
internal use.
ARTICLE 15
MAINTENANCE OF RECORDS
The PROVIDER will keep and maintain adequate records and supporting documentation
applicable to all of the services, work, information, expense, costs, invoices and materials
provided and performed pursuant to the requirements of this Agreement. Said records and
documentation will be retained by the PROVIDER for a minimum of five (5) years from the
date of termination of this Agreement, or for such period as required by law.
The COUNTY and its authorized agents shall, with reasonable prior notice, have the right to
audit, inspect and copy all such records and documentation as often as the COUNTY deems
necessary during the period of this Agreement, and during the period as set forth in the
paragraph above; provided, however, such activity shall be conducted only during normal
business hours of the PROVIDER and at the expense of the COUNTY.
ARTICLE 16
HEADINGS
The headings of the Articles, Sections, Exhibits, and Attachments as contained in this
Agreement are for the purpose of convenience only and shall not be deemed to expand, limit
or change the provisions contained in such Articles, Section, Exhibits and Attachments.
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ARTICLE 17
ENTIRE AGREEMENT
This Agreement, including the referenced Exhibits and Attachments, constitutes the entire
Agreement between the parties and shall supersede all prior agreements or understandings,
written or oral, relating to the matters set forth herein.
ARTICLE 18
NOTICES AND ADDRESS
18.1 NOTICES BY PROVIDER TO COUNTY All notices required and/or made pursuant to
this agreement to be given to the PROVIDER to the COUNTY shall be in writing and shall be
given by the United States Postal Service or faxed to the following COUNTY address of
record:
Collier County Manager's Office
3299 Tamiami Trail East, Suite 202
Naples, FL 34112
Attention: Leo Ochs, County Manager
Fax: 239-252-4010
18.2 NOTICES BY AUTHORITY TO PROVIDER All notices required and/or made pursuant
to this Agreement to be given by the COUNTY to the PROVIDER shall be made in writing
and shall be given by the United States Postal Service or faxed to the following PROVIDER'S
address of record:
Becker& Poliakoff, P.A.
1275 K Street, N.W., Suite 850
Washington, DC 20005
Attn: Amanda Wood
Tel: 202-207-6863
18.3 CHANGE OF ADDRESS. Either party may change its address and/or fax number by
written notice to the other party given in accordance with the requirements of this Article.
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ARTICLE 19
TERMINATION
This Agreement may be terminated by the COUNTY at its convenience, or due to the fault of
the PROVIDER, by giving thirty (30) calendar days written notice to the PROVIDER.
The Provider may request that this Agreement be terminated by submitting a written notice
to the COUNTY dated not less than thirty (30) calendar days prior to the requested
termination date and stating the reason(s) for such a request. However, the COUNTY
reserves the right to accept, or not accept the termination request submitted by the
PROVIDER, and no such termination request submitted by the PROVIDER shall become
effective until PROVIDER is notified, in writing, by the COUNTY of its acceptance. If the
PROVIDER is adjudged bankrupt or insolvent; if it makes a general assignment for the benefit
of its creditors; if a trustee or receiver is appointed for the PROVIDER or for any of its
property; or if it files a petition to take advantage of any debtor's act or to reorganize under
the bankruptcy or similar laws; or if it disregards the authority of the COUNTY'S designated
representatives; or if it otherwise violates any provisions of this Agreement; or for any other
just cause, the COUNTY may, without prejudice to any other right or remedy, and after giving
the PROVIDER written notice, terminate this Agreement.
ARTICLE 20
MODIFICATIONS
Any modifications to this Agreement shall be in compliance with the County Purchasing
Policy and Administrative Procedures in effect at the time such modifications are
authorized. Modifications to the terms and provisions of this Agreement shall only be valid
when issued in writing. in the event of any conflicts between the requirements, provisions,
and/ or terms of this Agreement and any written contract modifications(s), the contract
modification(s) shall take precedence.
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ARTICLE 21
ACCEPTANCE,
Acceptance of this Agreement shall be indicated by the signature of the duly authorized
representative of the parties in the space provided.
ARTICLE 22
CONFLICT OF INTEREST
22.1 As a condition of this AGREEMENT, PROVIDER 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. PROVIDER must also include the following information:
22.1.1 Provide full disclosure of information on any work performed for private interests
within the past two (2) years, which may be in conflict with the work to be performed for the
COUNTY under this contract, especially work that is not yet completed.
22.1.2 Declaration of commitment not to pursue any private sector work within the limits
of the COUNTY contract or directly affected by the COUNTY contract.
22.2 PROVIDER 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. PROVIDER further represents that no persons having any
such interest shall be employed to perform those services.
ARTICLE 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 PROVIDER
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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 shall be attended by representatives of PROVIDER 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.
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.
ARTICLE 24
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.
ARTICLE 25
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 Ill, 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,
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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.
ARTICLE 26
IMMIGRATION LAW COMPLIANCE
By executing and entering into this agreement, the PROVIDER is formally acknowledging
without exception or stipulation that it is 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 PROVIDER 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.
**************
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IN WITNESS WHEREOF, the parties hereto have executed this Service Provider
Agreement for Federal Lobbyist Services the day and year first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
Dwight E. Brock, Clerk
By:
By:
Tim Nance, Chairman
Becker& Poliakoff, P.A.
By:
Witness
Name and Title Name and Title
Witness
Name and Title
Approved as to Form and Legality:
Assistant County Attorney
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EXHIBIT A
SCOPE OF SERVICES
GENERAL SCOPE OF BASIC SERVICES:
The Provider shall perform and deliver the following professional lobbying services and assist the
Collier County Board of Commissioners with obtaining the following objectives:
1. Providing for continuous federal representation of the Collier County Board of County
Commissioners in Washington, D.C., by a Washington, D.C.-based lobbyist / client manager, to
ensure the County's positions are represented and issues are addressed.
2. Identifying and securing federal opportunities for the Collier County community in funding,
programs, services and legislation that contribute to the overall betterment of Collier County.
In addition, the Provider shall provide the following services, including but not limited to:
1. Consult with members of the Board of County Commissioners (the Board or the County) in
individual meetings with the County's legislative affairs coordinator (County Manager, or
designee), prior to the year-round federal legislative cycle to determine specific individual
priorities and positions to reflect in development of the Collier County Federal Legislative Agenda;
2. Understand and articulate the County's legislative priorities;
3. Represent the approved County's positions and provide appropriate representation/advisement
and guidance of Collier County interests;
4. Advocate to the Congressional Delegation in Washington, D.C. the County's approved Federal
Legislative Agenda, produced on an annual basis;
5. Be available to travel from Washington to Collier County for meetings and presentations at least
five (5) to six (6) times per year;
6. Be readily accessible, reliable and responsive to the needs of the County;
7. Continually abide by high standards of ethical conduct and honesty;
8. Recommend timely lobbying efforts in upcoming federal legislative cycle to achieve Collier
agenda goals;
9. Monitor and advise the County, and its leadership team through the County Manager, or
designee, of any legislation which would affect Collier County in either a positive or negative
manner, and provide lobbying recommendations on strategy, approach, course of action;
Standard reports and coordination requirements: The Provider shall be required to perform
the following tasks in an effort to provide seamless communication of Collier Count's interest:
a. Provide weekly reports by 12 Noon EST each Friday; and,
b. Provide monthly reports by the close of business on the 15th of each calendar month. In
instances where the 1591 falls on a weekend, the report shall be due the Friday prior to
the 15th day.
The Provider may be granted an extended deadline in writing by the assigned County Manager,
or designee. The County reserves the right to modify these requirements for reporting on an as
needed basis.
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10.Ensure consistent weekly follow-up on issues and inquiries posed by Commissioners and the
County administration. Once an issue is addressed County staff may authorize to have an item
moved to the monthly status report.
11.Provide standard written reports (authored by Client manager) on Collier-specific issues and
priorities that are complete and comprehensive, including federal news, updates and activities
that are of major importance to Collier County.
12.Provide "white papers" on unexpected issues that may arise which call for special "alerts" to the
County coordinator who will share with appropriate management and key legislative staff, and
respond if requested by the County.
13.Coordinate and communicate bi-weeklv with the assigned County Manager, or designee by
telephone and/or email directly to provide verbal update on activities of the previous week.
14.Assist the County Manager, or designee as directed by contacting and organizing Congressional
member visits to specific areas in the County and schedule on-site meetings and coordinate tours
of project areas.
15.Inform the County Manager, or designee, or other identified staff, of federal resources available
and funding opportunities for County's priorities;
16.Monitor agency rule-making permitting processes on federal level and alert the County
coordinator and staff on action needed to implement and/or achieve compliance with legislation in
a most effective and efficient manner.
The County will not be restricted to utilizing, on an exclusive basis, the services of the contracted
state lobbying firm. The County may, at times, need additional specialized lobbying services, which
will be solicited on an independent basis.
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EXHIBIT B
Collier County Fee Schedule
RFP 15-6444
"Federal Lobbyist Services"
The COUNTY shall compensate the PROVIDER for providing and performing the
basic services in EXHIBIT "A", entitled "SCOPE OF SERVICES", as follows:
Task Title
Lobbyist Services as outlined in Exhibit"A", Scope of Services
Task Title Fee
Lobbyist Services as outlined in Exhibit"A", $105,000 annually and paid in monthly
Scope of Services lump sum installment payments
• There shall be no additional charges for changes in Collier County's proprieties
or broadening of the Federal lobbying scope.
• Compensation shall be inclusive and shall be full compensation for all services,
with the exception of travel expenses.
• The Compensation for services performed under the provisions of this
Agreement shall include the cost of all materials, equipment, supplies and out-of-
pocket expenses incurred in the performance of all such services.
• Travel shall be pre-approved by the County Manager, or designee, and paid in
accordance with Section 112.061, Florida Statute, outside of Lee and Collier
Counties.
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Federal Lobbyist Services
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REQUEST FOR PROPOSAL
Cofer Covinty
Administrative Services Department
Proctiren lent Sei..tces Division
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
solicitation 15-6444 Federal Lobbyist Services
Scott Johnson, Procurement Manager
239-252-8995 (Telephone)
239-252-6588 (Fax)
scottjohnson @colliergov.net (Email)
This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document
made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any
other legal remedies available to the Collier County Government.
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Table of Contents
LEGAL NOTICE 3
EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT 4
REFERENCE QUESTIONNAIRE 12
EXHIBIT II: GENERAL RFP INSTRUCTIONS 16
EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS 20
EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP 24
ATTACHMENT 1: VENDOR'S NON-RESPONSE STATEMENT 33
ATTACHMENT 2: VENDOR CHECK LIST 34
ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT 35
ATTACHMENT 4: VENDOR DECLARATION STATEMENT 36
ATTACHMENT 5: AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS 38
ATTACHMENT 6: IMMIGRATION AFFIDAVIT CERTIFICATION 39
ATTACHMENT 7: VENDOR SUBSTITUTE W—9 40
ATTACHMENT 8: INSURANCE AND BONDING REQUIREMENTS 41
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C,ortier County
Administrative Services Department
Procurement Services Division
Legal Notice
Sealed Proposals to provide Federal Lobbyist Services will be received until 2:30 PM Naples local
time, on June 30, 2015 at the Collier County Government, Purchasing Department, 3327 Tamiami
Trail E, Naples, FL 34112.
Solicitation
15-6444 Federal Lobbyist Services
Services to be provided may include, but not be limited to the following:.
A non-mandatory pre-proposal conference will be held on June 10, 2015, commencing promptly at
10:00 AM, and will be held in the Purchasing Department Conference Room, Collier County
Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. If this pre-proposal
conference is denoted as "mandatory," prospective Vendors must be present in order to submit a
proposal response.
All statements shall be made upon the official proposal form which may be obtained on the Collier
County Purchasing Department Online Bidding System website: www.colliergov.net/bid.
Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability
or marital status.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
BY: /S/ Joanne Markiewicz
Director, Procurement Services
This Public Notice was posted on the Collier County Purchasing Department website:
www.colliergov.net/purchasing and in the Lobby of Purchasing Building "G" Collier County
Government Center on May 28, 2015.
6)e-
x ,._wtmc.t _r i,itnm i,z, E.n. r1,,;••,
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Exhibit I: Scope of Work, Specifications and Response Format
As requested by the Collier County County Manager's office (hereinafter, the "Division or
Department"), the Collier County Board of County Commissioners Procurement Services Division
(hereinafter, "County") has issued this Request for Proposal (hereinafter, "RFP") with the intent of
obtaining proposals from interested and qualified Consultants in accordance with the terms,
conditions and specifications stated or attached. The Consultant, at a minimum, must achieve the
requirements of the Specifications or Scope of Work stated.
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 purpose of this procurement is to secure the services of a firm that will provide Collier County
lobbying services at the Federal government level. Historically, the County has spent
approximately one hundred thousand ($100,000) dollars annually.
Background
The Federal Lobbyist is responsible for advocating and addressing issues regarding funding,
legislation and services on behalf of the Collier County community.
Detailed Scope of Work
The successful firm shall perform and deliver the following professional lobbying services and
assist the Collier County Board of Commissioners with obtaining the following objectives:
1. Providing for continuous federal representation of the Collier County Board of County
Commissioners in Washington, D.C., by a Washington, D.C.-based lobbyist/ client
manager, to ensure the County's positions are represented and issues are addressed.
2. Identifying and securing federal opportunities for the Collier County community in funding,
programs, services and legislation that contribute to the overall betterment of Collier
County.
in addition, the firm shaii provide the following services, including but not limited to:
1. Consult with members of the Board of County Commissioners (the Board or the County) in
individual meetings with the County's legislative affairs coordinator (project manager), prior
to the year-round federal legislative cycle to determine specific individual priorities and
positions to reflect in development of the Collier County Federal Legislative Agenda;
2. Understand and articulate the County's legislative priorities;
3. Represent the approved County's positions and provide appropriate
representation/advisement and guidance of Collier County interests;
4. Advocate to the Congressional Delegation in Washington, D.C. the County's approved
Federal Legislative Agenda, produced on an annual basis;
5. Be available to travel from Washington to Collier County for meetings and presentations at
least five (5) to six (6) times per year;
6. Be readily accessible, reliable and responsive to the needs of the County;
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7. Continually abide by high standards of ethical conduct and honesty;
8. Recommend timely lobbying efforts in upcoming federal legislative cycle to achieve Collier
agenda goals;
9. Monitor and advise the County, and its leadership team through the County's project
manager of any legislation which would affect Collier County in either a positive or negative
manner, and provide lobbying recommendations on strategy, approach, course of action;
Standard reports and coordination requirements: The successful firm shall be required
to perform the following tasks in an effort to provide seamless communication of Collier
Count's interest:
a. Provide weekly reports by by 12 Noon EST each Friday; and,
b. Provide monthly reports by the close of business on the 15th of each calendar
month. In instances where the 15th falls on a weekend, the report shall be due the
Friday prior to the 15th day.
The firm may be granted an extended deadline in writing by the assigned County project
manager. The County reserves the right to modify these requirements for reporting on an
as needed basis.
10. Ensure consistent weekly follow-up on issues and inquiries posed by Commissioners and
the County administration. Once an issue is addressed County staff may authorize to have
an item moved to the monthly status report.
11. Provide standard written reports (authored by Client manager) on Collier-specific issues
and priorities that are complete and comprehensive, including federal news, updates and
activities that are of major importance to Collier County.
12. Provide "white papers" on unexpected issues that may arise which call for special "alerts"
to the County coordinator who will share with appropriate management and key legislative
staff, and respond if requested by the County.
13. Coordinate and communicate bi-weekly with the assigned County project manager by
telephone and/or email directly to provide verbal update on activities of the previous week.
14. Assist the County project manager as directed by contacting and organizing Congressional
member visits to specific areas in the County and schedule on-site meetings and
coordinate tours of project areas.
15. Inform the County project manager, or other identified staff, of federal resources available
and funding opportunities for County's priorities;
16. Monitor agency rule-making permitting processes on federal level and alert the County
coordinator and staff on action needed to implement and/or achieve compliance with
legislation in a most effective and efficient manner.
The County will not be restricted to utilizing, on an exclusive basis, the services of the contracted
state lobbying firm. The County may, at times, need additional specialized lobbying services,
which will be solicited on an independent basis.
Term of Contract
The contract term, if an award(s) is/are made is intended to be for one (1) year with the option of
three (3) one (1) year renewal terms.
Fees shall remain firm for the initial term of this contract. Requests for consideration of a fee
adjustment must be made on the contract anniversary date, in writing, to the Procurement
Director. Fee adjustments are dependent upon the consumer price index (CPI) over the past
twelve (12) months, budget availability and project manager approval.
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Surcharges will not be accepted in conjunction with this contract, and such charges should be
incorporated into the pricing structure.
Projected Solicitation Timetable
The following projected timetable should be used as a working guide for planning purposes only.
The County reserves the right to adjust this timetable as required during the course of the RFP
process.
Event Date
Issue Solicitation Notice May 28, 2015
Last Date for Receipt of Written Questions June 22, 2015, 4:00
PM, Naples Local
Time
Preposal meeting June 10, 2015, 10:00
AM, Naples Local
Time and Locations
Addendum Issued Resulting from Written Questions or Pre- TBD
Proposal Conferehce
Solicitation Deadline Date and Time June 30, 2015, 2:30
PM, Naples Local
Time
Anticipated Evaluation of Submittals June 2015
Anticipated Completion of Contract Negotiations June/July 2015
Anticipated Board of County Commissioner's Contract September 2015
Approval Date
Response Format
The Vendor understands and agrees to abide by all of the RFP specifications, provisions, terms
and conditions of same, and all ordinances and policies of Collier County. The Vendor further
agrees that if it is awarded a contract, the work will be performed in accordance with the
provisions, terms and conditions of the contract.
To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the
guidelines set forth in this RFP.
Any portions of the proposal that do not comply with these guidelines must be so noted and
explained in the Acceptance of Conditions section of the proposal. However, any proposal that
contains such variances may be considered non-responsive.
Proposals should be prepared simply and economically, providing a straightforward concise
description of the Vendor's approach and ability to meet the County's needs, as stated in this
RFF. All proposals should be presented as described in this RFP in PDF or Microsoft Word
format with Tabs clearly marked. If outlined in this RFP, the utilization of recycled paper for
proposal submission is strongly encouraged.
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The items listed below shall be submitted with each proposal and should be submitted in the order
shown. Each section should be clearly labeled, with pages numbered and separated by tabs.
Failure by a Vendor to include all listed items may result in the rejection of the proposal.
1. Tab I, Cover Letter/ Management Summary (No more than two (2) pages)
Provide in the format requested:
• A cover letter, signed by an authorized officer of the firm, indicating the underlying
philosophy of the firm in providing the services stated herein.
• Information that briefly states the proposer's understanding of the work to be done.
• Include the name(s), telephone number(s) and email(s) of the authorized contact
person(s) concerning proposal. Submission of a signed Proposal is Vendor's
certification that the Vendor will accept any awards as a result of this RFP.
2. Tab II, Qualifications and Experience (20 points)
Provide information that documents your firm's qualifications and experience to produce the
required deliverables in the format requested. Vendors who do not turn in the materials as
requested will be pre-scored as zero (0).
11. Number of years that the firm, or its principals, has been
in business with a particular emphasis as a federal
lobbyist for local government issues. (number of years)
2. Number of similar local government federal lobbyist
contracts that the company has served as from 1/1/10 —
12/31/14 (5 years).
(number of similar
Provide evidence of at least two local government programs/projects)
• federal lobbyist contracts.
3. Number of legislative efforts where the federal lobbyist
has influenced similar local government contracts
identified in item #2.
(number of legislative
• Provide at least two samples of influential efforts)
legislation.
4. Number of legislative efforts that have resulted in
funding returned to the local government as a result of
efforts identified in item #2 contracts.
(number of legislative
• Provide at least two samples of funding returned to efforts)
the local government.
TOTAL (Add 1 + 2 + 3 + 4) to determine Experience
TOTAL (TOTAL)
In addition, provide the following information about the firm that will not be included in the pre-
scoring, but will be considered by the Selection Committee in their final scores.
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• Provide a statement addressing why the firm believes it is the best qualified to perform
the work.
• Provide a list of government and private clients your firm has on contract through FY
2018, with a description of any potential conflicts of interest between the County and
your firm's other clients.
• Provide an affirmative indication that the firm and all assigned professional staff
possess all licenses registration and certifications required to provide the requested
services in the District of Columbia, State of Florida and Collier County.
Prior to the Selection Committee reviewing proposals, the following methodology will be
applied to each Vendor's information provided in this area:
• The County will total each of the Vendor's responses within this tab and create a ranking
from highest number of points to lowest number of points. Responses marked with an N/A
(or similar notation will be given the score of zero (0)). Vendors who do not turn in the
materials as requested will be pre-scored as zero (0).
• The greatest number of points allowed in this criterion will be awarded to the Vendor who
has the highest score.
• The next highest Vendor's number of points will be divided by the highest Vendor's points
which will then be multiplied by criteria points to determine the Vendor's points awarded.
Each subsequent Vendor's point score will be calculated in the same manner.
• Points awarded will be extended to a whole number (per Microsoft Excel).
For illustrative purposes only, see chart for an example of how these points would be
distributed among the six proposers.
Vendor Total
Vendor Name Qualification and Points Awarded
Experience Score
Vendor ABC 445 20
Vendor DEF 435 20
Vendor GHI 425 19
Vendor JKL 385 17
Vendor MNO 385 17
Vendor PQR 250 11
The points awarded by Vendor will be distributed to the Selection Committee prior to their
evaluation of the proposals. The Selection Committee will review the Vendor's proposal to
ensure consistency and completion of ain t tasks in the RFP, and review the Points Awarded cd per
Vendor. The Selection Committee may, at their sole discretion, contact references, and/or
modify the reference points assigned after a thorough review of the proposal and prior to final
ranking by the final Selection Committee.
3. Tab III, Specialized Expertise of Team Members (20 points)
Provide information that documents your firm's specialized expertise of its team members to
produce the required deliverables. Vendors who do not turn in the materials as requested will
be pre-scored as zero (0).
1. Number of years that the firm's proposed client
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leader/coordinator for Collier County has been engaged (number of years)
in local government federal lobbying efforts.
2. Identify the number of years that the firm's client
leader/coordinator[for this Collier County engagement]
has been with the firm.
(number of years)
• Provide a copy of the individual's resume.
3. Identify all other full time equivalent (FTE) positions may
be involved in the federal lobbying efforts on behalf of
Collier County. FTE's may be expressed from .25, .5,
.75 or 1.0 positions.
(number of FTE
• Provide a copy of resumes of those individuals equivalents)
identified.
4. Of the total number of FTE's identified in item #3 above,
provide the total number of years of experience in
federal lobbying services for local governments. (number of years)
5. Identify the number of hours that the proposing firm
anticipates that its team will dedicate to Collier County (number of annual
legislative lobbying efforts in a year.
hours)
TOTAL (Add 1 + 2 + 3 + 4+ 5) to determine Specialized
Experience TOTAL (TOTAL)
In addition, provide the following information about the expertise of the individuals who may
join in federal lobbyist efforts on behalf of Collier County initiatives; this information will not be
used for pre-scoring, but will be considered by the Selection Committee in their final scores.
• Provide a description of the proposed contract team and the client manager, as well as the
role to be played by each member of the team.
Prior to the Selection Committee reviewing proposals, the following methodology will be
applied to each Vendor's information provided in this area:
• The County will total each of the Vendor's responses within this tab and create a ranking
from highest number of points to lowest number of points. Responses marked with an N/A
(or similar notation will be given the score of zero (0)). Vendors who do not turn in the
materials as requested will be pre-scored as zero (0).
• The greatest number of points allowed in this criterion will be awarded to the Vendor who
has the highest score.
• The next highest Vendor's number of points will be divided by the highest Vendor's points
which will then be multiplied by criteria points to determine the Vendor's points awarded.
Each subsequent Vendor's point score will be calculated in the same manner.
• Points awarded will be extended to a whole number (per Microsoft Excel).
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For illustrative purposes only, see chart for an example of how these points would be
distributed among the six proposers.
Vendor Name Vendor Total Specialized Points Awarded
Expertise Score
Vendor ABC 445 20
Vendor DEF 435 20
Vendor GHI 425 19
Vendor JKL 385 17
Vendor MNO 385 17
Vendor PQR 250 11
The points awarded by Vendor will be distributed to the Selection Committee prior to their
evaluation of the proposals. The Selection Committee will review the Vendor's proposal to
ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per
Vendor. The Selection Committee may, at their sole discretion, contact references, and/or
modify the reference points assigned after a thorough review of the proposal and prior to final
ranking by the final Selection Committee.
4. Tab IV, References (20 points)
In order for the Vendor to be awarded any points for this tab, the County requests that the
Vendor submits three (3) completed reference forms from clients whose projects are of a
similar nature to this solicitation as a part of their proposal on the reference form below. The
County will only use the methodology calculations for the first three (3) references (only)
submitted by the Vendor in their proposal.
Prior to the Selection Committee reviewing proposals, the following methodology will be
applied to each Vendor's information provided in this area:
• The County will total each of the Vendor's five reference questionnaires and create a
ranking from highest number of points to lowest number of points. References marked
with an N/A (or similar notation will be given the score of zero (0)). Vendors who do not
turn in reference forms will be counted as zero (0).
• The greatest number of points allowed in this criterion will be awarded to the Vendor who
has the highest score.
• The next highest Vendor's number of points will be divided by the highest Vendor's points
which will then be multiplied by criteria points to determine the Vendor's points awarded.
Each subsequent Vendor's point score will be calculated in the same manner.
« Points awarded will be extended to a whole number (per Microsoft Excel).
For illustrative purposes only, see chart for an example of how these points would be
distributed among the five proposers.
Vendor Name Vendor Total Reference Points Awarded
Score
Vendor ABC 445 20
Vendor DEF 435 20
Vendor GHI I 425 19
Vendor JKL 385 17
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Vendor MNO 385 17
Vendor PQR 250 11
The points awarded by Vendor will be distributed to the Selection Committee prior to their
evaluation of the proposals. The Selection Committee will review the Vendor's proposal to
ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per
Vendor. The Selection Committee may, at their sole discretion, contact references, and/or
modify the reference points assigned after a thorough review of the proposal and prior to final
ranking by the final Selection Committee.
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Cotner Coin ty
Administrative Services Department
Procurement Services Division
Reference Questionnaire
Solicitation: 15-6444 Federal Lobbyist
Reference Questionnaire for:
(Name of Company Requesting Reference Information)
(Name of Individuals Requesting Reference Information)
Name: Company:
(Evaluator completing reference questionnaire) (Evaluator's Company)
Email: FAX: Telephone:
Collier County is implementing a process that collects reference information on firms and their key personnel to
be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above
has listed you as a client for which they have previously performed work. Please complete the survey. Please
rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very
satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would
never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular
area, leave it blank and the item or form will be scored "0."
Contract Description: Start Date:
Contract Annual Budget: End Date:
Item Citeria Score
1 Ability to manage the contract costs (minimize change orders to scope).
2 Ability to maintain contract lobby schedule (complete on-time or early).
3 Quality of work.
4 Quality of consultative advice provided on the contract.
5 Professionalism and ability to manage personnel.
6 Project administration (completed documents, final invoice, final product turnover;
invoices; manuals or going forward documentation, etc.)
7 Ability to verbally communicate and document information clearly and succinctly.
8 Abiltity to manage risks and unexpected contract circumstances.
9 Ability to follow contract documents, policies, procedures, rules, regulations, etc.
10 Overall comfort level with hirin• the com•an in the future customer satisfaction .
r TOTAL SCORE OF ALL ITEMS
Please FAX this completed survey to: By
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5. Tab V, Cost of Services to the County (20 points)
Provide information that documents your firm's proposed annual cost of services to produce
the required deliverables identified in this solicitation. Vendors who do not turn in the materials
as requested will be pre-scored as zero (0).
1. Identify the total annual cost for the services outlined in
the solicitation document. Cost should be inclusive and
shall be full compensation for all services.
• Travel expenses should not be included in this
calculation and: (annual dollars for
• Travel will be pre-approved by the County's services)
project manager, and
• Travel will be paid according to expenses
establish by the State of Florida
In addition, provide the following information; this information will not be used for pre-scoring,
but will be considered by the Selection Committee in their final scores.
• Provide hourly fee schedule of principals and staff(including sub-consultants)for
additional services that may be requested by Collier County (and not included in this
solicitation scope of work). This
Prior to the Selection Committee reviewing proposals, the following methodology will be
applied to each vendor's information provided in this area:
• The County shall create a ranking from proposer's lowest dollar to highest dollar.
Proposers who do not turn in responses in this format will not receive any points for
this section.
• The greatest number of points allowed in this criterion will be awarded to the proposer who
has the lowest dollar.
• The highest proposer's number of dollars will be divided by the next highest proposer's
dollars which will then be multiplied by criteria points to determine the proposers points
awarded. Each subsequent proposer's point score will be calculated in the same manner.
• Points awarded will be extended to the first whole number (per Microsoft Excel).
For illustrative purposes only, see chart for an example of how these points would be
distributed among the five proposers.
Vendor Name Vendor Total Cost Points Awarded
Vendor ABC $92,000 20
Vendor DEF 98,000 19
Vendor GHI 98,000 19
Vendor JKL 106,000 17
Vendor MNO 120,000 15
Vendor PQR 140,000 1
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The points awarded by Vendor will be distributed to the Selection Committee prior to their
evaluation of the proposals. The Selection Committee will review the Vendor's proposal to
ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per
Vendor. The Selection Committee may, at their sole discretion, contact references, and/or
modify the reference points assigned after a thorough review of the proposal and prior to final
ranking by the final Selection Committee.
6. Tab VI, Fiscal Stability (10 points)
Provide information that documents your firm's stability to produce the required deliverables
identified in this solicitation. Vendors who do not turn in the materials as requested will be pre-
scored as zero (0).
Index Fiscal Stability Questions Response
1. Indicate the number of times the proposer or their
principals have filed for: bankruptcy, business related
claims, arbitrations, administrative hearings, and lawsuits
that are pending or were filed during the past five year (number)
(January 1, 2009- December 31, 2013).
• Provide a description (including but not limited to those
claims, arbitrations, administrative hearings and
lawsuits that allege negligence, error, or omission,
default, termination, suspension, failure to perform, or
improper performance contract or legal duty.
2. Provide the average number of days the firm pays its
accounts payable transactions. (average
number of
days)
3. Provide the number of external audit "management
comments / letters" received during the past five year (number)
(January 1, 2008- December 31, 2012).
• Provide a copy of all management corm Tents /
letters during that period.
• Provide the previous two (2) years of income
statement, balance sheet and statement of cash
flow.
TOTAL Add items 1 — 3 to determine the proposer's Fiscal
Stability.
The proposer may supplement information regarding this criterion; however, the County will
use the following methodology to score proposals.
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Prior to the Selection Committee reviewing proposals, the following methodology will be
applied to each vendor's information provided in this area:
• The County shall total the proposer's Fiscal Stability and create a ranking from lowest total
to highest total. Proposers who do not turn in responses in this format will not
receive any points for this section.
• The greatest number of points allowed in this criterion will be awarded to the proposer who
has the lowest score.
• The highest proposer's number of points will be divided by the next highest proposer's
points which will then be multiplied by criteria points to determine the proposers points
awarded. Each subsequent proposer's point score will be calculated in the same manner.
• Points awarded will be extended to the first decimal point (per Microsoft Excel).
7. Tab VII, Required Form Submittals
• Attachment 2: Vendor Check List
• Attachment 3: Conflict of Interest Affidavit
• Attachment 4: Vendor Declaration Statement
• Attachment 5: Affidavit for Claiming Status as a Local Business
• Attachment 6: Immigration Affidavit Certification and Department of Homeland
Secuity's E-Verify memorandum of understanding or profile page
• Attachment 7: Vendor Substitute W-9
• Attachment 8: Insurance and Bonding Requirements
• Other: i.e., signed addendum, licenses, etc.
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Exhibit II: General RFP Instructions
1. Questions
Direct questions related to this RFP to the Collier County Purchasing Department Online Bidding
System website: www.colliergov.net/bid. 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 noted on the cover page.
2. Pre-Proposal Conference
The purpose of the pre-proposal conference is to allow an open forum for discussion and
questioning with County staff regarding this RFP with all prospective Vendors having an equal
opportunity to hear and participate. Oral questions will receive oral responses, neither of which will
be official, nor become part of the RFP. Only written responses to written questions will be
considered official, and will be included as part of this RFP as an addendum.
All prospective Vendors are strongly encouraged to attend, as, this will usually be the only pre-
proposal conference for this solicitation. If this pre-proposal conference is denoted as "mandatory",
prospective Vendors must be present in order to submit a proposal response.
3. Compliance with the RFP
Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the
RFP may result in disqualification.
4. Ambiguity, Conflict, or Other Errors in the RFP
It is the sole responsibility of the Vendor if the Vendor discovers any ambiguity, conflict,
discrepancy, omission or other error in the RFP, to immediately notify the Procurement Strategist,
noted herein, of such error in writing and request modification or clarification of the document prior
to submitting the proposal. The Procurement Strategist will make modifications by issuing a written
revision and will give written notice to all parties who have received this RFP from the Purchasing
Department.
5. Proposal, Presentation, and Protest Costs
The County will not be liable in any way for any costs incurred by any Vendor in the preparation of
its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in
any discussions, negotiations, or, if applicable, any protest procedures.
6. Delivery of Proposals
All proposals are to be delivered before 2:30 PM, Naples local time, on or before May 28, 2015
tc:
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
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Attn: Scott Johnson, Procurement Manager
The County does not bear the responsibility for proposals delivered to the Purchasing
Department past the stated date and/or time indicated, or to an incorrect address by
Consultant's personnel or by the Consultant's outside carrier. However, the Procurement
Director, or designee, reserves the right to accept proposals received after the posted close
time under the following conditions:
• The tardy submission of the proposal is due to the following circumstances, which may
include but not be limited to: late delivery by commercial carrier such as Fed Ex, UPS
or courier where delivery was scheduled before the deadline.
• The acceptance of said proposal does not afford any competing firm an unfair
advantage in the selection process.
Vendors must submit one (1) paper copy clearly labeled "Master," and seven (7) disks
(CD's/DVD's) with one copy of the proposal on each disk in Word, Excel or PDF. List the
Solicitation Number and Title on the outside of the box or envelope.
7. Validity of Proposals
No proposal can be withdrawn after it is filed unless the Vendor makes their request in writing to
the County prior to the time set for the closing of Proposals. All proposals shall be valid for a
period of one hundred eighty (180) days from the submission date to accommodate evaluation
and selection process.
8. Method of Source Selection
The County is using the Competitive Sealed Proposals methodology of source selection for this
procurement, as authorized by Ordinance Number 2013-69 establishing and adopting the Collier
County Purchasing Policy.
The County may, as it deems necessary, conduct discussions with qualified Vendors determined
to be in contention for being selected for award for the purpose of clarification to assure full
understanding of, and responsiveness to solicitation requirements.
9. Evaluation of Proposals
The County's procedure for selecting is as follows:
1. The County Manager or designee shall appoint a Selection Committee to review all proposals
submitted.
2. Request for Proposals issued.
3. Subsequent to the closing of proposals, the Procurement Strategist will review the proposals
received and verify whether each proposal appears to be minimally responsive to the
requirements of the published RFP.
4. Meetings will be open to the public and the Procurement Strategist shall publicly post prior
notice of such meeting in the lobby of the Purchasing Building.
5. The committee members will review each Proposal individually and score each proposal
based on the evaluation criteria stated herein.
6. Prior to the first meeting of the selection committee, the Procurement Strategist will post a
notice announcing the date, time and place of the first committee meeting. Said notice shall
be posted in the lobby of the Purchasing Building not less than three (3) working days prior to
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the meeting. The Procurement Strategist will also post prior notice of all subsequent
committee meetings and shall endeavor to post such notices at least one (1) day in advance of
all subsequent meetings.
7. The committee will compile individual rankings, based on the evaluation criteria as stated
herein, for each proposal to determine committee recommendations. The committee may at
their discretion, schedule presentations or demonstrations from the top-ranked firm(s), make
site visits, and obtain guidance from third party subject matter experts. The final
recommendation will be decided based on review of scores and consensus of committee.
The County reserves the right to withdraw this RFP at any time and for any reason, and to issue
such clarifications, modifications, and/or amendments as it may deem appropriate.
Receipt of a proposal by the County or a submission of a proposal to the County offers no rights
upon the Vendor nor obligates the County in any manner.
Acceptance of the proposal does not guarantee issuance of any other governmental approvals.
Proposals which include provisions requiring the granting of zoning variances shall not be
considered.
10. References
The County reserves the right to contact any and all references pertaining to this solicitation and
related proposal.
11. Proposal Selection Committee and Evaluation Factors
The County Manager shall appoint a Selection Committee to review all proposals submitted. The
factors to be considered in the evaluation of proposal responses are listed below.
Tab II, Qualifications and Experience 20 Points
Tab III, Specialized Expertise of Team Members 20 Points
Tab IV, References 20 Points
Tab V, Cost of Services 20 Points
Tab VI, Fiscal Stability 10 Points
Local Vendor Preference 10 Points
TOTAL 100 Points
Tie Breaker: in the event of a tie, both in individual scoring and in final ranking, the firm with
the lowest paid dollars by Collier County to the vendor (as obtained from the County's financial
system) within the last five (5) years will receive the higher individual ranking. If there is a multiple
firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall
receive the higher ranking, the firm with the next lowest volume of work shall receive the next
highest ranking and so on.
12. Acceptance or Rejection of Proposals
The right is reserved by the County to waive any irregularities in any proposal, to reject any or all
proposals, to re-solicit for proposals, if desired, and upon recommendation and justification by
Collier County to accept the proposal which in the judgment of the County is deemed the most
advantageous for the public and the County of Collier.
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Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind,
may be cause for rejection. In the event of default of the successful Vendor, or their refusal to
enter into the Collier County contract, the County reserves the right to accept the proposal of any
other Vendor or to re-advertise using the same or revised documentation, at its sole discretion.
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Exhibit Ill: Collier County Purchase Order Terms and Conditions
1. Offer and to comply with all carrier
This offer is subject to cancellation by the regulations. Risk of loss of any goods
COUNTY without notice if not accepted by sold hereunder shall transfer to the
VENDOR within fourteen (14) days of COUNTY at the time and place of
issuance. delivery; provided that risk of loss prior
to actual receipt of the goods by the
2. Acceptance and Confirmation COUNTY nonetheless remain with
This Purchase Order (including all VENDOR.
documents attached to or referenced b) No charges will be paid by the COUNTY
therein) constitutes the entire agreement for packing, crating or cartage unless
between the parties, unless otherwise otherwise specifically stated in this
specifically noted by the COUNTY on the Purchase Order. Unless otherwise
face of this Purchase Order. Each delivery provided in Purchase Order, no invoices
of goods and/or services received by the shall be issued nor payments made
COUNTY from VENDOR shall be deemed to prior to delivery. Unless freight and
be upon the terms and conditions contained other charges are itemized, any
in this Purchase Order. discount will be taken on the full amount
of invoice.
No additional terms may be added and c) All shipments of goods scheduled on the
Purchase Order may not be changed except same day via the same route must be
by written instrument executed by the consolidated. Each shipping container
COUNTY. VENDOR is deemed to be on must be consecutively numbered and
notice that the COUNTY objects to any marked to show this Purchase Order
additional or different terms and conditions number. The container and Purchase
contained in any acknowledgment, invoice Order numbers must be indicated on bill
or other communication from VENDOR, of lading. Packing slips must show
notwithstanding the COUNTY'S acceptance Purchase Order number and must be
or payment for any delivery of goods and/or included on each package of less than
services, or any similar act by VENDOR. container load (LCL) shipments and/or
with each car load of equipment. The
3. Inspection COUNTY reserves the right to refuse or
All goods and/or services delivered return any shipment or equipment at
hereunder shall be received subject to the VENDOR'S expense that is not marked
COUNTY'S inspection and approval and with Purchase Order numbers.
payment therefore shall not constitute VENDOR agrees to declare to the
acceptance. All payments are subject to carrier the value of any shipment made
adjustment for shortage or rejection. All under this Purchase Order and the full
defective or nonconforming goods will be invoice value of such shipment.
returned pursuant to VENDOR'S instruction d) All invoices must contain the Purchase
at VENDOR'S expense. Order number and any other specific
information as identified on the
To the extent that a purchase order requires Purchase Order. Discounts of prompt
a series of performances by VENDOR, the payment will be computed from the date
COUNTY prospectively reserves the right to of receipt of goods or from date of
cancel the entire remainder of the Purchase receipt of invoices, whichever is later.
Order if goods and/or services provided Payment will be made upon receipt of a
early in the term of the Purchase Order are proper invoice and in compliance with
non-conforming or otherwise rejected by the Chapter 218, Fla. Stats., otherwise
COUNTY. known as the "Local Government
4. Shipping and Invoices Prompt Payment Act," and, pursuant to
a) All goods are FOB destination and must the Board of County Commissioners
be suitably packed and prepared to Purchasing Policy.
secure the lowest transportation rates
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5. Time Is Of the Essence and transportation shall conform to all
Time for delivery of goods or performance of applicable laws, including but not limited to
services under this Purchase Order is of the the Occupational Health and Safety Act, the
essence. Failure of VENDOR to meet Federal Transportation Act and the Fair
delivery schedules or deliver within a Labor Standards Act, as well as any law or
reasonable time, as interpreted by the regulation noted on the face of the Purchase
COUNTY in its sole judgment, shall entitle Order.
the COUNTY to seek all remedies available
to it at law or in equity. VENDOR agrees to 9. Advertising
reimburse the COUNTY for any expenses No VENDOR providing goods and services
incurred in enforcing its rights. VENDOR to the COUNTY shall advertise the fact that
further agrees that undiscovered delivery of it has contracted with the COUNTY for
nonconforming goods and/or services is not goods and/or services, or appropriate or
a waiver of the COUNTY'S right to insist make use of the COUNTY'S name or other
upon further compliance with all identifying marks or property without the
specifications. prior written consent of the COUNTY'S
Purchasing Department.
6. Changes
The COUNTY may at any time and by
written notice make changes to drawings 10. Indemnification
and specifications, shipping instructions, VENDOR shall indemnify and hold harmless
quantities and delivery schedules within the the COUNTY from any and all claims,
general scope of this Purchase Order. including claims of negligence, costs and
Should any such change increase or expenses, including but not limited to
decrease the cost of, or the time required for attorneys' fees, arising from, caused by or
performance of the Purchase Order, an related to the injury or death of any person
equitable adjustment in the price and/or (including but not limited to employees and
delivery schedule will be negotiated by the agents of VENDOR in the performance of
COUNTY and VENDOR. Notwithstanding their duties or otherwise), or damage to
the foregoing, VENDOR has an affirmative property (including property of the COUNTY
obligation to give notice if the changes will or other persons), which arise out of or are
decrease costs. Any claims for adjustment incident to the goods and/or services to be
by VENDOR must be made within thirty (30) provided hereunder.
days from the date the change is ordered or
within such additional period of time as may 11. Warranty of Non-Infringement
be agreed upon by the parties. VENDOR represents and warrants that all
goods sold or services performed under this
7. Warranties Purchase Order are: a) in compliance with
VENDOR expressly warrants that the goods applicable laws; b) do not infringe any
and/or services covered by this Purchase patent, trademark, copyright or trade secret;
Order will conform to the specifications. and c) do not constitute unfair competition.
drawings, samples or other descriptions
furnished or specified by the COUNTY, and VENDOR shall indemnify and hold harmless
will be of satisfactory material and quality the COUNTY from and against any and all
production, free from defects and sufficient claims, including claims of negligence, costs
for the purpose intended. Goods shall be and expense, including but not limited to
delivered free from any security interest or attorneys' fees, which arise from any claim,
other lien, encumbrance or claim of any third suit or proceeding alleging that the
party. These warranties shall survive COUNTY'S use of the goods and/or
inspection, acceptance, passage of title and services provided under this Purchase Order
payment by the COUNTY. are inconsistent with VENDOR'S
representations and warranties in section 11
8. Statutory Conformity (a).
Goods and services provided pursuant to
this Purchase Order, and their production
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If any claim which arises from VENDOR'S beyond their control, including, but without
breach of section 11 (a) has occurred, or is limitation to war, strikes, civil disturbances
likely to occur, VENDOR may, at the and acts of nature. When VENDOR has
COUNTY'S option, procure for the COUNTY knowledge of any actual or potential force
the right to continue using the goods or majeure or other conditions which will delay
services, or replace or modify the goods or or threatens to delay timely performance of
services so that they become non-infringing, this Purchase Order, VENDOR shall
(without any material degradation in immediately give notice thereof, including all
performance, quality, functionality or relevant information with respects to what
additional cost to the COUNTY). steps VENDOR is taking to complete
delivery of the goods and/or services to the
12. Insurance Requirements COUNTY.
The VENDOR, at its sole expense, shall
provide commercial insurance of such type 15. Assignment
and with such terms and limits as may be VENDOR may not assign this Purchase
reasonably associated with the Purchase Order, nor any money due or to become due
Order. Providing and maintaining adequate without the prior written consent of the
insurance coverage is a material obligation COUNTY. Any assignment made without
of the VENDOR. All insurance policies shall such consent shall be deemed void.
be executed through insurers authorized or
eligible to write policies in the State of 16. Taxes
Florida. Goods and services procured subject to this
Purchase Order are exempt from Florida
13. Compliance with Laws sales and use tax on real property, transient
In fulfilling the terms of this Purchase Order, rental property rented, tangible personal
VENDOR agrees that it will comply with all purchased or rented, or services purchased
federal, state, and local laws, rules, codes, (Florida Statutes, Chapter 212), and from
and ordinances that are applicable to the federal excise tax.
conduct of its business. By way of non-
exhaustive example, this shall include the 17. Annual Appropriations
American with Disabilities Act and all The COUNTY'S performance and obligation
prohibitions against discrimination on the to pay under this Purchase Order shall be
basis of race, religion, sex creed, national contingent upon an annual appropriation of
origin, handicap, marital status, or veterans' funds.
status. Further, VENDOR acknowledges
and without exception or stipulation shall be 18. Termination
fully responsible for complying with the This Purchase Order may be terminated at
provisions of the Immigration Reform and any time by the COUNTY upon 30 days
Control Act of 1986 as located at 8 U.S.C. prior written notice to the VENDOR. This
1324, et seq. and regulations relating Purchase Order may be terminated
thereto. as either may be amended. Failure immediately by the COUNTY for breach by
by the awarded firm(s) to comply with the VENDOR of the terms and conditions of this
laws referenced herein shall constitute a Purchase Order, provided that COUNTY has
breach of the award agreement and the provided VENDOR with notice of such
County shall have the discretion to breach and VENDOR has failed to cure
unilaterally terminate said agreement within 10 days of receipt of such notice.
immediately. Any breach of this provision
may be regarded by the COUNTY as a 19. General
material and substantial breach of the a) This Purchase Order shall be governed
contract arising from this Purchase Order. by the laws of the State of Florida. The
venue for any action brought to
14. Force Majeure specifically enforce any of the terms and
Neither the COUNTY nor VENDOR shall be conditions of this Purchase Order shall
responsible for any delay or failure in be the Twentieth Judicial Circuit in and
performance resulting from any cause for Collier County, Florida
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b) Failure of the COUNTY to act associated with this Purchase Order in
immediately in response to a breach of accordance with Florida Statute Chapter
this Purchase Order by VENDOR shall 112.061, Per Diem and Travel
not constitute a waiver of breach. Expenses for Public Officers, employees
Waiver of the COUNTY by any default and authorized persons.
by VENDOR hereunder shall not be e) In the event of any conflict between or
deemed a waiver of any subsequent among the terms of any Contract
default by VENDOR. Documents related to this Purchase
c) All notices under this Purchase Order Order, the terms of the Contract
shall be sent to the respective Documents shall take precedence over
addresses on the face page by certified the terms of the Purchase Order. To the
mail, return receipt requested, by extent any terms and /or conditions of
overnight courier service, or by personal this Purchase Order duplicate or overlap
delivery and will be deemed effective the Terms and Conditions of the
upon receipt. Postage, delivery and Contract Documents, the provisions of
other charges shall be paid by the the Terms and/or Conditions that are
sender. A party may change its address most favorable to the County and/or
for notice by written notice complying provide the greatest protection to the
with the requirements of this section. County shall govern.
d) The Vendor agrees to reimbursement of
any travel expenses that may be
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Exhibit IV: Additional Terms and Conditions for RFP
1. Insurance Requirements
The Vendor shall at its own expense, carry and maintain insurance coverage from responsible
companies duly authorized to do business in the State of Florida as set forth in the Insurance and
Bonding attachment of this solicitation. The Vendor shall procure and maintain property insurance
upon the entire project, if required, to the full insurable value of the scope of work.
The County and the Vendor waive against each other and the County's separate Vendors,
Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all
damages covered by property insurance provided herein, except such rights as they may have to the
proceeds of such insurance. The Vendor and County shall, where appropriate, require similar
waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors
and shall require each of them to include similar waivers in their contracts.
Collier County shall be responsible for purchasing and maintaining, its own liability insurance.
Certificates issued as a result of the award of this solicitation must identify "For any and all work
performed on behalf of Collier County."
The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall
name Collier County, Florida, as an additional insured as to the operations of Vendor under this
solicitation and shall contain a severability of interests provisions.
Collier County Board of County Commissioners shall be named as the Certificate Holder. The
Certificates of Insurance must state the Contract Number, or Project Number, or specific Project
description, or must read: For any and all work performed on behalf of Collier County. The
"Certificate Holder" should read as follows:
Collier County
Board of County Commissioners
Naples, Florida
The amounts and types of insurance coverage shall conform to the minimum requirements set forth
in the Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and
endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under
any of the below listed minimum required coverage, Vendor must identify on the Certificate of
Insurance the nature and amount of such self- insured retentions or deductibles and provide
satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or
deductibles will be Vendor's sole responsibility.
Coverage(s) shall be maintained without interruption from the date of commencement of the Work
until the date of completion and acceptance of the scope of work by the County or as specified in this
solicitation, whichever is longer.
The Vendor andior its insurance carrier shall provide 30 days written notice to the County of policy
cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also
notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of
expiration, cancellation, non-renewal or material change in coverage or limits received by Vendor
from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide
notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor
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hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full
extent permitted under such policy.
Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County
may terminate the Agreement or at its sole discretion shall be authorized to purchase such
coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the
County for such costs within thirty (30) days after demand, the County has the right to offset these
costs from any amount due Vendor under this Agreement or any other agreement between the
County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it
be responsible for the coverage(s) purchased or the insurance company or companies used. The
decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a
waiver of any of its rights under the Contract Documents.
If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the
scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of
Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of
the Vendor to provide the County with such renewal certificate(s) shall be considered justification for
the County to terminate any and all contracts.
2. Offer Extended to Other Governmental Entities
Collier County encourages and agrees to the successful vendor extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the discretion of
the successful vendor.
3. Additional Items and/or Services
Additional items and / or services may be added to the resultant contract, or purchase order, in
compliance with the Purchasing Policy.
4. Use of Subcontractors
Bidders on any service related project, including construction, must be qualified and directly
responsible for 100% or more of the solicitation amount for said work.
5. County's Right to Inspect
The County or its authorized Agent shall have the right to inspect the Vendor's facilities/project site
during and after each work assignment the Vendor is performing.
6. Vendor Performance Evaluation
The County has implemented a Vendor Performance Evaluation System for all contracts awarded in
excess of $25,000. To this end, vendors will be evaluated on their performance upon
completion/termination of this Agreement.
7. Additional Terms and Conditions of Contract
Collier County has developed standard contracts/agreements. approved by the Board of County
Commissioners (BCC). The selected Vendor shall be required to sign a standard Collier County
contract within twenty one (21) days of Notice of Selection for Award.
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The County reserves the right to include in any contract document such terms and conditions, as it
deems necessary for the proper protection of the rights of Collier County. A sample copy of this
contract is available upon request. The County will not be obligated to sign any contracts,
maintenance and/or service agreements or other documents provided by the Vendor.
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.
8. Payment Method
Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218,
Florida Statutes. Vendor's invoices must include:
• Purchase Order Number
• Description and quantities of the goods or services provided per instructions on the County's
purchase order or contract.
Invoices shall be sent to:
Board of County Commissioners
Clerk's Finance Department
ATTN: Accounts Payable
3299 Tamiami Trail E Ste 700
Naples FL 34112
Or emailed to: bccapclerk(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.
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
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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.
9. 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.
10. Licenses
The Vendor is required to possess the correct Business Tax Receipt, professional license, and any
other authorizations necessary to carry out and perform the work required by the project pursuant to
all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any
kind. Additionally, copies of the required licenses must be submitted with the proposal
response indicating that the entity proposing, as well as the team assigned to the County
account, is properly licensed to perform the activities or work included in the contract
documents. Failure on the part of any Vendor to submit the required documentation may be
grounds to deem Vendor non-responsive. A Vendor, with an office within Collier County is also
required to have an occupational license.
All State Certified contractors who may need to pull Collier County permits or call in inspections must
complete a Collier County Contractor License registration form and submit the required fee. After
registering the license/registration will need to be renewed thereafter to remain "active" in Collier
County.
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If you have questions regarding professional licenses contact the Contractor Licensing, Community
Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions
regarding required occupational licenses, please contact the Tax Collector's Office at (239) 252-
2477.
11. Principals/Collusion
By submission of this Proposal the undersigned, as Vendor, does declare that the only person or
persons interested in this Proposal as principal or principals is/are named therein and that no person
other than therein mentioned has any interest in this Proposal or in the contract to be entered into;
that this Proposal is made without connection with any person, company or parties making a
Proposal, and that it is in all respects fair and in good faith without collusion or fraud.
12. Relation of County
It is the intent of the parties hereto that the Vendor shall be legally considered an independent
Vendor, and that neither the Vendor nor their employees shall, under any circumstances, be
considered employees or agents of the County, and that the County shall be at no time legally
responsible for any negligence on the part of said Vendor, their employees or agents, resulting in
either bodily or personal injury or property damage to any individual, firm, or corporation.
13. Termination
Should the Vendor be found to have failed to perform his services in a manner satisfactory to the
County, the County may terminate this Agreement immediately for cause; further the County may
terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be
sole judge of non-performance.
14. Lobbying
All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be
lobbied, either individually or collectively about a project for which a firm has submitted a Proposal.
Firms and their agents are not to contact members of the County Commission for such purposes as
meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closing to
final Board approval, no firm or their agent shall contact any other employee of Collier County in
reference to this Proposal, with the exception of the Procurement Director or his designee(s). Failure
to abide by this provision may serve as grounds for disqualification for award of this contract to the
firm.
15. 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.
16. 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.ora/search.html) prior to execution of a contract. A
copy of the document may be submitted with the solicitation response and the document number
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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.
17. Single Proposal
Each Vendor must submit, with their proposal, the required forms included in this RFP. Only one
proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as
a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub-
consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a
primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub-
consultant to any other firm or firms submitting under the same RFP. All submittals in violation of this
requirement will be deemed non-responsive and rejected from further consideration.
18. Survivability
Bids (ITBs/RFPs): The Consultant agrees that any Work Order/Purchase Order that extends beyond
the expiration date of Solicitation 15-6444 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.
19. Protest Procedures
Any prospective vendor/ proposer who desires to protest any aspect(s) or provision(s) of the
solicitation (including the form of the solicitation documents or procedures) shall file their protest with
the Procurement Director prior to the time of the bid opening strictly in accordance with the County's
then current purchasing ordinance and policies.
The Board of County Commissioners will make award of contract in public session. Award
recommendations will be posted outside the offices of the Purchasing Department on Wednesdays
and Thursdays. Any actual or prospective respondent who desires to formally protest the
recommended contract award must file a notice of intent to protest with the Procurement Director
within two (2) calendar days (excluding weekends and County holidays) of the date that the
recommended award is posted.
Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be
given instructions as to the form and content requirements of the formal protest. A copy of the
"Protest Policy" is available at the office of the Procurement Director.
20. Public Entity Crime
A person or affiliate who has been placed on the convicted vendor list following a conviction for a
public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or
services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity
for the construction or repair of a public building or public work; may not submit bids, proposals, or
replies on leases of real property to a public entity; may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not
transact business with any public entity in excess of the threshold amount provided in s. 287.017 for
CATEGORY TWO for a period of 36 months following the date of being placed on the convicted
vendor list.
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21. 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.
22. Conflict of Interest
Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP
document. Disclosure of any potential or actual conflict of interest is subject to County staff review
and does not in and of itself disqualify a firm from consideration. These disclosures are intended to
identify and or preclude conflict of interest situations during contract selection and execution.
23. 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.
24. Immigration Affidavit Certification
Statutes and executive orders require employers to abide by the immigration laws of the United
States and to employ only individuals who are eligible to work in the United States.
The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland
Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet-
based means of verifying employment eligibility of workers in the United States; it is not a substitute
for any other employment eligibility verification requirements. The program will be used for Collier
County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional
services and construction services.
Exceptions to the program:
• Commodity based procurement where no services are provided.
• Where the requirement for the affidavit is waived by the Board of County Commissioners
Vendors / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of
their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable
evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of
the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also
required to provide the Collier County Purchasing Department an executed affidavit certifying they
shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the
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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.dov/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 seq. and regulations relating thereto, as either may be amended and
with the provisions contained within this affidavit. Failure by the awarded firm(s)to comply with the
laws referenced herein or the provisions of this affidavit shall constitute a breach of the award
agreement and the County shall have the discretion to unilaterally terminate said agreement
immediately.
25. Collier County Local Preference Policy
Collier County provides an incentive to local business to enhance the opportunities of local
businesses in the award of County contracts. In the evaluation of proposals, the County rewards
Vendors for being a local business by granting a ten (10) points incentive in the evaluation criterion
points.
Local business means the vendor has a current Business Tax Receipt issued by the Collier County
Tax Collector for at least one year prior to bid or proposal submission to do business within Collier
County, and that identifies the business with a permanent physical business address located within
the limits of Collier County from which the vendor's staff operates and performs business in an area
zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non-
permanent structure such as a construction trailer, storage shed, or other non-permanent structure
shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a
vendor shall not be considered a "local business" unless it contributes to the economic development
and well-being of Collier County in a verifiable and measurable way. This may include, but not be
limited to, the retention and expansion of employment opportunities, support and increase to the
County's tax base, and residency of employees and principals of the business within Collier County.
Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or
proposal to be eligible for consideration as a "local business" under this section. A vendor who
misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will
iose the privilege to claim Local Preference status for a period of up to one year.
Under this solicitation proposers desiring to receive local preference will be invited and required to
affirmatively state and provide documentation as set forth in the solicitation in support of their
status as a local business. Any proposer who fails to submit sufficient documentation with their
proposal 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.
For all purchases of commodities and services procured through a competitive proposal process
and not otherwise exempt from this local preference section, the solicitation shall include a
weighted criterion for local preference that equals 10 percent of the total points in the evaluation
criteria published in the solicitation. Purchases of professional services as defined and identified
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under subsection 11B.2 (which are subject to Section 287.055, F.S.) and subsection 11B.3 (which
are subject to Section 11.45, F.S.) shall not be subject to this local preference section.
The vendor must complete and submit with their proposal response the Affidavit for Claiming Status
as a Local Business which is included as part of this solicitation.
Failure on the part of a vendor to submit this Affidavit with their proposal response will
preclude said Vendor from being considered for local preference under this solicitation.
A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to
the County will lose the privilege to claim Local Preference status for a period of up to one year.
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Collier County
Administrative Services Department
Procurement Service;Division
Attachment 1: Vendor's Non-Response Statement
The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear,
concise and openly competitive. Therefore, we are interested in ascertaining reasons for prospective
Vendors not wishing to respond to this solicitation. If your firm is not responding to this RFP, please
indicate the reason(s) by checking the item(s) listed below and return this form via email or fax, noted on
the cover page, or mail to Collier County Government, Purchasing Department, 3327 Tamiami
Trail E, Naples, FL 34112.
We are not responding to Solicitation 15-6444 Federal Lobbyist Services for the following
reason(s):
�I Services requested not available through our company.
• Our firm could not meet specifications/scope of work.
• Specifications/scope of work not clearly understood or applicable (too vague, rigid, etc.)
n Project is too small.
n Insufficient time allowed for preparation of response.
• Incorrect address used. Please correct mailing address:
(� Other reason(s):
Name of Firm:
Address:
City, State, Zip:
Telephone:
Email:
Representative Signature:
Date
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Gottier county
Administrative Services Department
Procurement Services Division
Attachment 2: Vendor Check List
IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces
indicated and return with your Proposal. Vendor should check off each of the following items as the
necessary action is completed:
❑ The Proposal has been signed.
❑ All applicable forms have been signed and included, along with licenses to complete the
requirements of the project.
n Any addenda have been signed and included.
❑ The mailing envelope has been addressed to:
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
Attn: Scott Johnson, Procurement Manager
❑ The mailing envelope must be sealed and marked with Solicitation 15-6444 Federal Lobbyist
Services and June 30, 2015.
The Proposal will be mailed or delivered in time to be received no later than the specified due date
and time. (Otherwise Proposal cannot be considered.)
7 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 PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE
OUTSIDE OF THE COURIER PACKET.
"lame of Firm:
Address:
City, State, Zip:
Telephone:
Email:
Representative Signature:
Representative Name: Date
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Corer County
Administrative Services Department
Procurement Services Division
Attachment 3: Conflict of Interest Affidavit
By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that,
to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned
interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed
work; and bear on whether the firm (employees, officers and/or agents) has a possible conflict have been
fully disclosed.
Additionally, the firm (employees, officers and/or agents) agrees to immediately notify in writing the
Procurement Director, or designee, if any actual or potential conflict of interest arises during the contract
and/or project duration.
Firm:
Signature and Date:
Print Name
Title of Signatory
State of
County of
SUBSCRIBED AND SWORN to before me this day of
20
by , who is personally known to me to be the
for the Firm, OR who produced the following
identification
Notary Public
My Commission Expires
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Co"M er County
Administrative Services Department
Procurement SeriIces Division
Attachment 4: Vendor Declaration Statement
BOARD OF COUNTY COMMISSIONERS
Collier County Government Complex
Naples, Florida 34112
RE: Solicitation: 15-6444 Federal Lobbyist Services
Dear Commissioners:
The undersigned, as Vendor declares that this proposal is made without connection or arrangement with
any other person and this proposal is in every respect fair and made in good faith, without collusion or
fraud.
The Vendor agrees, if this proposal is accepted, to execute a Collier County document for the purpose of
establishing a formal contractual relationship between the firm and Collier County, for the performance of
all requirements to which the proposal pertains. The Vendor states that the proposal is based upon the
proposal documents listed by Solicitation: 15-6444 Federal Lobbyist Services
(Proposal Continued on Next Page)
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PROPOSAL CONTINUED
IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of , 20
in the County of , in the State of
Firm's Legal Name:
Address:
City, State, Zip Code:
Florida Certificate of
Authority Document Number:
Federal Tax Identification
Number
CCR# or CAGE Code
Telephone:
FAX:
Signature by:
(Typed and written)
Title:
Additional Contact Information
Send payments to:
(required if different from above) Company name used as payee
Contact name:
Title:
Address:
City, State, ZIP
Telephone:
FAX:
Email:
Office servicing Collier
County to place orders
(required if different from above)
Contact name:
Title:
Address:
City, State. ZIP
Telephone: Email
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Coder Couvity
Administrative Services Department
Procurement Services Dlvaslor
Attachment 5: Affidavit for Claiming Status as a Local Business
Solicitation: 15-6444 Federal Lobbyist Services (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.
Vendor must complete the following information:
Year Business Established in ❑Collier County or ❑ Lee County:
Number of Employees (Including Owner(s) or Corporate Officers):
Number of Employees Living in ❑ Collier County or❑ Lee (Including Owner(s) or Corporate Officers):
If requested by the County, vendor will be required to provide documentation substantiating the information given in
this affidavit. Failure to do so will result in vendor's submission being deemed not applicable.
Vendor Name: Date:
Collier or Lee County Address:
Signature: Title:
STATE OF FLORIDA
7 COLLIER COUNTY ❑ LEE COUNTY
Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this Day of
, 20
Notary Public
My Commission Expires:
(AFFIX OFFICIAL SEAL)
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Gotber County
Administrative Services Department
Procurement Services D v sior
Attachment 6: Immigration Affidavit Certification
Solicitation: 15-6444 Federal Lobbyist Services
This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with
formal Invitations to Bid (ITB's)and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are
required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the
time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the
properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum
of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment
in the E-Verify program, may deem the Vendor/ Bidder's proposal as non-responsive.
Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized
alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section
274A(e) of the Immigration and Nationality Act ("INA").
Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e)
of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA
shall be grounds for unilateral termination of the contract by Collier County.
Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration
Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of
Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System
(E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration
at the time of submission of the Vendor's/ Bidder's proposal.
Company Name
Print Name Title
Signature Date
State of
County of
The foregoing instrument was signed and acknowledged before me this day of
20_, by
who has produced as identification.
(Print or Type Name) (Type of Identification and Number)
Notary Public Signature
Printed Name of Notary Public
Notary Commission Number/Expiration
The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy
of this affidavit to interrogatories hereinafter made.
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Goer Cm-patty
Administrative Services Department
Procurement Services Division
Attachment 7: Vendor Substitute W—9
Request for Taxpayer Identification Number and Certification
In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following
information for tax reporting purposes from individuals and companies who do business with the County (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 City
State Zip
Telephone FAX Email
Order Information Remit/Payment Information
Address Address
City State Zip City State Zip
FAX FAX
Email Email
2. Company Status (check only one)
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. I certify that the information shown on this form is correct to my knowledge.
Signature Date
Title Phone Number
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C',oltier County
Administrative Services Departnent
Procurement Services Division
Attachment 8: Insurance and Bonding Requirements
Insurance/Bond Type Required Limits
1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Compensation Statutory Limits and Requirements
2. ® Employer's Liability $100.000 single limit per occurrence
3. ® Commercial General Bodily Injury and Property Damage
Liability(Occurrence Form)
patterned after the current $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury
ISO form Liability and Property Damage Liability. This shall include Premises and
Operations; Independent Contractors; Products and Completed Operations
and Contractual Liability
4. ® Indemnification To the maximum extent permitted by Florida law, the
Contractor/Vendor/Consultant shall indemnify and hold harmless Collier
County, its officers and employees from any and all liabilities, damages,
losses and costs, including, but not limited to, reasonable attorneys'fees and
paralegals'fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone
employed or utilized by the Contractor/Vendor/Consultant in the performance
of this Agreement. This indemnification obligation shall not be construed to
negate, abridge or reduce any other rights or remedies which otherwise may
be available to an indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence
of Collier County.
4. ❑ Automobile Liability $ 300.000 Each Occurrence; Bodily Injury& Property Damage,
Owned/Non-owned/Hired; Automobile Included
5. ❑ Other insurance as ❑ Watercraft $ Per Occurrence
noted:
❑ United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
$ Per Occurrence
❑I Maritime Coverage (Jones Act) shall he maintained ,n.here a applicable to
the completion of the work.
$ Per Occurrence
❑ Aircraft Liability coverage shall be carried in limits of not less than
$5,000,000 each occurrence if applicable to the completion of the Services
under this Agreement.
$ Per Occurrence
❑ Pollution $ Per Occurrence
❑ Professional Liability $ Per Occurrence
• $ 500,000 each claim and in the aggregate
• $1.000,000 each claim and in the aggregate
• $2.000,000 each claim and in the aggregate
❑ Professional Liability $ per claim and in
the aggregate
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• $1,000,000 per claim and in the aggregate
• $2,000,000 per claim and in the aggregate
❑ Valuable Papers Insurance $ Per Occurrence
6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds,
cashiers' check or an irrevocable letter of credit, a cash bond posted with the
County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All
checks shall be made payable to the Collier County Board of County
Commissioners on a bank or trust company located in the State of Florida and
insured by the Federal Deposit Insurance Corporation.
7. ❑ Performance and 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.
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 (or Collier
MPO). 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 4/24/2015
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 Date
Vendor Signature
Print Name
Insurance Agency
Agent Name Telephone Number
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