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Agenda 09/09/2014 Item #16D 2 9/9/2014 16.D.2. EXECUTIVE SUMMARY Recommendation to approve award of RFP No. 13-6146 "Radio Frequency Identification System" to Bibliotheca, LLC to purchase and implement a self-service check-out system for library materials and approve related budget amendments. OBJECTIVE: To provide more assistance and better customer service to library patrons through the purchase and implementation of a self-service check-out system for the Collier County Public Library. CONSIDERATIONS: The Collier County Public Library would like to purchase and implement a self- service check-out system for library materials. A self-service check-out library system includes Radio Frequency Identification(RFID) computer chips on each library item, self-service stations for self-check out by the public,collection management stations for staff,and security gates for library exits.Installation and use of self-service stations will slow the need for additional circulation library employees, but rarely results in the need for less staff. After installation of self-service stations, library staff is able to provide more assistance and better customer service to the public using library resources. The Purchasing Department issued RFP No. 13-6146 on August 26, 2013 in compliance with Section 12 of Purchasing Ordinance No. 13-69. The nine vendors that submitted proposals were: 3M, Bibliotheca, EnvisionWare, Innovative Interfaces, Florida Library Designs, Intellecto Technologies, LAT, and TechLogic. After careful review and rating of the proposals provided by the nine vendors, the Selection Committee narrowed the list to the top five companies: 1. EnvisionWare 2. Bibliotheca 3. 3M 4. LAT 5. TechLogic Each of the top firms were invited to make presentations to the Selection Committee; however, LAT declined. The remaining four companies presented their products and equipment on December 3 and December 6,2013 at the South Regional Library. After the demonstrations and answers to additional questions, the Selection Committee ranked the top three companies as follows: 1. Bibliotheca 2. Envi sionWare 3. 3M After a series of requirements meetings, staff determined that Bibliotheca met more of the Library's specific equipment needs at a more cost-effective price than the other two companies,and staff negotiated the final contract with Bibliotheca. The quote from Bibliotheca also includes a per-unit cost for affixing the RF]D chips on each library item. Library staff will assist in the process when possible,reducing the chip installation cost. Staff has planned to phase this project over the next four fiscal years, depending on the availability of funds. The first step is to install the computer chips and purchase the necessary software and hardware to Packet Page-1636- 9/9/2014 16.D.2. start the project at two locations. The Headquarters and Marco Island Branch have been selected as the first to receive the appropriate equipment.Other library locations will be added as funds are available. Phase 1: FY2014 and FY2015: Purchase and install RFID chips in all library materials; purchase and install software and equipment at Headquarters and Marco Island libraries.The estimated cost for Phase 1 is$534,043.52. Phase 2: FY2016-FY2017: Purchase and install equipment at the Naples Regional, Golden Gate and Vanderbilt Beach Libraries.The estimated cost for Phase 2 is$183,193.78. Phase 3: FY2017-FY2018: Purchase and install equipment at the South Regional, East Naples, Estates and Immokalee libraries. Install staff equipment at Everglades City Branch. No self-service stations are planned for Everglades City.The estimated cost for Phase 3 is$222,551.34. FISCAL IMPACT: Total contract value will be approximately $939,788.64 plus maintenance and support costs after the first year. Funding is available in the Library Fund (129). This fund was formerly used for State Aid but is now used to receive and budget for E-Rate refunds. This Fund presently has sufficient funding for the first phase of the RFID project. A budget amendment will be required. The budget amendment will reduce reserves by $399,201.60, recognize FY14 E-Rate receipts of$129,698.40 and move a total of$528,900 into the RFID(Project 44037)budget. Funds for the remaining project phases will come from both E-Rate refunds and from State Aid to Libraries. Historically,the Collier County Public Library receives approximately $120,000 annually from E-Rate refunds and approximately$200,000 from State Aid to Libraries. The initial contract term shall be for a five (5) year period, with additional renewals available. The contract term was modified from the solicitation in order to accommodate the phased project approach. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires majority vote for approval.—CMG. GROWTH MANAGEMENT IMPACT:None. RECOMMENDATION: That the Board of County Commissioners approves the attached contract and budget amendments for purchase of an RFID system for Collier County Public Library. Prepared By:Marilyn Matthes,Library Director Packet Page-1637- 9/9/2014 16.D.2. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.2. Item Summary: Recommendation to approve award of RFP No. 13-6146 "Radio Frequency Identification System"to Bibliotheca, LLC to purchase and implement a self-service check-out system for library materials and approve related budget amendments. Meeting Date: 9/9/2014 Prepared By Name: TibbettsKaren Title:Administrative Assistant,Library 6/23/2014 4:02:31 PM Submitted by Title:Director-Library,Library Name: MatthesMarilyn 6/23/2014 4:02:32 PM Approved By Name: MatthesMarilyn Title:Director-Library,Library Date: 6/24/2014 2:08:03 PM Name: TownsendAmanda Title:Director-Operations Support,Public Services Division Date: 7/23/2014 3:18:07 PM Name: MarkiewiczJoanne Title:Director-Purchasing/General Services, Purchasing&General Services Date: 8/11/2014 4:34:05 PM Name: BrilhartBrenda Title:Procurement Specialist,Purchasing&General Services Date: 8/12/2014 9:48:18 AM Packet Page-1638- 9/9/2014 16.D.2. Name: AlonsoHailey Title: Operations Analyst,Public Services Division Date: 8/12/2014 1:37:36 PM Name: WardKelsey Title:Manager-Procurement,Purchasing&General Services Date: 8/12/2014 4:18:11 PM Name: JohnsonScott Title: Manager-Procurement,Purchasing&General Services Date: 8/19/2014 8:59:35 AM Name: Joshua Thomas Title: Grants Support Specialist, Grants Management Office Date: 8/19/2014 10:06:21 AM Name: CarneliSteve Title:Administrator-Public Services,Public Services Division Date: 8/19/2014 11:34:24 AM Name: KlatzkowJeff Title: County Attorney, n Date: 8/21/2014 2:53:11 PM Name: FinnEd Title:Management/Budget Analyst, Senior,Transportation Engineering&Construction Management Date: 8/22/2014 12:42:11 PM Name: StanleyTherese Title:Manager-Grants Compliance, Grants Management Office Date: 8/26/2014 10:42:50 AM Name: OchsLeo Title: County Manager,County Managers Office Date: 9/2/2014 9:08:21 AM Packet Page-1639- 9/9/2014 16.D2. REQUEST FOR PROPOSAL Co er County Admirdstrative Services Division Purchasing COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Solicitation 13-6146 Radio Frequency Identification (RFID) System for Collier County Public Library Brenda Brilhart, Procurement Strategist (239) 252-8446(Telephone) (239) 252-6697(Fax) BrendaBrilhart@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. Purchasing Depar1nent•3327 Tamiami Trail East•Naples,Florida 34112-4901•www.colliergov.netlpurchasing • • Packet Page-1640- 9/9/2014 16.D.2. Table of Contents LEGAL NOTICE 3 EXHIBIT I:SCOPE OF WORK,SPECIFICATIONS AND RESPONSE FORMAT 4 EXHIBIT II:GENERAL RFP INSTRUCTIONS 9 EXHIBIT III:COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS 12 EXHIBIT IV:ADDITIONAL TERMS AND CONDITIONS FOR RFP 15 ATTACHMENT 1:VENDOR'S NON-RESPONSE STATEMENT 22 ATTACHMENT 2:VENDOR CHECK LIST 23 ATTACHMENT 3:CONFLICT OF INTEREST AFFIDAVIT 24 ATTACHMENT 4:VENDOR DECLARATION STATEMENT 25 ATTACHMENT 5:AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS 27 ATTACHMENT 6: IMMIGRATION AFFIDAVIT CERTIFICATION 28 ATTACHMENT 7:VENDOR SUBSTITUTE W—9 29 ATTACHMENT 8:INSURANCE AND BONDING REQUIREMENTS 30 ATTACHMENT 9:REFERENCE QUESTIONNAIRE 32 EXHIBIT A—SCOPE OF SERVICES Appendix A: Collection Count Estimates RFP 13-6146 RFID System for CC Library 2 Packet Page-1641- 9/9/2014 16.D.2. Colirer County Administrative Services Division Purchasing Legal Notice Sealed Proposals to provide Radio Frequency Identification (RFID) System for Collier County Public Library will be received until 3:00 PM Naples local time, on September 26, 2013 at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. RFP 13-6146 Radio Frequency Identification (RFID) System for Collier County Public Library Services to be provided may include, but not be limited to the following: This Request for Proposal, issued by the Collier County Public Library (CCPL) is for the supply and installation of a Radio Frequency Identification (RFID) library automation system including self-check and RFID-enabled book return, which shall work in conjunction with the Library's existing Integrated Library System (ILS), Innovative Interfaces Inc., Sierra. A pre-proposal conference will not be held for this solicitation. 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 Interim Purchasing & General Services Director This Public Notice was posted on the Collier County Purchasing Department website: www.colliergov.net/purchasinq and in the Lobby of Purchasing Building "G", Collier County Government Center on August 26, 2013. _`4. Pudiaspig Depa tmer •3301 Tamiami Tra}i East•Naples,Florida 34112•www.coliiergov.ne4'purchasing RFP 13-6146 RFID System for CC Library 3 Packet Page -1642- 9/9/2014 16.D.2. Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Library Department (hereinafter, the "Division or Department"), the Collier County Board of County Commissioners Purchasing Department (hereinafter, "County") has issued this Request for Proposal (hereinafter, "RFP") with the intent of obtaining proposals from interested and qualified Consultants in accordance with the terms, conditions and specifications stated or attached. The Consultant, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. 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 CCPL desires to install an RFID system and anticipates multiple benefits from such a system. These include staff savings and faster check-outs for customers through the use of self-service check-out counters; the ability of staff to provide additional services to customers as they search for and select materials; materials security added; a reduction in repetitive motion issues for staff; and a less labor intensive method to inventory specific collections. Among other benefits, the proposed RFID system should provide significant productivity gains through reduction in key labor-intensive workflow processes, enhanced customer service, reduced material losses, reduced incidents of staff repetitive motion injuries, and improved inventory accuracy. The RFID system must be optimized for use in a library environment, be efficient in its design through the elimination of redundant features, and be expandable. Scope of Work—See Exhibit A Contract The contract term, if an award(s) is/are made is intended to be for one year and four (1) one year renewal options. Prices shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment must be made on the contract anniversary date, in writing, to the Purchasing Director. Price adjustments are dependent upon the consumer price index (CPI) over the past twelve (12) months, budget availability and program manager approval. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. Projected 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. STEP I Date Issue Solicitation Notice 8/26/13 Last Date for Receipt of Written Questions 5:00 PM 9/19/13 Addendum Issued By 9/23/13 Solicitation Deadline Date and Time 3:00 PM 9/26/13 Anticipated Evaluation of Submittals By 10/11/13 STEP II . - Date Issue Invitation for Presentations to Short listed firms Vendor Presentations TBD Anticipated Completion of Contract Negotiations TBD Anticipated Board of County Commissioner's Approval Date November 2013 RFP 13-6146 RFID System for CC Library 4 Packet Page-1643- 9/9/2014 16.D.2. 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 RFP. All proposals should be presented as described in this RFP in PDF or Microsoft Word format with Tabs clearly marked. If outlined in this RFP, the utilization of recycled paper for proposal submission is strongly encouraged. ****ENTIRE PROPOSAL SHOULD NOT EXCEED 50 PAGES**** 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 its proposal. 1. Tab I, Cover Letter/Management Summary (5 points) Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein. 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. List all proposed subcontractors who will participate on the team. 2. Tab II, Minimum Requirements (15 points) In this tab, include documenting the ability to provide the following: • Real-time integration with the Library's ILS; Innovative Interfaces Inc. Library System; • Durable, ISO compliant RFID tags that easily affix to the item, regardless of its medium; • Multiple RFID tagging options that include easily maneuverable portable tagging stations for lease, or purchase as well as recommend tagging options that the library may have not specified. • Flexible self-checkout solution that can be integrated into existing staff checkout stations and furniture. The library also wishes to add the ability to allow the self-checkout stations to collect fees and fines and to print receipts; • RFID enabled book returns; (Optional) o The library may wish to add a RFID-enabled external book return; • RFID conversion of the Library's existing staff circulation stations or the provision of new hardware; • Shelf-reading and inventory tools that can accommodate any collection size with ease; Chart of current collection estimates are attached in Appendix A. • Optional ADA-compliant, Library-customizable security pedestals; • Comprehensive reporting capabilities. RFP 13-6146 RFID System for CC Library 5 Packet Page-1644- 9/9/2014 16.D.2. 3. Tab Ill, Cost of Services to the County (20 points) In this tab, include: In addition to the vendor's own attached quote sheet, proposal responses should include detailed pricing information. Vendor shall supply amount needed, unit prices, and extended prices for the proposed solution, including all hardware, software, installation, shipping, and training. Provide pricing for any proposed options that have been included in the response as well. Also indicate annual support and maintenance charges for the proposed solution for a period of five years following installation. Note any discounts if the Library chooses to pay for maintenance of the RFID system upfront. Shipping and any applicable taxes should be listed separately. Prices must be guaranteed for one hundred and eighty (180) days following proposal due date. • Provide the projected total cost and estimated calendar day duration (including projected hours) for which your firm will provide the work as described in the Minimum Requirements in Tab II of this RFP. • Provide proposed fee schedule of principals and staff(including sub-consultants). 4. Tab IV, Firms Qualifications & Projected Schedule: (10 Points) Provide information that documents your firm's and subcontractors' qualifications to produce the required deliverables, including abilities, capacity, skill, and financial strength, and number of years of experience in providing the required services. Describe the various team members' successful experience in working with one another on previous projects. • Project management and technical support personnel, with a brief description of each person's qualifications and experience; • Project implementation timeline for each major part of the implementation, such as tagging or installation; • Details of any materials that the Library will be expected to provide which are outside the provisions of the vendor's proposal; • Information on training materials, topics covered, training approach, and training schedule. Vendor Information The vendor shall provide information on its experience and qualifications, which enable it to provide a suitable solution for the Library, including, but not limited to, the following items: • A brief history of the company, including incorporation and ownership, and experience installing the products and services requested in this RFP. • Details of any parent company, partners, and suppliers as well as the nature of the vendor's relationship to them. • Details of any sale, acquisition, or merger anticipated by the vendor. • Details of any litigation instigated against the vendor or cancellation of contract for non- performance of the vendor in the past five years. • Demonstrable financial viability of vendor. • Any other information regarding the vendor's experience, which will assist the Library in evaluating the proposal and making an ultimate decision. RFP 13-6146 RFID System for CC Library 6 Packet Page-1645- 9/9/2014 16.D.2. List Current Projects in the Format Identified Below Original Final Project Number of,' Project Description Start Date End Date Change Budget Cost Orders 5. Tab V, Key Components of System (20 points) The following sections list key components and features necessary for efficiently achieving the functionality required. Responding vendors should include the following in the "Available" column: Y: The system meets this specification. = 20 points N: The system does not meet this specification. If there is an alternate functionality, please explain. = 0 points D: This functionality is under development. Indicate when it will be available as a generally released product. = 10 Points P: The system partially meets this functionality. Please explain the differences and exceptions. = 15 points F: This functionality is planned for the future. Indicate when it will be under development and available as a generally released product. Please also elaborate whether the Library will incur any additional costs for the product or service once it becomes available, either as a direct cost or because the product or service will serve as a replacement or addition. = 5 Points Any exception to the specifications must be stated. Vendors are advised that the Library is interested in receiving proposals that discuss a proven RFID system. Proposals for systems in an Alpha or Beta phase of development will not be considered. 6. Tab VI, References (5 points) In order for the vendor to be awarded any points for this tab, the County requests that the vendor submits five (5) completed reference forms from clients whose projects are of a similar nature to this solicitation as a part of their proposal. The County will only use the methodology calculations for the first five (5) references (only) submitted by the vendor in their proposal. The vendor must supply references for projects with a similar size and scope during the past three years, including libraries using the Innovative Interfaces Inc., Millennium or Siera ILS. Please provide: • Library name; • Contact name(s); • Email address; • Telephone number; • Brief description of the work performed, including products provided. ❑ 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 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. RFP 13-6146 RFID System for CC Library 7 Packet Page-1646- 9/9/2014 16.D.2. • 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 the first decimal point (per Microsoft Excel). For illustrative purposes only, see chart for an example of how these points would be distributed among the five proposers. Vendor Total Vendor Name Points Awarded Reference Score Vendor ABC 445 5 Vendor DEF 400 4.5 Vendor GHI 375 4.2 Vendor JKL 315 3.5 Note:Sample chart reflects a 5 point reference criterion. 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. 7. Tab VII, Acceptance of Conditions Indicate any exceptions to the general terms and conditions of the RFP, and to insurance requirements or any other requirements listed in this RFP. If no exceptions are indicated in this tabbed section, it will be understood that no exceptions to these documents will be considered after the award, or if applicable, during negotiations. Exceptions taken by a Vendor may result in evaluation point deduction(s) and/or exclusion of proposal for Selection Committee consideration, depending on the extent of the exception(s). Such determination shall be at the sole discretion of the County and Selection Committee. 8. Tab VIII, 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 • Attachment 7: Vendor Substitute W-9 • Attachment 8: Insurance and Bonding Requirements • Attachment 9: Reference Questionnaire STEP II, Presentations Short listed firms (maximum of four) from Step I will be invited to present to the Selection Committee. The Committee members will meet immediately after presentations and rank the firms taking in consideration the firms' entire proposal and information provided at the oral discussions. RFP 13-6146 RFID System for CC Library 8 Packet Page-1647- 9/9/2014 16.D.2. 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 (N/A) 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 3:00 PM, Naples local time, on or before September 26, 2013 to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Brenda Brilhart, Procurement Strategist RFP 13-6146 RFID System for CC Library 9 Packet Page-1648- 9/9/2014 16.D.2. 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 Purchasing/General Services 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 five (5) 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 87-25, and Collier County Resolution Number 2007-340 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 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 RFP 13-6146 RFID System for CC Library 10 Packet Page-1649- 9/9/2014 16.D.2. 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 and associated points are listed below. Tab I, Cover Letter 10 Tab II, Minimum Requirement 15 Tab III, Cost of Services to the County 20 Tab IV, Firms Qualifications 10 Tab V, Key Components 30 Tab VI, References 5 Local Vendor Preference 10 TOTAL POINTS 100 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. 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. RFP 13-6146 RFID System for CC Library 11 Packet Page-1650- 9/9/2014 16.D.2. Exhibit Ill: Collier County Purchase Order Terms and Conditions 1. Offer actual receipt of the goods by the COUNTY This offer is subject to cancellation by the nonetheless remain with VENDOR. COUNTY without notice if not accepted by b) No charges will be paid by the COUNTY for VENDOR within fourteen (14) days of issuance. packing, crating or cartage unless otherwise specifically stated in this Purchase Order. 2. Acceptance and Confirmation Unless otherwise provided in Purchase This Purchase Order (including all documents Order, no invoices shall be issued nor attached to or referenced therein) constitutes payments made prior to delivery. Unless the entire agreement between the parties, unless freight and other charges are itemized, any otherwise specifically noted by the COUNTY on discount will be taken on the full amount of the face of this Purchase Order. Each delivery of invoice. goods and/or services received by the COUNTY c) All shipments of goods scheduled on the from VENDOR shall be deemed to be upon the same day via the same route must be terms and conditions contained in this Purchase consolidated. Each shipping container must Order. be consecutively numbered and marked to show this Purchase Order number. The No additional terms may be added and Purchase container and Purchase Order numbers must Order may not be changed except by written be indicated on bill of lading. Packing slips instrument executed by the COUNTY. VENDOR must show Purchase Order number and must is deemed to be on notice that the COUNTY be included on each package of less than objects to any additional or different terms and container load (LCL) shipments and/or with conditions contained in any acknowledgment, each car load of equipment. The COUNTY invoice or other communication from VENDOR, reserves the right to refuse or return any notwithstanding the COUNTY'S acceptance or shipment or equipment at VENDOR'S payment for any delivery of goods and/or expense that is not marked with Purchase services, or any similar act by VENDOR. Order numbers. VENDOR agrees to declare to the carrier the value of any shipment made 3. Inspection under this Purchase Order and the full All goods and/or services delivered hereunder invoice value of such shipment. shall be received subject to the COUNTY'S d) All invoices must contain the Purchase Order inspection and approval and payment therefore number and any other specific information as shall not constitute acceptance. All payments are identified on the Purchase Order. Discounts subject to adjustment for shortage or rejection. of prompt payment will be computed from the All defective or nonconforming goods will be date of receipt of goods or from date of returned pursuant to VENDOR'S instruction at receipt of invoices, whichever is later. VENDOR'S expense. Payment will be made upon receipt of a proper invoice and in compliance with To the extent that a purchase order requires a Chapter 218, Fla. Stats., otherwise known as series of performances by VENDOR, the the "Local Government Prompt Payment COUNTY prospectively reserves the right to Act," and, pursuant to the Board of County cancel the entire remainder of the Purchase Commissioners Purchasing Policy. Order if goods and/or services provided early in the term of the Purchase Order are 5. Time Is Of the Essence non-conforming or otherwise rejected by the Time for delivery of goods or performance of COUNTY. services under this Purchase Order is of the essence. Failure of VENDOR to meet delivery 4. Shipping and Invoices schedules or deliver within a reasonable time, as a) All goods are FOB destination and must be interpreted by the COUNTY in its sole judgment, suitably packed and prepared to secure the shall entitle the COUNTY to seek all remedies lowest transportation rates and to comply available to it at law or in equity. VENDOR with all carrier regulations. Risk of loss of agrees to reimburse the COUNTY for any any goods sold hereunder shall transfer to expenses incurred in enforcing its rights. the COUNTY at the time and place of VENDOR further agrees that undiscovered delivery; provided that risk of loss prior to delivery of nonconforming goods and/or services RFP 13-6146 RFID System for CC Library 12 Packet Page-1651- 9/9/2014 16.D.2. is not a waiver of the COUNTY'S right to insist claims of negligence, costs and expenses, upon further compliance with all specifications. including but not limited to attorneys' fees, arising from, caused by or related to the injury or death 6. Changes of any person (including but not limited to The COUNTY may at any time and by written employees and agents of VENDOR in the notice make changes to drawings and performance of their duties or otherwise), or specifications, shipping instructions, quantities damage to property (including property of the and delivery schedules within the general scope COUNTY or other persons), which arise out of or of this Purchase Order. Should any such change are incident to the goods and/or services to be increase or decrease the cost of, or the time provided hereunder. required for performance of the Purchase Order, an equitable adjustment in the price and/or 11. Warranty of Non-Infringement delivery schedule will be negotiated by the VENDOR represents and warrants that all goods COUNTY and VENDOR. Notwithstanding the sold or services performed under this Purchase foregoing, VENDOR has an affirmative obligation Order are: a) in compliance with applicable laws; to give notice if the changes will decrease costs. b) do not infringe any patent, trademark, Any claims for adjustment by VENDOR must be copyright or trade secret; and c) do not constitute made within thirty (30) days from the date the unfair competition. change is ordered or within such additional period of time as may be agreed upon by the parties. VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims, 7. Warranties including claims of negligence, costs and VENDOR expressly warrants that the goods expense, including but not limited to attorneys' and/or services covered by this Purchase Order fees, which arise from any claim, suit or will conform to the specifications, drawings, proceeding alleging that the COUNTY'S use of samples or other descriptions furnished or the goods and/or services provided under this specified by the COUNTY, and will be of Purchase Order are inconsistent with VENDOR'S satisfactory material and quality production, free representations and warranties in section 11 (a). from defects and sufficient for the purpose intended. Goods shall be delivered free from any If any claim which arises from VENDOR'S breach security interest or other lien, encumbrance or of section 11 (a) has occurred, or is likely to claim of any third party. These warranties shall occur, VENDOR may, at the COUNTY'S option, survive inspection, acceptance, passage of title procure for the COUNTY the right to continue and payment by the COUNTY. using the goods or services, or replace or modify the goods or services so that they become 8. Statutory Conformity non-infringing, (without any material degradation Goods and services provided pursuant to this in performance, quality, functionality or additional Purchase Order, and their production and cost to the COUNTY). transportation shall conform to all applicable laws, including but not limited to the Occupational 12. Insurance Requirements Health and Safety Act, the Federal Transportation The VENDOR, at its sole expense, shall provide Act and the Fair Labor Standards Act, as well as commercial insurance of such type and with such any law or regulation noted on the face of the terms and limits as may be reasonably Purchase Order. associated with the Purchase Order. Providing and maintaining adequate insurance coverage is 9. Advertising a material obligation of the VENDOR. All No VENDOR providing goods and services to the insurance policies shall be executed through COUNTY shall advertise the fact that it has insurers authorized or eligible to write policies in contracted with the COUNTY for goods and/or the State of Florida. services, or appropriate or make use of the COUNTY'S name or other identifying marks or 13. Compliance with Laws property without the prior written consent of the In fulfilling the terms of this Purchase Order, COUNTY'S Purchasing Department. VENDOR agrees that it will comply with all federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of 10. Indemnification its business. By way of non-exhaustive example, VENDOR shall indemnify and hold harmless the this shall include the American with Disabilities COUNTY from any and all claims, including Act and all prohibitions against discrimination on RFP 13-6146 RFID System for CC Library 13 Packet Page-1652- 9/9/2014 16.D.2. the basis of race, religion, sex creed, national This Purchase Order may be terminated at any origin, handicap, marital status, or veterans' time by the COUNTY upon 30 days prior written status. Further, VENDOR acknowledges and notice to the VENDOR. This Purchase Order may without exception or stipulation shall be fully be terminated immediately by the COUNTY for responsible for complying with the provisions of breach by VENDOR of the terms and conditions the Immigration Reform and Control Act of 1986 of this Purchase Order, provided that COUNTY as located at 8 U.S.C. 1324, et seq. and has provided VENDOR with notice of such regulations relating thereto, as either may be breach and VENDOR has failed to cure within 10 amended. Failure by the awarded firm(s) to days of receipt of such notice. comply with the laws referenced herein shall constitute a breach of the award agreement and 19. General the County shall have the discretion to unilaterally a) This Purchase Order shall be governed by terminate said agreement immediately. Any the laws of the State of Florida. The venue breach of this provision may be regarded by the for any action brought to specifically enforce COUNTY as a material and substantial breach of any of the terms and conditions of this the contract arising from this Purchase Order. Purchase Order shall be the Twentieth Judicial Circuit in and for Collier County, 14. Force Majeure Florida Neither the COUNTY nor VENDOR shall be b) Failure of the COUNTY to act immediately in responsible for any delay or failure in response to a breach of this Purchase Order performance resulting from any cause beyond by VENDOR shall not constitute a waiver of their control, including, but without limitation to breach. Waiver of the COUNTY by any war, strikes, civil disturbances and acts of nature. default by VENDOR hereunder shall not be When VENDOR has knowledge of any actual or deemed a waiver of any subsequent default potential force majeure or other conditions which by VENDOR. will delay or threatens to delay timely c) All notices under this Purchase Order shall performance of this Purchase Order, VENDOR be sent to the respective addresses on the shall immediately give notice thereof, including all face page by certified mail, return receipt relevant information with respects to what steps requested, by overnight courier service, or by ,.•-■ VENDOR is taking to complete delivery of the personal delivery and will be deemed goods and/or services to the COUNTY. effective upon receipt. Postage, delivery and other charges shall be paid by the sender. A 15. Assignment party may change its address for notice by VENDOR may not assign this Purchase Order, written notice complying with the nor any money due or to become due without the requirements of this section. prior written consent of the COUNTY. Any d) The Vendor agrees to reimbursement of any assignment made without such consent shall be travel expenses that may be associated with deemed void. this Purchase Order in accordance with Florida Statute Chapter 112.061, Per Diem 16. Taxes and Travel Expenses for Public Officers, Goods and services procured subject to this employees and authorized persons. Purchase Order are exempt from Florida sales e) In the event of any conflict between or among and use tax on real property, transient rental the terms of any Contract Documents related property rented, tangible personal purchased or to this Purchase Order, the terms of the rented, or services purchased (Florida Statutes, Contract Documents shall take precedence Chapter 212), and from federal excise tax. over the terms of the Purchase Order. To the extent any terms and /or conditions of this 17. Annual Appropriations Purchase Order duplicate or overlap the The COUNTY'S performance and obligation to Terms and Conditions of the Contract pay under this Purchase Order shall be Documents, the provisions of the Terms contingent upon an annual appropriation of funds. and/or Conditions that are most favorable to the County and/or provide the greatest 18. Termination protection to the County shall govern. RFP 13-6146 RFID System for CC Library 14 Packet Page -1653- 9/9/2014 16.D.2. 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 and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such RFP 13-6146 RFID System for CC Library 15 Packet Page-1654- 9/9/2014 16.D.2. 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 r� 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 51% or more of the solicitation amount for said work. 5. County's Right to Inspect The County or its authorized Agent shall have the right to inspect the Vendor's facilities/project site during and after each work assignment the Vendor is performing. 6. 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. 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. 7. 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: RFP 13-6146 RFID System for CC Library 16 Packet Page-1655- 9/9/2014 16.D.2. 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 of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "[aches" 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. 8. 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- RFP 13-6146 RFID System for CC Library 17 Packet Page -1656- 9/9/2014 16.D.2. 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. 9. 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. 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. 10. 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. 11. 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. 12.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. 13. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a Proposal. RFP 13-6146 RFID System for CC Library 18 Packet Page -1657- 9/9/2014 16.D.2. 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 n 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 Purchasing Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. 14. Public Records Compliance The Contractor agrees to comply with the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2) (a)-(d) and (3)), ordinances, codes, rules, regulations and requirements of any governmental agencies. 15. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.org/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 16. Single Proposal Each 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 17. Survivability The Contractor agrees that any Purchase Order that extends beyond the expiration date of the original Solicitation RFP 13-6146 will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Purchase Order. 18. Protest Procedures Any actual or prospective Vendor to a Request for Proposal, who is aggrieved with respect to the former, shall file a written protest with the Purchasing Director prior to the due date for acceptance of proposals. All such protests must be filed with the Purchasing Director no later than 11:00 a.m. Collier County time on the final published date for the acceptance of the Request for Proposals. 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 Purchasing 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 Purchasing Director. RFP 13-6146 RFID System for CC Library 19 Packet Page -1658- 9/9/2014 16.D.2. 19. 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. 20. Security and Background Checks If required, Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department, and drug testing for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four(4) years. 21. Conflict of Interest 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. 22. Prohibition of Gifts to County Employees No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 23. Immigration Affidavit Certification Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet- based means of verifying employment eligibility of workers 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 RFP 13-6146 RFID System for CC Library 20 Packet Page-1659- 9/9/2014 16.D.2. Vendors 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 proposal. Acceptable evidence consists of a n 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 Vendor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the 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.qov/E-Verifv. 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 sea. 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. 24. 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. A "local business" is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. 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. 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. RFP 13-6146 RFID System for CC Library 21 Packet Page-1660- 9/9/2014 16.D.2. Co ier County Acirrtnistative Services Division Purchasing 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 RFP 13-6146 Radio Frequency Identification (RFID) System for Collier County Public Library for the following reason(s): ❑ 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.) ❑ Project is too small. ❑ Insufficient time allowed for preparation of response. ❑ Incorrect address used. Please correct mailing address: ❑ Other reason(s): Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Date RFP 13-6146 RFID System for CC Library 22 Packet Page -1661- 9/9/2014 16.D.2. Co ier County Administrative Services Division Purchasing Attachment 2: Vendor Check List IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your Proposal. Vendor should check off each of the following items as the necessary action is completed: ❑ The Proposal has been signed. ❑ All applicable forms have been signed and included, along with licenses to complete the requirements of the project. ❑ Any addenda have been signed and included. ❑ The mailing envelope has been addressed to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Brenda, Brilhart, Procurement Strategist ❑ The mailing envelope must be sealed and marked with Solicitation RFP 13-6146 Radio Frequency Identification (RFID) System for Collier County Public Library. ❑ 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.) ALL COURIER-DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Date RFP 13-6146 RFID System for CC Library 23 Packet Page-1662- Co lerC n4 t, 9/9/2014 16.D.2. Administrative Services Division Purchasing 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 Purchasing/General Services 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 RFP 13-6146 RFID System for CC Library 24 Packet Page -1663- 9/9/2014 16.D.2. Colter County Administrative Services Division Purchasing Attachment 4: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: RFP 13-6146 - Radio Frequency Identification (RFID) System for Collier County Public Library 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: RFP 13-6146 - Radio Frequency Identification (RFID) System for Collier County Public Library. (Proposal Continued on Next Page) RFP 13-6146 RFID System for CC Library 25 Packet Page-1664- 9/9/2014 16.D.2. 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 RFP 13-6146 RFID System for CC Library 26 Packet Page-1665- 9/9/2014 16.D.2. CoI�>�er Cvuszty ^ Administrative Services DNision Purchasing Attachment 5: Affidavit for Claiming Status as a Local Business Solicitation: RFP 13-6146 -Radio Frequency Identification (RFID) System for Collier County Public Library (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; A "local business" is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. 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. Vendor must complete the following information: Year Business Established in ECollier 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 ❑ 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) RFP 13-6146 RFID System for CC Library 27 Packet Page-1666- 9/9/2014 16.D.2. Co er County Aar Services Division Purchasing Attachment 6: Immigration Affidavit Certification Solicitation: 13-6146 -Radio Frequency Identification (RFID)System for Collier County Public Library 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-Verifv program,. may deem the Vendor 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. RFP 13-6146 RFID System for CC Library 28 Packet Page-1667- 9/9/2014 16.D.2. Corer County Administrative Services M Purchasing 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 RFP 13-6146 RFID System for CC Library 29 Packet Page-1668- 9/9/2014 16.D.2. Co er County Adrrinistalive Services Divion Purchasing 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 $500,000 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 ContractorNendor/ 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 ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/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. 5. ❑Automobile Liability $ Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired;Automobile Included 6. ❑ 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 ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ 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 El Professional Liability $ per claim and in the aggregate Packet Page-1669- 9/9/2014 16.D.2. • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ❑Valuable Papers Insurance $ Per Occurrence 7. ❑ 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. 8. ❑ 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. 9. ® 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. 10. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 11. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. ® Thirty (30) Days Cancellation Notice required. Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five(5)days of the award of this solicitation. Name of Firm Date Vendor Signature Print Name Insurance Agency Agent Name Telephone Number RFP 13-6146 RFID System for CC Library 31 Packet Page-1670- 9/9/2014 16.D.2. cobs County Admistrative Sewn Purchasing Attachment 9: Reference Questionnaire Solicitation: 13-6146-Radio Frequency Identification (RFID)System for Collier County Public Library Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: Company: (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) 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." Project Description: Completion Date: Project Budget: • Project Number of Days: Change Orders- Dollars Added : Change Orders- Days Added: Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on-time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Close out project process(final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow County policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future(customer satisfaction): TOTAL SCORE OF ALL ITEMS Please FAX this completed survey to: By RFP 13-6146 RFID System for CC Library 32 Packet Page-1671- 9/9/2014 16.D.2. EXHIBIT A—SCOPE OF SERVICES Critical Requirements The Library is seeking an RFID solution that will include tags, specified hardware, software, installation, project management, staff training, and on-going support and maintenance. Vendors must be able to demonstrate a proven ability to provide and implement the following: • Real-time integration with the Library's ILS; Innovative Interfaces Inc. Library System; • Durable, ISO compliant RFID tags that easily affix to the item, regardless of its medium; • Multiple RFID tagging options that include easily maneuverable portable tagging stations for lease, or purchase as well as recommend tagging options that the library may have not specified. • Flexible self-checkout solution that can be integrated into existing staff checkout stations and furniture. The library also wishes to add the ability to allow the self-checkout stations to collect fees and fines and to print receipts; • RFID enabled book returns; (Optional) o The library may wish to add a RFID-enabled external book return; • RFID conversion of the Library's existing staff circulation stations or the provision of new hardware; • Shelf-reading and inventory tools that can accommodate any collection size with ease; Chart of current collection estimates are attached in Appendix A. • Optional ADA-compliant, Library-customizable security pedestals; • Comprehensive reporting capabilities; • Library will not be purchasing any sorting equipment. Background The Collier County Public Library includes three (3) regional libraries, three (3) community libraries, and four ^ (4) neighborhood libraries. The facilities vary in size from 900 square feet to 42,000 square feet. Innovative Interfaces Inc., Sierra is the current ILS. The Library does not currently use any book security tags or strips. DVDs and CDs are kept in secure jewel cases that staff unlocks during the check-out process. Library will consider systems that rely only on the security in the RFID chips and those that use locking cases. The Library will consider systems that use security gates instead of locking media cases that need to be unlocked during the check-out process. Scope of Work The Library wishes to acquire the following system components. See Appendix B for an estimated count of components. • Public self-check stations, receipt printers, RFID-enabled book returns, Staff work stations, Security gates, RFID tags for various library materials. • Proposals should include all necessary information on hardware, software, shipping, installation, training, and five-year maintenance costs associated with the purchase of an RFID and security system. • Proposals should include `true costs of ownership' for a five-year period. • Proposals should include the minimum specifications for existing PCs and the Local Area Network (LAN)to operate in conjunction with the vendor's software. • Unless otherwise indicated, quantities specified are guidelines only and are not guaranteed to be purchased by the Library. • The intent is to use RFID in all library materials and all locations eventually. But the system may be `phased in' over several years. RFP 13-6146 RFID System for CC Library 33 Packet Page-1672- 9/9/2014 16.D.2. Proposals If the vendor's products and/or equipment are in any way not equivalent or comparable to the requirements set forth in this RFP, the discrepancy must be called out in the vendor's response. Any costs associated with the preparation and delivery of this proposal will be borne solely by the vendor. Prior to award of contract, a short-listed vendor may be required to demonstrate its solution to the selection committee at no cost to the Library. The quantities purchased will be limited by funds available. Delivery shall be F.O.B. to the Library. Prices shall be written in the proposal and will include extended maintenance for five years as well as any shipping, training, or miscellaneous other costs. Vendor will also provide a detailed quote sheet. Prices reflected in the proposal shall include any discounts. Unit prices will be quoted for all components, hardware, software, installation, and service. Vendor must include prices of all equipment and any options needed to meet specifications. All guarantees and warranties must be stated in writing and submitted as part of the proposal, and the vendor shall specify reliability and performance standards and will warrant these standards so as long as the system remains under vendor maintenance. Evaluation Criteria A committee will review submissions. Vendor selection will be based on the criteria starting on page 5 of this solicitation, and scope of services provided in Exhibit A: • Ability to interface with the Library's ILS provider (Innovative Interfaces, Inc); • Vendor reputation, experience, and qualifications in the library RFID field; • Response of vendor's references for similar projects; • Design, functionality; and suitability of the proposed solution; • Comprehensiveness and timeliness of the project implementation plan; • Clarity and completeness of the submitted proposal; • Ability of the vendor to conduct successful contract negotiations with the Library/County; • Affordability of the proposed system with clearly defined annual costs; • Flexibility of solution and vendors ability to integrate into the library building; • Vendors demonstrated focus and expertise in the library market System Description The Vendor shall fully describe and illustrate the products and systems that comprise its RFID solution. Description to include: • How its RFID offerings will benefit the Library in the areas of staff circulation, self-checkout, check- in, inventory management, and item security. • How vendor will assist the Library in its transition to RFID technology; • How vendor will offer on-going support and maintenance and ensure Library staff acceptance of new technology through effective, hands-on training. Project Implementation Upon receipt of the official award notice, the awarded vendor will submit a proposed project schedule to the RFP 13-6146 RFID System for CC Library 34 Packet Page-1673- 9/9/2014 16.D.2. library. The schedule is due within ten (10) calendar days of the bid award. This plan will include: • Project management and technical support personnel, with a brief description of each person's qualifications and experience; • Project implementation timeline for each major part of the implementation, such as tagging or installation; • Details of any materials that the Library will be expected to provide which are outside the provisions of the vendor's proposal; • Information on training materials, topics covered, training approach, and training schedule. General Specifications • System must use industry standard RFID hardware available from multiple RFID manufacturers. • Vendor must offer multiple CD/DVD tag options to include full overlay tags and small "hub"tags (if possible). Tagging Station Specifications • Station must be capable of programming tags by placing a tagged item on or in the vicinity of the station's antenna and then scanning the item's bar code. No additional steps should be required. Staff Station Specifications • Staff station must be capable of checking library materials in and out. • The system must be able to turn RFID security on and off as appropriate during ILS check-in and check-out activities. * Library will consider systems with separate unlocking stations for media. • If the ILS is capable, the staff check-in and check-out must be able to process items one at a time or simultaneously for multiple items in a stack. ILS messages must be properly handled when processing multiple items. • Station should provide visual and audio indication whenever the tag's security has been turned on or off. • Vendor can supply RFID antenna, RFID reader, RFID software, data connections needed to fully operate with library's already existing PC, scanner and receipt printer. Patron Self-Checkout Specifications • The self-checkout application must be intuitive and provide step-by-step audible and visual instructions that walk a patron through the checkout process. • Self-checkout units must integrate with the ILS—Innovative Interfaces Inc., Sierra. • The system must provide configurable audio, graphics, and text for each step (not just one graphic for the entire session). • The system must be able to display select information about the patron discreetly, including number of items checked out, number of items on hold, and/or any fines associated with the account. • Station must block both patrons and items that are blocked by the library's ILS. • Station must be able to perform checkout functions and deactivate RFID tag's security bit in just one process, even if multiple items are placed on the antenna. • System must be capable of handling both bar code and RFID-tagged materials. • Station must allow for placement of library items in any orientation. The user must be able to handle items of all types in exactly the same way. RFP 13-6146 RFID System for CC Library 35 Packet Page-1674- 9/9/2014 16.D.2. • Station must be capable of complying with ADA provisions for height and reach. Text and audio must be available to provide access for visually or hearing impaired patrons. • System must be able to indicate on the patron's receipt all items that were checked out along with the date and time. • Station must be able to handle items comprised of magnetic media without risk of damage or erasure. • Station must be able to scan barcode or RFID-based patron cards • Option must be available to enter patron PINs on the touch screen in addition to scanning library cards. • Station must have option to print no receipt, or a comprehensive receipt showing each item. Receipt must be customizable by the Library • Station must have the ability to provide multiple language selections. • Station's receipt printer must have an auto-cutter, must print no fewer than ten checked out items per second, and use standard receipt paper. • A list of all items on the screen showing which items have been successfully checked out which must match the printed receipt. • All on-screen text fields must have configurable fonts and font sizes. • Station must have an option to be built into or on top of the library's existing casework. • Station must have an option for a countertop or freestanding kiosk with cabinetry. • Station must be designed so that all hardware components are easily accessible and replaceable by library staff. • Station must be designed to accommodate future hardware upgrades with different physical footprints, including larger monitors. • Station could be capable of operating in a wireless mode. • Station must have the option for patrons to pay fines and fees by credit and/or debit card, cash using a cash acceptor/dispenser. • Library will consider systems with the option to unlock media security cases only after a patron has successfully checked the item out. This unlocking capability must support the commonly used brands of locking cases, including, but not limited to, Kwik Cases and those with hub-locks. The AV unlocking capability should be integrated directly into the self-checkout process and prevent patrons from unlocking items that have not been checked out. • Reporting is customizable by the Library, is available in a wide variety of formats, and comes from a number of different sources, including security gates, self-checkout transactions, and staff circulation stations. • Information available in the reporting module includes a number of different time ranges, successful check-outs, language selected, average number of items checked out, and more. Information is stored in accessible formats. • The Library will consider an optional RFID- capable "Smartphone App"that allows patrons to checkout items from their personal smart phone and then turn off security at a dedicated station just before leaving the library. • Payment software must be PCI complaint with third party certifications. Security Gate Pedestals Specifications • Security gate pedestals must not damage or erase magnetic material. RFP 13-6146 RF1D System for CC Library 36 Packet Page-1675- 9/9/2014 16.D.2. • Security gate pedestals must be able to operate with the library's network or circulation system and alarm as soon as an improperly checked out item passes through. • Security gate pedestals must be able to be customized to fit library decor. Such as with custom wood grain selections. • Security gate pedestals must possess both visual and audible alarms. • Security gate pedestals must conform to ADA requirements for door openings. • Security gate pedestals should have a built-in patron counter. • Security gate pedestals should perform bi-directional patron counting. Portable Inventory Reader Specifications • Library will consider portable inventory readers. • Reader offers data collection, security verification, search, shelving, sorting, and pulling capabilities and issue audible and visual tones for notification purposes. • Diagnostic tools are built in for ease of use. Mobile RFID Tagging Station Specifications • The system does not require any interface with the Library's ILS. • An option of tags being dispensed automatically upon successful programming is desirable as an option. • System is capable of reading a barcode label on a single item and encoding a new RFID tag with the barcode information. Automated Book Returns • library will consider automated book returns, but is not interested in sorting hardware. • Items must be checked into the circulation system in real-time with the ILS. • The book return system must enable returned items to be identified in the ILS as having been returned and it must update the patron account in real time. • In the process of checking in, RFID tagged items must have the security bit reactivated. • System must have an option for printing holds tickets for each item on hold as it is accepted into the system, listing the item title and information on patron requesting the item. • Return equipment should provide an optional check-in receipt to the patron. • Suitability to space available. The book return system must fit within the item-return area. Bids should include space required by automated book returns, without sorting equipment. Training and Documentation Vendor will supply training to the Library staff as part of the implementation process that will ensure the Library can manage the system after training. Provide a list of proposed training topics and times for each segment. Please also state whether the training will be on-site, via web conference, or by some other means. Include pricing for additional training—both on-site and remotely—as part of the Cost Proposal. Vendor must list all product documentation that will be provided to the Library. Please state whether this is hard copy and/or downloadable and how often it is updated. RFP 13-6146 RFID System for CC Library 37 Packet Page -1676- 9/9/2014 16.D.2. Support and Maintenance Vendor shall supply detailed information on its Support and Maintenance policy for its RFID system. Information should include: • Telephone support options and hours of operation; • Methods of logging support requests; • Guaranteed response times for both remote and on-site support; • System update and upgrade policy; • Turnaround time required by vendor to acquire replacement parts; • A sample Support and Maintenance Agreement; • A sample Service Level Agreement. Guarantees and Warranties Vendor shall provide details of all guarantees and warranties that accompany its solution. At a minimum, these must include a warranty that the solution will meet or exceed any standard performance and reliability standards included in its response to this RFP for the entire period that it is being maintained by the vendor. RFID SYSTEM FOR COLLIER COUNTY PUBLIC LIBRARY Product • RFID tags—AV items and books • Staff station with cables, RFID Reader, antenna & software Mobile conversion stations Rental • RFID Inventory Wand • Patron self-check system to include self- check software, RFID Pad and touch screen monitor with credit/debit card swipe and software • Option cash acceptance hardware, with warranty • Mobile App with Security Station • Security gates to read RFID tags &software • PCI Compliance Payment Software Installation • Shipping and Training A proposal will be accepted only upon execution of a contract. A vendor whose offer has not been rejected may be required to demonstrate its proposed solution at the Library free of charge. CCPL further reserves the right to enter into negotiations with one proposer at a time in ranked order. CCPL reserves the right not to base award of contract solely on price. CCPL will keep confidential any proprietary information as requested by the vendor in the proposal; any confidentiality claims must be noted in the submission. RFP 13-6146 RFID System for CC Library 38 Packet Page -1677- 9/9/2014 16.D.2. Appendix A: Collection Count Estimates Audio Music Playway Serials / Books Books CDs /MP3 Videos Misc. Totals Headquarters 6,000 95,000 4,100 450 15,500 15,000 136,0250 Naples Reg. 5,500 100,000 3,600 300 14,000 35,300 158,700 South Reg. 3,600 51,000 1,700 250 9,600 6,400 72,500 Golden Gate 3,300 50,000 1,600 275 9,300 6,300 70,775 Vanderbilt B. 3,000 37,000 1,500 250 7,900 4,700 54,350 Marco Island 2,700 46,000 1,500 200 8.000 7.000 65.400 Totals 24,100 379,000 14,000 1,725 64,300 74,700 557,825 Appendix B: Equipment Estimates Self-checkout Staff check- Staff Work Security Gates Stations out Stations Stations Headquarters 3 3 8 1 Entrance Door Naples Reg. 3 3 3 2 Entrance Doors South Reg. 3 3 3 2 Entrance Doors Golden Gate 3 3 3 2 Entrance Doors Vanderbilt B. 2 1 2 1 Entrance Door Marco Island 2 1 2 1 Entrance Door Totals RFP 13-6146 RFID System for CC Library 39 Packet Page-1678- 9/9/2014 16.D.2. ▪ . C OOOOOOOOO • r N Ch eh t0 CO 00 07 y tn � � MtntY) C) N- N- m • n• CO re) N- M C'r) CO CO CO M M M CO CD N O M M CO CO CO LO C0 a) C 4 O CO co 1 Da C 1C)' O O N. ▪ 0' 1 B.. . m 4 to w CD CO o = � a' C C CD M tt) 1� co C) 10, rI IC CIO 0 C O1 a C.) i '� d C V O co LL � . a cf9 L r M N O C70 CD I� O) •�' V irca L a: N W. N M co CD O ti O to U O0; a N m L CI .f �, ' m.CD A co to,= ' N r co 10 O�" hC > 2 O co,, CV N V U > GO) C 7) C 3 C7) vj U CQ CC tD fl Q fl • C d :c r. 'O *:L n. 0 CO U C a M O � C9 L 3 >• A N 0 J = p ,, ° a (�te C y<F U � '�, :a °' . ' ` `w om �t , ) u. cc 0) co co U a. Packet Page-1679- 9/9/2014 16.D.2. . O O O L3, il:G r CD M CD M 4 to co .._. 9 M CV N 'Q r N M CD,; T .ate O N U :U EL' m N a , N ? r Cr) N CD CD r .C ,L E 0,N R Lo ! Q O C �_ !� - _ V J r M N CD' ri C C �, "' ++:: O o co C V CU C U ' a O a co LL L L r N Ch co as' (I): V _ ,, L o a) o E E �! :::a,,: 4i � OL: a ti, D I— I Cj y r M NCD CO: O �' .�G '0 V U) L) ca C N •'C (1) T > CU 7 N d d L g� M d :,„:-, „„,„::„,„„„„„.„,::,:„„„:::: .::,. : ".(---, ',. E.,--,.,:,:g,,,,,,,,,,:g::::,,,:lp:i.:: -Z t) --t il V O F-!L > , 0) CU w M m � 0.C 2 CC u) a Packet Page-1680- 9/9/2014 16.D.2. AGREEMENT13-6146 for Radio Frequency Identification IRFID) System for Collier County Public Library THIS AGREEMENT, made and entered into on this day of 2014, by and between Bibliotheca, LLC, authorized to do business in the State of Florida, whose business address is 3169 Holcomb Bridge Road, Suite 200, Norcross, GA 30071, (the "Consultant" or "Bibliotheca") and Collier County, a political subdivision of the State of Florida, (the "County" or"Library"): WITNESSETH: 1. COMMENCEMENT. The Consultant shall commence the work upon an issuance of a Purchase Order. 2. CONTRACT TERM. The contract shall be for a five (5) year period, commencing on Date of Board award and terminating five (5) years from that date. The County shall give the Consultant written notice of the County's intention to renew the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. After the initial twelve (12) month period, the Agreement can be cancelled on the anniversary date of each subsequent twelve (12) month period with a thirty (30) day minimum notice period. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Consultant written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. The first year of warranty will commence on the Go Live date. Go Live Date means, with respect to the Bibliotheca Software license orders, the date on which the Software is available for operational use for normal daily business, including performing core functions for which it was intended. The initial maintenance and support shall be paid in twelve (12) month installments in accordance to Exhibit F-Support and Maintenance Fee Schedule. Subsequent years of maintenance and support and subscriptions fees are to be paid annually on the anniversary of the Go Live date. Service and Maintenance may continue to be renewed annually after the initial five (5) year contract term on the Go Live date upon written notice by the County or unless terminated by the County with thirty (30) days notice. Prices shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment must be made on the contract Page 1 of 27 Packet Page-1681- G I • 9/9/2014 16.D.2. anniversary date, in writing, to the Purchasing Director. Price adjustments are dependent upon the consumer price index (CPI) over the past twelve (12) months, budget availability and program manager approval. 3. STATEMENT OF WORK. The Consultant shall provide services for the furnishing and installation of a Radio Frequency Identification ("RFID") system at Collier County Public Library locations in accordance with Exhibit A,Scope of Services, attached herein and incorporated by reference, the terms and conditions of RFP #13-6146 and the Consultant's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County Purchasing Ordinance and Purchasing Procedures in effect at the time such services are authorized. 4. COMPENSATION. The County shall pay the Consultant for the P erformance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by the County Project Manager or his designee pursuant to the fees as set forth in Exhibit "B", included in this Agreement. Payments shall be made to the Consultant when requested as work progresses, but not more frequently than once per month. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218 Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of"laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 5. SALES TAX. Consultant shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its Consultants under Chapter 212,Florida Statutes,Certificate of Exemption#85-8015966531C-2. 6. NOTICES. All notices from the County to the Consultant shall be deemed duly served if mailed or faxed to the Consultant at the following Address: Al Coalla,CEO Bibliotheca, LLC 3169 Holcomb Bridge Rd.,Ste. 200 Norcross,GA 30071 Telephone: 877-207-3127 Page 2 of 27 Packet Page-1682- 9 I 9/9/2014 16.D.2. Facsimile: 877-207-3129 All Notices from the Consultant to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department 3327 Tamiami Trail,East Naples, Florida 34112 Attention:Joanne Markiewicz,Director,Procurement Services Telephone: 239-252-8407 Facsimile: 239-252-6480 The Consultant and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Consultant or to constitute the Consultant as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all professional and business permits necessary for the prosecution of the Work shall be obtained by the Consultant. The Consultant shall not be responsible for project specific permits although the Consultant shall provide assistance to the County in applying for such permits to the extent specified in the Statement of Work. Payment for all such permits issued by the County shall be processed internally by the County. The Consultant shall also be solely responsible for payment of any and all taxes levied on the Consultant. In addition, the Consultant shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Consultant agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Consultant. 8.1 With respect with software licenses, for software developed by Consultant, the license agreement shall be as provided in Exhibit D. 9. NO IMPROPER USE. The Consultant will not use, nor suffer or permit any person to use in any manner whatsoever,County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Consultant or if the County or its authorized representative shall deem any conduct on the part of the Consultant to be objectionable or improper, the County shall have the right to suspend the contract of the Consultant. Should the Consultant fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) Page 3 of 27 Packet Page-1683- �q 9/9/2014 16.D.2. hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Consultant further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Consultant be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause upon thirty (30) days written notice to Consultant and failure of the Consultant to cure the default during the thirty (30) day period; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. In the event that the County terminates this Agreement, Consultant's recovery against the County shall be limited to that portion of the Contract Amount earned through the date of termination. The Consultant shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination as to race,sex,color,creed or national origin. 12. INSURANCE. The Consultant shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of$500,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Consultants; Products and Completed Operations and Contractual Liability. B. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $100,000 for each accident. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Consultant during the duration of this Agreement. The Consultant shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: ten (10) days prior written notice, or in accordance with policy provisions. Consultant shall also notify County, in a like manner, within twenty- four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or Page 4 of 27 Packet Page-1684- M 9/9/2014 16.D.2. material change in coverage or limits received by Consultant from its insurer, and nothing contained herein shall relieve Consultant of this requirement to provide notice. Consultant shall ensure that all Subcontractors/Subconsultants comply with the same insurance requirements that he is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Consultant, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant or anyone employed or utilized by the Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Consultant, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Consultant. Consultant's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Library Department. 15. CONFLICT OF INTEREST. Consultant represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Consultant further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the following component parts, all of which are as fully a part of the contract as if herein set out verbatim: Exhibit A Scope of Services, Exhibit B Price Schedule, Exhibit C Project Schedule, Exhibit D Software License Agreement, Exhibit E Product Support and Maintenance Agreement, Exhibit F Product Support and Maintenance Fee Schedule, Exhibit F-1 Equipment Warranty, Exhibit G Product Maintenance and Lifespan Policy, Page 5 of 27 Packet Page-1685- 9/9/2014 16.D.2. Consultant's Proposal, Insurance Certificate(s), RFP #13-6146 Specifications/Scope of Services and Addenda. 17. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 18. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 19. COMPLIANCE WITH LAWS. By executing and entering into this agreement, the Consultant is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes), and the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. §119.0701(2)(a)-(d) and (3))). If Consultant observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Consultant to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 20. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 21. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 22. ADDITIONAL ITEMS/SERVICES: Additional items and/or services may be added to this contract in compliance with the Purchasing Ordinance and Purchasing Procedures. Page 6 of 27 Packet Page-1686- cA 9/9/2014 16.D.2. 23. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties,the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Consultant with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Consultant with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 24. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 25. KEY PERSONNEL/PROTECT STAFFING. The Consultant's personnel and management to be utilized for this contract/project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the contract. The Consultant shall assign as many people as necessary to complete the required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service delivery dates/dates set forth in the Project Schedule. 26. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Request for Proposal (RFP) and/or the Consultant's Proposal,the Contract Documents shall take precedence. 27. ASSIGNMENT. Consultant shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Consultant does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Consultant all of the obligations and responsibilities that Consultant has assumed toward the County. Page 7 of 27 Packet Page-1687- Cq AIM 9/9/2014 16.D.2. IN WITNESS WHEREOF, the parties hereto,have each,respectively,by an authorized person or agent,have executed this Agreement on the date and year first written above. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY,FLORIDA Dwight E. Brock,Clerk of Courts By: By: Tom Henning,Chairman Dated: (SEAL) Bibliotheca,LLC Consultant By: First Witness Signature TType/print witness namel' l'Type/print signature and titlel' Second Witness 1'Type/print witness nameT Approved as to Form and Legality: Assistant County Attorney Print Name Page 8 of 27 Cq Packet Page-1688- 9/9/2014 16.D.2. EXHIBIT A-SCOPE OF SERVICES The implementation of RFID technology at Collier County Public Library locations by Bibliotheca will be a phased project as detailed below,depending on the availability of funds. Bibliotheca will provide the products at the prices noted in Exhibit B Price Schedule, to include all software and hardware, shipping, installation,and training. The training provided by Bibliotheca shall be as outlined in its proposal. The Library will be responsible for any SIP2 licenses (as applicable) and/or for all licenses and permits required for the execution of the work, such as construction beyond the scope of services detailed here. The Library will designate a contact person(s) in order to coordinate with Bibliotheca representatives on all technical aspects and implementation of the system. As noted in Exhibit C - Project Schedule, Bibliotheca will adhere to the timeline indicated. Any changes to the Project Schedule must be approved in writing by the Parties. Changes and/or revisions to any tasks, services, locations or allocation of services and/or products for each Phase will be decided on jointly by the Library and Bibliotheca. Changes may be made for various reasons, including, but not limited to: accommodation of library programs and events, delayed implementations and/or opening days, various holidays, schedule changes and funding availability. Phase 1 -Fiscal Year 2014-2015 Purchase and install RFID tags for all library materials; purchase and install software and equipment at library headquarters and Marco Island library. Products delivered at the outset of the project are: • 2,000 smartlabel 100 clear 2 x 2 RFID tags • 102,000 smartlabel 110 2 x 2 RFID tags plus 20,000 additional tags at no charge, for a total of 122,000 2 x 2 tags • 530,000 smartlabel 200 2 x 3 RFID tags plus 20,000 additional tags at no charge, for a total of 550,000 2 x 3 tags • 100,000 smartlabel 300 CD/DVD hub tag plus 4,000 additional tags at no charge, for a total of 104,000 hub tags • 85,000 smartlabel 310 full coverage tags plus 4,000 additional tags at no charge, for a total of 89,000 full coverage tags • Six (6) smartstation 700 tagging carts leased to the Library for four(4) months each • Software will consist of one system-wide software license to operate RFID components and fines and fees configuration • Tagging services,in accordance with Exhibit B, Price Schedule Headquarters will receive the following: • 6 smartadmin licenses for reporting,configuration,and monitoring • 4 smartserve 1000 self-checkout kiosks with payment • 1 smartserve 400 self-checkout kiosk • 1 smartstock 300 handheld checkout device Page 9 of 27 Packet Page-1689- 9/9/2014 16.D.2. • 12 smartstation 200 staff stations • 1 smartgate 400 dual aisle security gate • 3 smartstock 200 handheld inventory units Marco Island library will receive the following: • 5 smartadmin licenses for reporting,configuration,and monitoring • 1 smartserve 1000 self-checkout kiosks with payment • 1 smartserve 400 self-checkout kiosk • 5 smartstation 200 staff stations • 2 smartgate 400 single aisle security gate systems • 1 smartgate 400 quad aisle security gate Phase 2 - Fiscal Year 2016/2017 (Timeframe for installation will be dependent upon budget availability) Purchase and install equipment at the Naples Regional, Golden Gate City, and Vanderbilt Beach branches. Naples Regional will receive the following: • 6 smartadmin licenses for reporting,configuration,and monitoring • 2 smartserve 1000 self-checkout kiosks with payment • 1 smartserve 1000-D self-checkout kiosk with payment • 1 smartserve 400 self-checkout kiosk • 5 smartstation 200 staff stations • 2 smartgate 400 quad aisle security gate systems Golden Gate City will receive the following: • 5 smartadmin licenses for reporting,configuration, and monitoring • 1 smartserve 1000 self-checkout kiosks with payment • 1 smartserve 400 self-checkout kiosk • 5 smartstation 200 staff stations • 1 smartgate 400 dual aisle security gate • 1 smartgate 400 triple aisle security gate Vanderbilt Beach will receive the following: • 4 smartadmin licenses for reporting,configuration,and monitoring • 1 smartserve 1000 self-checkout kiosks with payment • 1 smartserve 1000-D self-checkout kiosk with payment • 5 smartstation 200 staff stations • 1 smartgate 400 single aisle security gate • 1 smartgate 400 dual aisle security gate Page 10 of 27 ex) Packet Page-1690- 9/9/2014 16.D.2. Phase 3 - Fiscal Year 2017/2018 (Timeframe for installation will be dependent upon budget availability) Purchase and install equipment at the South Regional, East Naples, Estates and Immokalee branches. Install staff equipment at Everglades City Branch (no self-service stations are planned here); quantities are to be determined and are not included in the Scope of Services. South Regional will receive the following: • 4 smartadmin licenses for reporting,configuration,and monitoring • 2 smartserve 1000 self-checkout kiosks with payment • 1 smartserve 400 self-checkout kiosk • 5 smartstation 200 staff stations • 2 smartgate 400 dual aisle security gate systems East Naples will receive the following: • 9 smartadmin licenses for reporting,configuration, and monitoring • 2 smartserve 1000 self-checkout kiosks with payment • 5 smartstation 200 staff stations • 2 smartgate 400 dual aisle security gate systems Estates will receive the following: • 4 smartadmin licenses for reporting,configuration,and monitoring • 2 smartserve 1000 self-checkout kiosks with payment • 1 smartserve 400 self-checkout kiosk • 5 smartstation 200 staff stations • 1 smartgate 400 dual aisle security gate Immokalee will receive the following: • 3 smartadmin licenses for reporting,configuration, and monitoring • 1 smartserve 1000 self-checkout kiosks with payment • 5 smartstation 200 staff stations • 2 smartgate 400 dual aisle security gate systems Page 11 of 27 Packet Page -1691- ��� 9/9/2014 16.D.2. EXHIBIT B -PRICE SCHEDULE PHASE 1 Main Branch Marco Island Branch Product Equipment Branch Cost Branch Cost Quantity Equipment Quantity RFID All Inclusive Software System License 1 $58,500.00 smartadmin'"Software(Per Single Connected Device) 6 $600.00 5 $500.00 smartserve 1000- Debit/CC/Coin/Bill 4 $71,168.40 1 $17,792.10 smartserve 400 1 $3,996.00 1 $3,996.00 smartstockTM 300 Handheld Device with Apple iPod Touch(Gen4)16GB, Black 1 $1,516.00 smartstation"200 Shielded Staff Station 12 $8,340.00 5 $3,475.00 smartgateTM 400 Single Aisle Security Gate (Hardware) 2 $11,386.00 smartgate'400 Dual Aisle Security Gate(Hardware) 1 $7,192.00 smartgate 400 Quad Aisle Security Gate (Hardware) 1 $9,675.20 smartlabelTM 100 Clear 2"x 2" Square Book Tag 2,000 $ 380.00 smartlabel" 110 2"x 2"Square ** 20K FREE Book Tag 102,000 $14,178.00 Tags smartlabelTM 200 2"x 3" Credit Card ** 20K FREE Sized Book Tag 530,000 $73,670.00 Tags **4K FREE smartlabelTM 300 CD/DVD Hub Tag 100,000 $18,000.00 Tags smartlabel"310 Standard Full **4K FREE Coverage DVD-Only Tag 85,000 $52,700.00 Tags Page 12 of 27 CAGE Packet Page-1692- 9/9/2014 16.D.2. Product Main Branch Marco Island Branch Equipment Branch Cost Branch Cost Quantity Equipment Quantity smartstationTM 700 Tagging Cart 6 Carts for 4 Lease(Qty. is Per Month) Months $0.00 smartstockTM 200 All-in-One Inventory Reader 3 $9,885.00 System Fines& Fees Configuration Fee 1 $0.00 On Site Installation Fee $0.00 Total Equipment and Product Fee $320,125.40 $46,824.30 Total Shipping Charge $2,971.33 $2,971.33 Total Tagging Fee** $ 155,208.50 PHASE 1 GRAND TOTAL= $ 528,100.86 **If County staff assists in the tagging process, the tagging cost will be prorated in accordance with the associated price listed below: Quantity Sale Price per Tagging-Phase 1 Quantity Items with one tag 493,525 $0.26 Items requiring two tags 74,700 $0.36 Page 13 of 27 Packet Page -1693- LA"" 9/9/2014 16.D.2. EXHIBIT B -PRICE SCHEDULE Note: This Phase II Price Schedule is based on projected need for the equipment and software listed below. The County shall have the right to modify the type, quantity and distribution of equipment in order to best meet the project needs if business requirements change based on Phase I installation and operation. PHASE 2 Vanderbilt Golden Gate City Naples Branch Branch Branch Branch Branch Regional Cost Product Branch Equipment Cost Equipment Cost Quantity Quantity Equipment Quantity smartadminn4 Software 4 $400.00 5 $500.00 6 $600.00 (Per Single Connected Device) smartserve 1000- 1 $17,792.10 1 $17,792.10 2 $35,584.20 Debit/CC/Coin/Bill smartserve 1050 Counter 1 $12,680.00 1 $12,680.00 Top-Debit/CC smartserve 400 1 $3,996.00 1 $3,996.00 smartstation""200 5 $3,475.00 5 $3,475.00 5 $3,475.00 Shielded Staff Station smartgateTM 400 Single 1 $5,693.00 Aisle Security Gate (Hardware) smartgateTM 400 Dual 1 $7,192.00 1 $7,192.00 Aisle Security Gate (Hardware) smartgateT"400 Trippel 1 $9,493.00 Aisle Security Gate (Hardware) smartgate 400 Quad Aisle 2 $19,350.40 Security Gate(Hardware) System Fines&Fees Configuration $0.00 $0.00 $0.00 Total Equipment and Product Fee $47,232.10 $42,448.10 $75,685.60 Total Shipping Charge $2,971.33 $2,971.33 $2,971.33 PHASE 2 GRAND TOTAL= $174,279.79 Page 14 of 27 Packet Page-1694- GP* 9/9/2014 16.D.2. EXHIBIT B - PRICE SCHEDULE Note: This Phase III Price Schedule is based on projected need for the equipment and software listed below. The County shall have the right to modify the type, quantity and distribution of equipment in order to best meet the project needs if business requirements change based on Phase I and/or Phase II installation and operation. PHASE 3 Product South Branch Immokalee . Branch East Naples Branch Estates Branch Regional Cost Branch Cost Branch Cost Branch Cost Branch Equipment Equipment Equipment Equipment Quantity Quantity Quantity Quanti smartadminT" Software(Per Single Connected Device) 4 $400.00 3 $300.00 9 $900.00 4 $400.00 smartserve 1000- Debit/CC/Coin/Bill 2 $35,584.20 1 $17,792.10 2 $35,584.202 $35,584.20 smartserve 400 1 $3,996.00 1 $3,996.00 smartstation'"200 - Shielded Staff Station 5 $3,475.00 5 $3,475.00 5 $3,475.00 5 $3,475.00 smartgate'"400 Dual Aisle Security Gate(Hardware) 2 $14,384.00 2 $14,384.00 42 $14,384.001 $7,192.00 System Fines& Fees Configuration $0.00 $0.00 $0.00 $0.00 Total Equipment and Product Fee $57,839.20 $35,951.10 $54,343.20 $53,618.53 Total Shipping Charge $2,971.33 $2,971.33 $2,971.33 $2,971.33 PHASE 3 GRAND TOTAL= $213,637.35 Page 15 of 27 Packet Page -1695- 9/9/2014 16.D.2. EXHIBIT C-PROJECT SCHEDULE (following this page; subject to revisions and/or changes as the project progresses) Page 16 of 27 CA Packet Page-1696- 9/9/2014 16.D.2. \,,.... .)., ., . .. ........._..... ._....*....... _ .. .._. _ _ _ _ _... ..... _ — _ 8 .•_...____._......_....... _ _ - — - .... _.. _.... .._ _ .,_....... .__.. _._ _ _ ......_ ._ .. ...... ._. ---•--- -—----- -A . 8 A , a <.) 8 41 fi 2 i i I i 4, 1 a a s I .1. se t.._ - — a — I - . _. A s 1 - s w t i I . . 1-.. 1 . i _i s t I i . i _I . .... I' . -2 E X V 3 I = 3 I a 1 = 4! a _ to w i I !•-• 2 1 i — — ---— , ..... ; ,Inn - — • • 0 re a E.-. . PCI - § _ § ::-.7.vv.,. :v 5 4 ,i Ci.!F• !,..1 , 55 :r !.-▪ !:-.Ir. •- • 1 1 - : 1 i _._,_ ten . N. i t V N I N. IV N N CC N 1 CC .X 1 1 L N. RI- _ ,,-.:!,..if...!r. r- ■rs! 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EXHIBIT D-SOFTWARE LICENSE AGREEMENT Bibliotheca, LLC ("Consultant") hereby agrees to grant Collier County, a political subdivision of the State of Florida ("County" or "Library"), who hereby agrees to accept the following licensed rights and limitations ("License") for Library's use of Consultant provided software. 1. Definitions: Software: Software, under the terms and conditions of this License (referenced hereinafter as "Software"), means any of the following components provided to Library by Consultant: (a) Any computer programs provided by Consultant, either consisting of a set of instructions, calculations and/or statements loaded in a computer (or a device which incorporates a computer) or recorded on a computer readable medium for loading in a computer; (b) Supportive instructional/reference materials such as: training materials, manuals, on-screen tutorials, and other computer program relevant materials whether on paper or computer readable media ("Documentation"); and (c) Any new release, update, upgrade, enhancement, addition, supplement, modification of a program or additional Consultant Software and/or its Documentation provided by Consultant, subsequent to the initial delivery, that is not licensed by specific reference under a mutually agreed upon separate license agreement. Object Code: The machine language readable format of the Software together with any modifications, enhancements, upgrades, updates, additions and derivatives thereof. Source Code: source code programming statements for the SOFTWARE and instructions written by programmer(s), including comments, remarks, and any other documentation embedded within the source code, that are in human readable form and not yet compiled into machine language, in electronic media or hard copy form and related programmer-level documentation for the computer programs that are sufficient to enable a competent programmer to understand all details pertaining to the algorithms embodied in the operation of the computer programs and other proprietary technology now held or hereafter acquired, together with any modifications, enhancements, additions, upgrades, updates and derivatives thereof. 2. Grant of License: Consultant hereby grants Library and Library hereby accepts a perpetual, non-transferable, non-exclusive, system-wide license, under applicable Page 17 of 27 CA Packet Page-1700- 9/9/2014 16.D.2. copyrights and/or trade secrets, to use Consultant-provided Software delivered to the Library. All Software (other than Documentation) will be provided by Consultant to the Library in machine-readable object code only. Library acknowledges that it does not acquire any rights of title or ownership in the Software (including Documentation) and agrees that all proprietary rights to the Software shall at all times remain with Consultant or its relevant third-party provider. Granting of Software license is applicable to all Library locations. In the event that the Consultant no longer commercially supports the Software and Documentation, the Consultant shall provide a copy of the Source code to the Library upon request which the Library shall be entitled to use for purposes of continuation of the use of the Software for the Library's operations. In no event shall the Library modify the Software or the source code to compete with any software available from the Consultant. Library may, for its internal use only, print or otherwise reproduce Consultant developed Documentation if all included Consultant markings, e.g. trademarks, copyrights and statements of confidentiality, are included on each copy. Library acknowledges and agrees that any third party documentation supplied by Consultant, which is marked as copyrighted and/or confidential, shall not be copied or reproduced in any manner. 3. Term of License: The term of the License for the Software is in perpetuity unless otherwise terminated as provided herein. Upon termination of the License or this Agreement, the Library shall cease all use of the Software and remove the Software from its network or operating systems. The Library acknowledges and agrees that if this Agreement terminates for any reason, all of Library's licensed rights to the Software (including Documentation) are relinquished and, within thirty (30) business days thereafter, the Library (at Consultant's option) will either deliver to Consultant or destroy the original and all copies of the Software including its Documentation. Upon Consultant's request, Library agrees to certify to Consultant in writing its full compliance with this provision. In the event that the Consultant no longer commercially supports the Software, the Library may continue to use the Software in perpetuity subject to use of the Software in the same manner permitted under this Agreement. In no event shall the Library use or modify the Software to compete with any software available from the Consultant. 4. Assignment: This License and any rights granted herein shall not be transferred, sub-licensed or assigned to any third party without the prior written consent of Consultant.Consultant shall not assign this Agreement or any part thereof,without the prior consent in writing by the Library. 5. Termination: If Library neglects or fails to pay the specified license fees, or fails to adhere to any of its obligations hereunder, this license may be terminated by Page 18 of 27 Packet Page -1701- (Q 9/9/2014 16.D.2. Consultant for cause by providing a thirty (30) day written notice to the Library. n The Library shall have sixty (60) days after receiving notice of such failed compliances from Consultant to cure the default. Either party may terminate this Agreement for convenience with a thirty (30) day written notice. In the event that the Agreement is terminated, Consultant's recovery against the Library shall be limited to that portion of the Agreement Amount earned through the date of termination. The Consultant shall not be entitled to any other or further recovery against the Library, including, but not limited to, any damages or any anticipated profit on portions of the services not performed or materials not provided. 6. Security and Limitations of License: Library acknowledges and agrees that (a) All Software and upgrades of Software (including its Documentation), which are provided to Library by Consultant, contain proprietary copyrighted, trade secret and/or confidential information of Consultant or its relevant third-party provider; (b) Library shall not decrypt, reverse engineer, reverse compile, modify, or create derivative works of the Software; (c) Library and its employees shall take all reasonable precautions to safeguard and hold all Software, including upgrades, additions and enhancements, in confidence, at least to the same extent that it protects its own most valuable confidential information; (d) If Library violates this License or does not pay the agreed upon licensing fees, Consultant will have all of the rights provided herein and available under law; (e) If any other communication, agreement or purchase order conflicts with, or may affect interpretation of, the understandings set forth herein, this License shall control as the singular expression of licensed rights. (f) Confidentiality of information contained in this agreement is subject to the requirements of the Florida Public Records Act, Chapter 119, Fla. Stat., and the Florida Sunshine Law,Chapter 286,Fla. Stat. Page 19 of 27 Cq Packet Page-1702- • 9/9/2014 16.D.2. EXHIBIT E-PRODUCT SUPPORT AND MAINTENANCE AGREEMENT These Terms and Conditions of Product Support and Maintenance Agreement ("Agreement") are evergreen in nature and do not expire. Billing cycle for this Product Support and Maintenance Agreement will be on an annual basis beginning with the Go Live Date for each appropriate phase. I. Coverage. Bibliotheca will provide Library support and maintenance services on an annual basis subject to Bibliotheca's Equipment Lifecycle Policy Exhibit G and payment of the annual Product Support and Maintenance Fee Exhibit F,which are attached herein and incorporated by reference. The following services will be provided during the period covered as described below: i. With the exception of consumable supplies (e.g. print ribbons) and parts with specified limited usage life spans (e.g. printer heads), Bibliotheca will repair or replace hardware components unless such failure is caused by the Library,as determined by Bibliotheca in consultation with the Library. ii. Replacement parts, either new or refurbished, will be equal to or better than the parts being replaced. Replacement parts will be provided on an exchange basis. End of Support(EOS) for Hardware products is specified in the attached Exhibit G -Bibliotheca Maintenance and Equipment Lifecycle Policy. iii. In the event that the Library reports material bugs or defects in the Software, Bibliotheca shall use commercially reasonable efforts to correct or replace the Software or provide the services necessary to remedy any programming error attributable to Bibliotheca that significantly affects the functionality of the Software. iv. Bibliotheca shall provide points of contact for Library to report Product problems, failures, and defects and to request Product changes and enhancements. v. Bibliotheca shall provide the maintenance and support services through its 24/7 telephone and email support. Bibliotheca will initiate a responding contact with the Library within two (2) business hours from receipt of such report, either by phone or email. If the malfunctioning equipment is determined to be an 'On-Site Repair' component, Bibliotheca will contact the Library again within one (1) business day to arrange a technician's site visit. vi. Bibliotheca shall be responsible for shipping costs of products and components covered under this agreement. Page 20 of 27 Packet Page-1703- GP 9/9/2014 16.D.2. vii. As a part of this agreement, Bibliotheca shall supply Library any and all t•-■' updates, improvements, and modifications to the Licensed Programs that Bibliotheca makes available to its licensees at no charge. Such updates, improvements, and modifications shall be provided to the Library within the framework of periodic official releases. Software support will be provided for the previous releases for a minimum period of twelve (12) months following the general availability of such new releases. viii. Maintenance services to be provided by Bibliotheca under this Agreement do not include: i. Correction of errors arising from changes, alterations, additions, or modification by persons other than the employees or agents of Bibliotheca or caused by the operation of the Product other than in accordance with the operating specifications. ii. Correction of errors arising from the fault, neglect, misuse, or omission of the Library or its servants, agents, contractors, invitees, or any other person whether or not that person is under the control or direction of the Library. iii. Rectification of errors or defects caused by the incorrect or unauthorized use, modification, revision, variation or translation of the software by the Library or its servants, agents, contractors, or invitees. iv. Repair of damage arising from the failure or surge of electrical power, fusion, fire, air conditioning malfunction, damage caused in transportation, or any other environmental factor or cause other than a cause arising from normal use of the Product. v. Correction of errors caused by the use of computer programs not licensed by Bibliotheca for use by the Library. II. Termination. If either party defaults in the performance of any of its other obligations under this Agreement or the Software License Agreement, the parties may terminate this Agreement and such termination shall be in accordance with the terms of termination under the Software License Agreement. If termination occurs Bibliotheca will pro-rate any unused time on this agreement and issue a refund to the Library. III. Assignment of Warranties on Hardware Products. In addition to Bibliotheca's obligations under this Agreement, Bibliotheca hereby assigns to the Library all rights of Bibliotheca under any manufacturer's warranties applicable to Hardware Products purchased under this Agreement to the extent such assignment is permitted under such warranties. Such assignment will be effective upon payment Page 21 of 27 CA Packet Page-1704- ■ 9/9/2014 16.D.2. of the Total Purchase Price, for each appropriate phase, and all other charges invoiced for the shipment of the Products. Except as provided hereunder Bibliotheca shall have no obligation to provide additional maintenance support or other services for Hardware Products purchased under this Agreement. IV. Limitation on Services. Notwithstanding the above, in the event that Library or any third party enhances, modifies, alters, or otherwise makes any change to the Products without the prior express written consent of Bibliotheca, Bibliotheca shall have no obligation whatsoever to provide maintenance or support of such Products at any time after such enhancement,modification,alteration, or change. Notwithstanding anything herein to the contrary, Bibliotheca's obligation to provide maintenance and support for the Licensed Programs shall extend to the most recent version and the next most recent version of the Licensed Programs provided to Library, and the previous releases for a minimum period of twelve (12) months following the general availability of such new releases. V. Upgrades. With respect to hardware and any required third party software (e.g., anti-virus, ILS versions, OS changes, etc.), Library retains the responsibility for the costs of purchase and installation of said upgrades necessary to maintain the functionality of system. VI. Library Obligations. During the term of this Agreement i. Library shall provide Bibliotheca with sufficient documentation, information, assistance, support, and test time on Library's computer system to duplicate any reported problems, certify that the problem is with the Products, and certify that the problem has been corrected. Bibliotheca will be provided with remote access to systems to aid the troubleshooting and repair process. ii. Library shall designate specific employees including, but not limited to: ILS Manager; Assistant Director; Library Automation Manager;Technical Support Professional; Technical Services Manager; Library Cataloger; Director; and Assistant Library Automation Manager who will be trained in all aspects of the products, including trouble shooting. These, and only these employees, may contact Bibliotheca for matters related to this Agreement. iii. Library shall perform problem definition activities and any remedial or corrective actions as described in the Licensed Programs customer manuals and other system documentation provided to Library by Bibliotheca prior to seeking assistance from Bibliotheca. Page 22 of 27 ( Packet Page-1705- "'= 9/9/2014 16.D.2. iv. Library is responsible for performing scheduled preventative maintenance as per product specifications. v. Library shall provide Bibliotheca's Maintenance personnel with proper and safe access to the equipment and software at all requisite times for the purpose of providing the maintenance services. vi. Library will provide Bibliotheca with at least thirty (30) days written notice of the Library's intention to move the equipment to a Iocation other than the premises. Page 23 of 27 Packet Page-1706- GP 9/9/2014 16.D.2. EXHIBIT F- SUPPORT AND MAINTENANCE FEE SCHEDULE (following this page) Page 24 of 27 Packet Page-1707- GP 9/9/2014 16.D.2. EXHIBIT F- SUPPORT AND MAINTENANCE FEE SCHEDULE The pricing listed for all Phases of this Agreement is based on projected need for the support and maintenance ' of the equipment and software listed below. The County shall have the right to modify the type, quantity and distribution of equipment and/or licenses in order to best meet the project needs if business requirements change over the duration of the Agreement. Support and maintenance will be based on the actual number of units installed per Phase and pro-rated appropriately. If additional products are ordered outside of the Scope of Services or as needed, maintenance will be calculated at the same discount or better, as other products. Definition of "all inclusive" includes remote support, phone and email support, parts, labor and travel for maintenance. Consumables, e.g. additional tags, receipt paper, are not included. PHASE 1 Product QTY 1st Yr. 2nd Yr. 3rd Yr. 4th Yr. 5th Yr. RFID All Inclusive Software System 1 License for all branches Included $9,945.00 $10,442.25 $10,964.36 $11,512.58 Headquarters smartadmin licenses for reporting, configuration,and monitoring 6 Included $900.00 $900.00 $900.00 $900.00 smartserve 1000 self-checkout kiosks with payment(not incl.CC) 4 Included $5,215.07 $5,475.83 $5,749.62 $6,037.10 smartserve 400 self-checkout kiosk 1 included $319.68 $335.66 $352.45 $370.07 smartstock 300 handheld checkout device 1 Included $121.28 $127.34 $133.71 $140.40 smartstation 200 staff stations 12 Included $667.20 $700.56 $735.59 $772.37 smartgate 400 dual aisle security gate 1 Included $575.36 $604.13 $634.33 $666.05 smartstock 200 handheld inventory units 3 Included $790.80 .. $830.34 $871.86 $915.45 PCI compliant credit card payment 4 Included $3,140.00 $3,140.00 $3,140.00 $3,140.00 Marco Island smartadmin licenses for reporting, configuration,and monitoring 5 Included $750.00 $750.00 $750.00 $750.00 smartserve 1000 self-checkout kiosks with payment(no CC) 1 Included $1,303.77 $1,368.96 $1,437.40 $1,509.27 smartserve 400 self-checkout kiosk 1 Included $319.68 $335.66 $352.45 $370.07 smartstation 200 staff stations 5 Included $278.00 $291.90 $306.50 $321.82 smartgate 400 single aisle security gate systems 2 Included $910.88 $956.42 $1,004.25 $1,054.46 smartgate 400 quad aisle security gate 1 Included $774.00 $812.70 $853.34 $896.00 PCI compliant credit card payment 1 Included $785.00 $785.00 $785.00 $785.00 YEARLY TOTALS: $26,795.72 $27,856.76 $28,970.84 $ 30,140.64 GRAND TOTAL DUE WITH 5 YEAR AGREEMENT DISCOUNT: $22,776.36 $23,678.24 $24,625.22 $25,619.54 PHASE 2 Naples Regional Packet Page -1708- 0 9/9/2014 16.D.2. Product QTY 1st Yr. 2nd Yr. 3rd Yr. 4th Yr. 5th Yr. smartadmin licenses for reporting, configuration,and monitoring 6 Included $900.00 $900.00 $900.00 $900.00 smartserve 1000 self-checkout kiosks with payment(no CC) 2 Included $2,607.54 $2,737.91 $2,874.81 $3,018.55 smartserve 1000-D self-checkout kiosk with payment(no CC) 1 Included $894.80 $939.54 $986.52 $1,035.84 smartserve 400 self-checkout kiosk 1 Included $319.68 $335.66 $352.45 $370.07 smartstation 200 staff stations 5 Included $278.00 $291.90 $306.50 $321.82 smartgate 400 quad aisle security gate systems 2 Included $1,548.00 $1,625.40 $1,706.67 $1,792.00 PCI compliant credit card payment 3 Included $2,355.00 $2,355.00 $2,355.00 $2,355.00 Golden Gate City smartadmin licenses for reporting, configuration,and monitoring 5 Included $750.00 $750.00 $750.00 $750.00 smartserve 1000 self-checkout kiosk with payment(no CC) 1 Included $1,303.77 $1,368.96 $1,437.40 $1,509.27 smartserve 400 self-checkout kiosk 1 Included $319.68 $335.66 $352.45 $370.07 smartstation 200 staff stations 5 Included $278.00 $291.90 $306.50 $321.82 smartgate 400 dual aisle security gate 1 Included $575.36 $604.13 $634.33 $666.05 smartgate 400 triple aisle security gate 1 Included $759.44 $797.41 $ 837.28 $879.15 PCI compliant credit card payment 1 Included $785.00 $785.00 $785.00 $785.00 Vanderbilt Beach smartadmin licenses for reporting, I I configuration,and monitoring 4 Included $600.00 $600.00 $600.00 $600.00 smartserve 1000 self-checkout kiosk with payment(no CC) 1 Included $1,303.77 $1,368.96 $1,437.40 $1,509.27 smartserve 1000-D self-checkout kiosk with payment(no CC) 1 Included $894.80 $939.54 $986.52 $1,035.84 smartstation 200 staff stations 5 _ Included $278.00 $291.90 $306.50 $321.82 smartgate 400 single aisle security gate systems 1 Included $455.44 $478.21 $502.12 $527.23 smartgate 400 dual aisle security gate 1 Included $575.36 $604.13 $634.33 $666.05 PCI compliant credit card payment 2 Included $1,570.00 $1,570.00 $1,570.00 $1,570.00 YEARLY TOTALS: $19,351.63 $19,971.21 $20,621.77 $21,304.86 GRAND TOTAL DUE WITH 5 YEAR AGREEMENT DISCOUNT: $16,448.89 $16,975.53 ,$17,528.51 $18,109.13 Packet Page -1709- 0 9/9/2014 16.D.2. PHASE 3.2''''-' .1V _: -at&V.A ��� ; ,, South Regional Product QTY 1st Yr. 2nd Yr. 3rd Yr. 4th Yr. 5th Yr. smartadmin licenses for reporting, configuration,and monitoring 4 Included $ 600.00 $ 600.00 $ 600.00 $ 600.00 smartserve 1000 self-checkout kiosks with payment(no CC) 2 Included $ 2,607.54 $ 2,737.91 $ 2,874.81 $ 3,018.55 smartserve 400 self-checkout kiosk 1 Included $ 319.68 $ 335.66 $ 352.45 $ 370.07 smartstation 200 staff stations 5 Included $ 278.00 $ 291.90 $ 306.50 $ 321.82 smartgate 400 dual aisle security gate systems 2 Included $ 1,150.72 $ 1,208.26 $ 1,268.67 $ 1,332.10 PCI compliant credit card payment 2 Included $ 1,570.00 $ 1,570.00 $ 1,570.00 $ 1,570.00 East Naples smartadmin licenses for reporting, configuration,and monitoring 9 Included $ 1,350.00 $ 1,350.00 $1,350.00 $ 1,350.00 smartserve 1000 self-checkout kiosks with payment(no CC) 2 Included $ 2,607.54 $ 2,737.91 $ 2,874.81 $ 3,018.55 smartstation 200 staff stations 5 Included $ 278.00 $ 291.90 $ 306.50 $ 321.82 smartgate 400 dual aisle security gate systems 2 Included $ 1,150.72 $ 1,208.26 $ 1,268.67 $ 1,332.10 PCI compliant credit card payment 2 Included $ 1,570.00 $ 1,570.00 $ 1,570.00 $ 1,570.00 Estates smartadmin licenses for reporting, ■ configuration, and monitoring 4 Included $ 600.00 $ 600.00 $ 600.00 $ 600.00 smartserve 1000 self-checkout kiosks with payment(no CC) 2 Included $ 2,607.54 $ 2,737.91 $ 2,874.81 $ 3,018.55 smartserve 400 self-checkout kiosk 1 Included $ 319.68 $ 335.66 $ 352.45 $ 370.07 smartstation 200 staff stations 5 Included $ 278.00 $ 291.90 $ 306.50 $ 321.82 smartgate 400 dual aisle security gate 1 Included $ 575.36 $ 604.13 $ 634.33 $ 666.05 PCI compliant credit card payment 2 Included $ 1,570.00 $ 1,570.00 $ 1,570.00 , $ 1,570.00 Immokalee smartadmin licenses for reporting, configuration,and monitoring 3 included i $ 450.00 $ 450.00 $ 450.00 $ 450.00 smartserve 1000 self-checkout kiosk with payment(no CC) 1 Included $ 1,303.77 $ 1,368.96 $1,437.40 $ 1,509.27 smartstation 200 staff stations S Included $ 278.00 $ 291.90 $ 306.50 $ 321.82 smartgate 400 dual aisle security gate systems 2 Included $ 1,150.72 $ 1,208.26 $1,268.67 $ 1,332.10 PCI compliant credit card payment 1 Included $ 785.00 $ 785.00 $ 785.00 $ 785.00 YEARLY TOTALS: $23,400.26 $24,145.52 $24,928.04 $ 25,749.70 GRAND TOTAL DUE WITH 5 YEAR AGREEMENT DISCOUNT: $19,890.22 $20,523.69 $21,188.84 $ 21,887.24 Packet Page-1710- 9/9/2014 16.D.2. ADDITIONAL PRODUCTS If additional products are ordered outside of the Scope of Services,maintenance will be calculated at the same discount or better as other products and as listed below: Product Sale Price/Ea. Maintenance Maintenance Price/Each,Product Prod. % : 1st Yr.'' 2nd Yr. 3rd Yr. 4th Yr. 5th Yr. RFID All Inclusive Software System License $58,500.00 17% Included $9,945.00 $10,442.25 $10,964.36 $11,512.58 smartadminTM Software(Per Single Connected Device) $100.00 RENEWAL Included $150.00 $150.00 $ 150.00 $150.00 smartserve 1000- Coin/Bill (CC below) $16,297.10 8% Included $1,303.77 $1,368.96 $1,437.40 $1,509.27 smartserve 1000-D Countertop(CC below) $11,185.00 8% Included $894.80 $939.54 $986.52 $1,035.84 smartserve 400 $3,996.00 8% Included $319.68 $335.66 $352.45 $370.07 smartstockTM 300 Handheld Device with iPod $1,516.00 8% Included $121.28 $127.34 $133.71 $140.40 smartstation'M 200 Shielded Staff Station $695.00 8% Included $55.60 $58.38 $61.30 $64.36 smartgate 400 Single Aisle Security Gate (Hardware) $5,693.00 8% Included $455.44 $478.21 $502.12 $527.23 smartgateTM 400 Dual Aisle Security Gate (Hardware) $7,192.00 8% Included $575.36 $604.13 $634.33 $666.05 smartgate''"400 Triple Aisle Security Gate (Hardware) $9,493.00 8% Included $759.44 $797.41 $837.28 $879.15 smartgate 400 Quad Aisle Security Gate (Hardware) $9,675.00 8% Included $774.00 $812.70 $853.34 $896.00 smartstockrM 200 All- in-One Inventory Reader $3,295.00 8% Included $263.60 $276.78 $290.62 $305.15 PCI Compliant Credit Card Payment $1,495.00 RENEWAL Included $785.00 $785.00 $785.00 $785.00 END OF EXHIBIT F- SUPPORT AND MAINTENANCE FEE SCHEDULE Packet Page -1711- (....z..) 9/9/2014 16.D.2. EXHIBIT F-1 -EQUIPMENT WARRANTY Bibliotheca warrants that the equipment provided in conjunction with any Bibliotheca developed and supplied system(s) to be free from factory defects for a period of one (1) year from the date of installation and functional operation. This limited warranty does not extend to any Bibliotheca product which, in the sole judgment of Bibliotheca has been subjected to abuse, misuse, neglect, improper installation by the County, or accident, or any damage due.to use or misuse produced from integration of the products into any mechanical,electrical, or computer system. Further, any abuse, misuse, neglect, improper installation by the County, accident, enhancement, modification, alteration or change made without Bibliotheca's written consent will invalidate Bibliotheca's Limited Product Warranty. In the event that it is determined the equipment failure is covered under this warranty, Bibliotheca shall, at its sole option, repair or replace the piece of equipment with functionally equivalent or better equipment and return such repaired or replaced equipment without charge for service or return freight. This limited warranty, except as to title is in lieu of all other warranties or guarantees, either express or implied, and specifically excludes, without limitation, warranties of merchantability and fitness for a particular purpose under the uniform commercial code, or arising out of custom or conduct. The rights and remedies provided herein are exclusive and in lieu of any other rights or remedies. In no event shall Bibliotheca be liable for any indirect or consequential damages, incidental damages, damages to person or property, or other damages or expenses due directly or indirectly to the purchased equipment, except as stated in this warranty and unless such damage is caused directly by Bibliotheca. Unless specifically contracted otherwise, Bibliotheca warranty service is provided under the terms and conditions of Bibliotheca's standard yearly Product Support and Maintenance Agreement with the exception of any reference to software updates. Page 25 of 27 Packet Page-1712- 9/9/2014 16.D.2. EXHIBIT G-PRODUCT MAINTENANCE AND LIFESPAN POLICY The supplied self-service solution will be maintainable throughout the life of the equipment while it has a valid Product Support and Maintenance Agreement. By investing in a Product Support and Maintenance Agreement, all parts are replaced and/or repaired free of charge should they become defective during the life of the equipment. This excludes any consumables. The Bibliotheca recommends a practice of powering and shutting down Library systems on a daily basis to preserve the operating capabilities of the internal PCs and peripherals. The Bibliotheca's systems have been designed with quality components that minimize the risk of failure. The Bibliotheca suggests that the system is monitored to ensure that any staff actions, such as replacement of consumables or bin emptying, are carried out regularly as required. The Bibliotheca's recommended remote management solution, smartadminTM, provides Library staff with extensive capabilities in monitoring and managing aspects of the solution both on the library floor and remotely, as well as collecting detailed transactional information. For All Products but Security Gates Bibliotheca recommends that for planning purposes the expected lifespan of all hardware products (excluding security pedestals) is six (6) years. After this period, Support will continue to be made available on a contractual year by year basis if this is considered economically viable (based on availability/cost of major components at that time). Bibliotheca's intention is to meet the Library's ongoing requirements and all efforts will be made to affect repairs on said equipment, but results may be limited by availability of parts or inventory. In all cases and to ensure that the Library uses the latest available technology, Bibliotheca offers a convenient program that allows Library to upgrade their equipment to the current levels at a thirty five percent(35%) discount. Security Gates Bibliotheca recommends that the expected lifespan for Security Pedestals is eight (8) years. After this period, Support will continue to be made available on a contractual year by year basis if this is considered economically viable (based on availability/cost of major components at that time). Bibliotheca's intention is to meet the Library's ongoing requirements and all efforts will be made to affect repairs on said equipment, but results may be limited by availability of parts or inventory. In all cases and to ensure that the Library uses the latest available technology, Bibliotheca offers a convenient program that allows customers to upgrade their equipment to the current levels at a thirty five percent(35%) discount. Page 26 of 27 C A( Packet Page -1713- 9/9/2014 16.D.2. n RFID Tags Bibliotheca guarantees its tags for the life of the items to which they are affixed. Should the Library find a tag that is inoperable,Bibliotheca will replace it,free of charge. Automated Materials Handling Bibliotheca recommends that the expected lifespan of the smartsortTM 100, smartsortTM 200,and smartsortTM 300 is ten(10)years;the smartsortTM 400 is set at eight(8)years. Bibliotheca's trade-in program allows Library to trade smaller sorters toward the purchase of larger ones at any time, with a yearly straight line depreciation of fifteen percent (15%). For example, if the Library spends twenty thousand dollars ($20,000) on a sorter and in three (3) years elects to trade up to a larger unit, it will receive eleven thousand dollars ($11,000)in credit toward that new purchase. Page 27 of 27 Packet Page-1714- G ` 9/9/2014 16.D.2. EXHIBIT F- SUPPORT AND MAINTENANCE FEE SCHEDULE The pricing listed for all Phases of this Agreement is based on projected need for the support and maintenance of the equipment and software listed below. The County shall have the right to modify the type, quantity and distribution of equipment and/or licenses in order to best meet the project needs if business requirements change over the duration of the Agreement. Support and maintenance will be based on the actual number of units installed per Phase and pro-rated appropriately. If additional products are ordered outside of the Scope of Services or as needed, maintenance will be calculated at the same discount or better, as other products. Definition of "all inclusive" includes remote support, phone and email support, parts, labor and travel for maintenance. Consumables, e.g. additional tags, receipt paper, are not included. PHASE 1 Product QTY 1st Yr. 2nd Yr. 3rd Yr. 4th Yr. 5th Yr. RFID All Inclusive Software System 1 License for all branches Included $9,945.00 $10,442.25 $10,964.36 $11,512.58 Headquarters smartadmin licenses for reporting, configuration,and monitoring 6 Included $900.00 $900.00 $900.00 $900.00 smartserve 1000 self-checkout kiosks with payment(not incl.CC) 4 Included $5,215.07 $5,475.83 $5,749.62 $6,037.10 smartserve 400 self-checkout kiosk 1 Included $319.68 $335.66 $352.45 $370.07 smartstock 300 handheld checkout /-• device 1 Included $121.28 $127.34 $133.71 $140.40 smartstation 200 staff stations 12 Included $667.20 $700.56 $735.59 $772.37 smartgate 400 dual aisle security gate 1 Included $575.36 $604.13 $634.33 $666.05 smartstock 200 handheld inventory units 3 Included $790.80 $830.34 $871.86 $915.45 PCI compliant credit card payment 4 Included $3,140.00 $3,140.00 $3,140.00 $3,140.00 Marco Island smartadmin licenses for reporting, configuration,and monitoring 5 Included $750.00 $750.00 $750.00 $750.00 smartserve 1000 self-checkout kiosks with payment(no CC) 1 Included $1,303.77 $1,368.96 $1,437.40 $1,509.27 smartserve 400 self-checkout kiosk 1 Included $319.68 $335.66 $352.45 $370.07 smartstation 200 staff stations 5 Included $278.00 $291.90 $306.50 $321.82 smartgate 400 single aisle security gate systems 2 Included $910.88 $956.42 $1,004.25 $1,054.46 smartgate 400 quad aisle security gate 1 Included $774.00 $812.70 $853.34 $896.00 PCI compliant credit card payment 1 Included $785.00 $785.00 $785.00 $785.00 YEARLY TOTALS: $26,795.72 $27,856.76 $28,970.84 $ 30,140.64 GRAND TOTAL DUE WITH 5 YEAR AGREEMENT DISCOUNT: 522,776.36 5 23,678.24 524,625.22 525,619.54 PHASE 2 Naples Regional Packet Page -1715- 9/9/2014 16.D.2. Product QTY 1st Yr. 2nd Yr. 3rd Yr. 4th Yr. 5th Yr. smartadmin licenses for reporting, configuration,and monitoring 6 Included $900.00 $900.00 $900.00 $900.00 smartserve 1000 self-checkout kiosks with payment(no CC) 2 Included $2,607.54 $2,737.91 $2,874.81 $3,018.55 smartserve 1000-0 self-checkout kiosk with payment(no CC) 1 Included $894.80 $939.54 $986.52 $1,035.84 smartserve 400 self-checkout kiosk 1 Included $319.68 $335.66 $352.45 $370.07 smartstation 200 staff stations 5 Included $278.00 $291.90 $306.50 $321.82 smartgate 400 quad aisle security gate systems 2 Included $1,548.00 $1,625.40 $1,706.67 $1,792.00 PCI compliant credit card payment 3 Included $2,355.00 $2,355.00 $2,355.00 $2,355.00 Golden Gate City smartadmin licenses for reporting, configuration,and monitoring 5 Included $750.00 $750.00 $750.00 $750.00 smartserve 1000 self-checkout kiosk with payment(no CC) 1 Included $1,303.77 $1,368.96 $1,437.40 $1,509.27 smartserve 400 self-checkout kiosk 1 Included $319.68 $335.66 $352.45 $370.07 smartstation 200 staff stations 5 Included $278.00 $291.90 $306.50 $321.82 smartgate 400 dual aisle security gate 1 Included $575.36 $604.13 $634.33 $666.05 smartgate 400 triple aisle security gate 1 Included $759.44 $797.41 $ 837.28 $879.15 PCI compliant credit card payment 1 Included $785.00 $785.00 $785.00 $785.00 Vanderbilt Beach smartadmin licenses for reporting, configuration,and monitoring 4 Included $600.00 $600.00 $600.00 $600.00 smartserve 1000 self-checkout kiosk with payment(no CC) 1 Included $1,303.77 $1,368.96 $1,437.40 $1,509.27 smartserve 1000-D self-checkout kiosk with payment(no CC) 1 Included $894.80 $939.54 $986.52 $1,035.84 smartstation 200 staff stations 5 Included $278.00 $291.90 $306.50 $321.82 smartgate 400 single aisle security gate systems 1 Included $455.44 $478.21 $502.12 $527.23 smartgate 400 dual aisle security gate 1 Included $575.36 $604.13 $634.33 $666.05 PCI compliant credit card payment 2 Included $1,570.00 $1,570.00 $1,570.00 $1,570.00 1 YEARLY TOTALS: $19,351.63 $19,971.21 $20,621.77 $21,304.86 GRAND TOTAL DUE WITH 5 YEAR AGREEMENT DISCOUNT: $16,448.89 $16,975.53 $17,528.51 $18,109.13 Packet Page-1716- 9/9/2014 16.D.2. PHASE 3 /'L South Regional Product QTY 1st Yr. 2nd Yr. 3rd Yr. 4th Yr. 5th Yr. smartadmin licenses for reporting, configuration,and monitoring 4 Included $ 600.00 $ 600.00 $ 600.00 $ 600.00 smartserve 1000 self-checkout kiosks with payment(no CC) 2 Included $ 2,607.54 $ 2,737.91 $ 2,874.81 $ 3,018.55 smartserve 400 self-checkout kiosk 1 Included $ 319.68 $ 335.66 $ 352.45 $ 370.07 smartstation 200 staff stations 5 Included $ 278.00 $ 291.90 $ 306.50 $ 321.82 smartgate 400 dual aisle security gate systems 2 Included $ 1,150.72 $ 1,208.26 $ 1,268.67 $ 1,332.10 PCI compliant credit card payment 2 Included $ 1,570.00 $ 1,570.00 $ 1,570.00 $ 1,570.00 East Naples smartadmin licenses for reporting, configuration,and monitoring 9 Included $ 1,350.00 _ $ 1,350.00 $1,350.00 $ 1,350.00 smartserve 1000 self-checkout kiosks with payment(no CC) 2 Included $ 2,607.54 $ 2,737.91 $ 2,874.81 $ 3,018.55 smartstation 200 staff stations 5 Included $ 278.00 $ 291.90 $ 306.50 $ 321.82 smartgate 400 dual aisle security gate systems 2 Included $ 1,150.72 $ 1,208.26 $ 1,268.67 $ 1,332.10 PCI compliant credit card payment 2 Included $ 1,570.00 $ 1,570.00 $ 1,570.00 $ 1,570.00 Estates smartadmin licenses for reporting, configuration,and monitoring 4 Included $ 600.00 $ 600.00 $ 600.00 $ 600.00 smartserve 1000 self-checkout kiosks with payment(no CC) 2 Included $ 2,607.54 $ 2,737.91 $ 2,874.81 $ 3,018.55 smartserve 400 self-checkout kiosk 1 Included $ 319.68 $ 335.66 $ 352.45 $ 370.07 smartstation 200 staff stations 5 Included $ 278.00 $ 291.90 $ 306.50 $ 321.82 smartgate 400 dual aisle security gate 1 Included $ 575.36 $ 604.13 $ 634.33 $ 666.05 PCI compliant credit card payment 2 Included $ 1,570.00 $ 1,570.00 $ 1,570.00 $ 1,570.00 Immokalee smartadmin licenses for reporting, configuration,and monitoring 3 Included $ 450.00 $ 450.00 $ 450.00 $ 450.00 smartserve 1000 self-checkout kiosk with payment(no CC) 1 Included $ 1,303.77 $ 1,368.96 $1,437.40 $ 1,509.27 smartstation 200 staff stations 5 Included $ 278.00 $ 291.90 $ 306.50 $ 321.82 smartgate 400 dual aisle security gate systems 2 Included $ 1,150.72 $ 1,208.26 $1,268.67 $ 1,332.10 PCI compliant credit card payment 1 Included $ 785.00 $ 785.00 $ 785.00 $ 785.00 YEARLY TOTALS: $23,400.26 $24,145.52 $24,928.04 $ 25,749.70 GRAND TOTAL DUE WITH 5 YEAR AGREEMENT DISCOUNT: 5 19290.22 5 20,523.69 521,188.84 5 21,887.24 Packet Page -1717- 9/9/2014 16.D.2. ADDITIONAL PRODUCTS If additional products are ordered outside of the Scope of Services,maintenance will be calculated at the same discount or better as other products and as listed below: Sale Price/Ea. Maintenance Product prod. % Maintenance Price/Each Product 1st Yr. 2nd Yr. 3rd Yr. 4th Yr. 5th Yr. RFID All Inclusive Software System License $58,500.00 17% Included $9,945.00 $10,442.25 $10,964.36 $11,512.58 smartadminTM Software(Per Single Connected Device) $100.00 RENEWAL Included $150.00 $150.00 $ 150.00 $150.00 smartserve 1000- Coin/Bill(CC below) $16,297.10 8% Included $1,303.77 $1,368.96 $1,437.40 $1,509.27 smartserve 1000-D Countertop(CC below) $11,185.00 8% Included $894.80 $939.54 $986.52 $1,035.84 smartserve 400 $3,996.00 8% Included $319.68 $335.66 $352.45 $370.07 smartstockTM 300 1 Handheld Device with iPod $1,516.00 8% Included $121.28 $127.34 $133.71 $140.40 smartstation"A 200 " Shielded Staff Station $695.00 8% Included $55.60 $58.38 $61.30 $64.36 smartgate"400 Single Aisle Security Gate (Hardware) $5,693.00 8% Included $455.44 $478.21 $502.12 $527.23 smartgateTM 400 Dual Aisle Security Gate (Hardware) $7,192.00 8% Included $575.36 $604.13 $634.33 $666.05 smartgateTM 400 Triple Aisle Security Gate (Hardware) $9,493.00 8% Included $759.44 $797.41 $837.28 $879.15 smartgate 400 Quad Aisle Security Gate (Hardware) $9,675.00 8% Included $774.00 $812.70 $853.34 $896.00 smartstockTM 200 All- in-One Inventory Reader $3,295.00 8% Included $263.60 $276.78 $290.62 $305.15 PCI Compliant Credit Card Payment $1,495.00 RENEWAL Included $785.00 $785.00 $785.00 $785.00 END OF EXHIBIT F- SUPPORT AND MAINTENANCE FEE SCHEDULE Packet Page-1718-