Agenda 03/27/2018 Item #16D1403/27/2018
EXECUTIVE SUMMARY
Recommendation to award Invitation to Bid (ITB) No. 17-7154 for Structural and Mechanical Pool
Contractors to Omni Aquatics Inc., to provide on-call and urgent maintenance, equipment repair
work for components of the Parks and Recreation Division's pool and interactive water feature
facilities.
OBJECTIVE: To ensure the sustained on-call maintenance and repair aspect of the Parks and Recreation
aquatic facilities by maintaining structural repairs and mechanical equipment in a safe condition for the
public.
CONSIDERATIONS: On July 27, 2017, the Procurement Services Division released notices of ITB No.
17-7154 to one hundred and thirty-two (132) vendors for Structural and Mechanical Pool Contractors.
Twenty-seven (27) bid packages were downloaded, and one (1) bid was received on August 28, 2017.
The only vendor, Commercial Energy Specialists, took exceptions to our specifications, contract terms
and conditions and has been deemed both non-responsive and non-responsible.
As a result, Procurement elected to exercise its right under Section Twelve of the Procurement Ordinance,
Reserved Rights 1., which “reserves the right to reject all bids, proposals or offers and to negotiate with
any responsible providers to secure the best terms and conditions in the sole interest of the County.”
An open forum was held on June 30, 2017, inviting all interested Commercial Pool vendors that
would qualify for this solicitation. The County’s Parks and Recreation Supervisor, lead the
forum and discussed the type of work needed along with pool locations, followed by a question
and answer period. There were four vendors in attendance, N Square Inc., Sponge Jet, Nassau
Pools and Commercial Energy Specialists. The vendors that were in attendance were contacted
and invited to bid for this solicitation. Commercial Energy Specialists was deemed non-
responsive and non-responsible. Having followed four failed solicitation attempts, County staff
elected to utilize our reserved rights and contacted the vendors in attendance at the forum. Only
one vendor responded, Omni Aquatics Inc. formerly Nassau Pools. After meeting with the
vendor, reviewing their qualification, and negotiating pricing, staff is recommending award to
Omni Aquatics Inc.
FISCAL IMPACT: Funds to maintain aquatic facilities are available within various cost centers in
General Fund (001), MSTD General Fund (111), and Parks CIP Fund (306).
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact.
LEGAL CONSIDERATIONS: This Item is approved as to form and legality, and requires majority vote
for Board approval. -SRT
RECOMMENDATION: To award ITB No. 17-7154 “Structural and Mechanical Pool Contractors” to
Omni Aquatics Inc., and authorize the Chair to execute the attached agreement.
Prepared By: Matthew Catoe, Operations Analyst, Parks and Recreation Division.
16.D.14
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03/27/2018
ATTACHMENT(S)
1. 17-7154 Scope of Services (DOCX)
2. 17-7154 Solicitation (DOCX)
3. 17-7154 Exhibit B-Bid Schedule (PDF)
4. 17-7154 NORA (PDF)
5. 17-7154 Omni Aquatics_Contract_v2_VendSign (PDF)
6. 17-7154 Omni Proposal (PDF)
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03/27/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.14
Doc ID: 5049
Item Summary: Recommendation to award Invitation to Bid (ITB) No. 17-7154 for Structural
and Mechanical Pool Contractors to Omni Aquatics Inc., to provide on-call and urgent maintenance,
equipment repair work for components of the Parks and Recreation Division's pool and interactive water
feature facilities.
Meeting Date: 03/27/2018
Prepared by:
Title: Operations Analyst – Parks & Recreation
Name: Matthew Catoe
03/06/2018 3:18 PM
Submitted by:
Title: Division Director - Parks & Recreation – Parks & Recreation
Name: Barry Williams
03/06/2018 3:18 PM
Approved By:
Review:
Parks & Recreation Ilonka Washburn Additional Reviewer Completed 03/06/2018 3:36 PM
Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 03/06/2018 4:14 PM
Operations & Veteran Services Sean Callahan Additional Reviewer Completed 03/07/2018 10:50 AM
Procurement Services Viviana Giarimoustas Additional Reviewer Completed 03/07/2018 2:46 PM
Procurement Services Swainson Hall Additional Reviewer Completed 03/07/2018 3:33 PM
Procurement Services Sandra Herrera Additional Reviewer Completed 03/07/2018 3:44 PM
Procurement Services Ted Coyman Additional Reviewer Completed 03/08/2018 8:53 AM
Parks & Recreation Barry Williams Additional Reviewer Completed 03/12/2018 9:48 AM
Public Services Department Todd Henry Level 1 Division Reviewer Completed 03/12/2018 10:26 AM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 03/13/2018 7:36 AM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 03/15/2018 9:25 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/15/2018 10:04 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/15/2018 3:50 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 03/16/2018 4:26 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 03/17/2018 7:42 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/20/2018 10:39 AM
16.D.14
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03/27/2018
Board of County Commissioners MaryJo Brock Meeting Pending 03/27/2018 9:00 AM
16.D.14
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
INVITATION TO BID (ITB)
FOR
Structural and Mechanical Pool Contractors
SOLICITATION NO.: 17-7154
VIVIANA GIARIMOUSTAS, PROCUREMENT STRATEGIST
PROCUREMENT SERVICES DIVISION
3295 TAMIAMI TRAIL EAST, BLDG C-2
NAPLES, FLORIDA 34112
TELEPHONE: (239) 252-8375
VivianaGiarimoustas@colliergov.net (Email)
This solicitation document is prepared in a Microsoft Word format. Any alterations to this
document made by the Consultant may be grounds for rejection of proposal, cancellation of any
subsequent award, or any other legal remedies available to the Collier County Government.
16.D.14.a
Packet Pg. 1302 Attachment: 17-7154 Scope of Services (5049 : ITB 17-7154 Structural and Mechanical Pool Contractors)
Attachment A - Scope of Work/Services and Technical Specifications
Detailed Scope of Work
Collier County Parks and Recreation Division is seeking bids from contractors that specialize in all aspects of our
commercial aquatic facilities apart from the pool filtration system. The selected contractor will provide an on-call
and urgent maintenance, equipment repair work for components of our commercial pool and interactive water
feature facilities. Contractor(s) will be asked but not limited to: perform maintenance repair, replacement, and
restoration services; complete rebuilding of large pumps and motor combinations; skimmers; heat exchangers;
variable frequency drives (VFDs); piping repairs, replacement and repair of existing features (including slides),
installation or repair of deck equipment, tile, coping, re-plastering, construction of decks, footers, pump houses
(items directly connected/related to aquatic features), stem-walls and steps, handrails, and ADA chair lifts.
Contractor(s) shall also supply miscellaneous parts and items that may include but not limited to electrical
couplings, seals, gaskets, controllers, etc. Some services may include the following:
1. Permitting services relating to mechanical aquatic facilities.
2. Troubleshooting, repairing and/or replacing Automated Treatment Systems.
3. Troubleshooting, repairing and/or replacing Non-Chlorine Treatment Systems.
4. Troubleshooting, repairing and/or replacing Pumps (current pumps include, but are not limited to Baldor,
ITT Marlow-Warner, A.O.Smith, U.S. Motor).
5. Troubleshooting, repairing and/or replacing Variable Frequency Drives (current VFDs include, but are not
limited to SquareD and Allen Bradley).
Parks and Recreation staff continuously inspects facilities and reports any issues to the aquatic supervisor. Once an
issue is reported and when applicable, a Parks and Recreation representative shall prepare a scope of work and
request for the contractor(s) on the resultant award to provide a responsive quote for the work. A responsive quote
must be supplied within a twenty four (24) hour period. In each scope of work the County reserves the right but is
not required to specify the period of completion.
The County intends to utilize the awarded contractor(s) of this Invitation to Bid to complete most repairs, however
there is no guarantee of work and the County reserves the right to issue se parate quotes or formal bids for any work
outside of our scope. The County reserves the right to conduct a direct purchase on materials utilized in repairs
when the dollar value of the materials is in the best interest of the County.
All material and supplies provided by the Awardee under this contract will be reimb ursed on a strictly COST PLUS
10% arrangement only. Documentation of awardees' cost must be provided with actual invoices from the supplier.
The invoices for materials purchased in excess of $5.00 will be required.
Subcontracting / Specialty Contractors hired by the Awardee for services under this contract will be reimbursed on a
strictly COST PLUS 15% arrangement only. Documentation of awardees' subcontractor costs mu st be provided with
actual invoices from the subcontractor.
The awarded contractor(s) shall maintain qualified workers with the ability to perform the specialized services for
all aspects of the structural on-call and urgent commercial pool and interactive water feature structural maintenance
repair, replacement and restoration services. Contractor(s) are also expected to:
1. Have a qualified representative available during regular hours (6:00AM –8:00PM) to discuss contract
matters and who can make authoritative decisions.
2. Furnish all equipment, parts, supplies, and services to meet the specifications prescribed by the Parks and
Recreation Division. Materials that do not meet specifications or equal the quality of the sample provided
when applicable will be rejected.
16.D.14.a
Packet Pg. 1303 Attachment: 17-7154 Scope of Services (5049 : ITB 17-7154 Structural and Mechanical Pool Contractors)
3. Perform work onsite through in-field services or at a local shop. The awarded contractors shall provide
labor and parts warranties upon completion of work. The contractor shall be or have access to a certified
service local repair station and warranty station for their products.
4. Supply all manufacturers’ manuals, including, but not limited to, repair and maintenance manuals for all
components specific to equipment installed during the term of the award.
5. A minimum of five (5) years of experience with three (3) references in the commercial pool industry and in
installing and operation of automated chemical controllers such as Hayward, Intermatic, Straintrol, BECSys
or Zodiac/Jandy.
6. Adhere to each scope of work requested by the County’s representative, including the period of completion,
when specified.
Contractor(s) shall provide:
i. A not-to-exceed total cost quote for the scope of work;
ii. The expected number of work hours by each position (include hourly rate) and the extended
total.
iii. The breakdown of the cost for supplies, parts and equipment used for th e scope of work; the
contractor must provide itemized documentation of any materials that exceed $5.00.
iv. Subcontracting/Specialty Contractors hired by the Awardee for services under this contract
will be provided on a strictly COST PLUS 15% arrangement only.
v. All material and supplies provided by the Awardee under this contract will be reimbursed on a
strictly COST PLUS 10% arrangement only.
7. Provide the County with a t wenty-four (24) hour per day, seven (7) day per week, urgent or business/cell
phone number, FAX number and an email address. The selected contractor shall be on-site within two (2)
hours for all locations in the Naples and Marco area. The response time for the Immokalee and Everglades
City area shall be within three (3) hours (for urgent service calls).
8. Request approval by County representative before modifications or changes of manufactured equipment for
items being purchased.
9. Provide a one (1) year warranty from the date of repair on material and workmanship.
10. Provide proven documentation that they have at least three (3) years of experience in commercial pool
service industry. Contractor must be Commercial Pool/Spa Licensed. Technicians must be certified as a
Certified Pool Operator (CPO) or Aquatic Facility Operator (AFO) along with Commercial Pool/Spa
Contractor Licensed either by The State of Florida or Collier County.
11. Employ people to work at all County facilities who are competent and physically capable of performing the
work. Each employee shall be neat in appearance.
12. The County may remove employees deemed careless, incompetent, insubordinate or otherwise
objectionable, or whose continued employment on the job is deemed to be contrary to the best interests of
the County.
All Contractors and subcontractors performing services for Collier County are required to 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. Also, all Cont ractors and Subcontractors 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.
The two categories of work to be performed under this solicitation will be similar in scope for both regular hours
and urgent hours with the exception of the following:
Regular Hours (6:00 AM -8:00PM)
The contractor(s) shall be contacted by the Parks and Recreation representative and provide d with a scope of work
and Purchase Order. The selected contractor shall be on-site within two (2) hours for all locations in the Naples and
Marco area. The response time for the Immokalee and Everglades City area shall be within three (3) hours.
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Packet Pg. 1304 Attachment: 17-7154 Scope of Services (5049 : ITB 17-7154 Structural and Mechanical Pool Contractors)
Urgent Hours (8:01PM- 5:59AM)
This work includes, but is not limited to the following: circulation pump not operating, structural damage to a pool
due to inclement weather, broken feature to where it is not in operation, as well as any health department related
issue. The selected contractor shall be on-site within one (1) hour for all locations in the Naples and Marco area. The
response time for the Immokalee and Everglades City area shall be within one and a half (1.5) hours.
Collier County’s current Aquatic facilities are:
Eagle Lakes Community Park
11565 Tamiami Trail E
Naples, FL 34112
Water Facility Attractions:
Interactive Water Features (IWF)
Vineyards Community Park
6231 Arbor Blvd
Naples, FL 34119
Water Facility Attraction:
Interactive Water Feature (IWF)
Golden Gate Community Park Aquatics Facility
3300 Santa Barbara Blvd
Naples, FL 34116
Water Facility Attractions:
Diving well; (2) one-meter springboards, (1) three-meter springboard
25 yard by 25-meter heated family pool; 295,622 gallons
Waterslide drop pool, 25' x 25'
One, 36”, 159’ open “SilkTek” slide
One, 32”, 109’ Aqua Tube (enclosed) slide
Heated Children's Activity Pool, 3,191 sq. ft.; 27,300 gallons
Immokalee Sports Complex
505 Escambia Street
Immokalee, FL 34142
Water Facility Attractions:
25 yard by 25-meter Competition/Family Pool; 295,622 gallons
(2) - one-meter Springboards
Waterslide into Family Pool; 52.5’ long
Children's Activity Pool, 3,191 sq. ft.; 27,300 gallons
North Collier Regional Park
Location #1 Sun-N-Fun Lagoon Water Park
15000 Livingston Road
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Packet Pg. 1305 Attachment: 17-7154 Scope of Services (5049 : ITB 17-7154 Structural and Mechanical Pool Contractors)
Naples, FL 34109
Water Facility Attractions:
Lazy River, 14’x1,245’; 513,759 gallons
(1) Waterslide into the Lazy River; 54” Open Flume Tube Slide, 527’ long
(4) Waterslides: 3 – 32” -- 423’ 435’, & 425’ long, and 1- 44” Giant Slide, 313’ long
Waterslide Catch Pool, 36’x55’; 42,505 gallons
Family Pool, 75’x116’; 191,055 gallons
Children’s Wading Pool, 94’x78’; 20,502 gallons
Activity Pool, 60’x60’; 121,867 gallons
Lap and Dive Pool, 55’x75’; 172,096 gallons
Interactive Water Feature (IWF) 8,378 gallons
Location #2 Administration Building
15000 Livingston Road
Naples, FL 34109
Water Facility Attraction:
Delta Landscaping pond <300 gallons
County reserves the right to add and subtract locations as new facilities come online or are taken offline to meet
County needs.
16.D.14.a
Packet Pg. 1306 Attachment: 17-7154 Scope of Services (5049 : ITB 17-7154 Structural and Mechanical Pool Contractors)
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
INVITATION TO BID (ITB)
FOR
Structural and Mechanical Pool Contractors
SOLICITATION NO.: 17-7154
VIVIANA GIARIMOUSTAS, PROCUREMENT STRATEGIST
PROCUREMENT SERVICES DIVISION
3295 TAMIAMI TRAIL EAST, BLDG C-2
NAPLES, FLORIDA 34112
TELEPHONE: (239) 252-8375
VivianaGiarimoustas@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.
16.D.14.b
Packet Pg. 1307 Attachment: 17-7154 Solicitation (5049 : ITB 17-7154 Structural and Mechanical Pool Contractors)
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17-7154 Structural and Mechanical Pool Contractors
TABLE OF CONTENTS
ITEM DESCRIPTION.........................................................................................................................................................
1.0 Introduction
2.0 Background
3.0 Term of Contract
4.0 Award Criteria
General Bid Instructions
5.0 Purpose/Objective
6.0 Pricing
7.0 Alternate Bid Pricing
8.0 Equal Product
9.0 Discount
10.0 Addenda
11.0 Bid Submission
12.0 Questions
13.0 Protests
14.0 Local Vendor Preference
15.0 Immigration Affidavit Certification
16.0 Lobbying
17.0 Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501)
18.0 General Information
19.0 Bid Award Process
20.0 Reserved Rights
21.0 Collier County Purchase Order Terms and Conditions
Additional Terms and Conditions for ITB
22.0 Insurance and Bonding Requirements
23.0 Additional items and/or Service
24.0 Vendor Performance Evaluation
25.0 Additional Terms and Conditions of Contract
26.0 Public Records Compliance
27.0 Payment Method
28.0 Environmental Health and Safety
29.0 Licenses
30.0 Survivability
31.0 Relation of County
32.0 Termination
33.0 Public Entity Crime
34.0 Security and Background Checks
35.0 Conflict of Interest
36.0 Prohibition of Gifts to County Employees
37.0 Deduction for Non-Performance
38.0 Offer Extended to Other Governmental Entities
39.0 Florida Wood Products
40.0 Standards of Conduct
41.0 Protection of Property
42.0 Collier County Information Technology Requirements
43.0 Maintenance of Traffic Policy
44.0 Debris
45.0 Direct Material Purchase
46.0 Grant Compliance
47.0 Equipment
48.0 Storage tank Installation and Closure Requirements
49.0 62-761.300 Applicability
50.0 62-762.301, F.A.C. Applicability
51.0 Definitions
Attachments
Attachment A – Scope of Services
Attachment B – Required Forms
Attachment C – Bid Schedule
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Packet Pg. 1308 Attachment: 17-7154 Solicitation (5049 : ITB 17-7154 Structural and Mechanical Pool Contractors)
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17-7154 Structural and Mechanical Pool Contractors
SOLICITATION PUBLIC NOTICE
INVITATION TO BID (ITB) NUMBER: 17-7154
PROJECT TITLE: Structural and Mechanical Pool Contractors
PRE-BID CONFERENCE: August 18, 2017 at 9:00 AM
LOCATION: NORTH COLLIER REGIONAL PARK, 15000 LIVINGSTON ROAD, NAPLES, FL 34109
BID OPENING DAY/DATE/TIME: August 28, 2017 at 10:00 AM
PLACE OF BID OPENING: PROCUREMENT SERVICES DIVISION
3295 TAMIAMI TRAIL EAST, BLDG C-2
NAPLES, FL 34112
All bids shall be submitted online via the Collier County Procurement Services Division Online Bidding System:
www.colliergov.net/bid
1.0 INTRODUCTION
As requested by the Parks and Recreation Division (hereinafter, the “Division or Department”), the Collier County Board of County
Commissioners Procurement Services Division (hereinafter, “County”) has issued this Invitation to Bid (hereinafter, “ITB”) with
the intent of obtaining bid submittals from interested and qualified vendors in accordance with the terms, conditions and
specifications stated or attached. The vendor, at a minimum, must achieve the requirements of the Specifications or Scope of Work
stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County
Commissioners Procurement Ordinance.
Parks and Recreation is interested in receiving bids to secure commercial pool contractors to perform all aspects related to on-call
and urgent maintenance repair work. This will include replacement and restoration services, mechanical and structural
components of the commercial swimming pools and features at Park facilities. Filtration and water balancing will not be expected
of the proposer. The County reserves the right to utilize awardees on an urgent basis, as needed when pool facilities are in need of
urgent repair or maintenance work outside the expertise of staff to ensure the public asset can be used, and revenue can be
maintained.
2.0 BACKGROUND
Collier County manages one of the most popular parks and recreation programs in Florida. Operating more than a dozen regional,
specialty, and community parks and servicing a community of more than 400,000 residents each year. The County spends
approximately $100,000 for maintenance and remedial repairs; however future annual expenditures will be based on the County’s
needs and available budget.
Collier County Parks & Recreation is proud of its three main water facilities, including the Golden Gate Community Park Aquatics
Facility, Immokalee Sports Complex, and Sun-n-Fun Lagoon Water Park, along with two interactive water playground facilities at
Eagle Lakes Community Park and Vineyards Community Park. The County reserves the right to add/remove properties during the
term of the award.
3.0 TERM OF CONTRACT
The contract term, if an award(s) is/are made is intended to be for three (3) years with two (2) one year renewal options.
Prices shall remain firm for the initial term of this contract.
Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing
structure.
All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to
comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and
place of delivery; provided that risk of loss prior to actual recei pt of the goods by the COUNTY nonetheless remain with
VENDOR.
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Packet Pg. 1309 Attachment: 17-7154 Solicitation (5049 : ITB 17-7154 Structural and Mechanical Pool Contractors)
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17-7154 Structural and Mechanical Pool Contractors
4.0 AWARD CRITERIA
ITB award criteria are as follows:
4.1 The County’s Procurement Services Division reserves the right to clarify a vendor’s submittal prior to the award of the
solicitation.
4.2 It is the intent of Collier County to award to the lowest, responsive and responsible vendor(s) that represents the best value
to the County.
4.3 For the purposes of determining the winning bidder, the County will select the vendor with the lowest price as outlined
below:
Lowest total bid.
4.4 Collier County reserves the right to select one, or more than one suppliers, award on a line item basis, establish a pool for
quoting, or other options that represents the best value to the County; however, it is the intent to:
Award to a single vendor.
4.5 The County reserves the right to issue a formal contract or standard County Purchase Order for the award of this
solicitation.
4.6 The County requests that the vendor submits no fewer than three (3) completed reference forms from municipal or
commercial clients whose projects are of a similar nature to this solicitation as a part of their proposal. References
need to be within the past five (5) years.
4.7 A Commercial Pool/Spa License is required and must be provided with submission.
4.8 A certification for Pool Operator or Aquatic Facility Operator must also be provided.
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Packet Pg. 1310 Attachment: 17-7154 Solicitation (5049 : ITB 17-7154 Structural and Mechanical Pool Contractors)
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17-7154 Structural and Mechanical Pool Contractors
GENERAL BID INSTRUCTIONS
5.0 PURPOSE/OBJECTIVE
As requested by the Collier County departments or divisions identified, the Collier County Board of County Commissioners
Procurement Services Division (hereinafter, the County) has issued this Invitation to Bid (hereinafter, the “ITB”, or “Bid”)
with the sole purpose and intent of obtaining bid responses from interested and qualified firms in accordance with the terms,
conditions, and specifications stated and/or attached herein/hereto. The successful vendor will hereinafter be referred to as the
“Vendor”
All bids must be submitted on the Bid forms furnished by the County noted in Attachments of this ITB. Bids may not
be considered unless Bid forms are properly executed. Vendor is responsible to read and follow the instructions very
carefully, as any misinterpretation or failure to comply with these instructions could lead to the bid submitted as being rejected
as non-responsive.
6.0 PRICING
Vendors must provide unit prices using the unit of measured specified by the County. All prices will remain firm for a period
of one hundred and eighty (180) calendar days from date of bid opening. After award by the Board of County Commissioners,
prices may only be adjusted as outlined.
7.0 ALTERNATE BID PRICING
In the event that alternate pricing is requested, it is an expressed requirement of the bid to provide pricing for all altern ates as
listed. The omission of a response or a no -bid or lack of a submitted price may be the basis for the rejection of the submitted
bid response. All bids responses received without pricing for all alternates as listed may be considered technically non-
responsive and will not be considered for award.
8.0 EQUAL PRODUCT
Manufacturer’s name, brand name and/or mode l number are used in these specifications for the purpose of establishing
minimum requirements of level of quality, standards of performance and/or design required, and is in no way intended to
prohibit the bidding of other manufacturer’s items of equal or similar material. An equal or similar product may be bid,
provided that the product is found by the County to be equal or similar in quality, standard of performance, design, etc. to the
item specified.
Where an equal or similar is bid, the Bid must be accompanied with two (2) complete sets of factory information sheets
(specifications, brochures, etc.) and test results, if applicable, of unit bid as equal or similar.
Equal product samples, if required for evaluation, and at no cost to the County, the vendor must contact the Procurement
Services Division for instructions on submittal. The County shall be sole judge of equality or similarity, and its decision shall
be final in the best interest.
9.0 DISCOUNT
Any discounts or terms must be shown on the Bid form. Such discounts, if any, may be considered in the award of tie bids. In
no instance should payment terms less than fifteen (15) calendar days be offered.
10.0 ADDENDA
The County reserves the right to formally amend and/or clarify the requirements of the bid specifications where it deems
necessary. Any such addendum/clarification shall be in writing and notifications shall be distributed electronically to all
parties who received the original bid specifications prior to the deadline for submission of Bids. All changes to this ITB will be
conveyed electronically through a notice of addendum or questions and answers to all vendors registered under the applicable
commodity code(s) at the time when the original ITB was released, as well as those vendors who downl oaded the ITB
document. All addendums are posted on the Collier County Procurement Services Division Online Bidding System website:
www.colliergov.net/bid. Before submitting a bid response, please make sure that you have read all documents provided,
understood clearly and complied completely with any changes stated in the addenda as failure to do so may result in the
rejection of your submittal.
11.0 BID SUBMISSION
All electronic bids shall be submitted online via the Collier County Procurement Services Division Online Bidding System:
www.colliergov.net/bid
12.0 QUESTIONS
If the vendor should be of the opinion that the meaning of any part of the Bid Document is doubtful, obs cure or contains errors
or omissions it should report such opinion to the Procurement Strategist before the bid opening date. Direct questions related to
this ITB only to the Collier County Procurement Services Division Internet website: www.colliergov.net/bid. Questions will
16.D.14.b
Packet Pg. 1311 Attachment: 17-7154 Solicitation (5049 : ITB 17-7154 Structural and Mechanical Pool Contractors)
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17-7154 Structural and Mechanical Pool Contractors
not be answered after the date and time noted.
Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier
County Procurement Services Division Online Bidding System website. For general questions, please call the referenced
Procurement Strategist identified in the Public Notice.
13.0 PROTESTS
Any prospective vendor/bidder who desires to protest any aspect(s) or provision(s) of the solicitation (including the form of the
solicitation documents or procedures) shall file their protest with the Procurement Services Division prior to the time of the bid
opening strictly in accordance with the County’s then current Procurement Ordinance and policies.
14.0 LOCAL VENDOR PREFERENCE (LVP)
14.1 The County is using the Competitive Sealed Bid methodology of source selection for this procurement, as authorized by
Ordinance Number 2017-08 establishing and adopting the Collier County Procurement Ordinance.
14.2 Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector for at
least one year prior to bid or proposal submission to do business within Collier County, and that identifies the business
with a permanent physical business address located within the limits of Collier County from which the vend or’s staff
operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that
receives mail, or a non-permanent structure such as a construction trailer, storage shed, or other non -permanent structure
shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be
considered a "local business" unless it contributes to the economic development and well-being of Collier County in a
verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment
opportunities, support and increase to the County's tax base, and residency of employees and principals of the business
within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their
bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the
Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local
Preference status for a period of up to one year.
14.3 Under this solicitation, bidders desiring to receive local preference will be invited and required to affirmatively state
and provide documentation as set forth in the solicitation in support of their status as a local business. Any bidder who
fails to submit sufficient documentation with their bid offer shall not be granted local preference consideration for the
purposes of that specific contract award. Except where federal or state law, or any other funding source, mandates to the
contrar y, Collier County and its agencies and instrumentalities, will give preference to local businesses in the following
manner.
14.4 Competitive bid (local price match option). Each formal competitive bid solicitation shall clearly identify how the
price order of the bids received will be evaluated and determined. W hen a qualified and responsive, non-local
business submits the lo we st price bid, and the bid submitted by one or more qualified and responsive local businesses is
within ten percent of the price submitted by the non-local business, then the local business with the apparent lowest bid
offer (i.e., the lowest local bidder) shall have the opportunity to submit an offer to match the price(s), less one (1) dollar,
offered b y the overall lo west, qualified and responsive bidder. In such instances, staff shall first verify if the lowest non-
local bidder and the lo we st local bidder are in fact qualified and responsive bidders. Next, the Procurement Services
Division shall determine if the lo we st local bidder meets the requirements of Fla. Stat. Sec.287.087 (Preferences to
businesses with drug-free workplace programs). If the lowest local bidder meets the requirements of Fla. Stat. Sec.
287.087, the Procurement Services Division shall invite the lowest local bidder to submit a matching offer, less one (1)
dollar, within five (5) business da ys thereafter. If the lo west local bidder submits an offer that full y matches the
lo west bid, less one (1) dollar, fr o m the lo west non-local bidder tendered previousl y, then award shall be made to the
local bidder. If the lo west local bidder declines or is unable to match the lowe st non-local bid price(s), then award
will be made to the lowest overall qualified and responsive bidder. If the lowest local bidder does not meet the
requirement of Fla. Stat. Sec 287.087, and the lowest non-local bidder does, award will be made to the bidder that meets
the requirements of the reference state law.
14.5 Bidder must complete and submit with their bid response the Affidavit for Claiming Status as a Local Business which is
included as part of this solicitation. Failure on the part of a Bidder to submit this Affidavit with their bid response
will preclude said Bidder from being considered for local preference on this solicitation.
14.6 A Bidder who misrepresents the Local Preference status of its firm in a bid submitted to the County will lose the privilege
to claim Local Preference status for a period of up to one (1) year.
14.7 The County may, as it deems necessary, conduct discussions with responsible bidders determined to be in contention for
being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation
requirements.
15.0 IMMIGRATION AFFIDAVIT CERTIFICATION
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15.1 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only
individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E -Verify)
operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA),
provides an Internet-based means of verifying employment eligibility of workers in the United States; it is not a substitute
for any other employment eligibility verification requirements. The program will be used for Collier County formal
Invitations to Bid (ITB) and Request for Proposals (ITB) including professional services and construction services.
15.1.1Exceptions to the program:
(1) Commodity based procurement where no services are provided.
(2) Where the requirement for the affidavit is waived by the Board of County Comm issioners
15.2 Vendors / Bidders are required to enroll in the E -Verify program, and provide acceptable evidence of their enrollment, at
the time of the submission of the vendor’s/bidder’s proposal. Acceptable evidence consists of a copy of the properly
completed E-Verify Company Profile page or a copy of the fully executed E -Verify Memorandum of Understanding for
the company. Vendors are also required to provide the Collier County Procurement Services Division an executed
affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents.
If the Bidder/Vendor does not comply with providing both the acceptable E-Verify evidence and the executed
affidavit the bidder’s / vendor’s proposal may be deemed non-responsive.
15.3 Additionally, vendors shall require all subcontracted vendors to use the E -Verify system for all purchases not covered
under the “Exceptions to the program” clause above.
15.4 For additional information regarding the Employment Eligibility Ver ification System (E-Verify) program visit the
following website: http://www.dhs.gov/E-Verify. It shall be the vendor’s responsibility to familiarize themselves with all
rules and regulations governing this program.
15.5 Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for
complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and
regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by
the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach
of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately.
16.0 LOBBYING
After the issuance of any solicitation, no current or prospective vendor or any person acting on their behalf, shall contact,
communicate with or discuss any matter relating to the solicitation with any Collier County employee or elected or appointed
official, other than the Procurement Services Director or his/her designees. This prohibition ends upon execution of the fin al
contract or upon cancellation of the solicitation. Any current or prospective vendor that lobbies any Collier County employee
or elected or appointed official while a solicitation is open or being recommended for award (i) may be deemed ineligible for
award of that solicitation by the Procurement Services Director, and (ii) will be subject to Suspension and Debarment outlined
in section Twenty-eight of County Ordinance 2017-08.
17.0 CERTIFICATE OF AUTHORITY TO CONDUCT BUSINESS IN THE STATE OF FLORIDA (FL STATUTE
607.1501)
In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in
accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority
(www.sunbiz.org/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation
response and the document number shall be identified. Firms who do not provide the certificate of a uthority 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 fir m.
18.0 GENERAL INFORMATION
When it is deemed by the County that a bid cannot be awarded as originally intended, the County reserves the right to award
this bid through an approach which is t he best interest of the County. Alternate bids will not be considered unless authorized
by the ITB. In case of identical bids tying as low bid, the County shall conduct a random selection (coin toss) by the
Procurement Services Director before at least three witnesses.
19.0 BID AWARD PROCESS
Award shall be made in a manner consistent with the County’s Procurement Ordinance. Award recommendations will be
posted on the Collier County Procurement Services Division website.
20.0 RESERVED RIGHTS
Collier County reserves its right in any solicitation to accept or reject any or all bids, proposals or offers; to waive minor
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irregularities and technicalities; or to request resubmission. Also Collier County reserves the right to accept all or any pa rt of
any bid, proposal, or offer, and to increase or decre ase quantities to meet the additional or reduced requirements of Collier
County. Collier County reserves its right to cancel, extend or modify any or all bids, proposals or offers; to award to one o r
more vendors; to award all or part of a solicitation; and to award by individual line items when it is deemed to be in the best
interest of the County. Collier County reserves its right to reject any sole response.
END OF GENERAL BID INSTRUCTIONS
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21.0 COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS
21.1 Offer
21.1.1 This offer is subject to cancellation by the COUNTY without notice if not accepted by VENDOR within
fourteen (14) days of issuance.
21.2 Acceptance and Confirmation
21.2.1 This Purchase Order (including all documents attached to or referenced therein) constitutes the entire agreement
between the parties, unless otherwise specifically noted by the COUNTY on the face of this Purchase Order. Each
delivery of goods and/or services received by the COUNTY from VENDOR shall be deemed to be upon the terms
and conditions contained in this Purchase Order.
21.2.2 No additional terms may be added and Purchase Order may not be changed except by written instrument
executed by the COUNTY. VENDOR is deemed to be on notice that the COUNTY objects to any additional or
different terms and conditions contained in any acknowledgment, invoice or other communication from VENDOR,
notwithstanding the COUNTY’S acceptance or payment for any delivery of goods and/or services, or any similar
act by VENDOR.
21.3 Inspection
21.3.1 All goods and/or services delivered hereunder shall be received subject to the COUNTY’S inspection and
approval and payment therefore shall not constitute acceptance. All payments are subject to adjustment for
shortage or rejection. All defective or nonconforming goods will be ret urned pursuant to VENDOR'S instruction
at VENDOR’S expense.
21.3.2 To the extent that a purchase order requires a series of performances by VENDOR, the COUNTY prospectively
reserves the right to cancel the entire remainder of the Purchase Order if goods and/or services provided early in
the term of the Purchase Order are non conforming or otherwise rejected by the COUNTY.
21.4 Shipping and Invoices
21.4.1 a) All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation
rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the
COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the
COUNTY nonetheless remain with VENDOR.
21.4.2 b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise specifically stated
in this Purchase Order. Unless otherwise provided in Purchase Order, no invoices shall be issued nor payments
made prior to delivery. Unless freight and other charges are itemized, any discount will be taken on the full
amount of invoice.
21.4.3 c) All shipments of goods scheduled on the same day via the same route must be consolidated. Each shipping
container must be consecutively numbered and marked to show this Purchase Order number. The container and
Purchase Order numbers must be indicated on bill of lading. Packing slips must show Purchase Order number and
must be included on each package of less than container load (LCL) shipments a nd/or with each car load of
equipment. The COUNTY reserves the right to refuse or return any shipment or equipment at VENDOR’S
expense that is not marked with Purchase Order numbers. VENDOR agrees to declare to the carrier the value of
any shipment made under this Purchase Order and the full invoice value of such shipment.
21.4.4 d) All invoices must contain the Purchase Order number and any other specific information as identified on the
Purchase Order. Discounts of prompt payment will be computed from the date of receipt of goods or from date of
receipt of invoices, whichever is later. Payment will be made upon receipt of a proper invoice and in compliance
with Chapter 218, Fla. Stats., otherwise known as the “Local Government Prompt Payment Act,” and, pu rsuant to
the Board of County Commissioners Purchasing Policy.
21.5 Time Is Of the Essence
21.5.1 Time for delivery of goods or performance of services under this Purchase Order is of the essence. Failure of
VENDOR to meet delivery schedules or deliver within a reasonable time, as interpreted by the COUNTY in its
sole judgment, shall entitle the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees
to reimburse the COUNTY for any expenses incurred in enforcing its rights. VENDOR further agrees that
undiscovered delivery of nonconforming goods and/or services is not a waiver of the COUNTY’S right to insist
upon further compliance with all specifications.
21.6 Changes
21.6.1 The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping
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instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such
change increase or decrease the cost of, or the time required for performance of the Purchase Order, an equitabl e
adjustment in the price and/or delivery schedule will be negotiated by the COUNTY and VENDOR.
Notwithstanding the foregoing, VENDOR has an affirmative obligation to give notice if the changes will decrease
costs. Any claims for adjustment by VENDOR must be made within thirty (30) days from the date the change is
ordered or within such additional period of time as may be agreed upon by the parties.
21.7 Warranties
21.7.1 VENDOR expressly warrants that the goods and/or services covered by this Purchase Order will conform to the
specifications, drawings, samples or other descriptions furnished or specified by the COUNTY, and will be of
satisfactory material and quality production, free from defects and sufficient for the purpose intended. Goods shall
be delivered free from any security interest or other lien, encumbrance or claim of any third party. These
warranties shall survive inspection, acceptance, passage of title and payment by the COUNTY.
21.8 Statutory Conformity
21.8.1 Goods and services provided pursuant to thi s Purchase Order, and their production and transportation shall
conform to all applicable laws, including but not limited to the Occupational Health and Safety Act, the Federal
Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the
Purchase Order.
21.9 Advertising
21.9.1 No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has contracted with
the COUNTY for goods and/or services, or appropriate or make use of the COUNTY’S name or other identifying
marks or property without the prior written consent of the COUNTY’S Purchasing Department.
21.10 Indemnification
21.10.1 VENDOR shall defend, indemnify and hold harmless the COUNTY from any and all claims, including claims
of negligence, costs and expenses, including but not limited to attorneys' fees, arising from, caused by or related to
the injury or death of any person (including but not limited to employees and agents of VENDOR in the
performance of their duties or otherwise), or damage to property (including property of the COUNTY or other
persons), which arise out of or are incident to the goods and/or services to be provided hereunder.
21.11 Warranty of Non Infringement
21.11.1 VENDOR represents and warrants that all goods sold or services performe d under this Purchase Order are: a)
in compliance with applicable laws; b) do not infringe any patent, trademark, copyright or trade secret; and c) do
not constitute unfair competition.
21.11.2 VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims, including
claims of negligence, costs and expense, including but not limited to attorneys' fees, which arise from any claim,
suit or proceeding alleging that the COUNTY’S use of the goods and/or services provided under this Purchase
Order are inconsistent with VENDOR'S representations and warranties in section 11 (a).
21.11.3 If any claim which arises from VENDOR'S breach of section 11 (a) has occurred, or is likely to occur,
VENDOR may, at the COUNTY’S option, procure for the COUNTY the right to continue using the goods or
services, or replace or modify the goods or services so that they become non infringing, (without any material
degradation in performance, quality, functionality or additional cost to the COUNTY).
21.12 Insurance Requirements
21.12.1 The VENDOR, at its sole expense, shall provide commercial insurance of such type and with such terms and
limits as may be reasonably associated with the Purchase Order. Providing and maintaining adequate insurance
coverage is a material obligation of the VENDOR. All insurance policies shall be executed through insurers
authorized or eligible to write policies in the State of Florida.
21.13 Compliance with Laws
21.13.1 In fulfilling the terms of this Purchase Order, VENDOR agrees that it will comply with all feder al, state, and
local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non -
exhaustive example, this shall include the American with Disabilities Act and all prohibitions against
discrimination on the basis of race, religion, sex creed, national origin, handicap, marital status, or veterans’ status.
Further, VENDOR acknowledges and without exception or stipulation shall be fully responsible for complying
with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and
regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws
referenced herein shall constitute a breach of the award agreement and the County shall ha ve the discretion to
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unilaterally terminate said agreement immediately. Any breach of this provision may be regarded by the
COUNTY as a material and substantial breach of the contract arising from this Purchase Order.
21.14 Force Majeure
21.14.1 Neither the COUNTY nor VENDOR shall be responsible for any delay or failure in performance resulting
from any cause beyond their control, including, but without limitation to war, strikes, civil disturbances and acts of
nature. When VENDOR has knowledge of any actual or potential force majeure or other conditions which will
delay or threatens to delay timely performance of this Purchase Order, VENDOR shall immediately give notice
thereof, including all relevant information with respects to what steps VENDOR is taking to comp lete delivery of
the goods and/or services to the COUNTY.
21.15 Assignment
21.15.1 VENDOR may not assign this Purchase Order, nor any money due or to become due without the prior written
consent of the COUNTY. Any assignment made without such consent shall be deeme d void.
21.16 Taxes
21.16.1 Goods and services procured subject to this Purchase Order are exempt from Florida sales and use tax on real
property, transient rental property rented, tangible personal purchased or rented, or services purchased (Florida
Statutes, Chapter 212), and from federal excise tax.
21.17 Annual Appropriations
21.17.1 The COUNTY’S performance and obligation to pay under this Purchase Order shall be contingent upon an
annual appropriation of funds.
21.18 Termination
21.18.1 This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the
VENDOR. This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the
terms and conditions of this Purchase Order, provided that COUNTY has provided VENDOR with noti ce of such
breach and VENDOR has failed to cure within 10 days of receipt of such notice.
21.19 General
21.19.1 a) This Purchase Order shall be governed by the laws of the State of Florida. The venue for any action
brought to specifically enforce any of the terms and conditions of this Purchase Order shall be the Twentieth
Judicial Circuit in and for Collier County, Florida
21.19.2 b) Failure of the COUNTY to act immediately in response to a breach of this Purchase Order by VENDOR
shall not constitute a waiver of breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not
be deemed a waiver of any subsequent default by VENDOR.
21.19.3 c) All notices under this Purchase Order shall be sent to the respective addresses on the face page by certified
mail, return receipt requested, by overnight courier service, or by personal delivery and will be deemed effective
upon receipt. Postage, delivery and other charges shall be paid by the sender. A party may change its address for
notice by written notice complying with the requirements of this section.
21.19.4 d) The Vendor agrees to reimbursement of any travel expenses that may be associated with this Purchase
Order in accordance with Florida Statute Chapter 112.061, Per Diem and Travel Expenses for Public Officers,
employees and authorized persons.
21.19.5 e) In the event of any conflict between or among the terms of any Contract Documents related to this
Purchase Order, the terms of the Contract Documents shall take precedence over the terms of the Purchase Order.
To the extent any terms and /or conditions of this Purchase Order duplicate or overlap the Terms and Conditions of
the Contract Documents, the provisions of the Terms and/or Conditions that are most favorable to the County
and/or provide the greatest protection to the County shall govern.
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ADDITIONAL TERMS AND CONDITIONS FOR ITB
22.0 INSURANCE AND BONDING REQUIREMENTS
22.1 The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized
to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Vendor
shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of
work.
22.2 The County and the Vendor waive against each other and the County’s separate Vendors, Contractors, Design Consultant,
Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein,
except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate,
require similar waivers of subrogation from the County’s separate Vendors, Design Consultants and Subcontractors and
shall require each of them to include similar waivers in their contracts.
22.3 Collier County shall be responsible for purchasing and maintaining, its own liability insurance.
22.4 Certificates issued as a result of the award of this solicitation must identify “For any and all work performed on behalf of
Collier County.”
22.5 The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County,
Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of
interests provisions.
22.6 Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificat es of Insurance
must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work
performed on behalf of Collier County. The "Certificate Holder" should read as follows:
Collier County Board of County Commissioners
Naples, Florida
22.7 The amounts and types of insurance coverage shall conform to the minimum requirements set forth in Insurance and
Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If
Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor
must identify on the Certificate of Insurance the nature and amount of such self - insured retentions or deductibles and
provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles
will be Vendor’s sole responsibility.
22.8 Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of
completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer.
22.9 The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non
renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner,
within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in
coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this
requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor
hereunder, Vendor shall immediately take steps to have the aggregate l imit reinstated to the full extent permitted under
such policy.
22.10 Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the
Agreement or at its sole discretion shall be authorized to purchase such co verage(s) and charge the Vendor for such
coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the
County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement
between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be
responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to
purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract
Documents.
22.11 If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the
Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days
after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s)
shall be considered justification for the County to terminate any and all contracts.
23.0 ADDITIONAL ITEMS AND/OR SERVICES
23.1 Additional items and / or services may be added to the resultant contract, or purchase order, in compliance with the
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Procurement Ordinance.
24.0 VENDOR PERFORMANCE EVALUATION
24.1 The County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000.
To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement.
25.0 ADDITIONAL TERMS AND CONDITIONS OF CONTRACT
25.1 The selected Vendor may be required to sign a standard Collier County contract.
25.2 The resultant contract(s) may include purchase or work orders issued by the County’s project manager .
25.3 The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for
the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County
will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the
Vendor.
25.4 The County’s project manager shall coordinate with the Vendor / Contractor the return of any surplus assets, including
materials, supplies, and equipment associated with the scope or work.
26.0 PUBLIC RECORDS COMPLIANCE
26.1 Florida Public Records Law Chapter 119, including specifically those contractual requirements in 119.0701(2)(a)-(b) as
follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS
AT:
Communication and Customer Relations Division
3299 Tamiami Trail East
Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8383
26.2 The Contractor must specifically comply with the Florida Public Records Law to:
26.2.1 Keep and maintain public records required by the public agency to perform the service.
26.2.2 Upon request from the public agency’s custodian of public records, provide the public agency with a copy of
the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not
exceed the cost provided in this chapter or as otherwise provided by law.
26.2.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law for the duration of the contract term and following
completion of the contract if the Contractor does not transfer the records to the public agency.
26.2.4 Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the
Contractor or keep and maintain public records required by the public agency to perf orm the service. If the
Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall
destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure
requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor
shall meet all applicable requirements for retaining public records. All records stored electronically must be
provided to the public agency, upon request from the public agency’s custodian of public records, in a format that
is compatible with the information technology systems of the public agency.
27.0 PAYMENT METHOD
27.1 Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes.
Vendor’s invoices must include:
27.1.1 Purchase Order Number
27.1.2 Description and quantities of the goods or services provided per instructions on the Coun ty’s purchase order or
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contract. Invoices shall be sent to:
Board of County Commissioners Clerk’s Finance Department
ATTN: Accounts Payable
3299 Tamiami Trail East, Suite 700
Naples FL 34112
Or
Emailed to: bccapclerk@collierclerk.com
27.2 Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of
invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission
of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of “laches” as untimely
submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement.
27.3 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 d ebts, 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.
27.4 Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for
payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes,
otherwise known as the “Local Government Prompt Payment Act.” Collier County reserves the right to withhold and/or
reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual
requirements.
28.0 ENVIRONMENTAL HEALTH AND SAFETY
28.1 All Vendors and Sub Vendors performing service for Collier County are required and shall comply with all Occupational
Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other
applicable rules and regulations. Vendors and Sub Vendors shall be responsible for the safety of their employees and any
unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All
firewall penetrations must be protected in order to meet Fire Cod es.
28.2 Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or
right-of-way for the purpose of inspection of any Vendor’s work operations. This provision is non-negotiable by any
department and/or Vendor.
28.3 All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash
Studies where relevant as determined by the engineer.
28.4 All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels.
29.0 LICENSES
29.1 The Vendor is required to possess the correct Business Tax Receipt, professional license, and any other authorizations
necessary to carry out and perform the work required by the project pursuant to all 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 tea m assigned to the County
account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of
any Vendor to submit the required documentation may be grounds to deem Vendor non-responsive. A Vendor, with an
office within Collier County is also required to have an occupational license.
29.2 All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier
County Contractor License registration form and submit the required fee. After registering the license/registration will
need to be renewed thereafter to remain “active” in Collier County.
29.3 If you have questions regarding professional licenses contact the Contractor Licensing, Community Development a nd
Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required occupational licenses,
please contact the Tax Collector’s Office at (239) 252-2477.
30.0 SURVIVABILITY
30.1 Purchase Orders: The Vendor agrees that any Purchase Order that extends beyond the expiration date of Solicitation 17-
7154 Structural and Mechanical Pool Contractors will survive and remain subject to the terms and conditions of that
Agreement until the completion or termination of this Purchase Order.
31.0 RELATION OF COUNTY
31.1 It is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor, and that neither
16.D.14.b
Packet Pg. 1320 Attachment: 17-7154 Solicitation (5049 : ITB 17-7154 Structural and Mechanical Pool Contractors)
15
17-7154 Structural and Mechanical Pool Contractors
the Vendor nor their employees shall, under any circumstances, be considered employees or agents of the County, and that
the County shall be at no time legally responsible for any negligence on the part of said Vendor, their employees or agents,
resulting in either bodily or personal injury or property damage to any individual, firm, or corporation.
32.0 TERMINATION
Should the Vendor be found to have failed to perform services in a manner satisfactory to the County, the County may
terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a
thirty (30) day written notice. The County shall be sole judge of non performance. In the event that the award of this
solicitation is made by the Procurement Services Directo r, the award and any resultant purchase orders may be terminated
at any time by the County upon thirty (30) days written notice to the awarded vendor(s) pursuant to the Board’s
Procurement Ordinance.
33.0 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 vendor under a contract with any public entity; and may not transact
business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a
period of 36 months following the date of being placed on the convicted Vendor list.
34.0 SECURITY AND BACKGROUND CHECKS
34.1 The Contractor is required to comply with County Ordinance 2004 -52, as amended. Background checks are valid for five
(5) years and the Contractor shall be responsible for all associ ated costs. If required, Contractor shall be responsible for the
costs of providing background checks by the Collier County Facilities Management Division for all employees that shall
provide services to the County under this Agreement. This may include, b ut 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 main tain records on each employee
and make them available to the County for at least four (4) years.
34.2 All of Contractor’s employees and subcontractors must wear Collier County Government Identification badges at all
times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from
the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their
background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor’s
business.
34.3 The Contractor shall immediately notify the Collier County Facilities Management Division via e -mail (DL-
FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This
notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within
four (4) hours of separation may result in a deduction of $500 per incident.
34.4 CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated
upon award of the contract. If there are additional fees for this process, the vendor is responsible for all costs.
35.0 CONFLICT OF INTEREST
Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this ITB document. Disclosure of
any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a fir m
from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during
contract selection and execution.
36.0 PROHIBITION OF GIFTS TO COUNTY EMPLOYEES
No organization or individual shall offer or give, either directly or indi rectly, 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 pro vision 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 b usiness with the County for a
specified period of time, including but not limited to: submitting bids, ITB, and/or quotes; and, c. immediate termination of
any contract held by the individual and/or firm for cause.
37.0 DEDUCTION FOR NON-PERFORMANCE
The County reserves the right to deduct a portion of any invoice for goods not delivered, or services not performed in
accordance with requirements, including required timeframe. The County may also deduct, or chargeback the Vendor the costs
necessary to correct the deficiencies directly related to the Vendor’s non -performance.
16.D.14.b
Packet Pg. 1321 Attachment: 17-7154 Solicitation (5049 : ITB 17-7154 Structural and Mechanical Pool Contractors)
16
17-7154 Structural and Mechanical Pool Contractors
38.0 OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES
Collier County encourages and agrees to the successful vendor extending the pricing, terms and conditions of this solicitatio n
or resultant contract to other governmental entities at the discretion of the successful vendor.
39.0 FLORIDA WOOD PRODUCTS
The Vendor/Contractor agrees to comply with Florida Statute 255.20 to provide lumber, timber and other forest products
produced and manufactured in the State of Florida as long as the price, fitness and quality are equal.
40.0 STANDARDS OF CONDUCT
The Vendor shall employ people to work on County projects who are neat, clean, well -groomed and courteous. Subject to the
American with Disabilities Act, Vendor shall supply competent employees who are physically capable of performing their
employment duties. The County may require the Vendor to remove an employee it deems careless, incompetent, insubordinate
or otherwise objectionable and whose continued employmen t on Collier County projects is not in the best interest of the
County.
41.0 PROTECTION OF PROPERTY
The Vendor shall ensure that the service is performed in such manner as to not damage any property. In the event damage
occurs to any property as a direct result of the Vendor or their Sub vendor in the performance of the required service, the
Vendor shall repair/replace, to the County’s satisfaction, damaged property at no additional cost to the County. If the damag e
caused by the Vendor or their Sub vendor has to be repaired/replaced by the County, the cost of such work will be deducted
from the monies due the Vendor.
The County’s project manager shall coordinate with the Vendor / Contractor the return of any surplus assets, including
materials, supplies, and equipment associated with the scope or work.
42.0 COLLIER COUNTY INFORMATION TECHNOLOGY REQUIREMENTS
All vendor access will be done via VPN access only. All access must comply with current published County Manager Agency
(CMA) policies.
Current policies that apply are CMAs 5402, 5403 and 5405. These policies will be available upon request from the Information
Technology Department. All vendors will be required to adhere to IT policies for access to the County network. Vendors are
required to notify the County in writing twenty-four (24) hours in advance as to when access to the network is planned.
Included in this request must be a detailed work plan with actions that will be taken at the time of access. The County IT
Department has developed a Technical Architecture Requirements Document that is required to be filled out and submitted
with your bid response. This document can be found on the Collier County Procurement Services Division website:
www.colliergov.net/purchasing. On the left hand side of the menu, click on CC Technical Requirements. If this document is
not submitted with your bid response, your bid response may be deemed non -responsive.
43.0 MAINTENANCE OF TRAFFIC POLICY
For all projects that are conducted within a Collier County Right -of-Way, the Vendor shall provide and erect Traffic Control
Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable
on local roadways and as prescribed in the Florida Department of Transportation’s Design Standards (DS) on state roadways.
These projects shall also comply with Collier County’s Maintenance of Traffic Poli cy, #5807, incorporated herein by
reference. Copies are available through the Risk Management and/or Procurement Services Division and are available on -line
at colliergov.net/purchasing.
The Vendor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design
Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the
requirements of the Maintenance of Traffic (“MOT”) policy will be enforced under this Contra ct.
All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is require d,
MOT is to be provided within ten (10) days of receipt of Notice of Award.
44.0 DEBRIS
Vendor shall be responsible for the removal and disposal of all debris from the site and the cleaning of the affected areas.
Vendor shall keep the premises free of debris and unusable materials resulting from their work and as work progresses; or upo n
the request of the County’s representative, shall remove and dispose such debris and materials from the property. The Vendor
shall leave all affected areas as they were prior to beginning work.
45.0 DIRECT MATERIAL PURCHASE
45.1The County reserves the right to require Vendor to assign some or all of its agreements with material suppliers directly to
the County. Any such goods and/or materials purchased by the County pursuant to such an assignment of a material
16.D.14.b
Packet Pg. 1322 Attachment: 17-7154 Solicitation (5049 : ITB 17-7154 Structural and Mechanical Pool Contractors)
17
17-7154 Structural and Mechanical Pool Contractors
supply agreement shall be referred to as “County Furnished Materials” and the responsibilities of both the County and the
Vendor relating to said materials shall be governed by the terms and conditions of this solicitation. Additionally, the
County at its sole option may choose to purchase some or all of the goods and/or materials from other suppliers. In either
instance the County may require the following information from the Vendor:
45.1.1Required quantities of material
45.1.2Specifications relating to goods and/or materials requir ed for job including brand and/or model number or type if
applicable
45.1.3Pricing and availability of goods and/or materials provided under Vendor’s agreements with material suppliers
46.0 GRANT COMPLIANCE
The purchase of any goods and/or services that are funded through Federal Grant Appropriations, the State of Florida, or any
other public or private foundations shall be subject to the compliance and reporting requirements of the granting agency.
47.0 EQUIPMENT
Vendor shall have available and in good working condition, the necessary equipment to perform the required service. If
required by the County, the Vendor shall supply a list of equipment and an hourly rate for each. Hourly rates will commence
once equipment arrives at the service site, unless otherwise agreed in writing by the Project Manager.
In the event that additional specialized and/or heavy equipment (backhoe, crane, mudhog, etc.) is needed, the Project Manager
must be notified in advance for approval. The reimbursement of additional equipment expense shall be at cost and will
commence once equipment arrives at the service site, unless otherwise agreed in writing by the Project Manager. The County
reserves the right to request and obtain documentation of the Vendor’s cost for time and material projects, and to withhold
payments until documentation is provided.
All County-purchased equipment must be new and of current manufacture in production at the time of bid opening, and carry
industry standard warranties. At the time of delivery, at least two (2) complete shop repair manuals and parts lists must be
furnished with each type of equipment. Vendor must service all equipment prior to delivery and/or acceptance by the County.
The scope of these specifications is to ensure the delivery of a complete unit ready fo r operation. Omission of any essential
detail from these specifications does not relieve the Vendor from furnishing a complete unit.
48.0 STORAGE TANK INSTALLATION AND CLOSURE REQUIREMENTS
The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30/30A; FDEP chapter 62 regulations:
specifically 761, 762, 777, and 780; 376 & 403 Florida Statutes; and STI, UL, PEI, ASME, NACE, NLPA, NIST & API
referenced standards pertaining to the storage of hazardous materials and petroleum products.
The contractor shall notify the Solid & Hazardous Waste Management Department (SHWMD) prior to the installation,
removal, or maintenance of any storage tank, including day tanks for generators, storing / will be storing petroleum products or
hazardous materials. The contractor shall provide a 10 day and 48 hour notice to SHWMD 239 -252-2508 prior to
commencement.
The contractor shall provide the plans pertaining to the storage tank systems containing hazardous materials / petroleum
products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to
contractor’s submittal for permitting.
49.0 62-761.300 APPLICABILITY
49.1General Requirements:
49.1.1Underground storage tank systems: The requirements of this Chapter, unless specified otherwise, apply to
owners and operators of facilities, or owners and operators of UST systems with individual storage tank capacities
greater than110 gallons that contain or contained:
(1) Vehicular fuel, subject to Chapter 17-61, F.A.C., after May 21, 1984
(2) Pollutants or hazardous substances after December 10, 1990; or
(3) Regulated substances in unmaintained storage tank systems.
49.1.2This rule is applicable to non-residential facilities. Under 40 C.F.R. 280, residential tanks greater than 1100
gallons containing motor fuels are subject to Federal UST rules (advisory information only -not required by this
Chapter).
50.0 62-762.301, F.A.C. APPLICABILITY
50.1General Requirements:
16.D.14.b
Packet Pg. 1323 Attachment: 17-7154 Solicitation (5049 : ITB 17-7154 Structural and Mechanical Pool Contractors)
18
17-7154 Structural and Mechanical Pool Contractors
50.1.1Aboveground storage tank systems: The requirements of this chapter, unless specified otherwise, apply to owners
and operators of facilities, or owners and operators of aboveground stationary storage tank systems with individual
storage tank capacities greater than 550 gallons that contain or contained: Vehicular fuel, subject to Chapter 17 -61,
F.A.C., after May 21, 1984
(1) Vehicular fuel, subject to Chapter 17-61, F.A.C., after May 21, 1984;
(2) Pollutants after March 12, 1991; or
(3) Pollutants in unmaintained storage tank systems.
50.1.2Aboveground compression vessels and hazardous substance storage tank systems: Owners and operators of
compression vessels and hazardous substance storage tanks with capacities of greater than 110 gallons containing
hazardous substances are only required to comply with subsections 62-762.401(1)-(2), F.A.C.
50.1.3Aboveground mineral acid storage tank systems: Owners and operators of facilities, or owners and operators of
aboveground mineral acid storage tank systems with capacities of greater than 110 gallons containing miner al
acids are only required to comply with Rule 62-762.891, F.A.C.
51.0 DEFINITIONS
62-761.200(11) and 62-762.201(16), F.A.C.: “County” means a locally administered program under contract with the
Department to perform compliance verification activities at facilities with storage tank systems.
62-761.200(48) and 62-762.201(62), F.A.C.: “Pollutants” includes any “product” as defined in Section 377.19(11), F.S.,
pesticides, ammonia, chlorine and derivatives thereof, excluding liquefied petroleum gas.
62-761.200(51) and 62-762.201(65), F.A.C.: “Product” as defined in Section 377.19(11), F.S., means any commodity made
from oil or gas and includes refined crude oil, crude tops, topped crude, processed crude petroleum, residue from crude
petroleum, cracking stock, uncracked fuel oil, fuel oil, treated crude oil, residuum, gas oil, casing head gasoline, natural gas
gasoline, naphtha, distillate, condensate, gasoline, used oil, kerosene, benzene, wash oil, blended gasoline, lubricating oil,
blends or mixtures of oil with one or more liquid products or byproducts derived from oil or gas, and blends or mixtures of
two or more liquid products or byproducts derived from oil or gas, whether hereinabove enumerated or not.
62-761(73) and 62-762(84), F.A.C.: “Vehicular fuel” means a petroleum product used to fuel motor vehicles, including
aircraft, watercraft and vehicles used on and off roads and rails.
END OF ADDITIONAL TERMS AND CONDITIONS FOR ITB
16.D.14.b
Packet Pg. 1324 Attachment: 17-7154 Solicitation (5049 : ITB 17-7154 Structural and Mechanical Pool Contractors)
Line Item Description Hourly Unit Price
1 Tier 1:Project Management or Supervisor - Hourly Rate Monday -
Friday 6:00 AM - 8:00 PM $180.00
2
Tier 1:Project Management or Supervisor - Hourly Rate for Urgent
work including Weekend's, Holiday's and Monday - Friday 8:01 PM -
5:59 AM
$270.00
3 Tier 2:Foreman, Crew Leader or Lead Repair Tech Hourly Rate
Monday - Friday 6:00 AM - 8:00 PM $170.00
4
Tier 2:Foreman, Crew Leader or Lead Repair Tech Hourly Rate for
Urgent work including Weekend's, Holiday's and Monday - Friday
8:01 PM - 5:59 AM
$255.00
5 Tier 3:Skilled Labor Hourly Rate Monday - Friday 6:00 AM - 8:00 PM $160.00
6 Tier 3:Skilled Labor Hourly Rate for Urgent work including Weekend's,
Holiday's and Monday - Friday 8:01 PM - 5:59 AM $240.00
7 Tier 4:General Labor Hourly Rate Monday - Friday 6:00 AM - 8:00 PM $150.00
8 Tier 4:General Labor Hourly Rate for Urgent work including
Weekend's, Holiday's and Monday - Friday 8:01 PM - 5:59 AM $225.00
All material and supplies provided by the Awardee under this contract will be reimbursed on a strictly COST PLUS 10%
arrangement only. Documentation of awardees' cost must be provided with actual invoices from the supplier.
17-7154 Structural and Mechanical Pool Contractors
Subcontracting / Specialty Contractors hired by the Awardee for services under this contract will be provided on a
strictly COST PLUS 15% arrangement only. Documentation of awardees' subcontractor costs must be provided with
actual invoices from the subcontractor.
16.D.14.c
Packet Pg. 1325 Attachment: 17-7154 Exhibit B-Bid Schedule (5049 : ITB 17-7154 Structural and Mechanical Pool Contractors)
affi;c-wttxy+
Adminisfiative Services Departnent
Procurement Services Divisbn
Notice of Recommended Award
Solicitation: t7-7154 Title: Structural and Mechanical pool Contractors
Respondents:
Comoanv Name City County State Bid Amount Responsive/Responsible
OmniAquatics lnc.Fort Myers Lee FL s115,500 YES/YES
Commercial Energy
Specialists
Jupiter Palm Beach FL Su1,600 NO/NO
Due Date and Time:7 at 10:00 AM
Utilized Local Vendor Preference: Yes NoI
Recommended Vendor(s) For Award:
On July 27,2OL7, the Procurement Services Division released notices of lnvitation to Bid No. L7-7L54 to 132
vendors for Structural and Mechanical Pool Contractors. Twenty-seven (27) bid packages were downloaded,
and one (1) bid was received on August 28,2OL7. The only vendor, Commercial Energy Specialists took
exceptions to our specifications, contract terms and conditions and has been deemed both non-responsive and
non-responsible.
As a result, Procurement has pursued Section Twelve: Reserved Rights 1.; of the Procurement Ordinance which
"reserves the right to reject all bids, proposals or offers and to negotiate with any responsible providers to
secure the best terms and conditions in the sole interest of the County."
After an additional search and negotiations, and having followed multiple failed solicitation attempts, staff is
award to Omni Aquatics lnc, of Fort
/-/e-aottr
Date
*.:
"'{itffi:"J'
H r,",,,"d('
Procu rement Services Director:
Edward F. Coyman Jr.
16.D.14.d
Packet Pg. 1326 Attachment: 17-7154 NORA (5049 : ITB 17-7154 Structural and Mechanical Pool Contractors)
16.D.14.ePacket Pg. 1327Attachment: 17-7154 Omni Aquatics_Contract_v2_VendSign (5049 : ITB 17-7154 Structural and Mechanical Pool Contractors)
16.D.14.ePacket Pg. 1328Attachment: 17-7154 Omni Aquatics_Contract_v2_VendSign (5049 : ITB 17-7154 Structural and Mechanical Pool Contractors)
16.D.14.ePacket Pg. 1329Attachment: 17-7154 Omni Aquatics_Contract_v2_VendSign (5049 : ITB 17-7154 Structural and Mechanical Pool Contractors)
16.D.14.ePacket Pg. 1330Attachment: 17-7154 Omni Aquatics_Contract_v2_VendSign (5049 : ITB 17-7154 Structural and Mechanical Pool Contractors)
16.D.14.ePacket Pg. 1331Attachment: 17-7154 Omni Aquatics_Contract_v2_VendSign (5049 : ITB 17-7154 Structural and Mechanical Pool Contractors)
16.D.14.ePacket Pg. 1332Attachment: 17-7154 Omni Aquatics_Contract_v2_VendSign (5049 : ITB 17-7154 Structural and Mechanical Pool Contractors)
16.D.14.ePacket Pg. 1333Attachment: 17-7154 Omni Aquatics_Contract_v2_VendSign (5049 : ITB 17-7154 Structural and Mechanical Pool Contractors)
16.D.14.ePacket Pg. 1334Attachment: 17-7154 Omni Aquatics_Contract_v2_VendSign (5049 : ITB 17-7154 Structural and Mechanical Pool Contractors)
16.D.14.ePacket Pg. 1335Attachment: 17-7154 Omni Aquatics_Contract_v2_VendSign (5049 : ITB 17-7154 Structural and Mechanical Pool Contractors)
16.D.14.ePacket Pg. 1336Attachment: 17-7154 Omni Aquatics_Contract_v2_VendSign (5049 : ITB 17-7154 Structural and Mechanical Pool Contractors)
16.D.14.ePacket Pg. 1337Attachment: 17-7154 Omni Aquatics_Contract_v2_VendSign (5049 : ITB 17-7154 Structural and Mechanical Pool Contractors)
16.D.14.ePacket Pg. 1338Attachment: 17-7154 Omni Aquatics_Contract_v2_VendSign (5049 : ITB 17-7154 Structural and Mechanical Pool Contractors)
16.D.14.ePacket Pg. 1339Attachment: 17-7154 Omni Aquatics_Contract_v2_VendSign (5049 : ITB 17-7154 Structural and Mechanical Pool Contractors)
16.D.14.e
Packet Pg. 1340 Attachment: 17-7154 Omni Aquatics_Contract_v2_VendSign (5049 : ITB 17-7154 Structural and Mechanical Pool Contractors)
16.D.14.ePacket Pg. 1341Attachment: 17-7154 Omni Aquatics_Contract_v2_VendSign (5049 : ITB 17-7154 Structural and Mechanical Pool Contractors)
16.D.14.ePacket Pg. 1342Attachment: 17-7154 Omni Aquatics_Contract_v2_VendSign (5049 : ITB 17-7154 Structural and Mechanical Pool Contractors)
16.D.14.ePacket Pg. 1343Attachment: 17-7154 Omni Aquatics_Contract_v2_VendSign (5049 : ITB 17-7154 Structural and Mechanical Pool Contractors)
16.D.14.ePacket Pg. 1344Attachment: 17-7154 Omni Aquatics_Contract_v2_VendSign (5049 : ITB 17-7154 Structural and Mechanical Pool Contractors)
16.D.14.ePacket Pg. 1345Attachment: 17-7154 Omni Aquatics_Contract_v2_VendSign (5049 : ITB 17-7154 Structural and Mechanical Pool Contractors)
16.D.14.ePacket Pg. 1346Attachment: 17-7154 Omni Aquatics_Contract_v2_VendSign (5049 : ITB 17-7154 Structural and Mechanical Pool Contractors)
16.D.14.ePacket Pg. 1347Attachment: 17-7154 Omni Aquatics_Contract_v2_VendSign (5049 : ITB 17-7154 Structural and Mechanical Pool Contractors)
16.D.14.ePacket Pg. 1348Attachment: 17-7154 Omni Aquatics_Contract_v2_VendSign (5049 : ITB 17-7154 Structural and Mechanical Pool Contractors)
16.D.14.f
Packet Pg. 1349 Attachment: 17-7154 Omni Proposal (5049 : ITB 17-7154 Structural and Mechanical Pool Contractors)
16.D.14.f
Packet Pg. 1350 Attachment: 17-7154 Omni Proposal (5049 : ITB 17-7154 Structural and Mechanical Pool Contractors)
16.D.14.f
Packet Pg. 1351 Attachment: 17-7154 Omni Proposal (5049 : ITB 17-7154 Structural and Mechanical Pool Contractors)
16.D.14.f
Packet Pg. 1352 Attachment: 17-7154 Omni Proposal (5049 : ITB 17-7154 Structural and Mechanical Pool Contractors)
16.D.14.f
Packet Pg. 1353 Attachment: 17-7154 Omni Proposal (5049 : ITB 17-7154 Structural and Mechanical Pool Contractors)
16.D.14.f
Packet Pg. 1354 Attachment: 17-7154 Omni Proposal (5049 : ITB 17-7154 Structural and Mechanical Pool Contractors)
16.D.14.f
Packet Pg. 1355 Attachment: 17-7154 Omni Proposal (5049 : ITB 17-7154 Structural and Mechanical Pool Contractors)
16.D.14.f
Packet Pg. 1356 Attachment: 17-7154 Omni Proposal (5049 : ITB 17-7154 Structural and Mechanical Pool Contractors)
16.D.14.f
Packet Pg. 1357 Attachment: 17-7154 Omni Proposal (5049 : ITB 17-7154 Structural and Mechanical Pool Contractors)
16.D.14.f
Packet Pg. 1358 Attachment: 17-7154 Omni Proposal (5049 : ITB 17-7154 Structural and Mechanical Pool Contractors)
17-7154 Structural and Mechanical Pool Contractors
Bid Schedule
ADOrl(nAr nFoirt4^no
' Elddt d qrr..nr, b ft..erd d.Lrman rl.. F ro.Grat.i.l do.t nd ..li.d..rvd u*. o..birxt
tt torJ Ad,t t ..rrrl d.rdiS.tlon Clrrc o.lt -.t &.r.at .ta.d..nd rq. a.hrr.l Wdr.I !. !.a.. rt tE tv r.X,t6,.oid.d.
Required Forms
Conflid of lnteresl Affidavit
Vendor oeclardlion Statement
lmmigration Affdavit
y Profile Pa8e/Memorandum
Substitut€ W-9
3 Relerences of Municipel or Comme.cial wo.k from
the past 5 years
Commercial Pooyspa tjcense
Certified Pool Operator or Aqua(c Fac ity Operator
(Certificrtion must be prdvided)
COST PLUS lOX .rr.nAcm€d o^V. Docum€nt don ol av.rd€€5' .o6t must bc provid.d ehh actEl inoices lrorr th. qippli.r. Sub.ont -etinf / Sf€.ialtY
hlred by th! Atf.fll€. fo, s.wir. tmdcr Ulb conE ct will be prorld.d on a sdctly COST PIUS 15ta .rr.l!8..tEnt onv. Docum.trbiion of .9.d..t'
Omni lnc.
[ine ltem Des..iption Eatitnated Ouantitv 'Hourly Unit Priaa Total
1
IL. 1:Prol.rt M.n{ciEnt oi SuF vi.or - Hourly
Rate Monday, Friday 5:mAM - 8:@ PM
100 s 180.00 s 18,00.00
2
Iler l:Prora<t Man4eirent or SulErviior - Hourly
Rate for Urgmtwork includin8 We€ke.d's, Holiday's
and Monday - Friday 8:O1PM-5:59AM
50 s 270.U s BJm.oo
3
Il€r 2:focman, c,€u Lead€r or La.d Rep.lr Tadr
Hourly Rate Monday - friday 5:OAM - 8:m PM
100 s 170.m S 17,0o-oo
ficr 2:fol!nran, Crtv Lradar or taad Regalr Tadt
Hourly Rate for UBent work includiq Weekend's,
Holiday's and Monday - Friday 8O1PM -5:59AM
50 s 255.m s 12,750.0
5
f.r 3:Sldllcd lrbor Hourly Rate Monday Friday
5OOAM 8:0O PM 1m 5 160.00 s 16,000.m
6
It€r 3sulbd L.bor Hourly Rate for Urgent work
including Weekend's, Holiday'sand Monday - Friday
8O1 PM - 9:59 AM
50 s 240.00 5 u,om.m
ncr +Gancral Lab6 Ho'rrry RAe Morday - Friday
5fl)AM.8O PM 100 s $0.m s 1s,000.00
8
II.... 4:Gcner.l 1rb6 Hourly Rate for Ucert work
inclding Weekerd's, Holiday's and Monday - friday
8:O1 PM - 5:59 AM
50 5 225.n s 11,250.m
TOTA|- &Or.S lls,soo.oo
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Department of State /Division of Corporations /Search Records /Detail By Document Number /
Document Number
FEI/EIN Number
Date Filed
State
Status
Detail by Entity Name
Florida Profit Corporation
OMNI AQUATICS INC.
Filing Information
P16000070342
81-3646607
08/24/2016
FL
ACTIVE
Principal Address
8080 PELICAN ROAD
FORT MYERS, FL 33967
Mailing Address
8080 PELICAN ROAD
FORT MYERS, FL 33967
Registered Agent Name & Address
WILKINS, JASON A
8080 PELICAN ROAD
FORT MYERS, FL 33967
Officer/Director Detail
Name & Address
Title P
WILKINS, JASON A
8080 PELICAN RD
FORT MYERS, FL 33967
Annual Reports
Report Year Filed Date
2017 08/01/2017
Document Images
08/01/2017 -- ANNUAL REPORT View image in PDF format
08/24/2016 -- Domestic Profit View image in PDF format
DIVISION OF CORPORATIONSFlorida Department of State
Page 1 of 2Detail by Entity Name
12/12/2017http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entit...
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THE E-VERIFY
MEMORANDUM OF UNDERSTANDING
FOR EMPLOYERS
ARTICLE I
PURPOSE AND AUTHORITY
E-Verify is a program that electronically confirms an employee’s eligibility to work in the United States
after completion of Form I-9, Employment Eligibility Verification (Form I-9). This Memorandum of
Understanding (MOU) explains certain features of the E-Verify program and describes specific
responsibilities of the Employer, the Social Security Administration (SSA), and DHS.
Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C.
§ 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, “Employment Eligibility
Verification” and Executive Order 12989, as amended, provide authority for Federal contractors and
subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain
employees working on Federal contracts.
ARTICLE II
RESPONSIBILITIES
A. RESPONSIBILITIES OF THE EMPLOYER
1. The Employer agrees to display the following notices supplied by DHS in a prominent place that is
clearly visible to prospective employees and all employees who are to be verified through the system:
a. Notice of E-Verify Participation
b. Notice of Right to Work
2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone
numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to
keep such information current by providing updated information to SSA and DHS whenever the
representatives’ contact information changes.
3. The Employer agrees to grant E-Verify access only to current employees who need E-Verify access.
Employers must promptly terminate an employee’s E-Verify access if the employer is separated from
the company or no longer needs access to E-Verify.
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The parties to this agreement are the Department of Homeland Security (DHS) and the
Omni Aquatics Inc. (Employer). The purpose of this agreement is to set forth terms and conditions
which the Employer will follow while participating in E-Verify.
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4. The Employer agrees to become familiar with and comply with the most recent version of the
E-Verify User Manual.
5. The Employer agrees that any Employer Representative who will create E-Verify cases will
complete the E-Verify Tutorial before that individual creates any cases.
a. The Employer agrees that all Employer representatives will take the refresher tutorials when
prompted by E-Verify in order to continue using E-Verify. Failure to complete a refresher tutorial
will prevent the Employer Representative from continued use of E-Verify.
6. The Employer agrees to comply with current Form I-9 procedures, with two exceptions:
a. If an employee presents a "List B" identity document, the Employer agrees to only accept "List
B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can
be presented during the Form I-9 process to establish identity.) If an employee objects to the photo
requirement for religious reasons, the Employer should contact E-Verify at
888-464-4218.
b. If an employee presents a DHS Form I-551 (Permanent Resident Card), Form I-766
(Employment Authorization Document), or U.S. Passport or Passport Card to complete Form I-9,
the Employer agrees to make a photocopy of the document and to retain the photocopy with the
employee’s Form I-9. The Employer will use the photocopy to verify the photo and to assist DHS
with its review of photo mismatches that employees contest. DHS may in the future designate
other documents that activate the photo screening tool.
Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right
to present any List A, or List B and List C, document(s) to complete the Form I-9.
7. The Employer agrees to record the case verification number on the employee's Form I-9 or to print
the screen containing the case verification number and attach it to the employee's Form I-9.
8. The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to
complete, retain, and make available for inspection Forms I-9 that relate to its employees, or from other
requirements of applicable regulations or laws, including the obligation to comply with the
antidiscrimination requirements of section 274B of the INA with respect to Form I-9 procedures.
a. The following modified requirements are the only exceptions to an Employer’s obligation to not
employ unauthorized workers and comply with the anti-discrimination provision of the INA: (1) List B
identity documents must have photos, as described in paragraph 6 above; (2) When an Employer
confirms the identity and employment eligibility of newly hired employee using E-Verify procedures,
the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of
the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the
Employer receives a final nonconfirmation for an employee, but continues to employ that person,
the Employer must notify DHS and the Employer is subject to a civil money penalty between $550
and $1,100 for each failure to notify DHS of continued employment following a final
nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final
nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly
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employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant
is civilly or criminally liable under any law for any action taken in good faith based on information
provided through the E-Verify.
b. DHS reserves the right to conduct Form I-9 compliance inspections, as well as any other
enforcement or compliance activity authorized by law, including site visits, to ensure proper use of
E-Verify.
9. The Employer is strictly prohibited from creating an E-Verify case before the employee has been
hired, meaning that a firm offer of employment was extended and accepted and Form I-9 was
completed. The Employer agrees to create an E-Verify case for new employees within three Employer
business days after each employee has been hired (after both Sections 1 and 2 of Form I-9 have been
completed), and to complete as many steps of the E-Verify process as are necessary according to the
E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended
until it is again operational in order to accommodate the Employer's attempting, in good faith, to make
inquiries during the period of unavailability.
10. The Employer agrees not to use E-Verify for pre-employment screening of job applicants, in
support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User
Manual does not authorize.
11. The Employer must use E-Verify for all new employees. The Employer will not verify selectively
and will not verify employees hired before the effective date of this MOU. Employers who are Federal
contractors may qualify for exceptions to this requirement as described in Article II.B of this MOU.
12. The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative
nonconfirmations. The Employer must promptly notify employees in private of the finding and provide
them with the notice and letter containing information specific to the employee’s E-Verify case. The
Employer agrees to provide both the English and the translated notice and letter for employees with
limited English proficiency to employees. The Employer agrees to provide written referral instructions
to employees and instruct affected employees to bring the English copy of the letter to the SSA. The
Employer must allow employees to contest the finding, and not take adverse action against employees
if they choose to contest the finding, while their case is still pending. Further, when employees contest
a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps
(see Article III.B. below) to contact DHS with information necessary to resolve the challenge.
13. The Employer agrees not to take any adverse action against an employee based upon the
employee's perceived employment eligibility status while SSA or DHS is processing the verification
request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(l)) that the employee
is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated
verification system to verify work authorization, a tentative nonconfirmation, a case in continuance
(indicating the need for additional time for the government to resolve a case), or the finding of a photo
mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work
authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest
the finding, and if he or she does so, the employee may not be terminated or suffer any adverse
employment consequences based upon the employee’s perceived employment eligibility status
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(including denying, reducing, or extending work hours, delaying or preventing training, requiring an
employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal
contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and
unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has
been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo
mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the
Employer can find the employee is not work authorized and terminate the employee’s employment.
Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464-
4218 (customer service) or 1-888-897-7781 (worker hotline).
14. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of
the INA as applicable by not discriminating unlawfully against any individual in hiring, firing,
employment eligibility verification, or recruitment or referral practices because of his or her national
origin or citizenship status, or by committing discriminatory documentary practices. The Employer
understands that such illegal practices can include selective verification or use of E-Verify except as
provided in part D below, or discharging or refusing to hire employees because they appear or sound
“foreign” or have received tentative nonconfirmations. The Employer further understands that any
violation of the immigration-related unfair employment practices provisions in section 274B of the INA
could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of
Title VII could subject the Employer to back pay awards, compensatory and punitive damages.
Violations of either section 274B of the INA or Title VII may also lead to the termination of its
participation in E-Verify. If the Employer has any questions relating to the anti-discrimination provision,
it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD).
15. The Employer agrees that it will use the information it receives from E-Verify only to confirm the
employment eligibility of employees as authorized by this MOU. The Employer agrees that it will
safeguard this information, and means of access to it (such as PINS and passwords), to ensure that it
is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that
it is not disseminated to any person other than employees of the Employer who are authorized to
perform the Employer's responsibilities under this MOU, except for such dissemination as may be
authorized in advance by SSA or DHS for legitimate purposes.
16. The Employer agrees to notify DHS immediately in the event of a breach of personal information.
Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All
suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at
E-Verify@dhs.gov. Please use “Privacy Incident – Password” in the subject line of your email when
sending a breach report to E-Verify.
17. The Employer acknowledges that the information it receives from SSA is governed by the Privacy
Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)). Any person who
obtains this information under false pretenses or uses it for any purpose other than as provided for in
this MOU may be subject to criminal penalties.
18. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and
evaluation of E-Verify, which includes permitting DHS, SSA, their contractors and other agents, upon
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reasonable notice, to review Forms I-9 and other employment records and to interview it and its
employees regarding the Employer’s use of E-Verify, and to respond in a prompt and accurate manner
to DHS requests for information relating to their participation in E-Verify.
19. The Employer shall not make any false or unauthorized claims or references about its participation
in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its
services as federally-approved, federally-certified, or federally-recognized, or use language with a
similar intent on its website or other materials provided to the public. Entering into this MOU does not
mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false.
20. The Employer shall not state in its website or other public documents that any language used
therein has been provided or approved by DHS, USCIS or the Verification Division, without first
obtaining the prior written consent of DHS.
21. The Employer agrees that E-Verify trademarks and logos may be used only under license by
DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not
be used in any manner that might imply that the Employer’s services, products, websites, or
publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify.
22. The Employer understands that if it uses E-Verify procedures for any purpose other than as
authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its
participation in E-Verify according to this MOU.
B. RESPONSIBILITIES OF FEDERAL CONTRACTORS
1. If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment
verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most
current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify
Supplemental Guide for Federal Contractors.
2. In addition to the responsibilities of every employer outlined in this MOU, the Employer understands
that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the
FAR it must verify the employment eligibility of any “employee assigned to the contract” (as defined in
FAR 22.1801). Once an employee has been verified through E-Verify by the Employer, the Employer
may not create a second case for the employee through E-Verify.
a. An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract
award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of
contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires
using E-Verify. The Employer must verify those employees who are working in the United States,
whether or not they are assigned to the contract. Once the Employer begins verifying new hires,
such verification of new hires must be initiated within three business days after the hire date. Once
enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees
assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an
employee’s assignment to the contract, whichever date is later.
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b. Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a
contract award must use E-Verify to begin verification of employment eligibility for new hires of the
Employer who are working in the United States, whether or not assigned to the contract, within
three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal
contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90
days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who
are working in the United States, whether or not assigned to the contract. Such verification of new
hires must be initiated within three business days after the date of hire. An Employer enrolled as a
Federal contractor in E-Verify must begin verification of each employee assigned to the contract
within 90 calendar days after date of contract award or within 30 days after assignment to the
contract, whichever is later.
c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)),
state or local governments, governments of Federally recognized Indian tribes, or sureties
performing under a takeover agreement entered into with a Federal agency under a performance
bond may choose to only verify new and existing employees assigned to the Federal contract. Such
Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired
after November 6, 1986. Employers in this category must begin verification of employees assigned
to the contract within 90 calendar days after the date of enrollment or within 30 days of an
employee’s assignment to the contract, whichever date is later.
d. Upon enrollment, Employers who are Federal contractors may elect to verify employment
eligibility of all existing employees working in the United States who were hired after November 6,
1986, instead of verifying only those employees assigned to a covered Federal contract. After
enrollment, Employers must elect to verify existing staff following DHS procedures and begin
E-Verify verification of all existing employees within 180 days after the election.
e. The Employer may use a previously completed Form I-9 as the basis for creating an E-Verify
case for an employee assigned to a contract as long as:
i. That Form I-9 is complete (including the SSN) and complies with Article II.A.6,
ii. The employee’s work authorization has not expired, and
iii. The Employer has reviewed the Form I-9 information either in person or in
communications with the employee to ensure that the employee’s Section 1, Form I-9
attestation has not changed (including, but not limited to, a lawful permanent resident alien
having become a naturalized U.S. citizen).
f. The Employer shall complete a new Form I-9 consistent with Article II.A.6 or update the
previous Form I-9 to provide the necessary information if:
i. The Employer cannot determine that Form I-9 complies with Article II.A.6,
ii. The employee’s basis for work authorization as attested in Section 1 has expired or
changed, or
iii. The Form I-9 contains no SSN or is otherwise incomplete.
Note: If Section 1 of Form I-9 is otherwise valid and up-to-date and the form otherwise complies with
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Article II.C.5, but reflects documentation (such as a U.S. passport or Form I-551) that expired after
completing Form I-9, the Employer shall not require the production of additional documentation, or use
the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions
that may be provided on this subject in the E-Verify User Manual.
g. The Employer agrees not to require a second verification using E-Verify of any assigned
employee who has previously been verified as a newly hired employee under this MOU or to
authorize verification of any existing employee by any Employer that is not a Federal contractor
based on this Article.
3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a
performance requirement under the terms of the Federal contract or subcontract, and the Employer
consents to the release of information relating to compliance with its verification responsibilities under
this MOU to contracting officers or other officials authorized to review the Employer’s compliance with
Federal contracting requirements.
C. RESPONSIBILITIES OF SSA
1. SSA agrees to allow DHS to compare data provided by the Employer against SSA’s database. SSA
sends DHS confirmation that the data sent either matches or does not match the information in SSA’s
database.
2. SSA agrees to safeguard the information the Employer provides through E-Verify procedures. SSA
also agrees to limit access to such information, as is appropriate by law, to individuals responsible for
the verification of Social Security numbers or responsible for evaluation of E-Verify or such other
persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a),
the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401).
3. SSA agrees to provide case results from its database within three Federal Government work days of
the initial inquiry. E-Verify provides the information to the Employer.
4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative
nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an
SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA
agrees to update SSA records, if appropriate, within the eight-day period unless SSA determines that
more than eight days may be necessary. In such cases, SSA will provide additional instructions to the
employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final
nonconfirmation to the employer.
Note: If an Employer experiences technical problems, or has a policy question, the employer should
contact E-Verify at 1-888-464-4218.
D. RESPONSIBILITIES OF DHS
1. DHS agrees to provide the Employer with selected data from DHS databases to enable the
Employer to conduct, to the extent authorized by this MOU:
a. Automated verification checks on alien employees by electronic means, and
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b. Photo verification checks (when available) on employees.
2. DHS agrees to assist the Employer with operational problems associated with the Employer's
participation in E-Verify. DHS agrees to provide the Employer names, titles, addresses, and telephone
numbers of DHS representatives to be contacted during the E-Verify process.
3. DHS agrees to provide to the Employer with access to E-Verify training materials as well as an
E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for
both SSA and DHS, including restrictions on the use of E-Verify.
4. DHS agrees to train Employers on all important changes made to E-Verify through the use of
mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to
E-Verify, DHS reserves the right to require employers to take mandatory refresher tutorials.
5. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in
E-Verify. DHS also agrees to provide to the Employer anti-discrimination notices issued by the Office of
Special Counsel for Immigration-Related Unfair Employment Practices (OSC), Civil Rights Division,
U.S. Department of Justice.
6. DHS agrees to issue each of the Employer’s E-Verify users a unique user identification number and
password that permits them to log in to E-Verify.
7. DHS agrees to safeguard the information the Employer provides, and to limit access to such
information to individuals responsible for the verification process, for evaluation of E-Verify, or to such
other persons or entities as may be authorized by applicable law. Information will be used only to verify
the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal
criminal laws, and to administer Federal contracting requirements.
8. DHS agrees to provide a means of automated verification that provides (in conjunction with SSA
verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility
within three Federal Government work days of the initial inquiry.
9. DHS agrees to provide a means of secondary verification (including updating DHS records) for
employees who contest DHS tentative nonconfirmations and photo mismatch tentative
nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment
eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS
determines that more than 10 days may be necessary. In such cases, DHS will provide additional
verification instructions.
ARTICLE III
REFERRAL OF INDIVIDUALS TO SSA AND DHS
A. REFERRAL TO SSA
1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the
notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding
and provide them with the notice and letter containing information specific to the employee’s E-Verify
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case. The Employer also agrees to provide both the English and the translated notice and letter for
employees with limited English proficiency to employees. The Employer agrees to provide written
referral instructions to employees and instruct affected employees to bring the English copy of the letter
to the SSA. The Employer must allow employees to contest the finding, and not take adverse action
against employees if they choose to contest the finding, while their case is still pending.
2. The Employer agrees to obtain the employee’s response about whether he or she will contest the
tentative nonconfirmation as soon as possible after the Employer receives the tentative
nonconfirmation. Only the employee may determine whether he or she will contest the tentative
nonconfirmation.
3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as
directed by E-Verify. The Employer must record the case verification number, review the employee
information submitted to E-Verify to identify any errors, and find out whether the employee contests the
tentative nonconfirmation. The Employer will transmit the Social Security number, or any other
corrected employee information that SSA requests, to SSA for verification again if this review indicates
a need to do so.
4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work
days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal
Government work days of the referral unless it determines that more than 10 days is necessary.
5. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case
updates.
6. The Employer agrees not to ask the employee to obtain a printout from the Social Security
Administration number database (the Numident) or other written verification of the SSN from the SSA.
B. REFERRAL TO DHS
1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly
notify employees in private of the finding and provide them with the notice and letter containing
information specific to the employee’s E-Verify case. The Employer also agrees to provide both the
English and the translated notice and letter for employees with limited English proficiency to
employees. The Employer must allow employees to contest the finding, and not take adverse action
against employees if they choose to contest the finding, while their case is still pending.
2. The Employer agrees to obtain the employee’s response about whether he or she will contest the
tentative nonconfirmation as soon as possible after the Employer receives the tentative
nonconfirmation. Only the employee may determine whether he or she will contest the tentative
nonconfirmation.
3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a
tentative nonconfirmation.
4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the
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employee to contact DHS through its toll-free hotline (as found on the referral letter) within eight
Federal Government work days.
5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative
nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative
nonconfirmations, generally.
6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo
mismatch, the Employer will send a copy of the employee’s Form I-551, Form I-766, U.S. Passport, or
passport card to DHS for review by:
a. Scanning and uploading the document, or
b. Sending a photocopy of the document by express mail (furnished and paid for by the employer).
7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the
Employer must forward the employee’s documentation to DHS as described in the preceding
paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will
determine the photo match or mismatch.
8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal
Government work days of the referral unless it determines that more than 10 days is necessary.
9. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case
updates.
ARTICLE IV
SERVICE PROVISIONS
A. NO SERVICE FEES
1. SSA and DHS will not charge the Employer for verification services performed under this MOU. The
Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an
Employer will need a personal computer with Internet access.
ARTICLE V
MODIFICATION AND TERMINATION
A. MODIFICATION
1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the
SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all
parties.
2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify
checking against additional data sources and instituting new verification policies or procedures, will be
covered under this MOU and will not cause the need for a supplemental MOU that outlines these
changes.
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B. TERMINATION
1. The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days
prior written notice to the other parties.
2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the
Employer’s participation in E-Verify, with or without notice at any time if deemed necessary because of
the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach
of system integrity or security by the Employer, or a failure on the part of the Employer to comply with
established E-Verify procedures and/or legal requirements. The Employer understands that if it is a
Federal contractor, termination of this MOU by any party for any reason may negatively affect the
performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state
where E-Verify is mandatory, termination of this by any party MOU may negatively affect the
Employer’s business.
3. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that
requires its participation in E-Verify is terminated or completed. In such cases, the Federal contractor
must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such
notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this
MOU that apply to non-Federal contractor participants, and will be required to use the E-Verify
procedures to verify the employment eligibility of all newly hired employees.
4. The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer
is terminated from E-Verify.
ARTICLE VI
PARTIES
A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and
SSA and DHS may adjust verification responsibilities between each other as necessary. By separate
agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU.
B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive
or procedural, enforceable at law by any third party against the United States, its agencies, officers, or
employees, or against the Employer, its agents, officers, or employees.
C. The Employer may not assign, directly or indirectly, whether by operation of law, change of control or
merger, all or any part of its rights or obligations under this MOU without the prior written consent of
DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign,
or transfer any of the rights, duties, or obligations herein is void.
D. Each party shall be solely responsible for defending any claim or action against it arising out of or
related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but
not limited to) any dispute between the Employer and any other person or entity regarding the
applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer.
E. The Employer understands that its participation in E-Verify is not confidential information and may be
disclosed as authorized or required by law and DHS or SSA policy, including but not limited to,
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Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with
Federal contractual requirements, and responses to inquiries under the Freedom of Information Act
(FOIA).
F. The individuals whose signatures appear below represent that they are authorized to enter into this
MOU on behalf of the Employer and DHS respectively. The Employer understands that any inaccurate
statement, representation, data or other information provided to DHS may subject the Employer, its
subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to
18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or
suspension.
G.The foregoing constitutes the full agreement on this subject between DHS and the Employer.
To be accepted as an E-Verify participant, you should only sign the Employer’s Section of the
signature page. If you have any questions, contact E-Verify at 1-888-464-4218.
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Company ID Number:
Approved by:
Employer
Name (Please Type or Print) Title
Signature Date
Department of Homeland Security – Verification Division
Name (Please Type or Print) Title
Signature Date
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Omni Aquatics Inc.
Jason A Wilkins
Electronically Signed 12/19/2017
USCIS Verification Division
Electronically Signed 12/19/2017
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Company ID Number:
Information Required for the E-Verify Program
Information relating to your Company:
Company Name
Company Facility Address
Company Alternate Address
County or Parish
Employer Identification Number
North American Industry
Classification Systems Code
Parent Company
Number of Employees
Number of Sites Verified for
1255554
Omni Aquatics Inc.
1110 Pine Ridge Rd. 203
Naples, FL 34108
1110 Pine Ridge Rd. 203
Naples, FL 34108
COLLIER
813646607
238
1 to 4
1
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Name Trisha L Wilkins
Phone Number (239) 351 - 2313
Fax Number
Email Address trish@omni-aquatics.com
Name Vincent F Difini
Phone Number (239) 351 - 2313
Fax Number
Email Address vincentd@omni-aquatics.com
Name Charissa L Weber
Phone Number (239) 351 - 2313
Fax Number
Email Address charissa@omni-aquatics.com
Name Jason A Wilkins
Phone Number (239) 351 - 2313
Fax Number
Email Address jasonw@omni-aquatics.com
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