Agenda 01/08/2013 Item #11E 1/8/2013 Item 11 .E.
EXECUTIVE SUMMARY
Recommendation to award RFP#12-5914R "Outsourcing of County Marinas" with an anticipated
revenue of four(4) percent of gross sales to Paradise Property Management,Inc. for a period of ten
(10)years beginning not later than February 1,2013.
OBJECTIVE: To continue to provide marina services at four(4)Collier County marinas through the use
of a contracted vendor.
CONSIDERATION: The Parks and Recreation Department (Department) seeks to outsource four
marinas (Caxambas, Cocohatchee, Port of the Islands and Goodland). While the maintenance of the
facilities will continue to be managed by the Department; the area related to the marina operations (retail)
is better suited for private professional management.
The decision to outsource this function is consistent with best practices for the provision of Parks and
Recreation Services. The retail portion of the Marinas activities can be isolated and managed
through the use of private specialty retail professionals, consistent with industry standards. Choosing to
outsource this service was also driven by reduction in staffing brought about through attrition and
turnover of key personnel in these locations. Analysis of income produced at the retail store is also
more favorable under conditions related to private sector management of the Marinas at this time versus
using county staff.
It was determined by staff to be in the best interest of the County to issue a Request for Proposal (RFP)
for the referenced services. The scope of the services included the tasks to be performed by the selected
firm.
• Dry slip assignment and boater registration
• Collection of fees and charges excluding those fees from the Solar Powered Parkeon Parking
Meter
• Issuance of annual recreational and commercial Collier County boat launch permits
• Merchandise sales
• Cash management and deposit of monies
• Credit/debit card processing capabilities
• Reservations for day slip rentals
• Radio contact with boaters
• Posting weather and tide reports
• Boater evictions—dry storage
• Retail sales and services
• Maintain Clean Marina Designation
• Live Bank Tank Maintenance
• Cleaning of restroom facilities
• Cleaning of shipstore
• Cleaning of fish cleaning table
On August 27, 2012, RFP#12-5914R was publicly advertised. Notices were sent to one hundred and fifty
(150)firms with thirty four(34)vendors downloading full packages. Two(2)responses were received by
the due date of September 18, 2012.
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As part of the solicitation for vendors, the highest number of points (20) was awarded to the vendor who
had the greatest dollar minimum monthly guarantee per marina above 2.5% of gross income. The
recommended vendor offered 4%of the gross.
Staff has negotiated and reached an agreement with the top ranking firm of Paradise Property
Management, Inc., for a ten (10)year agreement, and recommends that the Board approve entering into a
contract with Paradise Property Management, Inc.
FISCAL IMPACT: The Parks and Recreation Department shall receive four (4) percent of the gross
monthly revenues. Annualized projected revenue is $74,000. Revenue is anticipated to be $50,000 for
the remainder of Fiscal Year 2013.
GROWTH MANAGEMENT IMPACT: No Growth Management Impact is associated with this action.
LEGAL CONSIDERATION: This item has been reviewed by the County Attorney's Office, is legally
sufficient, and requires majority vote for approval. -ERP
RECOMMENDATION: That the Board of County Commissioners awards RFP#12-5914R to Paradise
Property Management, Inc. and authorizes the chairman to sign the agreement after County Attorney
review and approval.
Prepared by:Nancy Olson,Regional Manager,Parks and Recreation Department
Attachments: Contract
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1/8/2013 Item 11.E.
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.E.
Item Summary: Recommendation to award RFP#12-5914R "Outsourcing of County
Marinas" with an anticipated revenue of four(4) percent of gross sales to Paradise Property
Management, Inc. for a period of ten (10)years beginning not later than February 1, 2013.
Meeting Date: 1/8/2013
Prepared By
Name: BetancurNatali
Title: Operations Analys,Parks &Rec-NCRP Admin
12/13/2012 1:06:21 PM
Submitted by
Title:VALUE MISSING
Name: OlsonNancy
12/13/2012 1:06:23 PM
Approved By
Name: JohnsonScott
Title: Purchasing Agent,Purchasing&General Services
Date: 12/21/2012 12:23:00 PM
Name: WardKelsey
Title: Manager-Contracts Administration,Purchasing&Ge
Date: 12/21/2012 12:23:52 PM
Name: WilliamsBarry
Title: Director-Parks&Recreation,Parks&Recreation
Date: 12/21/2012 1:09:11 PM
Name: BetancurNatali
Title: Operations Analys, Parks&Rec-NCRP Admin
Date: 12/21/2012 2:02:31 PM
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1/8/2013 Item 11.E.
Name: WardKelsey
Title: Manager-Contracts Administration,Purchasing& Ge dook.
Date: 12/21/2012 3:09:17 PM
Name: CarnellSteve
Title: Director-Purchasing/General Services,Purchasing
Date: 12/22/2012 5:43:19 PM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 12/26/2012 4:43:11 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 12/27/2012 9:14:19 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 12/27/2012 9:52:47 AM
Name: OchsLeo
Title: County Manager
Date: 1/2/2013 12:01:00 PM
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1/8/2013 Item 11 .E.
Contract# 12-5914R
OUTSOURCING OF COUNTY MARINAS
THIS AGREEMENT made effective this day of , 20 ,
between Collier County, a political subdivision of the State of Florida (hereinafter the
"County") and Paradise Property Management, Inc., a Florida Corporation with offices at 909
South Collier Court, Naples, Florida 34145 (hereinafter "Concessionaire").
1. SCOPE. The County hereby grants to the Concessionaire, and the Concessionaire
hereby accepts from the County, the exclusive right to operate the following described
concession at the four (4) County owed Marinas (hereinafter "Marinas") as described
below, in conformance with the purposes and for the periods stated herein and subject to
all terms and conditions hereinafter set forth.
A. TERM. This Agreement shall be for an initial period of ten (10) years,
commencing on award by the Board of County Commissioners, and shall be
renewable upon satisfactory performance by the Concessionaire, for one (1)
additional ten (10) year period, under the same terms and conditions. The County
Manager or his designee may extend this Agreement for up to one hundred eighty
(180) additional days following expiration of the original or subsequent five (5) year
terms. In no event, including renewal option, shall the contract exceed twenty (20)
years without Board approval.
B. FACILITIES. The County shall provide to the Concessionaire the use of the
following facilities and space at the area known as Port of the Islands Boat Park;
Goodland Boat Park; Cocohatchee River Park; and Caxambas Boat Park
C. USES. The Concessionaire is authorized to conduct the following types of
business and to provide the following services, and only such business and
services, at the location as set forth below:
The Marina operations tasks include but are not limited to:
• Dry slip assignment and boater registration
• Collection of fees and charges excluding those fees from the Solar
Powered Parkeon Parking Meter
• Issuance of annual recreational and commercial Collier County boat
launch permits
• Merchandise sales
• Cash management and deposit of monies
• Credit/debit card processing capabilities
• Reservations for day slip rentals
• Radio contact with boaters
• Posting weather and tide reports
• Boater evictions —dry storage
• Retail sales and services
• Maintain Clean Marina Designation
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• Live Bank Tank Maintenance
• Cleaning of restroom facilities
• Cleaning of ship store 4000
• Cleaning of fish cleaning table
2. NOTICES. All notices from the County to the Concessionaire shall be deemed duly
served if mailed by registered or certified mail to the Concessionaire at the following
address:
Paradise Property Management, Inc.
Attn: Cynthia Blatt, President
909 South Collier Court
Marco Island, FL 34145
Tel: 941-258-4978
Email: paradisepropertiesSWFL @gmail.com
All notices from the Concessionaire to the County shall be deemed served if mailed,
faxed, or e-mailed to the County at the following address:
Collier County Parks and Recreation Department
15000 Livingston Rd., Naples, FL 34109
Tel: 239-252-4000
Fax: 239-252-6536
E-mail: BarryWilliams@colliergov.net
Attention: Parks & Recreation Director
3. NOT A LEASE. No part, parcel, building, structure, equipment or space is leased to
the Concessionaire; that the corporation is a Concessionaire and not a lessee; that
Concessionaire's right to operate the concession shall continue only so long as the
concession operation complies with the undertakings, provisions, agreements,
stipulations and conditions of this Agreement.
4. NO PARTNERSHIP OR AGENCY. Nothing herein contained shall create or be
construed as creating a partnership between the County and the Concessionaire.
Concessionaire is not an agent of the County.
5. ASSIGNMENT. The Concessionaire may not assign this Agreement, or any part hereof,
without prior written approval of the Board of County Commissioners. Any attempt to
assign without such approval shall be void. Concessionaire agrees that without the prior
written consent of the Board of County Commissioners, no shareholder shall sell, assign,
transfer or convey their stock (except by operation of law), nor shall the corporation issue
any additional shares of stock, if any such transfer or issuance will effectively change the
ownership of the corporation. However, the shareholders have the right to convey
between themselves and their spouses and children without the County's consent.
6. MAINTENANCE AND REPAIRS. The Concessionaire shall, to the satisfaction of the
Director of Parks and Recreation or his authorized representative, and at the
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Concessionaire's sole cost, provide normal and routine daily, monthly, and yearly
maintenance of the facilities, designed to keep the premises and equipment in a good
state of repair, free from hazardous conditions and deterioration, thus providing for the
comfort and safety of visitors and patrons.
7. TRASH, RUBBISH AND GARBAGE. The County will provide all garbage, trash,
recycling and rubbish receptacles within the confines of his area. The Concessionaire
shall be responsible for the pickup and removal of all rubbish, trash and garbage from
the concession area to the dumpster currently located in parking lot. The County
reserves the right to change this location upon seven (7) day written notice to the
Concessionaire. The Concessionaire agrees to perform daily removal of litter in the
immediate exterior area within fifty (50) feet of the concession.
8. UTILITIES.The County shall pay for charges of utilities to the designated premises
including, but not limited to, charges for water, sewer, and electricity. Any utilities that are
for the benefit of the Concessionaire shall be paid by the Concessionaire (i.e. telephone).
9. SECURITY. The Concessionaire must provide at its expense any security measures to
protect its operating area, equipment and materials. Such security measures may not
violate any other restriction(s) of this Agreement.
10. PERMITS, LICENSES, TAXES. The Concessionaire shall obtain and pay for all permits
and licenses necessary for the conducting of business and shall comply with all laws
governing the responsibility of an employer with respect to persons employed by the
Concessionaire. Appropriate licenses and permits shall include but not be limited to
compliance with Health Department requirements. This shall include HRS Screening for
the Concessionaire and its employees. The Concessionaire shall also be solely
responsible for payment of any and all taxes levied on the concession operation or any
other taxable activity on the premises. In addition, the Concessionaire shall comply with
all existing and future applicable rules, regulations and laws of Collier County, the State
of Florida, or the U.S. Government.
11. CONSIDERATION. The Concessionaire shall remit to the County, as consideration for
this Agreement, four percent (4%) of the total gross revenue of all four (4) marinas. The
payments are due to the County by the fifteenth (15th) of each month for the preceding
month and such payments shall be accompanied by a statement of gross receipts for the
preceding month.
The County is to receive its revenue payment as net, free and clear of all costs and
charges arising from, or related to, Concessionaire's obligations under this Agreement,
and the revenue payment is to be paid monthly. The term "gross revenue" or "gross
receipts" means all income collected, accrued or derived by the Concessionaire under
the privileges granted by this Agreement or other document entered into with the County,
excluding amounts of any Federal, State or other tax collected by the Concessionaire
from customers and required by law to be remitted to the taxing authority. The
Concessionaire shall provide the Contract Manager a Statement of Gross Receipts.
Such statement shall be certified as true, accurate and complete by the Concessionaire
and approved by the Director of Parks and Recreation or his authorized representative.
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This statement shall be accompanied by a report, which, as a minimum, shall include
hours of operation, daily attendance figures, and weather conditions, etc. This report
shall accompany the monthly statement of gross revenues and may be subject to audit.
All financial records are to be maintained during the entire term of this Agreement and for
a period of three (3) years following the termination of this Agreement. The
Concessionaire shall provide a copy of its State Sales and Use Tax Report for the same
accounting period as required for the Statement of Gross Receipts.
12. DEFAULT IN PAYMENT. A monthly report of gross receipts, the payments computed on
that amount, and any other fees due must be submitted to the County through the
Director of Parks and Recreation, to be received by the fifteenth (15th) of each month. In
the event the Concessionaire fails to pay this consideration within five (5) days of such
due date, there shall be a late charge of Fifty Dollars ($50.00) for each such late payment,
in addition to interest at the highest rate allowable by law. If the payment of consideration
and accumulated daily penalties are not received within thirty (30) days after the normal
monthly due date, then the County may take possession of the Concessionaire's assets
on County property and may cancel this Agreement. The County has no duty to notify the
Concessionaire of its failure to remit any such payment or report.
13. FORCE MAJEURE. If closure of the facilities or loss of equipment is due to
unforeseeable causes beyond the control of Concessionaire and not due to its own fault
or neglect, including but not restricted to, acts of nature or of public enemy, acts of
government or of the County, fires, floods, hurricane, civil disorder, epidemics, quarantine
regulations, strikes or lock-outs, the County will allow pro rata adjustment of monthly
payments up to the time such damage is repaired or other circumstances return to
normal.
14. CONCESSIONAIRE NOT TO REMOVE PROPERTY. Concessionaire shall not remove
from the concession any personal property brought thereon or any replacements thereto
by the Concessionaire for the purpose of this Agreement, except such items as may be
removed with the express written permission of the Director of Parks and Recreation.
Upon expiration of the term specified in Paragraph 1-A, if the Concessionaire has made
full payment under this Agreement and has fully complied with the terms of this
Agreement, he may remove his personal property including equipment from the
concession and shall do so within fifteen (15) days following the expiration of this
Agreement provided such personal property and equipment is removed without damage
to the premises. On Concessionaire's failure to do so, the County may cause same to be
removed and stored at the cost and expense of the Concessionaire, and the County shall
have a continuing lien thereon in the amount of the cost and expense of such removal
and storage until paid, and County may sell such personal property and reimburse itself
for such costs and expense, plus all expenses of the sale.
15. RECORDS, AUDIT. Concessionaire shall establish and maintain such records as now
exist and may hereafter be prescribed by the County in the future to provide evidence
that all terms of this Agreement have been and are being observed. The Concessionaire
grants to the County the right and authority to audit all records, documents, and books
pertaining to the concession operation. Such audit will be conducted at locations and at
a frequency determined by the County and communicated to the Concessionaire. The
Concessionaire agrees to provide materials for the audit to authorized representatives of
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the Office of Internal Audit of Collier County within three (3) business days after the
County's notice to do so is received by Concessionaire, all at no cost to the County.
Concessionaire shall use electronic point-of-sale electronic cash machines or other
electronic accounting control equipment for the proper control of cash payments. Cash
register tapes must be maintained and made available to the County upon demand during
the entire term of Agreement. All electronic cash control equipment and accounting
procedures shall be with the approval of the Collier County Finance Department. All sales
must be accompanied by a receipt to the customer.
16. COOPERATION. The Concessionaire agrees to cooperate with the County in the
conduct of surveys and to provide reports of visitor usage of all concession services. The
County shall provide Concessionaire with advance notice of any special event and shall
coordinate with the Concessionaire regarding same. County shall provide
Concessionaire with notice of the availability of plans for any remodeling of the facilities.
17. INSPECTION. The concession facilities and premises may be inspected at any time by
an authorized representative of the Director of Parks and Recreation, or by any other
agency having responsibility for inspections of such operations. Concessionaire shall
undertake immediately the correction of any deficiency cited by such inspectors.
18. WAIVER OF INTERFERENCE. The Concessionaire hereby waives all claims for
compensation for loss or damage sustained by reason of any interference with the
concession operation by any public agency or official in enforcing their duties or any laws
or ordinances. Any such interference shall not relieve the Concessionaire from any
obligation hereunder.
19. WAIVER OF LOSS FROM HAZARD. The Concessionaire hereby expressly waives all
rights, claims, and demands and forever releases and discharges the County from all
demands, claims, actions and causes of action arising from this Agreement, except
intentional torts.
20. NO LIENS. Concessionaire will not suffer or, through its actions or by anyone under its
control or supervision, cause to be filed upon the property any lien or encumbrance of
any kind. In the event any lien is filed, Concessionaire shall cause such lien to be
discharged within ten (10) days after written notice to do so from the County.
21. ORDERLY OPERATIONS, ETC. The Concessionaire shall have a neat and orderly
operation at all times and shall be solely responsible for necessary housekeeping on and
around the concession including the daily cleaning of the restroom facility. The County
will furnish the Concessionaire all materials necessary to clean and supply restrooms.
The Concessionaire shall clean restrooms (sweeping, mopping, cleaning sinks, toiled
bowls, urinals, restocking, and emptying trash containers) twice a day; once before 10:00
a.m. and second time by 2:00 p.m. Concessionaire shall make available all areas under
his control for examination at any time by the Parks and Recreation Director or his
authorized representative. Music played by the Concessionaire or their employees must
be approved by the Parks and Recreation project manager and must be "family friendly"
and non-secular in nature. There shall be no living quarters nor shall anyone be
permitted to live on the premises.
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22. EMPLOYEES, MANAGER. The Concessionaire shall employ people to work at this
facility who are neat, clean, well-groomed and courteous, and that have completed a ,,a„ ,,
background screening and have been cleared to work for Concessionaire.
Concessionaire shall assume cost of background screening for this/her employees.
Subject to the American with Disabilities Act, Concessionaire shall supply competent
employees, who are physically capable of performing their employment duties and the
County may require the Concessionaire to remove an employee it deems careless,
incompetent, insubordinate or otherwise objectionable and-whose continued employment
on Collier County property is not in the best interest of the County. All Concessionaire
employees shall wear shirts and shorts with the Concessionaire's logo or other identifying
marking. The Concessionaire shall have an experienced manager overseeing the
concession operations at all times when open for business.
23. HOURS OF OPERATION. During the terms of this Agreement, the concession operation
shall, at a minimum, be open and properly staffed seven (7) days per week from 7:00
a.m. through 5:00 p.m. Port of the Islands & Goodland Boat Park may close as early as
2:00PM. The Concessionaire may open at an earlier time and close at a later time, and
the schedule may be changed, subject to prior written approval by the Director of Parks
and Recreation Department or designee. All hours of operation shall be conspicuously
posted and easily read by park visitors.
24. USE OF THE FACILITIES IS PRIMARY. The Marinas are for the use of the public for
recreational and other public purposes and the public's right to such use shall not be
infringed upon by any activity of the Concessionaire. However, this does not preclude the
Concessionaire from scheduling promotional events, such as weddings, receptions, high
school graduation parties, etc., which might temporarily limit access to the event site,
subject to the prior written approval for each event, on a case-by-case basis by the
Director of Parks and Recreation or designee.
25. NO IMPROPER USE. The Concessionaire will not use, nor suffer or permit any person
to use in any manner whatsoever, the concession facilities for any improper, immoral or
offensive purpose, nor for any purpose in violation of any federal, state, or County law,
ordinance, rule, order or regulation, or of any applicable governmental rule or regulation
now in effect or hereafter enacted or adopted.
In the event of any violation of this Agreement by the Concessionaire, or if the County or
its authorized representative shall deem any conduct on the part of the Concessionaire to
be objectionable or improper, as noted on the Concession Inspection Report, the County
shall have . the right to suspend the operation of the concession should the
Concessionaire fail to promptly correct any such violation, conduct, or practice to the
satisfaction of the County. The Concessionaire shall not commence operation during
such suspension until the violation has been corrected to the reasonable satisfaction of
the County.
26. PRICES. The Concessionaire agrees that prices and fees charged for concession
merchandise and services will be competitive with those charged for similar merchandise
and service in the general vicinity of the park. All prices must be displayed and visible by
the Concessionaire's customers.
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27. NO DANGEROUS MATERIALS. The Concessionaire shall not use or permit in the
facilities the storage of illuminating oils, oil lamps, turpentine, benzine, naphtha, or other
similar substances, or explosives of any kind, or any substance or articles prohibited in
the standard policies of fire insurance companies doing business in the State of Florida.
28. DEFAULT AND TERMINATION. If the Concessionaire fails to comply with any of the
terms and conditions hereof and such default is not cured within fifteen (15) days after
written notice is given to the Concessionaire, or such longer period of time as may be
consented to by the County in writing and in its sole discretion, the County may cancel
this Agreement and revoke the privilege of the Concessionaire to come upon the
County's property for purposes for which the concession was granted and may oust and
remove all parties who may be present, or may occupy any part of the premises for the
purpose of exercising any rights so revoked.
The Agreement may be terminated by the County immediately due to any material
breach of this Agreement, including, but not limited to, failure of the Concessionaire to
maintain the approved hours of operation or failure of the Concessionaire to provide a
receipt to each customer for every transaction. The County shall be sole judge of non-
performance. Further the County may terminate this Agreement for its convenience by
giving the Concessionaire not less than a sixty (60) day written notice of such intent.
During the notification period, both parties agree to meet its respective contractual
obligations in good faith.
In the event of any violation of this Agreement by the Concessionaire, or if the Contract
Manager shall deem any conduct on the part of the Concessionaire to be objectionable or
improper, as noted on the Concession Inspection Report, the County shall have the right
to suspend the operation of the concession should the Concessionaire fail to promptly
correct any such violation, conduct, or practice to the satisfaction of the Contract
Manager. The Concessionaire shall not commence operation during such suspension
until the violation has been corrected to the reasonable satisfaction of the Director or
Contract Manager.
29. NO DISCRIMINATION. There shall be no discrimination as to race, gender, color, creed
or national origin in the operations referred to by this Concession Agreement; and further,
there shall be no discrimination regarding any use, service, maintenance, or operation of
the premises. All facilities located on the premises shall be made available to the public,
subject to the right of the Concessionaire to establish and enforce rules and regulations to
provide for the safety, orderly operation and security of the facilities.
30. COUNTY CONTROL OF MARINA OPERATIONS CONCESSION. Nothing in this
Agreement will preclude the County from using the public areas of Caxambas Boat Park;
Cocohatchee River Marina; Port of the Islands Marina or Goodland Boat Park; for public
and/or civic purposes. In the event of occurrences previously mentioned, the
Concessionaire will be notified, as deemed necessary by the Director of Parks and
Recreation or designee.
11. FLORIDA LAW. This Agreement shall be governed by and construed in accordance with
the Law of the State of Florida.
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32. VEHICLES IN PARK. Vehicles are allowed in the areas only where roadways are
provided. Vehicles shall park only in areas designated by the County for vehicle parking.
Any vehicles that are to be used in the marina must have prior written approval of the
Collier County Environmental Services Department and the Parks and Recreation
Director or designee or any other appropriate agency.
33. STORAGE. Concessionaire shall obtain approval for any storage of equipment on the
beach from the appropriate permitting agencies. No overnight storage of any kind shall
take place on the beach unless approved in writing by the Parks and Recreation Director
or designee, and is contingent upon approval of the appropriate permitting agency.
34. STORM WARNING. Upon declaration of a hurricane projecting an imminent strike, or the
implementation of evacuation procedures from Collier County, Concessionaire shall meet
with the Parks and Recreation Director or designee for the formulation of plans for the
removal of all perishable goods and to ensure the concession site has been properly
secured for hurricane approach.
35. CONTAINERS. The sale of items in glass containers is not permitted. The use of straws
and plastic bags is also prohibited. The County has a recycle program in place and the
Concessionaire will make every effort to comply with that program with respect to the
disposal of containers.
36. SIGNAGE. The Concessionaire shall provide, at his sole expense, required signs at all
public approaches to the-Concession. All signage, advertising and posting shall be as
approved by the Director of the Parks and Recreation Department. Signs that will be
used for advertising purposes shall be constructed and maintained to County standards
as defined by the Code Compliance Department. The use of the Collier County Logo is
prohibited.
37. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Concessionaire
shall indemnify and hold harmless Collier County, its officers and employees from any and
all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys'
fees and paralegals' fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the Concessionaire or anyone employed or utilized by the
Concessionaire in the performance of this Agreement. This indemnification obligation shall
not be construed to negate, abridge or reduce any other rights or remedies which
otherwise may be available to an indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
38. INSURANCE. Before commencing work of any kind, the Concessionaire shall procure
the following insurance with insurance companies licensed in the State of Florida, and
provide Certificates of Insurance to be attached to this Agreement.
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000
Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include Premises and Operations; Independent
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contractors; Products and Completed Operation; Contractual Liability, and
Participants
B. Automobile Liability: $1,000,000 Each Occurrence, Bodily Injury & Property
Damage, Owned/Non-Owned/Hired, Automobile Included
C. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with all their applicable state and federal laws.
Special Requirements: Collier County shall be listed as the Certificate Holder and
included as an Additional Insured on the Comprehensive General Liability Policy.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Concessionaire during the duration of this Agreement. Renewal
certificates shall be sent to the County at least ten (10) days prior to any expiration date.
There shall be a thirty (30) day notification to the County in the event of cancellation or
modification of any required insurance coverage.
Concessionaire shall insure that all of its subcontractors comply with the same insurance
requirements that Concessionaire is required to meet.
39. THIS AGREEMENT shall be administered on behalf of the County by the Parks and
Recreation Department. As used herein, the word "County" shall refer to the Director
of Parks and Recreation or designee unless the context renders such construction
illogical.
40. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: All Insurance Certificate(s), Exhibits, RFP No. 12-5914R, and proposer's
proposal. In the event that any Terms and Conditions of the Request for Proposal
are perceived or found to be in conflict with this Agreement, the Agreement shall take
precedence.
41. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual
shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other
item of value to any County employee, as set forth in Chapter 112, Part Ill, Florida
Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative
Procedure 5311. Violation of this provision may result in one or more of the following
consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from
contact with County staff for a specified period of time; b. Prohibition by the individual
and/or firm from doing business with the County for a specified period of time, including
but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of
any contract held by the individual and/or firm for cause.
42. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the
Concessionaire is formally acknowledging without exception or stipulation that it is fully
responsible for complying with the provisions of the Immigration Reform and Control Act
of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either
may be amended. Failure by the Concessionaire to comply with the laws referenced
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herein shall constitute a breach of this agreement and the County shall have the
discretion to unilaterally terminate this agreement immediately.
43. VENUE: Any suit or action brought by either party to this Agreement against the other " ,
party relating to or arising out of this Agreement must be brought in the appropriate
federal or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
44. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County
encourages and agrees to the successful Concessionaire extending the pricing, terms
and conditions of this solicitation or resultant contract to other governmental entities at the
discretion of the successful Concessionaire.
45. ADDITIONAL ITEMS/SERVICES: Additional items and/or services may be added to this
contract in accordance with the Purchasing Policy and Administrative Procedures.
*******************************Remainder of page intentionally left blank****************************
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IN WITNESS WHEREOF, the Concessionaire and the County, have each, respectively, by
an authorized person or agent, hereunder set their hands and seals on the date and year first
above written.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ATTEST:
DWIGHT E. BROCK, CLERK OF COURTS
By: By:
Deputy Clerk Georgia A. Hiller, Esq.
Chairwoman
Paradise Property Management, Inc.
Concessionaire
By:
First Witness Signature
Typed/print witness name
Typed/printed name
Second Witness
Typed/print witness name
Approved as to form and
legal sufficiency:
Assistant County Attorney
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[Effective Date: August 1, 1999 (Revised: October 1, 2001; Revised: October 1, 2003; Revised
December 6,2005;Revised June 2,2006);Revised September 10,2010]
§5312-1.Purpose.
The purpose of this Instruction is to provide for procedures and implementation of the Drug-Free
Workplace policy as authorized by the County Manager. •
§5312-2. Concept.
The Board of County Commissioners has a vital interest in maintaining a safe, healthy, and efficient
working environment.Being under the influence of a drug or alcohol on the job or the use,sale,purchase,
transfer, or possession of an illegal drug or alcohol in the workplace poses unacceptable risks for safe,
healthy, and efficient operations to the user and to all those who work with the user. Collier County is
obligated to the public and its employees to provide services that are free of the influence of illegal drugs
and alcohol and will endeavor through this policy to provide drug-and alcohol-free services.
A. Employees will be informed of the dangers of alcohol and/or drug use in the workplace during
New Hire Orientation within the first month of employment.
B. The County intends, through this policy, to comply with federal and state rules, regulations or
laws that relate to the maintenance of a workplace free from illegal drugs and alcohol.
C. It is also County policy to comply with the Omnibus Transportation Employee Testing Act of
1991 and§440.102 and 112.0455,Fla Stat;Drug-Free Workplace Act.
ositok
§5312-3.Definitions.
Confirmation Test, Confirmed Test or Confirmed Drug Test is a second analytical procedure used to
identify the presence of a specific drug or metabolite in a specimen, which test must be different in
scientific principle from that of the initial test procedure and must be capable of providing requisite
specificity,sensitivity, and quantitative accuracy.
Controlled Substance is a controlled substance as defined in Schedules I through V of§ 893.03, Fla
Stat.
Conviction is a finding of guilt(including a plea of no contest) or imposition of sentence or both,by any
judicial body charged with the responsibility to determine violations of the federal or state criminal drug
statutes.
Criminal Drug Statute is a criminal statute involving the illegal manufacture, distribution,dispensation,
use or possession of any controlled substance
Drug includes alcohol, including a distilled spirit, wine, a malt beverage, or an intoxicating liquor; an
amphetamine; a cannabinoid; cocaine; phencyclidine (PCP); a hallucinogen; methaqualone; an opiate; a
barbiturate; a benzodiazepine; a synthetic narcotic; a designer drug; or a metabolite of any of the
substances listed in this subsection.An employer may test an individual for any or all of such drugs.
Drug Test or Test includes any chemical, biological, or physical instrumental analysis administered by a
laboratory certified by the United States Department of Health and Human Services or licensed by the
Afolitts
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Agency for Health Care Administration, for the purpose of determining the presence or absence of a drug
or its metabolites.
Employee is any person who marks for salary,wages,or other remuneration for the County.
Employee Assistance Program (EAP) is an established program capable of providing expert assessment
of employee personal concerns; confidential and timely identification services with regard to employee
drug abuse; referrals of employees for appropriate diagnosis, treatment, and assistance; and follow-up
services for employees who participate in the program or require monitoring after returning to work. If,in
addition to the above activities, an employee assistance program provides diagnostic and treatment
services, these services shall in all cases be provided by service providers pursuant to § 397.311(28),Fla
Stat.
Employer is a person or entity that employs a person and that is covered by the Workers' Compensation
Law.
Initial Drug Test is a sensitive, rapid, and reliable procedure to identify negative and presumptive
positive specimens, using an immunoassay procedure or an equivalent, or a more accurate scientifically
accepted method approved by the United States Food and Drug Administration or the Agency for Health
Care Administration as such more accurate technology becomes available to be more cost-effective.
Job Applicant is an external applicant who has applied for a position with the County and has been
offered employment conditioned upon successfully passing a drug test.
Medical Review Officer (MRO) is a licensed physician, employed by or contracted with an employer,
who has knowledge of substance abuse disorders, laboratory testing procedures, and chain of custody
collection procedures; who verifies positive, confirmed test results; and who has the necessary medical
training to interpret and evaluate an employee's or job applicant's positive test result in relation to the
employee's or job applicant's medical history or any other relevant biomedical information.
Prescription or Non-Prescription Medication is a drug or medication obtained pursuant to a
prescription as defined by Section 893.02 or a medication that is authorized pursuant to federal or state
law for general distribution and use without a prescription in the treatment of human diseases, ailments,or
injuries.
Public Employer is any agency within state, County, or municipal government that employs individuals
for a salary,wages,or other remuneration.
Reasonable-Suspicion Drug Testing. § 440.102(n), Fla. Stat. defines reasonable suspicion drug testing
based on a belief that an employee is using or has used drugs in violation of the employer's policy drawn
from specific objective and articulable facts and reasonable inferences drawn from those facts in light of
experience.Among other things,such facts and inferences may be based upon:
(a) Observable phenomena while at work, such as direct observation of drug use or of the
physical symptoms or manifestations of being under the influence of a drug.
(b) Abnormal conduct or erratic behavior while at work or a significant deterioration in work
performance.
(c) A report of drug use,provided by a reliable and credible source.
(d) Evidence that an individual has tampered with a drug test during his or her employment
with the current employer.
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(e) Information that an employee has caused, contributed to, or been involved in an accident
while at work.
(f) Evidence that an employee has used, possessed, sold, solicited, or transferred drugs while
working or while on the employer's premises or while operating the employer's vehicle,
machinery, or equipment.
Safety-Sensitive Position. With respect to a public employer, a position in which a drug impairment
constitutes an immediate and direct threat to public health or safety, such as a position that requires the
employee to carry a firearm, perform life-threatening procedures, work with confidential information or
documents pertaining to criminal investigations,or work with controlled substances; a position subject to
§ 110.1127, Fla. Stat.; or a position in which a momentary lapse in attention could result in injury or
death to another person.
Specimen is tissue, hair, or a product of the human body capable of revealing the presence of drugs or
their metabolites, as approved by the United States Food and Drug Administration or the Agency for
Health Care Administration.
Test Identification Form is the required form used to ensure that all documentation is accurate, the
proper type of test is provided and to ensure chain of custody accuracy, a test identification form has been
provided and is required to be used for all test types.
§ 5312-4.Policy.
The County and its employees must make every effort to maintain the highest standards of safety,quality,
and reliability.In order to achieve these desired standards,the County prohibits possession of alcohol
and/or illegal drugs in County vehicles,illegal drugs from being brought on the County premises,the use
of alcohol and/or illegal drugs during the workday,the unlawful manufacture,distribution,dispensation
or use of alcohol or controlled substances in the workplace,and further prohibits Collier County
employees from working while impaired or under the influence of legal or illegal drugs,alcohol,and
other substances.
A. As a condition of employment,all employees are required to abide by the terms of this policy and
to notify County management of any criminal drug statute or any conviction for a violation
occurring in the workplace no later than five days after such conviction.
B. To maintain a safe and healthy work environment and to ensure compliance with state and federal
laws, County authorizes, at its expense, drug testing under the circumstances and conditions
defined within this Instruction.
C. Employees found to be under the influence of alcohol or controlled substances or refusing to be
tested when an accident or injury occurs may forfeit their eligibility for medical and indemnity
benefits through the County's Workers' Compensation Benefits and may be subject to
disciplinary action up to and including termination.
D. Employees who violate any of the alcohol or controlled substance use prohibitions shall be
removed immediately from performing the duties of their positions.
E. When the use of alcohol or controlled substances by an employee is confirmed through an
authorized test, disciplinary action shall be in accordance with the Human Resources
Administrative Procedures. Under no circumstance will the employee be allowed to return to any
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safety sensitive position and/or task until a return to work test has been conducted and test results
obtained.
§5312-5.Testing.
The conditions and circumstances for conducting drug testing are defined below. Refusal to submit to an
alcohol or drug test/analysis when requested by the County,or law enforcement personnel, in accordance
with state and federal law or County policy,may constitute insubordination,be grounds for disciplinary
action up to and including dismissal,or(in the case of an external applicant)is cause to retract a
conditional offer of employment.Failure to provide adequate breath or urine(within a reasonable time)
for testing without a valid medical explanation by a medical doctor,failure to sign the alcohol breath
testing certification form and/or initial the logbook entry for the screening and/or confirmation test or
refusal to take the test constitute a refusal to submit.
Risk Management is responsible for developing and implementing procedures for communication of this
policy,off-site testing,chain of custody,types of drugs to be tested for,confirmation and medical and
administrative review of positive test results,confidentiality and other activities associated with
administering the applicant testing program in accordance with§440.102,Fla. Stat.
The Environmental Health and Safety(EHS)Manager will receive the test results and will coordinate
with the Human Resources Generalist assigned to the division in which the employee works to provide a
status report on the employee being able to return to work. The HR Generalist will serve as the point of
contact to coordinate communication with the employee and on the status of the employee to the
department supervisor/manager/director. All drug test results are considered confidential and are exempt
from the provisions of§ 119.07(1),Fla. Stat. and§24(a),Art. 1,of the State Constitution.
A. Post Offer Drug Testing(pre-employment): The Risk Management Department through its
Occupational Health Nurse will perform and/or coordinate all post offer applicant drug screening
and/or testing and communicate the results of such testing to Human Resources personnel.
Applicants will be notified of the County's Drug Free Workplace procedure including the types of
testing to which an applicant may be required to submit and the actions the County may take
against a job applicant on the basis of a positive confirmed drug test result. All external job
applicants will be tested for controlled substance use prior to final consideration for hire.
1) External job applicants for vacant County positions will be tested for illegal drugs prior to
an offer of employment being finalized.Drug testing will only be administered to those
applicants who have been made a conditional job offer pending the successful completion
of the medical examination and/or other background investigations(references,criminal,
and driver's license).
2) For positions requiring the applicant or employee to hold a Commercial Driver's License
(CDL),the Department of Transportation(DOT)requires the County to obtain drug and
alcohol testing history from any employer for whom an external job applicant or current
employee has worked for the previous three year period. Candidates or employees will
complete the DOT release form authorizing the County to obtain these records.
B. Post Accident Testing: The Risk Management Department will coordinate and schedule all post
accident drug testing through its EHS Manager or designee.
1) Any employee who has caused or contributed to an accident while at work, if there is
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reasonable suspicion in accordance with§ 440.102,Fla. Stat., may be required to submit
to a post accident drug test as a condition of continued employment. Employees involved
in work related accidents that fall under the definition of immediately dangerous to life or
health (IDLH), as defined within CMA 5902, may be required to take a drug test. The
following specific job tasks where the occurrence of an injury may require drug and
alcohol testing following an accident include,but are not limited to:
i. Confined space.
ii. Lockoutltagout or any electrical(Hazardous Energy)related incident.
iii. Respiratory(failure to wear)(inadequate).
iv. Maintenance of traffic.
v. Welding and hot work.
vi. Chemical process or use of hazardous chemicals.
vii. Machine safe guarding.
viii. Failure to wear personal protective equipment(including seatbelt).
ix. Heavy equipment, to include but not limited to forklifts, front end loaders, track
hoes, rollers, backhoes, graders or any other equipment not covered under CDL
testing requirements.
x. Excavation/trenching.
xi. Fall protection.
2) Vehicular accident(non-CDL):An employee who is operating a County vehicle involved
-in an accident that results in the loss of life or where Risk Management,department
safety coordinators and/or supervisory staff have determined the cause of the accident to
be classified as an immediately dangerous or IDLH incident shall submit to an alcohol
and controlled substance test within two hours following the accident.
3) Vehicular Accident (CDL): A CDL employee who is operating a CDL required vehicle
and is involved in a vehicular accident will be tested for alcohol and controlled
substances following the Omnibus Transportation employee Testing Act of 1991 and in
compliance with § 440.102, Fla. Stat. When reporting the accident, the employee is
required to report whether the accident resulted in the loss of life or a moving violation. It
is then the responsibility of the immediate supervisor and/or appropriate department
representative in conjunction with the Risk Management Department to arrange testing.
4) Employees who are subject to post-accident testing will remain readily available for the
test or may be deemed to have refused the tests.Employees are not prohibited from
leaving the scene of the accident for the period of time necessary to obtain assistance in
responding to the accident or to obtain necessary emergency medical care.
5) Employees required to submit to a post-accident alcohol or controlled substance test will
not use alcohol or a controlled substance for eight hours following the accident or until
the test is successfully completed,whichever occurs first.
6) Supervisors of employees involved in work related accidents will contact Risk
Management for assistance in determining if the incident is immediately dangerous or
IDLH classified.
7) The Test Identification Form will be used to ensure that all documentation is accurate,the
proper type of test is provided, and to ensure chain of custody accuracy.
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8) If an employee who caused or contributed to an accident cannot submit to a post accident
drug/alcohol test less than two hours following the accident due to hospitalization, Risk
Management and/or Human Resources shall contact the medical establishment(hospital,
emergency room, etc) and ask that an appropriate test be conducted as soon as practical
after emergency treatment has been provided.
9) If the post accident testing is not administered within two hours following the accident,
the County shall document the reasons the tests were not administered within that time
and attempt to have the tests conducted. If the alcohol test is not administered within
eight hours following the accident or the controlled substance test is not administered
within 32 hours following the accident, no such tests shall be conducted. The County
shall document the reasons the tests were not conducted within the required time frame.
C. Reasonable Suspicion Testing: The Risk Management Department administers the Reasonable
Suspicion Testing Program. Testing may be required where there is reasonable suspicion that an
employee possesses or uses alcohol, controlled substances or illegal drugs or is under the
influence of alcohol,controlled substances or illegal drugs while on duty.
Supervisors will monitor employees for alcohol, controlled substance or illegal drug use. When a
supervisor, Department Safety Coordinator, EHS Specialist, or EHS Manager has reasonable
suspicion, drawn from specific objective and describable facts, that an employee is under the
influence of alcohol, a controlled substance or illegal drugs, the Supervisor, Department Safety
Coordinator,EHS Specialist or EHS Manager will notify the Risk Management Department.
Any such reasonable suspicion testing shall be conducted in accordance with § 440.102, Fla.
Stat., and any further action by the County based upon the results of such testing shall be in
accordance with that statute. When a supervisor, Department Safety Coordinator,EHS Specialist
and/or EHS Manager observes or receives a complaint regarding another employee's activity that
may constitute reasonable suspicion,the following procedures apply:
1) Unless initiated by the EHS Specialist or EHS Manager, the Supervisor or Department
Safety Coordinator of the suspected employee must contact the Risk Management
Department and the assigned HR Generalist. If outside of normal working hours, the
Supervisor will immediately transport the employee to the approved testing facility and
notify the Risk Management Department upon return to normal working hours. The
Supervisor of the department, Department Safety Coordinator, EHS Specialist and/or
EHS Manager shall make the determination of whether an alcohol and drug test should be
administered for a reasonable suspicion case based on the investigation and initial
observations. The employee will be required to submit to both breath alcohol testing and
urine drug testing.
2) The Reasonable Suspicion Testing Report must be completed by the Supervisor,
Department Safety Coordinator, EHS Specialist and/or EHS Manager who made the
determination of reasonable suspicion during the observation. If possible, another
Supervisor, Department Safety Coordinator,EHS Specialist and/or EHS Manager should
be present and complete their own Reasonable Suspicion Testing Report without
discussing the indicators, if any, with the employee's immediate supervisor or the initial
observer. This report shall detail the circumstances that form the basis of the
determination that reasonable suspicion existed to warrant testing. Such report shall be
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forwarded to the Department Director, EHS Manager and Human Resources Director and
shall be kept confidential.
3) The Supervisor of the suspected employee will inform the employee of the suspicion of
influence of alcohol, a controlled substance and/or illegal drugs. Another Supervisor,
Department Safety Coordinator, EHS Specialist and/or EHS Manager or member of
management should be present whenever possible.
4) Upon notification from the Supervisor, Department Safety Coordinator, EHS Specialist
and/or EHS Manager suspected employees will immediately cease the performance of
their duties and will not be allowed to leave the work site in their county or personal
vehicle. A County supervisor will transport the employee to the testing facility and, after
the appropriate testing has been completed, to the employee's place of residence. The
employee will be placed on administrative leave pending the alcohol and/or drug test
results.
5) The Test Identification Form (along with the Reasonable Suspicion Testing Form) shall
be used to ensure that all documentation is accurate, the proper type of test is provided
and to ensure chain of custody accuracy.
D. Random Testing for CDL Operators: The Risk Management Department through its EHS
Manager or designee will administer the CDL Random Testing Process as described in this
policy.
1) On an annual basis, a minimum of 25% of the average number of employees in CDL
required positions in the County will be administered random alcohol tests. Likewise, a
minimum of 50% of the average number of employees in CDL required positions in the
County shall be administered random controlled substances testing. The selection of
drivers for the random testing shall be made using a computer-based program that will
randomly select CDL drivers from the County's CDL required employee list. Under this
selection process each employee will have an equal chance of being tested each time a
random selection is made.
2) The random alcohol and controlled substances tests are unannounced and the dates and
times of the testing will be spread reasonably throughout the year, occurring at least once
per quarter. There shall be a sufficient number of these tests to meet the minimum
number of tests required under the law.
3) The EHS Manager will provide a list of current CDL operators to the County's outside
testing agency for random selection in accordance with this policy.
4) The EHS Manager serves as the contact person to be notified that a specific CDL
operator has been chosen for a random CDL alcohol and drug test. Each affected
department will also have an internal contact person to assist Risk Management in
ensuring selected employees are properly tested. The contact person is responsible for
seeing that the employee is immediately relieved of any job tasks and immediately
transports the employee to the test site to complete their testing.
5) To ensure that adequate business continuity is maintained, Risk Management will make
every attempt to provide the list of randomly selected employees to the departments
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within 3-5 day of the test date. This will allow department management to adequately
arrange work schedules accordingly. Under no circumstances shall any department
notify the employees who are to be tested prior to their transport to the testing facility on
the day of the test.
6) The Test identification form shall be used to ensure that all documentation is accurate,
the proper type of test is provided and to ensure chain of custody accuracy.
E. Fitness-For-Duty Testing: Employees may be required to undergo an employee fitness-for-duty
medical examination, which may include drug testing. An employee's refusal to undergo a
fitness-for-duty medical examination or submit to a drug test is considered cause for disciplinary
action up to and including dismissal. Any action by the County based upon results of drug tests
conducted as part of an employee fitness-for-duty medical examination shall be in accordance
with§440.102,Fla. Stat.
F. Follow-Up Testing: Follow-up testing will be conducted prior to employees return to work
following a positive test result.
§5312-6.Safety Sensitive Positions.
Since all safety sensitive job tasks cannot be listed within this document, it is the responsibility of the
immediate supervisor and/or other department management along with the department safety coordinator
and EHS Manager's to determine if the tasks to be performed are safety sensitive by nature.Any position
requiring an employee to obtain and maintain a CDL License is considered safety sensitive.
A. No employee in a position identified as safety sensitive shall report for duty or remain on duty
while using any controlled substances unless such substances are used in accordance with the
prescription of a medical doctor who has advised, based on a review of the employee's job
description, that the substance will not adversely affect the employee's ability to safely perform
his/her job. Employees shall be required to provide written documentation to his/her Supervisor
before reporting for duty. The failure of an employee in a position identified as safety sensitive to
notify his/her Supervisor prior to beginning work may result in disciplinary action up to and
including termination.
B. Some Divisions/Departments may wish to implement random testing for employees who could be
classified within a safety sensitive position. This type of testing is not required by state or federal
law but may be authorized by Risk Management. Those divisions/departments wishing to
participate in this program will follow the guidelines set forth for random testing for CDL
operators.
§5312-7.Medical Review Officer.
Collier County contracts with a Medical Review Officer(MRO), who is responsible for interpreting and
evaluating an employee's test result.
A. If the initial test is positive,the MRO will contact the employee or applicant directly by telephone
to discuss the possible use of prescription or non-prescription medications. An employee or
applicant who receives a positive confirmed test result may contest or explain the result to the
MRO within five working days after receiving written notification of the test result. If the
employee's or applicant's explanation or challenge is unsatisfactory or where the employee fails to
speak to the MRO, does not return MRO messages, or if the MRO is unsuccessful in contacting
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the employee or applicant at the number provided, the MRO shall report a positive test result
back to the County.
B. If the MRO informs the County that a positive drug test was diluted,Collier County Government
will treat the test as a verified positive test. The County will not direct the employee to take
another test based on the fact that the specimen was diluted.
§5312-8.Positive Results.
Upon determination of a positive test for alcohol and/or a controlled substance,regardless of the levels:
A. The employee must be removed from any and all work tasks for a minimum of 24 hours. The
employee may not perform any safety sensitive duties,including, but not limited to:
I) Driving any vehicle or equipment where he/she could potentially injure him/herself or
others.
2) Operating any dangerous equipment such as chain saws,riding mowers,etc.
3) Performing any flagging or other work zone activities where he/she could create a greater
hazard to him/herself,other employees,the public and/or cause property damage.
4) Conducting any operations such as lockout/tagout,confined space or respiratory
protection required activities.
B. The employee must participate in a substance abuse program and in accordance with the
Substance Abuse Professional's(SAP)direction.
C. The employee must submit to required follow-up tests prior to returning to work in any safety-
sensitive position.
D. Employees may be subject to disciplinary action,up to and including termination of employment.
E. CDL employees must comply with all State and Federal Laws applicable to maintaining a CDL.
Where there is a conflict between laws,the most restrictive law shall apply.
F. The employee or applicant may contest the drug test result pursuant to law.
§5312-9. Return to Work.
Employees will be subject to follow-up testing after a positive test result prior to returning to their regular
duties. Follow-up testing will be scheduled during the employee's regularly scheduled work hours and
results must be obtained prior to the employee being allowed to return to any safety-sensitive position or
prior to being allowed to perform any safety-sensitive job tasks. The EHS Manager will coordinate with
the HR Generalist assigned to the division in which the employee works to schedule testing and any
follow-up required of the employee by the Substance Abuse Professional (SAP). Personnel may be
required to participate in a substance abuse program upon determination of a positive test.
A. Employees in need of assistance in resolving problems associated with alcohol and/or controlled
substances use/abuse shall be subject to unannounced follow-up testing as directed by the
County's SAP, the Human Resource Department and/or Risk Management Department and in
accordance with Section 440.102,Florida Statutes.
B. Upon confirmation of a "negative" test result, following the return to work (follow-up) test, the
Ask
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employee may return to any safety-sensitive duties as long as there are no conflicts with the
substance abuse program and/or the SAPs recommendations. As an exception, CDL Operators
shall complete all requirements as specified via the SAP prior to returning to any CDL required
duties.
C. The County is committed to providing reasonable accommodation (including rehabilitation) to
those employees whose alcohol or drug problem classifies them as disabled under Federal law,
and providing they are not under the influence of drugs or alcohol while on the job.Accordingly,
an Employee Assistance Program is available for those employees who voluntarily seek help for
alcohol and/or drug problems. Employees may contact their Supervisor or the Human Resources
Department for additional information. Depending upon the circumstances, the County may
require participation in the Employee Assistance Program as a condition of continued
employment.
1) The SAP shall develop the county's follow-up testing plan for the employee in
conjunction with County personnel. This plan shall outline the number and frequency of
follow up tests. Additionally, there may be a minimum of 6 follow-up tests conducted
within the first 12 months after the employee returns to safety-sensitive duties. The SAP
may require additional testing for 48 months after the first 12 months of return to a
safety-sensitive position
2) Outpatient Rehabilitation programs shall be attended on the employee's time and
scheduled outside of work hours; where this is not possible time will be charged against
an employee's accrued leave time. In instances where Inpatient Services are required,an
employee may request time under FMLA or other applicable leave of absence.
§ 5312-10.Currency.
The Human Resources and Risk Management Departments are responsible for maintaining the currency
of this Instruction.
§5312-11.Reference.
Collier County Personnel Ordinance, Ordinance No. 2001-50: Drug Free Workplace: It is the Board of
Collier County Commissioners' policy to prohibit the unlawful manufacture, distribution, dispensation,
possession or use of a controlled substance in the work place. This policy is consistent with§ 112.0455,
Fla. Stat. Additionally, it is the Board of Collier County Commissioners' policy to comply with the
Omnibus Transportation Employee Testing Act of 1991.
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Port of the islands
The Port of the Islands Marina, located on scenic highway US 41, 20 miles from downtown
Naples, Florida and a mere 15 minutes from Marco Island and Everglades City, provides
boaters with direct access to the Gulf of Mexico and the famed Ten Thousand Islands.
• Bait Tanks: two (2) salt water bait tanks for live bait sales.
• Boat Dry Storage; There are 38 dry storage boat and trailer spaces.
• Fees:
o Minimum monthly fee $2.5% of gross income
o There is an $8.00 motorized vessel and $4.00 non-motorized vessel launch fee
per Collier County Board of County Commissioners Adopted Fee Policy. The
proposer shall keep an accurate accounting of this fee. The proposer shall retain
this fee.
o The Park sells both commercial (100.00) and recreational (75.00) annual launch
permits to the boating public.
o The Park sells non-resident (50.00) beach parking permits and issues free
resident beach parking permits.
o Solar Powered Parkeon Fee Meter: is located at the boat ramp area for users
without a commercial and/or recreational Collier County Parks and Recreation
issued boat launch permit to pay the required and approved launch fee ($8.00 or
$4.00). (this will purchased 10/1/12 and installed 10/30/12
• Fish Cleaning Station: is located near the boat ramp and is equipped with running water
and a disposal station for fish entrails.
• Fuel: 3,000 gallons Diesel and 7,000 gallons Ethanol-free fuel.
• Hours of Operation: The Ship-store is currently open 7 days a week/365 days a year
from 7 am to 2 pm. The Marina and boat ramp are currently open 7 days a week/365
days a year from 7 am to dusk.
• Parking: There are 24 boat trailer parking spaces, 6 ship store parking, and 11 public
park car parking spaces.
• Ramp: There is a one/two lane boat ramp.
• Ship-Store/Restrooms/Office/Storage/Meeting Facility: A 2,800 square foot ship store
and office provides retail sales including tackle, charts, t-shirts, caps, fuel additives, live
and frozen bait, ice, drinks, lottery, and snacks; restroom facilities; manatee education
kiosk required by FWC permit; storage room; and adjacent meeting facility.
Packet Page-901-
1/8/2013 Item 11 .E.
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Packet Page-902-
1/8/2013 Item 11 .E.
Goodland Boat Park
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The Goodland Boat Park(Marina), located on the historic island of Goodland, Florida provides
direct access to the Ten Thousand Islands, the celebrated backwaters of the Everglades.
• Bait Tanks: there are 6 salt water bait tanks for live bait.
• Boat Slips: There are 22 wet slips equipped with water and power. One slip is made
available to local law enforcement. There is also 1 floating dock that is ADA accessible.
• Fees:
o Minimum monthly fee $2.5% of gross income
o The Park sells both commercial (100.00) and recreational (75.00) annual launch
permits to the boating public.
o There is an $8.00 motorized vessel and $4.00 non-motorized vessel launch fee
per Collier County Board of County Commissioners Adopted Fee Policy. The
proposer shall keep an accurate accounting of this fee. The proposer shall retain
this fee.
• Solar Powered Parkeon Fee Meter: is located at the boat ramp area for
users without a commercial and/or recreational Collier County Parks and
Recreation issued boat launch permit to pay the required and approved
launch fee ($8.00 or $4.00).
• Fish Cleaning Station: is located near the boat ramp and is equipped with running water
and a disposal station for fish entrails.
• Fishing and Observation Platforms: are located on the dock.
• Hours of Operation: The Ship-store is currently open 7 days a week/365 days a year
from 7 am to 2 pm. The Marina and boat ramp are currently open 7 days a week/365
days a year from 7 am to dusk.
o The Marina is equipped with an automatic gate at the land-side entrance to the
park. The gate is timed to open at 6:30 am and to close at dusk. If you are in the
Marina after operating hours you are able to leave the park but you are not to
enter; the gate does not permit re-entry after hours.
• Parking: There are 75 boat trailer parking spaces and 16 car parking spaces.
• Picnic Pavilion: a covered picnic pavilion with electrical outlets and 4 picnic tables is
located adjacent to the Ship-Store facility. An in-ground b-b-q is available adjacent to
the pavilion.
• Ramp: one/two lane boat ramp.
• Ship-Store/Restrooms/Office/Storaqe/Meeting Facility: A 1,725 square foot building
reminiscent of traditional "Cracker" Florida architecture with a wrap-around porch,
provides limited retail sales including tackle, charts, t-shirts, caps, fuel additives, live and
frozen bait, ice, drinks, and snacks; a dock-master office; storage room; and adjacent
meeting facility.
o Restroom Facilities: located on the outside of the building. Doors open
automatically at 7 am and close at dusk 7 days a week/365 days a year.
• Special Events: Collier County Parks and Recreation, per a Limited Use Agreement
approved by the Board of County Commissioners, provides space at the Marina for a
Packet Page-903-
1/8/2013 Item 11.E.
minimum of three (3) annual at a maximum two-day special events that do infringe on the
MOA.
o The Goodland Boat Parade: March annually.
o The Goodland Birthday Party: March annually.
o The Goodland Christmas Bazaar: December annually.
In addition, a number of fishing tournaments are held each year by local/regional
organizations that will utilize the boat ramp and make purchases from the Ship-Store.
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Packet Page-904-
1/8/2013 Item 11 .E.
Cocohatchee
The Cocohatchee River Park Marina, located in North Naples, provides boaters and fisherman
with direct access to the Gulf of Mexico through Wiggins Pass.
• Bait Tanks: there are 2 salt water bait tank for live bait sales.
• Fees:
o Minimum monthly fee $2.5% of gross income
o The Park sells both commercial (100.00) and recreational (75.00) boat launch
permits to the boating public.
o The Parks sells non-resident (50.00) and issues free resident beach parking
permits.
o There is an $8.00 motorized vessel and $4.00 non-motorized vessel launch fee
per Collier County Board of County Commissioners Adopted Fee Policy. The
proposer shall keep an accurate accounting of this fee. The proposer shall retain
this fee.
• Solar Powered Parkeon Fee Meter: is located at the boat ramp area for
users without a commercial and/or recreational Collier County Parks and
Recreation issued boat launch permit to pay the required and approved
launch fee ($8.00 or$4.00).
• Fish Cleaning Station: is located near the boat ramp and is equipped with running water
and a disposal station for fish entrails.
• Fuel: 3,000 gallon Diesel and 9,000 gallon Non-ethanol fuel tanks.
• Hours of Operation: The Ship-store is currently open 7 days a week/365 days a year
from 7 am to 3 pm. The Marina and boat ramp are currently open 7 days a week/365
days a year from 7 am to dusk.
• Parking: There are 58 boat trailer parking spaces and 28 park car parking spaces.
• Ramp: One/two lane launch ramp.
• Ship-Store/Restrooms/Office/Storage: A 1,060 square foot ship store and office
provides retail sales including tackle, charts, t-shirts, caps, fuel additives, live and frozen
bait, ice, drinks, and snacks; restroom facilities are located at the Coast Guard Station
• Wet Slips: 28 wet slips are available for short and long term rental.
Packet Page-905-
1/8/2013 Item 11.E.
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Packet Page -906-
1/8/2013 Item 11.E.
Caxambas Boat Park
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The Caxambas Boat Park, located on Marco Island, Florida the largest in the Ten Thousand
Island chain, provides boaters and fisherman with easy access to the Gulf of Mexico and the
Ten Thousand Island chain.
• Bait Tanks: there is 1 salt water bait tank for live bait sales.
• Coast Guard Auxiliary Station: provides boating classes
• Fees:
o Minimum monthly fee $2.5% of gross income
o The Park sells both commercial (100.00) and recreational (75.00) boat launch
permits to the boating public.
o The Parks sells non-resident (50.00) and issues free resident beach parking
permits.
o There is an $8.00 motorized vessel and $4.00 non-motorized vessel launch fee
per Collier County Board of County Commissioners Adopted Fee Policy. The
proposer shall keep an accurate accounting of this fee. The proposer shall retain
this fee.
• Solar Powered Parkeon Fee Meter: is located at the boat ramp area for
users without a commercial and/or recreational Collier County Parks and
Recreation issued boat launch permit to pay the required and approved
launch fee ($8.00 or$4.00). Meter will be ordered 10/1/12 and installed
10/30/12.
• Fish Cleaning Station: is located near the boat ramp and is equipped with running water
and a disposal station for fish entrails.
• Fuel: 5,011 gallon Diesel and 5,011 gallon Ethanol-free fuel.
• Hours of Operation: The Ship-store is currently open 7 days a week/365 days a year
from 7 am to 5 pm. The Marina and boat ramp are currently open 7 days a week/365
days a year from 7 am to dusk.
• Parking: There are 32 boat trailer parking spaces (8 overflow grass parking , 20 car
parking spaces.
• Ramp: One/two lane launch ramp.
• Ship-Store/Restrooms/Office/Storage: A 1,098 square foot ship store and office
provides retail sales including tackle, charts, t-shirts, caps, fuel additives, live and frozen
bait, ice, drinks, lottery, and snacks; restroom facilities; and small storage room.
Packet Page-907-
1/8/2013 Item 11.E.
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Packet Page-908-
1/8/2013 Item 11.E.
REQUEST FOR PROPOSAL
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Acknhistrative Servizes o
Purchasing
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
solicitation 12-5914R Outsourcing of County Marinas
Scott D. Johnson, Procurement Strategist
239/252-8995(Telephone)
239/252-6588(Fax)
ScottJohnson @colliergov.net(Email)
This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document
made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any
other legal remedies available to the Collier County Government.
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Purdhig Data anent•3327 Termini Trail East•Naples,Florida 34112-4901•wixw.coNergav netlpuaehasin9
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Packet Page-909-
1/8/2013 Item 11 .E.
Table of Contents
LEGAL NOTICE 3
EXHIBIT I:SCOPE OF WORK,SPECIFICATIONS AND RESPONSE FORMAT 4
EXHIBIT II:GENERAL RFP INSTRUCTIONS 16
EXHIBIT III:COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS 20
EXHIBIT IV:ADDITIONAL TERMS AND CONDITIONS FOR RFP 24
ATTACHMENT 1:VENDOR'S NON-RESPONSE STATEMENT 32
ATTACHMENT 2:VENDOR CHECK LIST 33
ATTACHMENT 3:CONFLICT OF INTEREST AFFIDAVIT 34
ATTACHMENT 4:VENDOR DECLARATION STATEMENT 35
ATTACHMENT 5:AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS 37
ATTACHMENT 6: IMMIGRATION AFFIDAVIT CERTIFICATION 38
ATTACHMENT 7:VENDOR SUBSTITUTE W—9 39
ATTACHMENT 8:INSURANCE AND BONDING REQUIREMENTS 41
ATTACHMENT 9:REFERENCE QUESTIONNAIRE 43
12-5914
RFP_Non_CCNATemplate 03012012
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1/8/2013 Item 11 .E.
Ackrinistrathe SeMces Division
Purchasing
Legal Notice
Sealed Proposals to provide Marina operations services will be received until 3:00 PM Naples local
time, on September 18, 2012 at the Collier County Government, Purchasing Department, 3327
Tamiami Trail E, Naples, FL 34112.
Solicitation
12-5914R Outsourcing of County Marinas
Services to be provided shall include, but not be limited to the following: outsourcing and managing
all aspects of one, or more than one, of the County's marina operations as identified in
Exhibit A, including all equipment, supplies, and labor to provide services to the public.
A non-mandatory pre-proposal conference will be held on September 5, 2012, commencing promptly
at 10:00 AM, and will be held in the Purchasing Department Conference Room, Collier County
Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112.
All statements shall be made upon the official proposal form which may be obtained on the-Collier
County Purchasing Department E-Procurement website: www.collieroov.net/bid.
Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability
or marital status.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
BY: /S/ Joanne Markiewicz
Interim Purchasing & General Services Director
This Public Notice was posted on the Collier County Purchasing Department website:
www.collieroov.net/purchasinq and in the Lobby of Purchasing Building "G", Collier County
Government Center on August 27, 2012.
Funtasing Depart mart•3301 Tolland Trail East•Naples.Florida 34112-www.coNiergavv.netlpurthasing
12-5914
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1/8/2013 Item 11 .E.
Exhibit I: Scope of Work, Specifications and Response Format
As requested by the Collier County Parks & Recreation Department (hereinafter, the "Division or
Department"), the Collier County Board of County Commissioners Purchasing Department
(hereinafter, "County") has issued this Request for Proposal (hereinafter, "RFP")with the intent of
obtaining proposals from interested and qualified firms 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 herein.
Summary of Work
The County Parks and Recreation Department is seeking vendor proposals to outsourcing and
managing all aspects of one, or more than one, of the County's marina operations as identified in
Exhibit A, including all equipment, supplies, and labor to provide services to the public.
Background
The County is interested in receiving proposals for a lease/management agreement for the four (4)
County owned marinas. The Parks and Recreation Department is committed to providing quality
services to the citizens of Collier County. The focus is to provide the public, both residents and
visitors, with unique recreation experiences. The County's parks and recreation facilities contribute to
the health of the community's residents enhance the integrity and quality of the natural environment
and attract visitors to the community, thereby contributing to local tourism and economic development.
Detailed Scope of Work
General Marina Operations Tasks
The operation of the Marina Operations Area (MOA) by the Proposer will be done in a manner
consistent with the highest standards achievable. See document labeled 12-5914R Outsourcing of
County Marinas Attachment A Locations available for download at: http://bid.colliergov.net/bid/ for
specific information regarding the layout and location details of each marina
The successful proposer shall have the ability to conduct such operations as allowing commercial
fishing activities for a fee; along with allow concessionaires the ability to operate out of the park in a
safe and orderly manner. The proposer shall adhere to the fee schedule set forth by the Board of
County Commissioners
The Marina operations tasks include but are not limited to:
• Dry slip assignment and boater registration
• Collection of fees and charges excluding those fees from the Solar Powered Parkeon Parking
Meter
• Issuance of annual recreational and commercial Collier County boat launch permits
• Merchandise sales
12-5914
RFP_Non_CCNATemplate 03012012
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1/8/2013 Item 11 .E.
• Cash management and deposit of monies
• Credit/debit card processing capabilities
M.
• Reservations for day slip rentals
• Radio contact with boaters
• Posting weather and tide reports
• Boater evictions—dry storage
• Retail sales and services
• Maintain Clean Marina Designation
• Live Bank Tank Maintenance
• Cleaning of restroom facilities
• Cleaning of shipstore
• Cleaning of fish cleaning table
Staffing
A manager shall be onsite during the hours of operation. When the manager is absent, the operation
shall be directed by an assistant manager, experienced and trained in Marina operations and at least
21 years of age. There shall be an after-hours contact person available by telephone and the contact
phone number shall be provided to wet slip renters and the Director of Collier County Parks and
Recreation.
Background checks and drug tests must be conducted on all employees prior to performing services
at the Marina. The proposer must have a drug and alcohol policy consistent with County Policies (see
attachment B CMA 5312).
The Proposer shall provide each employee with its employee policies handbook.
If the County has reasonable evidence to believe that any employee of the Proposer is incompetent,
disorderly or otherwise has performed his/her duties in an objectionable manner, the County will
provide the Proposer with a written report and expect the Proposer to fully investigate the allegation(s)
and take the appropriate action.
The County is expecting that current Marina employees will be provided an opportunity for
employment with the Proposer if the County elects to enter into an agreement. The Proposer's
response shall include a discussion for the continued employment of the current employees.
Facilities
Under a Lease agreement, the Proposer acknowledges it is receiving management of the MOA in its
current "as is" condition. The Proposer will maintain the premises in good order and in sanitary and
safe conditions.
Supplies and Equipment
Under the Lease agreement, the Proposer shall maintain all existing furniture, equipment, fixtures
within the MOA in good working order.
The Proposer shall supply salt and filters as needed to maintain and operate the live bait.
12-5914
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1/8/2013 Item 11 .E.
Utilities
Under the Lease agreement, the Proposer will provide utility services required by the MOA where
applicable and pay the monthly utility fees including water, electric, sewer, and security.
Fees and Charges
Under the Lease agreement, the Proposer shall provide the County with a copy of the customer fee
schedule for those services within the MOA. Customer fee schedule will include retail cost of ship
store merchandise including but not limited to food, sundries, clothing, maps, live and frozen bait,
tackle, and ice. Customer fee schedule will also include fees for day dry slip and long-term dry slip
rental.
The County shall receive in addition to the monthly lease fee all fees associated outside the MOA
including the $8.00 and $4.00 per vessel launch fee; recreational and commercial annual launch
permits; and non-resident beach parking permit revenues. The successful proposer may retain the
fees within the approved fee schedule by the Board of County Commissioners. The fees shall be
included in the gross sales for the location. The Parks and Recreation Department shall be paid a
percentage of the gross revenue per park.
These fees are due on the 15th of each month If not paid timely a late charge of 10% per day will be
added to fees due.
The County will pay "The Retreat at Port of the Islands" annual fee per the County's purchase
agreement.
Ship-store Operations
The Proposer must use point-of-sale electronic cash machines or other electronic accounting control
equipment for the proper control of all payments. Cash register tapes must be maintained and made
available upon demand during the term of the Agreement with Collier County. All electronic cash
equipment and accounting procedures must be approved by the Collier County Finance Department.
All sales must be accompanied by a receipt to the customer.
The Proposer may sell any concessions and boating supplies desired as long as such items are
permitted under Florida state law and the Proposer has obtained the proper licensing/tax permits for
such sales. Under the Lease Agreement, any equipment necessary for the sale of concessions, other
than the existing equipment, must be furnished and maintained by the Proposer.
Trash, Rubbish, and Garbage Removal, Including Recycling
Under the Lease agreement, the County shall be responsible for providing County approved trash and
recycling receptacles. The County shall provide a dumpster and enclosure. The County shall be
responsible for the removal of all trash from the dumpster.
The Proposer shall be responsible for cleaning the fish cleaning tables daily and emptying the fish
entrails receptacles, located at the fish cleaning tables, into the dumpster daily.
The Proposer agrees to perform daily removal of litter in the immediate exterior area within fifty (50)
feet of the shipstore.
12-5914
RFP Non CCNATemplate 03012012
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1/8/2013 Item 11 .E.
Capital Improvements
Under the Lease agreement, the Proposer will be permitted to make capital improvements to any
facility within the MOA with the written approval of the Director and Senior Project Manager of Collier
County Parks and Recreation. All capital improvements will become the property of Collier County at
the end of the terms of the lease.
General Repairs and Maintenance
Under the Lease agreement, the Proposer shall keep the MOA in good order. The County will make
and/or manage all repairs including, but not limited to:
• Landscaping: mowing, herbicide and pesticide application
• Painting
• Boat Ramp
• Roadways and sidewalks within the park
• Exotic flora/faunal removal
• County, State, and Federal signage within the Park
• Docks, wet and/or dry slips.
• Fuel tank monthly inspections and repairs
To ensure the MOA facilities are maintained in safe condition, all Proposers shall perform routine
inspections as per a mutually agreed upon schedule (documented in an inspection log available for
County inspection).
MOA are to be available for inspection by designated County representatives during regular operating
hours and at other times upon reasonable notice.
Reporting Requirements
All Proposers must submit a written monthly report to the Collier County Parks and Recreation
Operations Manager including but not limited to:
• Slip occupancy (both number and dollars), historical comparison
• Fuel sales (both number and dollars), historical comparison
• Marketing promotions
• Non-routine expenses
• Safety and Environmental Incidents
• Boat Launches: motorized and non-motorized (both number and dollars), historical
comparison
• Special Events (number of events and attendees)
• Resident beach parking permits issued
• Non-resident beach parking permits issued
• Commercial boat launch permits issued
• Recreational boat launch permits issued
In the event of an accident, incident to park visitors and/or property the Proposer must telephone the
Director of Collier County Parks and Recreation immediately followed by a written incident report
(Forms will be provided to the awarded vendor.)
12-5914
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1/8/2013 Item 11.E.
Closure of Facilities-Loss of Equipment
If closure of the facilities or loss of equipment to some but not all of the facilities or equipment due to
fire damage, flood, hurricane, civil disorder, strikes, act of Nature, etc., the County will allow pro-rata
adjustment of monthly payments based on a daily rate from the time of closure up to the time the
damage is repaired or other circumstances return to normal.
Annual Financial Review
Under the Lease agreement, the Proposer shall provide, at its expense, an annual independent
review of the Proposer's financial records related to any marina covered by the contract(s). The
purpose of this review is to substantiate that the County has been compensated in accordance with
the Lease agreement.
Marketing
The Proposer shall actively market the boating opportunities at the Marina. The Proposer will prepare
and implement a comprehensive Marketing Plan that will be approved by the Collier County Parks
and Recreation Department for the Marina with annual updates. The Proposer shall utilize a website,
as well as printed material, that describes the services and facilities available at the Marina. Under
the Lease agreement, advertising expenses are solely the responsibility of the Proposer.
Safety and Security
The County will not assume any responsibility for Marina security other than the security cameras at
the wet-slips, in the ship-store, and on the Marina common areas and routine law enforcement patrols
on land and on the water and Collier County Park Ranger patrols.
The Proposer is to have a written safety and security plan for the MOA. The Proposer will cooperate
with all jurisdictional law enforcement agencies and personnel.
Restrooms
The public restrooms will be cleaned by the Proposer. Toilet paper and other restroom supplies will
be supplied by the Proposer. The Proposer will be expected to ensure that the restrooms are
inspected for cleanliness and stocked with supplies on a daily basis and perform any cleaning service
that needs to be performed.
Term of Contract
The contract term, if an award(s) is/are made is intended to be for an initial ten years (10) with
options of additional one (1) ten year (10) periods. The County reserves the right to renegotiate
rates at each renewal period.
The County reserves the right to terminate the agreement and should the County exercise that
right, to terminate this agreement, the operation shall be appraised and the County will purchase
the inventory and operational supplies at a median of two appraisals. Should there be any
amount owed to the County by the winning proposer, that amount shall be deducted from the total.
12-5914
RFP Non_CCNATemplate 03012012
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Packet Page-916-
1/8/2013 Item 11 .E.
Projected Solicitation Timetable
,sue.
The following projected timetable should be used as a working guide for planning purposes only.
The County reserves the right to adjust this timetable as required during the course of the RFP
process.
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Issue Solicitation Notice 8/27/2012
Last Date for Receipt of Written Questions 9/7/2012, 12 Noon,
Naples Local Time
Non-mandatory pre-solicitation meeting 9/5/2012, 10AM,
Naples Local Time
and Locations
Addendum Issued Resulting from Written Questions or Pre- 9/7/2012
Proposal Conference (Include if applicable)
Solicitation Deadline Date and Time 9/18/2012, 3PM,
Naples Local Time
Anticipated Evaluation of Submittals 9/18 thru 10/15/2012
Vendor Presentations if Required TBD
Anticipated Board of County Commissioner's Contract 11/2012
Approval Date
Response Format
The Vendor understands and agrees to abide by all of the RFP specifications, provisions, terms
and conditions of same, and all ordinances and policies of Collier County. The Vendor further
agrees that if it is awarded a contract, the work will be performed in accordance with the
provisions, terms and conditions of the contract.
To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the
guidelines set forth in this RFP.
Any portions of the proposal that do not comply with these guidelines must be so noted and
explained in the Acceptance of Conditions section of the proposal. However, any proposal that
contains such variances may be considered non-responsive.
Proposals should be prepared simply and economically, providing a straightforward concise
description of the Vendor's approach and ability to meet the County's needs, as stated in this
RFP. All proposals should be presented as described in this RFP in PDF or Microsoft Word
format with Tabs clearly marked. If outlined in this RFP, the utilization of recycled paper for
proposal submission is strongly encouraged.
The items listed below shall be submitted with each proposal and should be submitted in the order
shown. Each section should be clearly labeled, with pages numbered and separated by tabs.
Failure by a Vendor to include all listed items may result in the rejection of its proposal.
1. Tab 1, Cover Letter/ Management Summary— not to exceed 2 pages; suggested font is
Arial, 10 pitch
12-5914
RFP Non_CCNATemp{ate_03012012
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1/8/2013 Item 11.E.
Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying
philosophy of the firm in providing the services stated herein. Include the name(s), telephone
number(s) and email(s) of the authorized contact person(s) concerning proposal. Submission of a
signed Proposal is proposer's certification that the proposer will accept any awards, and all
contract terms and conditions identified as a result of this RFP.
2. Tab 2, Statement of Experience (10 Points)— Not to exceed five (5) pages; suggested font is
Arial, 10 pitch
The Proposer must submit a statement of experience that summarizes the Proposer's
experience managing marinas. In addition, the Proposer will provide a narrative
highlighting prior management experience in the areas listed below:
a. Resumes and description of experience of key personnel
b. Marina size, location, amenities, maintenance program and type of operation
c. Customer service
d. Staffing policies
e. Financial reporting and management systems
f. Safety and security
g. Marketing
h. Community involvement
i. Environmental protection and compliance
j. Safety plan/employee training
k. Proposer's years in business
I. Memberships in trade/business associations
3. Tab 3, Business Plan Narrative (10 Points)— Not to exceed five (5) pages; suggested font is
Arial, 10 pitch
The Proposer will provide the approach it will take to the operation at the Marina. The
approach should meet or exceed the scope of work outlined in this RFP. The following
should be included in the proposal narrative:
a. Overall Management Strategy. The Proposer will describe its overall management
strategy for operating the Marina, clearly stating any assumptions made.
b. Marina Operating and Maintenance Plans. The Marina Operating Plan should
describe, in detail, how the Proposer would operate and maintain the Marina. The
Proposer should ensure that the Operating and Maintenance Plans address each one
of the requirements outlined in this RFP. The Plan should identify the cash handling
software and reporting capabilities. The Plan should provide a list of all customer
charges and fees to be approved by the Director of Collier County Parks and
Recreation. The Plan should clearly identify any deviation from the current practices
or requirements.
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c. Marina Transition Plan. The Proposer will describe its overall transition plan from
County managed to contracted management.
d. Marina Marketing Plan. The Marina Marketing Plan should describe the short-term
and long-term marketing strategies to improve overall occupancy and revenues. The
plan should identify what the Proposer sees as the primary, as well as the secondary,
boater target markets for the Marina.
4. Tab 4, Marinas of Interest(20 Points)
Proposers will be awarded points for the number of properties they are interested in managing,
including all services identified in this RFP. Please indicate:
Provide the number of properties that the proposer
intends to manage, including all services identified in
this RFP.
Please identify each of the addresses that the
proposer wishes to manage.
NOTE: The number of properties identified above x 10
will be multiplied by 10. Multiple the figure reported
in box 1 above b 10 to determine score.
7
E,ar, 3 r 'f' " lE, ti
Prior to the Selection Committee reviewing proposals, the following methodology will be applied to
each Proposer's information provided in this area in the requested information above:
• The County will take the proposer's TOTAL Marinas of Interest.
• The highest number of points (20) will be awarded to the proposer's organization that has
the highest TOTAL Marinas of Interest.
• The next highest TOTAL Marinas of Interest will be divided by the highest TOTAL
Properties of Interest which will then be multiplied by 20 points to determine the proposer's
Points Awarded. Each subsequent proposer's Total Score will be calculated in the same
manner.
• Points awarded will be extended to the first decimal point (per Microsoft Excel).
For illustrative purposes only, see chart for an example of how these points would be distributed
among the six proposers.
Becky Brilhart 4 20.0
Jane Johnson 3 15.0
Pete Curran 3 15.0
Fred Carnell 3 15.0
Blake Reaves 2 10.0
Mr. Tattle 1 5.0
The Points Awarded by propose will be distributed to the Selection Committee prior to their
evaluation of the proposals. The Selection Committee will review the proposer's proposal to
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ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per
proposal. The Selection Committee may, at their sole discretion modify the points assigned after
a thorough review of the proposal and prior to final ranking by the final Selection Committee.
5. Tab 5, Commission Returned to the County(20 Points)
On a monthly basis, the vendor shall be responsible for payment of the Marina's metered utilities
(electric and water). Additionally, the proposer shall pay to the County a stated monthly minimum
guarantee.
Provide the following information:
Port of the Isles: Minimum monthly guarantee to the County. $
(Monthly Revenue
Per the bid specifications, the County will only entertain offers Projection)
above a monthly guarantee of$2.5% of gross income.
Goodland Boat Park: Minimum monthly guarantee to the $
County. (Monthly Revenue
Projection)
Per the bid specifications, the County will only entertain offers
above a monthly guarantee of$2.5% of gross income.
Cocohatchee: Minimum monthly guarantee to the County. $
(Monthly Revenue
Per the bid specifications, the County will only entertain offers Projection)
above a monthly guarantee of$2.5% of gross income.
Caxambas Boat Park: Minimum monthly guarantee to the $
County. (Monthly Revenue
Projection)
Per the bid specifications, the County will only entertain offers
above a monthly guarantee of$2.5% of gross income.
Prior to the Selection Committee reviewing proposals, the following methodology will be applied
per Marina to each vendor's information provided in this area:
• The highest number of points (20) will be awarded to the vendor who has the greatest
dollar Minimum monthly guarantee per MARINA.
• All remaining vendor's Minimum monthly guarantee per MARINA will be divided by the
highest vendor's Minimum monthly guarantee per MARINA which will then be multiplied by
20x points to determine the vendor's points awarded. Each subsequent vendor's score will
be calculated in the same manner.
• Points awarded will be extended to the first decimal point (per Microsoft Excel).
For illustrative purposes only, see chart for an example of how these points would be distributed
among the five proposers.
u ` j4� 4
Vendor ABC $10,000 20.0
Vendor DEF 9,575 19.2
Vendor GHI 9,500 19.0
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Vendor JKL 9,500 19.0
Vendor MNO 9,250 18.5
Vendor PQR 9,000 18.0
The Points Awarded by vendor will be distributed to the Selection Committee prior to their
evaluation of the proposals. The Selection Committee will review the vendor's proposal to ensure
consistency and completion of all tasks in the RFP, and review the Points Awarded per vendor.
The Selection Committee may, at their sole discretion, contact references and/or modify the
reference points assigned after a thorough review of the proposal and prior to ranking of the final
Selection Committee.
6. Tab 6, Financial, Reporting and Monitoring Practices (20 Points)
Provide information on the proposer's financial and managerial practices in the format identified
below.
1. If proposer conducts an external audit review once
a year, please indicate 10 points in the column to
the right; if no, indicate "0."
Provide evidence of a complete report.
2. If proposer has a certified public accountant (CPA)
on staff or has hired a certified accounting firm to
prepare its financial transactions, please indicate
10 points in the column to the right; if no, indicate
u0 "
Provide resume of CPA on staff or outside accounting
firm contract.
3. If proposer has a financial cash handling
procedure, please indicate 10 points in the column
to the right; if no, indicate "0."
Provide evidence of cash handling procedure.
4. If proposer has a business policy and procedural
manual, please indicate 10 points in the column to
the right; if no, indicate "0."
Provide evidence of the manual or a portion of the
manual.
5. Total current amount of dollars in proposer's
capital reserve account. Indicate if the account is
restricted or unrestricted.
t
YEA , _ � t ... }( sQ (
{ .� 4i
i�
r w 4 _ *"'l tea� ?i 91. «
444 12-5914
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,
Prior to the Selection Committee reviewing proposals, the following methodology will be applied to
each Proposed Scope of Services provided in this area in the requested information 1 —5 above:
• The County shall total each proposer's Financial, Reporting and Monitoring Practices.
• The highest number of points (20) will be awarded to the proposer whose Proposed Scope
of Services has the greatest Financial, Reporting and Monitoring Practices TOTAL.
• The next highest proposer will be divided by the greatest proposer's Financial, Reporting
and Monitoring Practices TOTAL which will then be multiplied by 20 points to determine
the proposers's Points Awarded. Each subsequent proposer's score will be calculated in
the same manner.
• Points awarded will be extended to the first decimal point (per Microsoft Excel).
For illustrative purposes only, see chart for an example of how these points would be distributed
among the six proposers.
'M. aN
��y '"us t V a t ' " .., wi�«i'�{ry(� a
C"�� , kf k 4 °`�' u ° t .~ 4 16 X^ .`b trt,,
Beck Brilhart $1 150,000 20.0
Jane Johnson 950,000 16.5
Pete Curran 950,000 16.5
Fred Carnell 225,000 3.9
Blake Reaves 50,000 0.9
Mr. Tattle 10,000 0.2
The Points Awarded by proposer will be distributed to the Selection Committee prior to their
evaluation of the proposals. The Selection Committee will review the proposer's proposal to
ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per
proposer. The Selection Committee may, at their sole discretion modify the points assigned after
a thorough review of the proposal and prior to final ranking by the final Selection Committee.
7. Tab 7, References (10 Points)
In order for the vendor to be awarded any points for this tab, the County requests that the vendor
submits three (3) completed reference forms from clients whose projects are of a similar nature to
this solicitation as a part of their proposal. The County will only use the methodology calculations
for the first three (3) references (only) submitted by the vendor in their proposal.
Prior to the Selection Committee reviewing proposals, the following methodology will be applied to
each vendor's information provided in this area:
• The County shall total each of the vendor's five reference questionnaires and create a
ranking from highest number of points to lowest number of points. References marked
with an N/A (or similar notation will be given the score of zero (0)). Vendors who do not
turn in reference forms will be counted as zero (0).
• The greatest number of points allowed in this criterion will be awarded to the vendor who
has the highest score.
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• The next highest vendor's number of points will be divided by the highest vendor's points
which will then be multiplied by criteria points to determine the vendor's points awarded.
Each subsequent vendor's point score will be calculated in the same manner.
• Points awarded will be extended to the first decimal point (per Microsoft Excel).
For illustrative purposes only, see chart for an example of how these points would be distributed
among the five proposers.
'^ n =r - {' s "",t } '
� J�.� �� a �4 � �+�^°4�r ° gad rR a
Em. fir ar„�
Vendor ABC 245 10.0
Vendor DEF 235 9.6
Vendor GHI 225 9.2
Vendor JKL 200 8.2
Vendor MNO 200 8.2
Vendor PQR 50 2.0
The points awarded by vendor will be distributed to the Selection Committee prior to their
evaluation of the proposals. The Selection Committee will review the vendor's proposal to
ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per
vendor. The Selection Committee may, at their sole discretion, contact references, and/or
modify the reference points assigned after a thorough review of the proposal and prior to final
ranking by the final Selection Committee.
8. Tab VIII, Required Form Submittals
• Attachment 2: Vendor Check List
• Attachment 3: Conflict of Interest Affidavit
• Attachment 4: Vendor Declaration Statement
• Attachment 5:Affidavit for Claiming Status as a Local Business
• Attachment 6: Immigration Affidavit Certification
• Attachment 7: Vendor Substitute W-9
• Attachment 8: Insurance and Bonding Requirements
• Attachment 9: Completed Reference Questionnaires
• Other: i.e. signed addenda, licenses or certifications, promotional materials, etc
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Exhibit II: General RFP Instructions
1. Questions
Direct questions related to this RFP to the Collier County Purchasing Department E-Procurement
website: www.colliergov.net/bid. Vendors must clearly understand that the only official answer or
position of the County will be the one stated on the Collier County Purchasing Department E-
Procurement website. For general questions, please call the referenced Procurement Strategist
noted on the cover page.
2. Pre-Proposal Conference
The purpose of the pre-proposal conference is to allow an open forum for discussion and
questioning with County staff regarding this RFP with all prospective Vendors having an equal
opportunity to hear and participate. Oral questions will receive oral responses, neither of which will
be official, nor become part of the RFP. Only written responses to written questions will be
considered official, and will be included as part of this RFP as an addendum.
All prospective Vendors are strongly encouraged to attend, as, this will usually be the only pre-
proposal conference for this solicitation. If this pre-proposal conference is denoted as "mandatory",
prospective Vendors must be present in order to submit a proposal response.
3. Compliance with the RFP
Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the
RFP may result in disqualification.
4. Ambiguity, Conflict, or Other Errors in the RFP
It is the sole responsibility of the Vendor if the Vendor discovers any ambiguity, conflict,
discrepancy, omission or other error in the RFP, to immediately notify the Procurement Strategist,
noted herein, of such error in writing and request modification or clarification of the document prior
to submitting the proposal. The Procurement Strategist will make modifications by issuing a written
revision and will give written notice to all parties who have received this RFP from the Purchasing
Department.
5. Proposal, Presentation, and Protest Costs
The County will not be liable in any way for any costs incurred by any Vendor in the preparation of
its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in
any discussions, negotiations, or, if applicable, any protest procedures.
6. Delivery of Proposals
All proposals are to be delivered before 3:00 PM, Naples local time, on or before September 18,
2012 to:
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
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Attn:, Scott D. Johnson, Procurement Strategist
The County shall not bear the responsibility for proposals delivered to the Purchasing Department
past the stated date and/or time indicated, or to an incorrect address by Vendor's personnel or by
the Vendor's outside carrier. However, the Purchasing/General Services Director, or designee,
shall reserve the right to accept proposals received after the posted close time under the following
conditions:
• The tardy submission of the proposal is due to the following circumstances, which shall
include but not be limited to: late delivery by commercial carrier such as Fed Ex, UPS or
courier where delivery was scheduled before the deadline.
• The acceptance of said proposal does not afford any competing firm an unfair advantage
in the selection process.
Vendors must submit one (1) paper copy clearly labeled "Master," and six (6) disks
(CD's/DVD's) with one copy of the proposal on each disk in Word, Excel or PDF. List the
Solicitation Number and Title on the outside of the box or envelope.
7. Validity of Proposals
No proposal can be withdrawn after it is filed unless the Vendor makes their request in writing to
the County prior to the time set for the closing of Proposals. All proposals shall be valid for a
period of one hundred eighty (180) days from the submission date to accommodate evaluation
and selection process.
8. Method of Source Selection
The County is using the Competitive Sealed Proposals methodology of source selection for this
procurement, as authorized by Ordinance Number 87-25, and Collier County Resolution Number
2006-268 establishing and adopting the Collier County Purchasing Policy.
The County may, as it deems necessary, conduct discussions with qualified Vendors determined
to be in contention for being selected for award for the purpose of clarification to assure full
understanding of, and responsiveness to solicitation requirements.
9. Evaluation of Proposals
The County's procedure for selecting is as follows:
1. The County Manager shall appoint a Selection Committee to review all proposals submitted.
2. Request for Proposals issued.
3. Subsequent to the closing of proposals, the Procurement Strategist and Project Manager shall
review the proposals received and verify whether each proposal appears to be minimally
responsive to the requirements of the published RFP.
4. Meetings shall be open to the public and the Procurement Strategist shall publicly post prior
notice of such meeting in the lobby of the Purchasing Building at least one (1) day in advance
of all such meetings.
5. The committee members shall review each Proposal individually and score each proposal
based on the evaluation criteria stated herein.
6. Prior to the first meeting of the selection committee, the Procurement Strategist will post a
notice announcing the date, time and place of the first committee meeting. Said notice shall
be posted in the lobby of the Purchasing Building not less than three (3) working days prior to
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the meeting. The Procurement Strategist shall also post prior notice of all subsequent
committee meetings and shall endeavor to post such notices at least one (1) day in advance of
all subsequent meetings.
7. The committee will compile individual rankings, based on the evaluation criteria as stated
herein, for each proposal to determine committee recommendations. The committee may at
their discretion, schedule presentations or demonstrations from the top-ranked firm(s), make
site visits, and obtain guidance from third party subject matter experts. The final
recommendation will be decided based on review of scores and consensus of committee.
The County reserves the right to withdraw this RFP at any time and for any reason, and to issue
such clarifications, modifications, and/or amendments as it may deem appropriate.
Receipt of a proposal by the County or a submission of a proposal to the County offers no rights
upon the Vendor nor obligates the County in any manner.
Acceptance of the proposal does not guarantee issuance of any other governmental approvals.
Proposals which include provisions requiring the granting of zoning variances shall not be
considered.
10. References
The County reserves the right to contact any and all references pertaining to this solicitation and
related proposal.
11. Proposal Selection Committee and Evaluation Factors
The County Manager shall appoint a Selection Committee to review all proposals submitted. The
factors to be considered in the evaluation of proposal responses are listed below.
Tab 2, Statement of Experience 10 Points
Tab 3, Business Plan Narrative 10 Points
Tab 4, Marinas of Interest 20 Points
Tab 5, Commission Returned to the County 20 Points
Tab 6, Financial, Reporting and Monitoring Practices 20 Points
Tab 7, References 10 Points
Local Vendor Preference 10 Points
Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the firm with
the lowest paid dollars by Collier County to the vendor(as obtained from the County's financial
system) within the last five (5) years will receive the higher individual ranking. If there is a multiple
firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall
receive the higher ranking, the firm with the next lowest volume of work shall receive the next
highest ranking and so on.
12.Acceptance or Rejection of Proposals
The right is reserved by the County to waive any irregularities in any proposal, to reject any or all
proposals, to re-solicit for proposals, if desired, and upon recommendation and justification by
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Collier County to accept the proposal which in the judgment of the County is deemed the most
advantageous for the public and the County of Collier.
Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind,
may be cause for rejection. In the event of default of the successful Vendor, or their refusal to
enter into the Collier County contract, the County reserves the right to accept the proposal of any
other Vendor or to re-advertise using the same or revised documentation, at its sole discretion.
Amok
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Exhibit Ill: Collier County Purchase Order Terms and Conditions
1. Offer and to comply with all carrier
This offer is subject to cancellation by the regulations. Risk of loss of any goods
COUNTY without notice if not accepted by sold hereunder shall transfer to the
VENDOR within fourteen (14) days of COUNTY at the time and place of
issuance. delivery; provided that risk of loss prior
to actual receipt of the goods by the
2. Acceptance and Confirmation COUNTY nonetheless remain with
This Purchase Order (including all VENDOR.
documents attached to or referenced b) No charges will be paid by the COUNTY
therein) constitutes the entire agreement for packing, crating or cartage unless
between the parties, unless otherwise otherwise specifically stated in this
specifically noted by the COUNTY on the Purchase Order. Unless otherwise
face of this Purchase Order. Each delivery provided in Purchase Order, no invoices
of goods and/or services received by the shall be issued nor payments made
COUNTY from VENDOR shall be deemed to prior to delivery. Unless freight and
be upon the terms and conditions contained other charges are itemized, any
in this Purchase Order. discount will be taken on the full amount
of invoice.
No additional terms may be added and c) All shipments of goods scheduled on the
Purchase Order may not be changed except same day via the same route must be
by written instrument executed by the consolidated. Each shipping container
COUNTY. VENDOR is deemed to be on must be consecutively numbered and
notice that the COUNTY objects to any marked to show this Purchase Order
additional or different terms and conditions number. The container and Purchase
contained in any acknowledgment, invoice Order numbers must be indicated on bill
or other communication from VENDOR, of lading. Packing slips must show
notwithstanding the COUNTY'S acceptance Purchase Order number and must be
or payment for any delivery of goods and/or included on each package of less than
services, or any similar act by VENDOR. container load (LCL) shipments and/or
with each car load of equipment. The
3. Inspection COUNTY reserves the right to refuse or
All goods and/or services delivered return any shipment or equipment at
hereunder shall be received subject to the VENDOR'S expense that is not marked
COUNTY'S inspection and approval and with Purchase Order numbers.
payment therefore shall not constitute VENDOR agrees to declare to the
acceptance. All payments are subject to carrier the value of any shipment made
adjustment for shortage or rejection. All under this Purchase Order and the full
defective or nonconforming goods will be invoice value of such shipment.
returned pursuant to VENDOR'S instruction d) All invoices must contain the Purchase
at VENDOR'S expense. Order number and any other specific
information as identified on the
To the extent that a purchase order requires Purchase Order. Discounts of prompt
a series of performances by VENDOR, the payment will be computed from the date
COUNTY prospectively reserves the right to of receipt of goods or from date of
cancel the entire remainder of the Purchase receipt of invoices, whichever is later.
Order if goods and/or services provided Payment will be made upon receipt of a
early in the term of the Purchase Order are proper invoice and in compliance with
non-conforming or otherwise rejected by the Chapter 218, Fla. Stats., otherwise
COUNTY. known as the "Local Government
4. Shipping and Invoices Prompt Payment Act," and, pursuant to
a) All goods are FOB destination and must the Board of County Commissioners
be suitably packed and prepared to Purchasing Policy.
secure the lowest transportation rates
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5. Time Is Of the Essence and transportation shall conform to all
Time for delivery of goods or performance of applicable laws, including but not limited to
services under this Purchase Order is of the the Occupational Health and Safety Act, the
essence. Failure of VENDOR to meet Federal Transportation Act and the Fair
delivery schedules or deliver within a Labor Standards Act, as well as any law or
reasonable time, as interpreted by the regulation noted on the face of the Purchase
COUNTY in its sole judgment, shall entitle Order.
the COUNTY to seek all remedies available
to it at law or in equity. VENDOR agrees to 9. Advertising
reimburse the COUNTY for any expenses No VENDOR providing goods and services
incurred in enforcing its rights. VENDOR to the COUNTY shall advertise the fact that
further agrees that undiscovered delivery of it has contracted with the COUNTY for
nonconforming goods and/or services is not goods and/or services, or appropriate or
a waiver of the COUNTY'S right to insist make use of the COUNTY'S name or other
upon further compliance with all identifying marks or property without the
specifications. prior written consent of the COUNTY'S
Purchasing Department.
6. Changes
The COUNTY may at any time and by
written notice make changes to drawings 10. Indemnification
and specifications, shipping instructions, VENDOR shall indemnify and hold harmless
quantities and delivery schedules within the the COUNTY from any and all claims,
general scope of this Purchase Order. including claims of negligence, costs and
Should any such change increase or expenses, including but not limited to
decrease the cost of, or the time required for attorneys' fees, arising from, caused by or
performance of the Purchase Order, an related to the injury or death of any person
equitable adjustment in the price and/or (including but not limited to employees and
delivery schedule will be negotiated by the agents of VENDOR in the performance of
COUNTY and VENDOR. Notwithstanding their duties or otherwise), or damage to
the foregoing, VENDOR has an affirmative property (including property of the COUNTY
obligation to give notice if the changes will or other persons), which arise out of or are
decrease costs. Any claims for adjustment incident to the goods and/or services to be
by VENDOR must be made within thirty (30) provided hereunder.
days from the date the change is ordered or
within such additional period of time as may 11. Warranty of Non-Infringement
be agreed upon by the parties. VENDOR represents and warrants that all
goods sold or services performed under this
7. Warranties Purchase Order are: a) in compliance with
VENDOR expressly warrants that the goods applicable laws; b) do not infringe any
and/or services covered by this Purchase patent, trademark, copyright or trade secret;
Order will conform to the specifications, and c) do not constitute unfair competition.
drawings, samples or other descriptions
furnished or specified by the COUNTY, and VENDOR shall indemnify and hold harmless
will be of satisfactory material and quality the COUNTY from and against any and all
production, free from defects and sufficient claims, including claims of negligence, costs
for the purpose intended. Goods shall be and expense, including but not limited to
delivered free from any security interest or attorneys' fees, which arise from any claim,
other lien, encumbrance or claim of any third suit or proceeding alleging that the
party. These warranties shall survive COUNTY'S use of the goods and/or
inspection, acceptance, passage of title and services provided under this Purchase Order
payment by the COUNTY. are inconsistent with VENDOR'S
representations and warranties in section 11
8. Statutory Conformity (a).
Goods and services provided pursuant to
this Purchase Order, and their production Arook
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If any claim which arises from VENDOR'S beyond their control, including, but without
breach of section 11 (a) has occurred, or is limitation to war, strikes, civil disturbances
likely to occur, VENDOR may, at the and acts of nature. When VENDOR has
COUNTY'S option, procure for the COUNTY knowledge of any actual or potential force
the right to continue using the goods or majeure or other conditions which will delay
services, or replace or modify the goods or or threatens to delay timely performance of
services so that they become non-infringing, this Purchase Order, VENDOR shall
(without any material degradation in immediately give notice thereof, including all
performance, quality, functionality or relevant information with respects to what
additional cost to the COUNTY). steps VENDOR is taking to complete
delivery of the goods and/or services to the
12. Insurance Requirements COUNTY.
The VENDOR, at its sole expense, shall
provide commercial insurance of such type 15. Assignment
and with such terms and limits as may be VENDOR may not assign this Purchase
reasonably associated with the Purchase Order, nor any money due or to become due
Order. Providing and maintaining adequate without the prior written consent of the
insurance coverage is a material obligation COUNTY. Any assignment made without
of the VENDOR. All insurance policies shall such consent shall be deemed void.
be executed through insurers authorized or
eligible to write policies in the State of 16. Taxes
Florida. Goods and services procured subject to this
Purchase Order are exempt from Florida
13. Compliance with Laws sales and use tax on real property, transient
In fulfilling the terms of this Purchase Order, rental property rented, tangible personal
VENDOR agrees that it will comply with all purchased or rented, or services purchased
federal, state, and local laws, rules, codes, (Florida Statutes, Chapter 212), and from
and ordinances that are applicable to the federal excise tax.
conduct of its business. By way of non-
exhaustive example, this shall include the 17. Annual Appropriations
American with Disabilities Act and all The COUNTY'S performance and obligation
prohibitions against discrimination on the to pay under this Purchase Order shall be
basis of race, religion, sex creed, national contingent upon an annual appropriation of
origin, handicap, marital status, or veterans' funds.
status. Further, VENDOR acknowledges
and without exception or stipulation shall be 18. Termination
fully responsible for complying with the This Purchase Order may be terminated at
provisions of the Immigration Reform and any time by the COUNTY upon 30 days
Control Act of 1986 as located at 8 U.S.C. prior written notice to the VENDOR. This
1324, et seq. and regulations relating Purchase Order may be terminated
thereto, as either may be amended. Failure immediately by the COUNTY for breach by
by the awarded firm(s) to comply with the VENDOR of the terms and conditions of this
laws referenced herein shall constitute a Purchase Order, provided that COUNTY has
breach of the award agreement and the provided VENDOR with notice of such
County shall have the discretion to breach and VENDOR has failed to cure
unilaterally terminate said agreement within 10 days of receipt of such notice.
immediately. Any breach of this provision
may be regarded by the COUNTY as a 19. General
material and substantial breach of the a) This Purchase Order shall be governed
contract arising from this Purchase Order. by the laws of the State of Florida. The
venue for any action brought to
14. Force Majeure specifically enforce any of the terms and
Neither the COUNTY nor VENDOR shall be conditions of this Purchase Order shall
responsible for any delay or failure in be the Twentieth Judicial Circuit in and
performance resulting from any cause for Collier County, Florida
12-5914
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b) Failure of the COUNTY to act associated with this Purchase Order in
immediately in response to a breach of accordance with Florida Statute Chapter
this Purchase Order by VENDOR shall 112.061, Per Diem and Travel
not constitute a waiver of breach. Expenses for Public Officers, employees
Waiver of the COUNTY by any default and authorized persons.
by VENDOR hereunder shall not be e) In the event of any conflict between or
deemed a waiver of any subsequent among the terms of any Contract
default by VENDOR. Documents related to this Purchase
c) All notices under this Purchase Order Order, the terms of the Contract
shall be sent to the respective Documents shall take precedence over
addresses on the face page by certified the terms of the Purchase Order. To the
mail, return receipt requested, by extent any terms and /or conditions of
overnight courier service, or by personal this Purchase Order duplicate or overlap
delivery and will be deemed effective the Terms and Conditions of the
upon receipt. Postage, delivery and Contract Documents, the provisions of
other charges shall be paid by the the Terms and/or Conditions that are
sender. A party may change its address most favorable to the County and/or
for notice by written notice complying provide the greatest protection to the
with the requirements of this section. County shall govern.
d) The Vendor agrees to reimbursement of
any travel expenses that may be
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Exhibit IV: Additional Terms and Conditions for RFP
1. Insurance Requirements
The Vendor shall at its own expense, carry and maintain insurance coverage from responsible
companies duly authorized to do business in the State of Florida as set forth in the Insurance and
Bonding attachment of this solicitation. The Vendor shall procure and maintain property insurance
upon the entire project, if required, to the full insurable value of the scope of work.
The County and the Vendor waive against each other and the County's separate Vendors,
Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all
damages covered by property insurance provided herein, except such rights as they may have to the
proceeds of such insurance. The Vendor and County shall, where appropriate, require similar
waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors
and shall require each of them to include similar waivers in their contracts.
Collier County shall be responsible for purchasing and maintaining, its own liability insurance.
Certificates issued as a result of the award of this solicitation must identify "For any and all work
performed on behalf of Collier County."
The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall
name Collier County, Florida, as an additional insured as to the operations of Vendor under this
solicitation and shall contain a severability of interests provisions.
Collier County Board of County Commissioners shall be named as the Certificate Holder. The
"Certificate Holder" should read as follows:
Collier County
Board of County Commissioners
Naples, Florida
The amounts and types of insurance coverage shall conform to the minimum requirements set forth
in the Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and
endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under
any of the below listed minimum required coverage, Vendor must identify on the Certificate of
Insurance the nature and amount of such self- insured retentions or deductibles and provide
satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or
deductibles will be Vendor's sole responsibility.
Coverage(s) shall be maintained without interruption from the date of commencement of the Work
until the date of completion and acceptance of the scope of work by the County or as specified in this
solicitation, whichever is longer.
The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy
cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also
notify the County, in a like manner, within twenty-four(24) hours after receipt, of any notices of
expiration, cancellation, non-renewal or material change in coverage or limits received by Vendor
from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide
notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor
hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full
extent permitted under such policy.
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Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County
may terminate the Agreement or at its sole discretion shall be authorized to purchase such
coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the
County for such costs within thirty (30) days after demand, the County has the right to offset these
costs from any amount due Vendor under this Agreement or any other agreement between the
County and Vendor.The County shall be under no obligation to purchase such insurance, nor shall it
be responsible for the coverage(s) purchased or the insurance company or companies used. The
decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a
waiver of any of its rights under the Contract Documents.
If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the
scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of
Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of
the Vendor to provide the County with such renewal certificate(s) shall be considered justification for
the County to terminate any and all contracts.
2. Offer Extended to Other Governmental Entities
Collier County encourages and agrees to the successful vendor extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the discretion of
the successful vendor.
3. Additional Items and/or Services
Additional items and / or services may be added to the resultant contract, or purchase order,
in compliance with the Purchasing Policy.
AVOW
4. County's Right to Inspect
The County or its authorized Agent shall have the right to inspect the Vendor's facilities/project site
during and after each work assignment the Vendor is performing.
5. Additional Terms and Conditions of Contract
Collier County has developed standard contracts/agreements, approved by the Board of County
Commissioners (BCC). The selected Vendor shall be required to sign a standard Collier County
contract within twenty one (21) days of Notice of Selection for Award.
The County reserves the right to include in any contract document such terms and conditions, as it
deems necessary for the proper protection of the rights of Collier County. A sample copy of this
contract is available upon request. The County will not be obligated to sign any contracts,
maintenance and/or service agreements or other documents provided by the Vendor.
6. Payment Method
Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218,
Florida Statutes. Vendor's invoices must include:
• Purchase Order Number
• Description and quantities of the goods or services provided per instructions on the County's
purchase order or contract.
oak
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Invoices shall be sent to:
Board of County Commissioners
Clerk's Finance Department
ATTN:Accounts Payable
3299 Tamiami Trail E Ste 700
Naples FL 34112
Or, emailed to: bccapclerk ecollierclerk.com.
Collier County, in its sole discretion, will determine the method of payment for goods and/or services
as part of this agreement.
Payment methods include:
• Traditional—payment by check, wire transfer or other cash equivalent.
• Standard—payment by purchasing card. Collier County's Purchasing Card Program is supported
by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the
Rules for VISA Merchants and MasterCard Merchant Rules.
Collier County cautions vendors to consider both methods of payment when determining pricing as
no additional surcharges or fees will be considered (per Rules for VISA Merchants and MasterCard
Merchant Rules). The County will entertain bids clearly stating pricing for standard payment methods.
An additional separate discounted price for traditional payments may be provided at the initial bid
submittal if it is clearly marked as an "Additional Cash Discount."
Upon execution of the Contract and completion of each month's work, payment requests shall be
submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that
prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for
payment without prior approval from the Project manager. All invoices must be submitted within the
fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices
submitted after the close of the fiscal year will not be accepted (or processed for payment) unless
specifically authorized by the Project Manager.
Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt
and approval of invoices submitted on the date of services or within six (6) months after completion of
contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-
payment under the legal doctrine of"laches" as untimely submitted. Time shall be deemed of the
essence with respect to the timely submission of invoices under this agreement.
In instances where the successful contractor may owe debts (including, but not limited to taxes or
other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy
these debts, the County reserves the right to off-set the amount owed to the County by applying the
amount owed to the vendor or contractor for services performed of for materials delivered in
association with a contract.
Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the
Finance Division for payment. Payment will be made upon receipt of proper invoice and in
compliance with Chapter 218, Florida Statutes, otherwise known as the "Local Government Prompt
Payment Act." Collier County reserves the right to withhold and/or reduce an appropriate amount of
any payment for work not performed or for unsatisfactory performance of Contractual requirements.
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7. Environmental Health and Safety
All Vendors and Sub vendors performing service for Collier County are required and shall comply
with all Occupational Safety and Health Administration (OSHA), State and County Safety and
Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub
vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that
may cause injury or damage to any persons or property within and around the work site. All firewall
penetrations must be protected in order to meet Fire Codes.
Collier County Government has authorized OSHA representatives to enter any Collier County facility,
property and/or right-of-way for the purpose of inspection of any Vendor's work operations. This
provision is non-negotiable by any department and/or Vendor.
All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device
Coordination and Arc Flash Studies where relevant as determined by the engineer.
All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE
Protective labels.
8. Licenses
The Vendor is required to possess the correct Business Tax Receipt, professional license, and any
other authorizations necessary to carry out and perform the work required by the project pursuant to
all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any
kind. Additionally, copies of the required licenses must be submitted with the proposal
response indicating that the entity proposing, as well as the team assigned to the County
account, is properly licensed to perform the activities or work included in the contract
documents. Failure on the part of any Vendor to submit the required documentation may be
grounds to deem Vendor non-responsive.A Vendor, with an office within Collier County is also
required to have an occupational license.
All State Certified contractors who may need to pull Collier County permits or call in inspections must
complete a Collier County Contractor License registration form and submit the required fee. After
registering the license/registration will need to be renewed thereafter to remain "active" in Collier
County.
If you have questions regarding professional licenses contact the Contractor Licensing, Community
Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions
regarding required occupational licenses, please contact the Tax Collector's Office at (239) 252-
2477.
9. Principals/Collusion
By submission of this Proposal the undersigned, as Vendor, does declare that the only person or
persons interested in this Proposal as principal or principals is/are named therein and that no person
other than therein mentioned has any interest in this Proposal or in the contract to be entered into;
that this Proposal is made without connection with any person, company or parties making a
Proposal, and that it is in all respects fair and in good faith without collusion or fraud.
10. Relation of County
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It is the intent of the parties hereto that the Vendor shall be legally considered an independent
Vendor, and that neither the Vendor nor their employees shall, under any circumstances, be
considered employees or agents of the County, and that the County shall be at no time legally
responsible for any negligence on the part of said Vendor, their employees or agents, resulting in
either bodily or personal injury or property damage to any individual, firm, or corporation.
11. Termination
Should the Vendor be found to have failed to perform his services in a manner satisfactory to the
County, the County may terminate this Agreement immediately for cause; further the County may
terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be
sole judge of non-performance.
12. Lobbying
All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be
lobbied, either individually or collectively about a project for which a firm has submitted a Proposal.
Firms and their agents are not to contact members of the County Commission for such purposes as
meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closing to
final Board approval, no firm or their agent shall contact any other employee of Collier County in
reference to this Proposal, with the exception of the Purchasing Director or his designee(s). Failure to
abide by this provision may serve as grounds for disqualification for award of this contract to the firm.
13. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501)
In order to be considered for award, firms submitting a response to this solicitation shall be required
to provide a certificate of authority from the Florida Department of State Divisions of Corporations in
accordance with the requirements of Florida Statute 607.1501 (www.sunbiz.orq/search.html). A copy
of the document shall be submitted with the solicitation response and the document number shall be
identified. Firms who do not provide the certificate of authority at the time of response shall be
required to provide same within five (5) days upon notification of selection for award. If the firm
cannot provide the document within the referenced timeframe, the County reserves the right to award
to another firm.
14. Single Proposal
Each Vendor must submit, with their proposal, the required forms included in this RFP. Only one
proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as
a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub-
consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a
primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub-
consultant to any other firm or firms submitting under the same RFP. All submittals in violation of this
requirement will be deemed non-responsive and rejected from further consideration.
15. Protest Procedures
Any actual or prospective Vendor to a Request for Proposal, who is aggrieved with respect to the
former, shall file a written protest with the Purchasing Director prior to the due date for acceptance of
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proposals. All such protests must be filed with the Purchasing Director no later than 11:00 am.
Collier County time on the final published date for the acceptance of the Request for Proposals.
The Board of County Commissioners will make award of contract in public session. Award
recommendations will be posted outside the offices of the Purchasing Department on Wednesdays
and Thursdays. Any actual or prospective respondent who desires to formally protest the
recommended contract award must file a notice of intent to protest with the Purchasing Director
within two (2) calendar days (excluding weekends and County holidays) of the date that the
recommended award is posted.
Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be
given instructions as to the form and content requirements of the formal protest. A copy of the
"Protest Policy" is available at the office of the Purchasing Director.
16. Public Entity Crime
A person or affiliate who has been placed on the convicted vendor list following a conviction for a
public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or
services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity
for the construction or repair of a public building or public work; may not submit bids, proposals, or
replies on leases of real property to a public entity; may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not
transact business with any public entity in excess of the threshold amount provided in s. 287.017 for
CATEGORY TWO for a period of 36 months following the date of being placed on the convicted
vendor list.
17. Security and Background Checks
If required, Vendor/ Contractor/ Proposer shall be responsible for the costs of providing background
checks by the Collier County Facilities Management Department, and drug testing for all employees
that shall provide services to the County under this Agreement. This may include, but not be limited
to, checking federal, state and local law enforcement records, including a state and FBI fingerprint
check, credit reports, education, residence and employment verifications and other related records.
Contractor shall be required to maintain records on each employee and make them available to the
County for at least four(4) years.
18. Conflict of Interest
Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP
document. Disclosure of any potential or actual conflict of interest is subject to County staff review
and does not in and of itself disqualify a firm from consideration. These disclosures are intended to
identify and or preclude conflict of interest situations during contract selection and execution.
19. Prohibition of Gifts to County Employees
No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee,
service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311.
Violation of this provision may result in one or more of the following consequences: a. Prohibition by
the individual, firm, and/or any employee of the firm from contact with County staff for a specified
period of time; b. Prohibition by the individual and/or firm from doing business with the County for a
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specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c.
immediate termination of any contract held by the individual and/or firm for cause.
20. Immigration Affidavit Certification
Statutes and executive orders require employers to abide by the immigration laws of the United
States and to employ only individuals who are eligible to work in the United States.
The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland
Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet-
based means of verifying employment eligibility of workers in the United States; it is not a substitute
for any other employment eligibility verification requirements. The program will be used for Collier
County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional
services and construction services.
Exceptions to the program:
• Commodity based procurement where no services are provided.
• Where the requirement for the affidavit is waived by the Board of County Commissioners
Vendors/ Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of
their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable
evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of
the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also
required to provide the Collier County Purchasing Department an executed affidavit certifying they
shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the
BidderNendor does not comply with providing both the acceptable E-Verify evidence and the
executed affidavit the bidder's/vendor's proposal may be deemed non-responsive.
Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all
purchases not covered under the "Exceptions to the program" clause above.
For additional information regarding the Employment Eligibility Verification System (E-Verify) program
visit the following website: http://www.dhs.00v/E-Verify. It shall be the vendor's responsibility to
familiarize themselves with all rules and regulations governing this program.
Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be
fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986
as located at 8 U.S.C. 1324, et sea. and regulations relating thereto, as either may be amended and
with the provisions contained within this affidavit. Failure by the awarded firm(s)to comply with the
laws referenced herein or the provisions of this affidavit shall constitute a breach of the award
agreement and the County shall have the discretion to unilaterally terminate said agreement
immediately.
21. Collier County Local Preference Policy
Collier County provides an incentive to local business to enhance the opportunities of local
businesses in the award of County contracts. In the evaluation of proposals, the County rewards
Vendors for being a local business by granting a ten (10) points incentive in the evaluation criterion
points.
A "local business" is defined as a business that has a valid occupational license issued by either
Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal
12-5914
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submission that authorizes the business to provide the commodities or services to be purchased, and
a physical business address located within the limits of Collier or Lee Counties from which the vendor
operates or performs business. Post Office Boxes are not verifiable and shall not be used for the
purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be
a "local business" unless it contributes to the economic development and well-being of
either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited
to, the retention and expansion of employment opportunities, the support and increase to either
Collier or Lee County's tax base, and residency of employees and principals of the business within
Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of
submitting their bid or proposal to be eligible for consideration as a "local business" under this
section.
The vendor must complete and submit with their proposal response the Affidavit for Claiming Status
as a Local Business which is included as part of this solicitation.
Failure on the part of a vendor to submit this Affidavit with their proposal response will
preclude said Vendor from being considered for local preference under this solicitation.
A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to
the County will lose the privilege to claim Local Preference status for a period of up to one year.
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Goer
Administrative Swims Division
Purchasing
Attachment 1: Vendor's Non-Response Statement
The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear,
concise and openly competitive. Therefore, we are interested in ascertaining reasons for prospective
Vendors not wishing to respond to this solicitation. If your firm is not responding to this RFP, please
indicate the reason(s) by checking the item(s) listed below and return this form via email or fax, noted on
the cover page, or mail to Collier County Government, Purchasing Department, 3327 Tamiami
Trail E, Naples, FL 34112.
We are not responding to Solicitation 12-5914R Outsourcing of County Marinas for the following
reason(s):
❑ Services requested not available through our company.
❑ Our firm could not meet specifications/scope of work.
❑ Specifications/scope of work not clearly understood or applicable (too vague, rigid, etc.)
❑ Project is too small.
❑ Insufficient time allowed for preparation of response.
❑ Incorrect address used. Please correct mailing address:
❑ Other reason(s):
Name of Firm:
Address:
City, State, Zip:
Telephone:
Email:
Representative Signature:
Representative Name: Date
12-5914
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Cam'
purchasing
Attachment 2: Vendor Check List
IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces
indicated and return with your Proposal. Vendor should check off each of the following items as the
necessary action is completed:
❑ The Proposal has been signed.
❑ All applicable forms have been signed and included, along with licenses to complete the
requirements of the project.
❑ Any addenda have been signed and included.
❑ The mailing envelope has been addressed to:
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
Attn:Scott D. Johnson, Procurement Strategist
❑ The mailing envelope must be sealed and marked with Solicitation 12-5914R Outsourcing of
County Marinas and 9/14/2012.
❑ The Proposal will be mailed or delivered in time to be received no later than the specified due date
and time. (Otherwise Proposal cannot be considered.)
ALL COURIER-DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE
OUTSIDE OF THE COURIER PACKET.
Name of Firm:
Address:
City, State, Zip:
Telephone:
Email:
Representative Signature:
Representative Name: Date
Aftqlc
12-5914
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MTfl seE,r s
Purchasing
Attachment 3: Conflict of Interest Affidavit
By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that,
to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned
interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed
work; and bear on whether the firm (employees, officers and/or agents) has a possible conflict have been
fully disclosed.
Additionally, the firm (employees, officers and/or agents) agrees to immediately notify in writing the
Purchasing/General Services Director, or designee, if any actual or potential conflict of interest arises
during the contract and/or project duration.
Firm:
Signature and Date:
Print Name
Title of Signatory
State of
County of
SUBSCRIBED AND SWORN to before me this day of
20
by , who is personally known to me to be the
for the Firm, OR who produced the following
identification
Notary Public
My Commission Expires
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Crier
CourfitY
Acklinistrative Services Division ,gym .
Purchasing
Attachment 4: Vendor Declaration Statement
BOARD OF COUNTY COMMISSIONERS
Collier County Government Complex
Naples, Florida 34112
RE: Solicitation: 12-5914R Outsourcing of County Marinas
Dear Commissioners:
The undersigned, as Vendor declares that this proposal is made without connection or arrangement with
any other person and this proposal is in every respect fair and made in good faith, without collusion or
fraud.
The Vendor agrees, if this proposal is accepted, to execute a Collier County document for the purpose of
establishing a formal contractual relationship between the firm and Collier County, for the performance of
all requirements to which the proposal pertains. The Vendor states that the proposal is based upon the
proposal documents listed by Solicitation: 12-5914R Outsourcing of County Marinas .
(Proposal Continued on Next Page)
oak
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1/8/2013 Item 11.E.
PROPOSAL CONTINUED
IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of , 20
in the County of , in the State of
Firm's Legal Name:
Address:
City, State, Zip Code:
Florida Certificate of
Authority Document Number:
Federal Tax Identification
Number
Telephone:
FAX:
Signature by:
(Typed and written)
Title:
Additional Contact Information
Send payments to:
(required if different from above) Company name used as payee
Contact name:
Title:
Address:
City, State,ZIP
Telephone:
FAX:
Email:
Office servicing Collier
County to place orders
(required if different from above)
Contact name:
Title:
Address:
City, State,ZIP
Telephone: Email
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County
Ackninistiative Swims Division
Potholing
Attachment 5: Affidavit for Claiming Status as a Local Business
Solicitation: 12-5914R Outsourcing of County Marinas (Check Appropriate Boxes Below)
State of Florida(Select County if Vendor is described as a Local Business
❑ Collier County
❑ Lee County
Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County
Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy;
A"local business" is defined as a business that has a valid occupational license issued by either Collier or Lee
County for a minimum of one (1)year prior to a Collier County bid or proposal submission that authorizes the
business to provide the commodities or services to be purchased, and a physical business address located within
the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are
not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the
foregoing, a vendor shall not be considered a"local business" unless it contributes to the economic development
and well-being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be
limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or
Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County.
Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to
be eligible for consideration as a"local business" under this section.
Vendor must complete the following information:
Year Business Established in ❑Collier County or❑ Lee County:
Number of Employees(Including Owner(s) or Corporate Officers):
Number of Employees Living in ❑ Collier County or❑ Lee (Including Owner(s) or Corporate Officers):
If requested by the County, vendor will be required to provide documentation substantiating the information given in
this affidavit. Failure to do so will result in vendor's submission being deemed not applicable.
Vendor Name: Date:
Collier or Lee County Address:
Signature: Title:
STATE OF FLORIDA
❑ COLLIER COUNTY ❑ LEE COUNTY
Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this Day of
, 20
Notary Public
My Commission Expires:
(AFFIX OFFICIAL SEAL) oak
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Administrative senrioee>Oivision
Purchasing
Attachment 6: Immigration Affidavit Certification
Solicitation: 12-5914R Outsourcing of County Marinas
This Affidavit is required and should be signed,notarized by an authorized principal of the firm and submitted with
formal Invitations to Bid (ITB's)and Request for Proposals(RFP)submittals. Further,Vendors/Bidders are
required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the
time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the
properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum
of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment
in the E-Verify program. may deem the Vendor/Bidder's proposal as non-responsive.
Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized
alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section
274A(e)of the Immigration and Nationality Act("INA").
Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A(e)
of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e)of the INA
shall be grounds for unilateral termination of the contract by Collier County.
Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration
Act and subsequent Amendment(s))and agrees to comply with the provisions of the Memorandum of
Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System
(E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration
at the time of submission of the Vendor's/Bidder's proposal.
Company Name
Print Name Title
Signature Date
State of
County of
The foregoing instrument was signed and acknowledged before me this day of
20_, by
who has produced as identification.
(Print or Type Name) (Type of Identification and Number)
Notary Public Signature
Printed Name of Notary Public
Notary Commission Number/Expiration
The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy
of this affidavit to interrogatories hereinafter made.
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Cait '
ActrinistrahreSeivioas Division
Purdue Iry
Attachment 7:Vendor Substitute W—9
Request for Taxpayer Identification Number and Certification
In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following
information for tax reporting purposes from individuals and companies who do business with the County (including
social security numbers if used by the individual or company for tax reporting purposes). Florida Statute
119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be
used for no other purpose than herein stated. Please complete all information that applies to your business and
return with your quote or proposal.
1. General Information (provide all information)
Taxpayer Name
(as shown on income tax return)
Business Name
(if different from taxpayer name)
Address City
State Zip
Telephone FAX Email
Order Information Remit/Payment Information
Address Address
City State Zip City State Zip
FAX FAX
Email Email
2. Company Status (check only one)
_Individual/Sole Proprietor _Corporation _Partnership
_Tax Exempt (Federal income tax-exempt entity _Limited Liability Company
under Internal Revenue Service guidelines IRC
501 (c)3) Enter the tax classification
(D=Disregarded Entity, C=Corporation, P=Partnership)
3. Taxpayer Identification Number(for tax reporting purposes only)
Federal Tax Identification Number(TIN)
(Vendors who do not have a TIN,will be required to provide a social security number prior to an award of the contract.)
4. Sign and Date Form
Certification:Under penalties of perjury, 1 certify that the information shown on this form is correct to my knowledge.
Signature Date
Title Phone Number
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Cr County
Ar irisbala+s SWIMS Division
Purchasing
Attachment 8: Insurance and Bonding Requirements
fil
!-14
1.
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1. ®Worker's-! Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Compensation Statutory Limits and Requirements
2. ® Employer's Liability $ single limit per occurrence
3. ® Commercial General Bodily Injury and Property Damage
Liability(Occurrence Form)
patterned after the current $1.000.000.00 single limit per occurrence, $2,000,000 aggregate for Bodily
ISO form Injury Liability and Property Damage Liability. This shall include Premises and
Operations; Independent Contractors; Products and Completed Operations
and Contractual Liability
4. ® Indemnification To the maximum extent permitted by Florida law, the
ContractorNendor/Consultant shall indemnify and hold harmless Collier
County, its officers and employees from any and all liabilities, damages,
losses and costs, including, but not limited to, reasonable attorneys'fees and
paralegals'fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the ContractorNendor/Consultant or anyone
employed or utilized by the ContractorNendor/Consultant in the performance
of this Agreement. This indemnification obligation shall not be construed to
negate, abridge or reduce any other rights or remedies which otherwise may
be available to an indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence
of Collier County.
4. ® Automobile Liability $ 1,000,000.00 Each Occurrence; Bodily Injury& Property Damage,
Owned/Non-owned/Hired; Automobile Included
5. ❑ Other insurance as ❑Watercraft $ Per Occurrence
noted:
El United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
$ Per Occurrence
El Maritime Coverage(Jones Act) shall be maintained where applicable to
the completion of the work.
$ Per Occurrence
❑Aircraft Liability coverage shall be carried in limits of not less than
$5,000,000 each occurrence if applicable to the completion of the Services
under this Agreement.
$ Per Occurrence
❑ Pollution $ Per Occurrence
El Professional Liability $ per claim and in
the aggregate
A-4..
• $1,000,000 per claim and in the aggregate
• $2,000,000 per claim and in the aggregate
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❑Valuable Papers Insurance $ Per Occurrence
6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds,
cashiers' check or an irrevocable letter of credit, a cash bond posted with the
County Clerk, or proposal bond in a sum equal to 5% of the cost proposal.All
checks shall be made payable to the Collier County Board of County
Commissioners on a bank or trust company located in the State of Florida and
insured by the Federal Deposit Insurance Corporation.
7. ❑ Performance and For projects in excess of$200,000, bonds shall be submitted with the
Payment Bonds executed contract by Proposers receiving award, and written for 100% of the
Contract award amount, the cost borne by the Proposer receiving an award.
The Performance and Payment Bonds shall be underwritten by a surety
authorized to do business in the State of Florida and otherwise acceptable to
Owner; provided, however, the surety shall be rated as"A-" or better as to
general policy holders rating and Class V or higher rating as to financial size
category and the amount required shall not exceed 5% of the reported policy
holders' surplus, all as reported in the most current Best Key Rating Guide,
published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New
York.10038.
8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is
required to meet. The same Vendor shall provide County with certificates of insurance meeting the
required insurance provisions.
9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for
Commercial General Liability where required.
10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board
of County Commissioners in Collier County, OR Collier County Government, OR Collier County..
11. ® Thirty (30) Days Cancellation Notice required.
Vendor's Insurance Statement
We understand the insurance requirements of these specifications and that the evidence of insurability may be required
within five (5) days of the award of this solicitation.
Name of Firm Date
Vendor Signature
Print Name
Insurance Agency
Agent Name Telephone Number
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C �r Corby
Admr, awes of o�,
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Attachment 9: Reference Questionnaire
Solicitation: 12-5914R Outsourcing of County Marinas
Reference Questionnaire for:
(Name of Company Requesting Reference Information)
(Name of Individuals Requesting Reference Information)
Name: Company:
(Evaluator completing reference questionnaire) (Evaluator's Company completing reference)
Email: FAX: Telephone:
Collier County is implementing a process that collects reference information on firms and their key personnel to be used
in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as
a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the
best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the
firm/individual again)and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again).
If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will
be scored"0."
Project Description: Completion Date:
Project Budget: Project Number of Days: ottik
Change Orders- Dollars Added : Change Orders-Days Added:
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^'§ li�yp..:., .. t«"fio; `. .. , t •" -•�. ( ,�E1 K t. '�i' p:" r a n 5 o-: 8:._ �,,,:,: u :l
�;0 4�sx:aa � I.�,..
1 Ability to manage the project costs(minimize change orders to scope).
2 Ability to maintain project schedule (complete on-time or early).
3 Quality of work.
4 Quality of consultative advice provided on the project.
5 Professionalism and ability to manage personnel.
6 Close out project process(final product turnover; invoices; manuals or going
forward documentation, etc.)
7 Ability to verbally communicate and document information clearly and succinctly.
8 Abiltity to manage risks and unexpected project circumstances.
9 Ability to follow County policies, procedures, rules, regulations, etc.
10 Overall comfort level with hiring the company in the future (customer satisfaction).
TOTAL SCORE OF ALL ITEMS
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Please FAX this completed survey to: By
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