Loading...
Agenda 03/12/2013 Item #16E4 3/12/2013 16.E.4. EXECUTIVE SUMMARY Recommendation to award Request for Proposal (RFP) 13-6045 Independent Legal Services for Value Adjustment Board and to authorize the approval and execution of the contract with Bond Schoeneck & King, PLLC. OBJECTIVE: To secure independent legal counsel for the County's Value Adjustment Board. CONSIDERATIONS: Florida Statute 194.035 requires all counties having a population of more than 75,000 to appoint Special Magistrates for the purpose of taking testimony and making recommendations to the Value Adjustment Board Accordingly, the Purchasing Department issued RFP 13-6045 Independent Legal Counsel for Value Adjustment Board on January 14, 2013. Ninety-six (96) email notifications were sent and 18 firms downloaded the solicitation documents. The County received one (1) proposal and a staff selection committee convened on February 14, 2013, and selected Bond Schoeneck & King, PLLC. Staff, in conjunction with the Clerk of the Courts, Minutes and Records and the County Attorney's Office, has prepared the agreement for the provision of these services. The contract provides that Bond Schoeneck & King will be paid on an hourly basis, at a rate of$250 per hour. Staff recommends that the Board award RFP 13-6045 Independent Legal Counsel for Value Adjustment Board and approve entering into the attached contract with Bond Schoeneck & King. This action must be approved by the Board, the School Board and the Value Adjustment Board. FISCAL IMPACT: The total all inclusive cost for services under this agreement is estimated to be approximately $12,000 per annum. This cost is shared with the District School Board, which by statute is responsible for two-fifths of these expenses. The County will pay these costs and invoice the School Board for its respective share. These expenditures are included in the operating budget in the General Fund (001), Other General Administrative cost center (103010). LEGAL CONSIDERATIONS:This item has been reviewed and approved by the County Attorney's Office, is legally sufficient for Board action and only requires a majority vote for approval—SRT. GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan. RECOMMENDATION: That the Board of County Commissions awards Request for Proposal (RFP) 13-6045 Independent Legal Services for Value Adjustment Board and authorize approval and execution of the contract to Bond Schoeneck & King, PLLC. PREPARED BY: Joanne Markiewicz, Interim Purchasing /General Services Director Trish Morgan, Manager, Clerk of Courts Minutes and Records Manager Attachments • RFP 13-6045 Independent Legal Counsel for Value Adjustment Board • 13-6045 Selection Committee Ranking • 13-6045 Agreement Packet Page-1800- 3/12/2013 16.E.4. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.E.16.E.4. Item Summary: Recommendation to award Request for Proposal (RFP) 13-6045 Independent Legal Services for Value Adjustment Board and authorize the Board's representative to approve the contract to Bond Schoeneck & King, PLLC. Meeting Date: 3/12/2013 Prepared By Name: MarkiewiczJoanne Title: Manager-Purchasing Acquisition,Purchasing&Gene 2/19/2013 11:33:41 AM Submitted by Title: Manager-Purchasing Acquisition,Purchasing&Gene Name: MarkiewiczJoanne 2/19/2013 11:33:42 AM Approved By Name: pochopinpat Title: Administrative Assistant,Facilities Management Date: 2/21/2013 12:05:34 PM Name: MorganTrish Date: 2/25/2013 9:27:51 AM Name: JohnssenDerek Title: Gen. Accnt Manager-Clerk of Courts Date: 2/26/2013 11:25:53 AM Name: WardKelsey Title: Manager-Contracts Administration,Purchasing&Ge Date: 2/28/2013 1:53:19 PM Name: MarkiewiczJoanne Packet Page-1801- 3/12/2013 16.E.4. Title: Manager-Purchasing Acquisition,Purchasing&Gene Date: 2/28/2013 4:26:00 PM Name: MarkiewiczJoanne Title: Manager-Purchasing Acquisition,Purchasing& Gene Date: 2/28/2013 4:26:32 PM Name: PriceLen Title: Administrator, Administrative Services Date: 3/1/2013 8:23:17 AM Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 3/1/2013 8:33:02 AM Name: PryorCheryl Title: Management/Budget Analyst, Senior,Office of Manag Date: 3/1/2013 12:33:05 PM Name: KlatzkowJeff Title: County Attorney Date: 3/1/2013 2:54:38 PM Name: IsacksonMark Title:Director-Corp Financial and Mgmt Svs,CMO Date: 3/1/2013 4:0.1:12 PM Aaikk Packet Page-1802- 3/12/2013 16.E.4. AGREEMENT 13-6045 Independent Legal Services for Value Adjustment Board(VAB) THIS AGREEMENT made and entered into this day of , 2013, by and between Bond, Schoeneck & King, PLLC, hereinafter called the "Attorney" and Collier County, a political subdivision of the State of Florida, and the District School Board of Collier County, hereinafter collectively called the"Value Adjustment Board" (VAB). WITNESSETH: 1. COMMENCEMENT. This Agreement shall be for a two (2) year period, commencing on date of final execution, and terminating two (2) years from that date. The VAB, at its discretion, shall have the option to renew this contract after the initial term for one (1) additional two (2) year term. Such renewal shall be under the same terms and conditions. If any change in conditions is negotiated, said renewal will be contingent upon written approval of the Collier County Purchasing Department. 2. STATEMENT OF WORK. The Attorney shall provide Legal Counsel Services in accordance with the Scope of Services of Request for Proposal (RFP)13-6045 "Independent Legal Services for the Value Adjustment Board" and the Attorney's proposal hereto attached and incorporated herein by reference, as well as additional services as required and mutually agreed upon in writing by the VAB and Attorney. 3. COMPENSATION. The VAB shall pay the Attorney for the performance of this Agreement on an hourly basis at a rate of two hundred fifty dollars ($250.00) per hour after receipt of an itemized statement of services, in accordance with the cost proposal submitted in response to RFP 13-6045. The parties hereto will agree to the frequency of any periodic payments, and the annual maximum number of hours shall be fifty (50) hours or twelve thousand five hundred dollars ($12,500.00), unless prior approval is obtained from the Value Adjustment Board. Payments shall be made to the Attorney when an invoice or statement of hourly services is received by the Clerk to the VAB. Attorney agrees to pay for ordinary expenses incurred, including, but not limited to, costs of mailing, copies, facsimiles, telephone expenses, document delivery (e.g., FEDEX, etc.) and secretarial services. Ordinary expenses as used herein shall not include the mailing or copying expense of materials for mass dissemination. However, the parties hereto may agree to include additional expenses or services in this Agreement. 4. NOTICES. All notices from the VAB to the Attorney shall be deemed duly served if mailed or faxed to the Attorney at the following Address: F. Joseph Mackin Ill Bond Schoeneck& King, PLLC 4001 Tamiami Trail, Suite 250 Naples, FL 34103 FAX: 239-659-3812 Telephone: 239-659-3861 Email:jmcmackin @bsk.com All Notices from the Attorney to the VAB shall be deemed duly served if mailed or faxed to: Clerk of the Circuit Court, as Clerk to the VAB Harmon Turner Building, 3299 Tamiami Trail East Suite 401 Naples, Florida 34112 Telephone: (239)252-8399 Fax: (239)252-8408 Packet Page-1803- 3/12/2013 16.E.4. The Attorney and the VAB may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between Collier County or the District School Board and the Attorney or to constitute the Attorney as an agent of Collier County or the District School Board. 6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, Fla. Stats, all permits necessary for the prosecution of the Work shall be obtained by the Attorney. Payment for all such permits issued by the County and all non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Attorney. The Attorney shall also be solely responsible for payment of any and all taxes levied on the Attorney. In addition, the Attorney shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U.S. Government now in force or hereafter adopted. The Attorney agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Attorney. 7. NO IMPROPER USE. The Attorney will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Attorney or if the VAB or its authorized representative shall deem any conduct on the part of the Attorney to be objectionable or improper, the VAB shall have the right to suspend the contract of the Attorney. Should the Attorney fail to correct any such violation, conduct, or practice to the satisfaction of the VAB within twenty-four(24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured 8. TERMINATION. Should the Attorney be found to have failed to perform his services in a manner satisfactory to the VAB as per the requirements of this Agreement, the VAB may terminate said agreement immediately for cause; further the VAB may terminate this Agreement for convenience with a thirty(30)day written notice. The VAB shall be sole judge of non-performance. 9. CONTINUED REPRESENTATION. In the event suspension or termination occurs, Attorney agrees that s/he will continue representation of the VAB as needed to make determinations regarding the suspension, and/or until such time as a replacement counsel can be appointed by the VAB in compliance with 194.015, Fla. Stat. 10. NO DISCRIMINATION. The Attorney agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Attorney shall provide insurance as per the requirements outlined in RFP#13- 6045 as follows: A. Commercial General Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit of Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Attorneys; Products and Completed Operations and Contractual Liability. B. Worker's Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. C. Professional Liability: Coverage shall have minimum limits of$1,000,000. Special Requirements: Collier County and the Value Adjustment Board 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 Packet Page -1804- 3/12/2013 16.E.4. be maintained by Attorney during the duration of this Agreement. Renewal certificates shall be sent to the Purchasing Department 30 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 stipulated insurance coverage. Attorney shall ensure that all Attorneys engaged in providing services under this contract shall comply with the same insurance requirements. The same Attorney shall provide the Collier County Purchasing Department with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION. The Attorney, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and the VAB, and its agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County and the VAB by any employee of the named Attorney, and Sub Attorney, or anyone directly or indirectly employed by any of them. The Attorney's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the Attorney limit of, or lack of, sufficient insurance protection. The first One Hundred Dollars ($100.00)of money received on the contract price is considered as payment of this obligation by the VAB. This section does not pertain to any incident arising from the sole negligence of the County or the VAB. 12.1 The duty to defend under this Article 12 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Attorney, VAB and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Attorney. Attorney's obligation to indemnify and defend under this Article 12 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the VAB or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered by the Clerk to the VAB and the Collier County Purchasing Department. 14. 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: Attorney's Proposal, Insurance Certificate(s), RFP 13-6045, "Independent Legal Counsel for Value Adjustment Board". 15. AMENDMENT. This Agreement can only be amended in a writing executed by all parties in the same manner as this original Agreement. Packet Page-1805- 3/12/2013 16.E.4. IN WITNESS WHEREOF, the undersigned parties have each by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. DATED: BOARD OF COUNTY COMMISSIONERS OF ATTEST: DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: Georgia A. Hiller, Esq., Chairwoman Approved as to form 0-i d legality: stant County Attorney WITNESSES: COLLIER COUNTY DISTRICT SCHOOL BOARD (1) By: Signature Robert C. Spencer, Financial Officer Printed/Typed Name (2) Signature Printed/Typed Name WITNESSES: ATTORNEY (1) By: Signature Signature Printed/Typed Name Typed signature and title (2) Signature CORPORATE SEAL Printed/Typed Name (Corporation only) DATED: COLLIER COUNTY VALUE ADJUSTMENT BOARD ATTEST: DWIGHT E. BROCK, CLERK By: Chairperson Packet Page -1806- 3/12/2013 16.E.4. o E_7- \ 0 — § ( \ \C \ y e / _ 0 } v s© . m . 2 } v. <«, y . \ \ . '\ y y \E m \ \ o\ $ o \ $ U . . . ■ .\ 2 . \ $ � ` / 7 ƒ Y a) i k 2© ? � - « G f it f \Z \ E ƒ d n g 2 c _ :.-7 o & _ : m f 2 - ~ 2 2 ƒ Packet P g-1807- 3/12/2013 16.E.4. it* Attendance Sheet Amok Selection Committee Meeting Administrative Sernces Division Collier County Department Sign-in Purchasing Date: 2/14/13; 10AM RFP: 13-6045 Independent Legal Services for the Value Adjustment Board Nam1n e Department 41 '■_ /. --64..0 :1/4--- wptat.---------rttkvi_14-- � `'-- . �J (10 - lv45 Cow..,.4._), Amok G/AcquistionsfTechFormsandLetters/SelectionCommitteeMeetingSigninSheet Revised:4/12/10 Packet Page-1808- 3/12/2013 16.E.4. ci `C. y_ o V O Y" d 8 N .. •1�.� d 7k D V ,2 .,L S W L in g. c 7 '- E O o CY CO n i O - m+a E O ``. E-2 a CO o d`r p m N m C d c - �.�. .a C o, S O_. To 0. E O OI a N = c6 > C L d as � O G N •O- N O .. x N `- CO.�i+ .,.0 N G., U O 0 t0 .0▪ 3 1---'R p -J' `�' N E a E d O O C m a`. - m 27 C L ^7 ` ?$ N N E CO ..Q i°ell.5 °)'° V O - a to `p 0 N . N O),.V N...4. 0 JD a) 7 'O ii }- O. C (trim .nl .0 N c_ U w c:- "`� � D ~ 0 .-- 14 -0 a� m °' Q c fl u N- _o o - na o E c o n c ' O C N O O ( O c w —E 03 "a5 o w cc =cn C) O,3 =..' O E O m N O c C m-aa_.: -o o .o 0 '5 as ,n to I- U ten arc a) S a� I- N> . o o ao m >._ W . E > a) a) m - ) a co o a E a. a o _ O C n 'O ‘. O �N � mm> e0 O O =Q C C w G 'Y C :d O n 0 O Mt0 QInn m N EL . C o '�a d o rn °- c N 0)) C o o u) • a .2 V a1 C @ L N .0 O a o Y a N 3 X U - N Q, U d C .o Y .0 O C C C4) TI- a=i o - r- a a� w ' o C W tD Q N Z o c .u, a c d j • „...41) C1 -. 0 iL (I) E a iz a� w v =o o C o d o m E c c o a� m n 3 • LL i— .-.'' - CO cn 0 Packet Page-1809- �n 3/12/2013 16.E.4. Amok Y m '' .L3, O m.a L 0 " y 0 H ts m, E e — Y _ - 7. m o c. a�rn . Q F m co - y`Q< c42, 9 L 'C - _ i! ;,1,.."--,.'7.-1,,, 0 :Sa.t- � riZi =.7-;,........,:4., .. ,E r C D To al E 0 '0o . ij: - • , ��:C-. ' r4 a; . Q 'a, � . `D r y-CI-t i. N O) ,,in n C 0 o ` aim x o `•� H� '"f.. F�,♦ c),-;" ' E.▪ :TT-T."0_04,1_L t xr > t ' i #sue to J 0 o ° vi.; 3 cvf Zsi O E R.c m E G C ▪ J 2r _ O E O L m v�'_ Dry o E O O O - a c d0 f © O L 10�.'=..eO 3 F C U C i 0- a a) = o W-°C. ..t. O s N r _CI w'- C c N C O,O N U q. i m n C O o Q E O On M 0-,'4) C C o w a� ` ° y If a 0 d o a) o o a- U 0?-0 ` 2 a) .E as 3- al > C L .D T 00 0 _ to > se-Q° 0 C p> 0) tV C"C C .E t ("Ni to Y O en C 6e�_a p _ d E ' N fa, `° m _o E xc' o v ` � � _� �• ° o a� E - o x c 3 ° a — � 0 E " peep W a '> c m m c) o -Vat ^ CO ei a 15 y fa a <i) to d w 0U -0 E . o) o a> > >- t.- m s J E ° a� s o a o C U Y p 3 X U T N a O C s , *5 _7 m a) ui i0 a. m en o o °' .` 1,6) =, 0 c c o E E c .° '— a c E w 0- ° m e as- Of c m E ai ' o O d a) O c- L — a C O_ r a U LL d a) N ,_ CU y > a _ - V a E ors u) c c°� _ CC n m° cn _Packet Page-1810- 16.E.4. /2013 3/12 _ _ I Z;;;, .,,.,;',-,.;3„;.;,t'i...-7 ti ,,=:77;-, 0 7Aa„4/),S.;.(),<:...,,,,.,,, :•FIC,:;C:77., ,c,:;:0;74°'7.-, ',. ..=•I,,:7S,CD.7.33).-"0, 101-:'-'-::- '6- 0 I `x1;!,4,;,S":, 4:251.1.5..-'-,•,-t",7,7-7-77* .1,•,,,..1U-S":"....,-:.:.., i r.,:.'-70''',0*,7•C7:-.7,7:';- ,. r.- ^,.H ... ar ,,, ;,,c '.,;`,',, •e- ,,„.. '777.1.:.f.:4-`,-.7.C, 1'41^,-:.',,,,,:f:77-;7:2.C7•1;:„r.",::,,-1, ,:.,-, ,."3. . 'tii-;-*:47.=°::,,,tyLit'..7.7::•-•:, i,,,;-',Ip•a.‘..:=f;:tr..;:4-...',,,r2';'''.': .<•,-;,,-0;.,:.:.,--12).;±„,c,°o,,,-,,•.7::177',, = 3 c'4.4.,:,,,,,,(1.4.:41r4...■„„.,,,,,,7' i c c_ p•,5=7,0,,,'Ill. f.',',;`,.',2' I c 7...;':#-:...' . ,—, , -T. . , o--:'' ;tn---- - t ... c-- :',-t- -'s Li. ,.....,•,.,,tr,.--ful;no,'„,,,,,,,-...---; rN( 0:,,,:1- 7:-....„..ac,1,---,..,„,-7.... co .1, ,, .....,,,,- .•-....0,,,,-,-,___.----7-ce.- ;.;-,...- s,.... r.,.ty..,;!„.- .= I 2 ----- -._ o o _ o '..4.+:4•1,-.7°-11:1".;.:=4,'''.:'71'7 c tfl 0 -§ -i--- = ?-_ 0 W .Z5 0)-= .z.,- -6, -...= la E_ i ° 0 'cri ww =c ,._ a) S.- , rn _c 0 ;= N w - CU ZE 0) .o - C.. Z --,, .2)17; o • Q,. 5 .-c 0 0 7) f 0 - ,-,-,,'-:---A' -= - - .5 .14„„-71:-.6..,,,m,.;..... '2 :-, '''',:.::01.Z.)72=LAiti-c-' ■ •- o -c-- cv E 0 0 i5 .„„,„,„,, ,,,,,,,,,,,,,,,,,,,c.„-6, ..0 w ..0 = E... co r-- -rn o=_...-4-,,,, pr--o,- -tc). .• a) ,._. — = ...,:-....--- ,It.-c,-,,ta• 'cli ' ° 0 ..„, 0 toc *7) 0 ,V, o.,0-- ,..' 177,77,....7-'7 -1; est COF2Eu9- 03 a) 4'?-77" -n7:I': rr- CI"+.."7"-37'7777,,,:0-.7«t>.,•■,,,- - ..,,,,r;c..,,7•;,..,:i..4:!..7,i-,•,0,,= -0 V z--ct::::..:- _, 0 0 CD C 5 Ca W ,. (5" E > ..= ,z) >, o) .:-,17-,,,L)- a) -c-, ..--, c tn ',1,,,,,,^"•, --f.,' i 5 ya 7:7 ,-,.: . 5 '63 c° 4,--,- - ,, :: cs1 a) 13 0 ' c c.c-- a) > 0 = as co , ,15 ti -.-r--L:':,,- E c ,_.° o 2 .c_t2 '-i-6 .. 0. 73'7 c., Ca in 5 ;,,t7=7.-- I E .0 d) 2 n. ,8F,,,:t---.,.i 'E-Z.- 1 0 .= F., S' sta -..44:.,, 7.... 11: „",', c ,, _cu-— 3.. c.-.) > 0 -c5, c .... - -0-;17)--1-_-Li.., - 1 "6 E2..,-;•:.0:1 - ay..-...1c)..- ; c co CU C ...,,- ...z. a).-,',.......1 ,-,0)10,:;..,,-A^1 .' 1 2 5 c co > c 0 a) 6- V ...:".. ° -t 0 E:-,' . ,7.- ,5 -o .., c ,, '.--- `—, ,2, ,:'.. ..--:.:- an = 0 u) •,-= 0 .:-= „, a) = CU a) „., z7-,. .., 0 >. c7:-, P • E in 0 : , :: -=',--- ::: 0 CU ..::-,-:- °,-,--:=•,,,T---- 7,,." .- -0 L- 0 0 v; -0 a tm — ci, 0 .EE ,:„.,',. -6 = a) ',-,5 2 cu . C' = ..c - ----,- -,'..:.or,--,-,f,,-;L:27.--. ,D _ E a) 7 0 .. ...e• c.--Ii--„-. ' E .e,---,.::: c co -0 - ai ,-(2- :2 ...r..... c ,... o ° 0 :.:"-,-,-'.,, : :45',, -..--;..- cv - 1.=.:..-7. -,. zt.'t:-----,-; a) er c cal '=,:,...,,,'`..,"..::'.;',---:,.... -1811- (i) cu3 a. -6..::::::',:-t....• "--:7';,;-:T - c c *c." -tc • -,..---. ....:---,4'-:--77.,., c .. 0 Packet 0 : ^ ,:-:*.: ,, t Page-181 . 0.-•....f....,,,,,,, .......,,.. - :......,;* :,,;,, ,,-- I_ ,. cL _ o _ 3/12/2013 16.E.4. REQUEST FOR PROPOSAL tu . CO Cinfrity Adrs ►e serves Divisbn Purchasing COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Solicitation 13-6045 Independent Legal Services for Value . Adjustment Board Joanne Markiewicz, Interim Purchasing Director 239-252-8975 (Telephone) 239-252-6480(Fax) joannemarkiewicz @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. �pL1JF� Purchases g Department.3327 Tamiami Trail East•Naples,Florida 34112-4901•www.colliergov.net'purchasing Packet Page-1812- 3/12/2013 16.E.4. Table of Contents LEGAL NOTICE 3 EXHIBIT I:SCOPE OF WORK,SPECIFICATIONS AND RESPONSE FORMAT 4 EXHIBIT IA:TYPICAL AGREEMENT 12 EXHIBIT II:GENERAL RFP INSTRUCTIONS 16 EXHIBIT III:COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS 20 EXHIBIT IV:ADDITIONAL TERMS AND CONDITIONS FOR RFP 24 ATTACHMENT 1:VENDOR'S NON-RESPONSE STATEMENT 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 40 ATTACHMENT 9: REFERENCE QUESTIONNAIRE 42 13-6045 Independent Legal Services for the Value Adjustment Board RFP_Non_CCNATemplate_0101/2013 2 Packet Page-1813- 3/12/2013 16.E.4. Cow Co unty Administrative Services Moition Purchasing Legal Notice Sealed proposals to provide independent legal services for the Value Adjustment Board will be received until 12 Noon Naples local time, on 2/5/2013 at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. Solicitation: 13-6045 Independent Legal Services for the Value Adjustment Board Services to be provided may include, but not be limited to the following: providing independent legal research and consultation to the Value Adjustment Board, along with coordinating agenda topics and materials, minutes, and other duties as assigned by the Board. All statements shall be made upon the official proposal form which may be obtained on the Collier County Purchasing Department Online Bidding System website: www.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.colliergov.net/purchasinq and in the Lobby of Purchasing Building "G", Collier County Government Center on 1/14/2013. , .,t�J fel r Porchasng '•3301 Taman Trail East•Naples,Florida 34112•www.coll ergov.nevpurenasing 13-6045 Independent Legal Services for the Value Adjustment Board RFP_Non_CCNATempiate_0101/2013 3 Packet Page -1814- 3/12/2013 16.E.4. Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County and the District School Board (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 Attorneys in accordance with the terms, conditions and specifications stated or attached. The Attorney, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. For purposes of this solicitation, all references to the Collier County Board of Commissioners, the County or the BCC shall also include the Collier County School Board; the authority for these services shall be directed and authorized by the Collier County Value Adjustment Board (VAB). Brief Description of Purchase The VAB is interested in receiving proposals which may include, but not be limited to, the following services: providing independent legal research and consultation to the Value Adjustment Board, along with coordinating agenda topics and materials, minutes, review of untimely filed petitions and other duties as assigned by the Board. If awarded, an Agreement to provide these services will be effective on the date contract is approved by the Value Adjustment Board (herein after, the VAB), signed by all required parties and filed in the Office of Minutes and Records. The anticipated Agreement term will be for the Value Adjustment Board meetings for the 2013/2014 Value Adjustment Board calendar year. Background Florida Statute 194.015 has established the Value Adjustment Board for each County. More specifically, the statute outlines the following: "There is hereby created a value adjustment board for each county, which shall consist of two members of the governing body of the county as elected from the membership of the board of said governing body, one of whom shall be elected chairperson, and one member of the school board as elected from the membership of the school board, and two citizen members, one of whom shall be appointed by the governing body of the county and must own homestead property within the county and one of whom must be appointed by the school board and must own a business occupying commercial space located within the school district. A citizen member may not be a member or an employee of any taxing authority, and may not be a person who represents property owners in any administrative or judicial review of property taxes. The members of the board may be temporarily replaced by other members of the respective boards on appointment by their respective chairpersons. Any three members shall constitute a quorum of the board, except that each quorum must include at least one member of said governing board, at least one member of the school board, and at least one citizen member and no meeting of the board shall take place unless a quorum is present. Members of the board may receive such per diem compensation as is allowed by law for state employees if both bodies elect to allow such compensation. The clerk of the governing body of the county shall be the clerk of the value adjustment board. 13-6045 Independent Legal Services for the Value Adjustment Board RFP_Non_CCNATem plate_0101/2013 4 Packet Page -1815- 3/12/2013 16.E.4. The board shall appoint private counsel who has practiced law for over 5 years and who shall receive such compensation as may be established by the board. The private counsel may not represent the property appraiser, the tax collector, any taxing authority, or any property owner in any administrative or judicial review of property taxes. No meeting of the board shall take place unless counsel to the board is present. Two-fifths of the expenses of the board shall be borne by the district school board and three-fifths by the district county commission." Detailed Scope of Work The VAB is interested in receiving proposals which may include, but not be limited to the following services: providing independent legal research and consultation to the Value Adjustment Board, along with coordinating agenda topics and materials, minutes, review of untimely filed petitions and other duties as assigned by the Board. In order to be considered, the firm or individual proposing on this scope of work must provide evidence of: • Current license to practice law in the State of Florida by the Florida Supreme Court/ Florida Bar Association; and • Proposers must have familiarity with and knowledge of appropriate ordinances for the Value Adjustment Board, as well as Chapters 119 and Florida Administrative Code. Experience with quasi-judicial boards or proceedings, other governmental entities and/or • other administrative proceedings are required. The awarded firm(s) or individual(s) responsibilities include: 1. The selected attorney/firm shall not have a conflict in representation. In this regard, no attorney/firm may ever represent a person or entity in a matter before the Board if that attorney/firm is also counsel for the Board in question. Likewise, a Board attorney/firm may not represent the interests of an individual Board member during the period the attorney/firm serves as counsel to the Board. 2. Shall meet the requirements of Florida Statute Section 194.015, as amended, and will maintain all licensure, training and qualifications required by this statute though the completion of this Agreement, including renewals. 3. Attend all Value Adjustment Board meetings and advise the Board on legal issues that arise during meetings. Currently the Board has three (3) meetings including its annual organizational meeting in July. 4. Schedule all Board meetings with assistance from the VAB Clerk. 5. Prepare meeting agendas and agenda materials for each member, which may include proposed rule amendments, legislative updates, or any other documents necessary for the conduct of the meeting or to inform the Board. [The VAB Clerk is responsible for the preparation of the special magistrate recommendations for the agenda.] 6. Review Special Magistrate Recommendations and Record of Decisions for legal sufficiency. 7. Oversee the tax petition process and Special Magistrate hearings and coordinate with the VAB Clerk, Special Magistrates and Property Appraiser staff, as may be necessary to ensure that the process is operating properly and in accordance with State statute and rule, as well as local VAB procedures and directives. As part of this oversight, the VAB attorney will review and respond to petitioner complaints or questions regarding any aspect of the process, such as Special Magistrate conduct or application of a VAB rule of procedure. It is not expected that he VAB Attorney attend all Special Magistrate hearings, but occasional oversight is requested. Amok 13-6045 Independent Legal Services for the Value Adjustment Board RFP_Non_CCNATem plate_0101/2013 5 Packet Page -1816- 3/12/2013 16.E.4. 8. Inform the Board of all legislative measures affecting the assessment and taxation of real property and the VAB hearing process. 9. Review and propose amendments to VAB Rules of Procedure as necessary to incorporate state changes in law and administrative rules, and VAB directives. 10. Prepare resolutions for the Board necessary to the process. 11. Such other tasks as may be assigned by the Board. Additional Information: Travel/mileage expense to be paid based on total number of hours of service provided minus the initial one (1) hour. Term of Contract The VAB intends to select one (1)firm to negotiate a contract term for two (2) years with one (1) additional two (2) year renewal option. Prices shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment must be made on the contract anniversary date, in writing, to the Purchasing Director. Price adjustments are dependent upon the consumer price index (CPI) over the past twelve (12) months, budget availability and program manager approval. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. Projected Solicitation Timetable The following projected timetable should be used as a working guide for planning purposes only. The County reserves the right to adjust this timetable as required during the course of the RFP process. Event Date Issue Solicitation Notice 1/14/2013 Last Date for Receipt of Written Questions 1/22/13, 12 Noon, Naples Local Time Addendum Issued Resulting from Written Questions (if 1/24/2013 needed) Solicitation Deadline Date and Time 2/5/2013, 12 Noon, Naples Local Time Anticipated Evaluation of Submittals February—March 2013 Anticipated VAB Contract Approval Date March—July 2013 Anticipated Contract Start Date Fall 2013 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 13-6045 Independent Legal Services for the Value Adjustment Board RFP_Non_CCNATemplate_0101/2013 6 Packet Page -1817- 3/12/2013 16.E.4. 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 I, Cover Letter/ Management Summary Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein. Include the name(s), telephone number(s) and email(s) of the authorized contact person(s) concerning proposal. Submission of a signed Proposal is Vendor's certification that the Vendor will accept any awards as a result of this RFP. 2. Tab II, Background and Experience of Firm (20 points) In this tab, include the following information in the table format as requested below 1. Number of years experience as a member of the Florida Bar Association. (Enter number of) • Provide evidence of current membership in the Florida Bar Association. 2. Number of years experience in the area of ad valorem taxation in Florida. (Enter number of years) • Provide evidence and a copy of report. 3. Number of years experience in the area of Homestead law in Florida. (Enter number of years) • Provide evidence and a copy of report. 4. Number of years experience in the area of real estate law in Florida. (Enter number of years) • Provide evidence and a copy of report. a 13-6045 Independent Legal Services for the Value Adjustment Board RFP_Non_CCNATemplate_0101/2013 7 Packet Page-1818- 3/12/2013 16.E.4. TOTAL(add lines 1 through 4 and enter information in next column) (Add lines 1 through 4 from above to determine total) 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 firm's scores within this Tab and create a ranking from highest number of points to lowest number of points. Items marked with an N/A (or similar notation will be given the score of zero (0)). Firms who do not turn in materials in this format will be counted as zero (0). • The greatest number of points allowed in this criterion will be awarded to the firms who have the highest score. • The next highest firm's number of points will be divided by the highest firm's points which will then be multiplied by criteria points to determine the firm's points awarded. Each subsequent firm's point score will be calculated in the same manner. • Points awarded will be extended to the first decimal point (per Microsoft Excel). The points awarded by firm will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the firm's proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per firm. The Selection Committee may, at their sole discretion modify the reference points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. 3. Tab Ill, Cost of Services to the County (20 points) The VAB reserves the right to select, and further negotiate, prior to contract execution, the hourly rate or per meeting rate for the firm. The hourly rate is inclusive of all charges including, but not limited to: services, labor, administrative overhead, tools, equipment, travel, fuel, etc. Travel/mileage expense to be paid based on total number of hours of service provided minus the initial one (1) hour. In this tab, include: 1. Hourly rate to provide all services outlined in this RFP; travel to be included and to be paid as $ described above. (per hour) • Attach hourly rates for all positions which may be involved in this contract. Alternate Price Option (this option may be considered during the final ranking and contract negotiation phase, and will not be considered to determine the firm criteria point distribution). Per meeting rate to provide all services outlined in this RFP. $ (per meeting) 13-6045 Independent Legal Services for the Value Adjustment Board RFP_Non_CCNATemplate_0101/2013 8 Packet Page-1819- 3/12/2013 16.E.4. 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 review each of the firm per hour price within this Tab and create a ranking from lowest price to the highest price. Items marked with an N/A (or similar notation will be given the score of one (1) dollar higher than the highest cost per hour than the highest firm. Firms who do not turn in materials in this format may be disqualified at the County's sole discretion. • The greatest number of points allowed in this criterion will be awarded to the firms who has the lowest score. • The firm with the lowest price will be divided by the next lowest cost which will then be multiplied by criteria points to determine the firm's points awarded. Each subsequent firm's point score will be calculated in the same manner. • Points awarded will be extended to the first decimal point (per Microsoft Excel). The points awarded by firm will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the firm's proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per firm. The Selection Committee may, at their sole discretion modify the reference points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee 4. Tab IV, Experience and Capacity of Individuals Assigned (20 points) In this tab, include oisk • Provide information that documents the firm's qualifications to produce the required deliverables, including abilities, capacity, skill, and financial strength, and number of years of experience in providing the required services. • Describe the various team members' successful experience in working with one another on previous assignments similar to the scope of work. • Provide professional vitas of each member to be assigned. 5. Tab V, Location and Responsiveness (10 points) Firms will be awarded points for demonstrated experience living and working in Collier County and familiarity with real estate, valuation of property and appraisal services. Firms located/living in Collier or Lee County will receive ten (10) points; firms located/living in Broward, Hendry, Miami Dade or Monroe counties will receive five (5) points; and all other firms will receive one (1) point. In this tab, include: 1. Firm located/living in Collier or Lee counties (insert 10 points). (10 Points for Collier or Lee County) 2. Firm located/living in Hendry, Broward County, Miami Dade or Monroe counties (insert 5 points). Amok 13-6045 Independent Legal Services for the Value Adjustment Board RFP_Non_CCNATem plate_0101/2013 9 Packet Page-1820- 3/12/2013 16.E.4. (5 Points for Broward, Hendry, Miami Dade or Monroe counties) 3. Firm located/living in other locations outside of counties listed above (insert 1 point). (1 Point for Other Locations) 6. Tab VI, References (20 points) In order for the firm to be awarded any points for this tab, the County requests that the firm submits five (5) completed reference forms from clients/customers/business associates whose projects are of a similar nature to this solicitation as a part of their proposal. The County will only use the methodology calculations for the first five (5) references (only) submitted by the firm in their proposal. Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each firm's information provided in this area: • The County shall total each of the firm's five (5) 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)). Firms 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 firms who have the highest score. • The next highest firm's number of points will be divided by the highest firm's points which will then be multiplied by criteria points to determine the firm's points awarded. Each subsequent firm'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 (5) proposers. Firm Total Reference Firm Name Points Awarded Score Firm/Individual 445 20 ABC Firm/Individual 435 19.6 DEF Firm/Individual 425 19.1 GHI Firm/Individual 385 17.3 JKL Firm/Individual 385 17.3 MNO Firm/Individual 250 11.2 PQR The points awarded by firm will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the firm's proposal to ensure 13-6045 Independent Legal Services for the Value Adjustment Board RFP_Non_CCNATemplate_0101/2013 10 Packet Page-1821- 3/12/2013 16.E.4. consistency and completion of all tasks in the RFP, and review the Points Awarded per firm. The Selection Committee may, at their sole discretion, contact references, and/or modify the reference points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. 7. Tab VII, Acceptance of Conditions Indicate any exceptions to the general terms and conditions of the RFP, and to insurance requirements or any other requirements listed in this RFP. If no exceptions are indicated in this tabbed section, it will be understood that no exceptions to these documents will be considered after the award, or if applicable, during negotiations. Exceptions taken by a Vendor may result in evaluation point deduction(s) and/or exclusion of proposal for Selection Committee consideration, depending on the extent of the exception(s). Such determination shall be at the sole discretion of the County and Selection Committee. 8. Tab VIII, Required Form Submittals • Attachment 2: Vendor Check List • Attachment 3: Conflict of Interest Affidavit • Attachment 4: Vendor Declaration Statement • Attachment 5: Affidavit for Claiming Status as a Local Business • Attachment 6: Immigration Affidavit Certification • Attachment 7: Vendor Substitute W-9 • Attachment 8: Insurance and Bonding Requirements • Attachment 9: Reference Questionnaire Asik • Other: signed addenda, promotional materials, etc. 13-6045 Independent Legal Services for the Value Adjustment Board RFP_Non_CCNATemplate_0101/2013 11 Packet Page-1822- 3/12/2013 16.E.4. Exhibit IA: Typical Agreement THIS AGREEMENT, made and entered into this day of , 2013, by and between hereinafter called the "Attorney" and Collier County, a political subdivision of the State of Florida, and the District School Board of Collier County, hereinafter collectively called the"Value Adjustment Board" (VAB). WITNESSETH: 1. COMMENCEMENT. This Agreement shall be for a two (2) year period, commencing on date of approval by the Board of County Commissioners, and the District School Board of Collier County, and terminating two years from that date. The VAB, at its discretion, shall have the option to renew this contract after the initial term for one (1) additional two (2) year terms. Such renewal shall be under the same terms and conditions. If any change in conditions is negotiated, said renewal will be contingent upon written approval of the Collier County Purchasing Department. 2. STATEMENT OF WORK. The Attorney shall provide Legal Counsel Services in accordance with the Scope of Services of 13-6045 Independent Legal Services for the Value Adjustment Board and the Attorney's proposal hereto attached and incorporated herein by reference, as well as additional services as required and mutually agreed upon in writing by the Value Adjustment Board and Attorney. 3. COMPENSATION. The VAB shall pay the Attorney for the performance of this Agreement on a fixed fee basis, or on an hourly basis after receipt of an itemized statement of services, in accordance with the cost proposal submitted in response to RFP 13-6045. The parties hereto will agree to the frequency of any periodic payments. Payments shall be made to the Attorney when an invoice or statement of hourly services is received by the Clerk to the VAB. Attorney agrees to pay for ordinary expenses incurred, including, but not limited to, costs of mailing, copies, facsimiles, telephone expenses, document delivery (e.g., FEDEX, etc.) and secretarial services. Ordinary expenses as used herein shall not include the mailing or copying expense of materials for mass dissemination. However, the parties hereto may agree to include additional expenses or services in this Agreement. 4. NOTICES. All notices from the VAB to the Attorney shall be deemed duly served if mailed or faxed to the Attorney at the following Address: Telephone: Facsimile: Cell: All Notices from the Attorney to the VAB shall be deemed duly served if mailed or faxed to: Clerk of the Circuit Court, as Clerk to the VAB Harmon Turner Building, 3329 Tamiami Trail, East Suite 401 Naples, Florida 34112 Tele: (239) 252-8399 Fax: (239)252-8408 The Attorney and the VAB may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 13-6045 Independent Legal Services for the Value Adjustment Board RFP_Non_CCNATem plate_0101/2013 12 Packet Page-1823- 3/12/2013 16.E.4. 5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership Almik between Collier County or the District School Board and the Attorney or to constitute the Attorney as an agent of Collier County or the District School Board. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, Fla. Stats, all permits necessary for the prosecution of the Work shall be obtained by the Attorney. Payment for all such permits issued by the County and all non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Attorney. The Attorney shall also be solely responsible for payment of any and all taxes levied on the Attorney. In addition, the Attorney shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U.S. Government now in force or hereafter adopted. The Attorney agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Attorney. 7. NO IMPROPER USE. The Attorney will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Con-sultant or if the VAB or its authorized representative shall deem any conduct on the part of the Attorney to be objectionable or improper, the VAB shall have the right to suspend the contract of the Attorney. Should the Attorney fail to correct any such violation, conduct, or practice to the satisfaction of the VAB within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured 8. TERMINATION. Should the Attorney be found to have failed to perform his services in a manner satisfactory to the County as per the requirements of this Agreement, the VAB may terminate said agreement immediately for cause; further the VAB may terminate this Agreement for convenience with a thirty (30) day written notice. The VAB shall be sole judge of non-performance. 9. CONTINUED REPRESENTATION. In the event suspension or termination occurs, Attorney agrees that s/he will continue representation of the VAB as needed to make determinations regarding the suspension, 006‘. and/or until such time as a replacement counsel can be appointed by the VAB in compliance with 194.015, Fla. Stat. 10. NO DISCRIMINATION. The Attorney agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Attorney shall provide insurance as per the requirements outlined in RFP #13-6045 as follows: A. Commercial General Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit of Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Attorneys; Products and Completed Operations and Contractual Liability. B. Worker's Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. C. Professional Liability: Coverage shall have minimum limits of$1,000,000. Special Requirements: Collier County and the Value Adjustment Board 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 Attorney during the duration of this Agreement. Renewal certificates shall be sent to the Purchasing Department 30 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 stipulated insurance coverage. Armitt 13-6045 Independent Legal Services for the Value Adjustment Board RFP_Non CCNATemplate_0101/2013 13 Packet Page -1824- 3/12/2013 16.E.4. Attorney shall insure that all sub Attorneys comply with the same insurance requirements that he is required to meet. The same Attorney shall provide the Collier County Purchasing Department with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION. The Attorney, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and the VAB, and its agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County and the VAB by any employee of the named Attorney, and Sub Attorney, or anyone directly or indirectly employed by any of them. The Attorney's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the Attorney limit of, or lack of, sufficient insurance protection. The first One Hundred Dollars ($100.00) of money received on the contract price is considered as payment of this obligation by the County. This section does not pertain to any incident arising from the sole negligence of the County or the VAB. 12. CONTRACT ADMINISTRATION. This Agreement shall be administered by the Clerk to the VAB and the Collier County Purchasing Department. 13. 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: Attorney's Proposal, Insurance Certificate(s), RFP 13-6045, "Independent Legal Counsel for Value Adjustment Board". 14. AMENDMENT. This Agreement can only be amended in a writing executed by all parties in the same manner as this original Agreement. IN WITNESS WHEREOF, the undersigned parties have each by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. DATED: BOARD OF COUNTY COMMISSIONERS OF ATTEST: DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: Georgia A. Hiller, ESQ., Chairperson Approved as to form and legal sufficiency: Assistant County Attorney WITNESSES: COLLIER COUNTY DISTRICT SCHOOL BOARD (1) By: Signature Robert C. Spencer, Financial Officer Printed/Typed Name (2) 13-6045 Independent Legal Services for the Value Adjustment Board RFP_Non_CCNATemplate_0101/2013 14 Packet Page-1825- 3/12/2013 16.E.4. Signature Printed/Typed Name WITNESSES: ATTORNEY (1) By: Signature Signature Printed/Typed Name Typed signature and title (2) Signature CORPORATE SEAL Printed/Typed Name (Corporation only) DATED: COLLIER COUNTY VALUE ADJUSTMENT BOARD ATTEST: DWIGHT E. BROCK, CLERK By: , Chairperson Al Mit 13-6045 Independent Legal Services for the Value Adjustment Board RFP_Non_CCNATemplate_0101/2013 15 Packet Page-1826- 3/12/2013 16.E.4. Exhibit II: General RFP Instructions 1. Questions Direct questions related to this RFP to the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Purchasing Department Online Bidding System website. For general questions, please call the referenced Procurement Strategist noted on the cover page. 2. Pre-Proposal Conference The purpose of the pre-proposal conference is to allow an open forum for discussion and questioning with County staff regarding this RFP with all prospective Vendors having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the RFP. Only written responses to written questions will be considered official, and will be included as part of this RFP as an addendum. All prospective Vendors are strongly encouraged to attend, as, this will usually be the only pre- proposal conference for this solicitation. If this pre-proposal conference is denoted as "mandatory", prospective Vendors must be present in order to submit a proposal response. 3. Compliance with the RFP Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFP may result in disqualification. 4. Ambiguity, Conflict, or Other Errors in the RFP It is the sole responsibility of the Vendor if the Vendor discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, to immediately notify the Procurement Strategist, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Strategist will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the Purchasing Department. 5. Proposal, Presentation, and Protest Costs The County will not be liable in any way for any costs incurred by any Vendor in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures. 6. Delivery of Proposals All proposals are to be delivered before 12 Noon, Naples local time, on or before 2/5/2013 to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 13-6045 Independent Legal Services for the Value Adjustment Board RFP_Non_CCNATemplate_0101/2013 16 Packet Page -1827- 3/12/2013 16.E.4. Attn: Joanne Markiewicz, Interim Purchasing Director Oft The County does not bear the responsibility for Y p ty proposals delivered to the Purchasing Department past the stated date and/or time indicated, or to an incorrect address by Attorney's personnel or by the Attorney's outside carrier. However, the Purchasing/General Services Director, or designee, reserves the right to accept proposals received after the posted close time under the following conditions: • The tardy submission of the proposal is due to the following circumstances, which may include but not be limited to: late delivery by commercial carrier such as Fed Ex, UPS or courier where delivery was scheduled before the deadline. • The acceptance of said proposal does not afford any competing firm an unfair advantage in the selection process. Vendors must submit one (1) paper copy clearly labeled "Master," and four (4) 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 or designee shall appoint a Selection Committee to review all proposals submitted. 2. Request for Proposals issued. 3. Subsequent to the closing of proposals, the Procurement Strategist will review the proposals received and verify whether each proposal appears to be minimally responsive to the requirements of the published RFP. 4. Meetings will be open to the public and the Procurement Strategist shall publicly post prior notice of such meeting in the lobby of the Purchasing Building at least one (1) day in advance of all such meetings. 5. The committee members will review each Proposal individually and score each proposal based on the evaluation criteria stated herein. 6. Prior to the first meeting of the selection committee, the Procurement Strategist will post a notice announcing the date, time and place of the first committee meeting. Said notice shall 13-6045 Independent Legal Services for the Value Adjustment Board RFP_Non_CC NATem plate_0101/2013 17 Packet Page-1828- 3/12/2013 16.E.4. be posted in the lobby of the Purchasing Building not less than three (3)working days prior to the meeting. The Procurement Strategist will also post prior notice of all subsequent committee meetings and shall endeavor to post such notices at least one (1) day in advance of all subsequent meetings. 7. The committee will compile individual rankings, based on the evaluation criteria as stated herein, for each proposal to determine committee recommendations. The committee may at their discretion, schedule presentations or demonstrations from the top-ranked firm(s), make site visits, and obtain guidance from third party subject matter experts. The final recommendation will be decided based on review of scores and consensus of committee. The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, and/or amendments as it may deem appropriate. Receipt of a proposal by the County or a submission of a proposal to the County offers no rights upon the Vendor nor obligates the County in any manner. Acceptance of the proposal does not guarantee issuance of any other governmental approvals. Proposals which include provisions requiring the granting of zoning variances shall not be considered. 10. References The County reserves the right to contact any and all references pertaining to this solicitation and related proposal. 11. Proposal Selection Committee and Evaluation Factors The County Manager shall appoint a Selection Committee to review all proposals submitted. The factors to be considered in the evaluation of proposal responses are listed below. Tab II, Background and Experience of Firm 20 Tab III, Cost of Services to the County 20 Tab IV, Experience and Capacity of Individuals Assigned 20 Tab V, Location and Responsiveness 10 Tab VI, References 20 Local Vendor Preference 10 TOTAL 100 Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the firm with the lowest paid dollars by Collier County to the vendor(as obtained from the County's financial system) within the last five (5) years will receive the higher individual ranking. If there is a multiple firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall receive the higher ranking, the firm with the next lowest volume of work shall receive the next highest ranking and so on. 12. Acceptance or Rejection of Proposals The right is reserved by the County to waive any irregularities in any proposal, to reject any or all proposals, to re-solicit for proposals, if desired, and upon recommendation and justification by Collier County to accept the proposal which in the judgment of the County is deemed the most advantageous for the public and the County of Collier. 13-6045 Independent Legal Services for the Value Adjustment Board RFP_Non_CCNATemplate_0101/2013 18 Packet Page-1829- 3/12/2013 16.E.4. Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, Amok 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. A Wilk 13-6045 Independent Legal Services for the Value Adjustment Board RFP Non_CCNATemplate_0101/2013 19 Packet Page-1830- 3/12/2013 16.E.4. 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 13-6045 Independent Legal Services for the Value Adjustment Board RFP_Non_CCNATem plate_0101/2013 20 Packet Page-1831- 3/12/2013 16.E.4. 5. Time Is Of the Essence and transportation shall conform to all Alik 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 Amok 13-6045 Independent Legal Services for the Value Adjustment Board RFP_Non_CCNATemplate_0101/2013 21 Packet Page -1832- 3/12/2013 16.E.4. 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 13-6045 Independent Legal Services for the Value Adjustment Board RFP_Non_CCNATemplate_0101/2013 22 Packet Page-1833- 3/12/2013 16.E.4. 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 Ai Ilk 13-6045 Independent Legal Services for the Value Adjustment Board RFP_Non_CCNATemplate_0101/2013 23 Packet Page-1834- 3/12/2013 16.E.4. 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 Attorney, 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 Attorneys 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 Value Adjustment Board shall be named as the Certificate Holder. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida The amounts and types of insurance coverage shall conform to the minimum requirements set forth in the Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide 13-6045 Independent Legal Services for the Value Adjustment Board RFP_Non_CCNATemplate 0101/2013 24 Packet Page-1835- 3/12/2013 16.E.4. 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. Auk Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 2. Offer Extended to Other Governmental Entities Collier County encourages and agrees to the successful vendor extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful vendor. 3. Additional Items and/or Services Additional items and / or services may be added to the resultant contract, or purchase order, in compliance with the Purchasing Policy. 4. Use of Subcontractors Firms may not subcontract this work. 5. County's Right to Inspect The County or its authorized Agent shall have the right to inspect the Vendor's facilities/project site during and after each work assignment the Vendor is performing. 6. Additional Terms and Conditions of Contract Collier County has developed standard contracts/agreements, approved by the Board of County Commissioners (BCC). The selected Vendor shall be required to sign a standard Collier County contract within twenty one (21) days of Notice of Selection for Award. The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the Vendor. 7. Payment Method 13-6045 Independent Legal Services for the Value Adjustment Board RFP_Non_CCNATemplate_0101/2013 25 Packet Page-1836- 3/12/2013 16.E.4. Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor's invoices must include: • Purchase Order Number • Description and quantities of the goods or services provided per instructions on the County's purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk's Finance Department ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or emailed to: bccapclerkcollierclerk.com. Collier County, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. Payment methods include: • Traditional— payment by check, wire transfer or other cash equivalent. • Standard—payment by purchasing card. Collier County's Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation. The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an "Additional Cash Discount." Upon execution of the Contract and completion of each month's work, payment requests may be submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices should be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized by the Project Manager. Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "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. 13-6045 Independent Legal Services for the Value Adjustment Board RFP_Non_CCNATemplate_0101/2013 26 Packet Page -1837- 3/12/2013 16.E4. Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 8. Environmental Health and Safety All Vendors and Sub vendors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-of-way for the purpose of inspection of any Vendor's work operations. This provision is non-negotiable by any department and/or Vendor. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 9. Licenses The Vendor is required to possess the correct Business Tax Receipt, professional license, and any Jaw other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Vendor to submit the required documentation may be grounds to deem Vendor non-responsive. A Vendor, with an office within Collier County is also required to have an occupational license. All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain "active" in Collier County. If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required occupational licenses, please contact the Tax Collector's Office at (239) 252- 2477. 10. Principals/Collusion By submission of this Proposal the undersigned, as Vendor, does declare that the only person or persons interested in this Proposal as principal or principals is/are named therein and that no person other than therein mentioned has any interest in this Proposal or in the contract to be entered into; 13-6045 Independent Legal Services for the Value Adjustment Board RFP_Non_CCNATem plate_0101/2013 27 Packet Page-1838- 3/12/2013 16.E.4. that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. 11. Relation of County It is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor, and that neither the Vendor nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said Vendor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 12. Termination Should the Vendor be found to have failed to perform his services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 13. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a Proposal. 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. 14. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.orq/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 15. 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- Attorney 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- Attorney 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. 16. Survivability 13-6045 Independent Legal Services for the Value Adjustment Board RFP_Non CCNATemplate_0101/2013 28 Packet Page-1839- 3/12/2013 16.E.4. Bids (ITBs/RFPs): The Attorney/Contractor/Vendor agrees that any Work Order/Purchase Order that extends beyond the expiration date of Solicitation 13-6045 Independent Legal Services for the Value Adjustment Board resultant of this solicitation will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of any Work Order/Purchase Order. 17. Protest Procedures Any actual or prospective Vendor to a Request for Proposal, who is aggrieved with respect to the former, shall file a written protest with the Purchasing Director prior to the due date for acceptance of proposals. All such protests must be filed with the Purchasing Director no later than 11:00 a.m. Collier County time on the final published date for the acceptance of the Request for Proposals. The Board of County Commissioners will make award of contract in public session. Award recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and Thursdays. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Purchasing Director. 18. 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 Auk services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity tea, 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 Attorney 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. 19. 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. 20. 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. 13-6045 Independent Legal Services for the Value Adjustment Board RFP_Non_CCNATemplate_0101/2013 29 Packet Page -1840- 3/12/2013 16.E.4. 21. Prohibition of Gifts to County Employees No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 22. 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 Bidder/Vendor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's /vendor's proposal may be deemed non-responsive. Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: htto://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 seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 13-6045 Independent Legal Services for the Value Adjustment Board RFP_Non_CCNATemplate_0101/2013 30 Packet Page-1841- 3/12/2013 16.E.4. 23. Collier County Local Preference Policy Collier County provides an incentive to local business to enhance the opportunities of local businesses in the award of County contracts. In the evaluation of proposals, the County rewards Vendors for being a local business by granting a ten (10) points incentive in the evaluation criterion points. A "local business" is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. The vendor must complete and submit with their proposal response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a vendor to submit this Affidavit with their proposal response will preclude said Vendor from being considered for local preference under this solicitation. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to Alow the County will lose the privilege to claim Local Preference status for a period of up to one year. • 13-6045 Independent Legal Services for the Value Adjustment Board RFP_Non_CCNATemplate_0101/2013 31 Packet Page-1842- 3/12/2013 16.E.4. softer Cy Administrative Services Division Purchasing Attachment 1: Vendor's Non-Response Statement The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons for prospective Vendors not wishing to respond to this solicitation. If your firm is not responding to this RFP, please indicate the reason(s) by checking the item(s) listed below and return this form via email or fax, noted on the cover page, or mail to Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. We are not responding to Solicitation 13-6045 Independent Legal Services for the Value Adjustment Board 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 13-6045 Independent Legal Services for the Value Adjustment Board RFP_Non_CCNATemplate_0101/2013 32 Packet Page-1843- 3/12/2013 16.E.4. Corer County Ad-mist-aye Services Division Purchasing Attachment 2: Vendor Check List IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your Proposal. Vendor should check off each of the following items as the necessary action is completed: ❑ The Proposal has been signed. ❑ All applicable forms have been signed and included, along with licenses to complete the requirements of the project. ❑ Any addenda have been signed and included. ❑ The mailing envelope has been addressed to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Joanne Markiewicz, Interim Director of Purchasing ❑ The mailing envelope must be sealed and marked with Solicitation 13-6045 Independent Legal Services for the Value Adjustment Board and 2/5/2013. ❑ 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 Avok 13-6045 Independent Legal Services for the Value Adjustment Board RFP_Non_CCNATemplate_0101/2013 33 Packet Page-1844- 3/12/2013 16.E.4. Co iltr County Adrr>nistatNe Services Division Purchasing Attachment 3: Conflict of Interest Affidavit By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work; and bear on whether the firm (employees, officers and/or agents) has a possible conflict have been fully disclosed. Additionally, the firm (employees, officers and/or agents) agrees to immediately notify in writing the Purchasing/General Services Director, or designee, if any actual or potential conflict of interest arises during the contract and/or project duration. Firm: Signature and Date: Print Name Title of Signatory State of County of SUBSCRIBED AND SWORN to before me this day of 20 by , who is personally known to me to be the for the Firm, OR who produced the following identification Notary Public My Commission Expires 13-6045 Independent Legal Services for the Value Adjustment Board RFP_Non_CCNATem plate_0101/2013 34 Packet Page-1845- 3/12/2013 16.E.4. C.,otrier County Alow Adrninisi alive Services Division Purchasing Attachment 4: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: Solicitation: 13-6045 Independent Legal Services for the Value Adjustment Board 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: 13-6045 Independent Legal Services for the Value Adjustment Board. Amok (Proposal Continued on Next Page) 13-6045 Independent Legal Services for the Value Adjustment Board RFP_Non_CCNATem plate_0101/2013 35 Packet Page -1846- • 3/12/2013 16.E.4. 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 13-6045 Independent Legal Services for the Value Adjustment Board R FP_Non_CCNATem plate_0101/2013 36 Packet Page -1847- 3/12/2013 16.E.4. coffer County Administrative Services Divisor, Purchasing Attachment 5: Affidavit for Claiming Status as a Local Business Solicitation: 13-6045 Independent Legal Services for the Value Adjustment Board (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) imesk 13-6045 Independent Legal Services for the Value Adjustment Board RFP_Non_CC NATem plate_0101/2013 37 Packet Page -1848- 3/12/2013 16.E.4. 4: ..oitier County Acimintstraeve Services Division Purchasing Attachment 6: Immigration Affidavit Certification Solicitation: 13-6045 Independent Legal Services for the Value Adjustment Board This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's) and Request for Proposals(RFP) submittals. Further, Vendors/ Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verifv program, may deem the Vendor/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. 13-6045 Independent Legal Services for the Value Adjustment Board RFP_Non_CCNATemplate_0101/2013 38 • Packet Page-1849- 3/12/2013 16.E.4. Co,er Cow ty Administrative Services Division Aleath Purchasing Attachment 7: Vendor Substitute W—9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. • 1. General Information (provide all information) Taxpayer Name (as shown on income tax return) Business Name (if different from taxpayer name) Address City State Zip Telephone FAX Email Order Information Remit/Payment Information Address Address City State Zip City State Zip _ • FAX FAX Email Email 2. Company Status (check only one) _Individual/Sole Proprietor _Corporation _Partnership _Tax Exempt (Federal income tax-exempt entity Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c)3) Enter the tax classification (D=Disregarded Entity, C=Corporation, P=Partnership) 3. Taxpayer Identification Number(for tax reporting purposes only) Federal Tax Identification Number(TIN) (Vendors who do not have a TIN, will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. Signature Date Title Phone Number 13-6045 Independent Legal Services for the Value Adjustment Board RFP_Non_CCNATemplate_0101/2013 39 Packet Page-1850- 3/12/2013 16.E.4. Co Ter County t{r is ra ve Senarice DiviSion °urrhasinq Attachment 8: Insurance and Bonding Requirements Insurance/Bond Type Required Limits 1. ® Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $ single limit per occurrence 3. ❑ Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current $500,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability 4. ❑ Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor/Attorney shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/Vendor/Attorney or anyone employed or utilized by the Contractor/Vendor/Attorney 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 $ Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 5. ❑ Other insurance as ❑Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ Per Occurrence • $ 500,000 each claim and in the aggregate • $1,000,000 each claim and in the aggregate • $2,000,000 each claim and in the aggregate ® Professional Liability $1,000,000 per claim and in Packet Page -1851- 3/12/2013 16.E.4. the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate AS Ilk ❑ 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 Value Adjustment Board. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. ❑ Thirty (30) Days Cancellation Notice required. 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 13-6045 Independent Legal Services for the Value Adjustment Board RFP_Non_CCNATem plate_0101/2013 41 Packet Page -1852- 3/12/2013 16.E.4. Goer Adrmni trat,ve Services Dvision urcha-mc Attachment 9: Reference Questionnaire Solicitation: 13-6045 Independent Legal Services for the Value Adjustment Board 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." Item Citeria Score 1 Ability to perform the service (and minimize changes). 2 Ability to maintain the service in the timeframe required (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 Service close out (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 service circumstances. 9 Ability to follow direction, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company/individual in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS Please FAX this completed survey to: By 13-6045 Independent Legal Services for the Value Adjustment Board RFP_Non_CCNATem plate_0101/2013 42 Packet Page-1853-