Agenda 06/12/2012 Item #16C3EXECUTIVE SUMMARi'
Recommendation to award Request for Proposal 12 -5839, Loan /Grant Acquisition and Compliance
Services, to Angie Brewer & Associates, LC, in an estimated annual amount not to exceed $300,000.
OBJECTIVE: To procure loan/grant acquisition and compliance services in an efficient and cost -
effective manner to the benefit of rate payers. This contract will provide staff the accessibility to a stable
and reliable source of loan/grant acquisition and compliance services thus enabling a consistent and
timely source of funding for capital projects.
CONSIDERATIONS: This contract will assist staff with loan/grant acquisitions, compliance services,
loan close -outs, and audits. Since 2005, the Public Utilities Division has utilized loan/grant services that
enabled the county to obtain $50 million dollars in State Revolving Fund (SRF) loans. Consistent with
the Division's pay -as- you -go approach, no new SRF loans are being considered at this time. However,
this contract will provide a vehicle for future sources of funding if the need arises. Request for Proposal
(RFP) 12 -5839 was publically advertised on February 10, 2012. A total of 524 e -mail notices were sent
through the County's online bidding system; 36 packages were downloaded. Three proposals were
received by the closing date of March 8, 2012. A Selection Committee reviewed the proposal packages
and met on May 2, 2012, to score and rank the proposals. By consensus of the committee, Angie Brewer
& Associates, LC, of Bradenton, Florida, was selected as the top ranked firm. The negotiated contract
terms are for an initial five years with two additional one -year renewal options.
FISCAL IMPACT: Estimated annual expenditures are not expected to exceed $300,000 but will be
dependent on the number and scope of the proposals. The funding for each proposal under the approved
contract will come from each user Department. It is anticipated that the Operations Support, and Planning
and Project Management Departments, on behalf of water and wastewater capital projects, will be the
predominant users of this contract. Proposals made in FY2012 are to be consistent with the FY2012
budget approved by the Board of County Commissioners (Board) on September 22, 2011. Proposals
made in the years beyond FY2012 will be consistent with future budgets as they are adopted. Anticipated
individual proposals are to be consistent with the 2008 Wastewater and Water Master Plan Updates
adopted by the Board on June 24, 2008, Agenda Item 10G, and any subsequent Master Plan Updates.
Sources of funds are anticipated to be Water Impact Fees (411), Water User Fees (412), Sewer Impact
Fees (413), Sewer User Fees (414), and the County Water /Sewer Operating Fund (408).
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 are no impacts on the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners, as Ex- officio the Governing Board
of the Collier County Water -Sewer District award RFP 12 -5839, Loan Grant Acquisition and Compliance
Services, to Angie Brewer & Associates, LC, and authorize its Chairman to execute the contract after
approval by the County Attorney's Office.
Prepared By: Laura Zautcke, Senior Management & Budget Analyst, Public Utilities Operations Support
Attachments: Contract 12 -5839 RFP 12 -5839
Addendum to RFP 12 -5839 Final Ranking
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6/12120/2 Item
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.3.
Item Summary: Recommendation to award Request for Proposal 12 -5839, Loan /Grant
Acquisition and Compliance Services, to Angie Brewer & Associates, LC, in an estimated annual
amount not to exceed $300,000.
Meeting Date: 6/12/2012
Prepared By
Name: ZautckeLaura
Title: Management Analyst, Senior, Utility Finance Ops.
5/21/2012 5:15:01 PM
Approved By
Name: WidesTom
Title: Director - Operations Support - PUD,Utilities Fina
Date: 5/22/2012 8:17:25 AM
Name: HapkeMargie
Title: Operations Analyst, Public Utilities
Date: 5/22/2012 9:28:32 AM
Name: MarkiewiczJoanne
Title: Manager - Purchasing Acquisition,Purchasing & Gene
Date: 5/22/2012 2:03:19 PM
Name: DeLeonDiana
Title: Contracts Technician, Purchasing
Date: 5/22/2012 3:09:05 PM
Name: WardKelsey
Title: Manager - Contracts Administration,Purchasing & Ge
Date: 5/23/2012 12:31:17 PM
Name: YilmazGeorge
Title: Director - Wastewater,Wastewater
Date: 5/23/2012 6:13:21 PM
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Name: TeachScott
Title: Deputy County Attomey,County Attorney
Date: 5/24/2012 1:56:45 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 5/25/2012 8:54:34 AM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 6/5/2012 10:58:33 AM
Name: OchsLeo
Title: County Manager
Date: 6/5/2012 3:03:09 PM
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6/12/20112 Item
6/12/2012 Item
AGREEMENT12 -5839
for
Loan Grant Acquisition and Compliance Services
THIS AGREEMENT, made and entered into on this day of , 20
by and between Angie Brewer & Associates, L.C., authorized to do business in the State of
Florida, whose business address is 9104 -58t Drive East, Bradenton, Florida 34202, hereinafter
called the "Consultant" and Collier County, a political subdivision of the State of Florida,
Collier County, Naples, hereinafter called the "County ":
WITNESSETH:
1. COMMENCEMENT. The contract shall be for a five (5) year period, commencing on
the date of award by the Board of County Commissioners.
The County may, at its discretion and with the consent of the Consultant, renew the
Agreement under all of the terms and conditions contained in this Agreement for two
(2) additional one (1) year periods. The County shall give the Consultant written notice
of the County's intention to renew the Agreement term not less than ten (10) days prior
to the end of the Agreement term then in effect.
2. STATEMENT OF WORK. The Consultant shall provide Loan Grant Acquisition and
Compliance Services ( "Services "), in accordance with the terms and conditions of RFP
#12 -5839 and the Consultant's proposal referred to herein and made an integral part of
this agreement. This Agreement contains the entire understanding between the parties
and any modifications to this Agreement shall be mutually agreed upon in writing by
the Consultant and the County Project or Contract Manager or his designee, in
compliance with the County Purchasing Policy and Administrative Procedures in effect
at the time such services are authorized.
3. ESTIMATES OF WORK. Services shall be mutually agreed upon in writing by the
Consultant and County Department in the form proposals to be attached to, and made
part of, subsequently issued Purchase Orders. The County shall pay the Consultant for
the performance of this Agreement upon completion or partial completion of the tasks
as accepted and approved by the Project Manager or his designee. Payments shall be
made to the Consultant when requested as work progresses, but not more frequently
than once per month. Prior to issuing a Purchase Order for any assignment pursuant to
this Agreement, the County Department shall request that Consultant advise the
County in writing of the estimated time allocation of Consultant's personnel and the
estimated fees thereof for the proposed work to be specified in the assignment.
Consultant shall supply such estimate to County, based on Consultant's good faith
analysis, within ten (10) business days of the request.
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6/12/2012 I err ` Y,
4. COMPENSATION. The compensation (whether based upon a negotiated lump sum,
time and materials, hourly with a cap or some other agreed -to format) contained in each
separate proposal shall be based on the hourly rates as set forth and identified in
Schedule A which is attached hereto, for the time reasonably expended by Consultant's
personnel in performing the Services. The Rate Schedule may be updated by mutual
agreement on renewal anniversary date of the contract if Consultant so requests in
writing. Assignments shall be made by Purchase Order based on Consultant's proposal.
4.1 Payments will be made for services furnished, delivered, and accepted, upon
receipt and approval of invoices submitted on the date of services or within six (6)
months after completion of contract. Any untimely submission of invoices beyond
the specified deadline period is subject to non- payment under the legal doctrine of
"lathes" as untimely submitted. Time shall be deemed of the essence with respect to
the timely submission of invoices under this agreement.
5. INVOICING. The purchase order number must be referenced on each invoice. If this
number does not appear or is omitted, the invoice will be returned to the vendor by the
Accounts Payable Department. Billing problems/ concerns should be directed to the
Public Utilities Operations Department, Building H, 3339 Tamiami Trail East, Suite 305
Naples, Florida 34112. Pavment will be made upon receipt of a proper invoice and in
compliance with Section 218.70, Fla. Stats., otherwise known as the "Local Government
Prompt Payment Act ". Consultant will endeavor to invoice County every thirty (30)
days for services performed against all purchases orders unless no service was provided
by Consultant to County. Consultant may be subject to audit by the County, in the
County's sole discretion.
6. NOTICES. All notices from the County to the Consultant shall be deemed duly served
if mailed or faxed to the Consultant at the following Address:
Angie Brewer & Associates, L.C.
9104 -58th Drive East
Bradenton, FL 34202
Telephone: 941 - 756 -5800; Fax: 941- 756 -0804
E -mail: president @angiebrewer.com
Attention: Mark A. Brewer, President
All Notices from the Consultant to the County shall be deemed duly served if mailed or
faxed to the County to:
J
Board of County Commissioners
Collier County Florida
Purchasing Department, Purchasing Building
3327 Tamiami Trail East
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6/1212012 Item 1.3..
Naples, FL 34112
Attention: Joanne Markiewicz, Interim Purchasing/ GS Director
Telephone: 239- 252 -8407; Fax: 239- 732 -0844
The Consultant and the County may change the above mailing address at any time
upon giving the other party written notification. All notices under this Agreement must
be in writing.
7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Consultant or to constitute the Consultant as
an agent of the County.
8. NO IMPROPER USE. The Consultant will not use, nor suffer or permit any person to
use in. any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of anv governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Consultant
or if the County or its authorized representative shall deem any conduct on the part of
the Consultant to be objectionable or improper, the County shall have the right to
suspend the contract of the Consultant. Should the Consultant fail to correct any such
violation, conduct, or practice to the satisfaction of the County within twenty -four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to
continue until the violation is cured. The Consultant further agrees not to commence
operation during the suspension period until the violation has been corrected to the
satisfaction of the County.
9. TERMINATION. Should the Consultant be found to have failed to perform his
services in a manner satisfactory to the County as per this Agreement, the County may
terminate said agreement 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.
10. NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination
as to race, sex, color, creed or national origin.
11. INSURANCE. The Consultant shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000
Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage
Liability. This shall include Premises and Operations; Independent Consultants;
Products and Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage
Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and
Employee Non - Ownership.
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6/12/2012 item r•. .
C. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of $1,000,000 for
each accident.
Special Requirements: Collier County Government shall be listed as the Certificate
Holder and included as an Additional Insured on the Comprehensive General Liability
Policy.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Consultant during the duration of this Agreement. Renewal certificates
shall be sent to the County ten (10) days prior to any expiration date. There shall be a.
thirty (30) day notification to the County in the event of cancellation or modification of
any stipulated insurance coverage.
Consultant shall insure that all subConsultants comply with the same insurance
requirements that he is required to meet. The same Consultant shall provide County
with certificates of insurance meeting the required insurance provisions.
12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
Consultant shall indemnify and hold harmless Collier County, its officers and
employees from any and all liabilities, damages, losses and costs, including, but not
limited to, reasonable attornevs' fees and paralegals' fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of the Consultant or anyone
employed or utilized. by the Consultant in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce anv 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.
1
13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Collier County Public Utilities Division.
14. CONFLICT OF INTEREST: Consultant represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in anv manner
with the performance of services required hereunder. Consultant further represents
that no persons having any such interest shall be employed to perform. those services.
15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the following
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Consultant's Proposal, Insurance Certificate, RFP #12 -5839, Scope of Services,
Addendum, and Schedule A, Fee Schedule.
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6/1212012 Item I'S.C.�.
16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this agreement is subject to appropriation by the Board of County
Commissioners.
17. VENUE. This agreement shall be construed in compliance with Florida Laws. Venue shall
be in Collier Countv, Florida.
18. PROHIBITION OF GIFTS TO COUNTS' EMPLOYEES. No organization or individual
shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other
item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, Collier County Ethics Ordinance No. 2004 -05, and County Administrative
Procedure 5311. Violation of this provision may result in one or more of the following
consequences: a. Prohibition by the individual, firm, and /or any employee of the firm
from contact with County staff for a specified period of time; b. Prohibition by the
individual and /or firm from doing business with the County for a specified period of
time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate
termination of any contract held by the individual and /or firm for cause.
19. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement,
the Consultant is formally acknowledging without exception or stipulation that it is fully
responsible for complying with the provisions of the Immigration Reform and Control
Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either
may be amended. Failure by the Consultant to comply with the laws referenced herein
shall constitute a breach of this agreement and the County shall have the discretion to
unilaterally terminate this agreement immediately.
20. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the
discretion of the successful proposer.
21. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement
shall remain in effect.
22. VOLUME OF REQUIRED SERVICES. It is mutually understood and agreed that the
nature, amount and frequency of the Services shall be determined solely by County and
that County does not represent or guarantee unto Consultant that any specific amount of
Services will be requested or required of Consultant pursuant to this Agreement
23. ADDITIONAL ITEMS /SERVICES. Additional items and/or services may be added to
this contract in compliance with the Purchasing Policy.
24. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted
by this Agreement to resolve disputes between the parties, the parties shall make a good
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6 /12/2012 ite^.� .1 .
faith effort to resolve any such disputes by negotiation. The negotiation shall be attended
by representatives of Consultant with full decision - making authority and by County's
staff person who would make the presentation of any settlement reached during
negotiations to County for approval. Failing resolution, and prior to the commencement
of depositions in any litigation between the parties arising out of this Agreement, the
parties shall attempt to resolve the dispute through Mediation before an agreed -upon
Circuit Court Mediator certified by the State of Florida. The mediation shall be attended
by representatives of Consultant with full decision - making authority and by County's
staff person who would make the presentation of any settlement reached at mediation to
County's board for approval. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under section
44.102, Fla. Stat.
Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or
state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction
on all such matters.
25. KEY PERSONNEUPROTECT STAFFING: The Consultant's personnel and management
to be utilized for this project shall be knowledgeable in their areas of expertise. The
County reserves the right to perform investigations as may be deemed necessary to insure
that competent persons will be utilized in the performance of the contract. The Consultant
shall assign as many people as necessary to complete the project on a timely basis, and
each person assigned shall be available for an amount of time adequate to meet the dates
set forth in the Project Schedule. The Consultant shall not change Key Personnel unless
the following conditions are met: (1) Proposed replacements have substantially the same
or better qualifications and/or experience. (2) that the County is notified in writing as far
in advance as possible. The Consultant shall make commercially reasonable efforts to
notify Collier County within seven (7) days of the change. The County retains final
approval of proposed replacement personnel.
26. ORDER OF PRECEDENCE: In the event of anv_ conflict between or among the terms
of any of the Contract Documents, the terms of the Request for Proposal and /or the
Consultant's Proposal, the Contract Documents shall take precedence. In the event of any
conflict between the terms of the RFP and the Consultant's Proposal, the language in the
RFP would take precedence.
27. ASSIGNMENT: Consultant shall not assign this Agreement or any part thereof,
without the prior consent in writing of the County. Any attempt to assign or otherwise
transfer this Agreement, or any part herein, without the Countv's consent, shall be void. If
Consultant does, with approval, assign. this Agreement or any part thereof, it shall require
that its assignee be bound to it and to assume toward Consultant all of the obligations and
responsibilities that Consultant has assumed toward the County.
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6/12/2012 Item
IN WITNESS WHEREOF, the Consultant and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first
above written.
ATTEST:
Dwight E. Brock, Clerk of Courts
By:
Dated:
(SEAL)
First Witness
TTYPe /Print witness namet
Second Witness
17ype /print witness namet
Approved as to form and
legal sufficiency:
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Fred W. Coyle, Chairman
ANGIE BREWER &ASSOCIA TES, L.C.
Consultant
By:
Signature
Typed signature and tide
6/12/2012 Item 1
SCHEDULE A
Collier County Fee Schedule
Contract 12 -5839
"Loan Grant Acquisition and Compliance Services"
Title
Principal
Client/ Program Manager
Senior Project/ Planning Manager
Project/ Planning Manager II
Project/ Planning Manager I
Senior Project/ Planning Coordinator
Project/ Planning Coordinator I
Administrative Manager
Accounting Clerk
Administrative Assistance II
Administrative Assistant I
Rate
$155.00/hr
$130.00/hr
$118.00/ hr
$71.00 /hr
$67.00 / hr
$53.00 / hr
$46.00 /hr
$49.00 / hr
$46.00/ hr
$45.00 / hr
$35.00 / hr
This list is not intended to be all - inclusive. Hourly rate fees for other categories of professional,
support and other services shall be mutually negotiated by the County and firm on a project by
project basis as needed.
END OF SCHEDULE A
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6/12;12012 Item 16.0.3.
ck" ty
Administrative SeMces Dvision
Purr-hazing
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Solicitation 12 -5839 — Loan Grant Acquisition and
Compliance Services
Jack Curran, Purchasing Strategist
239 - 252 -6098 (Telephone)
239 - 252 -6596 (Fax)
JackCurran @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.
Para ashy L eparn ent• 3327 Tam.ami Lai; East • Naplas. Flenda 3,1'12.4901 • aaA,w.cofiergov.reUpurchasing
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6/121'2012 Iteli!
Table of Contents
LEGALNOTICE ................................................................................................................................... ............................... 3
EXHIBIT 1: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT ............................................ ............................... 4
EXHIBIT 11: GENERAL RFP INSTRUCTIONS ............................................................................................ .............................12
EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS ....................................... .............................16
EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP .............................................................. .............................20
ATTACHMENT 1: VENDOR'S NON- RESPONSE STATEMENT .................................................................. .............................28
ATTACHMENT2: VENDOR CHECK LIST ................................................................................................ .............................29
ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT ........................................................................... .............................30
ATTACHMENT 4: VENDOR DECLARATION STATEMENT ....................................................................... .............................31
ATTACHMENTS: AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS ....................................... .............................33
ATTACHMENT 6: IMMIGRATION AFFIDAVIT CERTIFICATION .............................................................. .............................34
ATTACHMENT 7: VENDOR SUBSTITUTE W — 9 .................................................................................... .............................3S
ATTACHMENT 8: INSURANCE AND BONDING REQUIREMENTS ........................................................... .............................36
ATTACHMENT 9: REFERENCE QUESTIONNAIRE ................................................................................... .............................38
RFP12 -5839
Loan Grant Acquisition & Compliance Services
2
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6/12/2612 Item 16.C..'Z.
County
AdministaWe Services Division
Purchasing
Legal Notice
Sealed Proposals to provide loan grant acquisition and compliance services will be received until
3:OOPM Naples local time, on March 8, 2012 at the Collier County Government, Purchasing
Department, 3327 Tamiami Trail E, Naples, FL 34112.
Solicitation
RFP #12 -5839 — "Loan Grant Acquisition and Compliance Services"
Services to be provided shall include, but not be limited to the following: Scope of Service.
A non - mandatory pre - proposal conference will be held on February 29, 2012, commencing promptly
at 9:30 AM, and will be held in the Purchasing Department Conference Room, Collier County
Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112.. If this pre - proposal
conference is denoted as "mandatory", prospective Vendors must be present in order to submit a
proposal response.
All statements shall be made upon the official proposal form which may be obtained on the Collier
County Purchasing Department E- Procurement website: www.colliergov.net/bid.
Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability
or marital status.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
BY: /S/ Stephen Y. Carnell, C.P.M.
Purchasing & General Services Director
This Public Notice was posted on the Collier County Purchasing Department website:
www.colliergov.net /purchasing and in the Lobby of Purchasing Building "G ", Collier County
Government Center on February 10, 2012.
xctS€ttRM,"'�'iT#E�'t•330i 4armati' TrailEas".- Na;�E as. `'ohc7 a'_A112 - rg3t.neIipurC'iasing
RFP12 -5839
Loan Grant Acquisition & Compliance Services
3
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6i i2/1 2012 I 'Lerrl
Exhibit's: Scope of Work, Specifications and Response Format
As requested by the Collier County Public Utilities Division (hereinafter, the "Division or Department "),
the Collier County Board of County Commissioners Purchasing Department (hereinafter, "County')
has issued this Request for Proposal (hereinafter, "RFP ") with the intent of obtaining proposals from
interested and qualified firms in accordance with the terms, conditions and specifications stated or
attached. The resultant agreement may be used by any other Collier County Department or outside
agency per the mutual agreement of the County Purchasing Department and the vendor(s).
The Vendor, at a minimum, must achieve the requirements of the Specifications or Scope of Work
stated herein.
Brief Description of Purchase
Collier County Public Utilities Division is seeking the non - exclusive services of a Loan /Grant
Acquisition and Compliance Services professional to provide planning, solicitation, documentation,
monitoring, and other related services pertaining to the administration of federal, state, or other
potential loans and grants i.e. state revolving funds (SRF) or loans.
Detailed Scope of Work
Collier County Public Utilities Division is seeking a provider of these services which may consist of,
but shall not be limited to, research, oversight of funding related projects, documentation of fund
disbursement, monitoring and documentation of compliance, close -out coordination and assistance,
and draft preparation of audit requirements. The County expect that the successful vendor shall
conduct research, design, draft and present to the County for final review and approval, any, and all
documents as described in each of the following six services.
The County foresees utilizing the successful proposer for the following six services.
1. Planninq and Application Development
a. Review of project concept and design
b. Review budget for grant eligibility and approval
c. Provide cost benefit analyses
d. Assist in negotiation and review of funding agreements
e. Draft and coordinate legal ads and recording of Board of County Commissioner's
Resolutions
f. Assist and participate in presentations to the Board of County Commissioners
g. Work directly with County Attorney and Grant Compliance Office on required reviews
2. Pre - Construction Requirement
a. Prepare facilities plan and submit documentation to funding source provider for contract award
b. Assist in providing information to potential respondents on loan /grant requirements
c. Provide technical assistance during bidding phase in accordance with requirements
d. Provide support at public hearing meetings, including presentations to the Board
e. Provide required bid and other documents for loans /grants
RFP12 -5839
Loan Grant Acquisition & Compliance Services
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6/12/2012 Item 16.u.2J.
f. Independently process forms requiring County management's review and approval, i.e.,
"Authorized Representative Site Certification ".
3. Contractor Processing, Payment and Reporting
a. Assist in review of pay estimates, including stored material invoices
b. Provide cost identification and data entry- for loan /grant eligibility
4. Agency Reporting and Request for Funds
a. Accumulate data for calculation of request for funds
b. Prepare and submit as directed by the County, documentation required to support request for
funds
c. Prepare final request forms and packages
d. Review detail data of grant/loan funds available for amendments
e. Monitor funds requested and cash flow management for loan /grant compliance
f. Prepare Capital Financing Plan
g. Prepare documents for inclusion of specific project
h. Prepare grant related environmental impact assessments for the project
i. Prepare weekly status reports
j. Coordinate with other potential funding source providers
k. Coordinate responses to Regulators and Auditors questions
5. Monitoring for Compliance
a. Review MBE/WBE reports to determine actual level of participation
b. Provide assistance with MBE/WBE status revisions
c. Assist in monitoring Davis -Bacon and other regulatory requirements
d. Monitor grants /loans contractual requirements
6. Program Coordination
a. Schedule and participate in program coordination meetings
b. Review draft change orders for eligibility
c. Coordinate submittals to funding source of change orders and documentation
d. Assist in contract, project and report closeout including final amendment
e. Assist with preparation of documentation for audit of project/program
f. Project close -out assistance with the DEP and external auditors
g. Work directly with consultants to get needed engineering documentation
Term of Contract
The contract term, if an award(s) is /are made is intended to be for (1) one five (5) year term with
two (2) additional one (1) year renewal option periods.
Compensation percentage shall remain firm for the initial term of this contract. Requests for
consideration of a compensation percentage must be made on the contract anniversary date, in
writing, to the Purchasing Director.
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6/12/2012 Item:
Surcharges will not be accepted in conjunction with this contract, and such charges should be
incorporated into the pricing structure.
The Vendor agrees that any Purchase Order that extends beyond the expiration date of the
original Agreement # 12 -5839 will survive and remain subject to the terms and conditions of that
Agreement until the completion or termination of this Purchase Order.
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
2/10/12
Last Date for Receipt of Written Questions
3/2/12, 10:OOam,
Naples Local Time
Non - mandatory pre - solicitation meeting
2/29/12, 9:30am,
Naples Local Time
and Locations
Addendum Issued Resulting from Written Questions or Pre-
TBD
Proposal Conference
Solicitation Deadline Date and Time
March 8, 2012,
3:OOPM, Naples Local
Time
Anticipated Evaluation of Submittals
March/April 2012
Vendor Presentations if Required
TBD
Anticipated Completion of Contract Negotiations
TBD
Anticipated Board of County Commissioner's Contract
Est. May /June 2012
Approval Date
Response Format
The Vendor understands and agrees to abide by all of the RFP specifications, provisions, terms
and conditions of same, and all ordinances and policies of Collier County. The Vendor further
agrees that if it is awarded a contract, the work will be performed in accordance with the
provisions, terms and conditions of the contract.
To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the
guidelines set forth in this RFP.
Any portions of the proposal that do not comply with these guidelines must be so noted and
explained in the Acceptance of Conditions section of the proposal. However, any proposal that
contains such variances may be considered non - responsive.
Proposals should be prepared simply and economically, providing a straightforward concise
description of the Vendor's approach and ability to meet the County's needs, as stated in this
RFP. All proposals should be presented as described in this RFP in PDF or Microsoft Word
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6/1212012 Item 16.G..
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, Executive Summary a
Provide a two -page executive summary with the history and background of the firm, corporate
structure, years in business and current resources in loan assistance.
2. Tab 11, Proposer's Experience & Capacity (25 Points)
Provide the information as requested:
1. Provide the number of SRF loans you have helped clients
execute over the last 5 years (1/1/2007 — 12/31/2011 that
were over $3 million in project costs.
• Provide at least two examples.
2. Of the total number provided in response #1 above, how
many of these SRF loans were for public utilities (water)?
3. Of the total number provided in response #1 above, how
many of these SRF loans were for public utilities
(wastewater)?
4. Provide the number of years the company has been
conducting research, designing, drafting and presenting
to the companies for final review and approval, any, and
all documentation as described in the six services
identified in this solicitation.
TOTAL (Add 1 + 2 + 3 + 4 to determine Proposer's
Experience & Capacity TOTAL
Prior to the Selection Committee reviewing proposals, the following methodology will be
applied to each vendor's information provided in this area in the requested information 1 — 4
above:
• The County shall total Proposer's Experience & Capacity TOTAL by vendor.
• The highest number of points (25) will be awarded to the vendor who has the greatest
number of Proposer's Experience & Capacity TOTAL.
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• The next highest vendor's Proposer's Experience & Capacity TOTAL will be divided by
the highest vendors number of projects which will then be multiplied by 25 points to
determine the vendor's points awarded. Each subsequent vendor's number of project
score will be calculated in the same manner.
• Points awarded will be extended to the first decimal point (per Microsoft Excel).
For illustrative purposes only, see chart for an example of how these points would be
distributed among the six proposers.
Vendor Name
Consultant and
Subcontractor
Ex erience TOTAL
Points Awarded`
Vendor 123
375
25.0
Vendor 456
350
23.3
Vendor 789
225
15.0
Vendor 101
225
15.0
Vendor 201
111
7.4
Vendor 301
50
3.3
The Points Awarded by vendor will be distributed to the Selection Committee prior to their
evaluation of the proposals. The Selection Committee will review the vendor's proposal to
ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per
vendor. The Selection Committee may, at their sole discretion, may modify the pre- scored
points after a thorough review of the proposal and prior to final ranking by the final Selection
Committee.
3. Tab III, Business Plan (maximum 20 points)
• Provide how the firm will accomplish each of the six services for a SRF loan. Include the tasks
and responsibilities that the Public Utilities Division must complete in order to ensure the
successful completion of the project. The six services to be addressed are:
a. Planning and Application Development
b. Pre - Construction Reouirement
c. Contractor Processing, Payment and Reporting
d. Agency Reporting and Request for Funds
e. Monitoring for Compliance
f. Program Coordination
• Describe other sources of low interest financing that the firm would be able available to offer
the County, beyond SRF. These alternate financing sources must be current, viable
programs.
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6/1212012 Item
4. Tab IV, Cost of Services to the County (15 Points)
• Provide the information as requested:
Identify the compensation, represented by a percentage of
the total loan that the firm expects if awarded a contract for
these services.
(expressed as .XX)
(Express the loan compensation percentage as a decimal =
.XX; examples may include .025 or .0375)
• Detail the project compensation milestones through the six services, including when the
milestones occur and how the percentage compensation is calculated.
• Provide proposed hourly rates of principals and al staff (including sub - consultants) that may be
assigned to this contract.
Provide a description of alternative methods of compensation. Include hourly rates for
intended personnel and a fee schedule.
Prior to the Selection Committee reviewing proposals, the following methodology will be applied to
each vendor's information provided in this area in the requested information.
• The highest number of points (15) will be awarded to the vendor who has the lowest
percentage of the total loan.
• The next vendor's lowest percentage of the total loan will be divided by the lowest vendor's
lowest percentage of the total loan which will then be multiplied by 15 points to determine
the vendor's points awarded. Each subsequent vendor's score will be calculated in the same
manner.
• Points awarded will be extended to the first decimal point (per Microsoft Excel).
The Points Awarded by vendor will be distributed to the Selection Committee prior to their
evaluation of the proposals. The Selection Committee will review the vendor's proposal to ensure
consistency and completion of all tasks in the RFP, and review the Points Awarded per vendor.
The Selection Committee may, at their sole discretion, may modify the pre- scored points after a
thorough review of the proposal and prior to final ranking by the final Selection Committee.
5. Tab V, Team Members Assigned (maximum 15 points)
• Identify the firm's transition plan should a vacancy occur in one of the key project positions.
Provide information that documents your firm's personnel assigned to this contract as
requested below:
1. Provide the number of years of SRF experience that the
project manager assigned to this contract has had in the
scope of work identified by the County.
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61121!20 Item.�:.� .
(Attach resume)
2. Provide the number of SRF water loans that the project
manager has coordinated.
3. Provide the number of SRF wastewater loans that the
project manager has coordinated.
4. Identify the number of fulltime equivalents that will be
assigned to Collier County from the firm.
(fulltime is defined as 100% assigned to Collier County)
(Attach resumes)
5. Identify the number of part-time equivalents that will be
assigned to Collier County from the firm.
(part-time is defined as 50% or less assigned to the
Collier County account)
(Attach resumes)
TOTAL Team Members Assigned (Add 1 + 2 + 3 + 4 + 5 to
determine Project Management and Staffing TOTAL
Prior to the Selection Committee reviewing proposals, the following methodology will be
applied to each vendor's information provided in this area in the requested information 1 — 5
above:
• The County shall total Team Members Assigned TOTAL by vendor.
• The highest number of points (15) will be awarded to the vendor who has the greatest
number of Team Members Assigned TOTAL.
• The next highest vendor's Team Members Assigned TOTAL will be divided by the
highest vendor's number of projects which will then be multiplied by 15 points to determine
the vendor's points awarded. Each subsequent vendor's number of project 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 vendor will be distributed to the Selection Committee prior to their
evaluation of the proposals. The Selection Committee will review the vendor's proposal to
ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per
vendor. The Selection Committee may, at their sole discretion, may modify the pre- scored
points after a thorough review of the proposal and prior to final ranking by the final Selection
Committee.
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6/12/2012 Item 16.C..
6. Tab VI, References (Maximum 15 points)
In order for the vendor to be awarded any points for this tab, the County requests that the
vendor submits five (5) completed reference forms from clients whose projects are of a similar
nature to this solicitation as a part of their proposal. The County will only use the methodology
calculations for the first five (5) references (only) submitted by the vendor in their proposal.
Prior to the Selection Committee reviewing proposals, the following methodology will be
applied to each vendor's information provided in this area:
• The County shall total each of the vendor's five reference questionnaires and create a
ranking from highest number of points to lowest number of points. References marked
with an N/A (or similar notation will be given the score of zero (0)). Vendors who do not
turn in reference forms will be counted as zero (0).
• The greatest number of points allowed in this criterion will be awarded to the vendor who
has the highest score.
• The next highest vendor's number of points will be divided by the highest vendor's points
which will then be multiplied by criteria points to determine the vendor's points awarded.
Each subsequent vendor's point score will be calculated in the same manner.
• Points awarded will be extended to the first decimal point (per Microsoft Excel).
For illustrative purposes only, see chart for an example of how these points would be
distributed among the five proposers.
Vendor Name
Vendor Total Reference
Score
Points Awarded
Vendor ABC
445
15.0
Vendor DEF
435
14.7
Vendor GHI
425
14.3
Vendor JKL
385
13.0
Vendor MNO
385
13.0
Vendor PQR
250
8.4
The Points Awarded by vendor will be distributed to the Selection Committee prior to their
evaluation of the proposals. The Selection Committee will review the vendor's proposal to
ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per
vendor. The Selection Committee may, at their sole discretion, may modify the pre- scored
points after a thorough review of the proposal and prior to final ranking by the final Selection
Committee.
7. Tab VII, Required Form Submittals
• Attachment 2: Vendor Check List
• Attachment 3: Conflict of Interest Affidavit
• Attachment 4: Vendor Declaration Statement
• Attachment 5: Affidavit for Claiming Status as a Local Business
• Attachment 6: Immigration Affidavit Certification
• Attachment 7: Vendor Substitute W -9
• Attachment 8: Insurance and Bonding Requirements
• Attachment 9: Reference Questionnaire
• Other: Signed addenda, promotional materials
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Exhibit II: General RFP Instructions
1. Questions
6/12/2012 Item
Direct questions related to this RFP to the Collier County Purchasing Department E- Procurement
website: www.colliergov.net /bid. Vendors must clearly understand that the only official answer or
position of the County will be the one stated on the Collier County Purchasing Department E-
Procurement website. For general questions, please call the referenced Procurement Strategist
noted on the cover page.
2. Pre - Proposal Conference
The purpose of the pre - proposal conference is to allow an open forum for discussion and
questioning with County staff regarding this RFP with all prospective Vendors having an equal
opportunity to hear and participate. Oral questions will receive oral responses, neither of which will
be official, nor become part of the RFP. Only written responses to written questions will be
considered official, and will be included as part of this RFP as an addendum.
All prospective Vendors are strongly encouraged to attend, as, this will usually be the only pre -
proposal conference for this solicitation. If this pre - proposal conference is denoted as "mandatory",
prospective Vendors must be present in order to submit a proposal response.
3. Compliance with the RFP
Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the
RFP may result in disqualification.
4. Ambiguity, Conflict, or Other Errors in the RFP
It is the sole responsibility of the Vendor if the Vendor discovers any ambiguity, conflict,
discrepancy, omission or other error in the RFP, to immediately notify the Procurement Strategist,
noted herein, of such error in writing and request modification or clarification of the document prior
to submitting the proposal. The Procurement Strategist will make modifications by issuing a written
revision and will give written notice to all parties who have received this RFP from the Purchasing
Department.
5. Proposal, Presentation, and Protest Costs
The County will not be liable in any way for any costs incurred by any Vendor in the preparation of
its proposal in response to this RFP, nor for the presentation of its proposal and /or participation in
any discussions, negotiations, or, if applicable, any protest procedures.
6. Delivery of Proposals
All proposals are to be delivered before 3:OOPM, Naples local time, on or before March 8, 2012
to:
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
Attn: Jack Curran Procurement Strategist
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6/12/2012 Item
The County shall not bear the responsibility for proposals delivered to the Purchasing Department
past the stated date and /or time indicated, or to an incorrect address by Vendor's personnel or by
the Vendor's outside carrier. However, the Purchasing /General Services Director, or designee,
shall reserve the right to accept proposals received after the posted close time under the following
conditions:
• The tardy submission of the proposal is due to the following circumstances, which shall
include but not be limited to: late delivery by commercial carrier such as Fed Ex, UPS or
courier where delivery was scheduled before the deadline.
• The acceptance of said proposal does not afford any competing firm an unfair advantage
in the selection process.
Vendors must submit One(1) paper copy clearly labeled "Master," and six(6) compact disks
(CD's) /or flash drives with one copy of the proposal on each Device in Word, Excel or PDF. List
the Solicitation Number and Title on the outside of the box or envelope and devices.
7. Validity of Proposals
No proposal can be withdrawn after it is filed unless the Vendor makes their request in writing to
the County prior to the time set for the closing of Proposals. All proposals shall be valid for a
period of one hundred eighty (180) days from the submission date to accommodate evaluation
and selection process.
8. Method of Source Selection
The County is using the Competitive Sealed Proposals methodology of source selection for this
procurement, as authorized by Ordinance Number 87 -25, and Collier County Resolution Number
2006 -268 establishing and adopting the Collier County Purchasing Policy.
The County may, as it deems necessary, conduct discussions with qualified Vendors determined
to be in contention for being selected for award for the purpose of clarification to assure full
understanding of, and responsiveness to solicitation requirements.
9. Evaluation of Proposals
The County's procedure for selecting is as follows:
1. The County Manager shall appoint a Selection Committee to review all proposals submitted.
2. Request for Proposals issued.
3. Subsequent to the closing of proposals, the Procurement Strategist and Project Manager shall
review the proposals received and verify whether each proposal appears to be minimally
responsive to the requirements of the published RFP.
4. Meetings shall be open to the public and the Procurement Strategist shall publicly post prior
notice of such meeting in the lobby of the Purchasing Building at least one (1) day in advance
of all such meetings.
5. The committee members shall review each Proposal individually and score each proposal
based on the evaluation criteria stated herein.
6. Prior to the first meeting of the selection committee, the Procurement Strategist will post a
notice announcing the date, time and place of the first committee meeting. Said notice shall
be posted in the lobby of the Purchasing Building not less than three (3) working days prior to
the meeting. The Procurement Strategist shall also post prior notice of all subsequent
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6/12120'12 4tem 1 u _-,. .
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.
Proposer's Experience and Capacity 25
Business Plan 20
Cost of Services to the County 15
Team Members Assigned 15
References 15
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.
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6/12/2012 Item
Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind,
may be cause for rejection. In the event of default of the successful Vendor, or their refusal to
enter into the Collier County contract, the County reserves the right to accept the proposal of any
other Vendor or to re- advertise using the same or revised documentation, at its sole discretion.
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6/12/2012 Itern 16 ' .
Exhibit III: Collier County Purchase Order Terms and Conditions
1.
Offer
and to comply with all carrier
This offer is subject to cancellation by the
regulations. Risk of loss of any goods
COUNTY without notice if not accepted by
sold hereunder shall transfer to the
VENDOR within fourteen (14) days of
COUNTY at the time and place of
issuance.
delivery; provided that risk of loss prior
to actual receipt of the goods by the
2.
Acceptance and Confirmation
COUNTY nonetheless remain with
This Purchase Order (including all
VENDOR.
documents attached to or referenced
b)
No charges will be paid by the COUNTY
therein) constitutes the entire agreement
for packing, crating or cartage unless
between the parties, unless otherwise
otherwise specifically stated in this
specifically noted by the COUNTY on the
Purchase Order. Unless otherwise
face of this Purchase Order. Each delivery
provided in Purchase Order, no invoices
of goods and /or services received by the
shall be issued nor payments made
COUNTY from VENDOR shall be deemed to
prior to delivery. Unless freight and
be upon the terms and conditions contained
other charges are itemized, any
in this Purchase Order.
discount will be taken on the full amount
of invoice.
No additional terms may be added and
c)
All shipments of goods scheduled on the
Purchase Order may not be changed except
same day via the same route must be
by written instrument executed by the
consolidated. Each shipping container
COUNTY. VENDOR is deemed to be on
must be consecutively numbered and
notice that the COUNTY objects to any
marked to show this Purchase Order
additional or different terms and conditions
number. The container and Purchase
contained in any acknowledgment, invoice
Order numbers must be indicated on bill
or other communication from VENDOR,
of lading. Packing slips must show
notwithstanding the COUNTY'S acceptance
Purchase Order number and must be
or payment for any delivery of goods and /or
included on each package of less than
services, or any similar act by VENDOR.
container load (LCL) shipments and /or
with each car load of equipment. The
3.
Inspection
COUNTY reserves the right to refuse or
All goods and /or services delivered
return any shipment or equipment at
hereunder shall be received subject to the
VENDOR'S expense that is not marked
COUNTY'S inspection and approval and
with Purchase Order numbers.
payment therefore shall not constitute
VENDOR agrees to declare to the
acceptance. All payments are subject to
carrier the value of any shipment made
adjustment for shortage or rejection. All
under this Purchase Order and the full
defective or nonconforming goods will be
invoice value of such shipment.
returned pursuant to VENDOR'S instruction
d)
All invoices must contain the Purchase
at VENDOR'S expense.
Order number and any other specific
information as identified on the
To the extent that a purchase order requires
Purchase Order. Discounts of prompt
a series of performances by VENDOR, the
payment will be computed from the date
COUNTY prospectively reserves the right to
of receipt of goods or from date of
cancel the entire remainder of the Purchase
receipt of invoices, whichever is later.
Order if goods and /or services provided
Payment will be made upon receipt of a
early in the term of the Purchase Order are
proper invoice and in compliance with
non - conforming or otherwise rejected by the
Chapter 218, Fla. Stats., otherwise
COUNTY.
known as the "Local Government
4.
Shipping and Invoices
Prompt Payment Act," and, pursuant to
a) All goods are FOB destination and must
the Board of County Commissioners
be suitably packed and prepared to
Purchasing Policy.
secure the lowest transportation rates
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Time Is Of the Essence
Time for delivery of goods or performance of
services under this Purchase Order is of the
essence. Failure of VENDOR to meet
delivery schedules or deliver within a
reasonable time, as interpreted by the
COUNTY in its sole judgment, shall entitle
the COUNTY to seek all remedies available
to it at law or in equity. VENDOR agrees to
reimburse the COUNTY for any expenses
incurred in enforcing its rights. VENDOR
further agrees that undiscovered delivery of
nonconforming goods and /or services is not
a waiver of the COUNTY'S right to insist
upon further compliance with all
specifications.
Changes
The COUNTY may at any time and by
written notice make changes to drawings
and specifications, shipping instructions,
quantities and delivery schedules within the
general scope of this Purchase Order.
Should any such change increase or
decrease the cost of, or the time required for
performance of the Purchase Order, an
equitable adjustment in the price and /or
delivery schedule will be negotiated by the
COUNTY and VENDOR. Notwithstanding
the foregoing, VENDOR has an affirmative
obligation to give notice if the changes will
decrease costs. Any claims for adjustment
by VENDOR must be made within thirty (30)
days from the date the change is ordered or
within such additional period of time as may
be agreed upon by the parties.
Warranties
VENDOR expressly warrants that the goods
and /or services covered by this Purchase
Order will conform to the specifications,
drawings, samples or other descriptions
furnished or specified by the COUNTY, and
will be of satisfactory material and quality
production, free from defects and sufficient
for the purpose intended. Goods shall be
delivered free from any security interest or
other lien, encumbrance or claim of any third
party. These warranties shall survive
inspection, acceptance, passage of title and
payment by the COUNTY.
Statutory Conformity
Goods and services provided pursuant to
this Purchase Order, and their production
6/12/2012 Item 16.0.;:.
and transportation shall conform to all
applicable laws, including but not limited to
the Occupational Health and Safety Act, the
Federal Transportation Act and the Fair
Labor Standards Act, as well as any law or
regulation noted on the face of the Purchase
Order.
Advertising
No VENDOR providing goods and services
to the COUNTY shall advertise the fact that
it has contracted with the COUNTY for
goods and /or services, or appropriate or
make use of the COUNTY'S name or other
identifying marks or property without the
prior written consent of the COUNTY'S
Purchasing Department.
10. Indemnification
VENDOR shall indemnify and hold harmless
the COUNTY from any and all claims,
including claims of negligence, costs and
expenses, including but not limited to
attorneys' fees, arising from, caused by or
related to the injury or death of any person
(including but not limited to employees and
agents of VENDOR in the performance of
their duties or otherwise), or damage to
property (including property of the COUNTY
or other persons), which arise out of or are
incident to the goods and /or services to be
provided hereunder.
11. Warranty of Non - Infringement
VENDOR represents and warrants that all
goods sold or services performed under this
Purchase Order are: a) in compliance with
applicable laws; b) do not infringe any
patent, trademark, copyright or trade secret;
and c) do not constitute unfair competition.
VENDOR shall indemnify and hold harmless
the COUNTY from and against any and all
claims, including claims of negligence, costs
and expense, including but not limited to
attorneys' fees, which arise from any claim,
suit or proceeding alleging that the
COUNTY'S use of the goods and /or
services provided under this Purchase Order
are inconsistent with VENDOR'S
representations and warranties in section 11
(a).
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If any claim which arises from VENDOR'S
breach of section 11 (a) has occurred, or is
likely to occur, VENDOR may, at the
COUNTY'S option, procure for the COUNTY
the right to continue using the goods or
services, or replace or modify the goods or
services so that they become non - infringing,
(without any material degradation in
performance, quality, functionality or
additional cost to the COUNTY).
12. Insurance Requirements
The VENDOR, at its sole expense, shall
provide commercial insurance of such type
and with such terms and limits as may be
reasonably associated with the Purchase
Order. Providing and maintaining adequate
insurance coverage is a material obligation
of the VENDOR. All insurance policies shall
be executed through insurers authorized or
eligible to write policies in the State of
Florida.
13. Compliance with Laws
In fulfilling the terms of this Purchase Order,
VENDOR agrees that it will comply with all
federal, state, and local laws, rules, codes,
and ordinances that are applicable to the
conduct of its business. By way of non -
exhaustive example, this shall include the
American with Disabilities Act and all
prohibitions against discrimination on the
basis of race, religion, sex creed, national
origin, handicap, marital status, or veterans'
status. Further, VENDOR acknowledges
and without exception or stipulation shall be
fully responsible for complying with the
provisions of the Immigration Reform and
Control Act of 1986 as located at 8 U.S.C.
1324, et seq. and regulations relating
thereto, as either may be amended. Failure
by the awarded firm(s) to comply with the
laws referenced herein shall constitute a
breach of the award agreement and the
County shall have the discretion to
unilaterally terminate said agreement
immediately. Any breach of this provision
may be regarded by the COUNTY as a
material and substantial breach of the
contract arising from this Purchase Order.
14. Force Majeure
Neither the COUNTY nor VENDOR shall be
responsible for any delay or failure in
performance resulting from any cause
6/12/2012 Item
beyond their control, including, but without
limitation to war, strikes, civil disturbances
and acts of nature. When VENDOR has
knowledge of any actual or potential force
majeure or other conditions which will delay
or threatens to delay timely performance of
this Purchase Order, VENDOR shall
immediately give notice thereof, including all
relevant information with respects to what
steps VENDOR is taking to complete
delivery of the goods and /or services to the
COUNTY.
15. Assignment
VENDOR may not assign this Purchase
Order, nor any money due or to become due
without the prior written consent of the
COUNTY. Any assignment made without
such consent shall be deemed void.
16. Taxes
Goods and services procured subject to this
Purchase Order are exempt from Florida
sales and use tax on real property, transient
rental property rented, tangible personal
purchased or rented, or services purchased
(Florida Statutes, Chapter 212), and from
federal excise tax.
17. Annual Appropriations
The COUNTY'S performance and obligation
to pay under this Purchase Order shall be
contingent upon an annual appropriation of
funds.
18. Termination
This Purchase Order may be terminated at
any time by the COUNTY upon 30 days
prior written notice to the VENDOR. This
Purchase Order may be terminated
immediately by the COUNTY for breach by
VENDOR of the terms and conditions of this
Purchase Order, provided that COUNTY has
provided VENDOR with notice of such
breach and VENDOR has failed to cure
within 10 days of receipt of such notice.
19. General
a) This Purchase Order shall be governed
by the laws of the State of Florida. The
venue for any action brought to
specifically enforce any of the terms and
conditions of this Purchase Order shall
be the Twentieth Judicial Circuit in and
for Collier County, Florida
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b) Failure of the COUNTY to act
immediately in response to a breach of
this Purchase Order by VENDOR shall
not constitute a waiver of breach.
Waiver of the COUNTY by any default
by VENDOR hereunder shall not be
deemed a waiver of any subsequent
default by VENDOR.
c) All notices under this Purchase Order
shall be sent to the respective
addresses on the face page by certified
mail, return receipt requested, by
overnight courier service, or by personal
delivery and will be deemed effective
upon receipt. Postage, delivery and
other charges shall be paid by the
sender. A party may change its address
for notice by written notice complying
with the requirements of this section.
d) The Vendor agrees to reimbursement of
any travel expenses that may be
6/1212012 Item 1.�.u.
associated with this Purchase Order in
accordance with Florida Statute Chapter
112.061, Per Diem and Travel
Expenses for Public Officers, employees
and authorized persons.
e) In the event of any conflict between or
among the terms of any Contract
Documents related to this Purchase
Order, the terms of the Contract
Documents shall take precedence over
the terms of the Purchase Order. To the
extent any terms and /or conditions of
this Purchase Order duplicate or overlap
the Terms and Conditions of the
Contract Documents, the provisions of
the Terms and /or Conditions that are
most favorable to the County and/or
provide the greatest protection to the
County shall govern.
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6112/2012 fern 16.C.�`.
Exhibit IV: Additional Terms and Conditions for RFP
1. Insurance Requirements
The Vendor shall at its own expense, carry and maintain insurance coverage from responsible
companies duly authorized to do business in the State of Florida as set forth in the Insurance and
Bonding attachment of this solicitation. The Vendor shall procure and maintain property insurance
upon the entire project, if required, to the full insurable value of the scope of work.
The County and the Vendor waive against each other and the County's separate Vendors,
Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all
damages covered by property insurance provided herein, except such rights as they may have to the
proceeds of such insurance. The Vendor and County shall, where appropriate, require similar
waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors
and shall require each of them to include similar waivers in their contracts.
Collier County shall be responsible for purchasing and maintaining, its own liability insurance.
Certificates issued as a result of the award of this solicitation must identify "For any and all work
performed on behalf of Collier County."
The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall
name Collier County, Florida, as an additional insured as to the operations of Vendor under this
solicitation and shall contain a severability of interests provisions.
Collier County Board of County Commissioners shall be named as the Certificate Holder. The
"Certificate Holder" should read as follows:
Collier County
Board of County Commissioners
Naples, Florida
The amounts and types of insurance coverage shall conform to the minimum requirements set forth
in the Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and
endorsements or their equivalents. If Vendor has any self- insured retentions or deductibles under
any of the below listed minimum required coverage, Vendor must identify on the Certificate of
Insurance the nature and amount of such self- insured retentions or deductibles and provide
satisfactory evidence of financial responsibility for such obligations. All self- insured retentions or
deductibles will be Vendor's sole responsibility.
Coverage(s) shall be maintained without interruption from the date of commencement of the Work
until the date of completion and acceptance of the scope of work by the County or as specified in this
solicitation, whichever is longer.
The Vendor and /or its insurance carrier shall provide 30 days written notice to the County of policy
cancellation or non - renewal on the part of the insurance carrier or the Vendor. The Vendor shall also
notify the County, in a like manner, within twenty -four (24) hours after receipt, of any notices of
expiration, cancellation, non - renewal or material change in coverage or limits received by Vendor
from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide
notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor
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6/12120112 Item 16.C..
hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full
extent permitted under such policy.
Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County
may terminate the Agreement or at its sole discretion shall be authorized to purchase such
coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the
County for such costs within thirty (30) days after demand, the County has the right to offset these
costs from any amount due Vendor under this Agreement or any other agreement between the
County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it
be responsible for the coverage(s) purchased or the insurance company or companies used. The
decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a
waiver of any of its rights under the Contract Documents.
If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the
scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of
Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of
the Vendor to provide the County with such renewal certificate(s) shall be considered justification for
the County to terminate any and all contracts.
2. Offer Extended to Other Governmental Entities
Collier County encourages and agrees to the successful vendor extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the discretion of
the successful vendor.
3. Additional Items and /or Services
Additional items and / or services may be added to the resultant contract, or purchase order,
in compliance with the Purchasing Policy.
4. Use of Subcontractors
Bidders on any service related project, including construction, must be qualified and directly
responsible for 100% or more of the solicitation amount for said work.
5. County's Right to Inspect
The County or its authorized Agent shall have the right to inspect the Vendor's facilities /project site
during and after each work assignment the Vendor is performing.
6. 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.
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6/12112012 Item A .. .
7. Payment Method
Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218,
Florida Statutes. Vendor's invoices must include:
• Purchase Order Number
• Description and quantities of the goods or services provided per instructions on the County's
purchase order or contract.
Invoices shall be sent to:
Board of County Commissioners
Clerk's Finance Department
ATTN: Accounts Payable
3299 Tamiami Trail E Ste 700
Naples FL 34112
Or, emailed to: bccapclerk(a)-collierclerk.com.
Collier County, in its sole discretion, will determine the method of payment for goods and /or services
as part of this agreement.
Payment methods include:
• Traditional — payment by check, wire transfer or other cash equivalent.
• Standard — payment by purchasing card. Collier County's Purchasing Card Program is supported
by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the
Rules for VISA Merchants and MasterCard Merchant Rules,
Collier County cautions vendors to consider both methods of payment when determining pricing as
no additional surcharges or fees will be considered (per Rules for VISA Merchants and MasterCard
Merchant Rules). The County will entertain bids clearly stating pricing for standard payment methods.
An additional separate discounted price for traditional payments may be provided at the initial bid
submittal if it is clearly marked as an "Additional Cash Discount."
Upon execution of the Contract and completion of each month's work, payment requests shall be
submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that
prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for
payment without prior approval from the Project manager. All invoices must be submitted within the
fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices
submitted after the close of the fiscal year will not be accepted (or processed for payment) unless
specifically authorized by the Project Manager.
Payments will be made for articles and /or services furnished, delivered, and accepted, upon receipt
and approval of invoices submitted on the date of services or within six (6) months after completion of
contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-
payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the
essence with respect to the timely submission of invoices under this agreement.
In instances where the successful contractor may owe debts (including, but not limited to taxes or
other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy
these debts, the County reserves the right to off -set the amount owed to the County by applying the
amount owed to the vendor or contractor for services performed of for materials delivered in
association with a contract.
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6/1211201.2' Item 16.C..'2.
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
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
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x!12,,'2012 Item : -.; ,
other than therein mentioned has any interest in this Proposal or in the contract to be entered into;
that this Proposal is made without connection with any person, company or parties making a
Proposal, and that it is in all respects fair and in good faith without collusion or fraud.
11. Relation of County
It is the intent of the parties hereto that the Vendor shall be legally considered an independent
Vendor, and that neither the Vendor nor their employees shall, under any circumstances, be
considered employees or agents of the County, and that the County shall be at no time legally
responsible for any negligence on the part of said Vendor, their employees or agents, resulting in
either bodily or personal injury or property damage to any individual, firm, or corporation.
12. Termination
Should the Vendor be found to have failed to perform his services in a manner satisfactory to the
County, the County may terminate this Agreement immediately for cause; further the County may
terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be
sole judge of non - performance.
13. Lobbying
All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be
lobbied, either individually or collectively about a project for which a firm has submitted a Proposal.
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 AM
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 submitting a response to this solicitation shall be required
to provide a certificate of authority from the Florida Department of State Divisions of Corporations in
accordance with the requirements of Florida Statute 607.1501 (www.sunbiz.orq /search.html). A copy
of the document shall be submitted with the solicitation response and the document number shall be
identified. Firms who do not provide the certificate of authority at the time of response shall be
required to provide same within five (5) days upon notification of selection for award. If the firm
cannot provide the document within the referenced timeframe, the County reserves the right to award
to another firm.
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 -
consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a
primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub -
consultant to any other firm or firms submitting under the same RFP. All submittals in violation of this
requirement will be deemed non - responsive and rejected from further consideration.
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6/12/2012 Item
In addition, consultants that have participated and /or will participate in the development of
scope, background information or oversight functions on this project are precluded from
submitting a Proposal as either a prime or sub- consultant.
16. 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.
17. Public Entity Crime
A person or affiliate who has been placed on the convicted vendor list following a conviction for a
public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or
services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity
for the construction or repair of a public building or public work; may not submit bids, proposals, or
replies on leases of real property to a public entity; may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not
transact business with any public entity in excess of the threshold amount provided in s. 287.017 for
CATEGORY TWO for a period of 36 months following the date of being placed on the convicted
vendor list.
18. 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.
19. 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.
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6/12/2012 Item.
20. 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.
21. 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: http: / /wvvw.dhs.gov /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 sec.. 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.
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6/12%2012 fterm 1.�.
22. Collier County Local Preference Policy
Collier County provides an incentive to local business to enhance the opportunities of local
businesses in the award of County contracts. In the evaluation of proposals, the County rewards
Vendors for being a local business by granting a ten (10) points incentive in the evaluation criterion
points.
A "local business" is defined as a business that has a valid occupational license issued by either
Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal
submission that authorizes the business to provide the commodities or services to be purchased, and
a physical business address located within the limits of Collier or Lee Counties from which the vendor
operates or performs business. Post Office Boxes are not verifiable and shall not be used for the
purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be
considered a "local business" unless it contributes to the economic development and well -being of
either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited
to, the retention and expansion of employment opportunities, the support and increase to either
Collier or Lee County's tax base, and residency of employees and principals of the business within
Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of
submitting their bid or proposal to be eligible for consideration as a "local business" under this
section.
The vendor must complete and submit with their proposal response the Affidavit for Claiming Status
as a Local Business which is included as part of this solicitation.
Failure on the part of a vendor to submit this Affidavit with their proposal response will
preclude said Vendor from being considered for local preference under this solicitation.
A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to
the County will lose the privilege to claim Local Preference status for a period of up to one year.
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6/12/2012 Item
.: R county
Admnisu ? +ve ServioesDrdision
Purhasinq
Attachment 1: Vendor's Non - Response Statement
The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear,
concise and openly competitive. Therefore, we are interested in ascertaining reasons for prospective
Vendors not wishing to respond to this solicitation. If your firm is not responding to this RFP, please
indicate the reason(s) by checking the item(s) listed below and return this form via email or fax, noted on
the cover page, or mail to Collier County Government, Purchasing Department, 3327 Tamiami
Trail E, Naples, FL 34112.
We are not responding to Solicitation RFP #12 -5839 — "Loan Grant Acquisition and Compliance
services" 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:
Packet Page -1652-
Date
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6/12/2012 Item
er l�tnt
AditNs ve Servioes Divisbn .
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: Jack Curran, Procurement Strategist
❑ The mailing envelope must be sealed and marked with Solicitation RFP #12 -5839 and March 8,
2012.
❑ The Proposal will be mailed or delivered in time to be received no later than the specified due date
and time. (Otherwise Proposal cannot be considered.)
ALL COURIER - DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE
OUTSIDE OF THE COURIER PACKET.
Name of Firm:
Address:
City, State, Zip:
Telephone:
Email:
Representative Signature:
Representative Name:
Packet Page -1653-
Date
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6!12/2012 Item �.
F+"=isr we Services Dvision
Purt;hasinq
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
20 ,
by
identification
Notary Public
My Commission Expires
day of ,
, who is personally known to me to be the
for the Firm, OR who produced the following
Packet Page -1654-
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6/12/2012 Item 160.0-2
.
coley cols
iminsua*ave Sentices Division
Purchasing
Attachment 4: Vendor Declaration Statement
BOARD OF COUNTY COMMISSIONERS
Collier County Government Complex
Naples, Florida 34112
RE: Solicitation: RFP #12 -5839 — "Loan Grant Acquisition and Compliance Services"
Dear Commissioners:
The undersigned, as Vendor declares that this proposal is made without connection or arrangement with
any other person and this proposal is in every respect fair and made in good faith, without collusion or
fraud.
The Vendor agrees, if this proposal is accepted, to execute a Collier County document for the purpose of
establishing a formal contractual relationship between the firm and Collier County, for the performance of
all requirements to which the proposal pertains. The Vendor states that the proposal is based upon the
proposal documents listed by Solicitation: RFP #12 -5839 — "Loan Grant Acquisition and Compliance
Services ".
(Proposal Continued on Next Page)
RFP12 -5839
Loan Grant Acquisition & Compliance Services
31
Packet Page -1655-
6/12/2012 Item.G..
PROPOSAL CONTINUED
IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of 2012 it
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
RFP12 -5839
Loan Grant Acquisition & Compliance Services
32
Packet Page -1656-
6112;2012 Item 16.\'
�o��r �vzc�ttty
Adrr° Nst,atrve Sernoes D-.visicn
Purchasing
Attachment 5: Affidavit for Claiming Status as a Local Business
Solicitation: #12 -5839 — Loan Grant Acquisition and Compliance Serices (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:
STATE OF FLORIDA
❑ COLLIER COUNTY ❑ LEE COUNTY
Title:
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)
Packet Page -1657-
RFP12 -5839
Loan Grant Acquisition & Compliance Services
33
6112,20121tem 116.0-1.
C_ ORWr county
Admantstr sve Senates :NUisior,
:PLrchasrig
Attachment 6: Immigration Affidavit Certification
Sol icitation: #12 -5839 — Loan Grant Acquisition and Compliance Services
This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with
formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are
required to enroll in the E- Verify program, and provide acceptable evidence of their enrollment, at the
time of the submission of the vendor's /bidder's proposal. Acceptable evidence consists of a copy of the
properly completed E- Verify Company Profile page or a copy of the fully executed E- Verify Memorandum
of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment
in the E- Verify program, may deem the Vendor / Bidder's proposal as non - responsive.
Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized
alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section
274A(e) of the Immigration and Nationality Act ( "INA ").
Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e)
of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA
shall be grounds for unilateral termination of the contract by Collier County.
Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration
Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of
Understanding with E- Verify and to provide proof of enrollment in The Employment Eligibility Verification System
(E- Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration
at the time of submission of the Vendor's / Bidder's proposal.
Company Name
Print Name
Title
Signature Date
State of
County of
The foregoing instrument was signed and acknowledged before me this day of
20_, by
who has produced
(Print or Type Name) (Type of Identification and Number)
as identification.
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.
RFP12 -5839
Loan Grant Acquisition & Compliance Services
34
Packet Page -1658-
6/12/`2012 Item
i dmnlstrative Services t3`vision
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
I State
Telephone
Order Information
Address
City
Zip
FAX Email
City State Zip
FAX
Email
2. Company Status (check only one)
3.
Remit / Payment Information
Address
City _
FAX
Email
State Zip
_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 = Co oration, P = Partnership)
' axpayer Identification Number (for tax reporting purposes only)
Federal Tax Identification Number (TIN)
(Vendors who do not have a TIN, will be required to provide a social security number prior to an award of the contract.)
4. Sign and Date Form
Certification: Under penalties of perjury, 1 certify that the information shown on this form is correct to my knowledge.
Signature Date
Title Phone Number
RFP12 -5839
Loan Grant Acquisition & Compliance Services
35
Packet Page -1659-
6/12/2012 Item 1,9:. .
AZZO
Collier count,'
lrmnistraii vve Services 04vision
Purchasing
Attachment 8: Insurance and Bonding Requirements
Insurance /Bond Type
Required Limits
1. ® Worker's
Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Compensation
Statutory Limits and Requirements
2. ® Employer's Liability
$1,000,000 single limit per occurrence
3. ® Commercial General
Bodily Injury and Property Damage
Liability (Occurrence Form)
patterned after the current
$1.000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury
ISO form
Liability and Property Damage Liability. This shall include Premises and
Operations; Independent Contractors; Products and Completed Operations
and Contractual Liability
4. ® Indemnification
To the maximum extent permitted by Florida law, the
ContractorNendor /Consultant shall indemnify and hold harmless Collier
County, its officers and employees from any and all liabilities, damages,
losses and costs, including, but not limited to, reasonable attorneys' fees and
paralegals' fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the ContractorNendor /Consultant or anyone
employed or utilized by the Contractor /Vendor /Consultant in the performance
of this Agreement. This indemnification obligation shall not be construed to
negate, abridge or reduce any other rights or remedies which otherwise may
be available to an indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence
of Collier County.
4. ® Automobile Liability
$ 1,000,000 Each Occurrence; Bodily Injury & Property Damage,
Owned /Non- owned /Hired; Automobile Included
5. ® Other insurance as
❑ Watercraft $ Per Occurrence
noted:
❑ United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
$ Per Occurrence
❑ 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.
❑ Pollution
$ Per Occurrence
$ Per Occurrence
® Professional Liability $1,000,000 Per Occurrence
• $ 500,000 each claim and in the aggregate
• $1,000,000 each claim and in the aggregate
• $2,000,000 each claim and in the aggregate
❑ Professional Liability $ per claim and in
Packet Page -1660-
6/12/2012 Itern 16.C.".
the aggregate
• $1,000,000 per claim and in the aggregate
• $2,000,000 per claim and in the aggregate
❑ Valuable Papers Insurance $ Per Occurrence
6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds,
cashiers' check or an irrevocable letter of credit, a cash bond posted with the
County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All
checks shall be made payable to the Collier County Board of County
Commissioners on a bank or trust company located in the State of Florida and
insured by the Federal Deposit Insurance Corporation.
7. ❑ Performance and For projects in excess of $200,000, bonds shall be submitted with the
Payment Bonds executed contract by Proposers receiving award, and written for 100% of the
Contract award amount, the cost borne by the Proposer receiving an award.
The Performance and Payment Bonds shall be underwritten by a surety
authorized to do business in the State of Florida and otherwise acceptable to
Owner; provided, however, the surety shall be rated as "A -" or better as to
general policy holders rating and Class V or higher rating as to financial size
category and the amount required shall not exceed 5% of the reported policy
holders' surplus, all as reported in the most current Best Key Rating Guide,
published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New
York 10038.
8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is
required to meet. The same Vendor shall provide County with certificates of insurance meeting the
required insurance provisions.
9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for
Commercial General Liability where required.
10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board
of County Commissioners in Collier County, OR Collier County Government, OR Collier County.
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
RFP12 -5839
Loan Grant Acquisition & Compliance Services
37
Packet Page -1661-
6/12/2012 Item I
CAMer County
i do -onismlive Sern,es Dvtsilm
«urr..hasmg
Attachment 9: Reference Questionnaire
Solicitation:
Reference Questionnaire for:
(Name of Company Requesting Reference Information)
(Name of Individuals Requesting Reference Information)
Name: Company:
(Evaluator completing reference questionnaire) (Evaluator's Company completing reference)
Email: FAX: Telephone:
Collier County is implementing a process that collects reference information on firms and their key personnel to be used
in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as
a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the
best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the
firm /individual again) and 1 representing that you were very unsatisfied (and would never hire the firm /indivdival again).
If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will
be scored "0."
Project Description: Project Start Date:
Completion Date:
Loan Amount: Project Duration:
Item
Citeria
Score
1
Ability to manage the project costs.
2
Ability to maintain project schedule (complete on -time or early).
3
Quality of work.
4
Quality of consultative advice provided on the project.
5
Professionalism and ability to manage personnel.
6
Close out project process (final product turnover, invoices, final reporting,
coordination of close -out audit, etc.)
7
Ability to verbally communicate and document information clearly and succinctly.
8
Abiltity to manage risks and unexpected project circumstances
9
Ability to follow County policies, procedures, rules, regulations, etc.
10
Overall comfort level with hiring the company in the future (customer satisfaction).
TOTAL SCORE OF ALL ITEMS
Please FAX this completed survey to:
Packet Page -1662-
By
RFP12 -5839
Loan Grant Acquisition & Compliance Services
38
County
AdminstatN e Services Nislon
Purchasing
Addendum 1
Date: March 6, 2012
From: Jack Curran, Purchasing Strategist
To: Interested Suppliers
6112/29012 Item
Email: @colliergov.net
Telephone: (239)
FAX: (239)
Subject: Addendum for Solicitation: RFP 12 -5839 — "Grant Acquistion and Compliance
Services"
The following clarification is made to the above mentioned Collier County solicitation.
Replace page 9 Tab IV with the following criteria response format:
4. Tab IV, Cost of Services to the County (15 Points)
• Provide the information as requested:
1. Identify the compensation, represented by a
percentage, of the total loan between $2 million and
$5 million that the firm expects.
(expressed as .XX)
(Express the loan compensation percentage as a
decimal = .XX; examples may include .025 or .0375)
2. Identify the compensation, represented by a
percentage, of the total loan between $15 million and
$25 million that the firm expects.
(expressed as .XX)
(Express the loan compensation percentage as a
decimal = .XX; examples may include .025 or .0375)
3. Identify the compensation, represented by a
percentage, of the total loan between $25 million and
$50 million that the firm expects.
(expressed as .XX)
(Express the loan compensation percentage as a
decimal = .XX; examples may include .025 or .0375)
TOTAL add 1 + 2 + 3 and enter TOTAL to the
Packet Page -1663-
6/12/2012 Item i 6.
adjacent column)
(expressed as .XX)
• Detail the project compensation milestones through the six services, including when the
milestones occur and how the percentage compensation is calculated.
• Provide proposed hourly rates of principals and al staff (including sub - consultants) that
may be assigned to this contract.
Provide a description of alternative methods of compensation. Include hourly rates for
intended personnel and a flee schedule.
Prior to the Selection Committee reviewing proposals, the following methodology will be
applied to each vendor's information provided in this area in the requested information.
• The highest number of points (15) will be awarded to the vendor who has the lowest
TOTAL percentage.
• The next vendor's lowest TOTAL percentage will be divided by the lowest vendor's
lowest TOTAL percentage which will then be multiplied by 15 points to determine the
vendor's points awarded. Each subsequent vendor's score will be calculated in the
same manner.
• Points awarded will be extended to the first decimal point (per Microsoft Excel).
The Points Awarded by vendor will be distributed to the Selection Committee prior to their
evaluation of the proposals. The Selection Committee will review the vendor's proposal to
ensure consistency and completion of all tasks in the RFP, and review the Points Awarded
per vendor. The Selection Committee may, at their sole discretion, may modify the pre -
scored points after a thorough review of the proposal and prior to final ranking by the final
Selection Committee.
If you require additional information please post a question on the Online Bidding site or contact
me at the information noted above.
C: Laura Zautcki,
Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation.
(Signature)
(Name of Firm)
Packet Page -1664-
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6/12/2012 Item 16.C.a.
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Adminaaa I Sendoes Division
Date: 5!2!12; 10:30AM
Solicitation: 12 -5839
6.`A 2/20' 2 Ilern
Attendance Sheet
Selection Committee Meeting
Collier County Department Sign -in
8 De artment
✓l v►1S -- 5��1 1
AOW
G/ Acquistions/ TechFormsandLetters/ MandatoryPre- ProposalSigninSheet
Revised: 4115/2010
Packet Page -1666-
6!1212012 Item 16 .u.
Selection Committee Meeting April 4th, 2012 9:00am to 11:OOAM
The selection committee was present.
One proposer was present: Angie Brewer & Associates, LC
Discussion was begun by the project Manager Laura Zautcke,.
She expressed her views and concerns with what she read in the proposals and stated she would like to
have more clarification from the vendors.
Each of the other members Amia Curry and Frank Ramsey agreed as they had some questions also.
Ed Finn stated that he did not begin to score any of the vendors as he wanted more information that
was not in the proposals.
It was agreed by all that presentations would be given by the proposers.
I asked the committee if all three vendors were to present or what their preference would be.
The committee stated indivually that they felt that Angie Brewer and Black and Veatch were the only
vendors they wanted to present. They felt the third vendor Chastain Skillman just did not have what
they were looking for. They also said that they did not score anyone as they wanted more information
but only wanted presentations from the two firms above.
The agreed to supply me by the following Monday a list of all questions they would like the vendors to
answer in their presentations.
They agreed that after the presentations they would reconve as the committee and shortlist the firms.
Based on the original proposal and the clarifying questions answered in the presentation whish were
mainly tied to tabs in the RFP and responses.
Packet Page -1667-
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